TERRORISM LEGISLATION AMENDMENT BILL 2007

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TERRORISM LEGISLATION AMENDMENT BILL 2007

Queensland Terrorism Legislation Amendment Bill 2007

Queensland Terrorism Legislation Amendment Bill 2007 Contents Page Part 1 Preliminary 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Part 2 Amendment of Disaster Management Act 2003 3 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 4 Amendment of s 9 (Directions about powers under other Acts during disaster situation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Part 3 Amendment of Police Powers and Responsibilities Act 2000 5 Act amended in pt 3 and schedule . . . . . . . . . . . . . . . . . . . . . . . . 7 6 Amendment of sch 6 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 7 Part 4 Amendment of Public Safety Preservation Act 1986 7 Act amended in pt 4 and schedule . . . . . . . . . . . . . . . . . . . . . . . . 8 8 Amendment of long title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 9 Replacement of s 4A (Notes) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 4A Relationship with another declaration under another Act ............................ 8 10 Amendment of s 5 (Declaration of emergency situation) . . . . . . . 8 11 Replacement of s 7 (Power to delegate) . . . . . . . . . . . . . . . . . . . 9 7 Power to delegate. . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 12 Insertion of new pt 2A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Part 2A Terrorist emergency Division 1 Declaring, extending and ending terrorist emergencies Subdivision 1 Appointments 8A Appointment of terrorist emergency commander and terrorist emergency forward commander . . . . . . . . . . 10

2 Terrorism Legislation Amendment Bill 2007 8B Commissioner's or deputy commissioner's power to delegate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 8C Function of terrorist emergency commander . . . . . . . 11 8D Terrorist emergency commander's power to delegate 11 8E Function of terrorist emergency forward commander. 12 8F Terrorist emergency forward commander's power to delegate ................................ 12 Subdivision 2 Declaration 8G Terrorist emergency may be declared . . . . . . . . . . . . 13 8H Extension of terrorist emergency beyond 7 days to a maximum of 14 days . . . . . . . . . . . . . . . . . . . . . . . . . 14 8I Relevant person must end terrorist emergency in particular circumstances . . . . . . . . . . . . . . . . . . . . . . 15 8J Dealing with the terrorist emergency certificate at the end of the emergency. . . . . . . . . . . . . . . . . . . . . . 15 Division 2 Exercise of powers Subdivision 1 Terrorist emergency officer powers 8K Definition for sdiv 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 8L Grounds for exercise of power . . . . . . . . . . . . . . . . . . 16 8M Power to control movement of persons . . . . . . . . . . . 16 8N Power to search a person without a warrant . . . . . . . 17 8O Power to require name and address . . . . . . . . . . . . . 18 Subdivision 2 Other powers 8Q Power to direct officers of government agencies . . . . 18 Division 3 Other provisions 8R Report to Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 8S Tabling of report in Legislative Assembly . . . . . . . . . . 20 8T Review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 13 Omission of s 10 (Relationship to other Acts) . . . . . . . . . . . . . . . 20 14 Amendment of s 16 (Meaning of CBRE coordinator) . . . . . . . . . . 21 15 Insertion of new pt 3A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Part 3A Relationship between emergencies 43A Emergency situation. . . . . . . . . . . . . . . . . . . . . . . . . . 21 43B Terrorist emergency . . . . . . . . . . . . . . . . . . . . . . . . . . 22 43C CBR emergency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 43D Multiple appointments . . . . . . . . . . . . . . . . . . . . . . . . 22 16 Insertion of new ss 49 and 50 . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

3 Terrorism Legislation Amendment Bill 2007 49 Application of Police Powers and Responsibilities Act 2000 to a direction given by a police officer under this Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 50 Powers unaffected by failure to comply with formal provision ................................ 23 17 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 23 Part 5 Amendment of Terrorism (Preventative Detention) Act 2005 18 Act amended in pt 5 and schedule . . . . . . . . . . . . . . . . . . . . . . . . 24 19 Insertion of new s 7A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 7A Freedom of Information Act 1992 . . . . . . . . . . . . . . . . 25 20 Amendment of s 13 (Presence or absence at application for order of detainee and other persons) . . . . . . . . . . . . . . . . . . . . . . 25 21 Amendment of s 23 (Notice to and representations by the person) ....................................... 25 22 Amendment of s 27 (Application for extension of final order). . . . 26 23 Amendment of s 29 (Notice to and representations by the person) ....................................... 26 24 Insertion of new pt 2, div 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 Division 3A Legal Aid 31A Order for free legal assistance . . . . . . . . . . . . . . . . . . 26 31B Effect of order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 25 Amendment of s 35 (Revocation of preventative detention order or prohibited contact order). . . . . . . . . . . . . . . . . . . . . . . . . 27 26 Amendment of s 38 (Nominated police officer to oversee functions and powers) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 27 Amendment of s 40 (Requirement to provide name etc.). . . . . . . 28 28 Insertion of new ss 43A and 43B . . . . . . . . . . . . . . . . . . . . . . . . . 28 43A Search involving removal of clothing . . . . . . . . . . . . . 28 43B Safeguards apply . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 29 Amendment of s 45 (Release of person from preventative detention) ....................................... 29 30 Amendment of s 46 (Arrangement for detainee to be held) . . . . . 29 31 Amendment of s 47 (Effect of initial order to be explained to person detained) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 32 Amendment of s 48 (Effect of final order to be explained to person detained) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 33 Amendment of s 51 (Copy of preventative detention order and summary of grounds) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 34 Amendment of s 53 (Questioning of person prohibited while person detained) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 35 Amendment of s 54 (Offences of contravening safeguards) . . . . 33

4 Terrorism Legislation Amendment Bill 2007 36 Amendment of s 58 (Contacting lawyer) . . . . . . . . . . . . . . . . . . . 33 37 Amendment of s 59 (Monitoring contact under section 56, 58 or 61) ....................................... 34 38 Insertion of new s 59A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 59A Restrictions on monitoring contact with lawyer . . . . . 34 39 Amendment of s 61 (Child or person of impaired capacity to be contacted by relevant chief executive) . . . . . . . . . . . . . . . . . . . . . 35 40 Amendment of s 62 (The relevant chief executive and the chief executive's delegate) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 41 Amendment of s 64 (Lawyer) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 42 Amendment of s 65 (Parent/guardian) . . . . . . . . . . . . . . . . . . . . . 37 43 Amendment of s 72 (Review by Supreme Court initiated by police officer detaining a person) . . . . . . . . . . . . . . . . . . . . . . . . . 37 44 Insertion of new s 80A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 80A No cost orders against person detained. . . . . . . . . . . 37 45 Insertion of new pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 Part 8 Transitional provision 85 Application of s 7A . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 46 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 38 Schedule Minor amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 Police Powers and Responsibilities Act 2000 . . . . . . . . . . . . . . . . 39 Public Safety Preservation Act 1986 . . . . . . . . . . . . . . . . . . . . . . 39 Terrorism (Preventative Detention) Act 2005 . . . . . . . . . . . . . . . . 41

2007 A Bill for An Act to amend the Terrorism (Preventative Detention) Act 2005, the Public Safety Preservation Act 1986, and for other purposes

s1 6 s4 Terrorism Legislation Amendment Bill 2007 The Parliament of Queensland enacts-- 1 Part 1 Preliminary 2 Clause 1 Short title 3 This Act may be cited as the Terrorism Legislation 4 Amendment Act 2007. 5 Clause 2 Commencement 6 This Act commences on a day to be fixed by proclamation. 7 Part 2 Amendment of Disaster 8 Management Act 2003 9 Clause 3 Act amended in pt 2 10 This part amends the Disaster Management Act 2003. 11 Clause 4 Amendment of s 9 (Directions about powers under other 12 Acts during disaster situation) 13 Section 9(8), `or'-- 14 omit, insert-- 15 `or to terrorist emergency powers or'. 16

s5 7 s6 Terrorism Legislation Amendment Bill 2007 Part 3 Amendment of Police Powers 1 and Responsibilities Act 2000 2 Clause 5 Act amended in pt 3 and schedule 3 This part and the schedule amend the Police Powers and 4 Responsibilities Act 2000. 5 Clause 6 Amendment of sch 6 (Dictionary) 6 (1) Schedule 6-- 7 insert-- 8 `explosives detection dog means a dog trained to detect 9 explosives.'. 10 (2) Schedule 6, definition enforcement act, paragraph (a)-- 11 insert-- 12 `(iii) by using an explosives detection dog to carry out 13 explosives detection;'. 14 (3) Schedule 6, definition enforcement act, paragraph (b)-- 15 insert-- 16 `(iii) by using an explosives detection dog to carry out 17 explosives detection;'. 18 (4) Schedule 6, definition enforcement act, paragraph (c)-- 19 insert-- 20 `(iii) by using an explosives detection dog to carry out 21 explosives detection;'. 22

s7 8 s 10 Terrorism Legislation Amendment Bill 2007 Part 4 Amendment of Public Safety 1 Preservation Act 1986 2 Clause 7 Act amended in pt 4 and schedule 3 This part and the schedule amend the Public Safety 4 Preservation Act 1986. 5 Clause 8 Amendment of long title 6 The long title, before `chemical'-- 7 insert-- 8 `terrorist,'. 9 Clause 9 Replacement of s 4A (Notes) 10 Section 4A-- 11 omit, insert-- 12 `4A Relationship with another declaration under 13 another Act 14 `(1) This Act does not prevent a person from declaring a state of 15 disaster or another emergency under another Act. 16 `(2) The existence of another declaration under another Act does 17 not prevent the making of a declaration, or the exercise of 18 powers, under this Act. 19 Example of another Act under which a declaration may be made-- 20 Disaster Management Act 2003'. 21 Clause 10 Amendment of s 5 (Declaration of emergency situation) 22 (1) Section 5(1), `incident coordinator'-- 23 omit, insert-- 24 `emergency commander'. 25 (2) Section 5(4)-- 26 omit. 27

s 11 9 s 11 Terrorism Legislation Amendment Bill 2007 (3) Section 5(5) and (6)-- 1 renumber as section 5(4) and (5). 2 Clause 11 Replacement of s 7 (Power to delegate) 3 Section 7-- 4 omit, insert-- 5 `7 Power to delegate 6 `(1) This section only applies for any period for which the 7 emergency commander is not acting as the emergency 8 commander. 9 `(2) The emergency commander may delegate the commander's 10 functions under this Act, including the power to subdelegate 11 functions, to an appropriately qualified police officer. 12 `(3) The power to delegate does not include the power to delegate 13 the function to issue a certificate or make a note on a 14 certificate under section 5. 15 `(4) For each delegation, the emergency commander must attach to 16 the emergency situation certificate a copy of each written 17 instrument mentioned in the Acts Interpretation Act 1954, 18 section 27A(3) and a statement outlining any revocation of the 19 delegation. 20 `(5) Without limiting the Acts Interpretation Act 1954, section 21 27A, if a delegation is in force at the end of the declaration of 22 the emergency situation, the delegation ends. 23 `(6) In this section-- 24 functions includes powers.'. 25

s 12 10 s 12 Terrorism Legislation Amendment Bill 2007 Clause 12 Insertion of new pt 2A 1 After part 2-- 2 insert-- 3 `Part 2A Terrorist emergency 4 `Division 1 Declaring, extending and ending 5 terrorist emergencies 6 `Subdivision 1 Appointments 7 `8A Appointment of terrorist emergency commander and 8 terrorist emergency forward commander 9 `(1) This section applies if the commissioner or a deputy 10 commissioner is satisfied on reasonable grounds that-- 11 (a) an emergency situation has arisen or is likely to arise; 12 and 13 (b) the emergency situation results from or may result from 14 or may lead to 1 or more terrorist acts at 1 or more 15 places (each a terrorist emergency site). 16 `(2) The commissioner or deputy commissioner must appoint an 17 appropriately qualified police officer to be the terrorist 18 emergency commander. 19 `(3) Until the commissioner or deputy commissioner appoints a 20 terrorist emergency commander, the commissioner or deputy 21 commissioner has all the powers of a terrorist emergency 22 commander. 23 `(4) Also, for each terrorist emergency site, an appropriately 24 qualified police officer must be appointed as the terrorist 25 emergency forward commander either by the commissioner or 26 deputy commissioner or by the terrorist emergency 27 commander under a delegation under section 8B. 28

s 12 11 s 12 Terrorism Legislation Amendment Bill 2007 `8B Commissioner's or deputy commissioner's power to 1 delegate 2 `The commissioner or the deputy commissioner may delegate 3 the power under section 8A(4) to appoint a terrorist 4 emergency forward commander to the terrorist emergency 5 commander appointed under the section. 6 `8C Function of terrorist emergency commander 7 `(1) The terrorist emergency commander is responsible for the 8 overall management and control of all terrorist emergencies 9 declared for the emergency situation for which the 10 commander was appointed. 11 `(2) The terrorist emergency commander may give directions to a 12 terrorist emergency forward commander about the 13 performance of functions and the exercise of powers under 14 this Act by the terrorist emergency forward commander. 15 `(3) The terrorist emergency forward commander must comply 16 with the directions and is generally subject to the management 17 and control of the terrorist emergency commander. 18 `(4) The terrorist emergency commander has all the powers of a 19 terrorist emergency forward commander and, for that purpose, 20 a reference in this Act to a terrorist emergency forward 21 commander includes a reference to the terrorist emergency 22 commander. 23 `(5) Subsections (2) and (4) do not limit other powers of the 24 terrorist emergency commander. 25 `8D Terrorist emergency commander's power to delegate 26 `(1) This section only applies for any period for which the terrorist 27 emergency commander is not acting as the commander. 28 `(2) The terrorist emergency commander may delegate the 29 commander's functions under this Act, including the power to 30 subdelegate functions, to an appropriately qualified police 31 officer. 32 `(3) In this section-- 33 functions includes powers. 34

s 12 12 s 12 Terrorism Legislation Amendment Bill 2007 `8E Function of terrorist emergency forward commander 1 `(1) The terrorist emergency forward commander appointed for a 2 terrorist emergency site is the police forward commander for, 3 and responsible for the management and control of-- 4 (a) the terrorist emergency site and on-site investigation; 5 and 6 (b) if a terrorist emergency is declared under section 7 8G--the terrorist emergency. 8 `(2) The terrorist emergency forward commander has, for the 9 commander's function in relation to a terrorist emergency, the 10 powers that an emergency commander has for an emergency 11 situation under part 2 and, for that purpose in section 8-- 12 (a) a reference to an emergency situation includes a 13 reference to the terrorist emergency; and 14 (b) a reference to an emergency commander includes a 15 reference to a terrorist emergency forward commander. 16 `(3) For the purpose of the powers of a police officer acting on the 17 commander's instructions, a reference in section 8 to a police 18 officer acting on the commander's instructions includes a 19 reference to a terrorist emergency officer. 20 `(4) Subsections (2) and (3) do not limit other powers of the 21 terrorist emergency forward commander or of a police officer 22 acting on the commander's instructions. 23 `(5) However, powers conferred by this section are subject to 24 section 8L. 25 `8F Terrorist emergency forward commander's power to 26 delegate 27 `(1) This section only applies for any period for which the terrorist 28 emergency forward commander is not acting as commander. 29 `(2) The commander may delegate the commander's functions 30 under this Act, including the power to subdelegate functions, 31 to an appropriately qualified police officer. 32 `(3) The power to delegate does not include the power to delegate 33 the function to issue a terrorist emergency certificate or make 34 a note on a certificate under section 8G(4) or 8J(2). 35

s 12 13 s 12 Terrorism Legislation Amendment Bill 2007 `(4) For each delegation, the terrorist forward commander must 1 attach to the terrorist emergency certificate a copy of each 2 written instrument mentioned in the Acts Interpretation Act 3 1954, section 27A(3) and a statement outlining any revocation 4 of the delegation. 5 `(5) Without limiting the Acts Interpretation Act 1954, section 6 27A, if a delegation is in force at the end of the terrorist 7 emergency, the delegation ends. 8 `(6) In this section-- 9 functions includes powers. 10 `Subdivision 2 Declaration 11 `8G Terrorist emergency may be declared 12 `(1) If a terrorist emergency forward commander appointed for a 13 terrorist emergency site is satisfied on reasonable grounds that 14 the terrorist emergency powers are necessary to manage and 15 control the site and circumstances relating to the site, the 16 commander may declare that a terrorist emergency exists for a 17 stated area (the declared area) that includes the site. 18 `(2) The stated area must be the smallest area reasonably 19 necessary to effectively deal with the terrorist emergency. 20 `(3) Without limiting subsection (1), a declared area may be any 21 description of area surrounding a moving activity. 22 Example-- 23 an area within a stated distance of a particular moving motor vehicle 24 `(4) As soon as practicable after making the declaration, the 25 terrorist emergency forward commander, must issue a 26 certificate (a terrorist emergency certificate) signed by the 27 commander stating-- 28 (a) that a terrorist emergency has been declared; and 29 (b) the nature of the terrorist emergency; and 30 (c) the time and date the terrorist emergency was declared; 31 and 32 (d) the declared area. 33

s 12 14 s 12 Terrorism Legislation Amendment Bill 2007 `(5) The terrorist emergency forward commander may at any time 1 change the nature of the terrorist emergency or the declared 2 area by amending their description on the certificate together 3 with the time and date of the amendment. 4 `(6) The commissioner must immediately inform the Minister of 5 the declaration of the terrorist emergency or of a significant 6 change made under subsection (5). 7 `(7) If after reasonable efforts, the Minister can not be contacted, 8 the commissioner must immediately inform the Premier of the 9 declaration or change. 10 `(8) If neither the Minister nor the Premier can be contacted, the 11 commissioner must immediately inform the next most senior 12 Minister who is available of the declaration or change. 13 `(9) Unless either of the following happens, the declaration ends 7 14 days after the declaration is made-- 15 (a) the terrorist emergency forward commander, the 16 Minister or the Premier ends the declaration sooner; 17 (b) the Minister and the Premier extend the period of the 18 declaration under section 8H. 19 `8H Extension of terrorist emergency beyond 7 days to a 20 maximum of 14 days 21 `(1) This section applies if the Minister and the Premier are 22 satisfied, in relation to a terrorist emergency that-- 23 (a) the terrorist emergency continues to exist; and 24 (b) it is necessary for police officers to continue to exercise 25 terrorist emergency powers beyond the first 7 days (the 26 initial period) of the terrorist emergency to protect life 27 or health at serious risk. 28 `(2) Before the initial period ends, the Minister and the Premier 29 may extend the period of the terrorist emergency to a total of 30 not more than 14 days from the start of the initial period. 31

s 12 15 s 12 Terrorism Legislation Amendment Bill 2007 `8I Relevant person must end terrorist emergency in 1 particular circumstances 2 `(1) As soon as a relevant person is satisfied it is no longer 3 necessary for police officers to continue to exercise terrorist 4 emergency powers to protect life or health at serious risk, the 5 relevant person must end the terrorist emergency. 6 `(2) If a relevant person ends a terrorist emergency, the terrorist 7 emergency forward commander must as soon as practicable-- 8 (a) inform police officers of the ending; and 9 (b) notify the time and date of the ending by gazette notice; 10 and 11 (c) comply with section 8J. 12 `(3) In this section-- 13 relevant person means the terrorist emergency commander, 14 the Minister or the Premier. 15 `8J Dealing with the terrorist emergency certificate at 16 the end of the emergency 17 `(1) This section applies when a terrorist emergency ends. 18 `(2) The terrorist emergency forward commander must-- 19 (a) note the time and date of the ending on the terrorist 20 emergency certificate; and 21 (b) give the certificate to the office of the commissioner 22 within 14 days after the ending of the terrorist 23 emergency. 24 `(3) The terrorist emergency certificate must be kept in the office 25 of the commissioner for a period of at least 6 years after the 26 ending of the terrorist emergency. 27

s 12 16 s 12 Terrorism Legislation Amendment Bill 2007 `Division 2 Exercise of powers 1 `Subdivision 1 Terrorist emergency officer powers 2 `8K Definition for sdiv 1 3 `In this division-- 4 terrorist emergency officer means-- 5 (a) the terrorist emergency forward commander; or 6 (b) a police officer acting on the instructions of the terrorist 7 emergency forward commander. 8 `8L Grounds for exercise of power 9 `(1) A terrorist emergency officer may exercise a terrorist 10 emergency power-- 11 (a) only during the period of the terrorist emergency and, 12 unless otherwise provided, only in the declared area; 13 and 14 (b) only if the terrorist emergency officer is satisfied that the 15 exercise of power is necessary to effectively deal with 16 the terrorist emergency. 17 `(2) A terrorist emergency officer exercising a power may use 18 force that is reasonably necessary. 19 Note-- 20 A terrorist emergency officer also has powers under section 8E. 21 `8M Power to control movement of persons 22 `(1) This section applies to a person who is in a declared area or 23 who a terrorist emergency officer reasonably suspects is about 24 to enter the declared area. 25 `(2) A terrorist emergency officer may direct the person-- 26 (a) not to enter the declared area; or 27 (b) to go to a stated place in the declared area; or 28

s 12 17 s 12 Terrorism Legislation Amendment Bill 2007 (c) to temporarily stay at or in a stated place in the declared 1 area; or 2 (d) not to enter a stated place in the declared area. 3 `(3) A direction may only be given to ensure the safety of any 4 person, whether the safety of the person given the direction or 5 another person. 6 `(4) A person given one or more directions under subsection 7 (2)(a), (b), (c) or (d) is not, for that reason only, under arrest or 8 in the custody of a police officer for the purposes of the Police 9 Powers and Responsibilities Act 2000. 10 `(5) A direction under subsection (2)(a), (b), (c) or (d) is not an 11 enforcement act for the purposes of the Police Powers and 12 Responsibilities Act 2000. 13 `8N Power to search a person without a warrant 14 `(1) A terrorist emergency officer may stop, detain and search a 15 person for anything relevant to the terrorist emergency if the 16 person is about to enter, is in or if the terrorist emergency 17 officer reasonably suspects the person has just left, a declared 18 area for the terrorist emergency. 19 `(2) The terrorist emergency officer may seize all or part of a 20 thing-- 21 (a) that may provide evidence of the commission of an 22 offence; or 23 (b) that the person intends to use to cause harm to himself, 24 herself or someone else. 25 `(3) The Police Powers and Responsibilities Act 2000, chapter 20, 26 applies as if anything done under subsection (1) or (2) were 27 done under that Act. 28 `(4) Nothing done under this section, other than the search 29 mentioned in subsection (5), is an enforcement act under the 30 Police Powers and Responsibilities Act 2000. 31 `(5) A search of a person involving the removal of the person's 32 clothing, other than outer clothing, is an enforcement act 33 under the Police Powers and Responsibilities Act 2000. 34

s 12 18 s 12 Terrorism Legislation Amendment Bill 2007 `8O Power to require name and address 1 `(1) A terrorist emergency officer may require a person to state the 2 person's correct name and address if the person is about to 3 enter, is in or if the terrorist emergency officer reasonably 4 suspects the person has just left, a declared area for the 5 terrorist emergency. 6 `(2) Also, the police officer may require the person to give 7 evidence of the correctness of the stated name and address if, 8 in the circumstances, it would be reasonable to expect the 9 person to be in possession of evidence of the correctness of 10 the stated name or address or to otherwise be able to give the 11 evidence. 12 `(3) In this section-- 13 address means current place of residence. 14 `Subdivision 2 Other powers 15 `8Q Power to direct officers of government agencies 16 `(1) To the extent necessary to manage and control the response of 17 government agencies to a terrorist emergency, the 18 commissioner or a deputy commissioner may direct an officer 19 of a government agency to do or not do an act, or to perform 20 or not perform a function. 21 `(2) The act or function must be an act or function it is lawful for 22 the officer to do or perform or not do or perform in the 23 ordinary performance of the officer's functions. 24 `(3) The direction may be given only while the declaration is in 25 effect and only in relation to any or all declared areas stated in 26 the direction. 27 `(4) The direction may apply to more than 1 terrorist emergency. 28 `(5) The agency must be consulted before being given the 29 direction. 30 `(6) The officer is authorised to comply, and must comply, with the 31 direction. 32

s 12 19 s 12 Terrorism Legislation Amendment Bill 2007 `(7) The direction may be withdrawn by the Premier or the 1 Minister responsible for the agency. 2 `(8) A direction under subsection (1) may be given generally to 3 officers holding a type of office or exercising a function. 4 `(9) In this section-- 5 function includes a power. 6 officer includes any employee of the government whether or 7 not the person holds an office. 8 performance, of a function, includes the exercise of a power. 9 `Division 3 Other provisions 10 `8R Report to Minister 11 `(1) The commissioner must give the Minister a report about a 12 terrorist emergency within 6 months after the end of the 13 declaration. 14 `(2) The report-- 15 (a) must include-- 16 (i) the nature of the terrorist emergency, when and 17 why the emergency was declared, and when it 18 ended; and 19 (ii) if the terrorist emergency declaration was 20 extended, why it was extended; and 21 (iii) the terrorist emergency powers relied on and why 22 they were relied on; and 23 (iv) if any terrorist emergency powers were delegated 24 under section 8F, the reason the powers were 25 delegated; and 26 (v) who authorised the exercise of the terrorist 27 emergency powers and how the powers were 28 exercised; and 29 (b) may include anything else the commissioner considers 30 appropriate. 31

s 13 20 s 13 Terrorism Legislation Amendment Bill 2007 `8S Tabling of report in Legislative Assembly 1 `(1) The Minister must table in the Legislative Assembly a report 2 about a terrorist emergency within 6 months after the end of 3 the declaration. 4 `(2) The report must include all the information described in 5 section 8R(2)(a) and may include anything else the Minister 6 considers appropriate. 7 `(3) Subsection (2) does not require the report to include 8 information that could reasonably be expected-- 9 (a) to prejudice the investigation of a contravention or 10 possible contravention of the law; or 11 (b) to enable the existence or identity of a confidential 12 source of information, in relation to the enforcement or 13 administration of the law, to be ascertained; or 14 (c) to endanger a person's life or physical safety; or 15 (d) to prejudice the effectiveness of a lawful method or 16 procedure for preventing, detecting, investigating or 17 dealing with a contravention or possible contravention 18 of the law; or 19 (e) to prejudice the maintenance or enforcement of a lawful 20 method or procedure for protecting public safety; or 21 (f) to prejudice national security. 22 `8T Review 23 `(1) This part must be reviewed by the Minister before the end of 5 24 years after the commencement of this section. 25 `(2) A report on the outcome of the review must be tabled in the 26 Legislative Assembly within 12 months after the end of the 27 period of 5 years.'. 28 Clause 13 Omission of s 10 (Relationship to other Acts) 29 Section 10-- 30 omit. 31

s 14 21 s 15 Terrorism Legislation Amendment Bill 2007 Clause 14 Amendment of s 16 (Meaning of CBRE coordinator) 1 Section 16, `CBRE coordinator'-- 2 omit, insert-- 3 `CBRE commander'. 4 Clause 15 Insertion of new pt 3A 5 After section 43-- 6 insert-- 7 `Part 3A Relationship between 8 emergencies 9 `43A Emergency situation 10 `(1) An emergency situation may be declared to exist even though 11 a terrorist emergency or CBR emergency has been declared to 12 exist for all or part of the same situation. 13 `(2) However, the emergency situation has no effect for the area 14 for which the terrorist emergency has been declared to exist or 15 to the extent to which the CBR emergency has been declared 16 to exist. 17 `(3) If a terrorist emergency is declared to exist for all or part of an 18 area for which an emergency situation has been declared to 19 exist, the emergency situation is of no effect for the area or 20 part. 21 `(4) If a CBR emergency is declared to exist for all or part of a 22 situation for which an emergency situation has been declared 23 to exist, the emergency situation is of no effect to the extent 24 the CBR emergency has been declared to exist. 25 `(5) An emergency situation is affected under subsection (2), (3) 26 or (4) by the existence of a terrorist or CBR emergency only 27 while the terrorist or CBR emergency is in force. 28

s 16 22 s 16 Terrorism Legislation Amendment Bill 2007 `43B Terrorist emergency 1 `(1) A terrorist emergency may be declared to exist even though an 2 emergency situation or a CBR emergency has been declared 3 to exist for all or part of the same situation. 4 `(2) The declared area may be all, partly or not included in a 5 declaration under part 2. 6 `(3) Subject to section 43A, the terrorist emergency and the 7 emergency situation, or CBR emergency, operate in 8 conjunction with each other. 9 `43C CBR emergency 10 `(1) A CBR emergency may be declared to exist even though an 11 emergency situation or terrorist emergency has been declared 12 to exist for all or part of the same situation. 13 `(2) Subject to section 43A, the CBR emergency and the 14 emergency situation, or terrorist emergency, operate in 15 conjunction with each other. 16 `43D Multiple appointments 17 `(1) Nothing in this Act prevents a person holding or being 18 appointed to more than position as commander under this Act. 19 `(2) In this section-- 20 commander means any of the following-- 21 (a) emergency commander; 22 (b) terrorist emergency commander; 23 (c) terrorist emergency forward commander; 24 (d) CBRE commander.'. 25 Clause 16 Insertion of new ss 49 and 50 26 After section 48-- 27 insert-- 28

s 17 23 s 17 Terrorism Legislation Amendment Bill 2007 `49 Application of Police Powers and Responsibilities 1 Act 2000 to a direction given by a police officer 2 under this Act 3 `The Police Powers and Responsibilities Act 2000 applies as if 4 a direction given by a police officer under this Act were a 5 direction given under that Act. 6 `50 Powers unaffected by failure to comply with formal 7 provision 8 `A failure to comply with any of the following provisions in 9 relation to an emergency has no effect on the exercise of 10 powers in relation to the emergency-- 11 (a) for an emergency situation--section 5(2); 12 (b) for a terrorist emergency--sections 8G(4) and (6) to (8) 13 and 8J; 14 (c) for a CBR emergency--section 12(5).'. 15 Clause 17 Amendment of schedule (Dictionary) 16 (1) Schedule, definitions CBRE coordinator and incident 17 coordinator-- 18 omit. 19 (2) Schedule-- 20 insert-- 21 `appropriately qualified, for an appointment, or a delegation 22 of a function, includes having the qualifications, experience or 23 standing appropriate for the appointment or appropriate to 24 perform the function delegated, or, if the function is a power, 25 to exercise the power delegated. 26 Example of standing in relation to a police officer-- 27 the rank of the police officer 28 CBRE commander see section 16. 29 declared area see section 8G(1). 30

s 18 24 s 19 Terrorism Legislation Amendment Bill 2007 deputy commissioner means an executive officer within the 1 Queensland Police Service holding rank as deputy 2 commissioner. 3 reasonably suspects means suspects on grounds that are 4 reasonable in the circumstances. 5 search see the Police Powers and Responsibilities Act 2000, 6 schedule 6. 7 terrorist act see the Police Powers and Responsibilities Act 8 2000, section 211. 9 terrorist emergency means a terrorist emergency declared 10 under section 8G(1). 11 terrorist emergency certificate see section 8G(4). 12 terrorist emergency officer see section 8K. 13 terrorist emergency powers means the powers conferred 14 under part 2A for a terrorist emergency on the terrorist 15 emergency forward commander or a police officer acting 16 under the forward commander's instructions. 17 terrorist emergency site see section 8A(1)(b).'. 18 Part 5 Amendment of Terrorism 19 (Preventative Detention) Act 20 2005 21 Clause 18 Act amended in pt 5 and schedule 22 This part and the schedule amend the Terrorism (Preventative 23 Detention) Act 2005. 24 Clause 19 Insertion of new s 7A 25 Part 1-- 26 insert-- 27

s 20 25 s 21 Terrorism Legislation Amendment Bill 2007 `7A Freedom of Information Act 1992 1 `The Freedom of Information Act 1992 does not apply to 2 documents, within the meaning of that Act, received or 3 brought into existence in carrying out activities under this 4 Act.'. 5 Clause 20 Amendment of s 13 (Presence or absence at application 6 for order of detainee and other persons) 7 (1) Section 13(3)-- 8 insert-- 9 `(d) the PIM, if section 14 applies.'. 10 (2) Section 13(4), after `limit'-- 11 insert-- 12 `or extend'. 13 Clause 21 Amendment of s 23 (Notice to and representations by the 14 person) 15 (1) Section 23(1)(a), `of the grounds'-- 16 omit. 17 (2) Section 23-- 18 insert-- 19 `(3A) For the hearing, the written summary given to the person must 20 also be given to the issuing authority. 21 `(3B) If the issuing authority is not reasonably satisfied that the 22 written summary fairly and accurately informs the person of 23 the nature and cause of the application, the issuing authority 24 must direct the applicant to provide the person with more 25 information about the application. 26 `(3C) The applicant is not required to provide under subsection (3B) 27 information that could, if disclosed, reasonably be expected-- 28 (a) to prejudice the maintenance or enforcement of a lawful 29 method or procedure for protecting public safety; or 30 (b) to prejudice national security.'. 31

s 22 26 s 24 Terrorism Legislation Amendment Bill 2007 Clause 22 Amendment of s 27 (Application for extension of final 1 order) 2 (1) Section 27, `an issuing'-- 3 omit, insert-- 4 `the issuing'. 5 (2) Section 27-- 6 insert-- 7 `(2) If practicable, the application must be made to the issuing 8 authority who made the final order.'. 9 Clause 23 Amendment of s 29 (Notice to and representations by the 10 person) 11 Section 29(1)(a), `of the grounds'-- 12 omit. 13 Clause 24 Insertion of new pt 2, div 3A 14 Part 2-- 15 insert-- 16 `Division 3A Legal Aid 17 `31A Order for free legal assistance 18 `(1) This section applies if-- 19 (a) a person in detention under an initial order does not have 20 legal representation; and 21 (b) an application is made to the issuing authority for a final 22 order. 23 `(2) The issuing authority must require the person to advise the 24 issuing authority within a stated period the issuing authority 25 considers reasonable (the period) that the person has or has 26 not arranged for legal representation or does not want legal 27 representation. 28 `(3) The issuing authority must make the order in subsection (4) 29 unless the person advises the issuing authority within the 30

s 25 27 s 25 Terrorism Legislation Amendment Bill 2007 period that the person has arranged for legal representation or 1 does not want legal representation. 2 `(4) The order is that the person be given free legal assistance for 3 the period of the person's detention for any detention 4 proceeding. 5 `(5) In this section-- 6 detention proceeding means-- 7 (a) the application for the final order or another application 8 under this Act for a preventative detention order; or 9 (b) an application to the Supreme Court under section 71 or 10 72 or under the Judicial Review Act 1991 in relation to 11 an application for, or the making of, a preventative 12 detention order. 13 legal representation means representation by a lawyer. 14 `31B Effect of order 15 `(1) Legal Aid must give the person free legal assistance as 16 required by the order as if it had granted an application under 17 the Legal Aid Queensland Act 1997 for free legal assistance. 18 `(2) A lawyer provided by the free legal assistance is the person's 19 legal representative only in relation to the person's detention 20 and only while the person is in detention under this Act.'. 21 Clause 25 Amendment of s 35 (Revocation of preventative detention 22 order or prohibited contact order) 23 (1) Section 35(1), after `must apply'-- 24 insert-- 25 `, as soon as practicable,'. 26 (2) Section 35(3), after `must apply'-- 27 insert-- 28 `, as soon as practicable,'. 29

s 26 28 s 28 Terrorism Legislation Amendment Bill 2007 Clause 26 Amendment of s 38 (Nominated police officer to oversee 1 functions and powers) 2 Section 38(4)-- 3 insert-- 4 `(g) having the preventative detention order revoked.'. 5 Clause 27 Amendment of s 40 (Requirement to provide name etc.) 6 Section 40(4)(c) and (d)-- 7 omit, insert-- 8 `(c) his or her rank.'. 9 Clause 28 Insertion of new ss 43A and 43B 10 Part 3-- 11 insert-- 12 `43A Search involving removal of clothing 13 `(1) Subsection (2) applies if a police officer who takes a person 14 into custody under a preventative detention order, or who is 15 present when a person is taken into custody, reasonably 16 suspects the person is carrying an item that may result in loss 17 of life or serious physical harm. 18 `(2) The police officer may require the person to remove all items 19 of clothing or all items of clothing from the upper or lower 20 part of the body. 21 `43B Safeguards apply 22 `The following provisions of the Police Powers and 23 Responsibilities Act 2000 apply to a search under section 42, 24 43 or 43A-- 25 � section 624 (General provision about searches of 26 persons) 27 � section 625 (Taking a person to another place to search) 28 � section 626 (Limitation on period of detention for 29 search) 30

s 29 29 s 31 Terrorism Legislation Amendment Bill 2007 � section 628 (Dealing with persons who obstruct search 1 of person or vehicle) 2 � section 630 (Protecting the dignity of persons during 3 search) 4 � section 631 (Special requirements for searching children 5 and persons with impaired capacity) 6 � section 632 (If video cameras monitor place where 7 person is searched).'. 8 Clause 29 Amendment of s 45 (Release of person from preventative 9 detention) 10 Section 45(1), note-- 11 omit, insert-- 12 `Note-- 13 A person may be released, for example, so that the person on being 14 arrested for an offence may be charged and otherwise dealt with for the 15 offence.'. 16 Clause 30 Amendment of s 46 (Arrangement for detainee to be held) 17 Section 46-- 18 insert-- 19 `(16) In this section-- 20 preventative detention order, in subsections (6) and (7), 21 includes a copy of a preventative detention order certified as a 22 true copy by the issuing authority that issued the order.'. 23 Clause 31 Amendment of s 47 (Effect of initial order to be explained 24 to person detained) 25 (1) Section 47(2)-- 26 insert-- 27 `(da) unless it is clear the person is not under 16 years of age, 28 the fact that a preventative detention order can not be 29 made for a person under 16 years of age; and'. 30

s 32 30 s 32 Terrorism Legislation Amendment Bill 2007 (2) Section 47(2)-- 1 insert-- 2 `(ga) the person's entitlement under section 56 to contact 3 persons mentioned in the section; and'. 4 (3) Section 47(2)(h), `and work telephone number'-- 5 omit, insert-- 6 `, rank and station'. 7 (4) Section 47-- 8 insert-- 9 `(5) For subsection (2)(h), the police officer must assist the person 10 to contact the nominated police officer if the person requests 11 assistance.'. 12 Clause 32 Amendment of s 48 (Effect of final order to be explained 13 to person detained) 14 (1) Section 48(2)-- 15 insert-- 16 `(ga) the person's entitlement under section 56 to contact 17 persons mentioned in the section; and'. 18 (2) Section 48(2)(h), `and work telephone number'-- 19 omit, insert-- 20 `, rank and station'. 21 (3) Section 48-- 22 insert-- 23 `(5) For subsection (2)(h), the police officer must assist the person 24 to contact the nominated police officer if the person requests 25 assistance.'. 26

s 33 31 s 33 Terrorism Legislation Amendment Bill 2007 Clause 33 Amendment of s 51 (Copy of preventative detention order 1 and summary of grounds) 2 (1) Section 51(1)(b)-- 3 omit, insert-- 4 `(b) a summary of the grounds of the application on which 5 the order was made (the summary); and 6 (c) a copy of the reasons for the decision of the issuing 7 authority in making the order that were given to the 8 applicant.'. 9 (2) Section 51-- 10 insert-- 11 `(1A) If the initial order is extended or further extended, the police 12 officer detaining the person under the order must, as soon as 13 practicable, give the person-- 14 (a) a copy of the order for the extension or further 15 extension; and 16 (b) a summary of the grounds of the application on which 17 the extension or further extension was made (the 18 summary).'. 19 ((3) Section 51(2)-- 20 omit. 21 (4) Section 51(4)(d)-- 22 omit, insert-- 23 `(d) a summary of the grounds of the application on which 24 the order was made (also the summary); and 25 (e) a copy of the reasons for the decision of the issuing 26 authority in making the order that were given to the 27 applicant.'. 28 (5) Section 51-- 29 insert-- 30 `(4A) If the final order is extended or further extended, the police 31 officer who is detaining the person under the order must, as 32 soon as practicable, give the person-- 33

s 34 32 s 34 Terrorism Legislation Amendment Bill 2007 (a) a copy of the order for the extension or further 1 extension; and 2 (b) a summary of the grounds of the application on which 3 the extension or further extension was made (the 4 summary); and 5 (c) a copy of the reasons for the decision of the issuing 6 authority in making the extension or further extension 7 that were given to the applicant.'. 8 `(4B) Subsections (1), (1A), (4) and (4A) do not require any 9 information to be disclosed-- 10 (a) if the disclosure of the information is likely to prejudice 11 national security; or 12 (b) if the information would not have to be disclosed in a 13 proceeding because of the Police Powers and 14 Responsibilities Act 2000, section 803.'. 15 Clause 34 Amendment of s 53 (Questioning of person prohibited 16 while person detained) 17 (1) Section 53, heading-- 18 omit, insert-- 19 `53 Restrictions on questioning detained person'. 20 (2) Section 53-- 21 insert-- 22 `(3) If a police officer questions a person while the person is being 23 detained under a preventative detention order, the police 24 officer who is detaining the person must ensure that the 25 questioning is electronically recorded. 26 `(4) Subsection (3) does not apply if-- 27 (a) the questioning is for the purposes of-- 28 (i) finding out whether the person is the person stated 29 in the preventative detention order; or 30 (ii) ensuring the safety and well being of the person 31 being detained; and 32

s 35 33 s 36 Terrorism Legislation Amendment Bill 2007 (b) complying with subsection (3) is not practicable 1 because of the seriousness and urgency of the 2 circumstances in which the person is questioned. 3 `(5) A recording under subsection (3) must be kept until the end of 4 the following, whichever is the later-- 5 (a) a period of 12 months after the recording is made; 6 (b) if court proceedings relating to the order are conducted 7 at any time during the 12 month period--the court 8 proceedings; 9 (c) if a police investigation relating to the order is 10 conducted at any time during the 12 month period--the 11 investigation and any court proceedings relating to the 12 investigation.'. 13 Clause 35 Amendment of s 54 (Offences of contravening 14 safeguards) 15 Section 54(e), words inside brackets-- 16 omit, insert-- 17 `Restrictions on questioning detained person'. 18 Clause 36 Amendment of s 58 (Contacting lawyer) 19 (1) Section 58(1), from `but solely for the purpose of--'-- 20 omit, insert-- 21 `on any matter.'. 22 (2) Section 58-- 23 insert-- 24 `(1A) If a police officer detaining a person under a preventative 25 detention order has reasonable grounds to believe that the 26 person-- 27 (a) is unable, because of inadequate knowledge of the 28 English language, or a disability, to communicate with 29 reasonable fluency in the language; and 30 (b) therefore may have difficulties in choosing or contacting 31 a lawyer; 32

s 37 34 s 38 Terrorism Legislation Amendment Bill 2007 the police officer must give reasonable assistance to the 1 person to choose and contact a lawyer under subsection (1), 2 including by arranging for the assistance of an interpreter.'. 3 Clause 37 Amendment of s 59 (Monitoring contact under section 56, 4 58 or 61) 5 (1) Section 59, heading, `section 56'-- 6 omit, insert-- 7 `s 56'. 8 (2) Section 59(5), `for a purpose'-- 9 omit. 10 (3) Section 59(1), after `58'-- 11 insert-- 12 `(subject to section 59A)'. 13 (4) Section 59-- 14 insert-- 15 `(6) In this section-- 16 listening device see the Police Powers and Responsibilities 17 Act 2000, schedule 6. 18 monitored means monitored directly by a person who is 19 present and not by way of a listening device.'. 20 Clause 38 Insertion of new s 59A 21 After section 59-- 22 insert-- 23 `59A Restrictions on monitoring contact with lawyer 24 `(1) Section 59(1) to (3) does not apply to the contact that the 25 person being detained has under section 58 with a 26 security-cleared lawyer. 27 `(2) However, if a person is detained under a final order, the 28 issuing authority may make an order on application by a 29 police officer that section 59(1) to (3) applies to contact with 30 the person. 31

s 39 35 s 39 Terrorism Legislation Amendment Bill 2007 `(3) An application under subsection (2) may be made when the 1 final order is made or at any time after the final order is made. 2 `(4) If practicable, the application must be made to the issuing 3 authority that makes the final order. 4 `(5) The application may only be made on notice to the lawyer. 5 `(6) At the hearing of the application, the lawyer is entitled to 6 question a person giving information to the issuing authority 7 and to make representations. 8 `(7) Subsection (6) does not require any information to be 9 disclosed-- 10 (a) if the disclosure of the information is likely to prejudice 11 national security; or 12 (b) if the information would not have to be disclosed in a 13 proceeding because of the Police Powers and 14 Responsibilities Act 2000, section 803 (Protection of 15 methodologies).'. 16 `(8) The issuing authority may make the order only if it is satisfied 17 on reasonable grounds that making the monitoring order will 18 assist in achieving the purpose for which the preventative 19 detention order was made.'. 20 Clause 39 Amendment of s 61 (Child or person of impaired capacity 21 to be contacted by relevant chief executive) 22 (1) Section 61, heading, `Child or person of impaired capacity'-- 23 omit, insert-- 24 `Particular persons'. 25 (2) Section 61(1)-- 26 omit, insert-- 27 `(1) This section also applies if the police officer detaining a 28 person under a preventative detention order believes or 29 suspects the person-- 30 (a) is a child; or 31 (b) is of impaired capacity; or 32 (c) has a mental illness.'. 33

s 40 36 s 41 Terrorism Legislation Amendment Bill 2007 Clause 40 Amendment of s 62 (The relevant chief executive and the 1 chief executive's delegate) 2 Section 62(1) and (2)-- 3 omit, insert-- 4 `(1) For section 61, for a person being detained under a 5 preventative detention order, the relevant chief executive is 6 the following chief executive-- 7 (a) for a person who is or is suspected to be a child--the 8 chief executive within the meaning of the Juvenile 9 Justice Act 1992; 10 (b) for a person who is or is suspected to be a person of 11 impaired capacity--the chief executive within the 12 meaning of the Disability Services Act 2006; 13 (c) for a person who has or is suspected to have, a mental 14 illness--the chief executive of the department within 15 which the Mental Health Act 2000 is administered. 16 `(2) The relevant chief executive's power to delegate a function 17 under the following provisions includes the power to delegate 18 the functions of the chief executive under section 61-- 19 � the Disability Services Act 2006, section 228 20 � the Juvenile Justice Act 1992, section 312 21 � the Public Service Act 1996, section 57. 22 Clause 41 Amendment of s 64 (Lawyer) 23 (1) Section 64(d)(iv) `; and'-- 24 omit, insert-- 25 `; or'. 26 (2) Section 64(d)-- 27 insert-- 28 `(v) an application for legal assistance; and'. 29

s 42 37 s 44 Terrorism Legislation Amendment Bill 2007 Clause 42 Amendment of s 65 (Parent/guardian) 1 Section 65(1)(c), before `60'-- 2 insert-- 3 `58 or'. 4 Clause 43 Amendment of s 72 (Review by Supreme Court initiated 5 by police officer detaining a person) 6 (1) Section 72(1), `within 7 days'-- 7 omit, insert-- 8 `, at the end of the period mentioned in subsection (4)'. 9 (2) Section 72-- 10 insert-- 11 `(4) For subsection (1), the period is the later of the following-- 12 (a) 7 days after the person is detained under the preventative 13 detention order; 14 (b) if the preventative detention order under which the 15 person is detained has been extended or further 16 extended--7 days after the order is extended or further 17 extended.'. 18 Clause 44 Insertion of new s 80A 19 Part 7-- 20 insert-- 21 `80A No cost orders against person detained 22 `(1) This section applies to a person who is or has been detained 23 under a preventative detention order and who makes an 24 application under this Act. 25 `(2) A cost order can not be made against the person for the 26 application.'. 27

s 45 38 s 46 Terrorism Legislation Amendment Bill 2007 Clause 45 Insertion of new pt 8 1 After section 84-- 2 insert-- 3 `Part 8 Transitional provision 4 `85 Application of s 7A 5 `Section 7A applies to any activity or record even if the 6 activity happened or the record was brought into existence 7 before the commencement of the section.'. 8 Clause 46 Amendment of schedule (Dictionary) 9 (1) Schedule-- 10 insert-- 11 `Legal Aid see the Legal Aid Queensland Act 1997, schedule. 12 legal assistance see the Legal Aid Queensland Act 1997, 13 schedule.'. 14 (2) Schedule, definition ASIO warrant, `34D'-- 15 omit, insert-- 16 `34E'. 17 (3) Schedule, definition issuing authority-- 18 insert-- 19 `Note-- 20 The phrase `the issuing authority' is uniformly used for all purposes, as 21 opposed to varying references to `the issuing authority' or `an issuing 22 authority.'. 23 (4) Schedule, definition senior police officer, paragraph (a), after 24 `38'-- 25 insert-- 26 `, 45'. 27

39 Terrorism Legislation Amendment Bill 2007 Schedule Minor amendments 1 sections 5, 7 and 18 2 Police Powers and Responsibilities Act 2000 3 1 Section 211, heading, `for ch 9'-- 4 omit. 5 2 Section 742(4)(b), `an issuing authority'-- 6 omit, insert-- 7 `the issuing authority'. 8 3 Schedule 6, definitions terrorism and terrorist act, `, for 9 chapter 9,'-- 10 omit. 11 Public Safety Preservation Act 1986 12 1 Sections 5(2), (3) and (5), 6(1), 8, 12(1), 18, 46(1), 47(2) and 13 48, `incident coordinator'-- 14 omit, insert-- 15 `emergency commander'. 16 2 Section 8(1), `incident coordinator's'-- 17 omit, insert-- 18 `emergency commander's'. 19

40 Terrorism Legislation Amendment Bill 2007 Schedule (continued) 3 Section 6(1)-- 1 omit. 2 4 Sections 11(2) and (3), 12(2) to (5), 15(2), (3) and (5), 16(b), 3 17(1) and (2), 18, 19(1), (5) and (8), 20(2), 21(2), 22(2), 4 23(2), 24(2), 27(3)(b), 32(1) and (2), 33, 34(1), 35(3), 38(1), 5 46(1), 47(2) and 48, `CBRE coordinator-- 6 omit, insert-- 7 `CBRE commander'. 8 5 Sections 11(3) and 32(1), `the coordinator'-- 9 omit, insert-- 10 `the commander'. 11 6 Part 3, division 3, heading, `CBRE coordinator's'-- 12 omit, insert-- 13 `CBRE commander's'. 14 7 Part 3, division 3, subdivision 1, heading, `CBRE 15 coordinator'-- 16 omit, insert-- 17 `CBRE commander'. 18 8 Section 38, heading, `coordinator's'-- 19 omit, insert-- 20 `commander's'. 21 9 Schedule, definition CBRE emergency powers, `CBRE 22 coordinator'-- 23 omit, insert-- 24 `CBRE commander'. 25

41 Terrorism Legislation Amendment Bill 2007 Schedule (continued) 10 Schedule-- 1 insert-- 2 `emergency commander see section 5(1).'. 3 11 Schedule, definition incident coordinator-- 4 omit. 5 Terrorism (Preventative Detention) Act 2005 6 1 Section 14, before `issuing', `an'-- 7 omit, insert-- 8 `the'. 9 2 Section 15(1), `initial preventative detention order'-- 10 omit, insert-- 11 `preventative detention order under section 17'. 12 3 Section 15(3)(b), `may'-- 13 omit, insert-- 14 `should'. 15 4 Section 22(1), after `preventative detention order'-- 16 insert-- 17 `under section 25'. 18

42 Terrorism Legislation Amendment Bill 2007 Schedule (continued) 5 Section 25(1), before `police', `a'-- 1 omit, insert-- 2 `the'. 3 6 Section 25(4), before `detained' second occurring-- 4 insert-- 5 `further'. 6 7 Section 27, `final', last occurring-- 7 omit. 8 8 Section 46(10), `in'-- 9 omit, insert-- 10 `at'. 11 9 Section 47(2)(e), `any'-- 12 omit, insert-- 13 `the'. 14 10 Section 48(2)(d), `any'-- 15 omit, insert-- 16 `the'. 17 11 Section 51(4)(a), before `person'-- 18 insert-- 19 `a'. 20

43 Terrorism Legislation Amendment Bill 2007 Schedule (continued) 12 Sections 54, 64, 65(1), 66, 67, 68, penalty, `Imprisonment 1 for 2 years'-- 2 omit, insert-- 3 `2 years imprisonment'. 4 13 Section 60(11)(b), `if it is reasonably practicable to do 5 so'-- 6 omit, insert-- 7 `if services are to be provided under paragraph (a)'. 8 14 Section 69(6), notes, after `under'-- 9 insert-- 10 `section'. 11 15 Section 77(1), before `issuing', `an'-- 12 omit, insert-- 13 `the'. 14 � State of Queensland 2007

AMENDMENTS TO BILL

1 Terrorism Legislation Amendment Bill 2007 Terrorism Legislation Amendment Bill 2007 Amendments agreed to during Consideration 1 Schedule (Minor amendments)-- At page 39, line 13, `6(1)'-- omit, insert-- `6(2)'. 2 Schedule (Minor amendments)-- At page 41, lines 4 and 5-- omit.

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