COMMONWEALTH HEADS OF GOVERNMENT MEETING (SPECIAL POWERS) ACT 2011 (NO. 23 OF 2011)

Table of Provisions

• Long Title
• Preamble

PART 1 -- Preliminary  

• 1 Short title  
• 2 Commencement  
• 3 Terms used  
• 4 Purpose  
• 5 Act binds Crown  

PART 2 -- CHOGM security areas  

Division 1 -- Core security areas  

• 6 Core security areas  
• 7 Other matters may be stated in regulations declaring core security area  

Division 2 -- Additional security areas  

• 8 Additional security areas  
• 9 Urgent order declaring additional security area  
• 10 Gazetting of order can be dispensed with  
• 11 Other matters may be stated in order declaring additional security area  

Division 3 -- Restricted areas  

• 12 Restricted areas  
• 13 Public notification of restricted area  

Division 4 -- CHOGM events  

• 14 Order declaring CHOGM event  
• 15 Urgent order declaring CHOGM event  
• 16 Gazetting of order can be dispensed with  

Division 5 -- Further provisions relating to orders  

• 17 Application of Interpretation Act 1984 to orders  
• 18 Orders not open to challenge  

PART 3 -- Special powers in relation to CHOGM security areas  

Division 1 -- Application  

• 19 Special powers only available during CHOGM period  
• 20 Restrictions on exercise of special powers  

Division 2 -- Stop and search powers  

• 21 Check points, cordons and roadblocks  
Subdivision 2 -- Powers in relation to people  
• 22 Power to require disclosure of identity  
• 23 Power to require reasons for entry to, or presence in, CHOGM security area  
• 24 Power to search persons  
• 25 Basic searches and frisk searches  
• 26 Ancillary powers for searches  
• 27 Use of electronic screening devices  
Subdivision 3 -- Powers in relation to vehicles and vessels  
• 28 Power to stop and search vehicles or vessels  

Division 3 -- Surrender and seizure of prohibited items  

• 29 Power to require surrender of, or to seize and detain, prohibited items  
• 30 Disposal of prohibited items surrendered, seized or detained  
• 31 Power to seize things relevant to offence  
• 32 Application of Criminal and Found Property Disposal Act 2006  

Division 4 -- Directions  

• 33 Power to give directions  

Division 5 -- Road closures  

• 34 Power to close roads  
• 35 Effect of road closure  

Division 6 -- Removal of vehicles, vessels and things  

• 36 Removal of vehicles, vessels and things from CHOGM security area  
• 37 Removal of unauthorised vehicles or things from closed road  
• 38 Further provisions relating to removal of vehicles etc.  
• 39 Additional powers in relation to removing vehicles and vessels  
• 40 Notification of removal  
• 41 Application of Criminal and Found Property Disposal Act 2006  

Division 7 -- Powers to refuse entry to, and remove from, security area  

• 42 Excluded persons list  
• 43 Exclusion of persons from CHOGM security areas  

PART 4 -- Additional special powers in relation to restricted areas  

Division 1 -- Preliminary  

• 44 Relationship of this PART with Part 3  

Division 2 -- Special powers in relation to restricted areas  

• 45 Powers available only during CHOGM period  
• 46 Restrictions on exercise of special powers  
• 47 Power to enter and search premises  
• 48 Power to obtain disclosure of identity  

Division 3 -- Exclusion of persons from restricted areas  

• 49 Exclusion of persons from restricted areas  

PART 5 -- Recognition of law enforcement officers and authorised persons  

Division 1 -- Recognition of law enforcement officers of other jurisdictions  

• 50 Recognition of law enforcement officers of other jurisdictions  
• 51 Cancellation, expiry and re-appointment  
• 52 Functions of recognised law enforcement officers  
• 53 Command and control of recognised law enforcement officers  
• 54 Identity card  
• 55 Production or display of identity card  

Division 2 -- Authorised persons  

• 56 Appointment of authorised persons  
• 57 Cancellation and expiry  
• 58 Statement of powers  
• 59 Identity card  
• 60 Production or display of identity card  

Division 3 -- General  

• 61 Appointment does not make appointee public servant  
• 62 Appointees are public officers  

PART 6 -- Offences  

Division 1 -- Offences relating to CHOGM security areas  

• 63 Unauthorised entry to CHOGM security area  
• 64 Unauthorised entry to restricted area  
• 65 Interference with CHOGM event  
• 66 Prohibited items  
• 67 Failure to disclose personal details or provide proof of personal details  
• 68 Re-entering CHOGM security area after being removed  

Division 2 -- Offence relating to closed roads  

• 69 Unauthorised use of closed road  

Division 3 -- Offence relating to identity cards  

• 70 Failure to return identity card  

Division 4 -- Offence relating to airspace  

• 71 Offence relating to unauthorised entry into restricted airspace  

PART 7 -- Miscellaneous  

Division 1 -- Matters of justification or excuse  

• 72 Special justification  
• 73 Onus of proof of lawful excuse etc.  

Division 2 -- Evidential matters  

• 74 Proof of unpublished orders and of appointments  

Division 3 -- Exercise of powers  

• 75 Use of force by police officers and authorised persons  
• 76 Provision relating to powers  

Division 4 -- Relationship with other laws  

• 77 Relationship with other laws  

Division 5 -- Immunities  

• 78 No liability in nuisance  
• 79 Protection from liability for wrongdoing  

Division 6 -- Other provisions  

• 80 Power of delegation  
• 81 Corruption and Crime Commission may provide assistance  
• 82 Regulations  

Division 7 -- Review of Act  

• 83 Review of Act  

PART 8 -- Examinations before Corruption and Crime Commission  

Division 1 -- Preliminary  

• 84 Part to be read with Corruption and Crime Commission Act 2003  
• 85 Terms used  
• 86 Purpose of this Part  

Division 2 -- Examinations before Corruption and Crime Commission  

• 87 Commissioner of Police may ask Commission to hold examination  
• 88 Commission, on application of police, may summons witness  
• 89 Examination of witnesses by Commissioner of Police  
• 90 Examination of witness about offence with which witness is charged  
• 91 Application of provisions of CCC Act  

Division 3 -- Miscellaneous  

• 92 Delegation by Commissioner of Police  
• 93 Judicial review excluded  

PART 9 -- Corruption and Crime Commission Act 2003 amended  

• 94 Act amended  
• 95 Section 91 amended  

PART 10 -- Expiry of Act  

• 96 Expiry of Act  

[Assented to 11 July 2011]