POLICE ACT 1998 - SECT 74B
POLICE ACT 1998 - SECT 74B
74B—Terrorism intelligence and terrorism notifications
(1) The regulations
may designate a law enforcement authority, or any
other authority, as a "terrorism intelligence authority".
(2) Information may be
classified by a terrorism intelligence authority as
"terrorism intelligence" in accordance with procedures prescribed by the
regulations.
(3) In any proceedings
before a court, the court—
(a)
must, on the application of a terrorism intelligence authority, take steps to
maintain the confidentiality of information properly classified by the
authority as terrorism intelligence, including steps to receive evidence and
hear argument about the information in private in the absence of the parties
to the proceedings and their representatives; and
(b) may
take evidence consisting of or relating to information so classified by the
terrorism intelligence authority by way of affidavit of a police officer of or
above the rank of superintendent or another person authorised by the
terrorism intelligence authority.
(4) A Minister may
enter into an agreement with 1 or more other Australian jurisdictions for
the provision, by a terrorism intelligence authority, of notifications
relating to persons suspected of terrorist offences, or of supporting or
otherwise being involved in terrorist offences, or of associating or being
affiliated with such persons.
(5) If an agreement is
entered into by a Minister under subsection (4), the Minister who entered
into the agreement must ensure that information relating to the agreement
(including information about the criteria on which terrorism notifications
will be provided by a terrorism intelligence authority) is provided, as soon
as practicable, to the Crime and Public Integrity Policy Committee of the
Parliament.
(6) A police officer
of or above the rank of inspector may, in accordance with guidelines issued by
the Commissioner, provide a notification relating to persons suspected of
terrorist offences, or of supporting or otherwise being involved in terrorist
offences, or of associating or being affiliated with such persons.
(7) If the
Commissioner issues guidelines under subsection (6), the Commissioner
must ensure that information relating to the guidelines (including information
about the criteria on which terrorism notifications will be provided by a
police officer, the manner in which such terrorism notifications will be
provided and the records that are to be kept in relation to each notification)
is provided, as soon as practicable, to the Crime and Public Integrity Policy
Committee of the Parliament.
(8) Information
provided to the Crime and Public Integrity Policy Committee of the Parliament
must not include any information classified as terrorism intelligence by a
terrorism intelligence authority.
(9) In any
proceedings, a certificate apparently signed by the Commissioner certifying
that, on a date specified in the certificate, a person specified in the
certificate was the subject of a terrorism notification is proof, in the
absence of evidence to the contrary, of the matter so certified.
(10) The regulations
may make other necessary or expedient provisions relating to the operations of
a terrorism intelligence authority in the State including (without
limitation)—
(a)
provisions specifying the manner in which determinations may be made by a
terrorism intelligence authority for the purposes of any law of the State;
(b)
provisions relating to the manner in which a terrorism intelligence authority
may participate in any proceedings in the State;
(c)
provisions relating to record keeping and reporting;
(d)
evidentiary provisions,
and such regulations may leave a matter or thing to be determined, dispensed
with, regulated or prohibited according to the discretion of a Minister, the
Commissioner or another specified person.
(11) The power to make
regulations under this section is in addition to any other power to make
regulations under this Act.
(12) In this
section—
"Commonwealth Criminal Code" means the Criminal Code set out in the Schedule
to the Criminal Code Act 1995 of the Commonwealth, or a law of the
Commonwealth that replaces that Code;
"terrorism intelligence" means information relating to actual or suspected
terrorist acts (whether in this State or elsewhere) the disclosure of which
could reasonably be expected to prejudice investigations into such acts, to
enable the discovery of the existence or identity of a confidential source of
information or to endanger a person's life or physical safety;
"terrorism notification" means a notification provided by a
terrorism intelligence authority under subsection (4) or a notification
provided by a police officer of or above the rank of inspector under
subsection (6);
"terrorist act" has the same meaning as in Part 5.3 of the
Commonwealth Criminal Code;
"terrorist offence" means—
(a) an
offence against Division 72 Subdivision A of the
Commonwealth Criminal Code (International terrorist activities using explosive
or lethal devices); or
(b) a
terrorism offence against Part 5.3 of the Commonwealth Criminal Code
(Terrorism) where the maximum penalty is 7 or more years imprisonment; or
(c) an
offence against Part 5.5 of the Commonwealth Criminal Code (Foreign
incursions and recruitment), except an offence against
subsection 119.7(2) or (3) (Publishing recruitment advertisements); or
(d) an
offence against the repealed Crimes (Foreign Incursions and Recruitment)
Act 1978 of the Commonwealth, except an offence against
paragraph 9(1)(b) or (c) of that Act (Publishing recruitment
advertisements); or
(e) an
offence of a kind prescribed by the regulations for the purposes of this
definition.