Terrorism (Community Protection) Act 2003

The Governor in Council may, on the recommendation of the relevant Minister made with the approval of the Premier and in accordance with the advice of the Chief Commissioner, by Order published in the Government Gazette give an authorisation for the exercise of special powers conferred by this Part.

The relevant Minister may only recommend the making of an Order under subsection (1) if satisfied that—

a part of the essential service is located in a particular area; and

that part is a key part of the essential service; and

the making of the Order is reasonably necessary—

to protect that part from a terrorist act; or

to mitigate the effects of a terrorist act on the essential service or on persons in the vicinity of the area; or

for the recovery of the essential service from a terrorist act.

An Order under subsection (1) must—

state that the effect of the Order is to give an authorisation under this Part; and

describe the area targeted by the authorisation and name or describe any person or vehicle targeted by it; and

specify which of the special powers under Division 3 may be exercised; and

specify the period or periods during which the authorisation has effect.

In this section—