Police Powers (Public Safety) Act 2005

Police Powers (Public Safety) Act 2005

This Act may be cited as the Police Powers (Public Safety) Act 2005.

This Act commences on a day to be proclaimed.

In this Act, unless the contrary intention appears – authorisation means an authorisation issued by the Commissioner of Police or the Supreme Court under Division 1 of Part 2;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; designated area means an area described as such in an authorisation; designated person means a person described as such in an authorisation; designated vehicle means a vehicle described as such in an authorisation; essential service means any of the following services:transport; fuel; light; power; water; sewerage; any other prescribed service (whether or not of a type similar to the services included in paragraphs (a) to (f)); premises includes – land and a structure, building, caravan, vehicle or vessel, whether temporary or not and whether under construction or not; and a place, whether enclosed or built on or not and whether on, within, over or under land or water; and a part of premises, including premises referred to in paragraph (a) or (b); record means any record of information, irrespective of how the information is recorded or stored or able to be recovered, and includes – any thing from which images, sounds or writings can be reproduced, with or without the aid of anything else; and any thing on which information is recorded or stored, whether electronically, magnetically, mechanically or by some other means; serious indictable offence means an indictable offence the penalty for which, specified by a written law, is or includes imprisonment for a term of 5 years or more or for life; special site or area means – the site of an airport, bus or coach station or interchange, train station or ship or ferry terminal; or an area where persons gather in large numbers; or part of an essential service located in a particular area; terrorist act has the same meaning as in Part 5.3 of the Commonwealth Criminal Code; vehicle means any thing capable of transporting people or things by air, road, rail or water, regardless of how the thing is moved or propelled.

A note in the text of this Act does not form part of this Act.

The Commissioner of Police may, with the written approval of the Premier, authorise the exercise of the powers under Division 2 if the Commissioner is satisfied – that an event is taking place in Tasmania or is likely to take place in Tasmania in the near future; and that the event involves, or is likely to involve, the attendance of prominent persons or of a large number of people; and on reasonable grounds that the event because of its nature might be at risk of a terrorist act; and that the giving of an authorisation designating – the area in which the event is taking place or is likely to take place; or any other area in which an activity connected with the event is taking place or is likely to take place – is necessary to ensure the safety of persons attending the event from a terrorist act.

An authorisation must – state that it is given under this Act; and describe the general nature of the event to which it applies; and describe any area, person or vehicle designated by the authorisation; and specify the date on which and time at which it begins to have effect; and specify the date on which and time at which it ceases to have effect, not being later than 24 hours after the scheduled completion time of the event.

The Commissioner of Police may, with the approval in writing of the Premier, apply to the Supreme Court for an order authorising the exercise of powers under Division 3 in relation to an event referred to in section 5.

An application under subsection (1) must – be made in writing; and describe the event in respect of which the application is being made; and set out the facts and other grounds on which the Commissioner of Police considers that there are reasonable grounds for suspecting that the event might be the subject of a terrorist act; and explain why the giving of an authorisation to exercise powers under Division 3 in relation to the designated area is necessary to ensure the safety of persons attending the event from a terrorist act; and specify the powers under Division 3 that, in the opinion of the Commissioner of Police, are reasonably necessary to ensure the safety of any person or persons attending the event; and describe any area, person or vehicle that is to be designated by an authorisation.

The information in the application must be sworn by the Commissioner of Police.

The Supreme Court may require the Commissioner of Police to provide any additional information that the Court requires in relation to the application.

The Supreme Court may, by order, give an authorisation for the exercise of powers under Division 3 if satisfied, on reasonable grounds, that the granting of the authorisation is reasonably necessary to ensure the safety of persons attending the event.

An authorisation must – state that it is given under this Act; and describe the general nature of the event to which it applies; and describe any area, person or vehicle designated by the authorisation; and specify which of the powers under Division 3 may be exercised; and specify the date on which and time at which it begins to have effect; and specify the date on which and time at which it ceases to have effect, not being later than 24 hours after the scheduled completion time of the event.

If, on an application under subsection (1) the Supreme Court considers it desirable to do so, it may make an interim order giving an authorisation pending the hearing and final determination of the application.

If the Supreme Court makes an interim order, it must specify a day on which, and time at which, the hearing of the application is to be resumed.

On finally determining an application following the making of an interim order, the Supreme Court may – confirm the order without variation or vary – the additional powers that may be exercised; or the time or date when the order ceases to have effect; or revoke the order if not satisfied as mentioned in subsection (5).

The Commissioner of Police may, with the written approval of the Premier, authorise the exercise of the powers under Division 2 if the Commissioner is satisfied – on reasonable grounds that a special site or area might be at risk of a terrorist act; and that the giving of an authorisation designating the special site or area is necessary – to assist in protecting the site or area, or part of the site or area, or persons in the vicinity of the site or area from a terrorist act; or to mitigate the effects of a terrorist act on the site or area, or part of the site or area, or on persons in the vicinity of the site or area; or for the recovery of the site or area, or part of the site or area, from the effects of a terrorist act.

An authorisation must – state that it is given under this Act; and describe any special site or area, person or vehicle designated by the authorisation; and specify the date on which and time at which it begins to have effect; and specify the date on which and time at which it ceases to have effect.

The Commissioner of Police may, with the written approval of the Premier, apply to the Supreme Court for an order authorising the exercise of powers under Division 3 in relation to a special site or area designated by an authorisation under section 7.

An application under subsection (1) must – be made in writing; and describe the special site or area, person or vehicle and define the boundaries of the special site or area in respect of which the application is being made; and set out the facts and other grounds on which the Commissioner of Police considers that there are reasonable grounds for suspecting that the special site or area might be the subject of a terrorist act; and explain why the giving of an authorisation to exercise powers under Division 3 in relation to the special site or area is necessary to protect the special site or area from a terrorist act; and specify the powers under Division 3 that, in the opinion of the Commissioner of Police, are reasonably necessary – to assist in protecting the special site or area, or part of the site or area, or persons in the vicinity of the site or area from a terrorist act; or to mitigate the effects of a terrorist act on the special site or area, or part of the site or area, or on persons in the vicinity of the site or area; or for the recovery of the special site or area, or part of the site or area from the effects of a terrorist act.

The information in the application must be sworn by the Commissioner of Police.

The Supreme Court may require the Commissioner of Police to provide any additional information that the Court requires in relation to the application.

The Supreme Court may, by order, give an authorisation for the exercise of powers under Division 3 if satisfied on reasonable grounds, that the granting of the authorisation is reasonably necessary – to assist in protecting the special site or area, or part of the site or area, or persons in the vicinity of the site or area from a terrorist act; or to mitigate the effects of a terrorist act on the special site or area, or part of the site or area, or on persons in the vicinity of the site or area; or for the recovery of the special site or area, or part of the site or area from the effects of a terrorist act.

An authorisation must – state that it is given under this Act; and describe any special site or area, person or vehicle designated by the authorisation; and specify which of the powers under Division 3 may be exercised; and specify the date on which and time at which it begins to have effect; and specify the date on which and time at which it ceases to have effect.

If on an application under subsection (1) the Supreme Court considers it desirable to do so, it may make an interim order giving an authorisation pending the hearing and final determination of the application.

If the Supreme Court makes an interim order, it must specify a day on which, and time at which, the hearing of the application is to be resumed.

On finally determining an application following the making of an interim order, the Supreme Court may – confirm the order without variation or vary – the powers that may be exercised; or the time or date when the order ceases to have effect; or revoke the order if not satisfied as mentioned in subsection (5).

An interim authorisation for the exercise of powers under Divisions 2 and 3 may be given by the Commissioner of Police, with the written approval of the Premier, if the Commissioner of Police – is satisfied on reasonable grounds that a terrorist act is occurring or that there is a threat of a terrorist act occurring within the next 14 days; and is satisfied that the exercise of those powers will substantially assist in – preventing the terrorist act; or reducing the impact of the terrorist act, or of the threat of a terrorist act, on the health or safety of the public or on property.

The Commissioner of Police must, if he or she considers that an authorisation to exercise powers under Division 3 should have effect for a period in excess of 72 hours, make an application to the Supreme Court for an authorisation under this section.

Without an interim authorisation having been given, the Commissioner of Police may, with the written approval of the Premier, make an application to the Supreme Court for an authorisation to exercise powers under Division 3 in relation to a terrorist act that is occurring or the threat of a terrorist act.

An application under subsection (2) or (3) must – be made in writing; and set out the facts and other grounds on which the Commissioner of Police considers that a terrorist act is occurring or that there is a threat of a terrorist act occurring within the next 14 days; and explain how the exercise of powers under Division 3 will substantially assist in – preventing the terrorist act; or reducing the impact of the terrorist act, or of the threat of a terrorist act, on the health or safety of the public or on property.

The information in an application under subsection (2) or (3) must be sworn by the Commissioner of Police.

The Supreme Court may require the Commissioner of Police to provide any additional information that the Court requires in relation to the application.

On an application under subsection (2) or (3), the Supreme Court may, by order – if satisfied, on reasonable grounds, as mentioned in subsection (1)(a) and (b), give an authorisation for the exercise of powers under Division 3 and revoke any interim authorisation given by the Commissioner of Police that has effect; or revoke any interim authorisation which authorises the exercise of powers under Division 3 that has effect if not so satisfied.

The terms of an authorisation given by the Supreme Court may be the same as, or different from, the terms of any interim authorisation given by the Commissioner of Police.

If on an application under subsection (3) the Supreme Court considers it desirable to do so, it may make an interim order giving an authorisation pending the hearing and final determination of the application.

If the Supreme Court makes an interim order, it must specify a day on which, and time at which, the hearing of the application is to be resumed.

On finally determining an application following the making of an interim order, the Supreme Court may – confirm the order with or without variation; or revoke the order if not satisfied as mentioned in subsection (7)(a).

An interim authorisation for the exercise of powers under Divisions 2 and 3 may be given by the Commissioner of Police, with the written approval of the Premier, if the Commissioner of Police – is satisfied that there are reasonable grounds for believing that a terrorist act has occurred or is occurring; and is satisfied that the exercise of those powers will substantially assist in – apprehending persons responsible for the terrorist act; or the investigation of the terrorist act, including the preservation of evidence of, or relating to, the terrorist act; or the necessary recovery process for the community in the aftermath of the terrorist act.

The Commissioner of Police must, if he or she considers that an authorisation to exercise powers under Division 3 should have effect for a period in excess of 72 hours, make an application to the Supreme Court for an authorisation under this section.

Without an interim authorisation having been given, the Commissioner of Police may, with the written approval of the Premier, make an application to the Supreme Court for an authorisation to exercise powers under Division 3 in relation to a terrorist act that has occurred or is occurring.

An application under subsection (2) or (3) must – be made in writing; and set out the facts and other grounds on which the Commissioner of Police considers that a terrorist act has occurred, or is occurring; and explain how the exercise of powers under Division 3 will substantially assist in – apprehending the persons responsible for the terrorist act; or the investigation of the terrorist act, including the preservation of evidence of, or relating to, the terrorist act; or the necessary recovery process for the community in the aftermath of the terrorist act.

The information in an application under subsection (2) or (3) must be sworn by the Commissioner of Police.

The Supreme Court may require the Commissioner of Police to provide any additional information that the Court requires in relation to the application.

On an application under subsection (2) or (3), the Supreme Court may, by order – if satisfied, on reasonable grounds, as mentioned in subsection (1)(a) and (b), give an authorisation for the exercise of powers under Division 3 and revoke any interim authorisation given by the Commissioner of Police that has effect; or revoke any interim authorisation which authorises the exercise of powers under Division 3 that has effect if not so satisfied.

The terms of an authorisation given by the Supreme Court may be the same as, or different from, the terms of any interim authorisation given by the Commissioner of Police.

If on an application under subsection (3) the Supreme Court considers it desirable to do so, it may make an interim order giving an authorisation pending the hearing and final determination of the application.

If the Supreme Court makes an interim order, it must specify a day on which, and time at which, the hearing of the application is to be resumed.

On finally determining an application following the making of an interim order, the Supreme Court may – confirm the order with or without variation; or revoke the order if not satisfied as mentioned in subsection (7)(a).

If – an authorisation is given by the Supreme Court under section 6, 8, 9 or 10; and the authorisation has effect – the Commissioner of Police may, with the written approval of the Premier, apply to the Supreme Court – for an extension, or a further extension, of the period for which the authorisation has effect; or for an order authorising the exercise of powers under Division 3 which were not authorised under an order or a previous extension of an order made under section 6, 8, 9 or 10.

The application must – be made in writing; and set out the facts and other grounds on which the Commissioner of Police considers that the extension, or further extension, is, or powers sought are, reasonably necessary to ensure the achievement of the objective of the authorisation.

The information in the application must be sworn by the Commissioner of Police.

The Supreme Court may, by order, extend or further extend the period for which the authorisation has effect or authorise the powers sought if it is satisfied that the extension, further extension, or authorisation of the powers sought is reasonably necessary to ensure the achievement of the objective of the authorisation.

Except as otherwise provided by this Act, an authorisation may authorise the exercise of powers under Division 2 or 3 in relation to any or all of the following:particular persons named or described in the authorisation; particular vehicles, or vehicles of a particular kind, described in the authorisation; particular areas described in the authorisation.

Without limiting subsection (1)(a), a person may be described by the use of a photograph or drawing.