• Specific Year
    Any

TERRORISM (POLICE POWERS) ACT 2002 - As at 30 October 2023 - Act 115 of 2002

- As at 30 October 2023 - Act 115 of 2002

Table of Provisions

PART 1 - PRELIMINARY

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

PART 2AAA - POLICE USE OF FORCE--ONGOING TERRORIST ACTS

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

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

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)

Navigate