A BILL

To provide for the appointment, control and discipline of special constables; to amend the Police Regulation Act, 1899, the Police Offences Act, 1901, and certain other Acts; and for purposes connected therewith.

BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by authority of the same, as follows:-

Short title and commencement.

1. (1) This Act may be cited as the "Police Regulation (Special Constables) Amendment Act, 1971".

(2) This Act shall commence upon a day to be appointed by the Governor and notified by proclamation published in the Gazette.

2. The Police Regulation Act, 1899, is amended -

(a) by omitting from section one

"PART II. - APPOINTMENT, DISCIPLINE, AND DUTIES OP THE POLICE FORCE - ss.4-27.

PART IIA. - POLICE RESERVE.

PART IIB. - WOMEN POLICE (TRANSITORY PROVISIONS).

PART III. - POLICE SUPERANNUATION AND REWARD FUND - ss.28-36"

and by inserting in lieu thereof:-

"PART II. - GENERAL - ss.4-27.

PART IIA. - POLICE RESERVE - ss.27A-27L.

PART IIB. - WOMEN POLICE (TRANSITORY PROVISIONS) - ss.27M-270.

PART III. - POLICE SUPERANNUATION AND REWARD FUND - ss.28-36.

PART IV. - SPECIAL CONSTABLES - ss.37-76.

DIVISION 1. — Special Constables in Regular Service in the Police Department - ss.37-42.

DIVISION 2. - Special Constables on Call - ss.43-48.

DIVISION 3. - Visiting Special Constables - ss.49-55.

DIVISION 4. - Private Special Constables - ss.56-71.

DIVISION 5. - General - ss.72-79."

(b) by omitting from section three "constable of police;" and by inserting in lieu thereof "constable of police, but does not include a special constable;".

(c) by omitting from section three "by him as the ordinary pay of his rank." and by inserting in lieu thereof "by him as the ordinary pay of his rank; and the term "special constable" means a special constable in regular service in the Police Department, a visiting special constable, a special constable on call or a private special constable."

(d) by omitting from subsection one of section four "Wales." and by inserting in lieu thereof "Wales and of special constables."

(e)(i) by omitting from subsection one of section 12D "special constable" and by inserting in lieu thereof "special constable in regular service in the Police Department".

(ii) by omitting from subsection three of the same section "special constable" wherever occurring and by inserting in lieu thereof "special constable in regular service in the Police Department".

(iii) by omitting from subsection four of the same section "special constable" wherever occurring and by inserting in lieu thereof "special constable in regular service in the Police Department".

(iv) by omitting from subsection sir of the same section "special constable" wherever occurring and by inserting in lieu thereof "special constable in regular service in the Police Department".

(v) by omitting from subsection nine of the same section "special constable" and by inserting in lieu thereof "special constable in regular service in the Police Department".

(vi) by omitting from subsection ten of the same section "special constable" and by inserting in lieu thereof "special constable in regular service in the Police Department".

(vii) by omitting from subsection eleven of the same section "special constable" wherever occurring and by inserting in lieu thereof "special constable in regular service in the Police Department".

(viii) by omitting from subsection twelve of the same section " 'special constable' means a special constable under the Police Offences Act, 1901, as amended by subsequent Acts, employed by the Commissioner of Police."

(f)(i) by omitting from subsection one of section fifteen "police force" and by inserting in lieu thereof "police force or special constable in regular service in the Police Department or special constable on call".

(ii) by omitting from subsection two of the same section "police force" and by inserting in lieu thereof "police force or special constable".

(g) by omitting from subsection one of section sixteen "police force" and by inserting in lieu thereof "police force and every special constable (other than a private special constable) who is".

(h)(i) by omitting from section seventeen "police force" where firstly occurring and by inserting in lieu thereof "police force or a special constable".

(ii) by omitting from paragraph (a) of the same section "article of clothing" and by inserting in lieu thereof "part of the uniform".

(iii) by omitting from the same paragraph of the same section "police force" and by inserting in lieu thereof "or of special constables in regular service in the Police Department or of any prescribed class of such special constables or of special constables on call or of any prescribed class of such special constables or of visiting special constables or of private special constables".

(iv) by omitting from paragraph (d) of the same section "police force" and by inserting in lieu thereof "police force or of a special constable in regular service in the Police Department or of a member of any prescribed class of such special constables or of a special constable on call or of a member of any prescribed class of such special constables or of a visiting special constable or of a private special constable".

(v) by omitting from paragraph (c) of the same section "members" and by Inserting in lieu thereof "members or of a special constable in regular service in the Police Department or of a member of any prescribed class of such special constables or of a special constable on call or of a member of any prescribed class of such special constables or of a visiting special constable or of a private special constable".

(vi) by omitting from paragraph (d) of the same section "police force" and by inserting in lieu thereof "police force or a special constable".

(vii) by omitting from subparagraph (i) of paragraph (e) of the same section "members" and by inserting in lieu thereof "members or of any special constable in regular service in the Police Department or of any member of any prescribed class of such special constables or of any special constable on call or of any member of any prescribed class of such special constables or of a visiting special constable or of a private constable".

(viii) by omitting from subparagraph (ii) of the same paragraph of the same section "police force" and by inserting in lieu thereof "police force or as a special constable".

(i) by omitting from subsection seven of section 17A "and a special constable appointed under the Police Offences Act, 1901, as amended by subsequent Acts, who is employed in the Police Department" and by inserting in lieu thereof", a special constable in regular service in the Police Department, and a special constable on call".

(j)(i) by omitting from subsection one of section twenty-six "police force" wherever occurring and by inserting in lieu thereof "police force or special constable".

(ii) by omitting from the same subsection of the same section "may plead" and by inserting in lieu thereof "may, except in the Supreme Court, plead".

(iii) by omitting from the same subsection of the same section "and give" and by inserting in lieu thereof "and may give".

(iv) by omitting from subsection two of the same section "the jury who try the said issue shall find a verdict for such member of the police force, and he shall recover his costs of suit" and by inserting in lieu thereof "a verdict shall be found for such member of the police force or special constable".

3. The Police Regulation Act, 1899, is further amended by inserting next after section thirty-six the following new Part -

PART IV.

SPECIAL CONSTABLES.

DIVISION 1. - Special Constables in Regular Service in the Police Department.

37. The Commissioner may appoint any person to the office of special constable in regular service in the Police Department.

38. (1) The appointment of a person to the office of special constable in regular service in the Police Department shall not take effect until he has taken and subscribed the following oath, namely -
I (name) of (address) do swear that, so long as I hold the office of special constable in regular service in the Police Department, I will well and truly serve our Sovereign Lady the Queen in that office, without favour or affection, malice or ill-will, and will to the best of my skill and knowledge discharge all the duties thereof faithfully according to law. So help me GOD. -
and has transmitted the oath, subscribed by him, to the Commissioner. .

(2) The oath may be administered by a Justice or a member of the police force of or above the rank of inspector.

(3) This section does not apply to an appointment by section forty-two of this Act.

39. The Commissioner may, whenever in his opinion it is desirable so to do, assign any special constable in regular service in the Police Department to any prescribed class of such special constables and may terminate any such assignment.

40. (1) A special constable in regular service in the Police Department shall, in the execution of his office, have all such powers, authorities, advantages and immunities as any member of the police force duly appointed now has or hereafter may have by virtue of the common law or of any Act for the time being in force.

(2) Subject to any rule made pursuant to section seventy-seven of this Act, a special constable in regular service in the Police Department shall have all such duties as any member of the police force duly appointed now has or hereafter may have by virtue of the common law or of any Act for the time being in force.

41. A special constable in regular service in the Police Department shall in the execution of his office act under the direction and control of the Commissioner or any other member of the police force or special constable in regular service in the Police Department under whom he is for the time being placed, for the execution of his office, by or pursuant to any general or special order of the Commissioner.

42. Notwithstanding section thirty-six of this Act any person employed in the Police Department or by the Commissioner who immediately before the commencement of this Act holds the office of special constable, to which office he was appointed, at the request of the Commissioner, pursuant to paragraph (b) of subsection (1A) of section one hundred and one of the Police Offences Act, 1901, is hereby appointed a special constable in regular service in the Police Department.

DIVISION 2. - Special Constables on Call.

43. The Commissioner may appoint any person to the office of special constable on call.

44. The appointment of a person to the office of special constable on call shall not take effect until he has taken and subscribed the following oath, namely -
I, (name) of (address) do swear that, so long as I hold the office of special constable on call, I will well and truly serve our Sovereign Lady the Queen in that office, without favour or affection, malice or ill-will, and will to the best of my skill and knowledge discharge all the duties thereof faithfully according to law. So help me GOD. -
and has transmitted the oath, subscribed by him, to the Commissioner.

45. The Commissioner may whenever in his opinion it is desirable so to do, assign any special constable on call to any prescribed class of such special constables and may terminate any such assignment.

46. (1) The Commissioner or any member of the police force under whom a special constable on call is for the time being placed, for the execution of his office, by or pursuant to any general or special order of the Commissioner, may from tine to time, by any general or special order, order the special constable on call to be on duty as from an appointed time.

(2) Where a special constable on call is ordered, as provided by subsection one of this section, to be on duty as from an appointed time, he shall, for the purposes of this Act, be on duty as from the appointed time and remain on duty until released therefrom by or pursuant to any general or special order of the Commissioner or of the member of the police force who directed him to be on duty.

47. (1) A special constable on call shall, when on duty, have, all such powers and authorities as any member of the police force duly appointed now has or hereafter may have by virtue of the common law or any Act for the time being in force.

(2) Subject to any rule made pursuant to section seventy-seven of this Act, a special constable on call shall have all such duties as any member of the police force duly appointed now has or hereafter may have by virtue of the common law or any Act for the time being in force.

(3) In respect of any act or omission by him when he is on duty a special constable on call shall have all such advantages and immunities as any member of the police force now has or hereafter may have by virtue of the common law or any Act for the time being in force.

48. A special constable on call shall) when on duty, act, in the execution of his office, under the direction and control of the Commissioner or any other member of the police force or special constable in regular service in the Police Department under whom he is, for the time being placed, for the execution of his office, by or pursuant to any general or special order of the Commissioner.

DIVISION 3. - Visiting Special Constables.

49. The Commissioner may appoint any person who is not a member of the police force but is a member of. a police force of any place other than New South Wales to the office of visiting special constable.

50. (1) The appointment of a person to the office of visiting special constable shall not take effect until he has taken and subscribed the following oath, namely -
I, (name) of (address) do swear that, so long as I hold the office of visiting special constable, I will exercise it faithfully according to law, without favour or affection, malice or ill-will. So help me GOD. -
and has transmitted the oath, subscribed by him, to the Commissioner.

(2) The oath may be administered by a Justice, any member of the police force of or above the rank of inspector, or any officer of such other police force whereof the person is a member who is of or above the rank of inspector.

(3) This section does not apply to an appointment by section fifty-five of this Act.

51. For the purposes of this Act a visiting special constable is on duty whenever he is in New South Wales for the purpose of or for any purpose connected with the upholding or enforcement of any law of the Commonwealth of Australia or of any territory of the Commonwealth of Australia or of New South Wales or of any other State within the Commonwealth of Australia or, in co-operation with the police force of New South Wales, the upholding or enforcement of any law of any place.

52. (1) A visiting special constable shall, when on duty, have all such powers and authorities as any member of the police force duly appointed now has or hereafter may have by virtue of the common law or of any Act for the time being in force.

(2) In respect of any act or omission by him when he is on duty a visiting special constable shall have all such advantages and immunities as any member of the police force now has or hereafter may have by virtue of the common law or of any Act for the time being in force.

53. A visiting special constable shall not, whenever he is on duty as a visiting special constable, do any act or thing which he is ordered not to do by any general or special order of the Commissioner or of any member of the police force of New South Wales under whom he is for the time being placed, for the execution of his office as a visiting special constable, by or pursuant to any general or special order of the Commissioner.

54. A visiting special constable may at any time, by notice in writing to the Commissioner, resign his office.

55. Notwithstanding section forty-nine of this Act any member of the police force of any place other than New South Wales who immediately before the commencement of this Act held the office of special constable, to which he was appointed, at the request of the Commissioner, pursuant to subsection (1A) of the Police Offences Act, 1901, is hereby appointed a visiting special constable.

DIVISION 4. - Private Special Constables.

56. (1) Where a person employs or proposes to employ another in a particular capacity, he may apply in writing to the Commissioner that the employee or proposed employee be appointed to the office of private special constable.

(2) In subsection one of this section the word "person" where first appearing includes the Crown in right of New South Wales and also the Crown in all its other capacities.

57. Where application has been made as provided by section fifty-six of this Act, the Commissioner may, subject to section fifty-eight of this Act, appoint the employee or proposed employee to the office of private special constable for such period as the Commissioner thinks desirable.

58. (1) The Commissioner shall not exercise, in respect of any employee or proposed employee, the power of appointment conferred upon him by section fifty-seven of this Act, unless he is of opinion that -
(a) the capacity in which that person is employed or will be employed by the applicant is such that the appointment of the employee or proposed employee to the office of private special constable is desirable for the purpose of deterring crime or upholding or enforcing any penal law; and

(b) the applicant has, by reason of any matter pertaining to -

(i) any statutory duty imposed upon him;

(ii) any statutory power rested in him;

(iii) any activity, enterprise, undertaking or business carried on by him or which he proposes to carry on;

(iv) any land owned or occupied by him -

a special interest in the appointment, for the purposes of deterring crime or of upholding or enforcing that penal law, in the appointment of the employee or proposed employee to the office of private special constable.
(2) In this section a "penal law" means a law for breach, of which the offender may be imprisoned or may be fined.

59. Any person may apply in writing to the Commissioner that he be appointed to the office of private special constable.

60. Where application has been made as provided by section fifty-nine of this Act, the Commissioner may, subject to section sixty-one of this Act, appoint the applicant to the office of private special constable for such period as the Commissioner thinks desirable.

61. The Commissioner shall not exercise, in respect of any applicant, the power conferred upon him by section sixty of this Act, unless he is of opinion that -
(a) the appointment of the applicant to the office of private special constable is desirable for the purpose of deterring crime or of upholding or enforcing any penal law; and

(b) the applicant has, by reason of any matter pertaining to -

(i) any statutory duty imposed upon him;

(ii) any statutory power vested in him;

(iii) any activity, enterprise, undertaking or business carried on by him or which he proposes to carry on;

(iv) any land owned or occupied by him -

a special interest in being appointed, for the purpose of deterring crime or of upholding or enforcing that penal law, to that office.

62. The period of the appointment of any person to the office of private special constable may be fixed by reference to the occurrence of any event or events.

63. (1) Where the period of the appointment of any person to the office of private special constable has been fixed by reference to the occurrence of any event or events, the person so appointed shall, forthwith upon becoming aware of the occurrence of such event or events, notify the Commissioner thereof, in default whereof he shall be liable, upon conviction, to a penalty not exceeding one hundred dollars.

(2) Where the period of the appointment of any person to the office of private special constable has been fixed by reference to the occurrence of any event or events and the appointment was made upon the application of another person, the person upon whose application the appointment was made shall, forthwith, upon becoming aware of the occurrence of such event or events, notify the Commissioner thereof, in default whereof he shall be liable, upon conviction, to a penalty not exceeding one hundred dollars.

64. (1) The appointment of any person to the office of private special constable shall be upon such terms, if any, as the Commissioner thinks fit.

(2) The Commissioner may, at any time during the period of the appointment of any person to the office of private special constable -

(i) impose terms of the appointment;

(ii) revoke, vary or add to terms of the appointment.

65. (1) In respect of the office of any private special constable the Commissioner shall, whenever in his opinion it is desirable so to do, impose such restrictions, if any, as to -
(a) the place or places where the private special constable may exercise powers and authorities by virtue of the office;

(b) the circumstance or circumstances in which the special constable may exercise powers and authorities by virtue of the office -

as the Commissioner thinks desirable.

(2) The Commissioner may revoke or vary any restrictions imposed by him pursuant to subsection one of this section.

66. (1) The appointment of any person to the office of private special constable shall not take effect until he has taken and subscribed the following oath, namely -
I, (name) of (address) do swear that, so long as I hold the office of private special constable, I will exercise it faithfully according to law, without favour or affection, malice or ill-will. So help me GOD. -
and has transmitted the oath subscribed by him to the Commissioner.

(2) The oath may be administered by a Justice or by any member of the police force of or above the rank of inspector.

67. (1) A private special constable shall have -
(a) in the execution of his office, all such powers and authorities;

(b) in respect of any act or omission by him in the execution of his office, all such advantages and immunities -

as any member of the police force now has or hereafter may have by virtue of the common law or of any Act for the time being in force.

(2) This section is subject to section sixty-five of this Act.

68. A private special constable shall not, in the execution of his office, do any act or thing which he is ordered not to do by a member of the police force.

69. A private special constable may at any time, by notice in writing to the Commissioner, resign his office.

70. Where a private special constable has been appointed to his. office upon the application of another person and that other person requests the Commissioner to terminate the appointment, the Commissioner shall terminate the appointment.

71. (1) For the purpose of this Act any person who immediately before the commencement of this Act held the office of special constable to which office he was appointed, at the request of his employer, or of the council of a municipality or shire, pursuant to subsection (1A) of section one hundred and one of the Police Offences Act, 1901, and who was employed as a caretaker, night watchman, or in any similar capacity, shall be deemed, upon the commencement of this Act, to be appointed by the Commissioner, pursuant to this Division, and on the application of that employer or council, to the office of private special constable to hold that office until he ceases * to be employed as aforesaid, and shall be deemed to have taken and subscribed the oath required by section sixty-six of this Act and to have transmitted it to the Commissioner,

(2) For the purposes of this Act any person who immediately before the commencement of this Act held the office of special constable to which office he was appointed, at the request of his employer, pursuant to subsection (1A) of section one hundred and one of the Police Offences Act, 1901, and who was employed as an officer of the Royal Society for the Prevention of Cruelty to Animals, New South Wales, or of any other association, organisation, society or body which has as one of its objects the promotion of the welfare of or the prevention of cruelty to animals, shall be deemed, upon the commencement of this Act, to be appointed by the Commissioner, pursuant to this Division, and on the application of said association organisation, society or body, to the office of private special constable to hold that office until he ceases to be an officer of the said association, organisation, society or body, and shall be deemed to have taken and subscribed the oath required by section sixty-six of this Act and to have transmitted it to the Commissioner.

DIVISION 5. - General.

72. The Commissioner may, whenever in his opinion it is desirable so to do, suspend the appointment of any person to the office of special constable and may terminate any such suspension.

73. The Commissioner may, whenever in his opinion it is desirable so to do, terminate the appointment of any person to the office of special constable.

74. (1) No special constable shall be at liberty to resign his office or to withdraw from the duties thereof unless expressly authorised so to do by the Commissioner or other member of the police force under whom he is for the time being placed, for the execution of his office, by or pursuant to any general or specific order of the Commissioner, or unless he gives to such member of the police force four weeks' notice of his intention so to resign or withdraw.

(2) Any special constable who so resigns or withdraws without such previous permission or notice shall, upon conviction, be liable to a penalty not exceeding forty dollars.

(3) This section does not apply to any visiting special constable or any private special constable.

75. When a special constable ceases for any cause to hold his office, all powers and authorities vested in him as a special constable shall immediately cease.

76. (1) Any special constable who does not forthwith after ceasing for any cause to hold his office deliver over all the arms, ammunition, equipment, accoutrements, and other appointments and things supplied to him by a member of the police force or by the Police Department, for the execution of his office, to some person appointed by any special or general order of the Commissioner shall, upon conviction, be liable to imprisonment for a term not exceeding three months.

(2) Any Justice may and shall issue his warrant to search for and seize to the use of Her Majesty all and every the arms, ammunition, equipment, accoutrements, and other appointments and things not so delivered over wherever the same are found.

77. (1) The Governor may make rules not inconsistent with this Part of this Act prescribing all matters which are necessary or convenient to be prescribed for carrying into effect the objects and purposes of this Part of this Act.

(2) In particular and without prejudice to the generality of subsection one of this section such rules may provide for -

(a) the general government and discipline of special constables;

(b) preventing neglect or abuse;

(c) rendering special constables efficient in the performance of their office;

(d) the establishment of different classes of special constables in regular service in the Police Department;

(e) the establishment of different classes of special constables on call;

(f) the duties of special constables in regular service in the Police Department or of any class thereof;

(g) the duties of special constables on call or of any class thereof;

(h) the calling for duty of special constables on call or of any class thereof;

(i) the release from duty of special constables on call or of any class thereof;

(j) the imposition by the Commissioner of penalties not exceeding two hundred dollars for any breach by any special constable of any provision of this Part of this Act or of the rules.

(3) Different rules may be made applying to different special constables according to whether they are special constables in regular service in the Police Department, or members of a prescribed class of special constables in regular service in the Police Department, or special constables on call, or members of a prescribed class of special constables on call, or visiting special constables or private special constables, according to whether they are male or female, and, in the case of private special constables, according to the person on whose application they were appointed and according to the nature of their employment by that person.

(4) Any penalty imposed by or pursuant to the rules may be recovered in any court of competent jurisdiction as a debt due to the Crown.

78. (1) The Commissioner shall maintain a public register setting out particulars as to the appointment by or pursuant to the Act of any person to the office of special constable, including -
(a) the name and place of abode of the special constable;

(b) the date upon which his appointment took effect;

(c) whether the appointment is to the office of special constable in regular service in the Police Department, special constable on call, visiting special constable or private special constable;

(d) where the special constable is a special constable in regular service in the Police Department, particulars, including the date, of each assignment, if any, to any prescribed class of special constables in regular service in the Police Department;

(e) where the special constable is a special constable on call, particulars, including the date, of each assignment, if any, to any prescribed class of special constables on call;

(f) where the special constable is a private special constable -

(i) the name and address of the employer at whose request the appointment was made;

(ii) any restrictions imposed under section sixty-five of this Act upon the office of the private special constable;

(iii) where restrictions imposed under section sixty-five of this Act upon the office of the private special constable are revoked or varied, each revocation or variation and the date thereof;

(iv) where the period of the appointment has expired, the date of the expiration.

(g) where the appointment is suspended, the suspension and the date thereof;

(h) where suspension of the appointment is terminated, the suspension and the date thereof;

(i) where the appointment is terminated "by the Commissioner, the termination and the date thereof; and

(j) where the appointment is terminated by resignation, the resignation and the date thereof.

(2) The register shall at all reasonable times be made available to any person to inspect entries therein and to take extracts or copies therefrom.

79. In any proceeding in any court a certificate purporting to be signed by a member of the police force of or above the rank of inspector certifying -
(a) that he is a member of the police force of or above the rank of inspector;

(b) whether or not throughout the day, or as the case may be, throughout the period stated in the certificate, a person whose name is stated in the certificate held the office of special constable;

(c) where the person was, throughout that day or throughout that period a special constable, whether he held the office of special constable in regular service in the Police Department, special constable on call, visiting special constable or private special constable;

(d) where the person was throughout that day or throughout that period a special constable in regular employment in the Police Department whether he was assigned throughout that day or throughout that period to a prescribed class of special constables in regular service in the Police Department, and if so, the class to which he was assigned;

(e) where the person was, throughout that flay or throughout that period a special constable on call, whether he was assigned throughout that day or throughout that period to a prescribed class of special constables on call, and if so, the class to which he was assigned;

(f) where the person was throughout that day or throughout that period a special constable on call, whether he was on duty at any time throughout that day or during that period, and if so, the starting and finishing time of each such period of duty;

(g) where the person was throughout that day or throughout that period a visiting special constable, whether he was on duty at any time throughout that day or throughout that period, and if so, the starting and finishing time of each such period of duty; and

(h) where the person was throughout that day or throughout that period a private special constable -

(i) whether he was appointed to that office on the application of another person, and if so, the name and address of that other person; and

(ii) whether any restrictions pursuant to section sixty-five of this Act upon the office of the private special, constable were in force throughout that day or throughout that period, and if so, each such restriction -

is evidence of the matters stated therein.

4. The Police Offences Act, 1901, is amended -

(a) by omitting from section one -

"PART IV. - Special Constables. - ss.101-108."

(b) by omitting Part IV.

5. The Crimes Act, 1900, is amended -

(a) by omitting from section fifty-eight "constable," and by inserting in lieu thereof "constable, special constable,".

(b) by omitting from section four hundred and ninety-four "constable," and by inserting in lieu thereof "constable, special constable,".

Sec.5. (Act not to apply to certain public officers.)

6. The Public Service Act, 1902, is amended by omitting from section five "person employed under the Police Regulation Act of 1899" and by inserting in lieu thereof "person (not being a special constable on call or a private special constable) employed under the Police Regulation Act, 1899".

Sec.1. (Short title, commencement and incorporation.)

7. The Police Regulation (Superannuation) Act, 1906, is amended by omitting from section one "the Police Regulation (Amendment) Act, 1927" and by inserting in lieu thereof "subsequent Acts".

New secs.7 and 8.

8. The Police Regulations (Appeals) Act, 1923, is amended by inserting next after section six the following new sections -

7. (1) Any person who, at the time of the decision of the Commissioner hereinafter in this subsection referred to, is a special constable, if dissatisfied with any decision of the Commissioner made or given after the commencement of the Police Regulation (Special Constables) Amendment Act, 1971, in regard to the imposition upon him of a fine or monetary penalty may appeal to the Board against such decision.

(2) The provisions of sections eleven to thirteen both inclusive of the Crown Employees Appeal Board Act, 1944 as amended by subsequent Acts, shall apply to and in respect of any appeal made to the Board under this section.

8. (1) Any person who, at the time of the decision of the Commissioner hereinafter in this subsection referred to, is a special constable in regular service in the Police Department and has been continuously in service in that Department for a period of not less than one year, if dissatisfied with any decision of the Commissioner made or given after the commencement of the Police Regulation (Special Constables) Amendment Act, 1971, in regard to the suspension or termination of his appointment to the office of special constable in regular service in the Police Department may appeal to the Board against such decision.

(2) The provisions of sections eleven to thirteen both inclusive of the Crown Employees Appeal Board Act, 1944 as amended by subsequent Acts, shall apply to and in respect of any appeal made to the Board under this section.

9. The Workers' Compensation Act, 1926, is amended -

(a) by omitting from paragraph (g) of the definition of "Worker" in subsection one of section six "concerned." and by inserting in lieu thereof "concerned; or".

(b) by inserting next after paragraph (g) of the definition of "Worker" in subsection one of section six the following new paragraph -

(h) a visiting special constable appointed by or pursuant to the Police Regulation Act, 1899, employed in the execution of that office, so far as the employment in the execution of that office is concerned.
(c) by inserting next after subsection (14D) of section six the following new subsections —

(14E) A special constable in regular service in the Police Department appointed by or pursuant to the Police Regulation Act, 1899, shall be deemed to be a worker employed by the Police Department.

(14F) A special constable on call appointed by or pursuant to the Police Regulation Act, 1899, shall be deemed to be a worker employed by the Police Department.

(14G) A private special constable appointed by or pursuant to the Police Regulation Act, 1899, on the application of another person shall be deemed to be a worker employed by the person on whose application the appointment was made.

10. The Crown Employees Appeal Board Act, 1944, is amended -

(a) by omitting from paragraph (c) of the definition of "Officer" in subsection one of section two "within the meaning of the Police Regulation Act, 1899-1943" and by inserting in lieu thereof "or special constable within the meaning of the Police Regulation Act, 1899, as amended by subsequent Acts".

(b) by omitting from subsection five of section ten "1899-1943" and by inserting in lieu thereof "1899, as amended by subsequent Acts".

(c) by inserting next after subsection five of section ten the following new subsection -

(6) This section shall not apply to and in respect of an officer who is a special constable within the meaning of the Police Regulation Act, 1899, as amended by subsequent Acts, where the decision or determination whereby the special constable deems himself to be adversely affected relates to his office as a special constable."

11. The Transport Employees Retirement Benefits Act, 1967, is amended -

(a) by omitting from paragraph (e) of the definition of "employee" in section three "Public Service Act, 1902; or" and by inserting in lieu thereof "Public Service Act, 1902, and is not a special constable in regular service in the Police Department appointed to that office by or pursuant to the Police Regulation Act, 1899; or"

(b) by omitting from the definition of "Police Department appointee" in section three "or a person" and by inserting in lieu thereof "or a person (other than a special constable in regular service in the Police Department appointed to that office by or pursuant to the Police Regulation Act, 1899)".

(c) by omitting subsection two of section three and by inserting in lieu thereof the following subsection -

(2) For the purposes of this Act -

(a) a special constable in regular service in the Police Department, appointed to that office by or pursuant to the Police Regulation Act, 18S9, shall be deemed to be a person employed in the Police Department with the authority of the Premier;

(b) a person who is an employee by reason of paragraph (b) of the definition of "employee" in subsection one of this section or by reason of that paragraph and paragraph (a) of this subsection, or who is a Police Department appointee, shall be deemed to be employed by the Commissioner of Police.

(d) by inserting next after subsection seven of section three the following new subsection -
(7A) For the purposes of this Act a person employed in the Police Department with the authority of the Premier and who is deemed to be employed by the Commissioner of Police does not cease to be employed by the Commissioner of Police by reason of him being appointed, by or pursuant to the Police Regulation Act, 1899, to the office of special constable in regular service in the Police Department.

Sec.54. (Resisting police.)

12. The Summary Offences Act, 1970, is amended by omitting section fifty-four and by inserting in lieu thereof the following section -

54. A person who resists or hinders or incites any person to assault, resist or hinder a member of the police force or a special constable appointed by or pursuant to the Police Regulation Act, 1899, in the execution of his duty is guilty of an offence. Penalty: Two hundred dollars or imprisonment for three months.

13. Each Act mentioned in the Schedule to this Act is, to the extent therein mentioned, repealed.

SCHEDULE

Sec.13

REPEAL OP ACTS.

Reference to Act.	Subject.	Extent of Repeal.
No.12, 1908	Police Offences	Section 15
No.26, 1941	Police Reserve	Section 3
No.44, 1943	Prevention of Cruelty to Animals	Subsection (2) of section 2
No.19, 1967	Police Offences, Vagrancy and Crimes	Paragraph (u) of section 2