Terrorism (Extraordinary Powers) Act 2005

Subject to subsection (2), this Act comes into operation on the 28^th day after the day on which it receives the Royal Assent.

Part 3 comes into operation on a day to be fixed by proclamation.

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;

to do a terrorist act; or

in preparing to do a terrorist act;

In this section —

In this Act terrorist act means an act that —

is an act that falls within subsection (3) but not within subsection (4);

is done with the intention of advancing a political, religious or ideological cause; and

is done with the intention of —

coercing, or influencing by intimidation, the government of, or of a part of, any jurisdiction; or

intimidating the public, or a section of the public, of any jurisdiction.

An act falls within this subsection if it —

causes a person’s death;

causes serious physical harm to a person;

endangers a person’s life, other than the life of the person doing the act;

creates a serious risk to the health or safety of the public;

causes serious damage to property; or

seriously interferes with, seriously disrupts, or destroys, an electronic system including, but not limited to —

an information system;

a telecommunications system;

a financial system;

a system used for the delivery of essential government services;

a system used for, or by, an essential public utility;

a system used for, or by, a transport system.

An act falls within this subsection if it —

is advocacy, protest, dissent or industrial action; and

is not intended —

to cause a person’s death;

to cause serious physical harm to a person;

to endanger a person’s life, other than the life of the person doing the act;

to create a serious risk to the health or safety of the public.

The Commissioner may issue a warrant that authorises police officers to exercise the powers in Division 3.

The Commissioner must not issue such a warrant unless he or she is satisfied there are reasonable grounds to suspect —

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

that the exercise of the powers in Division 3 will substantially assist in achieving one or more of these purposes —

to prevent the terrorist act;

to minimise the risk to the safety or health of the public, or any section of the public, in this State arising from the act;

to find a person in this State who is or may be connected with the terrorist act;

to find a vehicle in this State that is or may be connected with the terrorist act;

to carry out investigations in this State into the terrorist act, and obtain evidence in this State relevant to the terrorist act.

The Commissioner must not issue such a warrant without the prior approval of a judge but, if there is an urgent need to issue it and a judge cannot be contacted to request approval, may issue it without such approval.

If the Commissioner issues such a warrant without the prior approval of a judge, the warrant ceases to have effect if —

a judge subsequently refuses to approve its issue; or

a judge does not approve its issue within 24 hours after its issue,

As soon as practicable after the Commissioner issues such a warrant, he or she must give a written report to the Minister that —

states the terms of the warrant;

describes generally the grounds for, and the information relied on when, issuing the warrant; and

states for how long the warrant has effect.

A judge who refuses to approve the issue of a warrant must give the Commissioner written reasons for the refusal.

A Commissioner’s warrant must be in writing but, if it is not practicable to issue it in writing because of an urgent need to issue it —

it may be issued orally with details recorded contemporaneously; and

if it is issued orally, it must be put in writing as soon as practicable after it is issued and in any event within 6 hours.

A Commissioner’s warrant —

must be directed to all police officers;

must state that it is issued under this Act;

must describe the general nature of the terrorist act in respect of which it is issued;

must name or describe (if necessary by using a picture or other visual depiction) one or more of the following —

an area of the State in which the powers in Division 3 may be exercised (the target area);

a person sought (the target person) in connection with the terrorist act;

a vehicle sought (the target vehicle) in connection with the terrorist act;

must state the date and time it is issued;

must state whether it has been approved by a judge;

must state the date and time when it will, unless before then it ceases to have effect under section 7(4) or is cancelled under section 9, cease to have effect; and

subject to subsection (1), must be signed by the Commissioner.

An area of the State stated under subsection (2)(d)(i) must not be larger than is reasonably necessary to allow the purposes for which the Commissioner’s warrant is issued to be achieved effectively.

The date and time stated under subsection (2)(g) must not be more than 7 days after the date on which the warrant is issued.

A Commissioner’s warrant has effect until the date and time stated in it or until it ceases to have effect under section 7(4), or until it is cancelled under this section, whichever happens first.

The Commissioner may cancel a Commissioner’s warrant at any time.

The life of a Commissioner’s warrant cannot be extended but, subject to this Division, the Commissioner may issue a further warrant that has effect immediately a previously issued warrant ceases to have effect.

While a Commissioner’s warrant has effect, the powers in this Division may be exercised by any police officer in respect of the matters set out in the Commissioner’s warrant.

A police officer may exercise those powers —

without any other warrant; and

even if he or she is not in possession of the Commissioner’s warrant or a copy of it.

Schedule 1 applies in relation to exercising any power in this Division.

Before or when or as soon as practicable after exercising a power in this Division in relation to a person, a police officer must tell the person the reason for exercising the power.

A person in relation to whom a police officer is about to exercise or is exercising a power in this Division may request the officer to identify himself or herself.

A police officer requested by a person to identify himself or herself must —

give the person the officer’s surname and rank; and

if the officer is not in uniform, show the person evidence that the officer is a police officer.

Subsections (5) and (6) do not affect the operation of the Criminal Investigation (Identifying People) Act 2002 section 16.

A police officer may order a person who the officer reasonably suspects is about to enter a target area not to enter the target area.

A police officer may order the person in charge of a vehicle that the officer reasonably suspects is about to enter a target area not to take the vehicle into the target area.

A police officer may order a person who the officer reasonably suspects is in a target area either —

to leave the target area; or

to remain in the target area.

If a police officer reasonably suspects that a vehicle is in a target area, the officer may —

order the person in charge of the vehicle either —

to remove it from the target area; or

not to remove it from the target area;

move the vehicle from the target area.

This section must be read as one with the Criminal Investigation (Identifying People) Act 2002.

In this section, a term that is not defined in this Act has the meaning given to it by the Criminal Investigation (Identifying People) Act 2002.

If a police officer reasonably suspects that a person whose personal details are unknown to the officer —

is about to enter, is in, or has recently left, a target area;

is a target person;

is in the company of a target person in suspicious circumstances; or

is in a target vehicle,

The Criminal Investigation (Identifying People) Act 2002 section 16, with any necessary changes, applies to and in respect of the exercise of the powers in subsection (3) as if the power were conferred by that Act.