Terrorism (Extraordinary Powers) Act 2005

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.