TERRORISM (POLICE POWERS) ACT 2002 - As at 30 October 2023 - Act 115 of 2002
- As at 30 October 2023 - Act 115 of 2002Table of Provisions
PART 1 - PRELIMINARY
- 1 Name of Act
- 2 Commencement
- 3 Definition of "terrorist act"
- 4 Other definitions
- 4A Extraterritoriality of terrorist act no barrier
PART 2 - SPECIAL POWERS
Division 1 - Preliminary
- 4B Interpretation
Division 2 - Authorisation to exercise special powers
- 5 Authorisation of special powers to prevent terrorist acts
- 6 Authorisation of special powers to investigate terrorist act in the immediate period after its occurrence
- 7 Persons, vehicles or areas targeted by authorisation
- 8 Who may give an authorisation
- 9 Ministerial concurrence or confirmation
- 10 Authorisation may be given orally or in writing
- 11 Duration of authorisation
- 12 Revocation of authorisation
- 13 Authorisation not open to challenge
- 14 Exercise of special powers conferred by authorisation by police officers
- 14A Power to give directions to government agencies
- 14B Report to be given to Attorney General and Police Minister
Division 3 - Powers
Note- 15 Purposes for which special powers may be exercised
- 16 Power to obtain disclosure of identity
- 17 Power to search persons
- 18 Power to search vehicles
- 19 Power to enter and search premises
- 19A Cordon around target area
- 20 Power to seize and detain things
- 21 Use of force generally by police officers
- 22 Offence to obstruct or hinder search or other powers
- 23 Statement regarding search
Division 4 - Miscellaneous
- 24 Annual reports to be given to Attorney General and Police Minister
PART 2AAA - POLICE USE OF FORCE--ONGOING TERRORIST ACTS
- 24A Police Commissioner may declare this Part applies to terrorist act to which police are responding
- 24B Use of force in relation to declared terrorist act
- 25 Annual reports to be given to Attorney General and Police Minister
PART 2AA - INVESTIGATIVE DETENTION POWERS
Division 1 - Preliminary
- 25A Object of Part
- 25B Meaning of "terrorism suspect"
- 25C Meaning of "investigative detention"
- 25D Other definitions
Division 2 - Investigative detention powers and detention warrants
- 25E Power to arrest terrorism suspects for investigative detention
- 25F No investigative detention of person under 14 years of age
- 25G Questioning of terrorism suspects during detention
- 25GA Taking photographs and video recordings of injury and illness
- 25H Maximum period of investigative detention
- 25I Warrant to extend initial period of investigative detention
- 25J Provisions relating to applications for and issue of detention warrants
- 25K Prevention of disclosure of criminal intelligence
- 25L Monitoring contact with family members and others (except legal representatives)
- 25M Prohibited contact direction in detention warrant
Division 3 - Safeguards
- 25MA Matters to be explained to terrorism suspect
- 25MB Supreme Court may order provision of legal aid
- 25MC Humane treatment of terrorism suspect under investigative detention
- 25MD Contacting lawyer
- 25N Additional safeguards for detained persons
- 25O Application of other legislation
Division 4 - Miscellaneous
- 25P Annual reports and information to be given to Police Minister and Attorney General
- 25Q Review of Part
- 26 (Renumbered)
PART 2A - PREVENTATIVE DETENTION ORDERS
Division 1 - Preliminary
- 26A Object
- 26B Definitions: Part 2A
- 26C Senior police officer with functions under preventative detention orders
Division 2 - Preventative detention orders
- 26D When preventative detention orders may be made
- 26E No preventative detention order in relation to person under 16 years of age
- 26F Who may apply for preventative detention orders
- 26G Applications for preventative detention orders
- 26H Supreme Court may make interim preventative detention order
- 26I Supreme Court may make preventative detention order after hearing
- 26J Terms of preventative detention orders
- 26K Maximum period of detention and multiple preventative detention orders
- 26L Duration of preventative detention order
- 26M Revocation of preventative detention orders
- 26N Prohibited contact orders
- 26O Rules of evidence
- 26P Closure of Court and restriction on publication of proceedings
- 26PA Supreme Court may order provision of legal aid
Division 3 - Carrying out preventative detention orders
- 26Q Power to detain person under preventative detention order
- 26R Nominated senior police officer to oversee order
- 26S Endorsement of order with date and time person taken into custody
- 26T Power to require disclosure of identity
- 26U Power to enter premises
- 26V Power to search persons for seizable items
- 26W Release of person from preventative detention
- 26X Arrangement for detainee to be held in prison
Division 4 - Informing person detained about preventative detention orders
- 26Y Effect of interim preventative detention order to be explained to person detained
- 26Z Effect of preventative detention order (other than interim order) to be explained to person detained
- 26ZA Compliance with obligation to inform
- 26ZB Copy of preventative detention order and summary of grounds
Division 5 - Treatment of person detained
- 26ZC Humane treatment of person being detained
- 26ZD Restriction on contact with other people
- 26ZE Contacting family members etc
- 26ZF Contacting Law Enforcement Conduct Commission or Ombudsman
- 26ZG Contacting lawyer
- 26ZGA Contacting chaplain
- 26ZH Special contact rules for person under 18 or with impaired intellectual functioning
- 26ZI Monitoring contact with family members, lawyers etc under sections 26ZE, 26ZG, 26ZGA and 26ZH
- 26ZJ Entitlement to contact subject to prohibited contact order
- 26ZK Questioning of person prohibited while person is detained
- 26ZL Taking fingerprints, recordings, samples of handwriting or photographs
- 26ZLA Taking photographs and video recordings of injury and illness
- 26ZM Use of identification material
Division 6 - Miscellaneous
- 26ZN Annual reports to be given to Attorney General and Minister for Police
- 26ZO Monitoring by Law Enforcement Conduct Commission
- 26ZP Commission functions not affected
- 26ZQ Law relating to legal professional privilege not affected
- 26ZR Legal proceedings in relation to preventative detention orders
- 26ZS Sunset provision
PART 3 - COVERT SEARCH WARRANTS
Division 1 - Preliminary
- 27A Definitions
- 27B Eligible Judges
Division 2 - Authorisation to apply for covert search warrant
- 27C Authorisation to apply for covert search warrant
- 27D Who may be authorised to apply for a covert search warrant
- 27E Delegation of Commissioner of Police's power to give authorisation 27F. (Repealed)
Division 3 - Application for, and issue of, covert search warrant
- 27G Power to apply for covert search warrant
- 27H Application for warrant in person
- 27I Telephone warrant
- 27J Information in application for warrant
- 27K Determining application for covert search warrant
- 27L Record of determination by eligible Judge
- 27M Further application for warrant after refusal
- 27N Contents of covert search warrant
Division 4 - Execution of covert search warrant and provisions applying after warrant executed
- 27O Powers conferred by covert search warrant
- 27OA Operation of electronic and other equipment at premises and removal of things from premises for examination
- 27OB Access to and downloading of data from computers (including access to computers outside premises the subject of a warrant)
- 27P Use of assistants to execute warrant
- 27Q Expiry of covert search warrant
- 27R Return or retrieval of a thing seized or placed
- 27S Report to eligible Judge on execution of warrant
- 27T Defects in covert search warrants
- 27U Notice to occupiers of execution of covert search warrant
- 27V Notice to adjoining occupiers of execution of covert search warrant 27W. (Repealed)
Division 5 - Miscellaneous
- 27X Death or absence of eligible Judge who issued covert search warrant
- 27Y Applications to be dealt with in absence of public
- 27Z False or misleading information in applications or reports to eligible Judge
- 27ZA Publication of documents
- 27ZB Annual reports to be given to Attorney General and Police Minister
- 27ZC Monitoring by Law Enforcement Conduct Commission
PART 4 - MISCELLANEOUS
- 27 Return of seized things
- 28 Disposal of property on application to court
- 29 Protection of police acting in execution of Part 2 authorisation
- 29A Ministerial arrangements for things seized in connection with extra-territorial offences
- 30 Relationship with other Acts
- 30A ICAC and LECC assistance on terrorism investigation
- 31 Act to bind Crown
- 32 Regulations
- 33 Onus of proof of reasonable excuse
- 34 Proceedings for offences
- 35 Savings and transitional provisions
- 36 Review of Act Schedule 1 (Repealed)