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TERRORISM (POLICE POWERS) ACT 2002

- As at 1 July 2017
- Act 115 of 2002

TABLE OF PROVISIONS

           Long Title

   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

   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.     Supplying police officer’s details and other information

           Division 4 - (Repealed)
           None

   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.     (Repealed)

   PART 2AA - INVESTIGATIVE DETENTION POWERS

   25A.    Object of Part
   25B.    Meaning of “terrorism suspect”
   25C.    Meaning of “investigative detention”
   25D.    Other definitions
   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
   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
   25N.    Additional safeguards for detained persons
   25O.    Application of other legislation
   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 conduct frisk and ordinary personal searches
   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
   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
   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
           SCHEDULE 2


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