Western Australian Bills Western Australian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Commonwealth Heads of Government Meeting
(Special Powers) Bill 2011
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. Terms used 2
4. Purpose 5
5. Act binds Crown 6
Part 2 -- CHOGM security areas
Division 1 -- Core security areas
6. Core security areas 7
7. Other matters may be stated in regulations
declaring core security area 7
Division 2 -- Additional security areas
8. Additional security areas 8
9. Urgent order declaring additional security area 9
10. Gazetting of order can be dispensed with 9
11. Other matters may be stated in order declaring
additional security area 10
Division 3 -- Restricted areas
12. Restricted areas 10
13. Public notification of restricted area 11
Division 4 -- CHOGM events
14. Order declaring CHOGM event 12
15. Urgent order declaring CHOGM event 13
16. Gazetting of order can be dispensed with 13
188--2 page i
Commonwealth Heads of Government Meeting (Special Powers) Bill 2011
Contents
Division 5 -- Further provisions relating to
orders
17. Application of Interpretation Act 1984 to orders 14
18. Orders not open to challenge 14
Part 3 -- Special powers in relation
to CHOGM security areas
Division 1 -- Application
19. Special powers only available during CHOGM
period 15
20. Restrictions on exercise of special powers 15
Division 2 -- Stop and search powers
Subdivision 1 -- Check points, cordons and
roadblocks
21. Check points, cordons and roadblocks 16
Subdivision 2 -- Powers in relation to people
22. Power to require disclosure of identity 17
23. Power to require reasons for entry to, or presence
in, CHOGM security area 17
24. Power to search persons 18
25. Basic searches and frisk searches 18
26. Ancillary powers for searches 19
27. Use of electronic screening devices 20
Subdivision 3 -- Powers in relation to vehicles and
vessels
28. Power to stop and search vehicles or vessels 21
Division 3 -- Surrender and seizure of
prohibited items
29. Power to require surrender of, or to seize and
detain, prohibited items 22
30. Disposal of prohibited items surrendered, seized or
detained 23
31. Power to seize things relevant to offence 23
32. Application of Criminal and Found Property
Disposal Act 2006 24
Division 4 -- Directions
33. Power to give directions 24
page ii
Commonwealth Heads of Government Meeting (Special Powers) Bill 2011
Contents
Division 5 -- Road closures
34. Power to close roads 25
35. Effect of road closure 26
Division 6 -- Removal of vehicles, vessels and
things
36. Removal of vehicles, vessels and things from
CHOGM security area 26
37. Removal of unauthorised vehicles or things from
closed road 27
38. Further provisions relating to removal of vehicles
etc. 27
39. Additional powers in relation to removing vehicles
and vessels 27
40. Notification of removal 28
41. Application of Criminal and Found Property
Disposal Act 2006 28
Division 7 -- Powers to refuse entry to, and
remove from, security area
42. Excluded persons list 29
43. Exclusion of persons from CHOGM security areas 29
Part 4 -- Additional special powers
in relation to restricted areas
Division 1 -- Preliminary
44. Relationship of this Part with Part 3 33
Division 2 -- Special powers in relation to
restricted areas
45. Powers available only during CHOGM period 33
46. Restrictions on exercise of special powers 33
47. Power to enter and search premises 34
48. Power to obtain disclosure of identity 34
Division 3 -- Exclusion of persons from
restricted areas
49. Exclusion of persons from restricted areas 35
page iii
Commonwealth Heads of Government Meeting (Special Powers) Bill 2011
Contents
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 36
51. Cancellation, expiry and re-appointment 37
52. Functions of recognised law enforcement officers 37
53. Command and control of recognised law
enforcement officers 37
54. Identity card 38
55. Production or display of identity card 38
Division 2 -- Authorised persons
56. Appointment of authorised persons 39
57. Cancellation and expiry 39
58. Statement of powers 40
59. Identity card 40
60. Production or display of identity card 41
Division 3 -- General
61. Appointment does not make appointee public
servant 41
62. Appointees are public officers 41
Part 6 -- Offences
Division 1 -- Offences relating to CHOGM
security areas
63. Unauthorised entry to CHOGM security area 42
64. Unauthorised entry to restricted area 42
65. Interference with CHOGM event 43
66. Prohibited items 43
67. Failure to disclose personal details or provide
proof of personal details 43
68. Re-entering CHOGM security area after being
removed 43
Division 2 -- Offence relating to closed roads
69. Unauthorised use of closed road 44
page iv
Commonwealth Heads of Government Meeting (Special Powers) Bill 2011
Contents
Division 3 -- Offence relating to identity cards
70. Failure to return identity card 44
Division 4 -- Offence relating to airspace
71. Offence relating to unauthorised entry into
restricted airspace 44
Part 7 -- Miscellaneous
Division 1 -- Matters of justification or excuse
72. Special justification 46
73. Onus of proof of lawful excuse etc. 47
Division 2 -- Evidential matters
74. Proof of unpublished orders and of appointments 47
Division 3 -- Exercise of powers
75. Use of force by police officers and authorised
persons 48
76. Provision relating to powers 49
Division 4 -- Relationship with other laws
77. Relationship with other laws 49
Division 5 -- Immunities
78. No liability in nuisance 49
79. Protection from liability for wrongdoing 49
Division 6 -- Other provisions
80. Power of delegation 50
81. Corruption and Crime Commission may provide
assistance 51
82. Regulations 51
Division 7 -- Review of Act
83. Review of Act 52
Part 8 -- Examinations before
Corruption and
Crime Commission
Division 1 -- Preliminary
84. Part to be read with Corruption and Crime
Commission Act 2003 53
85. Terms used 53
86. Purpose of this Part 54
page v
Commonwealth Heads of Government Meeting (Special Powers) Bill 2011
Contents
Division 2 -- Examinations before Corruption
and Crime Commission
87. Commissioner of Police may ask Commission to
hold examination 54
88. Commission, on application of police, may
summons witness 55
89. Examination of witnesses by Commissioner of
Police 56
90. Examination of witness about offence with which
witness is charged 56
91. Application of provisions of CCC Act 57
Division 3 -- Miscellaneous
92. Delegation by Commissioner of Police 57
93. Judicial review excluded 58
Part 9 -- Corruption and Crime
Commission Act 2003 amended
94. Act amended 59
95. Section 91 amended 59
Part 10 -- Expiry of Act
96. Expiry of Act 60
Defined Terms
page vi
Western Australia
LEGISLATIVE ASSEMBLY
(As amended in Committee)
Commonwealth Heads of Government Meeting
(Special Powers) Bill 2011
A Bill for
An Act to give police officers, certain other persons and the
Corruption and Crime Commission special powers with respect to
the Commonwealth Heads of Government Meeting in Perth in 2011
and associated meetings, events, functions and activities, to amend
the Corruption and Crime Commission Act 2003 and for related
purposes.
The Parliament of Western Australia enacts as follows:
page 1
Commonwealth Heads of Government Meeting (Special Powers) Bill 2011
Part 1 Preliminary
s. 1
1 Part 1 -- Preliminary
2 1. Short title
3 This is the Commonwealth Heads of Government Meeting
4 (Special Powers) Act 2011.
5 2. Commencement
6 This Act comes into operation as follows --
7 (a) sections 1 and 2 -- on the day on which this Act
8 receives the Royal Assent;
9 (b) sections 3 to 5, 81 and Parts 8 to 10 -- on the day after
10 that day;
11 (c) the rest of the Act -- on a day fixed by proclamation,
12 and different days may be fixed for different provisions.
13 3. Terms used
14 In this Act (other than Part 8) --
15 additional security area means an area that is declared to be an
16 additional security area by an order made under section 8;
17 attend an event includes --
18 (a) be involved in the event; and
19 (b) in the case of an event that consists of the provision of
20 accommodation, be accommodated in the
21 accommodation provided;
22 authorised person means a person appointed under
23 section 56(1) as an authorised person;
24 basic search has the meaning given in section 25(1);
25 CHOGM event means --
26 (a) any meeting, event, function or activity that forms part
27 of CHOGM (Perth); or
28 (b) any function held for the benefit of people attending
29 CHOGM (Perth); or
page 2
Commonwealth Heads of Government Meeting (Special Powers) Bill 2011
Preliminary Part 1
s. 3
1 (c) any entertainment event held for the benefit of people
2 attending CHOGM (Perth); or
3 (d) the accommodation provided for people attending
4 CHOGM (Perth), CHOGM officials or other officials
5 associated with the organisation of CHOGM (Perth); or
6 (e) the arrival at, or departure from, any airport of people
7 attending CHOGM (Perth), CHOGM officials or other
8 officials associated with the organisation of CHOGM
9 (Perth); or
10 (f) any other meeting, event, function or activity that is
11 declared to be a CHOGM event by an order made under
12 section 14;
13 CHOGM period means the period prescribed by the regulations
14 for the purposes of this definition;
15 CHOGM (Perth) means the Commonwealth Heads of
16 Government Meeting (CHOGM) to be held in Perth during the
17 CHOGM period and includes associated meetings, events,
18 functions and activities held during that period;
19 CHOGM security area means --
20 (a) a core security area; or
21 (b) an additional security area;
22 Commissioner means the person holding or acting in the office
23 of Commissioner of Police under the Police Act 1892;
24 core security area means an area that is declared to be a core
25 security area by the regulations;
26 excludable person means a person who may be excluded from a
27 CHOGM security area under section 43;
28 excluded persons list means a list compiled under section 42 by
29 the Commissioner;
30 fail to comply includes refuse to comply;
31 frisk search has the meaning given in section 25(2);
page 3
Commonwealth Heads of Government Meeting (Special Powers) Bill 2011
Part 1 Preliminary
s. 3
1 personal details, in relation to a person, means --
2 (a) the person's full name; and
3 (b) the person's date of birth; and
4 (c) the address where the person is residing; and
5 (d) the address where the person usually resides, if that is
6 different from the address referred to in paragraph (c);
7 police vehicle means a vehicle used or operated for the purposes
8 of activities engaged in by a police officer while performing any
9 functions of a police officer (whether under this Act or
10 otherwise);
11 prohibited item means any of the following --
12 (a) spray paint cans;
13 (b) chains;
14 (c) handcuffs or other devices capable of being used to lock
15 persons to other persons or things;
16 (d) poles that are more than one metre in length;
17 (e) marbles, ball-bearings or similar spherical items;
18 (f) smoke devices;
19 (g) flares;
20 (h) flammable or noxious liquids or substances;
21 (i) offensive liquids or substances;
22 (j) laser pointers;
23 (k) devices that are capable of being used to interfere with
24 broadcast or communication devices;
25 (l) any other things (or things belonging to a class of
26 things) prescribed by the regulations;
27 recognised law enforcement officer means a person who holds
28 an appointment under section 50;
29 restricted area means an area that is designated as a restricted
30 area by an order made under section 12;
page 4
Commonwealth Heads of Government Meeting (Special Powers) Bill 2011
Preliminary Part 1
s. 4
1 road --
2 (a) has the meaning given in the Road Traffic Act 1974
3 section 5(1); and
4 (b) includes a private road created under the Transfer of
5 Land Act 1893 Part IVA or as defined in the Land
6 Administration Act 1997 section 3(1);
7 special justification has the meaning given in section 72;
8 special power means a power conferred by any provision of
9 Part 3 or 4 on a police officer or an authorised person;
10 vehicle has the meaning given in the Road Traffic Act 1974
11 section 5(1);
12 vessel --
13 (a) means any thing used, or capable of being used, in
14 navigation by water, of whatever size and whether or not
15 it has any means of propulsion; and
16 (b) includes --
17 (i) a hovercraft, seaplane or other similar craft; and
18 (ii) a submarine or other submersible.
19 4. Purpose
20 (1) The purpose of this Act is to promote the security and safety of
21 people attending the Commonwealth Heads of Government
22 Meeting in Perth in 2011 and associated meetings, events,
23 functions and activities by giving police officers, certain other
24 persons and the Corruption and Crime Commission special
25 powers with respect to CHOGM (Perth).
26 (2) The purpose referred to in subsection (1) includes (without
27 limitation) --
28 (a) promoting the security and safety of the venues and
29 facilities used for CHOGM (Perth); and
30 (b) promoting the security and safety of the accommodation
31 for people attending CHOGM (Perth).
page 5
Commonwealth Heads of Government Meeting (Special Powers) Bill 2011
Part 1 Preliminary
s. 5
1 5. Act binds Crown
2 This Act binds the State and, so far as the legislative power of
3 the State permits, the Crown in all its other capacities.
page 6
Commonwealth Heads of Government Meeting (Special Powers) Bill 2011
CHOGM security areas Part 2
Core security areas Division 1
s. 6
1 Part 2 -- CHOGM security areas
2 Division 1 -- Core security areas
3 6. Core security areas
4 (1) The regulations may declare one or more areas of land within
5 the State to be core security areas for the purposes of this Act.
6 (2) The regulations may declare that an area is a core security
7 area --
8 (a) for the CHOGM period or only for one or more periods
9 within the CHOGM period specified in the regulations;
10 and
11 (b) at all times or only at times specified in the regulations.
12 (3) If the regulations do not specify the period for which an area is a
13 core security area, the area is a core security area for the
14 CHOGM period or, if the CHOGM period has already
15 commenced, for the remainder of the CHOGM period.
16 (4) If the regulations do not specify, for any period for which an
17 area is a core security area, the times at which the area is a core
18 security area during that period, the area is a core security area
19 at all times during that period.
20 (5) Regulations declaring an area to be a core security area may be
21 made before or during the CHOGM period.
22 7. Other matters may be stated in regulations declaring core
23 security area
24 Regulations declaring an area to be a core security area may --
25 (a) in relation to the exercise of special powers in, or in
26 relation to, that area by authorised persons, specify --
27 (i) which special powers (if any) may be exercised
28 by authorised persons in, or in relation to, that
29 area; and
page 7
Commonwealth Heads of Government Meeting (Special Powers) Bill 2011
Part 2 CHOGM security areas
Division 2 Additional security areas
s. 8
1 (ii) where in that area those special powers, or
2 particular special powers, may be exercised by
3 authorised persons; and
4 (iii) when authorised persons may exercise those
5 special powers, or particular special powers;
6 and
7 (b) state any restrictions that apply to access to the core
8 security area or a part of the core security area; and
9 (c) state any conditions that apply to entry to the core
10 security area or a part of that area.
11 Division 2 -- Additional security areas
12 8. Additional security areas
13 (1) The Commissioner may, with the approval of the Minister, by
14 order, declare an area of land within the State (other than an
15 area that is in a core security area) to be an additional security
16 area for the period stated in the order.
17 (2) An order made under subsection (1) has effect when it is
18 published in the Gazette unless section 10 applies, in which case
19 it has effect when the Commissioner signs the order.
20 (3) The period for which an area is declared to be an additional
21 security area must be within the CHOGM period.
22 (4) The Commissioner may declare an area to be an additional
23 security area only if the Commissioner is satisfied that declaring
24 the area to be an additional security area will substantially assist
25 in promoting the security or safety of a CHOGM event, people
26 attending the event or the public or in preventing or controlling
27 a public disorder.
28 (5) An order may declare that an area is an additional security area
29 at all times or only at times specified in the order.
30 (6) If the order does not specify, for the period for which an area is
31 an additional security area, the times at which the area is an
page 8
Commonwealth Heads of Government Meeting (Special Powers) Bill 2011
CHOGM security areas Part 2
Additional security areas Division 2
s. 9
1 additional security area during that period, the area is an
2 additional security area at all times during that period.
3 (7) An order under this section may be made before or during the
4 CHOGM period.
5 9. Urgent order declaring additional security area
6 (1) The Commissioner may make an order under section 8 without
7 the approval of the Minister and without publishing the order in
8 the Gazette if the Commissioner is satisfied --
9 (a) that it is necessary to declare an area to be an additional
10 security area as a matter of urgency; and
11 (b) that the delay that would be caused by having to obtain
12 the approval of the Minister to make the order and to
13 publish the order in the Gazette would significantly
14 compromise the security or safety of a CHOGM event,
15 people attending the event or the public.
16 (2) If an order is made by the Commissioner in the circumstances
17 set out in subsection (1) --
18 (a) the order has effect when the Commissioner signs the
19 order; and
20 (b) as soon as practicable after the order is made, the
21 Commissioner must --
22 (i) inform the Minister of the making of the order
23 and its terms; and
24 (ii) ensure that the order is published in the Gazette,
25 unless section 10 applies.
26 (3) A failure to comply with subsection (2)(b) does not affect the
27 validity of the order.
28 10. Gazetting of order can be dispensed with
29 Despite sections 8(2) and 9(2)(b)(ii), the Commissioner does not
30 have to publish an order made under section 8 in the Gazette if
31 the Commissioner is satisfied that the publication of the order
page 9
Commonwealth Heads of Government Meeting (Special Powers) Bill 2011
Part 2 CHOGM security areas
Division 3 Restricted areas
s. 11
1 would be likely to significantly compromise the security or
2 safety of a CHOGM event, people attending the event or the
3 public.
4 11. Other matters may be stated in order declaring additional
5 security area
6 An order under section 8 declaring an area to be an additional
7 security area may --
8 (a) in relation to the exercise of special powers in, or in
9 relation to, that area by authorised persons, specify --
10 (i) which special powers (if any) may be exercised
11 by authorised persons in, or in relation to, that
12 area; and
13 (ii) where in that area those special powers, or
14 particular special powers, may be exercised by
15 authorised persons; and
16 (iii) when authorised persons may exercise those
17 special powers, or particular special powers;
18 and
19 (b) state any restrictions that apply to access to the
20 additional security area or a part of the additional
21 security area; and
22 (c) state any conditions that apply to entry to the additional
23 security area or a part of that area.
24 Division 3 -- Restricted areas
25 12. Restricted areas
26 (1) The Commissioner may, by order, designate an area within a
27 CHOGM security area to be a restricted area for the period (if
28 any) specified in the order.
29 (2) An order under this section has effect when the Commissioner
30 signs the order.
page 10
Commonwealth Heads of Government Meeting (Special Powers) Bill 2011
CHOGM security areas Part 2
Restricted areas Division 3
s. 13
1 (3) The Commissioner may designate an area to be a restricted area
2 only if the Commissioner is satisfied that --
3 (a) the area is being or will be used directly for or in
4 relation to a CHOGM event or the administration of a
5 CHOGM event; and
6 (b) the exercise of special powers in relation to restricted
7 areas is necessary to promote the security or safety of
8 the venues or facilities for a CHOGM event or people
9 attending the event.
10 (4) An area is a restricted area for the purposes of this Act only
11 for --
12 (a) the period specified in the order; or
13 (b) if no period is specified in the order, the CHOGM
14 period or, if the CHOGM period has already
15 commenced, the remainder of that period.
16 (5) An order under this section may be made before or during the
17 CHOGM period.
18 13. Public notification of restricted area
19 (1) The Commissioner must take reasonable steps --
20 (a) to notify the public that an area has been designated as a
21 restricted area under section 12 as soon as is reasonably
22 practicable after the order designating the area is made;
23 and
24 (b) to notify whatever public agencies the Commissioner
25 considers should be notified of an order that is made (or
26 is proposed to be made) under section 12 as soon as is
27 reasonably practicable for the Commissioner to give the
28 notification.
29 (2) Notification by any of the following means is sufficient
30 compliance with subsection (1)(a) --
31 (a) the publication of the terms of the order (or a description
32 of the restricted area concerned) in the Gazette;
page 11
Commonwealth Heads of Government Meeting (Special Powers) Bill 2011
Part 2 CHOGM security areas
Division 4 CHOGM events
s. 14
1 (b) the publication of the terms of the order (or a description
2 of the restricted area concerned) in a newspaper
3 circulating generally throughout the State;
4 (c) the erection of signs or barriers (or both) around the
5 whole or part of the perimeter of the restricted area
6 concerned.
7 (3) Subsection (2) does not limit the ways in which the
8 Commissioner may comply with subsection (1)(a).
9 (4) The Commissioner does not have to take steps under this
10 section if the Commissioner considers that to do so would
11 significantly compromise security arrangements for a CHOGM
12 event.
13 (5) A failure to comply with subsection (1) does not affect the
14 validity of an order made under section 12.
15 Division 4 -- CHOGM events
16 14. Order declaring CHOGM event
17 (1) The Minister may, by order, declare any meeting, event,
18 function or activity to be a CHOGM event if the Minister is
19 satisfied that declaring the meeting, event, function or activity to
20 be a CHOGM event will substantially assist in --
21 (a) promoting the security or safety of --
22 (i) people attending CHOGM (Perth); or
23 (ii) CHOGM officials or other officials associated
24 with the organisation of CHOGM (Perth); or
25 (iii) the public;
26 or
27 (b) preventing or controlling a public disorder.
28 (2) An order made under subsection (1) has effect when it is
29 published in the Gazette unless section 16 applies, in which case
30 it has effect when the Minister signs the order.
page 12
Commonwealth Heads of Government Meeting (Special Powers) Bill 2011
CHOGM security areas Part 2
CHOGM events Division 4
s. 15
1 (3) An order under this section may be made before or during the
2 CHOGM period.
3 15. Urgent order declaring CHOGM event
4 (1) The Minister may make an order under section 14 without
5 publishing the order in the Gazette if the Minister is satisfied --
6 (a) that it is necessary to declare a meeting, event, function
7 or activity to be a CHOGM event as a matter of
8 urgency; and
9 (b) that the delay that would be caused by having to publish
10 the order in the Gazette would significantly compromise
11 the security or safety of the meeting, event, function or
12 activity, people attending it or the public.
13 (2) If an order is made by the Minister in the circumstances set out
14 in subsection (1) --
15 (a) the order has effect when the Minister signs the order;
16 and
17 (b) as soon as practicable after the order is made, the
18 Minister must ensure that the order is published in the
19 Gazette, unless section 16 applies.
20 (3) A failure to comply with subsection (2)(b) does not affect the
21 validity of the order.
22 16. Gazetting of order can be dispensed with
23 Despite sections 14(2) and 15(2)(b), the Minister does not have
24 to publish an order made under section 14 in the Gazette if the
25 Minister is satisfied that the publication of the order would be
26 likely to significantly compromise the security or safety of the
27 meeting, event, function or activity to which the order relates,
28 people attending it or the public.
page 13
Commonwealth Heads of Government Meeting (Special Powers) Bill 2011
Part 2 CHOGM security areas
Division 5 Further provisions relating to orders
s. 17
1 Division 5 -- Further provisions relating to orders
2 17. Application of Interpretation Act 1984 to orders
3 (1) An order made under section 8, 12 or 14 is not subsidiary
4 legislation for the purposes of the Interpretation Act 1984.
5 (2) The Interpretation Act 1984 sections 43 (other than
6 subsection (6)) and 44 and Part VIII apply to an order made
7 under section 8, 12 or 14 as if it were subsidiary legislation.
8 18. Orders not open to challenge
9 (1) An order made or purportedly made under section 8, 12 or 14
10 (and any decision or purported decision of the Minister or the
11 Commissioner with respect to the order or purported order) may
12 not be challenged, appealed against, reviewed, quashed or called
13 into question on any grounds whatsoever before any court,
14 tribunal, body or person in any legal proceedings, or restrained,
15 removed or otherwise affected by proceedings for any
16 injunctive, declaratory or other relief, remedy or order whether
17 by way of prerogative writ or otherwise.
18 (2) For the purposes of subsection (1), legal proceedings includes
19 an investigation into police or other conduct under any Act
20 (other than the Corruption and Crime Commission Act 2003).
21 (3) This section does not limit judicial review for jurisdictional
22 error.
23 (4) This section expires when the CHOGM period ends.
page 14
Commonwealth Heads of Government Meeting (Special Powers) Bill 2011
Special powers in relation to CHOGM security areas Part 3
Application Division 1
s. 19
1 Part 3 -- Special powers in relation to CHOGM
2 security areas
3 Division 1 -- Application
4 19. Special powers only available during CHOGM period
5 (1) The powers conferred by this Part may be exercised only during
6 the CHOGM period in, or in relation to, a CHOGM security
7 area.
8 (2) Subsection (1) is subject to Division 5.
9 20. Restrictions on exercise of special powers
10 The powers conferred by this Part may be exercised only in
11 accordance with the terms of any regulations or orders made
12 under this Act which limit --
13 (a) who may exercise special powers in, or in relation to, a
14 CHOGM security area or a part of a CHOGM security
15 area; or
16 (b) which special powers may be exercised in, or in relation
17 to, a CHOGM security area or a part of a CHOGM
18 security area; or
19 (c) where in a CHOGM security area or a part of a
20 CHOGM security area special powers may be exercised;
21 or
22 (d) when special powers may be exercised in, or in relation
23 to, a CHOGM security area or a part of a CHOGM
24 security area.
page 15
Commonwealth Heads of Government Meeting (Special Powers) Bill 2011
Part 3 Special powers in relation to CHOGM security areas
Division 2 Stop and search powers
s. 21
1 Division 2 -- Stop and search powers
2 Subdivision 1 -- Check points, cordons and roadblocks
3 21. Check points, cordons and roadblocks
4 (1) A police officer or an authorised person may, for either or both
5 of the purposes mentioned in subsection (2) --
6 (a) establish one or more check points; or
7 (b) place one or more cordons around an area; or
8 (c) establish one or more roadblocks on any road that leads
9 into or out of, or that is located in, an area.
10 (2) The purposes referred to in subsection (1) are --
11 (a) stopping and searching persons, vehicles or vessels
12 under this Part; and
13 (b) preventing persons entering or leaving a CHOGM
14 security area without the permission of a police officer
15 or an authorised person.
16 (3) A police officer or an authorised person exercising a power
17 conferred by this section may be assisted by any persons the
18 police officer or authorised person considers necessary.
19 (4) A police officer or an authorised person exercising a power
20 conferred by this section must not refuse permission for a
21 person to leave a CHOGM security area unless it is reasonably
22 necessary to do so to avoid a risk to public safety or to the
23 person's own safety.
24 (5) A check point, cordon or roadblock may consist of any
25 appropriate form of physical barrier or obstruction preventing or
26 limiting the passage of persons, vehicles or vessels.
page 16
Commonwealth Heads of Government Meeting (Special Powers) Bill 2011
Special powers in relation to CHOGM security areas Part 3
Stop and search powers Division 2
s. 22
1 Subdivision 2 -- Powers in relation to people
2 22. Power to require disclosure of identity
3 (1) A police officer or an authorised person may, without
4 warrant --
5 (a) stop a person who is seeking to enter a CHOGM
6 security area and require, as a condition of entry, that the
7 person disclose the person's personal details; or
8 (b) stop a person who is in a CHOGM security area and
9 require the person to disclose the person's personal
10 details.
11 (2) A police officer or an authorised person may also require a
12 person who is required under this section to disclose the
13 person's personal details to provide proof of those personal
14 details.
15 (3) A police officer or an authorised person who requires a person
16 to disclose the person's personal details or provide proof of the
17 person's personal details must also warn the person that failure
18 to comply with the requirement may result in the person being
19 refused entry to the CHOGM security area or, as the case
20 requires, removed from the CHOGM security area.
21 23. Power to require reasons for entry to, or presence in,
22 CHOGM security area
23 (1) A police officer or an authorised person may, without
24 warrant --
25 (a) stop a person who is seeking to enter a CHOGM
26 security area and require, as a condition of entry, that the
27 person state the person's reason for wanting to enter; or
28 (b) stop a person who is in a CHOGM security area and
29 require the person to state the person's reason for being
30 in the area.
31 (2) A police officer or an authorised person who requires a person
32 to state the information specified in subsection (1) must also
page 17
Commonwealth Heads of Government Meeting (Special Powers) Bill 2011
Part 3 Special powers in relation to CHOGM security areas
Division 2 Stop and search powers
s. 24
1 warn the person that failure to provide a good and lawful reason
2 to enter the CHOGM security area or, as the case requires, to be
3 in the CHOGM security area may result in the person being
4 refused entry to the CHOGM security area or, as the case
5 requires, removed from the CHOGM security area.
6 24. Power to search persons
7 (1) A police officer or an authorised person may, without
8 warrant --
9 (a) stop a person who is seeking to enter a CHOGM
10 security area and require, as a condition of entry, that the
11 person submit to a search of the person; or
12 (b) stop and search a person who is in a CHOGM security
13 area.
14 (2) A police officer or an authorised person who requires a person
15 to submit to a search under this section must also warn the
16 person that failure to comply with the requirement may result in
17 the person being refused entry to the CHOGM security area or,
18 as the case requires, removed from the CHOGM security area.
19 (3) A police officer who is authorised by this section to search a
20 person may do a basic search of the person.
21 (4) An authorised person who is authorised by this section to search
22 a person may do a basic search of the person, except that the
23 authorised person must not do a frisk search of the person.
24 25. Basic searches and frisk searches
25 (1) A person who is authorised by section 24 to do a basic search of
26 another person may do any or all of the following --
27 (a) scan the other person with an electronic or mechanical
28 device, whether hand held or not, to detect any thing;
29 (b) remove the other person's headwear, gloves, footwear or
30 outer clothing (such as a coat or jacket), but not his or
31 her inner clothing or underwear;
page 18
Commonwealth Heads of Government Meeting (Special Powers) Bill 2011
Special powers in relation to CHOGM security areas Part 3
Stop and search powers Division 2
s. 26
1 (c) if the searcher is a police officer, frisk search the other
2 person;
3 (d) search any article removed under paragraph (b).
4 (2) A police officer who is authorised by this section to do a frisk
5 search of another person may quickly and methodically run his
6 or her hands over the outside of the other person's clothing.
7 (3) If a police officer is authorised by this section to do a frisk
8 search of another person, the searcher must, if practicable, be a
9 person of the same gender as the person being searched.
10 (4) If a basic search is done of a person under section 24 --
11 (a) it must be done as quickly as is reasonably practicable;
12 and
13 (b) it must not be any more intrusive than is reasonably
14 necessary in the circumstances; and
15 (c) the searcher, if he or she proposes to remove any article
16 that the person is wearing, must tell the person why it is
17 considered necessary to do so.
18 26. Ancillary powers for searches
19 (1) A person who is authorised by section 24 to search another
20 person may do any or all of the following for the purposes of
21 doing the search --
22 (a) detain the other person for as long as is reasonably
23 necessary to conduct the search;
24 (b) search any thing being carried by or under the
25 immediate control of the other person;
26 (c) order the other person to remove, from any article that
27 the person is wearing, any thing that might injure the
28 searcher when doing the search;
29 (d) order the other person to do anything reasonable to
30 facilitate the exercise by the searcher of any power in
31 this section or in section 25.
page 19
Commonwealth Heads of Government Meeting (Special Powers) Bill 2011
Part 3 Special powers in relation to CHOGM security areas
Division 2 Stop and search powers
s. 27
1 (2) A person who is detained under subsection (1)(a) is to be taken
2 to be in lawful custody.
3 27. Use of electronic screening devices
4 (1) This section applies if the security system for a CHOGM event
5 involves the use of one or more of the following electronic
6 screening devices --
7 (a) a walk-through detector;
8 (b) an X-ray machine;
9 (c) a hand held scanner.
10 (2) A police officer or an authorised person may, without
11 warrant --
12 (a) stop a person who is seeking to enter a CHOGM
13 security area and require, as a condition of entry, that the
14 person do one or more of the things mentioned in
15 subsection (3); or
16 (b) stop a person who is in a CHOGM security area and
17 require that the person do one or more of the things
18 mentioned in subsection (3).
19 (3) The things referred to in subsection (2) are --
20 (a) to walk through a walk-through detector;
21 (b) to pass the person's belongings through an X-ray
22 machine;
23 (c) to allow the police officer or authorised person to pass a
24 hand held scanner in close proximity to the person;
25 (d) to allow the police officer or authorised person to pass a
26 hand held scanner in close proximity to the person's
27 belongings.
28 (4) A police officer or an authorised person who requires a person
29 to do one or more of those things must also warn the person that
30 failure to comply with the requirement may result in the person
page 20
Commonwealth Heads of Government Meeting (Special Powers) Bill 2011
Special powers in relation to CHOGM security areas Part 3
Stop and search powers Division 2
s. 28
1 being refused entry to the CHOGM security area or, as the case
2 requires, removed from the CHOGM security area.
3 Subdivision 3 -- Powers in relation to vehicles and vessels
4 28. Power to stop and search vehicles or vessels
5 (1) A police officer or an authorised person may, without warrant,
6 do any of the following --
7 (a) stop a vehicle or vessel seeking to enter a CHOGM
8 security area and require, as a condition of entry, that the
9 person in charge of the vehicle or vessel submit the
10 vehicle or vessel to a search;
11 (b) stop and search any vehicle or vessel that is in a
12 CHOGM security area.
13 (2) A police officer or an authorised person who requires a person
14 in charge of a vehicle or vessel to submit the vehicle or vessel to
15 a search under this section must also warn the person that failure
16 to comply with the requirement may result in the vehicle or
17 vessel being refused entry to the CHOGM security area or, as
18 the case requires, removed from the CHOGM security area.
19 (3) A person who is authorised by this section to search a vehicle or
20 vessel may do any or all of the following for the purposes of
21 doing the search --
22 (a) detain the vehicle or vessel for as long as is reasonably
23 necessary to conduct the search;
24 (b) move, or require the person in charge of the vehicle or
25 vessel to move, the vehicle or vessel to a place suitable
26 to conduct the search;
27 (c) search any thing in or on the vehicle or vessel.
page 21
Commonwealth Heads of Government Meeting (Special Powers) Bill 2011
Part 3 Special powers in relation to CHOGM security areas
Division 3 Surrender and seizure of prohibited items
s. 29
1 Division 3 -- Surrender and seizure of prohibited items
2 29. Power to require surrender of, or to seize and detain,
3 prohibited items
4 (1) A police officer or an authorised person may, in connection with
5 a search under this Part, do any of the following --
6 (a) require a person that the officer or authorised person
7 reasonably suspects to be in possession or have control
8 of a prohibited item without special justification to
9 surrender the item to the officer or authorised person as
10 a condition of entry into a CHOGM security area;
11 (b) seize and detain in a CHOGM security area all or part of
12 a thing that the officer or authorised person reasonably
13 suspects to be a prohibited item that is in the possession
14 or control of a person without special justification.
15 (2) A power conferred by this section to require the surrender of, or
16 to seize and detain, a thing includes --
17 (a) a power to remove a thing from the place where it is
18 found; and
19 (b) a power to guard the thing in or on the place where it is
20 found.
21 (3) A police officer or an authorised person must inform the person
22 who is in possession or has control of the thing that the officer
23 or authorised person requires the person to surrender, or that the
24 officer or authorised person is to seize, that the thing might not
25 be returned to the person.
26 (4) A police officer or an authorised person must comply with
27 subsection (3) --
28 (a) if it is practicable to do so, before or at the time of
29 exercising the power; or
30 (b) if it is not practicable to do so, as soon as is reasonably
31 practicable after exercising the power.
page 22
Commonwealth Heads of Government Meeting (Special Powers) Bill 2011
Special powers in relation to CHOGM security areas Part 3
Surrender and seizure of prohibited items Division 3
s. 30
1 (5) A failure by a police officer or an authorised person to comply
2 with subsection (3) does not affect the validity of any exercise
3 of a power under this section.
4 30. Disposal of prohibited items surrendered, seized or detained
5 (1) A police officer or an authorised person to whom a thing is
6 surrendered, or who seizes a thing, under section 29 need not
7 return it to the person who surrendered it or from whom it was
8 seized.
9 (2) If a thing that has been surrendered or seized under section 29 is
10 not returned to the person who surrendered it or from whom it
11 was seized within the period of 24 hours after its surrender or
12 seizure --
13 (a) the thing is forfeited to the Crown on the expiry of that
14 period; and
15 (b) no compensation is payable in respect of that forfeiture.
16 (3) If an authorised person does not return a thing to the person who
17 surrendered it or from whom it was seized, the authorised
18 person must deliver the thing to a police officer.
19 31. Power to seize things relevant to offence
20 (1) In this section --
21 thing relevant to an offence has the meaning given in the
22 Criminal Investigation Act 2006 section 5.
23 (2) If a police officer doing a search under this Part finds a thing
24 that is not a prohibited item but that is a thing relevant to an
25 offence, the police officer may seize it if one or more of the
26 grounds for seizing an item set out in the Criminal Investigation
27 Act 2006 section 146 apply.
28 (3) The Criminal Investigation Act 2006 sections 147 to 151 apply
29 to and in respect of the seizing of things under this section as if
30 it were the seizing under that Act of things relevant to an
31 offence.
page 23
Commonwealth Heads of Government Meeting (Special Powers) Bill 2011
Part 3 Special powers in relation to CHOGM security areas
Division 4 Directions
s. 32
1 32. Application of Criminal and Found Property Disposal
2 Act 2006
3 The Criminal and Found Property Disposal Act 2006 applies to
4 and in respect of --
5 (a) any thing that is forfeited to the Crown under section 30;
6 and
7 (b) any thing that is seized under section 31.
8 Division 4 -- Directions
9 33. Power to give directions
10 (1) A police officer or an authorised person may give a direction to
11 any person, or any group of persons assembled, in a CHOGM
12 security area.
13 (2) A direction under this section must be reasonable in the
14 circumstances for the purpose of substantially assisting in
15 promoting the security or safety of a CHOGM event, people
16 attending the event or the public or in preventing or controlling
17 a public disorder.
18 (3) A direction under this section is to be given orally and, if given
19 to a group of persons, is to be given in a manner that is likely to
20 be audible to all persons in that group, or to as many of them as
21 practicable.
22 (4) If a direction under this section is given to a group of persons, it
23 is not necessary for the police officer or authorised person to
24 repeat the direction to each person in the group.
25 (5) However, just because the police officer or authorised person is
26 not required to repeat a direction does not in itself give rise to
27 any presumption that each person in the group has received the
28 direction.
page 24
Commonwealth Heads of Government Meeting (Special Powers) Bill 2011
Special powers in relation to CHOGM security areas Part 3
Road closures Division 5
s. 34
1 Division 5 -- Road closures
2 34. Power to close roads
3 (1) In this section --
4 relevant road means --
5 (a) a road in a CHOGM security area; or
6 (b) a road leading to or from a CHOGM security area; or
7 (c) a road in the vicinity of a CHOGM security area; or
8 (d) a road along a route being taken, or to be taken, by
9 vehicles that are being, or are to be, used for conveying
10 people attending CHOGM (Perth) to or from their
11 accommodation, an airport or a venue or facility for a
12 CHOGM event.
13 (2) A police officer or an authorised person may, at the direction of
14 the Commissioner, close any relevant road for any of the
15 following purposes --
16 (a) facilitating the conduct of a CHOGM event;
17 (b) controlling and regulating vehicular or pedestrian traffic
18 at or near any venue or facility for a CHOGM event;
19 (c) facilitating the movement of vehicles that are being, or
20 are to be, used for conveying people attending CHOGM
21 (Perth) to or from their accommodation, an airport or a
22 venue or facility for a CHOGM event;
23 (d) ensuring the safety of persons;
24 (e) protecting property from damage.
25 (3) A road may be closed by means of any appropriate form of
26 physical barrier or obstruction preventing or limiting the
27 passage of vehicles or persons or by whatever other means the
28 police officer or authorised person considers appropriate.
29 (4) It is not necessary to give public notice of the closure of a road
30 under this section.
page 25
Commonwealth Heads of Government Meeting (Special Powers) Bill 2011
Part 3 Special powers in relation to CHOGM security areas
Division 6 Removal of vehicles, vessels and things
s. 35
1 (5) It is the duty of any police officer or authorised person closing a
2 road under this section to ensure that the road is not closed for a
3 period that is longer than is necessary to serve the purpose for
4 which the road is closed.
5 35. Effect of road closure
6 (1) In this section, use a road includes --
7 (a) any use of the road by pedestrians; and
8 (b) driving, leaving, parking, standing or stopping a vehicle
9 on the road.
10 (2) A person or vehicle must not use a road while it is closed under
11 this Division unless --
12 (a) the person is a police officer or an authorised person or a
13 designated person; or
14 (b) the vehicle is a police vehicle or a designated vehicle.
15 (3) A person or vehicle is a designated person or designated
16 vehicle, in relation to a road, if the person or vehicle is
17 authorised (or belongs to a class of persons or vehicles that is
18 authorised) to use the road by the Commissioner or a police
19 officer.
20 (4) An authorisation for the purposes of this section may be given
21 orally or in writing.
22 (5) A road, or any part of a road, does not cease to be a road for the
23 purposes of the Road Traffic Act 1974, the Motor Vehicle (Third
24 Party Insurance) Act 1943 or any other written law because it is
25 closed or its use, or access to it, is restricted under this Division.
26 Division 6 -- Removal of vehicles, vessels and things
27 36. Removal of vehicles, vessels and things from CHOGM
28 security area
29 (1) A police officer or an authorised person may remove or cause to
30 be removed from a CHOGM security area any vehicle, vessel or
page 26
Commonwealth Heads of Government Meeting (Special Powers) Bill 2011
Special powers in relation to CHOGM security areas Part 3
Removal of vehicles, vessels and things Division 6
s. 37
1 thing if the police officer or authorised person is of the opinion
2 that it is necessary to do so.
3 (2) The power conferred by subsection (1) may be exercised even
4 though the vehicle, vessel or thing is lawfully in the CHOGM
5 security area.
6 37. Removal of unauthorised vehicles or things from closed
7 road
8 A police officer or an authorised person may remove or cause to
9 be removed any vehicle or other thing from a road that is closed
10 under Division 5 if the police officer or authorised person is of
11 the opinion that it is necessary to do so.
12 38. Further provisions relating to removal of vehicles etc.
13 (1) A police officer or an authorised person exercising a power
14 conferred by section 36 or 37 may be assisted by any persons
15 the police officer or authorised person considers necessary.
16 (2) A vehicle, vessel or thing may be removed under section 36
17 or 37 to a police station or any other place where it may
18 conveniently be detained.
19 (3) A police officer or an authorised person, and any person
20 assisting a police officer or an authorised person, may drive,
21 tow or otherwise convey a vehicle or vessel removed under
22 section 36 or 37 --
23 (a) to the place where the vehicle or vessel is to be stored;
24 or
25 (b) at the place where the vehicle or vessel is stored.
26 39. Additional powers in relation to removing vehicles and
27 vessels
28 (1) For the purpose of removing a vehicle or vessel under
29 section 36 or 37, a police officer or an authorised person, and
30 any person assisting a police officer or an authorised person,
31 may take any action that is reasonable or necessary to facilitate
page 27
Commonwealth Heads of Government Meeting (Special Powers) Bill 2011
Part 3 Special powers in relation to CHOGM security areas
Division 6 Removal of vehicles, vessels and things
s. 40
1 the removal of the vehicle or vessel in a manner that does the
2 least damage to the vehicle or vessel.
3 (2) In taking any action authorised by subsection (1), the police
4 officer, authorised person or person assisting is not liable for
5 any damage to the vehicle or vessel that the police officer,
6 authorised person or person assisting causes.
7 40. Notification of removal
8 (1) As soon as reasonably practicable after the removal of a vehicle,
9 vessel or thing under section 36 or 37, the police officer or
10 authorised person who removed the vehicle, vessel or thing is to
11 give to the owner of the vehicle, vessel or thing notice of the
12 removal and stating the place where the vehicle, vessel or thing
13 is kept.
14 (2) Subsection (1) does not apply where the police officer or
15 authorised person does not know who owns the vehicle, vessel
16 or thing.
17 41. Application of Criminal and Found Property Disposal
18 Act 2006
19 If any vehicle, vessel or thing is removed under section 36
20 or 37 --
21 (a) the vehicle, vessel or thing is to be taken to be found
22 property in the possession of the Commissioner for the
23 purposes of the Criminal and Found Property Disposal
24 Act 2006; and
25 (b) that Act applies to and in respect of the vehicle, vessel
26 or thing accordingly.
page 28
Commonwealth Heads of Government Meeting (Special Powers) Bill 2011
Special powers in relation to CHOGM security areas Part 3
Powers to refuse entry to, and remove from, security area Division 7
s. 42
1 Division 7 -- Powers to refuse entry to, and remove from,
2 security area
3 42. Excluded persons list
4 (1) The Commissioner may compile one or more lists of persons
5 (an excluded persons list) who the Commissioner is satisfied
6 are persons who would pose serious threats to the safety of
7 persons or property (or both) in a CHOGM security area during
8 the CHOGM period.
9 (2) The Commissioner must take reasonable steps to contact a
10 person in order to notify the person that the person is named in
11 an excluded persons list.
12 (3) The Commissioner may (but need not) cause an excluded
13 persons list to be published by whatever means the
14 Commissioner considers appropriate.
15 (4) Without limiting subsection (3), an excluded persons list may be
16 published --
17 (a) in the Gazette; or
18 (b) in any newspaper published in the State (whether or not
19 circulating generally throughout the State); or
20 (c) on a website.
21 (5) A failure by the Commissioner to notify a person that the person
22 is named in an excluded persons list, or to notify the public of
23 the contents of an excluded persons list, does not affect the
24 validity of the list or otherwise limit any powers conferred by
25 this Act in relation to persons named in the list.
26 43. Exclusion of persons from CHOGM security areas
27 (1) The following persons (excludable persons) may be excluded
28 from any CHOGM security area during the CHOGM period (or
29 any part of that period) --
30 (a) any person who, without lawful excuse, fails to comply
31 with a requirement made of the person under section 22
page 29
Commonwealth Heads of Government Meeting (Special Powers) Bill 2011
Part 3 Special powers in relation to CHOGM security areas
Division 7 Powers to refuse entry to, and remove from, security area
s. 43
1 for the person to disclose the person's personal details,
2 or provide proof of the person's personal details, as a
3 condition of entry into a CHOGM security area or when
4 the person is in a CHOGM security area;
5 (b) any person who, when required under section 23 by a
6 police officer or an authorised person to state the
7 person's reason for wanting to enter, or for being in, a
8 CHOGM security area, fails to satisfy the police officer
9 or authorised person that the person has a good and
10 lawful reason to enter or be in the CHOGM security area
11 or a particular part of the CHOGM security area;
12 (c) any person who, without lawful excuse, fails to comply
13 with a requirement made of the person under section 24
14 for the person to submit to a search as a condition of
15 entry into a CHOGM security area or when the person is
16 in a CHOGM security area;
17 (d) any person who, without lawful excuse, fails to comply
18 with a requirement made of the person under section 27
19 for the person to do one or more of the things listed in
20 section 27(3) as a condition of entry into a CHOGM
21 security area or when the person is in a CHOGM
22 security area;
23 (e) any person in or on a vehicle or vessel seeking to enter a
24 CHOGM security area in circumstances where the
25 person in charge of the vehicle or vessel fails, without
26 lawful excuse, to comply with a requirement made of
27 the person under section 28 to submit the vehicle or
28 vessel to a search as a condition of entry into the area;
29 (f) any person in or on a vehicle or vessel that is in a
30 CHOGM security area in circumstances where the
31 person in charge of the vehicle or vessel fails, without
32 lawful excuse, to comply with a requirement made of
33 the person under section 28 to submit the vehicle or
34 vessel to a search;
page 30
Commonwealth Heads of Government Meeting (Special Powers) Bill 2011
Special powers in relation to CHOGM security areas Part 3
Powers to refuse entry to, and remove from, security area Division 7
s. 43
1 (g) any person who, without lawful excuse, resists, hinders
2 or obstructs a police officer or an authorised person
3 conducting a search under this Part in a CHOGM
4 security area;
5 (h) any person who, without special justification, fails to
6 surrender a prohibited item to a police officer or an
7 authorised person as a condition of entry into a CHOGM
8 security area;
9 (i) any person who, without special justification, is in
10 possession or has control of a prohibited item in a
11 CHOGM security area;
12 (j) any person who, without lawful excuse, fails to comply
13 with a reasonable direction given under section 33 to the
14 person in a CHOGM security area by a police officer or
15 an authorised person;
16 (k) any person who, without lawful excuse, is on a road that
17 is closed under Division 5;
18 (l) any person who, without lawful excuse, fails to comply
19 with a restriction that applies, under section 7(b)
20 or 11(b), to access to a CHOGM security area or part of
21 a CHOGM security area;
22 (m) any person who, without lawful excuse, fails to comply
23 with a condition that applies, under section 7(c) or 11(c),
24 to entry to a CHOGM security area or part of a CHOGM
25 security area;
26 (n) any person whose name appears on an excluded persons
27 list.
28 (2) A police officer or an authorised person may, during the
29 CHOGM period, do any of the following --
30 (a) prevent an excludable person from entering any
31 CHOGM security area;
page 31
Commonwealth Heads of Government Meeting (Special Powers) Bill 2011
Part 3 Special powers in relation to CHOGM security areas
Division 7 Powers to refuse entry to, and remove from, security area
s. 43
1 (b) remove an excludable person from any CHOGM
2 security area to another place within that or another
3 CHOGM security area or to a place outside the
4 CHOGM security areas;
5 (c) require an excludable person to disclose his or her
6 personal details or provide proof of his or her personal
7 details (or both) when removing the person from a
8 CHOGM security area;
9 (d) without limiting paragraph (a), (b) or (c), remove any
10 person who, without lawful excuse, is on a road that is
11 closed under Division 5 to a place away from the road.
12 (3) Any action taken under subsection (2) does not prevent the
13 taking of proceedings in respect of an offence.
page 32
Commonwealth Heads of Government Meeting (Special Powers) Bill 2011
Additional special powers in relation to restricted areas Part 4
Preliminary Division 1
s. 44
1 Part 4 -- Additional special powers in relation to
2 restricted areas
3 Division 1 -- Preliminary
4 44. Relationship of this Part with Part 3
5 Any power conferred by this Part in relation to a restricted area
6 is in addition to, and does not derogate from, any power
7 conferred in relation to a restricted area by Part 3.
8 Division 2 -- Special powers in relation to restricted areas
9 45. Powers available only during CHOGM period
10 The powers conferred by this Division may be exercised only
11 during the CHOGM period in, or in relation to, a restricted area.
12 46. Restrictions on exercise of special powers
13 The powers conferred by this Division may be exercised only in
14 accordance with the terms of any regulations or orders made
15 under this Act which limit --
16 (a) who may exercise special powers in, or in relation to, a
17 CHOGM security area or a part of a CHOGM security
18 area; or
19 (b) which special powers may be exercised in, or in relation
20 to, a CHOGM security area or a part of a CHOGM
21 security area; or
22 (c) where in a CHOGM security area or a part of a
23 CHOGM security area special powers may be exercised;
24 or
25 (d) when special powers may be exercised in, or in relation
26 to, a CHOGM security area or a part of a CHOGM
27 security area.
page 33
Commonwealth Heads of Government Meeting (Special Powers) Bill 2011
Part 4 Additional special powers in relation to restricted areas
Division 2 Special powers in relation to restricted areas
s. 47
1 47. Power to enter and search premises
2 (1) A police officer may, without warrant, enter and search any
3 premises located in a restricted area.
4 (2) The police officer must do as little damage as possible.
5 (3) This section does not authorise a police officer to enter any part
6 of premises being used for residential purposes, except --
7 (a) with the consent of the occupier of the part of the
8 premises; or
9 (b) under the authority of a search warrant or under another
10 written law that authorises the entry.
11 48. Power to obtain disclosure of identity
12 (1) A police officer or an authorised person may, without warrant,
13 require a person whose identity is unknown to the officer or
14 authorised person to disclose his or her personal details if --
15 (a) the person is seeking to enter a restricted area (whether
16 or not in or on a vehicle or vessel); or
17 (b) the person is in a restricted area (whether or not in or on
18 a vehicle or vessel).
19 (2) A police officer or an authorised person may also require a
20 person who is required under this section to disclose his or her
21 personal details to provide proof of his or her personal details.
22 (3) A police officer or an authorised person who requires a person
23 to disclose the person's personal details or to provide proof of
24 the person's personal details must also warn the person that
25 failure to comply with the requirement may result in the person
26 being refused entry to the restricted area or, as the case requires,
27 removed from the restricted area.
page 34
Commonwealth Heads of Government Meeting (Special Powers) Bill 2011
Additional special powers in relation to restricted areas Part 4
Exclusion of persons from restricted areas Division 3
s. 49
1 Division 3 -- Exclusion of persons from restricted areas
2 49. Exclusion of persons from restricted areas
3 (1) A police officer or an authorised person may, during the
4 CHOGM period, do any of the following --
5 (a) prevent a person from entering a restricted area if the
6 person, without lawful excuse, fails to comply with a
7 requirement made of the person under section 48 to
8 disclose his or her personal details or provide proof of
9 his or her personal details;
10 (b) remove any of the following persons from any restricted
11 area to another place within that or another CHOGM
12 security area or to a place outside the CHOGM security
13 areas --
14 (i) any person who, without special justification, is
15 in possession or has control of a prohibited item
16 in a restricted area;
17 (ii) any person who, without special justification, is
18 in a restricted area;
19 (iii) any person who, without lawful excuse, fails to
20 comply with a requirement made of the person
21 under section 48 to disclose his or her personal
22 details or provide proof of his or her personal
23 details.
24 (2) Any action taken under this section does not prevent the taking
25 of proceedings in respect of an offence.
page 35
Commonwealth Heads of Government Meeting (Special Powers) Bill 2011
Part 5 Recognition of law enforcement officers and authorised
persons
Division 1 Recognition of law enforcement officers of other jurisdictions
s. 50
1 Part 5 -- Recognition of law enforcement officers and
2 authorised persons
3 Division 1 -- Recognition of law enforcement officers of
4 other jurisdictions
5 50. Recognition of law enforcement officers of other
6 jurisdictions
7 (1) The Commissioner may appoint as a recognised law
8 enforcement officer for the purposes of this Act any person
9 who is --
10 (a) a member of the Australian Federal Police; or
11 (b) a member of the police force of another State or of a
12 Territory; or
13 (c) an employee of the New Zealand Police who holds the
14 office of constable.
15 (2) The Commissioner must not make an appointment under
16 subsection (1) unless he or she is of the opinion that the
17 appointment is necessary for the purposes of securing the safety
18 or security of a CHOGM event, people attending the event or
19 the public or in preventing or controlling a public disorder.
20 (3) The appointment of a recognised law enforcement officer --
21 (a) must be in writing; and
22 (b) must state the date and time it is made; and
23 (c) must state the date and time it ceases to have effect; and
24 (d) may be made subject to any condition the Commissioner
25 thinks fit; and
26 (e) must be signed by the Commissioner.
27 (4) The date and time stated under subsection (3)(c) must not be
28 after the expiry of the CHOGM period.
29 (5) The appointment of 2 or more recognised law enforcement
30 officers may be in one instrument of appointment.
page 36
Commonwealth Heads of Government Meeting (Special Powers) Bill 2011
Recognition of law enforcement officers and authorised Part 5
persons
Recognition of law enforcement officers of other jurisdictions Division 1
s. 51
1 51. Cancellation, expiry and re-appointment
2 (1) The Commissioner may cancel the appointment of a recognised
3 law enforcement officer at any time.
4 (2) A recognised law enforcement officer's appointment has effect
5 until the sooner of any of the following --
6 (a) the date and time it ceases to have effect, as stated in the
7 instrument of appointment;
8 (b) it is cancelled under this section;
9 (c) the expiry of the CHOGM period.
10 (3) A recognised law enforcement officer's appointment cannot be
11 extended, but the Commissioner may make a further
12 appointment under section 50 that has effect immediately an
13 earlier appointment ceases to have effect.
14 52. Functions of recognised law enforcement officers
15 (1) A recognised law enforcement officer --
16 (a) has and may perform any function that a police officer
17 has and may perform under this Act (other than Part 8);
18 and
19 (b) in connection with the performance of any function
20 referred to in paragraph (a), has and may perform any
21 function that a police officer has under any other written
22 law or the common law.
23 (2) Subsection (1) is subject to any conditions to which a
24 recognised law enforcement officer's appointment is subject.
25 53. Command and control of recognised law enforcement
26 officers
27 Recognised law enforcement officers remain under the
28 command and control of the police force of which they are
29 members or employees during the term of their appointment
30 under this Division.
page 37
Commonwealth Heads of Government Meeting (Special Powers) Bill 2011
Part 5 Recognition of law enforcement officers and authorised
persons
Division 1 Recognition of law enforcement officers of other jurisdictions
s. 54
1 54. Identity card
2 (1) The Commissioner must give each recognised law enforcement
3 officer an identity card.
4 (2) The identity card must --
5 (a) contain a recent photograph or digital image of the
6 recognised law enforcement officer; and
7 (b) be signed by the recognised law enforcement officer;
8 and
9 (c) identify the person as a recognised law enforcement
10 officer; and
11 (d) include an expiry date; and
12 (e) state a unique identifying number.
13 (3) A person who ceases to be a recognised law enforcement officer
14 must return the person's identity card to the Commissioner as
15 soon as practicable (but within 21 days) after the person ceases
16 to be a recognised law enforcement officer.
17 55. Production or display of identity card
18 (1) A recognised law enforcement officer may exercise a power in
19 relation to another person only if --
20 (a) the recognised law enforcement officer first produces
21 his or her identity card for the other person's inspection;
22 or
23 (b) the recognised law enforcement officer has his or her
24 identity card displayed so that it is clearly visible to the
25 other person.
26 (2) However, if for any reason it is not practicable for a recognised
27 law enforcement officer to comply with subsection (1) before
28 exercising the power, the recognised law enforcement officer
29 must produce the identity card for inspection by the other
30 person as soon as it is practicable.
page 38
Commonwealth Heads of Government Meeting (Special Powers) Bill 2011
Recognition of law enforcement officers and authorised Part 5
persons
Authorised persons Division 2
s. 56
1 Division 2 -- Authorised persons
2 56. Appointment of authorised persons
3 (1) The Commissioner may appoint a person as an authorised
4 person for the purposes of this Act.
5 (2) The Commissioner may appoint a person to be an authorised
6 person only if the Commissioner believes that the person has the
7 necessary expertise or experience to be an authorised person.
8 (3) The appointment of an authorised person --
9 (a) must be in writing; and
10 (b) must state the date and time it is made; and
11 (c) must state the date and time it ceases to have effect; and
12 (d) must state the matters required by section 58; and
13 (e) may be made subject to any condition the Commissioner
14 thinks fit; and
15 (f) must be signed by the Commissioner.
16 (4) The date and time stated under subsection (3)(c) must not be
17 after the expiry of the CHOGM period.
18 57. Cancellation and expiry
19 (1) The Commissioner may cancel the appointment of an authorised
20 person at any time.
21 (2) An authorised person's appointment has effect until the sooner
22 of any of the following --
23 (a) the date and time it ceases to have effect, as stated in the
24 instrument of appointment;
25 (b) it is cancelled under this section;
26 (c) the expiry of the CHOGM period.
page 39
Commonwealth Heads of Government Meeting (Special Powers) Bill 2011
Part 5 Recognition of law enforcement officers and authorised
persons
Division 2 Authorised persons
s. 58
1 58. Statement of powers
2 (1) The instrument of appointment of an authorised person must
3 state the following --
4 (a) the powers of an authorised person that the appointee
5 may exercise under this Act;
6 (b) the time or times when those powers may be exercised;
7 (c) the place or places where those powers may be
8 exercised.
9 (2) If the appointee is to be able to exercise all the powers of an
10 authorised person under this Act, then the instrument of
11 appointment may contain a statement to that effect.
12 (3) If the appointee is to be able to exercise only some of the
13 powers of an authorised person under this Act, then the
14 instrument of appointment must state the particular powers that
15 the appointee is able to exercise.
16 59. Identity card
17 (1) The Commissioner must give each authorised person an identity
18 card.
19 (2) The identity card must --
20 (a) contain a recent photograph or digital image of the
21 authorised person; and
22 (b) be signed by the authorised person; and
23 (c) identify the person as an authorised person; and
24 (d) include an expiry date; and
25 (e) state a unique identifying number.
26 (3) A person who ceases to be an authorised person must return the
27 person's identity card to the Commissioner as soon as
28 practicable (but within 21 days) after the person ceases to be an
29 authorised person.
page 40
Commonwealth Heads of Government Meeting (Special Powers) Bill 2011
Recognition of law enforcement officers and authorised Part 5
persons
General Division 3
s. 60
1 (4) Section 70 makes failure to comply with subsection (3) without
2 reasonable excuse an offence.
3 60. Production or display of identity card
4 (1) An authorised person may exercise a power in relation to
5 another person only if --
6 (a) the authorised person first produces his or her identity
7 card for the other person's inspection; or
8 (b) the authorised person has his or her identity card
9 displayed so that it is clearly visible to the other person.
10 (2) However, if for any reason it is not practicable for an authorised
11 person to comply with subsection (1) before exercising the
12 power, the authorised person must produce the identity card for
13 inspection by the other person as soon as it is practicable.
14 Division 3 -- General
15 61. Appointment does not make appointee public servant
16 The appointment of a person under this Part as a recognised law
17 enforcement officer or an authorised person --
18 (a) does not make the provisions of the Public Sector
19 Management Act 1994 Part 3 or of any Act applying to
20 persons employed in the Public Service applicable to the
21 person; or
22 (b) in the case of an authorised person, does not affect or
23 prejudice the application to the person of those
24 provisions if they applied to the person at the time of the
25 person's appointment.
26 62. Appointees are public officers
27 Recognised law enforcement officers and authorised persons are
28 to be taken to be public officers for the purposes of The
29 Criminal Code.
page 41
Commonwealth Heads of Government Meeting (Special Powers) Bill 2011
Part 6 Offences
Division 1 Offences relating to CHOGM security areas
s. 63
1 Part 6 -- Offences
2 Division 1 -- Offences relating to CHOGM security areas
3 63. Unauthorised entry to CHOGM security area
4 A person must not enter or remain in a CHOGM security area
5 unless the person --
6 (a) has the consent of the organiser of the CHOGM event
7 being held or to be held in the area; or
8 (b) has a special justification to enter or remain in the area;
9 or
10 (c) is otherwise authorised to enter or remain in the area.
11 Penalty: imprisonment for 12 months.
12 64. Unauthorised entry to restricted area
13 (1) A person must not, without reasonable excuse, enter or remain
14 in a restricted area.
15 Penalty: imprisonment for 12 months.
16 (2) A person has a reasonable excuse for the purposes of
17 subsection (1) if the person establishes that, at the time when the
18 offence is alleged to have occurred --
19 (a) no steps had been taken under section 13(1)(a) to notify
20 the public that the area that is the subject of the
21 prosecution had been designated as a restricted area
22 under section 12; and
23 (b) the person did not know that the area was a restricted
24 area.
25 (3) Subsection (2) does not limit any other circumstances or state of
26 affairs that may constitute a reasonable excuse for the purposes
27 of subsection (1).
page 42
Commonwealth Heads of Government Meeting (Special Powers) Bill 2011
Offences Part 6
Offences relating to CHOGM security areas Division 1
s. 65
1 65. Interference with CHOGM event
2 A person must not, in a CHOGM security area --
3 (a) disrupt, interfere with, delay or obstruct the conduct of a
4 CHOGM event; or
5 (b) interfere with the reasonable enjoyment, by another
6 person, of a CHOGM event.
7 Penalty: imprisonment for 12 months.
8 66. Prohibited items
9 A person must not, without reasonable excuse, take a prohibited
10 item into, or possess a prohibited item in, a CHOGM security
11 area.
12 Penalty: a fine of $6 000.
13 67. Failure to disclose personal details or provide proof of
14 personal details
15 (1) A person must not, without reasonable excuse, fail to comply
16 with a requirement made of the person under section 43(2)(c)
17 for the person to disclose his or her personal details or provide
18 proof of his or her personal details.
19 Penalty: imprisonment for 12 months.
20 (2) A person must not, without reasonable excuse, in response to a
21 requirement made of the person under section 43(2)(c) --
22 (a) give any false personal details; or
23 (b) produce any false evidence.
24 Penalty: imprisonment for 12 months.
25 68. Re-entering CHOGM security area after being removed
26 A person who has been removed from a CHOGM security area
27 under section 43(2) by a police officer or an authorised person
28 must not re-enter or attempt to re-enter that CHOGM security
29 area or any other CHOGM security area during the remainder of
page 43
Commonwealth Heads of Government Meeting (Special Powers) Bill 2011
Part 6 Offences
Division 2 Offence relating to closed roads
s. 69
1 the CHOGM period without the written authorisation of the
2 Commissioner.
3 Penalty: imprisonment for 12 months.
4 Division 2 -- Offence relating to closed roads
5 69. Unauthorised use of closed road
6 (1) In this section --
7 use a road has the meaning given in section 35(1).
8 (2) A person must not use a road while it is closed under Part 3
9 Division 5, unless the person has a reasonable excuse.
10 Penalty: a fine of $1 000.
11 Division 3 -- Offence relating to identity cards
12 70. Failure to return identity card
13 A person who ceases to be an authorised person must return the
14 person's identity card to the Commissioner as soon as
15 practicable, but within 21 days, after the person ceases to be an
16 authorised person, unless the person has a reasonable excuse.
17 Penalty: a fine of $2 000.
18 Division 4 -- Offence relating to airspace
19 71. Offence relating to unauthorised entry into restricted
20 airspace
21 (1) In this section --
22 aircraft --
23 (a) means any machine or craft that can derive support in
24 the atmosphere from the reactions of the air, other than
25 the reactions of the air against the earth's surface; and
26 (b) includes an airship, a blimp and a hot-air balloon;
page 44
Commonwealth Heads of Government Meeting (Special Powers) Bill 2011
Offences Part 6
Offence relating to airspace Division 4
s. 71
1 Airservices Australia means the body established by the Air
2 Services Act 1995 (Commonwealth) section 7(1);
3 CASA means the Civil Aviation Safety Authority established by
4 the Civil Aviation Act 1988 (Commonwealth);
5 Commonwealth Air Navigation Regulations means the Air
6 Navigation Regulations 1947 (Commonwealth);
7 restricted airspace means airspace that CASA has declared
8 under the Airspace Act 2007 (Commonwealth) to be restricted
9 airspace in relation to CHOGM (Perth);
10 State air navigation means air navigation within Western
11 Australia to and in relation to which the Commonwealth Air
12 Navigation Regulations are applied as if they were State law by
13 the Air Navigation Act 1937 section 4.
14 (2) A person must not, during the CHOGM period and in the course
15 of State air navigation, cause an aircraft to enter, or operate an
16 aircraft within, restricted airspace without an air traffic
17 clearance given by or on behalf of Airservices Australia under
18 the Airspace Act 2007 (Commonwealth).
19 Penalty: a fine of $250 000.
20 (3) An offence against subsection (2) is an indictable offence.
21 (4) The provisions of this section prevail to the extent of any
22 inconsistency between this section and the provisions of the
23 Commonwealth Air Navigation Regulations (as applied to and
24 in relation to State air navigation by the Air Navigation
25 Act 1937 section 4).
26 (5) This section does not apply to the operation of --
27 (a) a military aircraft, or an aircraft of the Western
28 Australian Police Force, when being operated for
29 military, security or emergency purposes; or
30 (b) an aircraft when being operated exclusively for
31 emergency purposes relating to human life or safety, or
32 the protection of property.
page 45
Commonwealth Heads of Government Meeting (Special Powers) Bill 2011
Part 7 Miscellaneous
Division 1 Matters of justification or excuse
s. 72
1 Part 7 -- Miscellaneous
2 Division 1 -- Matters of justification or excuse
3 72. Special justification
4 (1) For the purposes of this Act (other than Part 8), a person has a
5 special justification to be in an area, or to possess or be in
6 control of a thing, only in the circumstances provided for by this
7 section.
8 (2) A person has a special justification to be in an area if --
9 (a) the person is a police officer who is on duty in the area;
10 or
11 (b) the person is an authorised person who is performing the
12 functions of an authorised person in the area; or
13 (c) the person is required, authorised or permitted to be in
14 the area by the Commissioner or a police officer or an
15 authorised person; or
16 (d) the person is required to be in (or pass through) the area
17 for the purposes of the person's employment,
18 occupation, profession, calling, trade or business or for
19 any other work-related purpose; or
20 (e) the person resides (whether on a temporary or
21 permanent basis) in premises that are located in the area;
22 or
23 (f) the person is in the area in other circumstances
24 prescribed by the regulations.
25 (3) A person has a special justification to be in possession or have
26 control of a thing in an area if --
27 (a) the person is a police officer who is on duty in the area;
28 or
29 (b) the person is an authorised person who is performing the
30 functions of an authorised person in the area; or
page 46
Commonwealth Heads of Government Meeting (Special Powers) Bill 2011
Miscellaneous Part 7
Evidential matters Division 2
s. 73
1 (c) the person is required, authorised or permitted to be in
2 possession or have control of the thing in the area by the
3 Commissioner or a police officer or an authorised
4 person; or
5 (d) the person is required to be in possession or have control
6 of the thing in the area for the purposes of the person's
7 employment, occupation, profession, calling, trade or
8 business or for any other work-related purpose; or
9 (e) the person has possession or control of the thing in
10 residential premises of the person that are located in the
11 area; or
12 (f) the person is in possession or has control of the thing in
13 the area in other circumstances prescribed by the
14 regulations.
15 73. Onus of proof of lawful excuse etc.
16 (1) The onus of proof of lawful excuse or reasonable excuse or
17 special justification (whether in proceedings for an offence
18 against a provision of Part 6 or in relation to the exercise of
19 powers conferred by this Act (other than Part 8)) lies on the
20 person accused of the offence or who claims to have the lawful
21 excuse, reasonable excuse or special justification (as the case
22 may be).
23 (2) Nothing in this section limits the Criminal Procedure Act 2004
24 section 78.
25 Division 2 -- Evidential matters
26 74. Proof of unpublished orders and of appointments
27 (1) In proceedings for an offence against this Act or any other Act,
28 the following averments in the indictment or prosecution notice
29 are sufficient evidence of the facts averred unless the contrary is
30 shown --
31 (a) that an order was made under section 8 declaring a
32 stated area to be an additional security area, the date and
page 47
Commonwealth Heads of Government Meeting (Special Powers) Bill 2011
Part 7 Miscellaneous
Division 3 Exercise of powers
s. 75
1 time when the order was signed, the period specified in
2 the order for which the area was to be an additional
3 security area, the time or times (if any) at which the area
4 was to be an additional security area, and any matters
5 specified or stated under section 11;
6 (b) that an order was made under section 12 designating a
7 stated area within a CHOGM security area to be a
8 restricted area, the date and time when the order was
9 signed, and the period (if any) specified in the order for
10 which the area was to be a restricted area;
11 (c) that an order was made under section 14 declaring a
12 stated meeting, event, function or activity to be a
13 CHOGM event, and the date and time when the order
14 was signed;
15 (d) that a stated person was, at a stated time or during a
16 stated period --
17 (i) a recognised law enforcement officer; or
18 (ii) an authorised person.
19 (2) Subsection (1)(a) does not apply if the order made under
20 section 8 is published in the Gazette.
21 (3) Subsection (1)(b) does not apply if the order made under
22 section 12 is published in the Gazette.
23 (4) Subsection (1)(c) does not apply if the order made under
24 section 14 is published in the Gazette.
25 Division 3 -- Exercise of powers
26 75. Use of force by police officers and authorised persons
27 It is lawful for a police officer or an authorised person
28 exercising a special power in relation to a person or thing, and
29 anyone assisting the police officer or authorised person, to use
30 whatever force is reasonably necessary to exercise the power.
page 48
Commonwealth Heads of Government Meeting (Special Powers) Bill 2011
Miscellaneous Part 7
Relationship with other laws Division 4
s. 76
1 76. Provision relating to powers
2 Any special power that is conferred by reference to a person,
3 vehicle or vessel being in an area is also exercisable in relation
4 to any person who, or vehicle or vessel that, has recently left the
5 area.
6 Division 4 -- Relationship with other laws
7 77. Relationship with other laws
8 (1) Nothing in any other written law or the common law limits any
9 special powers, or prevents a police officer or an authorised
10 person from exercising any special powers, that the police
11 officer or authorised person has under this Act.
12 (2) Nothing in this Act limits any powers, or prevents a police
13 officer from exercising any powers, that the police officer has
14 under any other written law or the common law.
15 Division 5 -- Immunities
16 78. No liability in nuisance
17 (1) The following do not constitute a public or private nuisance --
18 (a) anything done or omitted to be done by any person in
19 the performance or purported performance of a function
20 under this Act;
21 (b) anything done or omitted to be done by any person in
22 assisting a person in the performance or purported
23 performance of a function under this Act.
24 (2) This section does not limit section 79.
25 79. Protection from liability for wrongdoing
26 (1) An action in tort does not lie against a person for anything that
27 the person has done, in good faith --
28 (a) in the performance or purported performance of a
29 function under this Act; or
page 49
Commonwealth Heads of Government Meeting (Special Powers) Bill 2011
Part 7 Miscellaneous
Division 6 Other provisions
s. 80
1 (b) in assisting a person in the performance or purported
2 performance of a function under this Act.
3 (2) The Crown is also relieved of any liability that it might
4 otherwise have had for another person having done anything as
5 described in subsection (1).
6 (3) The protection given by this section applies even though the
7 thing done as described in subsection (1) may have been
8 capable of being done whether or not this Act had been enacted.
9 (4) In this section, a reference to the doing of anything includes a
10 reference to an omission to do anything.
11 (5) This section overrides the Police Act 1892 section 137.
12 Division 6 -- Other provisions
13 80. Power of delegation
14 (1) The Commissioner may delegate any power or duty of the
15 Commissioner under this Act (other than Part 8) to a police
16 officer who is, or is acting as, a Deputy Commissioner or an
17 Assistant Commissioner.
18 (2) Without limiting subsection (1), the Commissioner may
19 delegate any power or duty of the Commissioner under
20 section 34 to a police officer who is, or is acting as, a
21 Superintendent or an officer of a rank more senior than a
22 Superintendent.
23 (3) The delegation must be in writing signed by the Commissioner.
24 (4) A police officer to whom a power or duty is delegated cannot
25 delegate that power or duty.
26 (5) A police officer exercising or performing a power or duty that
27 has been delegated to the police officer under this section is to
28 be taken to do so in accordance with the terms of the delegation
29 unless the contrary is shown.
page 50
Commonwealth Heads of Government Meeting (Special Powers) Bill 2011
Miscellaneous Part 7
Other provisions Division 6
s. 81
1 (6) Nothing in this section limits the ability of the Commissioner to
2 perform a function through an officer or agent.
3 81. Corruption and Crime Commission may provide assistance
4 (1) In this section --
5 CCC Commissioner means the Commissioner as defined in the
6 Corruption and Crime Commission Act 2003 section 3(1);
7 Commission means the Corruption and Crime Commission
8 established under the Corruption and Crime Commission
9 Act 2003;
10 officer of the Commission has the meaning given in the
11 Corruption and Crime Commission Act 2003 section 3(1).
12 (2) For the purposes of this Act, the Commissioner may, by
13 arrangement with the CCC Commissioner --
14 (a) make use, either full-time or part-time, of the services of
15 any officer of the Commission; and
16 (b) make use of any facilities or resources of the
17 Commission.
18 (3) An arrangement under subsection (2) is to be made on terms
19 agreed by the Commissioner and the CCC Commissioner.
20 (4) While performing functions under an arrangement under
21 subsection (2), an officer of the Commission who is an
22 authorised officer (as defined in the Corruption and Crime
23 Commission Act 2003 section 184(1)) --
24 (a) has and may perform the functions referred to in
25 subsections (3) to (3c) of that section; and
26 (b) has the benefit of subsection (5) of that section.
27 82. Regulations
28 The Governor may make regulations prescribing all matters that
29 are required or permitted by this Act to be prescribed, or are
30 necessary or convenient to be prescribed for giving effect to the
31 purposes of this Act.
page 51
Commonwealth Heads of Government Meeting (Special Powers) Bill 2011
Part 7 Miscellaneous
Division 7 Review of Act
s. 83
1 Division 7 -- Review of Act
2 83. Review of Act
3 (1) The Commissioner must carry out and complete a review of the
4 operation and effectiveness of this Act not later than 3 months
5 after the CHOGM period ends.
6 (2) Within one month after completing the review, the
7 Commissioner must prepare a report based on the review and
8 give the report to the Minister.
9 (3) As soon as practicable after receiving the report from the
10 Commissioner, the Minister must cause the report to be laid
11 before each House of Parliament.
page 52
Commonwealth Heads of Government Meeting (Special Powers) Bill 2011
Examinations before Corruption and Crime Commission Part 8
Preliminary Division 1
s. 84
1 Part 8 -- Examinations before Corruption and
2 Crime Commission
3 Division 1 -- Preliminary
4 84. Part to be read with Corruption and Crime Commission
5 Act 2003
6 (1) This Part is to be read in conjunction with, and as
7 supplementary to, the Corruption and Crime Commission
8 Act 2003 as if the provisions of this Part were incorporated with,
9 and formed part of, that Act.
10 (2) Where the provisions of this Part are in conflict or inconsistent
11 with the provisions of the Corruption and Crime Commission
12 Act 2003, the provisions of this Part prevail to the extent to
13 which they are in conflict or inconsistent.
14 (3) A term has the same meaning in this Part as it has in the
15 Corruption and Crime Commission Act 2003 unless the contrary
16 intention appears in this Part.
17 85. Terms used
18 In this Part --
19 attend an event has the meaning given in section 3;
20 CCC Act means the Corruption and Crime Commission
21 Act 2003;
22 CHOGM event has the meaning given in section 3;
23 CHOGM summons means a summons issued under
24 section 88(1);
25 relevant offence means an offence that is punishable by
26 imprisonment for 3 years or more, where the act or omission
27 constituting the offence, or the result of that act or omission, is
28 intended or likely --
29 (a) to kill or cause serious physical harm to people
30 attending a CHOGM event; or
page 53
Commonwealth Heads of Government Meeting (Special Powers) Bill 2011
Part 8 Examinations before Corruption and Crime Commission
Division 2 Examinations before Corruption and Crime Commission
s. 86
1 (b) to endanger the lives of people attending a CHOGM
2 event; or
3 (c) to create a serious risk to the health or safety of people
4 attending a CHOGM event; or
5 (d) to cause damage to a venue or facility for a CHOGM
6 event; or
7 (e) to disrupt a CHOGM event, whether directly or
8 indirectly (for example by interfering with, disrupting or
9 destroying a telecommunications system, a system used
10 for the delivery of essential government services, a
11 system used for, or by, an essential public utility, or a
12 system used for, or by, a transport system).
13 86. Purpose of this Part
14 (1) The purpose of this Part is to facilitate the investigation of
15 serious offences, where the act or omission constituting the
16 offence, or the result of that act or omission, is intended or
17 likely --
18 (a) to harm people attending a CHOGM event; or
19 (b) to damage a venue or facility for a CHOGM event; or
20 (c) to disrupt a CHOGM event.
21 (2) The investigation of an offence includes the investigation of a
22 suspicion that the offence has been, is being, or will be,
23 committed.
24 Division 2 -- Examinations before Corruption and
25 Crime Commission
26 87. Commissioner of Police may ask Commission to hold
27 examination
28 (1) The Commissioner of Police may request the Commission to
29 conduct an examination under this Part.
page 54
Commonwealth Heads of Government Meeting (Special Powers) Bill 2011
Examinations before Corruption and Crime Commission Part 8
Examinations before Corruption and Crime Commission Division 2
s. 88
1 (2) On considering the request of the Commissioner of Police, the
2 Commission may decide to conduct an examination under this
3 Part if the Commission finds that it is satisfied that --
4 (a) there are reasonable grounds for suspecting that a
5 relevant offence has been, is being, or will be,
6 committed; and
7 (b) there are reasonable grounds for suspecting that there
8 might be evidence or other information relevant to the
9 investigation of the offence that can be obtained by
10 conducting an examination under this Part; and
11 (c) there are reasonable grounds for believing that
12 conducting an examination under this Part would be in
13 the public interest, having regard to --
14 (i) whether or not the suspected offence could be
15 effectively investigated without conducting an
16 examination; and
17 (ii) the extent to which the evidence or other
18 information that it is suspected might be obtained
19 would assist in the investigation, and the
20 likelihood of obtaining it; and
21 (iii) the circumstances in which the evidence or
22 information that it is suspected might be obtained
23 is suspected to have come into the possession of
24 any person from whom it might be obtained.
25 (3) If the Commission finds that it is satisfied that the grounds
26 described in subsection (2) exist, the finding is to be reduced to
27 writing and a copy of it is to be given to the Commissioner of
28 Police.
29 88. Commission, on application of police, may summons witness
30 (1) The Commission may, on the application of the Commissioner
31 of Police, issue a signed summons under the CCC Act
32 section 96 and cause it to be served under that section on the
33 person to whom it is addressed.
page 55
Commonwealth Heads of Government Meeting (Special Powers) Bill 2011
Part 8 Examinations before Corruption and Crime Commission
Division 2 Examinations before Corruption and Crime Commission
s. 89
1 (2) The CCC Act sections 97 to 99 apply to and in relation to a
2 CHOGM summons and any person who is served with a
3 CHOGM summons.
4 89. Examination of witnesses by Commissioner of Police
5 (1) In participating in an examination to which a person is
6 summoned under a CHOGM summons, the Commissioner of
7 Police is to be represented by a legal practitioner instructed for
8 that purpose, who may be assisted by others who are not legal
9 practitioners but who are under the direct supervision of a legal
10 practitioner.
11 (2) A person representing the Commissioner of Police may, to the
12 extent that the Commission thinks proper, examine any witness
13 summoned under a CHOGM summons on any matter that the
14 Commission considers relevant to the investigation.
15 (3) This section does not limit the operation of the CCC Act
16 section 143.
17 90. Examination of witness about offence with which witness is
18 charged
19 (1) A person summoned on a CHOGM summons cannot be
20 examined about matters that may be relevant to an offence with
21 which the person stands charged, but this section does not
22 prevent any other person from being examined about those
23 matters.
24 (2) For the purposes of this section, a person stands charged with an
25 offence when whichever of the following occurs first --
26 (a) the person is informed by the person investigating the
27 offence that he or she will be charged with the offence,
28 whether or not at that time a prosecution notice in
29 respect of the offence has been made or sworn;
30 (b) the persons investigating the offence ought to have
31 formed the view that the person should be charged with
page 56
Commonwealth Heads of Government Meeting (Special Powers) Bill 2011
Examinations before Corruption and Crime Commission Part 8
Miscellaneous Division 3
s. 91
1 the offence, whether or not at that time a prosecution
2 notice in respect of the offence has been made or sworn;
3 (c) a prosecution notice in respect of the offence is made or
4 sworn.
5 91. Application of provisions of CCC Act
6 (1) The CCC Act Part 6 Division 5, Parts 7 to 11 and section 185
7 apply with all necessary modifications in relation to --
8 (a) the performance of the Commission's functions under
9 this Part; and
10 (b) examinations conducted by the Commission under this
11 Part as if they were organised crime examinations; and
12 (c) a CHOGM summons as if it were a summons issued
13 pursuant to an application under the CCC Act
14 section 48.
15 (2) Nothing in this section limits section 84(1).
16 Division 3 -- Miscellaneous
17 92. Delegation by Commissioner of Police
18 (1) The Commissioner of Police may delegate any power or duty of
19 the Commissioner of Police under another provision of this Part
20 to a police officer who is, or is acting as, a Deputy
21 Commissioner or an Assistant Commissioner.
22 (2) The delegation must be in writing signed by the Commissioner
23 of Police.
24 (3) A police officer to whom a power or duty is delegated cannot
25 delegate that power or duty.
26 (4) A police officer exercising or performing a power or duty that
27 has been delegated to the police officer under this section is to
28 be taken to do so in accordance with the terms of the delegation
29 unless the contrary is shown.
page 57
Commonwealth Heads of Government Meeting (Special Powers) Bill 2011
Part 8 Examinations before Corruption and Crime Commission
Division 3 Miscellaneous
s. 93
1 (5) Nothing in this section limits the ability of the Commissioner of
2 Police to perform a function through an officer or agent.
3 93. Judicial review excluded
4 (1) Except with the consent of the Parliamentary Inspector, a
5 prerogative writ cannot be issued and an injunction or a
6 declaratory judgment cannot be given in respect of the
7 performance of a function for the purposes of this Part and
8 proceedings cannot be brought seeking a writ, injunction or
9 judgment of that kind.
10 (2) Subsection (1) does not apply after the completion of the
11 investigation that the performance of the function was seeking
12 to facilitate.
page 58
Commonwealth Heads of Government Meeting (Special Powers) Bill 2011
Corruption and Crime Commission Act 2003 amended Part 9
s. 94
1 Part 9 -- Corruption and Crime Commission
2 Act 2003 amended
3 94. Act amended
4 This Part amends the Corruption and Crime Commission
5 Act 2003.
6 95. Section 91 amended
7 After section 91(5) insert:
8
9 (6) The Commission must include in the report required
10 under this section the number of findings made under
11 the Commonwealth Heads of Government Meeting
12 (Special Powers) Act 2011 section 87(2) in the year to
13 which the report relates.
14 (7) This subsection and subsection (6) expire at the end of
15 31 December 2012.
16
page 59
Commonwealth Heads of Government Meeting (Special Powers) Bill 2011
Part 10 Expiry of Act
s. 96
1 Part 10 -- Expiry of Act
2 96. Expiry of Act
3 (1) Parts 2 to 6, 7 (other than Divisions 2 and 7) and 8 expire at the
4 end of 5 November 2011.
5 (2) The rest of this Act expires on a day fixed by proclamation.
6 (3) A proclamation cannot be made under subsection (2) unless the
7 Commissioner has given the Minister a certificate signed by the
8 Commissioner stating that the operation of this Act is no longer
9 necessary.
page 60
Commonwealth Heads of Government Meeting (Special Powers) Bill 2011
Defined Terms
Defined Terms
[This is a list of terms defined and the provisions where they are defined.
The list is not part of the law.]
Defined Term Provision(s)
additional security area .........................................................................................3
aircraft............................................................................................................ 71(1)
Airservices Australia...................................................................................... 71(1)
authorised person ..................................................................................................3
basic search ...........................................................................................................3
CASA............................................................................................................. 71(1)
CCC Act..............................................................................................................82
CCC Commissioner ....................................................................................... 81(1)
CHOGM ...............................................................................................................3
CHOGM (Perth) ...................................................................................................3
CHOGM event................................................................................................3, 85
CHOGM period ....................................................................................................3
CHOGM security area ..........................................................................................3
CHOGM summons .............................................................................................85
Commission ................................................................................................... 81(1)
Commissioner .......................................................................................................3
Commonwealth Air Navigation Regulations ................................................. 71(1)
core security area ..................................................................................................3
designated person........................................................................................... 35(3)
designated vehicle.......................................................................................... 35(3)
excludable person .................................................................................................3
excludable persons ......................................................................................... 43(1)
excluded persons list .................................................................................. 3, 42(1)
fail to comply ........................................................................................................3
frisk search............................................................................................................3
legal proceedings ........................................................................................... 18(2)
officer of the Commission ............................................................................. 81(1)
personal details .....................................................................................................3
police vehicle ........................................................................................................3
prohibited item......................................................................................................3
recognised law enforcement officer ......................................................................3
relevant offence...................................................................................................85
relevant road .................................................................................................. 34(1)
restricted airspace .......................................................................................... 71(1)
restricted area........................................................................................................3
road .......................................................................................................................3
special justification ...............................................................................................3
special power ........................................................................................................3
State air navigation ........................................................................................ 71(1)
page 61
Commonwealth Heads of Government Meeting (Special Powers) Bill 2011
Defined Terms
thing relevant to an offence............................................................................ 31(1)
use ....................................................................................................... 35(1), 69(1)
vehicle...................................................................................................................3
vessel.....................................................................................................................3
[Index] [Search] [Download] [Related Items] [Help]