TERRORISM (EMERGENCY POWERS) AMENDMENT BILL 2006 Explanatory Statement

2006

LEGISLATIVE ASSEMBLY OF THE NORTHERN TERRITORY OF AUSTRALIA

MINISTER FOR POLICE, FIRE AND EMERGENCY SERVICES

TERORISM (EMERGENCY POWERS) AMENDMENT BILL

SERIAL NO. 46

EXPLANATORY STATEMENT

GENERAL OUTLINE

· preventative detention of persons for up to 14 days to prevent terrorist acts or preserve evidence following a terrorist act; and
· greater stop, search and seize powers in areas of mass transport hubs and other places.
for use in -

· preventing a terrorist act occurring; or
· preserving the evidence related to a terrorist act; or
· assisting the community recovering from a terrorist act.
Further amendments to the Bill, including the power to apply for a covert search warrant, will strengthen the counter-terrorism laws by expanding existing Police powers to enable Police to appropriately respond to a terrorist act or a threat of terrorist act.

States that the Bill is to come into operation on the date in which it appears in the Gazette.

Inserts additional definitions into the Act giving effect to the amendments contained in Parts 2A, 2B and 3A.

Clarifies that for the purposes of the Act, a member of the Police Force can exercise all the powers, duties or functions conferred by the Act regardless where the terrorist act has been, is being, or is likely to be committed.

Inserts the phrase “or threat of an action” into the opening words of the definition of “terrorist act” in sub-section 5(1).

Repeals and replaces existing section 6 to give effect to the amendments to the definition of a terrorist act under section 5.

Clause 9 Amendment to section 7 (Purposes for which authorisation may be given).

Omits and substitutes section 7(1)(c) to give effect to the amendments to the definition of a terrorist act under section 5. It also makes consequential amendments to section 7(1)(d) and 7(1)(e).

Amends section 9(3)(b) to give effect to the amendments to the definition of a terrorist act under section 5.

Enables the Commissioner of Police or other authorised police officer to give a public authority direction in the performance of its statutory powers or functions. The public authority must obey any directions given. The term “public authority” is defined and includes a local government council.

Omits and replaces section 19(1)(a) to enable the search of a target person’s premises regardless whether the target person is in or on the premises.

Clause 13 Amendment of section 20 (Power to enter premises for surveillance or to protect persons).

Amends section 20(1)(a) to give effect to the amendments to the definition of a terrorist act under section 5.

Clause 14 inserts into the Act new Part 2A (sections 20A-20T) and Part 2B (sections 21-21ZV).

Allows the Commissioner of Police to declare an area to be a special area if he is satisfied the declaration is required because of the nature of the site or area and the risk of occurrence of a terrorist act.

· an airport, train station, bus station or ship or ferry terminal;
· the site of a special event (which is defined in proposed section 20A); or
· a public area where people gather in large areas.
The Minister must approve the making of the declaration.

Provides that the declaration must describe the site or area including the times and dates of the force of the declaration, of which notice is made in the Gazette.

A declaration commences and finishes on the dates and times specified in the declaration unless revoked earlier under section 20E. The maximum period of a declaration is 28 days, however it may be extended for a further 7 days.

A declaration may be revoked at any time by the Commissioner of Police or at the direction of the Minister. The revocation must be notified in the Gazette.

Provides that nothing lawfully done by a member in reliance of a declaration is in any way affected by its revocation. In addition, a declaration or a decision of the Police Minister is unable to be challenged or reviewed by a court or tribunal.

A member of the Police Force may exercise all the powers and duties under a declaration whether or not the member is in possession of, or has been notified of the terms of the declaration.

A failure to publish the making or the revocation of a declaration over a special area in the Gazette does not affect the declaration or revocation in any way.

Proposed section 20H – Report to be given to Attorney-General and Police Minister

Provides that as soon as practicable after a declaration ceases to operate, the Commissioner is to provide a report to both the Attorney-General and the Police Minister. The provision sets out the matters which the report must address.

Requires the Police Minister to table a copy of the report in Parliament within seven sitting days of its receipt.

Clarifies the powers in this Part (Part 2A) may be exercised by a member of the Police Force in relation to a person or a vehicle (which is defined in section 4(1) of the Act) in a special area and includes a person or vehicle which is about to enter or has recently left the area.

A police officer may require a person to provide their name, date of birth and address (including proof) and their reasons for being in the special area. It is an offence to fail or refuse to disclose the information or disclose information which is false in a material particular without any reasonable excuse.

Provides that a member may stop and detain a person without warrant for the purposes of conducting a search:-

· an ordinary or frisk search of the person;
· for anything which the member suspects is in the person’s possession or control; or
· for anything which the member suspects the person bought into the special area.
The member may detain the person for as long as is reasonably necessary to conduct the search. It is an offence to escape from lawful custody during a search.

Provides that a member may, without warrant, stop and search a vehicle including anything in or on or attached to the vehicle.

The member may detain the vehicle and any person found in the vehicle for as long as is reasonably necessary to conduct the search. It is an offence to escape from lawful custody during a search.

Allows a member of the Police Force who is conducting a search, to seize a terrorist related item or any serious offence related items.

Provides that the police officer who conducted the search is to serve a seizure notice on the owner of the item or the person from whom the item was seized within 7 days, unless the owner is unknown or it is not possible to serve the person with the notice. The notice is to contain relevant information.

Gives the owner of the seized item the right to request for the return of the item. Police must not return the item if police suspect the item may be used in the commission of a terrorist act or serious indictable offence or is evidence of a terrorist act or a serious indictable offence.

Provides for the forfeiture of a seized item, if the owner fails to seek its return within the statutory period. It also provides for the return of an item to the owner or the making of an application to a Magistrate for the forfeiture of a seized item in other cases.

Gives the Magistrate the power to make orders in relation to the return of a seized item to the owner or the forfeiture or sale of an item in certain circumstances.

States the objects of Part 2B. These are to allow persons to be taken into custody and detained for a short period to prevent a terrorist act occurring in the near future or to preserve evidence of a recent terrorist act.

· "corresponding law" refers to the provisions in Division 105 of the Criminal Code Act of the Commonwealth including any regulations and the provisions of legislation of other States and Territories that provide for the preventative detention of persons consistent with the provisions in Part 2B. Regulations may declare the laws of other jurisdictions to be corresponding laws for the purposes of this Part;
· “confirmed preventative detention order” means a preventative detention order confirmed by the Supreme Court;
· “eligible Judge” means a Judge to whom the Administrator has declared to be an eligible Judge.
· "identification material" refers to the samples, prints, recordings, samples of the person’s handwriting or photographs that may be taken to ensure the correct identification of a person detained under a preventative detention order;
· "lawyer" means a local or interstate legal practitioner within the meaning of the Legal Practitioners Act;
· "preventative detention order" means an order detaining a person under section 21G as may be varied or revoked on application;
· "prohibited contact order" means an order made under section 21Q or 21R as varied under sections 21S or 21T;
· "senior police officer" means a police officer of or above the rank of Assistant Commissioner of Police.
Proposed section 21B – Same terrorist act

Provides that for the purposes of this Part a terrorist act ceases to be the same terrorist act if there is a change in the date of the terrorist act however, it does not include where only a change in the persons expected to carry out the terrorist act or how or where the act is planned to be carried out occurs.

Allows the Administrator to declare a Judge to be an eligible judge however, a declaration must not be made unless the Judge consents, in writing, to the declaration. A Judge acts in his or her personal capacity and has all the protections and immunities as a Judge of the Supreme Court has when exercising his or her powers in proceedings in the Court.

Gives a senior police officer, namely a member of a rank of Assistant Commissioner of Police or above, the power to authorise a member at the rank of Superintendent or above to make an application for a preventative detention order and prohibited contact order.

Allows an authorised member of the Police Force to make an application to an eligible Judge for a preventative detention order in respect of a person. To make the application the police officer must be satisfied the person will engage in or has prepared or planned for a terrorist act and detention of the subject person is necessary to substantially assist in preventing an imminent terrorist act from occurring (that is, an act expected to occur within 14 days) and the detention of the person for the period is reasonably necessary to substantially assist in preventing the terrorist act from occurring.

Alternatively, the police officer must be satisfied the detention of the subject person is necessary preserve evidence of a terrorist act (which had occurred within the last 28 days) and detaining the person for the period is reasonably necessary for the purposes of preserving evidence.

Prescribes the form of the application for a preventative detention order. The application must be made by affidavit and set out all facts and grounds justifying the order including the period of detention and information about the person's age and ability to manage their own affairs. Disclosure is required of all previous applications for a preventative detention order against the person, the particulars and outcomes of all proceedings related to a control order sought by the Commonwealth or information about any periods of detention under a corresponding law. If the person has already been or is in detention under a different order (whether under this Act or a corresponding law) on the basis of assisting in preventing a terrorist act occurring within a particular period, the application must specify the information that became available only after the earlier order was made if the application relates to a different terrorist act occurring within that period.

The application must be made without notice to the person affected unless the person is already being detained under a preventative detention order or under a corresponding law.

Where the application is urgent it may be made by telephone, fax or other electronic means.

Empowers an eligible Judge to make a preventative detention order. The Judge must be satisfied the person will engage in or has prepared or planned for a terrorist act, or possesses a thing connected with a terrorist act and the detention of the subject person is necessary to substantially assist in preventing an imminent terrorist act from occurring (i.e. an act expected to occur within 14 days) and the detention of the person for the period is reasonably necessary to substantially assist in preventing the terrorist act from occurring.

Alternatively, the Judge must be satisfied the detention of the subject person is necessary preserve evidence of a terrorist act (which had occurred within the last 28 days) and detaining the person for the period is reasonably necessary for the purposes of preserving evidence.

The Judge may refuse making an order until the applicant provides such further information the Judge requires.

If the application was made by way of telephone, fax or other electronic communication, a copy of the order made by the Judge must be faxed or sent to the applicant by other electronic means. Such an order has the same force or effect as the original order.

Specifies the powers and limitations of a preventative detention order. The order allows the subject person to be taken into custody (unless the person is already in custody including under a corresponding law) and detained from that time for a maximum of 14 days. The order must be in writing and specify the name of the detained person, the date and time of the order, a summary of the grounds on which the order is made, the period of detention and related matters such as special contact arrangements for persons under the age of 18 or incapable of managing their own affairs.

It is not necessary to include matters prejudicial to national security in the summary of the grounds for the making of the Order.

Proposed section 21J - Director of Correctional Services to be given copy of preventative detention order if person detained in prison

Requires the applicant police officer to provide a copy of the order be given to the Director of Correctional Services if the person is being detained in a prison.

Specifies the maximum duration of preventative detention orders. For the same terrorist act, the maximum period of a detention order is 14 days, less any period of detention under an order or a corresponding law.

The maximum period of detention under a preventative detention order for the preservation of evidence is not to be reduced by any period of detention a person has been detained under a preventative detention order or under a corresponding law on the basis of preventing a terrorist act.

Specifies when an order commences and ceases to have effect. A preventative detention order takes effect from the time it is made or from the expiry of detention under a corresponding law.

A preventative detention order will expire after 48 hours if the person has not been taken into custody. Otherwise, a preventative detention order expires at the end of the period of detention specified in the order or upon the revocation of the order under sections 21P, 21S or 21T.

Proposed section 21M – No preventative detention order in relation to person under 16

Prohibits the making of an application for a preventative detention order in respect of a person who is aged under 16 years of age. If a person is being detained under a preventative detention order and the police officer who is detaining the person becomes aware the person is aged under 16 years, the member must arrange for the release of the person as soon as practicable.

Provides restrictions on making further applications for a preventative detention order in respect of a person who has already been detained under a preventative detention order.

Proposed section 21P – Review of preventative detention order by Supreme Court

Requires the authorised police officer to make an application in the Supreme Court for a review of the order as soon as practicable after the person has been taken into custody. The Court reviewing the application must not be constituted by the same Judge who made the order.

The person who is the subject of the preventative detention order is entitled to appear, call evidence and cross-examine witnesses. After hearing all the evidence, the Court may either confirm the order (with or without variation) or revoke the order from its making.

There is no limitation on the police officer who is detaining the person, against releasing the person during the review period.

Proposed section 21Q - Prohibited contact order – person in relation to whom preventative detention order being sought

Enables the authorised police officer making the preventative detention order to a Judge to also apply for a prohibited contact order that will prevent the detained person from contacting a person specified in the order during the period of detention.

The application must be made by affidavit, setting out the facts, terms and grounds of the application and be sworn by the applicant.

If the application is urgent it may be made by telephone, fax or other electronic means and any order must be sent to the applicant by fax, email or other electronic means. A copy of the order has the same force as the original.

The Judge may make the order if satisfied on reasonable grounds it will assist in achieving the purpose of the preventative detention order.

The Judge may refuse making the order until the authorised police officer provides the Judge with further information.

Proposed section 21R – Prohibited contact order – person in relation to whom preventative detention order in force

Allows an application by an authorized police officer, including an application made by telephone, fax or other electronic means, for a prohibited contact order to be made to an eligible Judge where a preventative detention order is already in force against a person. The same requirements for making an application for a preventative detention order to a Judge apply.

The Judge may make the order if satisfied that on reasonable grounds it will assist in achieving the purpose of the preventative detention order.

The Judge may refuse making the order until the police officer provides the Judge with further information.

Proposed section 21S – Application by detainee for revocation or variation of preventative detention order or prohibited contact order

Allows a person who is the subject of a confirmed preventative detention order to make an application to the Supreme Court for a variation or revocation of the order. Also, the detainee may apply to the Supreme Court for an order either revoking or varying a prohibited contact order.

If the Court is satisfied that new facts or circumstances have arisen since the review of the order and it is appropriate to revoke or vary the preventative detention order, it must do so.

If the detainee applies for a variation or revocation of a prohibited contact order, the Court must make the variation or revocation if the Court is satisfied:

· the making of the prohibited contact order will assist in achieving the purpose of the preventative detention order; or
· the application is made after a preventative detention order has been confirmed, on the grounds that new facts or circumstances have arisen since the confirmation of the preventative detention order.
If the person is being detained in a prison, the variation or revocation of the preventative detention order or the prohibited contact order must be served on the Director of Correctional Services as soon as practicable after it has been made.

Proposed section 21T – Application by police officer for revocation or variation of preventative detention order or prohibited contact order

Requires the nominated police officer detaining a person under a preventative detention order to apply to the Supreme Court for a revocation of the order, if satisfied the grounds on which the order was made have ceased to exist.

If new facts or circumstances have arisen since the preventative detention order was made and the nominated police officer is satisfied the order should be varied, the member must apply to the Supreme Court for a variation of the order. If the order is a prohibited contact order, the nominated police officer must apply for an order either varying or revoking the order.

The Court is empowered to make an order revoking or varying the preventative detention order or the prohibited contact order. The variation or revocation of a preventative detention order or a prohibited contact order in respect of a person detained in a prison must be served on the Director of Correctional Services as soon as practicable after it has been made.

A person being detained under a preventative detention order is entitled to make representations to the nominated police officer to have the order or a prohibited contact order revoked or varied.

Proposed section 21U – Hearing procedures for proceedings in relation to orders

Provides that for proceedings for the making, revocation or variation of a preventative detention order or a prohibited contact order before the Supreme Court, the Court may take into account any evidence or information the Court considers credible or trustworthy and is not bound by the rules of evidence. Proceedings are to be heard in the absence of the public.

The Court may suppress publication of any part of the proceedings, but must suppress any information likely to be prejudicial to national security.

It is an offence to disclose suppressed information knowing the disclosure in contravention of an order.

Enables any police officer to take a person who is the subject of a preventative detention order into custody and detain the person while the preventative detention order is in force.

The section confirms that, unless otherwise provided, the power of police officers to detain and prevent the escape of the detainee is the same as that applicable under the Territory law when a police officer arrests a person in connection with an alleged offence.

Proposed section 21W - Senior police officer with functions under preventative detention order

Ensures that a function expressed to be imposed on a police officer in detaining a person under a preventative detention order is imposed on the most senior police officer involved in the detention.

Requires a senior police officer to nominate a member of the Police Force of the rank of or above superintendent to oversee the exercise of functions under, or in relation to, a preventative detention order.

The nominated officer must not have been involved in the application for the making of the order.

The provision sets out matters the nominated officer must oversee and who is entitled to make representations to the officer in relation to the order.

Proposed section 21Y – Endorsement of order with date and time person taken into custody

Requires the police officer who took the person into custody to endorse the order with details of the date and time the person was detained.

Enables a police officer to request a person to disclose and give proof his or her identity, date of birth and residential address if the officer believes on reasonable grounds the person may be able to assist in the execution of a preventative detention order.

It is an offence to fail to comply with a request or provide a name or an address which is false or misleading in a material particular.

Provides for a power to enter premises or a vehicle, for the purposes of searching for and detaining a person who is the subject of a preventative detention order.

Provides that a detainee may be released from detention under an order at any time, including for the purposes of being arrested under the Police Administration Act or in relation to a warrant issued under section 34D of the Australian Security Intelligence Organisation Act 1979. The period during which a person may be detained under the preventative detention order continues to run notwithstanding the person has been released.

The police officer who released the person must provide the detainee with a signed statement that the person is being released from detention.

Nothing in this provision is capable of extending the period of detention under an order, nor refuse a released person from being again detained whilst the order is in force.

Makes provision for a person being detained under a preventative detention order to be detained at a prison or, if under 18 years, at a juvenile detention or correctional centre. The Regulations may exclude the operation of any provision of the Prisons (Correctional Services) Act or the Juvenile Justice Act or Youth Justice Act.

If a juvenile is not being detained at a juvenile detention centre under the Juvenile Justice Act or the Youth Justice Act, and the nominated police officer considers there to be exceptional circumstances, the juvenile may be detained with other persons who are 18 years or older.

Sets out the kinds of matters the member of the Police Force who is detaining a person under a preventative detention order is required to inform the person about.

Provides that the offence provision under proposed section 21ZD(1) does not apply if the person’s actions makes it impracticable for the police officer to comply with the provision. However, the police officer complies with the provision if the officer only informs the person in substance to the kinds of matters required.

If the person is unable to understand the English language or has a disability, the police officer must arrange for the assistance of an interpreter, even if only provided by way of telephone.

The lawfulness of the person’s detention is not affected if the police officer fails or neglects to inform the person of the matters or provide an interpreter.

Proposed section 21ZF – Copy of preventative detention order and summary of grounds

Requires the police officer who is detaining the person to give the person a copy of the order and a summary of the grounds on which the order is made. There is no requirement to include information which is likely to prejudice national security within the meaning of the National Security Information (Criminal and Civil Proceedings) Act 2004 (Cth) in the summary of the grounds.

Police must, as soon as practicable after a request is made, provide a copy of the preventative detention order, any prohibited contact order and the summary of the grounds to the detainee’s lawyer. A copy of the documents may be provided by way of fax or email.

The police officer who provides a copy of the documents must endorse on the documents the date and time the person was detained under the order.

The lawfulness of the person’s detention is not affected if the officer fails or neglects to comply with the provision of material.

Requires a person being taken into custody or detained under a preventative detention order, to be treated with humanity and respect for human dignity and not to be subjected to cruel, inhuman or degrading treatment. It is an offence to contravene this provision.

Provides general restrictions relating to the contact a detainee has with other people.

Entitles the person being detained to limited contact (once only) with certain persons, including a family member (which is defined), a person he or she lives with, an employee or an employer or another person agreed to by the police officer detaining the person. The detainee is only entitled to disclose the fact that a preventative detention order had been made in relation to the detainee, the detainee is being detained under the order and the period of detention.

Proposed section 21ZJ - Contacting Ombudsman and Ethical and Professional Standards Command

Entitles the person being detained to contact the Ombudsman or the officer-in-charge of the Ethical and Professional Standards Command.

Entitles a detainee to have contact with a lawyer for the purposes of advising the person of their legal rights or representing the person:-

· in proceedings in a Court; or
· in a complaint to the Ombudsman or the officer-in-charge of the Ethical and Professional Standards.
Subject to any security clearance or preventative control orders (which may disentitle the detainee contacting specified lawyers) the police officer detaining the person must assist the detainee, including arranging for the assistance of an interpreter and choosing or contacting a lawyer. The police officer is to ensure the person is provided an interpreter in certain circumstances.

Contact may include being visited by the lawyer and communicating with the lawyer by telephone, fax or email.

Proposed section 21ZL – Special contact rules for person under 18 or incapable of managing their own affairs

Makes special provision in relation to the contact and the terms of contact a detained person who is under 18 years of age or is incapable of managing his or her affairs may have with a parent, guardian or another person who is able to represent the person’s interests.

Generally, the period of contact is to be two hours each day however, the police officer who is detaining the person may extend this period at their discretion.

If the person being detained is prohibited from contacting one of the person’s parents or guardian, the nominated police officer must inform the parent or guardian who is entitled to contact not to disclose any of the matters under section 21ZO(3)(b) to the other parent or guardian. It is an offence for the nominated police officer to fail to inform the parent not to make the disclosure.

Provides for the monitoring of contact of a detainee by a police officer under proposed sections 21ZI, 21ZK or 21ZL. Communications between the detainee and their lawyer are not admissible in evidence in Court if the communication is made for a lawful purpose.

Proposed section 21ZN – Entitlement to contact subject to prohibited contact order

Clarifies that any rights to contact a detainee has under proposed sections 21ZI, 21ZK or 21ZL is subject to any prohibited contact order made in relation to the person.

Provides a range of offences for the disclosure of certain information by the detainee, the detainee’s lawyer, the detainee’s parent/guardian, an interpreter, a monitor, or by the recipient of the information to another person.

Proposed section 21ZP - Questioning of person prohibited while person is detained

Creates an offence for a police officer to question a person being detained under a preventative detention order or a corresponding order, except in limited circumstances.

Sets out the criteria in which the taking of identification material (which is defined in section 21A) may be obtained from a person being detained. Special provisions apply for the taking of identification material from a person who is under the age of 18 or is incapable of managing their affairs.

It is an offence to take identification material otherwise than in compliance with this provision.

Limits the purposes for which identification material relating to a detainee may be used, including making provision for its destruction. It is an offence to use any identification material in contravention to this provision.

Sets out the kinds of matters required to be addressed in an annual report by the Commissioner of Police. The report is to be provided to the Police Minister within four months after each 30 June and tabled in Parliament within seven sitting days after its receipt.

Proposed section 21ZT – Law relating to legal professional privilege not affected

Provides that nothing in this Part affects the law relating to legal professional privilege.

Proposed section 21ZU – Legal proceedings for remedy in relation to orders

Provides that nothing in this Part affects a person’s rights to apply to the Supreme Court for a remedy in relation to a preventative detention order, a prohibited contact order or the treatment of the person in detention.

The Supreme Court may order the Commissioner of Police produce all the information which was put before the Judge in the application for the order. However, this does not include any information which is likely to prejudice national security.

Provides that any preventative detention order or prohibited contact order which is in force at the end of 10 years after the commencement of these amendments ceases to be in force. A preventative detention order or prohibited contact order is unable to be applied for after this date.

Clause 15 Amendment of section 21 (Vehicles may be required to be moved or prevented from entering area)

Repeals and substitutes (section 22A) the exercise of police powers to control the movement into and out of an area. The area is to be cordoned off by a tape or other barrier. If a tape or barrier is not practicable (because, for example, the geographical size of the area or that it is at sea) police may advertise the co-ordinates or other description of the area where access is restricted.

It is an offence to enter or leave an area unless directed to do so by a police officer. It is an offence to tamper with, or remove a tape of other barrier used to cordon off an area.

Clause 17 inserts into the Terrorism (Emergency Powers) Act a new Part (sections 27A-27Z) titled –

A member of the rank of Assistant Commissioner of Police or higher is authorised, and may authorise a police officer of another rank to apply for a covert search warrant.

Provides that an authorisation must be in writing, or if it is impracticable to issue the authorisation in writing it may be given orally. However, any oral authorisation, must be reduced to writing as soon as practicable after it has been given.

Enables an authorised police officer to apply to a Judge for warrant. The application for a warrant may be made if the authorised police officer making the application suspects or believes on reasonable grounds that:

(b) entry to and search of premises will substantially assist in responding to or preventing the terrorist act, and

(c) it is necessary for the entry and search of those premises to be conducted without the knowledge of any occupier of the premises.

Provides that an application for a covert search warrant (other than a special warrant) may be made in person before a Judge on oath (or affirmation) or by affidavit.

If the Judge is satisfied the application is urgent and it is impracticable for the authorised police officer to apply in person, the Judge may allow the police officer to make the application by telephone, fax or other electronic means. The police officer must complete the warrant and provide a copy of the warrant to the Judge within two business days after the issue of the warrant.

A judge who issues a warrant under this Part is to provide a copy of the completed and signed warrant to the police officer, or inform the police officer who made the application of the terms and date of the warrant.

If it is impracticable for the authorised police officer to make the application in person another police officer may make the application on the officer’s behalf.

The Judge may refuse making an order until the applicant provides such further information the Judge requires.

Sets out the kinds of matters the authorised police officer must address in the application. A judge is prohibited from issuing a covert search warrant unless the information is included in the application.

Provides that a Judge may issue a covert search warrant if satisfied that there are reasonable grounds for doing so. The section sets out the matters which the judge must consider in determining whether to issue the warrant.

Requires a Judge who determines an application for a covert search warrant to record all the relevant particulars of the grounds the Judge relied on to justify the issue of the warrant or the refusal to issue the warrant. The Judge is not required to record any matter that might disclose the name or residential address of a person, if the Judge is satisfied that to do so might jeopardise the safety of the person.

Provides that if an application for a covert search warrant has been refused, a further application may not be made for the same warrant, whether by the authorised police officer or another person, unless the further application provides additional information that justifies the making of the further application.

Division 4 - Execution of covert search warrants and provisions applying after warrants executed

Subdivision 1 – Preliminary matters

Subdivision 2 – Powers exercisable under covert search warrants

Proposed section 27P – Powers expressly conferred by covert search warrant

Authorises the police officer to re-enter the subject premises of the covert search warrant to return anything removed from the premises or to retrieve anything from the premises, if the covert search warrant expressly authorises the power of re-entry. The power of re-entry authorises the exercise of powers under sections 27N and 27P.

Gives the authorised police officer (including a member providing assistance) specific powers in order to protect the safety of any person, including a police officer, during the execution of the covert search warrant. In particular, it gives the authorised police officer the power to stop, detain and search a person who is in, or near, the suspect place when the search warrant is being executed. It is an offence to escape from lawful custody.

The authorised police officer may execute the covert search warrant with such assistance as he or she thinks necessary.

· the expiry date stated in the warrant;
· if withdrawn by the issuing judge, the date withdrawn; or
· when it is executed.

Requires the authorised police officer to provide the Judge who issued the warrant with a written report about the execution of the warrant. The section sets out the matters which are to be included in the report.

Provides that a covert search warrant is not invalidated by any defect, other than a defect that affects the substance of the warrant in a material particular.

Ensures that an application or other matter dealt with by a Judge under this Part must be dealt with in the absence of the public.

Proposed section 27X – False or misleading information in applications or reports

Makes it an offence for a police officer to give information to a Judge when the officer knows the information is false or misleading in a material particular.

Proposed section 27Y – No publication of information about covert search warrant

Creates offences for any unlawful disclosure (which is defined) or publication of confidential information (which is defined) in relation to a covert search warrant.

Obliges the Commissioner of Police to report annually to the Police Minister on the exercise of powers under this Part. The section sets out the kinds of matters which must be contained in the report. The Police Minister is to table the report within seven sitting days after receiving the report.

Clause 18 Amendment of section 45 (Authorisation may constitute reasonable grounds for suspicion)

Omits and substitutes section 45(1)(b) to give effect to the amendments to the definition of a terrorist act under section 5.

Repeals and substitutes section 47 to require the Police Minister to review the operation of the Act after a period of 5 years after its commencement and cause a copy of the report to be tabled in Parliament.

Northern Territory Explanatory Statements

TERRORISM (EMERGENCY POWERS) AMENDMENT BILL 2006