Northern Territory Consolidated Acts

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 magistrate

           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.    Director of Correctional Services to be given copy of preventative detention order if person detained in prison
   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 prison

           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 legal professional 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 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 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