Terrorism (Extraordinary Powers) Act 2005

The Commissioner may declare that this Part applies to an incident to which police officers are responding if the Commissioner is satisfied there are reasonable grounds to suspect —

that the incident is or is likely to be a terrorist act; and

that planned and coordinated police action is required —

to defend a person threatened by the incident; or

to prevent a person from being detained or end the detention of a person.

The declaration applies to each location at which police officers are responding to the incident.

The Commissioner must notify the police officer in charge of the police officers responding to the declared incident that the declaration has been made.

The Commissioner must notify the Minister of the declaration before, or as soon as practicable after, the declaration is made.