NSW Police Powers to Use Hand-Held Scanners in Designated Areas

Law Enforcement (Powers and Responsibilities) and Other Legislation Amendment (Knife Crime) Bill 2024

6 Aug 2024: Passed by Parliament and signed off by the governor.

This bill kicks in: TBA

Legislative Assembly

Legislative Council

Assent

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Topics

child safety knife sales police powers public safety public transport security scanning

Introduced by: Michael Daley MP (ALP); The Hon Daniel Mookhey MLC (ALP)

Links to official parliament websites

Official page: progress through parliament

Official page: bill text and explanatory notes

Effects of this bill

If this bill passes, it means that:

Senior police officers can declare public places as designated areas; this includes shopping precincts, sporting venues and transport stations.
Police officers can require people in these areas to stop and submit to a hand-held scanner without a warrant.
Police can use scanners on public transport vehicles within two stops of a designated station.
If a scanner detects metal, police can require a person to produce the object and be scanned again.
Police must use scanners in the least invasive way; they must be the same sex as the person if reasonably practicable.
People who refuse to comply with a scanner request without a reasonable excuse commit an offence.
Fines and jail time increase for selling knives to children under 16.
Selling knives to 16 or 17 year olds becomes a criminal offence.

The Debate

What different members said when this bill was debated:

Tania Mihailuk IND

“I commend the Government for bringing the bill forward. I acknowledge the work of the Beasley family. This morning I listened to Ben Fordham interviewing them on 2GB. They are delighted that the legislation is passing swiftly through Parliament. I acknowledge how difficult this must be for them, given the tragedy that occurred to their family with the loss of their son.”

Official source →

Daniel Mookhey ALP

“Belinda and Brett Beasley’s son Jack was attacked and fatally stabbed by a group of youths during a night out with friends in Surfers Paradise in 2019. He was only 17. In the wake of this shocking tragedy, Belinda and Brett launched the Jack Beasley Foundation. Since then, they have spent years raising awareness of the dangers, repercussions and tragic consequences of knife violence.”

Official source →

News articles and press releases

Law Enforcement (Powers and Responsibilities) and Other Legislation Amendment (Knife Crime) Bill 2024

Mr MICHAEL DALEY, Attorney General — 2024-05-15

The first reform in the bill is the introduction of a legislative scheme into the Law Enforcement (Powers and Responsibilities) Act 2002 [LEPRA] that will permit police, with the proper authority, to stop and scan persons using a handheld metal scanner in designated areas without a warrant. The legislative scheme is based on Jack’s law in Queensland with some differences to better suit New South Wales. Jack’s law was introduced in 2022 and is named after 17‑year‑old Jack Beasley, who was stabbed to death in Surfers Paradise in 2019.