Section 26 — Terrorism (Police Powers) Act 2002 (New South Wales) — Barrister AI

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Section 26 — Terrorism (Police Powers) Act 2002 (New South Wales) — Barrister AI

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s 1Name of Act s 2Commencement s 3Definition of “terrorist act”s 4Other definitions s 4AExtraterritoriality of terrorist act no barrier s 4BInterpretation s 5Authorisation of special powers to prevent terrorist acts s 6Authorisation of special powers to investigate terrorist act in the immediate period after its occurrence s 7Persons, vehicles or areas targeted by authorisation s 8Who may give an authorisation s 9Ministerial concurrence or confirmation s 10Authorisation may be given orally or in writing s 11Duration of authorisation s 12Revocation of authorisation s 13Authorisation not open to challenge s 14Exercise of special powers conferred by authorisation by police officers s 14APower to give directions to government agencies s 14BReport to be given to Attorney General and Police Minister s 15Purposes for which special powers may be exercised s 16Power to obtain disclosure of identity s 17Power to search persons s 18Power to search vehicles s 19Power to enter and search premises s 19ACordon around target area s 20Power to seize and detain things s 21Use of force generally by police officers s 22Offence to obstruct or hinder search or other powers s 23Statement regarding search s 23ADefinition s 23BSpecial powers to declare restrictions on holding of public assemblies s 23CExtension of public assembly restriction declaration s 23DVariation of public assembly restriction declaration s 23EPublication of public assembly restriction declarations, extensions and variations s 23FMinisterial concurrence or confirmation s 23GRevocation of public assembly restriction declarations s 23HCessation of public assembly restriction declarations s 24Annual reports to be given to Attorney General and Police Minister s 24APolice Commissioner may declare this Part applies to terrorist act to which police are responding s 24BUse of force in relation to declared terrorist act s 25Annual reports to be given to Attorney General and Police Minister s 25AObject of Part s 25BMeaning of “terrorism suspect”s 25CMeaning of “investigative detention”s 25DOther definitions s 25EPower to arrest terrorism suspects for investigative detention s 25FNo investigative detention of person under 14 years of age s 25GQuestioning of terrorism suspects during detention s 25GATaking photographs and video recordings of injury and illness s 25HMaximum period of investigative detention s 25IWarrant to extend initial period of investigative detention s 25JProvisions relating to applications for and issue of detention warrants s 25KPrevention of disclosure of criminal intelligence s 25LMonitoring contact with family members and others (except legal representatives)s 25MProhibited contact direction in detention warrant s 25MAMatters to be explained to terrorism suspect s 25MBSupreme Court may order provision of legal aid s 25MCHumane treatment of terrorism suspect under investigative detention s 25MDContacting lawyer s 25NAdditional safeguards for detained persons s 25OApplication of other legislation s 25PAnnual reports and information to be given to Police Minister and Attorney General s 25QReview of Part s 26 s 26AObject s 26BDefinitions: Part 2A s 26CSenior police officer with functions under preventative detention orders s 26DWhen preventative detention orders may be made s 26ENo preventative detention order in relation to person under 16 years of age s 26FWho may apply for preventative detention orders s 26GApplications for preventative detention orders s 26HSupreme Court may make interim preventative detention order s 26ISupreme Court may make preventative detention order after hearing s 26JTerms of preventative detention orders s 26KMaximum period of detention and multiple preventative detention orders s 26LDuration of preventative detention order s 26MRevocation of preventative detention orders s 26NProhibited contact orders s 26ORules of evidence s 26PClosure of Court and restriction on publication of proceedings s 26PASupreme Court may order provision of legal aid s 26QPower to detain person under preventative detention order s 26RNominated senior police officer to oversee order s 26SEndorsement of order with date and time person taken into custody s 26TPower to require disclosure of identity s 26UPower to enter premises s 26VPower to search persons for seizable items s 26WRelease of person from preventative detention s 26XArrangement for detainee to be held in prison s 26YEffect of interim preventative detention order to be explained to person detained s 26ZEffect of preventative detention order (other than interim order) to be explained to person detained s 26ZACompliance with obligation to inform s 26ZBCopy of preventative detention order and summary of grounds s 26ZCHumane treatment of person being detained s 26ZDRestriction on contact with other people s 26ZEContacting family members etc s 26ZFContacting Law Enforcement Conduct Commission or Ombudsman s 26ZGContacting lawyer s 26ZGAContacting chaplain s 26ZHSpecial contact rules for person under 18 or with impaired intellectual functioning s 26ZIMonitoring contact with family members, lawyers etc under sections 26ZE, 26ZG, 26ZGA and 26ZH s 26ZJEntitlement to contact subject to prohibited contact order s 26ZKQuestioning of person prohibited while person is detained s 26ZLTaking fingerprints, recordings, samples of handwriting or photographs s 26ZLATaking photographs and video recordings of injury and illness s 26ZMUse of identification material s 26ZNAnnual reports to be given to Attorney General and Minister for Police s 26ZOMonitoring by Law Enforcement Conduct Commission s 26ZPCommission functions not affected s 26ZQLaw relating to legal professional privilege not affected s 26ZRLegal proceedings in relation to preventative detention orders s 26ZSSunset provision s 27ADefinitions s 27BEligible Judges s 27CAuthorisation to apply for covert search warrant s 27DWho may be authorised to apply for a covert search warrant s 27EDelegation of Commissioner of Police’s power to give authorisation s 27F(Repealed)s 27GPower to apply for covert search warrant s 27HApplication for warrant in person s 27ITelephone warrant s 27JInformation in application for warrant s 27KDetermining application for covert search warrant s 27LRecord of determination by eligible Judge s 27MFurther application for warrant after refusal s 27NContents of covert search warrant s 27OPowers conferred by covert search warrant s 27OAOperation of electronic and other equipment at premises and removal of things from premises for examination s 27OBAccess to and downloading of data from computers (including access to computers outside premises the subject of a warrant)s 27PUse of assistants to execute warrant s 27QExpiry of covert search warrant s 27RReturn or retrieval of a thing seized or placed s 27SReport to eligible Judge on execution of warrant s 27TDefects in covert search warrants s 27UNotice to occupiers of execution of covert search warrant s 27VNotice to adjoining occupiers of execution of covert search warrant s 27W(Repealed)s 27XDeath or absence of eligible Judge who issued covert search warrant s 27YApplications to be dealt with in absence of public s 27ZFalse or misleading information in applications or reports to eligible Judge s 27ZAPublication of documents s 27ZBAnnual reports to be given to Attorney General and Police Minister s 27ZCMonitoring by Law Enforcement Conduct Commission s 27Return of seized things s 28Disposal of property on application to court s 29Protection of police acting in execution of Part 2 authorisation s 29AMinisterial arrangements for things seized in connection with extra-territorial offences s 30Relationship with other Acts s 30AICAC and LECC assistance on terrorism investigation s 31Act to bind Crown s 32Regulations s 33Onus of proof of reasonable excuse s 34Proceedings for offences s 35Savings and transitional provisions s 36Review of Act s 36AReview of Part 2, Division 3A s 1Regulations s 2Covert search warrants s 3Public assembly restriction declarations

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26

(Renumbered as section 14B)

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