Terrorism (Police Powers) Act 2002

If the Commissioner of Police is satisfied that—

an incident to which police officers are responding is or is likely to be a terrorist act, and

planned and coordinated police action is required to defend any persons threatened by the terrorist act or to prevent or terminate their unlawful deprivation of liberty,

A declaration made under this Part applies to each location at which police officers are responding to the incident.

The Commissioner of Police is to notify the police officer in charge of the police officers responding to the terrorist act that a declaration has been made under this Part.

Before or as soon as practicable after a declaration is made under this Part, the Commissioner of Police is to notify the Minister for Police of the declaration.

A Deputy Commissioner of Police may make and notify a declaration under this Part on behalf of the Commissioner of Police if satisfied that the Commissioner is not able to be contacted when a declaration is sought as a matter of urgency.

A declaration may be made under this Part orally or by instrument in writing. If the declaration is made orally, it must be confirmed by instrument in writing as soon as it is reasonably practicable to do so.

The Commissioner of Police may at any time revoke a declaration made under this Part, and must do so if no further police response is required at the location concerned. The Commissioner or a Deputy Commissioner of Police may revoke a declaration made by the Deputy Commissioner on behalf of the Commissioner.