Crimes Act 1914

The Minister may declare, in writing, a Commonwealth place to be a prescribed security zone if he or she considers that a declaration would assist:

in preventing a terrorist act occurring; or

in responding to a terrorist act that has occurred.

In deciding whether to make a declaration under subsection (1) in relation to a Commonwealth place on the ground mentioned in paragraph (1)(a) or (b), the Minister must have regard to:

whether the impact of the declaration on the rights of persons in the Commonwealth place would be:

reasonable; and

proportionate to that ground; and

the appropriate duration of the declaration; and

in the case of a declaration made on the ground mentioned in paragraph (1)(a)—the availability and effectiveness of any powers that:

are conferred by a law of the Commonwealth (other than this Division) or a law of a State or Territory; and

would assist in preventing a terrorist act occurring; and

in the case of a declaration made on the ground mentioned in paragraph (1)(b)—the availability and effectiveness of any powers that:

are conferred by a law of the Commonwealth (other than this Division) or a law of a State or Territory; and

would assist in responding to a terrorist act that has occurred; and

in the case of a declaration that is one of a series of successive declarations under subsection (1) in relation to the Commonwealth place—the impact and proportionality of that series of successive declarations; and

such other matters (if any) as the Minister considers relevant.

A declaration under this section has effect accordingly.

A declaration ceases to have effect:

at the end of 28 days after it is made; or

if a shorter period is specified in the declaration—at the end of the shorter period;

The Minister must revoke a declaration, in writing, if he or she is satisfied that:

in the case of a declaration made on the ground mentioned in paragraph (1)(a)—there is no longer a terrorism threat that justifies the declaration being continued; or

in the case of a declaration made on the ground mentioned in paragraph (1)(b)—the declaration is no longer required.

If a declaration of a Commonwealth place as a prescribed security zone under this section is made or revoked, the Minister must arrange for:

a statement to be prepared that:

states that the declaration has been made or revoked, as the case may be; and

identifies the prescribed security zone; and

the statement to be:

broadcast by a television or radio station so as to be capable of being received within the place; and

published in the Gazette; and

published on the internet.

If a declaration of a Commonwealth place as a prescribed security zone under this section is made at a particular time, the Commissioner must:

as soon as practicable after that time; and

in any event, within 72 hours after that time;

a statement to be prepared that:

states that the declaration has been made; and

identifies the prescribed security zone; and

the statement to be given to:

the Commonwealth Ombudsman; and

the Independent National Security Legislation Monitor; and

the Parliamentary Joint Committee on Intelligence and Security.

If a declaration was made under this section in relation to a Commonwealth place, the Minister must:

give the Parliamentary Joint Committee on Intelligence and Security a written statement setting out the reasons for the making of the declaration; and

do so as soon as practicable after the declaration was made.

A failure to comply with subsection (5) or (5A) does not make the declaration or its revocation ineffective to any extent.

A failure to comply with subsection (5B) does not make the declaration ineffective to any extent.

A declaration or revocation made under this section is not a legislative instrument.