TERRORISM (POLICE POWERS) ACT 2002 - SECT 25O
Application of other legislation
TERRORISM (POLICE POWERS) ACT 2002 - SECT 25O
Application of other legislation
25O Application of other legislation
(1) The following provisions of the
Law Enforcement (Powers and Responsibilities) Act 2002 (and the regulations
and other instruments made under that Act in connection with those provisions)
extend (subject to this Part) to the powers of police officers under this
Part, with any modifications prescribed by the regulations and any other
necessary modifications--
(a) Part 9 (Investigations and questioning), other
than the provisions of that Part relating to the maximum period of detention
for investigation,
(b) Part 10 (Other powers relating to persons in custody
and to other offenders),
(c) Part 15 (Safeguards relating to powers),
(d)
Part 18 (Use of force),
(e) section 232 (Protection of police acting in
execution of warrant),
(f) any other provisions prescribed by the
regulations.
(2) The provisions of the Crimes (Forensic Procedures) Act 2000
(and the regulations and other instruments made under that Act) relating to
suspects extend (subject to this Part) to terrorism suspects arrested under
this Part.
(3) A reference in the provisions referred to in subsections (1)
and (2)--
(a) to an investigation as to whether a detained person committed
the offence for which the person is arrested--is to be construed as including
a reference to an investigation for the purposes of assisting in responding to
or preventing a terrorist act, or
(b) to Part 9 of the Law Enforcement
(Powers and Responsibilities) Act 2002 or to an investigation period under
that Part--is to be construed as including a reference to this Part or to a
period of investigative detention under this Part.
(4) Nothing in this Part
prevents a terrorism suspect from being arrested under another law on the
termination of an arrest under this Part, or from being arrested under this
Part on the termination of an arrest under another law, in relation to the
same terrorist act. Any such period of detention under this Part is to be
taken into account for the purposes of determining whether an investigation
period under another law is reasonable, and any such period of detention under
another law is to be taken into account for the purposes of the issue of a
detention warrant under this Part.
(5) In subsection (4), a reference to
another law is a reference to another law of this jurisdiction or, to the
extent that the legislative power of Parliament permits, a reference to a law
of the Commonwealth or of any other jurisdiction.
