Terrorism (Police Powers) Act 2002

This Act is the Terrorism (Police Powers) Act 2002.

This Act commences on a day or days to be appointed by proclamation.

General In this Act, terrorist act means an action where—

the action falls within subsection (2) and does not fall within subsection (3), and

the action is done with the intention of advancing a political, religious or ideological cause, and

the action is done with the intention of—

coercing, or influencing by intimidation, the government of the Commonwealth or a State, Territory or foreign country, or of part of a State, Territory or foreign country, or

intimidating the public or a section of the public.

Action included Action falls within this subsection if it—

causes serious harm that is physical harm to a person, or

causes serious damage to property, or

causes a person’s death, or

endangers a person’s life, other than the life of the person taking the action, or

creates a serious risk to the health or safety of the public or a section of the public, or

seriously interferes with, seriously disrupts, or destroys, an electronic system including, but not limited to—

an information system, or

a telecommunications system, or

a financial system, or

a system used for the delivery of essential government services, or

a system used for, or by, an essential public utility, or

a system used for, or by, a transport system.

Action excluded Action falls within this subsection if it—

is advocacy, protest, dissent or industrial action, and

is not intended—

to cause serious harm that is physical harm to a person, or

to cause a person’s death, or

to endanger the life of a person, other than the person taking the action, or

to create a serious risk to the health or safety of the public or a section of the public.

Application In this section—

a reference to any person or property is a reference to any person or property wherever situated, within or outside the State (including within or outside Australia), and

a reference to the public includes a reference to the public of another State or Territory or of a country other than Australia.

Note.

The above definition is in the same terms as those used in Part 5.3 of the Commonwealth Criminal Code (as inserted by the Security Legislation Amendment (Terrorism) Act 2002 of the Commonwealth), except that threats of terrorist acts are excluded since it is not necessary to refer to threats in the context in which the expression is used in this Act.

In this Act—

exercise a function includes perform a duty.

function includes a power or duty.

impaired intellectual functioning, in relation to a person, means—

a total or partial loss of the person’s mental functions, or

a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction, or

a disorder, illness or disease that affects the person’s thought processes, perceptions of reality, emotions or judgment, or that results in disturbed behaviour.

occupier of premises includes a person in charge of the premises.

Police Minister means the Minister administering the Police Act 1990.

premises includes a building, structure or place, whether built on or not.

public assembly restriction declaration, for Part 2, Division 3A—see section 23A.

serious indictable offence means an indictable offence that is punishable by imprisonment for life or for a term of 5 years or more.

vehicle includes a vessel or an aircraft.

Note.

The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

(Repealed)

Notes included in this Act do not form part of this Act.

To avoid doubt, functions conferred by this Act in relation to a terrorist act may be exercised whether or not the terrorist act has been, is being, or is likely to be committed in New South Wales.

In this Part—

authorisation means an authorisation given under this Part in accordance with Division 2.

target of an authorisation—see section 7 (2).

For the purposes of this Part—

a person in an area that is the target of an authorisation includes a person who is about to enter the area or who has recently left the area, and

a vehicle in an area that is the target of an authorisation includes a vehicle that is about to enter the area or that has recently left the area.

An authorisation for the exercise of the special powers conferred by this Part may be given in accordance with this Division if the police officer giving the authorisation—

is satisfied that there are reasonable grounds for believing that a terrorist act could occur at some time in the next 14 days, and

is satisfied that the exercise of those powers will substantially assist in preventing the terrorist act.

An authorisation for the exercise of the special powers conferred by this Part may also be given in accordance with this Division if the police officer giving the authorisation—

is satisfied that there are reasonable grounds for believing that a terrorist act has been committed, and

is satisfied that the exercise of those powers will substantially assist in apprehending the persons responsible for committing the terrorist act.

An authorisation may authorise the exercise of the special powers conferred by this Part—

for the purpose of finding a particular person named or described in the authorisation, or

for the purpose of finding a particular vehicle, or a vehicle of a particular kind, described in the authorisation, or

for the purpose of preventing a terrorist act in a particular area described in the authorisation (or apprehending in any such area the persons responsible for committing a terrorist act),

or for any combination of those purposes.

The person, vehicle or area is referred to in this Part as the target of the authorisation.

Without limiting subsection (1) (a), a person may be described by the use of a photograph or drawing.

An authorisation may be given by the Commissioner of Police or by a Deputy Commissioner of Police.

If the Commissioner of Police or a Deputy Commissioner of Police is not able to be contacted when an authorisation is sought as a matter of urgency, a police officer above the rank of superintendent who is able to be contacted may give an authorisation in accordance with this Division.

In giving an authorisation, the Commissioner of Police, Deputy Commissioner of Police or other police officer is to be satisfied that the nature and extent of the powers to be conferred by the authorisation are appropriate to the threatened or suspected terrorist act.

An authorisation may only be given with the concurrence of the Police Minister, except as provided by subsection (2).

An authorisation may be given without the concurrence of the Police Minister if he or she is not able to be contacted at the time it is given.

If the authorisation is given without the concurrence of the Police Minister—

the Police Minister is to be notified of the authorisation as soon as the Police Minister is available to be notified, and

in the case of an authorisation under section 5—the authorisation ceases to have effect if the Police Minister has not confirmed the authorisation within 48 hours after the authorisation was given.

Note.

The Police Minister may at any time direct that an authorisation be revoked—see section 12 (1).

An authorisation may be given orally or by instrument in writing.

If the authorisation is given orally, it must be confirmed by instrument in writing as soon as it is reasonably practicable to do so.

An authorisation must—

state that it is given under this Part, and

describe the general nature of the threatened terrorist act or suspected terrorist act to which it applies, and

name or describe the person, vehicle or area targeted by the authorisation, and

specify the time it ceases to have effect.