Terrorism (Police Powers) Act 2005

This Act may be cited as the Terrorism (Police

Powers) Act 2005.

In this Act—

Commissioner of Police includes a person appointed as acting Commissioner of Police;

Deputy Commissioner of Police includes a person appointed as acting Deputy Commissioner of Police;

in or about to enter a vehicle—see subsection (2);

investigative authorisation—see section 3(2);

Police Minister means the Minister administering the Police

Act 1998;

police officer means—

a police officer; or

a person appointed as a recognised law enforcement officer under section 20;

premises includes land;

preventative authorisation—see section 3(1);

relevant authority—see section 3(3);

relevant judicial officer means—

a Judge of the Supreme Court; or

a Judge of the District Court;

special area means the site or area specified in a special area declaration;

special area declaration means a special area declaration issued under Part 2Division 3;

special event means a community, cultural, arts, entertainment, recreational, sporting or other similar event that is to be held over a limited period of time;

special powers authorisation means a special powers authorisation issued under

Part 2Division 1;

target of an authorisation—see section 5(2);

terrorist act has the same meaning as in Part

5.3 of the Criminal Code of the Commonwealth, except that it does not include a terrorist act comprised of a threat;

terrorist act declaration—see section 27A;

vehicle means anything designed to transport a person or goods by road, rail, air or water.

In this Act, a reference to a person or thing in a vehicle includes a reference to a person or thing on a vehicle and a reference to a person about to enter a vehicle includes a reference to a person about to be on a vehicle.

The relevant authority may issue a special powers authorisation (a

preventative authorisation) if there are reasonable grounds to believe—

that a terrorist act is imminent, whether in or outside this State;

and

that the exercise of powers under this Act will substantially assist in the prevention of the terrorist act.

The relevant authority may issue a special powers authorisation (an

investigative authorisation) if there are reasonable grounds to believe—

that a terrorist act is being or has been committed, whether in or outside this State; and

that the exercise of powers under this Act will substantially assist in the investigation of the terrorist act.

The relevant authority is—

the Commissioner of Police; or

if the Commissioner of Police is unavailable to issue an authorisation, the Deputy Commissioner of Police; or

if the Commissioner of Police and the Deputy Commissioner of Police are both unavailable to issue an authorisation, an Assistant Commissioner of

Police; or

if the Commissioner of Police, the Deputy Commissioner of Police and all Assistant Commissioners of Police are unavailable to issue an authorisation, a police officer above the rank of superintendent.

A special powers authorisation may be issued orally in urgent circumstances, but if issued orally, must be confirmed in writing as soon as practicable after its issue.

The relevant authority must not issue a special powers authorisation unless both the Police Minister and a relevant judicial officer have confirmed that the relevant authority has proper grounds for issuing the authorisation under subsection (1) or subsection (2), as the case may be.

However, the relevant authority may issue a special powers authorisation without the confirmation required under subsection (5) if satisfied that it is necessary to do so because of the urgency of the circumstances, but, in that event—

the relevant authority must seek confirmation, as soon as possible, of the Police Minister and a relevant judicial officer that the relevant authority had proper grounds for issuing the authorisation; and

the authorisation ceases to operate if the Police Minister or relevant judicial officer refuses to confirm that the relevant authority had proper grounds for issuing the authorisation.

A special powers authorisation commences to operate when it is issued.

A special powers authorisation ceases to operate at the time specified in the authorisation (unless it ceases to operate at an earlier time under section 3 or 6).

The period for which an authorisation operates must not exceed—

in the case of a preventative authorisation—7 days;

in the case of an investigative authorisation—24 hours.

A further special powers authorisation may be issued in relation to the same terrorist act in order to extend the period of operation of an earlier authorisation, but only so that the total period of operation of the authorisations does not exceed—

in the case of preventative authorisations—14 days;

in the case of investigative authorisations—48 hours.

A special powers authorisation must—

state that it is issued under this Act; and

state whether it is a preventative authorisation or an investigative authorisation; and

state whether it has been confirmed by the Police Minister and a relevant judicial officer; and

state the date and time it is issued; and

state the date and time it will cease to operate; and

describe the general nature of the terrorist act to which it applies; and

name or describe (if appropriate by using a picture, map or other visual depiction) 1 or more of the following:

an area of the State in which the powers conferred by this Act may be exercised;

a person sought in connection with the terrorist act;

a vehicle sought in connection with the terrorist act.

The person, vehicle or area is referred to in this Act as the

target of the authorisation.

An area that is the target of an authorisation must not be larger than is reasonably necessary for the prevention or investigation of the terrorist act.

A special powers authorisation may be revoked by the relevant authority who issued it or a police officer of a more senior rank.

The Commissioner of Police must revoke a special powers authorisation if directed to do so by the Police

Minister.

The cessation of operation of a special powers authorisation (by revocation or otherwise) does not affect anything lawfully done in reliance on the authorisation before it ceased to operate.

A special powers authorisation authorises any police officer, with such assistants as the police officer considers necessary, to exercise the powers conferred by this Division for the purposes of—

in the case of a preventative authorisation—preventing the terrorist act described in the authorisation; and

in any case—investigating the terrorist act described in the authorisation.

A police officer may exercise a power conferred by this Division without being in possession of a copy of the special powers authorisation and without any other warrant.

A police officer may require a person to disclose his or her identity if the officer suspects on reasonable grounds that the person—

is the target of an authorisation; or

is, in suspicious circumstances, in the company of a person who is the target of an authorisation; or

is about to enter, is in, or has recently left, a vehicle that is the target of an authorisation; or

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

A police officer may require a person who is required under this section to disclose his or her identity to provide proof of his or her identity.

A police officer may stop and search a person, and anything in the possession of or under the control of the person, if the officer suspects on reasonable grounds that the person—

is the target of an authorisation; or

is, in suspicious circumstances, in the company of a person who is the target of an authorisation; or

is about to enter, is in, or has recently left, a vehicle that is the target of an authorisation; or

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

Schedule 1 applies to a search conducted under this section.

Section 81 of the Summary

Offences Act 1953 and regulations made under that section apply to a videotape recording made under Schedule

1 as if the recording had been made under that section.

A police officer may detain a person for as long as is reasonably necessary to conduct a search under this section.

A police officer may stop and search a vehicle, and anything in the vehicle, if the officer suspects on reasonable grounds that—

the vehicle is the target of an authorisation; or

a person who is about to enter, is in, or has recently left, the vehicle is the target of an authorisation; or

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

A police officer may detain a vehicle for so long as is reasonably necessary to conduct a search under this section.

A police officer may detain a person who is in a vehicle stopped under this section for as long as is reasonably necessary to conduct a search under this section.

A police officer may enter and search premises in an area that is the target of an authorisation.

A police officer may enter and search any premises for a person or vehicle that is the target of an authorisation if the officer suspects on reasonable grounds that the person or vehicle is on the premises.

A police officer may detain a person who is on premises entered under this section for as long as is reasonably necessary to conduct a search of the premises.

A police officer may cordon off an area that is the target of an authorisation or any part of it.

If an area is cordoned off—

the cordon may include any form of physical barrier, including a roadblock on any road in, or in the vicinity of, the target area;

and

reasonable steps must be taken to ensure that the existence of the cordon is apparent to persons approaching the cordon; and

a police officer must remain near the cordoned off area.

A police officer may—

require a person not to enter, to leave, or to remain in, an area that is the target of an authorisation or an area that is cordoned off;

require a person in charge of a vehicle not to take the vehicle into, to remove the vehicle from, or not to remove the vehicle from, an area that is the target of an authorisation or an area that is cordoned off.