Police and Metal Scanners (NSW)
During 2024, legislation came into effect in New South Wales empowering police to scan persons using hand-held metal detectors in designated areas. The laws were introduced in a bid to combat knife crime and improve public safety. This page outlines how and where the police may use metal scanners in New South Wales.
Legislation
The powers are contained in Part 4A of the Law Enforcement (Powers and Responsibilities) Act 2002.
Designated areas
Under section 45F, a senior police officer may declare certain places to be designated areas if, in the last 12 months any of the following have occurred there:
- an offence committed by a person armed with a weapon
- a serious indictable offence involving violence against a person
- more than one offence of possessing a knife or prohibited weapon.
A senior officer may make this declaration if they consider that the use of hand-held scanners in the area may be effective in detecting or deterring offences involving weapons, and the officer has considered the impact of the use of handheld scanners on awful activity in the area, and whether weapons were found in the area during any previous period when it was a designated area.
The following places can be made designated areas:
- Public transport stations
- Shopping precincts
- Sporting venues
- Any other public place prescribed by legislation.
When a place is declared a designated area, it remains a designated area for 12 hours.
Use of metal scanners in designated areas
Under section 45K, police may, without a warrant, require a person to stop and submit to scanning with a handheld metal detector in a designated area. If the scanner indicates the presence of metal, the police may require the person to remove the object that is setting off the scanner and resubmit to the scan. If the item is a knife or other weapon, the police may confiscate it.
It is a criminal offence to fail to submit to scanning.
When police are conducting a scan, they must do it in the least invasive way practical. Where possible, the officer who conducts the scan should be the same gender as the person being scanned, and the person should only be detained for as long as it takes to scan them.
The officer should provide their name and police station. If they are not in uniform, they should show proof that they are a police officer.
Will I be charged with an offence?
If you are found in possession of a knife or other weapon you may be charged with an offence. Alternately, police may issue you with an on-the-spot fine.
Offences involving the possession of weapons include:
- Possession of a prohibited weapon (Weapons Prohibition Act 1988, section 7)
- Being armed with intent to commit an offence (Crimes Act 1900, section 114)
- Possessing an offensive implement (Summary Offences Act 1988, section 11B)
Interviews
If you are stopped and asked to submit to a scan, you do not have to provide your name and you do not have to answer any questions.
If the police find something that may constitute an offence, they will ask you for your name and address and you must provide those details. You do not have to answer any other questions.
If the police suspect you have committed an offence, they may ask you to take part in an interview. You do not have to agree to participate and should remember that any responses you give may be used as evidence against you.
If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.