TERRORISM (COMMUNITY PROTECTION) ACT 2003 - SECT 21H How authorisation may be given

TERRORISM (COMMUNITY PROTECTION) ACT 2003 - SECT 21H

    (1)     This section applies to an interim authorisation given by the Chief Commissioner in accordance with this Division.

    (2)     An authorisation may be given orally or by instrument in writing.

    (3)     If the authorisation is given orally, it must be confirmed by instrument in writing as soon as it is reasonably practicable to do so and, in any event, before an application is made to the Supreme Court in respect of the matter.

S. 21H(3A) inserted by No. 32/2018 s. 48.

    (3A)     If the Chief Commissioner gives an interim authorisation without the approval of the Premier in accordance with section 21D(1A) or 21E(1A), the Chief Commissioner must, as soon as practicable, give a copy of the authorisation to—

        (a)     the Premier; and

        (b)     if the Premier has delegated the power to approve an interim authorisation to a Minister, the Minister.

    (4)     An authorisation must—

        (a)     state that it is given under this Part; and

        (b)     describe the general nature of the terrorist act or threatened terrorist act to which it applies; and

        (c)     name or describe the person, vehicle or area targeted by the authorisation; and

        (d)     specify the date on which and time at which it begins to have effect; and

        (e)     specify the date on which and time at which it ceases to have effect.

S. 21I inserted by No. 5/2006 s. 5.