Issue of authorisation
3 Issue of authorisation
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.
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