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Police Act 1931 (NI)

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Act No. 7 of 1931
Other document - Other as made
This is an Act of the previous Norfolk Island Legislative Assembly that was continued in force under s16 and 16A of the Norfolk Island Act 1979.
Administered by: Infrastructure, Regional Development and Cities
Registered 09 Dec 2015

 

NORFOLK                            ISLAND

 

 

POLICE ACT 1931

 

[Consolidated as at 29 January 2013

on the authority of the Administrator

and in accordance with

the Enactments Reprinting Act 1980]

________

 

TABLE OF PROVISIONS

 

         1.      Short title

         2.      Repeal

         3.      Definitions

         4.      Appointment of police

         5.      Oath of office to be taken

         6.      Oath or affirmation equivalent to agreement

         7.      Suspension

         8.      Duties, etc, of members of the Force

                  . . . .

       10.      Taking bribe, etc, an offence

       11.      Penalty on police for neglect of duty

       12.      Appointment of special constables

       13.      Bribing, etc, member of Police Force an offence

    13A.      Disposal of property

       14.      Regulations


 

NORFOLK                            ISLAND

 

 

Police Act 1931

_______________________________________________________________________

 

An Act relating to the Police Force of the Territory of Norfolk Island

 

Short title

      1.         This Act may be cited as the Police Act 1931.

Repeal

      2.         The Constabulary Law, 1913 and the Special Constables Law, 1913 are repealed.

Definitions

      3.         In this Act, unless the contrary intention appears —

“member of the Police Force” includes any constable, sergeant and officer of police appointed under this Act;

“Police Force” means Police Force of Norfolk Island.

Appointment of police

      4.         (1)        The Commonwealth Minister may from time to time appoint such constables, sergeants and officers of police as he thinks necessary.

                  (2)        Every appointment to the Police Force shall be made in such manner as is determined by the Commonwealth Minister, and on such terms and conditions as to remuneration and otherwise as he thinks proper.

Oath of office to be taken

      5.         (1)        A person appointed to be a member of the Police Force shall not be capable of holding that office or of acting in any way therein until he has taken and subscribed an oath or made and subscribed an affirmation in the following form:

Oath

I, A.B., do swear that I will well and truly serve Our Sovereign Lady the Queen in the office of member of the Police Force of the Territory of Norfolk Island without favour or affection, malice or ill-will, from this date until I am discharged from that office; that I will seek and cause Her Majesty’s Peace to be kept and preserved and that I will prevent, to the best of my power, all offences against the same, and that, while I continue to hold the said office, I will, to the best of my skill and knowledge, discharge all the duties thereof faithfully according to law.

Taken and subscribed at               )

Norfolk Island this                        )

day of                                            )

Before me —

 

 


 

Affirmation

I, A.B., do solemnly and sincerely affirm and declare that I will well and truly serve Our Sovereign Lady the Queen in the office of member of the Police Force of the Territory of Norfolk Island without favour or affection, malice or ill-will, from this date until I am discharged from that office; that I will seek and cause Her Majesty’s Peace to be kept and preserved, and that I will prevent, to the best of my power, all offences against the same, and that while I continue to hold the said office I will, to the best of my skill and knowledge, faithfully discharge all the duties thereof according to law.

Made and subscribed at                )

Norfolk Island this                        )

day of                                            )

Before me —

 

                  (2)        The oath or affirmation shall be taken or made before the Chief Magistrate or a Justice of the Peace and shall in all cases be subscribed by the person taking the oath or making the affirmation, and when so taken or made and subscribed shall be forwarded to the Administrator by the person before whom the oath or affirmation was taken or made.

Oath or affirmation equivalent to agreement

      6.         (1)        Any person taking or making and subscribing any such oath or affirmation shall be deemed to have thereby entered into a written agreement and be thereby bound to serve Her Majesty as a member of the Police Force from the date on which the oath or affirmation was taken or made and subscribed until the agreement is determined as prescribed.

                  (2)        Any such agreement shall not be set aside, cancelled or annulled for want of reciprocity.

                  (3)        The agreement may be determined at any time by the discharge, dismissal or other removal from office of any such person or by the resignation of any such person in accordance with subsection 6(4).

                  (4)        A member of the Police Force shall not be at liberty to resign his office or to withdraw from the duties thereof unless expressly permitted so to do by the Commonwealth Minister, or unless he gives through the Administrator to the Commonwealth Minister 3 months notice in writing of his intention so to resign or withdraw.

                  (5)        Any member of the Police Force who so resigns or withdraws without that previous permission or notice shall be guilty of an offence.

Penalty:           10 penalty units or imprisonment for 3 months.

                  (6)        When any member of the Police Force ceases for any reason to be a member thereof, all authority vested in him as such member and any appointment conferred upon him in his capacity as such member and any office held by him in such capacity shall cease and determine.

Suspension

      7.         (1)        Where there is reason to believe that a member of the Police Force has committed an offence against this Act or the Regulations thereunder or has been guilty of misbehaviour or incapacity, the Administrator may suspend such member and shall report the suspension at the earliest opportunity to the Commonwealth Minister, who may confirm the suspension and dismiss or terminate the appointment of such member or direct that he be prosecuted or dealt with under this Act or the Regulations thereunder, or he may remove the suspension.

                  (2)        No pay shall be allowed during the period of suspension unless the Commonwealth Minister otherwise orders.

Duties, etc, of members of the Force

      8.         A member of the Police Force shall have the same powers, duties, rights and liabilities as constables at common law, except so far as they are modified by any law of Norfolk Island.

. . . .

 

Taking bribe, etc, an offence

      10.       Any member of the Police Force who —

(a)        takes any bribe, either directly or indirectly; or

(b)        aids, abets, assists or connives at the escape or attempt or preparation to escape, of any prisoner in lawful custody; or

(c)        assists any person who has committed an offence to escape arrest or conviction for that offence; or

(d)       deserts his post; or

(e)        assaults his superior officer,

shall be guilty of an offence.

Penalty:           20 penalty units or imprisonment for 12 months.

Penalty on police for neglect of duty

      11.       (1)        Any member of the Police Force who is guilty of any neglect or violation of duty in his office as such member shall be guilty of an offence.

Penalty:           5 penalty units or imprisonment for one month.

                  (2)        The amount of any penalty imposed upon a member of the Police Force for an offence against this section may be deducted from any salary then or thereafter due to the member.


Appointment of special constables

      12.       (1)        The Administrator may, at any time and on such terms and conditions as he thinks fit, appoint, or authorise the appointment of, such special constables as are in his opinion necessary or expedient to be appointed, and all such special constables shall, during the continuance of their appointment, be members of the Police Force with such powers as are specified in the instrument by which they are appointed.

                  (2)        Whenever any special constable has been appointed under this section, notice of the appointment and of the circumstances rendering such appointment necessary shall be forthwith forwarded by the Administrator to the Commonwealth Minister.

Bribing, etc, member of Police Force an offence

      13.       Any person, not being a member of the Police Force, who gives, or offers or promises to give, any bribe, recompense, or reward to, or makes any collusive agreement with, any member of the Police Force, to induce him to neglect his duty, or to conceal or connive at any act whereby any rule, order, or regulation relating to the appointment and duties of the members of the Police Force for the time being in force may be evaded, shall be guilty of an offence.

Penalty:           20 penalty units or imprisonment for 12 months.

Disposal of property

      13A.    (1)        Property, other than real property, which —

(a)        has lawfully come into the possession of a member of the Police Force; and

(b)        is not claimed within a period of 3 months after coming into that officer’s possession,

may be sold or otherwise disposed of by the Administration.

                  (2)        Where disposal under subsection 13A(1) is otherwise than by way of sale by public auction, the Minister must approve the method of disposal.

                  (3)        Notice of an auction under subsection 13A(2) shall be published in the Gazette at least 7 days before the date of the proposed auction.

                  (4)        The net proceeds of a sale under subsection 13A(1) shall be paid into the Public Account of Norfolk Island.

                  (5)        A sale under subsection 13A(1) shall be valid against all persons.

                  (6)        For the purposes of this section, a person selling unclaimed property on behalf of the Administration shall not be required to have an auctioneer’s licence or to be licensed as an auctioneer under any law in force in Norfolk Island.

                  (7)        No action shall lie against —

(a)        the Administration; or

(b)        a member of the Police Force; or

(c)        a person selling unclaimed property on behalf of the Administration; or

(d)       any other person (including a purchaser of the property),

by reason of the sale of property in accordance with this section.


                  (8)        Where property has been sold in accordance with this section a person who immediately before the sale had title to that property shall, if he makes a claim to the Administration within the 3 months after the date on which the property was sold, be paid by the Administration the amount (if any) remaining after deducting from the proceeds of the sale of the property all costs incurred in selling the property in accordance with this section.

Regulations

      14.       The Commonwealth Minister may make Regulations, not inconsistent with this Act, prescribing all matters which by this Act are required or permitted to be prescribed or which are necessary or convenient to be prescribed and in particular for the general government, management and discipline of the Police Force.

_______________________________________________________________________

 

NOTES

The Police Act 1931 as shown in this consolidation comprises Act No. 7 of 1931 and amendments as indicated in the Tables below.

Enactment

Number and year

Date of commencement

Application saving or transitional provision

Police Act 1931

7, 1931

14.10.31

 

 

 

 

 

Administration Act 1936

14, 1936

16.12.36

 

 

 

 

 

Police Act 1947

1, 1947

28.3.47

 

 

 

 

 

Police Act 1960

14, 1960

14.4.60

 

 

 

 

 

Amendments Incorporation Act 1963

2, 1963

28.3.63

 

 

 

 

 

Ordinances Citation Act 1976

11, 1976

25.11.76

 

 

 

 

 

Ordinances Revision Act 1979

13, 1979

7.8.79

5

 

 

 

 

Ordinances Revision (Decimal Currency) Act 1980

31, 1980

15.1.81

 

 

 

 

 

Police (Lost Property) Act 1980

6, 1981

26.3.81

 

 

 

 

 

Statute Law Revision (Penalties and Fees) Act 1984

9, 1985

13.5.85

4

 

 

 

 


 


Enactment

Number and year

Date of commencement

Application saving or transitional provision

Police Amendment Act 1995

4, 1995

27.4.95

 

 

[Previously consolidated as at 13 June 2002]

 

 

 

 

Interpretation (Amendment) Act 2012

[to substitute throughout —Commonwealth Minister for Minister; and to substitute Minister for executive member]

14, 2012

28.12.12

 

____

 

 

Table of Amendments

ad =    added or inserted

am = amended

rep = repealed

rs =      repealed and substituted

Provisions affected

How affected

1

am

  2, 1963;  11, 1976

3

am

14, 1936;  13, 1979

5(1)

am

  1, 1947

5(2)

ad

  1, 1947

6

am

31, 1980;   9, 1985

9

rep

14, 1960

10,11,13

am

31, 1980;   9, 1985

13A

ad

  6, 1981

Heading

ad

   4, 1995

13A(1)

am

   4, 1995

13A(2)

rs

   4, 1995

 

© Norfolk Island Government 2013

The Copyright Act 1968 of the Commonwealth of Australia permits certain reproduction and publication of this legislation. For reproduction or publication beyond that permitted by the Act, written permission must be sought from the Legislative Counsel, Administration of Norfolk Island, Norfolk Island, South Pacific 2899.