TERRORISM (POLICE POWERS) ACT 2002 - As at 30 October 2023 - Act 115 of 2002
TERRORISM (POLICE POWERS) ACT 2002
- As at 30 October 2023
- 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
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)
SCHEDULE 2
