Terrorism intelligence and terrorism notifications
74B Terrorism intelligence and terrorism notifications
The regulations may designate a law enforcement authority, or any other authority, as a terrorism intelligence authority.
Information may be classified by a terrorism intelligence authority as terrorism intelligence in accordance with procedures prescribed by the regulations.
In any proceedings before a court, the court—
must, on the application of a terrorism intelligence authority, take steps to maintain the confidentiality of information properly classified by the authority as terrorism intelligence, including steps to receive evidence and hear argument about the information in private in the absence of the parties to the proceedings and their representatives; and
may take evidence consisting of or relating to information so classified by the terrorism intelligence authority by way of affidavit of a police officer of or above the rank of superintendent or another person authorised by the terrorism intelligence authority.
A Minister may enter into an agreement with 1 or more other
Australian jurisdictions for the provision, by a terrorism intelligence authority, of notifications relating to persons suspected of terrorist offences, or of supporting or otherwise being involved in terrorist offences, or of associating or being affiliated with such persons.
If an agreement is entered into by a Minister under subsection (4), the Minister who entered into the agreement must ensure that information relating to the agreement (including information about the criteria on which terrorism notifications will be provided by a terrorism intelligence authority) is provided, as soon as practicable, to the Crime and Public Integrity Policy Committee of the
Parliament.
A police officer of or above the rank of inspector may, in accordance with guidelines issued by the Commissioner, provide a notification relating to persons suspected of terrorist offences, or of supporting or otherwise being involved in terrorist offences, or of associating or being affiliated with such persons.
If the Commissioner issues guidelines under subsection (6), the Commissioner must ensure that information relating to the guidelines (including information about the criteria on which terrorism notifications will be provided by a police officer, the manner in which such terrorism notifications will be provided and the records that are to be kept in relation to each notification) is provided, as soon as practicable, to the Crime and Public Integrity Policy Committee of the
Parliament.
Information provided to the Crime and Public Integrity Policy
Committee of the Parliament must not include any information classified as terrorism intelligence by a terrorism intelligence authority.
In any proceedings, a certificate apparently signed by the
Commissioner certifying that, on a date specified in the certificate, a person specified in the certificate was the subject of a terrorism notification is proof, in the absence of evidence to the contrary, of the matter so certified.
The regulations may make other necessary or expedient provisions relating to the operations of a terrorism intelligence authority in the State including (without limitation)—
provisions specifying the manner in which determinations may be made by a terrorism intelligence authority for the purposes of any law of the
State;
provisions relating to the manner in which a terrorism intelligence authority may participate in any proceedings in the State;
provisions relating to record keeping and reporting;
evidentiary provisions, and such regulations may leave a matter or thing to be determined, dispensed with, regulated or prohibited according to the discretion of a
Minister, the Commissioner or another specified person.
The power to make regulations under this section is in addition to any other power to make regulations under this Act.
In this section—
Commonwealth Criminal Code means the Criminal
Code set out in the Schedule to the Criminal Code
Act 1995 of the Commonwealth, or a law of the
Commonwealth that replaces that Code;
terrorism intelligence means information relating to actual or suspected terrorist acts (whether in this State or elsewhere) the disclosure of which could reasonably be expected to prejudice investigations into such acts, to enable the discovery of the existence or identity of a confidential source of information or to endanger a person's life or physical safety;
terrorism notification means a notification provided by a terrorism intelligence authority under subsection (4) or a notification provided by a police officer of or above the rank of inspector under subsection (6);
terrorist act has the same meaning as in
Part 5.3 of the Commonwealth Criminal Code;
terrorist offence means—
an offence against Division 72 Subdivision A of the
Commonwealth Criminal Code (International terrorist activities using explosive or lethal devices); or
a terrorism offence against Part 5.3 of the Commonwealth
Criminal Code (Terrorism) where the maximum penalty is 7 or more years imprisonment; or
an offence against Part 5.5 of the Commonwealth Criminal
Code (Foreign incursions and recruitment), except an offence against subsection 119.7(2) or (3) (Publishing recruitment advertisements);
or
an offence against the repealed Crimes (Foreign Incursions and Recruitment)
Act 1978 of the Commonwealth, except an offence against paragraph 9(1)(b) or (c) of that Act (Publishing recruitment advertisements); or
an offence of a kind prescribed by the regulations for the purposes of this definition.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.