Northern Territory Consolidated Acts

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TERRORISM (EMERGENCY POWERS) ACT


TABLE OF PROVISIONS

           Long Title

   PART 1--PRELIMINARY

   1.      Short title  
   2.      Commencement  
   3.      Act binds the Crown  
   4.      Interpretation  
   4A.     Extraterritoriality of terrorist act no barrier  
   5.      Terrorist act  

   PART 2--POWERS EXERCISABLE UNDER AUTHORISATIONS

           Division 1--Giving of authorisations

   6.      When authorisation may be given  
   7.      Purposes for which authorisation may be given  
   8.      Who may give authorisation  
   9.      Form of authorisation  
   10.     Duration of authorisation  
   11.     Revocation of authorisation  
   12.     Legality of authorisation  
   12A.    Power to give directions to public authorities  
   13.     Report to be given to Attorney-General and Police Minister  
   14.     Report to be tabled in Legislative Assembly  

           Division 2--Powers given by authorisation

   15.     Purposes for which powers under authorisation may be exercised  
   16.     Power to make person disclose identity and address  
   17.     Power to search persons  
   18.     Power to search vehicles  
   19.     Power to enter and search premises  
   20.     Power to enter premises for surveillance or to protect persons  

   PART 2A--POWERS EXERCISABLE UNDER SPECIAL AREA DECLARATION

           Division 1--Preliminary matters

   20A.    Definitions  

           Division 2--Making special area declaration

   20B.    Special area declaration  
   20C.    Form of declaration  
   20D.    Duration of declaration  
   20E.    Revocation of declaration  
   20F.    Legality of declaration  
   20G.    Effect of failure to publish  
   20H.    Report to be given to Attorney-General and Police Minister  
   20J.    Report to be tabled in Legislative Assembly  

           Division 3--Powers given by special area declaration

   20K.    Powers which may be exercised under declaration  
   20L.    Power to make person disclose identity and address  
   20M.    Power to search persons  
   20N.    Power to search vehicles  

           Division 4--Seizure of terrorism related items and serious offence related items

   20P.    Seizure of items  
   20Q.    Seizure notice  
   20R.    Return of seized item  
   20S.    Forfeiture of seized item  
   20T.    Application to Local Court Judge  

   PART 2B--PREVENTATIVE DETENTION ORDERS

           Division 1--Preliminary matters

   21.     Object  
   21A.    Definitions  
   21B.    Same terrorist act  
   21C.    Eligible Judges  
   21D.    Authorised police officers  

           Division 2--Preventative detention orders

   21E.    Application for preventative detention order  
   21F.    Form and content of application  
   21G.    When preventative detention order may be made  
   21H.    Nature and content of preventative detention order  
   21J.    Commissioner of Correctional Services to be given copy of preventative detention order if person detained in Commissioner's custody  
   21K.    Maximum period of detention  
   21L.    When order starts and ceases to have effect  
   21M.    No preventative detention order in relation to person under 16  
   21N.    Multiple preventative detention orders  
   21P.    Review of preventative detention order by Supreme Court  
   21Q.    Prohibited contact order – person in relation to whom preventative detention order being sought  
   21R.    Prohibited contact order – person in relation to whom preventative detention order in force  
   21S.    Application by detainee for revocation or variation of preventative detention order or prohibited contact order  
   21T.    Application by police officer for revocation or variation of preventative detention order or prohibited contact order  
   21U.    Hearing procedures for proceedings in relation to orders  

           Division 3--Carrying out preventative detention orders

   21V.    Power to detain person under preventative detention order  
   21W.    Senior police officer with functions under preventative detention order  
   21X.    Nominated police officer to oversee order  
   21Y.    Endorsement of order with date and time person taken into custody  
   21Z.    Power to require disclosure of identity  
   21ZA.   Power to enter premises and vehicles  
   21ZB.   Release of person from preventative detention  
   21ZC.   Arrangement for detainee to be held in custodial correctional facility  

           Division 4--Informing person detained about preventative detention orders

   21ZD.   Effect of preventative detention order to be explained to person detained  
   21ZE.   Compliance with obligation to inform  
   21ZF.   Copy of preventative detention order and summary of grounds  

           Division 5--Treatment of person detained

   21ZG.   Humane treatment of person being detained  
   21ZH.   Restriction on contact with other people  
   21ZI.   Contacting family members etc.  
   21ZJ.   Contacting Ombudsman and Ethical and Professional Standards Command  
   21ZK.   Contacting lawyer  
   21ZL.   Special contact rules for person under 18 or incapable of managing own affairs  
   21ZM.   Monitoring contact with certain persons  
   21ZN.   Entitlement to contact subject to prohibited contact order  
   21ZO.   Disclosure offences  
   21ZP.   Questioning of person prohibited while person is detained  
   21ZQ.   Taking identification material  
   21ZR.   Use of identification material  

           Division 6--Miscellaneous matters

   21ZS.   Annual reports to be given to Police Minister  
   21ZT.   Law relating to client legal privilege not affected  
   21ZU.   Legal proceedings for remedy in relation to orders  
   21ZV.   Sunset provision  

   PART 3--POWERS RELATING TO PUBLIC HEALTH AND SAFETY

           Division 1--Movement of persons and vehicles

   22.     Vehicles may be required to be moved or prevented from entering area  
   22A.    Movement into and out of area may be restricted  
   23.     Person may be directed to leave, remain in or not enter area  

           Division 2--Quarantine

   24.     Police officer may direct person to submit to decontamination and quarantine for up to 48 hours  
   25.     Chief Health Officer may direct person to submit to decontamination and quarantine for more than 48 hours  

           Division 3--Contaminated or unsafe property

   26.     Premises may be made safe  
   27.     Decontamination etc. of things  

   PART 3A--COVERT SEARCH WARRANTS

           Division 1--Preliminary matters

   27A.    Interpretation  

           Division 2--Authorisations to apply for covert search warrants

   27B.    Who may apply for covert search warrant  
   27C.    Form of authorisation  

           Division 3--Applications for, and issue of, covert search warrants

   27D.    Power to apply for covert search warrant  
   27E.    Application for warrant in person  
   27F.    Special warrant  
   27G.    Information in application for warrant  
   27H.    Determining application for covert search warrant  
   27J.    Record of determination by Supreme Court Judge  
   27K.    Further application for warrant after refusal  
   27L.    Contents of covert search warrant  

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

              Subdivision 1--Preliminary matters

   27M.    Interpretation  

              Subdivision 2--Powers exercisable under covert search warrants

   27N.    Powers automatically conferred by covert search warrant  
   27P.    Powers expressly conferred by covert search warrant  
   27Q.    Power of re-entry  
   27R.    Power to stop, detain and search etc.  

              Subdivision 3--Execution and currency of covert search warrant

   27S.    Use of assistants to execute warrant  
   27T.    Expiry of covert search warrant  

              Subdivision 4--Provisions applying after warrants executed

   27U.    Report to Supreme Court Judge on execution of warrant  
   27V.    Defects in covert search warrants  

           Division 5--Miscellaneous matters

   27W.    Matters to be dealt with in absence of public  
   27X.    False or misleading information in applications or reports  
   27Y.    No publication or disclosure of information about covert search warrants  
   27Z.    Annual reports to be given to Police Minister  

   PART 4--OTHER POWERS

           Division 1--Enforcement

   28.     Use of force  
   29.     Power to seize and detain things etc.  
   30.     Securing of crime scene  
   31.     Compulsory reporting of thefts and unusual sales of potential terrorism hazards  

           Division 2--Assistance with enforcement

   32.     Recognition of other law enforcement officers  
   33.     Recognised law enforcement officers to have police powers  
   34.     Police officer may require assistance from members of public  
   35.     Protection of persons acting under this Act  

           Division 3--Offences

   36.     Offence of failing to comply with direction  
   37.     Offence of obstructing or hindering exercise of powers  
   38.     Offence of resisting or inciting resistance to exercise of powers  

   PART 5--DUTIES UNDER THIS ACT

   39.     Police officer to give details to certain persons  
   40.     Conditions of search of persons  
   41.     Return of seized things  
   42.     Acquisition  

   PART 6--MISCELLANEOUS

   43.     Relationship with other Acts  
   44.     Onus of proof  
   45.     Authorisation may constitute reasonable grounds for suspicion  
   46.     Regulations  
   47.     Review of Act  
           SCHEDULE
           ENDNOTES


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