NSW Legislative Summary 2017: Police Powers, Consumer Law, Revenge Pornography and Compensation

Thursday 18 January 2018 @ 9.50 a.m. | Crime | Legal Research | Trade & Commerce

In 2017, the NSW Parliament passed 69 Acts. These Acts spanned a number of areas, with particular areas of focus including crime, terrorism offences and police powers, consumer law, and compensation and insurance schemes.

Police Powers

The Terrorism Legislation Amendment (Police Powers and Parole) Act 2017 (NSW) was passed in response to the coronial inquest of the 2014 siege at the Lindt Café. This Act authorises the use of force by police, including lethal force, in situations deemed reasonably necessary in circumstances of ongoing terrorist acts. For more information on this Act, read TimeBase’s earlier article.

The Terrorism (High Risk Offenders) Act 2017 (NSW) established procedures to continue to keep offenders in imprisonment, if they are deemed to pose an unacceptable risk of committing serious terrorism offences after they have finished their sentences. The Act therefore allows the Supreme Court to make orders to that effect. For more information on the background to this Act, read TimeBase’s earlier article

The Sydney Public Reserves (Public Safety) Act 2017 (NSW) authorises police to move homeless people away from the Martin Place Reserve, and other declared public reserves within the City of Sydney.

Consumer Protections

To address the issue of ticket scalping and expiry on gift cards, the Fair Trading Amendment (Ticket Scalping and Gift Cards) Act 2017 (NSW) was passed. The Act sets a cap on the resale mark-up of tickets at 10 percent. It also banned the use of bots in ticket sales, and prohibits the sale of a gift card that expires before three years has elapsed.  For more information on this Act, read TimeBase’s article on the bill

Crime

The NSW Parliament addressed the issue of revenge pornography by passing the Crimes Amendment (Intimate Images) Act 2017 (NSW). This Act created offences related to non-consensual recording, photographing, and distribution of pornographic images. Importantly, the Act includes provisions relating to the distribution of digitally altered images. For more information on this Act’s background and provisions, see TimeBase’s earlier article.

Insurance and Compensation

The Fire and Emergency Services Levy Act 2017(NSW) established a fire and emergency services levy in replacement of the emergency services insurance contribution scheme.

The Motor Accident Injuries Act 2017 (NSW) established a new scheme for compulsory third-party insurance for motor vehicle drivers.

The Coal Mine Subsidence Compensation Act 2017 (NSW) created a scheme for compensation for damage caused by subsidence from working in the coal mining industry. 

TimeBase is an independent, privately owned Australian legal publisher specialising in the online delivery of accurate, comprehensive and innovative legislation research tools including LawOne and unique Point-in-Time Products. Nothing on this website should be construed as legal advice and does not substitute for the advice of competent legal counsel.

Sources:

Coal Mine Subsidence Compensation Act 2017 (NSW), available from TimeBase's LawOne service.

Crimes Amendment (Intimate Images) Act 2017 (NSW), available from TimeBase's LawOne service.

Fair Trading Amendment (Ticket Scalping and Gift Cards) Act 2017 (NSW), available from TimeBase's LawOne service.

Fire and Emergency Services Levy Act 2017(NSW), available from TimeBase's LawOne service.

Motor Accident Injuries Act 2017 (NSW), available from TimeBase's LawOne service.

Sydney Public Reserves (Public Safety) Act 2017 (NSW), available from TimeBase's LawOne service.

Terrorism (High Risk Offenders) Bill 2017 (NSW), available from TimeBase's LawOne service.

Terrorism Legislation Amendment (Police Powers and Parole) Act 2017 (NSW), available from TimeBase's LawOne service.

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