Terrorism (Extraordinary Powers) Act 2005

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.