Supplementary Order Paper No 227

No 227

House of Representatives

Supplementary Order Paper

Tuesday, 26 August 2008

Policing Bill


Proposed amendments

Hon Annette King, in Committee, to move the following amendments:

Clause 2

To omit clause 2 (lines 4 and 5 on page 7) and substitute the following clause:

2 Commencement
  • (1) Section 120(1A) comes into force on the commencement of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008.

    (2) The rest of this Act comes into force on 1 October 2008.

Clause 39(2)

To omit subsection (1) (other than money or property of a kind described in paragraph (a) or (b) of that subsection) at lines 15 to 17 on page 30 and substitute section 37 (other than money or property of a kind described in subsection (1)(a) or (b)).

New clause 53A

To insert the following clause after clause 53 (after line 20 on page 37):

53A Offences triable summarily
  • Every offence against this Act is punishable on summary conviction.

Clause 64

To omit from subclause (1)(b) second (line 27 on page 40) and substitute assign.

To omit from subclause (2)(a) seconds (line 14 on page 41) and substitute assigns.

Clause 94

To omit subclause (2) (lines 9 to 17 on page 56) and substitute the following subclauses:

  • (2) The evidence must state all prescribed information and—

    • (a) if the Police employee to whom it relates is a constable, must state that he or she has the policing powers of a constable; and

    • (b) if the Police employee to whom it relates is authorised to perform one or more particular policing roles set out in Schedule 1, must state (by reference to the name of the role or roles concerned) that he or she has the policing powers of an authorised officer.

  • (2A) The evidence—

    • (a) must bear all prescribed things:

    • (b) may state, bear, or otherwise contain (for example, by having a microchip embedded in it) any additional information or thing the Commissioner thinks appropriate:

    • (c) may be in any form the Commissioner thinks appropriate.

  • (2B) Subsection (1) does not prevent the Commissioner from providing (in addition to the evidence required by that subsection to be provided) supplementary forms of evidence of identity, authority, or both, for particular Police employees, Police employees of a particular description, or all Police employees; and any form of evidence provided—

    • (a) may state any information (whether or not required by subsection (1), or prescribed):

    • (b) may contain (for example, by having a microchip embedded in it) any information:

    • (c) may state information in a language other than English:

    • (d) may bear any things (whether or not prescribed).

  • (2C) A Police employee must surrender all evidence of identity, authority, or both supplied to him or her by the Commissioner if the employee—

    • (a) goes on leave of any kind for a period longer than 12 months; or

    • (b) resigns or retires; or

    • (c) is suspended or removed.

Clause 100

To omit paragraph (ab) (lines 8 to 10 on page 59) and substitute the following paragraph:

  • (ab) prescribing the information and things relating to a Police employee that the evidence of identity and authority provided to him or her under section 94(1) must state or bear:

Clause 106C(1)

To omit regulations are made at line 19 on page 62 and substitute the commencement of regulations.

Clause 120

To insert the following subclause after subclause (1) (after line 5 on page 69):

  • (1A) Section 46F(2)(b)(i) of the Burial and Cremation Act 1964 is amended by omitting member of the police and substituting constable.

Schedule 4

To omit 1949: (SR 1959/9) regulation 93B on lines 25 and 26 on page 88 and substitute 1949 (Reprinted with amendments Nos 1-24: SR 1985/259): Regulation 93B.

To omit 5(1)(c) at line 2 on page 91 and substitute 5(5)(c).

Schedule 5

To omit lines 30 to 33 on page 95.


Explanatory note

The proposed amendments set out in this Supplementary Order Paper are, with one additional amendment and the correction of some line references, those set out in SOP 222.

The additional amendment corrects an erroneous reference in one of the proposed amendments to the Land Transport Act 1998 set out in Schedule 4.

Clause 2 (the commencement clause) is replaced by a new clause—

  • postponing the commencement of the Bill until 1 October 2008; and

  • providing for proposed new clause 120(1A), which amends a provision of the Burial and Cremation Act 1964 that is to be inserted into that Act on the commencement of the Births, Deaths, Marriages, and Relationships Amendment Act 2008, to come into force on the commencement of that Act.

The amendment to clause 39 corrects an erroneous cross-reference.

A new clause 53A is inserted, making clear that all offences against the Bill are triable summarily.

The amendment to clause 64 makes clear that a person seconded to the Police from another organisation would be assigned by the Commissioner to a position in the Police rather than seconded to that position.

The amendment to clause 94 (which at present provides that the evidence of identity and authority to be provided to Police employees must be in the prescribed form) has the effect that the evidence can be in any form the Commissioner thinks appropriate, but must state certain prescribed information and bear certain prescribed things.

The amendment to clause 100 aligns the power to prescribe matters relating to the evidence of identity and authority to be provided to Police employees under clause 94 with the amendment to be made to that clause.

The amendment to clause 120 inserts a new subclause (1A), substituting a reference to constable for a reference to member of the police in a provision of the Burial and Cremation Act 1964 that is to be inserted into that Act on the commencement of the Births, Deaths, Marriages, and Relationships Amendment Act 2008.

Minor textual adjustments are made to clause 106C and Schedule 4.

The amendment to Schedule 5 omits from that schedule amendments to certain provisions of the Government Superannuation Fund (Ceasing Contributions) Regulations 1995 that no longer have to be made, because those provisions apply to actions that could be taken only until 31 July 2008.