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This is a Bill, not an Act. For current law, see the Acts databases.


TERRORISM (EXTRAORDINARY POWERS) BILL 2005

                     Western Australia


Terrorism (Extraordinary Powers) Bill 2005

                        CONTENTS


       Part 1 -- Preliminary
 1.    Short title                                             2
 2.    Commencement                                            2
 3.    Interpretation                                          2
 4.    "Reasonably suspects", meaning of                       3
 5.    "Terrorist act", meaning of                             3
       Part 2 -- Special police powers
       Division 1 -- Preliminary
 6.    Interpretation                                          5
       Division 2 -- Commissioner's warrants
 7.    Warrant, issue of                                       5
 8.    Warrant, content of                                     6
 9.    Warrant, duration of                                    8
       Division 3 -- Powers under a Commissioner's
              warrant
 10.   Exercising powers, general matters                      8
 11.   Target areas, powers in respect of                      9
 12.   Personal details of certain people may be obtained      9
 13.   Certain people may be searched                         10
 14.   Certain vehicles may be searched                       11
 15.   Certain places may be entered and searched             11
 16.   Seizing things found                                   12
       Division 4 -- Special officers
 17.   Appointing police officers of other jurisdictions to
       be special officers                                    12
 18.   Functions of special officers                          13



                          083--3                               page i
Terrorism (Extraordinary Powers) Bill 2005



Contents



              Division 5 -- Miscellaneous
      19.     Government agency, directions to                      14
      20.     Warrant not open to challenge while in effect         14
      21.     Report to Minister and Attorney General about
              warrant                                               15
              Part 3 -- Covert search warrants
      22.     Interpretation                                        16
      23.     Authorising police officers to apply for a covert
              search warrant                                        16
      24.     Covert search warrant, application for                17
      25.     Covert search warrant, procedure for applying for     18
      26.     Covert search warrant, issue of                       20
      27.     Covert search warrant, effect of                      22
      28.     Execution of covert search warrant, report to judge
              about                                                 25
      29.     No publication of information about covert search
              warrant                                               27
      30.     Annual report about covert search warrants            27
              Part 4 -- Miscellaneous
      31.     Commissioner's functions may be performed by
              others                                                29
      32.     Orders by police officers, offence to not obey        29
      33.     Regulations                                           30
      34.     Review of Act                                         30
      35.     Expiry of Act                                         30
              Schedule 1 -- Ancillary provisions
                  about exercising powers
      1.      When powers may be exercised                          31
      2.      Assistance to exercise powers                         31
      3.      Force, use of when exercising powers                  31
      4.      Animals, use of when exercising powers                32
      5.      Areas may be cordoned off                             32
      6.      Seizing things, ancillary powers for                  33
      7.      Seizing records, ancillary powers for                 33
      8.      Returning seized things                               34




page ii
                    Terrorism (Extraordinary Powers) Bill 2005



                                                     Contents



     Schedule 2 -- Searching people
     Division 1 -- Preliminary
1.   Interpretation                                     35
2.   "Basic search", meaning of                         35
3.   "Strip search", meaning of                         35
4.   Gender of person, ascertaining                     36
5.   Powers to assist doing searches                    36
     Division 2 -- How searches must be done
6.   Operation of this Division                         37
7.   General procedure                                  37
8.   Strip searches of protected people                 38
     Defined Terms




                                                       page iii
                           Western Australia


                     LEGISLATIVE ASSEMBLY

                      (As amended in committee)


   Terrorism (Extraordinary Powers) Bill 2005


                               A Bill for


An Act to provide powers to prevent and respond to terrorist acts.



The Parliament of Western Australia enacts as follows:




                                                               page 1
     Terrorism (Extraordinary Powers) Bill 2005
     Part 1          Preliminary

     s. 1



                              Part 1 -- Preliminary
     1.         Short title
                This is the Terrorism (Extraordinary Powers) Act 2005.

     2.         Commencement
 5        (1)   Subject to subsection (2), this Act comes into operation on the
                28th day after the day on which it receives the Royal Assent.
          (2)   Part 3 comes into operation on a day to be fixed by
                proclamation.

     3.         Interpretation
10              In this Act --
                "Commissioner" means the Commissioner of Police appointed
                    under the Police Act 1892 or a person acting in that office;
                "judge" means a judge of the Supreme Court;
                "place" means any land, building or structure, or a part of any
15                  land, building or structure;
                "reasonably suspects" has the meaning given by section 4;
                "record" means any record of information, irrespective of how
                     the information is recorded or stored or able to be
                     recovered and includes --
20                   (a) any thing from which images, sounds or writings can
                           be reproduced, with or without the aid of anything
                           else; and
                     (b) any thing on which information is recorded or stored,
                           whether electronically, magnetically, mechanically or
25                         by some other means;
                "serious indictable offence" means an indictable offence the
                     penalty specified by a written law for which is or includes
                     imprisonment for 5 years or more or for life;
                "terrorist act" has the meaning given to that term by section 5;


     page 2
                                       Terrorism (Extraordinary Powers) Bill 2005
                                                       Preliminary         Part 1

                                                                               s. 4



                "thing connected with a terrorist act" means a thing that was
                    or may have been used, is or may be being used, or is about
                    to be or may be used --
                     (a) to do a terrorist act; or
 5                  (b) in preparing to do a terrorist act;
                "vehicle" means any thing capable of transporting people or
                    things by air, road, rail or water, and it does not matter how
                    the thing is moved or propelled.

     4.         "Reasonably suspects", meaning of
10              For the purposes of this Act, a person reasonably suspects
                something at a relevant time if he or she, acting in good faith,
                personally has grounds at the time for suspecting the thing and
                those grounds (even if they are subsequently found to be false or
                non existent), when judged objectively, are reasonable.

15   5.         "Terrorist act", meaning of
          (1)   In this section --
                "jurisdiction" means this State, another State, a Territory, the
                     Commonwealth, or a foreign country;
                "person" means a person in any jurisdiction;
20              "property" means property in any jurisdiction.
          (2)   In this Act "terrorist act" means an act that --
                  (a) is an act that falls within subsection (3) but not within
                        subsection (4);
                  (b) is done with the intention of advancing a political,
25                      religious or ideological cause; and
                  (c) is done with the intention of --
                           (i) coercing, or influencing by intimidation, the
                                government of, or of a part of, any jurisdiction;
                                or
30                        (ii) intimidating the public, or a section of the public,
                                of any jurisdiction.

                                                                            page 3
     Terrorism (Extraordinary Powers) Bill 2005
     Part 1          Preliminary

     s. 5



        (3)   An act falls within this subsection if it --
               (a) causes a person's death;
               (b) causes serious physical harm to a person;
               (c) endangers a person's life, other than the life of the
 5                    person doing the act;
               (d) creates a serious risk to the health or safety of the
                      public;
               (e) causes serious damage to property; or
                (f) seriously interferes with, seriously disrupts, or destroys,
10                    an electronic system including, but not limited to --
                         (i) an information system;
                        (ii) a telecommunications system;
                       (iii) a financial system;
                       (iv) a system used for the delivery of essential
15                            government services;
                        (v) a system used for, or by, an essential public
                              utility;
                       (vi) a system used for, or by, a transport system.
        (4)   An act falls within this subsection if it --
20             (a) is advocacy, protest, dissent or industrial action; and
               (b) is not intended --
                         (i) to cause a person's death;
                        (ii) to cause serious physical harm to a person;
                       (iii) to endanger a person's life, other than the life of
25                            the person doing the act;
                       (iv) to create a serious risk to the health or safety of
                              the public.




     page 4
                                        Terrorism (Extraordinary Powers) Bill 2005
                                              Special police powers         Part 2
                                                        Preliminary    Division 1
                                                                               s. 6



                       Part 2 -- Special police powers
                             Division 1 -- Preliminary
     6.         Interpretation
                In this Part --
 5              "Commissioner's warrant" means a warrant issued under
                     Division 2;
                "target area" means an area specified as such in a
                     Commissioner's warrant;
                "target person" means a person specified as such in a
10                   Commissioner's warrant;
                "target vehicle" means a vehicle specified as such in a
                     Commissioner's warrant.

                     Division 2 -- Commissioner's warrants
     7.         Warrant, issue of
15        (1)   The Commissioner may issue a warrant that authorises police
                officers to exercise the powers in Division 3.
          (2)   The Commissioner must not issue such a warrant unless he or
                she is satisfied there are reasonable grounds to believe --
                  (a) that a terrorist act has been, is being, or is about to be,
20                      committed, whether in or outside this State; and
                  (b) that the exercise of the powers in Division 3 will
                        substantially assist in achieving one or more of these
                        purposes --
                           (i) to prevent the terrorist act;
25                        (ii) to minimise the risk to the safety or health of the
                                 public, or any section of the public, in this State
                                 arising from the act;
                         (iii) to find a person in this State who is or may be
                                 connected with the terrorist act;

                                                                              page 5
     Terrorism (Extraordinary Powers) Bill 2005
     Part 2          Special police powers
     Division 2      Commissioner's warrants
     s. 8



                         (iv)   to find a vehicle in this State that is or may be
                                connected with the terrorist act;
                         (v)    to carry out investigations in this State into the
                                terrorist act, and obtain evidence in this State
 5                              relevant to the terrorist act.
          (3)   The Commissioner must not issue such a warrant without the
                prior approval of a judge but, if there is an urgent need to issue
                it and a judge cannot be contacted to request approval, may
                issue it without such approval.
10        (4)   If the Commissioner issues such a warrant without the prior
                approval of a judge, the warrant ceases to have effect if --
                  (a) a judge subsequently refuses to approve its issue; or
                  (b) a judge does not approve its issue within 24 hours after
                        its issue,
15              whichever happens first.
          (5)   As soon as practicable after the Commissioner issues such a
                warrant, he or she must give a written report to the Minister
                that --
                  (a) states the terms of the warrant;
20                (b) describes generally the grounds for, and the information
                       relied on when, issuing the warrant; and
                  (c) states for how long the warrant has effect.
          (6)   A judge who refuses to approve the issue of a warrant must give
                the Commissioner written reasons for the refusal.

25   8.         Warrant, content of
          (1)   A Commissioner's warrant must be in writing but, if it is not
                practicable to issue it in writing because of an urgent need to
                issue it --
                  (a) it may be issued orally with details recorded
30                       contemporaneously; and


     page 6
                                  Terrorism (Extraordinary Powers) Bill 2005
                                        Special police powers         Part 2
                                     Commissioner's warrants     Division 2
                                                                         s. 8



            (b)   if it is issued orally, it must be put in writing as soon as
                  practicable after it is issued and in any event within 6
                  hours.
     (2)   A Commissioner's warrant --
 5          (a) must be directed to all police officers;
            (b) must state that it is issued under this Act;
            (c) must describe the general nature of the terrorist act in
                 respect of which it is issued;
            (d) must name or describe (if necessary by using a picture
10               or other visual depiction) one or more of the
                 following --
                    (i) an area of the State in which the powers in
                         Division 3 may be exercised (the "target area");
                   (ii) a person sought (the "target person") in
15                       connection with the terrorist act;
                  (iii) a vehicle sought (the "target vehicle") in
                         connection with the terrorist act;
            (e) must state the date and time it is issued;
             (f) must state whether it has been approved by a judge;
20          (g) must state the date and time when it will, unless before
                 then it ceases to have effect under section 7(4) or is
                 cancelled under section 9, cease to have effect; and
            (h) subject to subsection (1), must be signed by the
                 Commissioner.
25   (3)   An area of the State stated under subsection (2)(d)(i) must not
           be larger than is reasonably necessary to allow the purposes for
           which the Commissioner's warrant is issued to be achieved
           effectively.
     (4)   The date and time stated under subsection (2)(g) must not be
30         more than 7 days after the date on which the warrant is issued.




                                                                        page 7
     Terrorism (Extraordinary Powers) Bill 2005
     Part 2          Special police powers
     Division 3      Powers under a Commissioner's warrant
     s. 9



     9.          Warrant, duration of
           (1)   A Commissioner's warrant has effect until the date and time
                 stated in it or until it ceases to have effect under section 7(4), or
                 until it is cancelled under this section, whichever happens first.
 5         (2)   The Commissioner may cancel a Commissioner's warrant at
                 any time.
           (3)   The life of a Commissioner's warrant cannot be extended but,
                 subject to this Division, the Commissioner may issue a further
                 warrant that has effect immediately a previously issued warrant
10               ceases to have effect.

             Division 3 -- Powers under a Commissioner's warrant
     10.         Exercising powers, general matters
           (1)   While a Commissioner's warrant has effect, the powers in this
                 Division may be exercised by any police officer in respect of the
15               matters set out in the Commissioner's warrant.
           (2)   A police officer may exercise those powers --
                  (a) without any other warrant; and
                  (b) even if he or she is not in possession of the
                        Commissioner's warrant or a copy of it.
20         (3)   Schedule 1 applies in relation to exercising any power in this
                 Division.
           (4)   Before or when or as soon as practicable after exercising a
                 power in this Division in relation to a person, a police officer
                 must tell the person the reason for exercising the power.
25         (5)   A person in relation to whom a police officer is about to
                 exercise or is exercising a power in this Division may request
                 the officer to identify himself or herself.




     page 8
                                       Terrorism (Extraordinary Powers) Bill 2005
                                              Special police powers        Part 2
                             Powers under a Commissioner's warrant    Division 3
                                                                             s. 11



           (6)   A police officer requested by a person to identify himself or
                 herself must --
                   (a) give the person the officer's surname and rank; and
                   (b) if the officer is not in uniform, show the person evidence
 5                       that the officer is a police officer.
           (7)   Subsections (5) and (6) do not affect the operation of the
                 Criminal Investigation (Identifying People) Act 2002 section 16.

     11.         Target areas, powers in respect of
           (1)   A police officer may order a person who the officer reasonably
10               suspects is about to enter a target area not to enter the target
                 area.
           (2)   A police officer may order the person in charge of a vehicle that
                 the officer reasonably suspects is about to enter a target area not
                 to take the vehicle into the target area.
15         (3)   A police officer may order a person who the officer reasonably
                 suspects is in a target area either --
                   (a) to leave the target area; or
                   (b) to remain in the target area.
           (4)   If a police officer reasonably suspects that a vehicle is in a
20               target area, the officer may --
                   (a) order the person in charge of the vehicle either --
                            (i) to remove it from the target area; or
                           (ii) not to remove it from the target area;
                          or
25                 (b) move the vehicle from the target area.

     12.         Personal details of certain people may be obtained
           (1)   This section must be read as one with the Criminal Investigation
                 (Identifying People) Act 2002.



                                                                              page 9
     Terrorism (Extraordinary Powers) Bill 2005
     Part 2          Special police powers
     Division 3      Powers under a Commissioner's warrant
     s. 13



           (2)   In this section, a term that is not defined in this Act has the
                 meaning given to it by the Criminal Investigation (Identifying
                 People) Act 2002.
           (3)   If a police officer reasonably suspects that a person whose
 5               personal details are unknown to the officer --
                   (a) is about to enter, is in, or has recently left, a target area;
                   (b) is a target person;
                   (c) is in the company of a target person in suspicious
                          circumstances; or
10                 (d) is in a target vehicle,
                 the officer may exercise the powers in the Criminal
                 Investigation (Identifying People) Act 2002 section 16 as if the
                 person were reasonably suspected by the officer to be able to
                 assist in the investigation of a suspected offence.
15         (4)   The Criminal Investigation (Identifying People) Act 2002
                 section 16, with any necessary changes, applies to and in respect
                 of the exercise of the powers in subsection (3) as if the power
                 were conferred by that Act.

     13.         Certain people may be searched
20         (1)   In this section, a term not defined in section 3 has the meaning
                 given to it by Schedule 2 clause 1.
           (2)   If a police officer reasonably suspects that a person --
                   (a) is about to enter, is in, or has recently left, a target area;
                   (b) is a target person;
25                 (c) is in the company of a target person in suspicious
                          circumstances; or
                   (d) is in a target vehicle,
                 the officer may do a basic search or a strip search on the person
                 for the purposes of looking for a thing connected with a terrorist
30               act.


     page 10
                                       Terrorism (Extraordinary Powers) Bill 2005
                                              Special police powers        Part 2
                             Powers under a Commissioner's warrant    Division 3
                                                                             s. 14



           (3)   A police officer must not do a strip search on a person under
                 subsection (2) unless the officer reasonably suspects --
                   (a) that the person is a target person;
                   (b) that a strip search is necessary; and
 5                 (c) that the seriousness and urgency of the situation require
                        a strip search to be done.
           (4)   Schedule 2 applies to and in relation to a search of a person
                 under subsection (2).

     14.         Certain vehicles may be searched
10         (1)   If a police officer reasonably suspects that a vehicle --
                   (a) is about to enter, is in, or has recently left, a target area;
                   (b) is a target vehicle; or
                   (c) contains a target person,
                 the officer may enter and search the vehicle and any thing in or
15               attached to it for a thing connected with a terrorist act or for the
                 target person or both.
           (2)   For the purposes of searching a vehicle under subsection (1), a
                 police officer may do any or all of the following --
                   (a) stop and detain the vehicle for a reasonable period;
20                (b) move the vehicle to a place suitable to do the search.

     15.         Certain places may be entered and searched
           (1)   If a police officer reasonably suspects that a place is in a target
                 area, the officer may enter and search the place for a thing
                 connected with a terrorist act.
25         (2)   If a police officer reasonably suspects that --
                   (a) a target person is in a place; or
                   (b) a target vehicle is in a place,
                 the officer may enter and search the place for the target person,
                 or for the target vehicle or both.

                                                                              page 11
     Terrorism (Extraordinary Powers) Bill 2005
     Part 2          Special police powers
     Division 4      Special officers
     s. 16



     16.         Seizing things found
           (1)   If a police officer in a target area finds, or a police officer doing
                 a search under this Division finds, a thing that the officer
                 reasonably suspects is a thing connected with a terrorist act, the
 5               officer may seize it.
           (2)   If a police officer in a target area finds, or a police officer doing
                 a search under this Division finds, a thing that is not a thing
                 connected with a terrorist act but that the officer reasonably
                 suspects is a thing that is or may be evidence in relation to a
10               serious indictable offence, the officer may seize it.

                             Division 4 -- Special officers
     17.         Appointing police officers of other jurisdictions to be special
                 officers
           (1)   The Commissioner may appoint as a special officer for the
15               purposes of this Act any person who is --
                   (a) a member of the Australian Federal Police; or
                  (b) a member of the police force of another State or of a
                        Territory.
           (2)   The Commissioner must not make an appointment under
20               subsection (1) unless he or she is of the opinion that the
                 appointment is necessary for the more effective exercise of the
                 powers that may be exercised under a Commissioner's warrant.
           (3)   The appointment of a special officer --
                  (a) must be in writing;
25                (b) must state the date and time it is made;
                  (c) must state the date and time it ceases to have effect;
                  (d) may be made subject to any condition the Commissioner
                        thinks fit; and
                  (e) must be signed by the Commissioner.



     page 12
                                        Terrorism (Extraordinary Powers) Bill 2005
                                              Special police powers         Part 2
                                                    Special officers   Division 4
                                                                              s. 18



           (4)   The date and time stated under subsection (3)(c) must not be
                 more than 14 days after the date on which the appointment is
                 made.
           (5)   The appointment of 2 or more special officers may be in one
 5               instrument of appointment.
           (6)   The Commissioner may cancel the appointment of a special
                 officer at any time.
           (7)   A special officer's appointment has effect until the date and
                 time stated in it or until it is cancelled under this section,
10               whichever happens first.
           (8)   The life of a special officer's appointment cannot be extended
                 but, subject to this section, the Commissioner may make a
                 further appointment that has effect immediately a prior
                 appointment ceases to have effect.

15   18.         Functions of special officers
           (1)   Unless his or her appointment provides to the contrary, a special
                 officer appointed under section 17 --
                   (a) has and may perform any function that a police officer
                         has and may perform under this Part; and
20                 (b) in connection with the exercise of any such function, has
                         and may perform any function that a police officer has
                         under any other written law or the common law.
           (2)   A special officer appointed under section 17 is to be taken to be
                 a public officer for the purposes of The Criminal Code.
25         (3)   A special officer appointed under section 17 and exercising a
                 function under subsection (1) is to be taken to be a police officer
                 for the purposes of the Police Act 1892 section 137.




                                                                            page 13
     Terrorism (Extraordinary Powers) Bill 2005
     Part 2          Special police powers
     Division 5      Miscellaneous
     s. 19



                             Division 5 -- Miscellaneous
     19.         Government agency, directions to
           (1)   In this section --
                 "government agency" means any body (whether corporate or
 5                    unincorporate) or the holder of any office, post or position,
                      being a body, office, post or position established under a
                      written law for a public purpose.
           (2)   While a Commissioner's warrant has effect, the Commissioner
                 may direct a government agency to perform or refrain from
10               performing, or as to the manner of performing, any function that
                 the agency has under a written law.
           (3)   The Commissioner must not give such a direction unless he or
                 she reasonably suspects the direction is necessary to facilitate
                 the exercise of any of the powers in Division 3.
15         (4)   A government agency given such a direction is authorised and
                 required to comply with it, despite the written law that confers
                 the function concerned.

     20.         Warrant not open to challenge while in effect
           (1)   While a Commissioner's warrant has effect, neither the warrant
20               nor a judge's approval of it can be appealed against, reviewed,
                 quashed, challenged, or called in question, before or by any
                 person acting judicially or a court or tribunal on any account or
                 by any means.
           (2)   Subsection (1) does not affect the operation of the Corruption
25               and Crime Commission Act 2003.




     page 14
                                        Terrorism (Extraordinary Powers) Bill 2005
                                              Special police powers         Part 2
                                                     Miscellaneous     Division 5
                                                                              s. 21



     21.         Report to Minister and Attorney General about warrant
           (1)   As soon as practicable or no later than 30 days after a
                 Commissioner's warrant ceases to have effect the
                 Commissioner must give a written report to the Minister and the
 5               Attorney General that --
                  (a)    states the terms of the warrant;
                  (b)    describes generally the grounds for, and the information
                         relied on when, issuing the warrant;
                  (c)    states for how long the warrant had effect;
10                (d)    if it ceased to have effect under section 7(4)(a), includes
                         a copy of the judge's reasons for refusing to approve its
                         issue;
                  (e)    describes generally the powers that were exercised under
                         the warrant and how they were exercised; and
15                 (f)   states the result of the exercise of those powers.
           (2)   If a Commissioner's warrant is issued so as to have effect
                 immediately a previously issued warrant ceases to have effect,
                 subsection (1) must be obeyed as soon as practicable after the
                 last warrant ceases to have effect and the report must relate to
20               all of the warrants.
           (3)   If a Commissioner's warrant is not issued because a judge
                 refused to approve its issue, the Commissioner must give a
                 written report to the Minister and the Attorney General that --
                   (a) states what the terms of the proposed warrant were;
25                 (b) describes generally the grounds on which, and the
                         information relied on when, it was proposed to issue the
                         warrant; and
                   (c) includes a copy of the judge's reasons for the refusal.
           (4)   The Minister must cause a report given under this section to be
30               tabled before each House of Parliament within 60 days after the
                 date on which the Minister receives it.



                                                                            page 15
     Terrorism (Extraordinary Powers) Bill 2005
     Part 3          Covert search warrants

     s. 22



                      Part 3 -- Covert search warrants
     22.         Interpretation
                 In this Part --
                 "authorised applicant" means a police officer who is
 5                    authorised under section 23 to apply for a covert search
                      warrant;
                 "covert search warrant" means a covert search warrant issued
                      under this Part;
                 "target place", in relation to a covert search warrant, means the
10                    place to be searched under warrant.

     23.         Authorising police officers to apply for a covert search
                 warrant
           (1)   The Commissioner may authorise a police officer to apply for a
                 covert search warrant.
15         (2)   The Commissioner must not authorise a police officer to apply
                 for a covert search warrant unless the Commissioner is satisfied
                 there are reasonable grounds to believe --
                   (a) that a terrorist act has been, is being, or is about to be,
                         committed, whether in or outside this State;
20                 (b) that entry to and search of a place in this State will
                         substantially assist in preventing or investigating the act;
                         and
                   (c) that the entry and search needs to be carried out without
                         the knowledge of the occupier of the place.
25         (3)   An authorisation by the Commissioner must be in writing but, if
                 it is not practicable to issue it in writing because of an urgent
                 need to issue it --
                    (a) it may be issued orally; and
                    (b) if it is issued orally, it must be put in writing as soon as
30                        practicable after it is issued.


     page 16
                                        Terrorism (Extraordinary Powers) Bill 2005
                                             Covert search warrants         Part 3

                                                                               s. 24



     24.         Covert search warrant, application for
           (1)   Only an authorised applicant may apply for a covert search
                 warrant.
           (2)   An application for a covert search warrant must be made to a
 5               judge in accordance with section 25.
           (3)   An application for a covert search warrant must --
                  (a) state the authorised applicant's full name, rank and
                        registered number;
                  (b) describe the target place;
10                (c) state the name of the occupier of the target place, if it is
                        known;
                  (d) state the grounds on which the applicant suspects --
                           (i) that a terrorist act has been, is being, or is about
                                to be, committed, whether in or outside this
15                              State;
                          (ii) that entry to and search of the target place will
                                substantially assist in preventing or investigating
                                the act; and
                         (iii) that the entry and search needs to be carried out
20                              without the knowledge of the occupier of the
                                target place;
                  (e) describe the thing connected to a terrorist act, or the
                        class of such things, to be searched for in the target
                        place;
25                 (f) state the grounds on which the applicant suspects that
                        the thing or class of thing sought is a thing connected
                        with the terrorist act and that it is in the target place;
                  (g) if power is sought to enter a place adjoining or near the
                        target place --
30                         (i) describe the place to be entered; and
                          (ii) state why the power is sought;


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                  (h)    if power is sought to remove any thing from the target
                         place and replace it with a substitute --
                            (i) describe the thing; and
                           (ii) state why the power is sought;
 5                 (i)   if power is sought to re-enter the target place to return
                         any thing removed from, or to retrieve any thing
                         substituted in, the place when it was first entered under
                         the warrant --
                            (i) describe the thing; and
10                         (ii) state why the power is sought;
                   (j)   state whether an application for a covert search warrant
                         for the target place has been made in the previous
                         3 months and whether it was refused or granted; and
                  (k)    include any other information required by the
15                       regulations.
           (4)   If a covert search warrant for the target place has been issued in
                 the 3 months prior to the application, a copy of it must be
                 attached to the application.

     25.         Covert search warrant, procedure for applying for
20         (1)   In this section --
                 "remote communication" means any way of communicating at
                     a distance including by telephone, fax, email and radio.
           (2)   A reference in this section to making an application includes a
                 reference to giving information in support of the application.
25         (3)   This section applies to and in respect of an application for a
                 covert search warrant.
           (4)   The application must be made in person before a judge
                 unless --
                   (a) the warrant is needed urgently; and



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                                                                         s. 25



            (b)   the applicant reasonably suspects that a judge is not
                  available within a reasonable distance of the applicant,
           in which case --
             (c) it may be made to a judge by remote communication;
 5                and
             (d) the judge must not grant it unless satisfied about the
                  matters in paragraphs (a) and (b).
     (5)   The application must be made in writing unless --
            (a) the application is made by remote communication; and
10          (b) it is not practicable to send the judge written material,
           in which case --
             (c) it may be made orally; and
             (d) the judge must make a written record of the application
                  and any information given in support of it.
15   (6)   The application must be made on oath unless --
            (a)   the application is made by remote communication; and
            (b)   it is not practicable for the judge to administer an oath to
                  the applicant,
           in which case --
20           (c) it may be made in an unsworn form; and
            (d)   if the judge issues a warrant, the applicant must as soon
                  as practicable send the judge an affidavit verifying the
                  application and any information given in support of it.
     (7)   If on an application made by remote communication a judge
25         issues a warrant, the judge must, if practicable, send a copy of
           the original warrant to the applicant by remote communication,
           but otherwise --
             (a) the judge must give the applicant by remote
                   communication any information that must be set out in
30                 the warrant;


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                  (b)    the applicant must complete a form of a warrant with the
                         information received and give the judge a copy of the
                         form as soon as practicable after doing so; and
                   (c)   the judge must attach the copy of the form to the
 5                       original warrant and any affidavit received from the
                         applicant and make them available for collection by the
                         applicant.
           (8)   The copy of the original warrant sent, or the form of the warrant
                 completed, as the case may be, under subsection (7) has the
10               same force and effect as the original warrant.
           (9)   If an applicant contravenes subsection (6)(d) or (7)(b) any
                 evidence obtained under the warrant or order is not admissible
                 in proceedings in a court unless the court decides otherwise.

     26.         Covert search warrant, issue of
15         (1)   On an application made under section 24, a judge may issue a
                 covert search warrant in respect of a place if the judge is
                 satisfied --
                   (a) that, in respect of each of the matters in section 24(3)
                          that the applicant suspects, there are reasonable grounds
20                        for the applicant to have that suspicion;
                   (b) having considered the matters in subsection (3), that the
                          issue of the warrant is justified; and
                   (c) if an application for a covert search warrant for the
                          target place has been made in the previous 3 months and
25                        refused -- that the new application contains additional
                          information that, together with that in the previous
                          application, justifies issuing the warrant.
           (2)   A judge must not issue a covert search warrant that confers a
                 power to enter a place adjoining or near the target place unless
30               satisfied that the power is reasonably necessary --
                   (a) to facilitate entry to or the search of the target place;
                   (b) to prevent the search being frustrated or jeopardised; or


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                                                                       s. 26



            (c)   for any other good reason.
     (3)   In deciding whether the issue of a covert search warrant is
           justified, a judge must consider (but is not limited to
           considering) these matters --
 5           (a) the nature and seriousness of the terrorist act described
                    in the application;
             (b) whether there are alternative means of finding the thing
                    or class of thing sought.
     (4)   A judge issuing a covert search warrant may do so on any terms
10         and conditions the judge thinks just.
     (5)   A covert search warrant must contain this information --
            (a) the authorised applicant's full name, rank and registered
                  number;
            (b) a description of the target place;
15          (c) a description of the thing or the class of thing that may
                  be searched for and seized;
            (d) if the warrant authorises the entry of a place that adjoins
                  or is near the target place -- a description of the place;
            (e) if the warrant authorises the removal of a thing from the
20                target place and its replacement with a substitute -- a
                  description of the thing;
             (f) if the warrant authorises the re-entry of the target place
                  to return any thing removed from, or to retrieve any
                  thing substituted in, the place when it was first entered
25                under the warrant -- a description of the thing;
            (g) any other terms or conditions to which it is subject;
            (h) the date on which it expires, which must not be more
                  than 30 days after the date on which it is issued;
             (i) the date and time when it was issued.




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     27.         Covert search warrant, effect of
           (1)   In this section, a term not defined in section 3 has the meaning
                 given to it by Schedule 2 clause 1.
           (2)   A covert search warrant has effect according to its contents and
 5               this section.
           (3)   Schedule 1 applies in relation to exercising any power under a
                 covert search warrant.
           (4)   A covert search warrant comes into force when it is issued by a
                 judge.
10         (5)   A covert search warrant may be executed by any police officer.
           (6)   A covert search warrant authorises entry to the place to which it
                 applies for a reasonable period for the purpose of executing the
                 warrant.
           (7)   A covert search warrant authorises the officer executing it to
15               exercise any or all of these primary powers --
                   (a) to enter the target place;
                   (b) to do so without the knowledge of, and without at the
                         time advising, the occupier of the target place;
                   (c) to impersonate another person for the purposes of
20                       executing the warrant;
                   (d) to search the target place for, and to seize, the thing or
                         class of thing described in the warrant;
                   (e) to seize any thing found that is not connected with a
                         terrorist act but which the officer reasonably suspects
25                       may be evidence relevant to a serious indictable offence;
                    (f) to do a basic search or a strip search of any person who
                         is in the target place when the warrant is being executed
                         for any thing or class of thing described in the warrant;




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                                        Covert search warrants         Part 3

                                                                           s. 27



            (g)    if the warrant expressly so authorises --
                      (i) to enter, but not to search, a place that adjoins or
                           is near the target place and that is specified in the
                           warrant;
 5                   (ii) to remove a thing described in the warrant from
                           the target place and replace it with a substitute;
                    (iii) subject to subsection (11), to re-enter the target
                           place to return any thing removed from, or to
                           retrieve any thing substituted in, the place when
10                         it was first entered under the warrant.
     (8)   A covert search warrant also authorises the officer executing it
           to exercise any or all of these ancillary powers --
             (a) to take into and use in the target place any equipment or
                   facilities that are reasonably necessary in order to
15                 exercise any power under the warrant;
             (b) to photograph or otherwise make a record of any thing
                   in the target place;
             (c) to conduct a forensic test in the target place or on any
                   thing in it;
20           (d) to make reasonable use of any equipment, facilities or
                   services in the target place in order to exercise any
                   power under the warrant and for that purpose --
                      (i) to order any occupier of the place to do anything
                            reasonable to facilitate that use; and
25                   (ii) to operate the equipment or facilities;
             (e) in order to search for any record --
                      (i) to operate any device or equipment in the target
                            place that is needed to gain access to, recover, or
                            make a reproduction of, the record; and
30                   (ii) to order any occupier of the target place to
                            operate any such device or equipment;
              (f) if the officer reasonably suspects it is necessary to do so
                   to protect the safety of any person, including the officer,

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     s. 27



                      who is in or near the target place when the warrant is
                      being executed --
                         (i) to detain a person who is in the place;
                        (ii) to do a basic search or a strip search of a person
 5                           who is in the place;
                       (iii) to order a person to leave the place or its vicinity;
                       (iv) to order a person not to enter the place or its
                             vicinity;
                        (v) to seize and retain any weapon or other thing in
10                           the place that could endanger a person,
                      while the warrant is being executed.
        (9)    Schedule 2 applies to and in respect of a search of a person
               under this section.
       (10)    A covert search warrant ceases to be in force --
15              (a) on the expiry date specified in the warrant; or
                (b) when it is executed,
               whichever happens first.
       (11)    If a covert search warrant authorises the re-entry of the target
               place for the purpose of returning any thing removed from, or
20             retrieving any thing substituted in, the place when it was first
               entered under the warrant, then --
                  (a) the place may be re-entered but only for that purpose;
                 (b) the re-entry must occur within 7 days after the date on
                       which the place was first entered or within a longer
25                     period authorised, before the end of the 7 days, by a
                       judge;
                  (c) for the purposes of re-entering the place and returning or
                       retrieving the thing, a police officer may exercise such
                       of the powers in subsections (7) and (8) as may be
30                     reasonably necessary; and
                 (d) despite subsection (10), the warrant continues in effect
                       subject to this subsection.

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                                            Covert search warrants         Part 3

                                                                              s. 28



      (12)       A police officer must not do a strip search on a person under
                 subsection 7(f) or subsection 8(f)(ii) unless the officer
                 reasonably suspects --
                   (a) that a strip search is necessary; and
 5                 (b) that the seriousness and urgency of the situation require
                        a strip search to be done.

     28.         Execution of covert search warrant, report to judge about
           (1)   The authorised applicant named in a covert search warrant must
                 give the judge who issued the warrant (or, in the absence of that
10               judge, the Chief Justice) a written report about the execution of
                 the warrant in accordance with this section.
                 Penalty: a fine of $12 000 and imprisonment for 12 months.
           (2)   The report must be given to the judge within 7 days after --
                  (a) if the warrant was executed -- the day on which it was
15                      executed;
                  (b)   if the warrant was not executed -- the expiry date
                        specified in the warrant.
           (3)   If the warrant was executed, the report must --
                   (a) state the date and time it was executed;
20                 (b) describe each place that was entered under the warrant;
                   (c) if known, state the name of each occupier of each place
                         that was entered under the warrant;
                   (d) name each person who executed or assisted in executing
                         the warrant;
25                 (e) state what powers were exercised under the warrant;
                    (f) describe briefly --
                            (i) any thing that was seized under the warrant,
                                including any copy of a record; and
                           (ii) any thing in the place that was removed and
30                              replaced with a substitute,


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     Terrorism (Extraordinary Powers) Bill 2005
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     s. 28



                       and state the grounds for suspecting --
                        (iii) it is a thing connected with a terrorist act; or
                        (iv) it may be evidence relevant to a serious
                                indictable offence;
 5              (g)    describe briefly any photograph or other evidentiary
                       material that was obtained under the warrant;
                (h)    if the target place was re-entered to return any thing
                       removed from, or to retrieve any thing substituted in, the
                       place when it was first entered under the warrant --
10                        (i) state when the target place was re-entered;
                         (ii) describe any other place that was entered in order
                                to re-enter the place;
                        (iii) name each person who re-entered the target place
                                or any other place in order to re-enter the target
15                              place;
                        (iv) describe the thing that was returned or retrieved;
                         (v) if the thing that was not returned or retrieved,
                                explain why it was not;
                 (i)   state whether or not the execution of the warrant assisted
20                     in the prevention or investigation of the terrorist act in
                       relation to which the warrant was issued and, if so, how
                       it assisted;
                 (j)   state whether or not the execution of the warrant assisted
                       in the prevention or investigation of any other terrorist
25                     act or any indictable offence and, if so, how it assisted;
                       and
                (k)    contain any other information required by the
                       regulations.
        (4)    If the warrant was not executed, the report must --
30               (a) explain briefly why it was not executed; and
                 (b) contain any other information required by the
                       regulations.


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                                            Covert search warrants         Part 3

                                                                             s. 29



     29.         No publication of information about covert search warrant
           (1)   In this section --
                 "confidential information", in relation to a covert search
                      warrant, means any information about or derived from --
 5                    (a) an application for the warrant or proceedings on the
                             application; or
                      (b) a report given under section 28.
           (2)   A person must not publish any confidential information in
                 relation to a covert search warrant except in accordance with the
10               approval of the Supreme Court.
                 Penalty: a fine of $24 000 and imprisonment for 2 years.

     30.         Annual report about covert search warrants
           (1)   The Commissioner must, by 31 August in each year, give the
                 Minister a report containing this information for the previous
15               financial year --
                   (a) how many applications for covert search warrants were
                         made, refused and granted;
                   (b) how many of those applications were made, refused or
                         granted by remote communication under section 25;
20                 (c) how many covert search warrants were executed;
                   (d) how many places were entered under covert search
                         warrants;
                   (e) on how many occasions things connected with terrorist
                         acts were seized;
25                  (f) on how many occasions any thing was replaced with a
                         substitute for it;
                   (g) on how many occasions a place was re-entered to return
                         or retrieve any thing;
                   (h) on how many occasions electronic equipment was
30                       operated under covert search warrants;



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    Terrorism (Extraordinary Powers) Bill 2005
    Part 3          Covert search warrants

    s. 30



                (i)   any other information that the Minister requests the
                      Commissioner to include in relation to covert search
                      warrants.
       (2)    The report may form part of the annual report submitted to the
5             Minister under the Financial Administration and Audit
              Act 1985.
       (3)    If the report does not form part of that annual report, the
              Minister must, within 30 days after receiving it, cause it to be
              tabled before each House of Parliament.




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                                       Terrorism (Extraordinary Powers) Bill 2005
                                                    Miscellaneous          Part 4

                                                                             s. 31



                            Part 4 -- Miscellaneous
     31.         Commissioner's functions may be performed by others
           (1)   In this section --
                 "authorised" means authorised under subsection (3);
 5               "Deputy Commissioner" means a police officer who holds or
                      is acting in the office of Deputy Commissioner.
           (2)   The Commissioner's functions in this Act, other than the power
                 in subsection (3), may be performed --
                   (a) if the office of Commissioner is vacant, or if the
10                       Commissioner is on leave or out of the State or
                         otherwise unavailable to exercise the functions -- by an
                         authorised Deputy Commissioner; or
                  (b)   if paragraph (a) applies but every Deputy Commissioner
                        is on leave or out of the State or otherwise unavailable
15                      to exercise the functions -- by an authorised police
                        officer who holds or is acting in a rank more senior than
                        Superintendent.
           (3)   The Commissioner, in writing, may authorise one or more
                 Deputy Commissioners or other police officers who hold or are
20               acting in a rank more senior than Superintendent for the
                 purposes of this section.
           (4)   If any of the Commissioner's functions in this Act is performed
                 by a person other than the Commissioner, the person must
                 notify the Commissioner of the fact as soon as practicable.

25   32.         Orders by police officers, offence to not obey
                 A person who, without reasonable excuse (the onus of proving
                 which is on the person), does not comply with an order given by
                 a police officer under this Act commits an offence.
                 Penalty: a fine of $12 000 and imprisonment for 12 months.




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     Terrorism (Extraordinary Powers) Bill 2005
     Part 4          Miscellaneous

     s. 33



     33.         Regulations
                 The Governor may make regulations prescribing all matters that
                 are required or permitted by this Act to be prescribed or are
                 necessary or convenient to be prescribed for giving effect to the
 5               purposes of this Act.

     34.         Review of Act
           (1)   The Minister must carry out a review of this Act as soon as is
                 practicable after --
                   (a) the first anniversary of the commencement of this
10                       section; and
                   (b) thereafter after every third year after the first
                         anniversary.
           (2)   The review must review the operation and effectiveness of this
                 Act, whether its provisions are appropriate to prevent and
15               respond to terrorist acts, and whether it should continue in
                 operation.
           (3)   The Minister must prepare a report based on the review and, as
                 soon as practicable or no later than 90 days after it is prepared,
                 cause it to be tabled before each House of Parliament.

20   35.         Expiry of Act
           (1)   This Act expires on the tenth anniversary of the day on which it
                 receives the Royal Assent.
           (2)   Any warrant issued, or any authorisation or appointment made,
                 under the Act and which is in force on the tenth anniversary of
25               the day on which the Act receives the Royal Assent, will cease
                 to be in force.




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                                          Terrorism (Extraordinary Powers) Bill 2005
                          Ancillary provisions about exercising powers  Schedule 1

                                                                                     cl. 1



     Schedule 1 -- Ancillary provisions about exercising powers
                                                                         [s. 10(3), 27(3)]

     1.         When powers may be exercised
                A power in this Act may be exercised at any time of the day or night,
 5              unless it is expressly provided otherwise.

     2.         Assistance to exercise powers
          (1)   A police officer who may exercise a power in this Act may authorise
                as many other persons to assist in exercising the power as are
                reasonably necessary in the circumstances.
10        (2)   A person so authorised may exercise the power or assist the other to
                exercise the power, as the case requires.
          (3)   Whether requested to do so or not, a person may assist a police officer
                to exercise a power in this Act if the person reasonably suspects that
                the officer --
15                 (a) is lawfully entitled to exercise the power; and
                  (b)   needs assistance for the purpose of doing so.
          (4)   A person who under this clause is authorised by a police officer to
                exercise a power, or is assisting a police officer to exercise a power,
                must obey any lawful and reasonable directions of the officer when
20              exercising or assisting to exercise the power.

     3.         Force, use of when exercising powers
          (1)   When exercising a power in this Act, a police officer may use any
                force against any person or thing that it is reasonably necessary to use
                in the circumstances --
25                (a)   to exercise the power; and
                  (b)   to overcome any resistance to exercising the power that is
                        offered, or that the police officer reasonably suspects will be
                        offered, by any person.
          (2)   If under subclause (1) a person uses force, the force may be such as
30              causes damage to the property of another person.



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     Terrorism (Extraordinary Powers) Bill 2005
     Schedule 1      Ancillary provisions about exercising powers

     cl. 4



     4.         Animals, use of when exercising powers
          (1)   When exercising a power in this Act, a police officer may use an
                animal to assist if --
                  (a) the animal has been trained for the purposes for which it is
 5                      used; and
                  (b)   use of the animal is reasonably necessary in the
                        circumstances.
          (2)   A police officer who uses an animal to assist with exercising a power
                in this Act must take all reasonable measures to ensure the animal
10              does not injure a person or damage any property.

     5.         Areas may be cordoned off
          (1)   In this clause --
                "authorised", in relation to a cordoned off area, means authorised by
                      a police officer in attendance at the area;
15              "disturb" includes to damage, destroy, interfere with and remove.
          (2)   In order to facilitate or assist exercising any of the powers in this Act
                in any place, a police officer may cordon off the place or a part of it.
          (3)   In order to cordon off an area, the officer must take reasonable steps
                to notify people of the existence and boundaries of the area.
20        (4)   The area cordoned off must not be greater than is reasonably
                necessary for the purposes for which it is established.
          (5)   While an area is cordoned off, a police officer must remain near the
                area and may take reasonable measures, including giving orders --
                  (a)   to preserve the evidentiary value of the area or any thing in
25                      the area;
                  (b)   to secure the area against unauthorised disturbance;
                  (c)   to prevent an unauthorised person, animal or vehicle from
                        disturbing the area;
                  (d)   to restrict entry to the area to people, animals, and vehicles,
30                      that are authorised;
                  (e)   to remove an unauthorised person, animal or vehicle from the
                        area;


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                          Ancillary provisions about exercising powers  Schedule 1

                                                                                       cl. 6



                  (f)   if the area is established in or around a vehicle, to prevent the
                        vehicle from being moved.
          (6)   An unauthorised person who, without reasonable excuse (the onus of
                proving which is on the person), enters a cordoned off area commits
 5              an offence.
                Penalty: a fine of $12 000 and imprisonment for 12 months.
          (7)   An unauthorised person who, without reasonable excuse (the onus of
                proving which is on the person), disturbs any thing in a cordoned off
                area commits an offence.
10              Penalty: a fine of $12 000 and imprisonment for 12 months.

     6.         Seizing things, ancillary powers for
          (1)   If it is not practicable or convenient to move a thing that may be
                seized under this Act, an officer may seize the thing by attaching a
                notice to the thing stating that the thing has been seized.
15        (2)   If it is not practicable or convenient to move a thing that has been
                seized under this Act, an officer may do whatever is reasonably
                necessary to secure the thing in the place where it is.
          (3)   If a power in subclause (1) or (2) is exercised, the officer must, if
                practicable, give written notice of the fact that the thing has been
20              seized to the person in possession of the thing and the occupier of the
                place where the thing is.
          (4)   If under subclause (2) a thing is secured in a place without the consent
                of the occupier of the place, it may only be secured in the place for a
                reasonable period.

25   7.         Seizing records, ancillary powers for
          (1)   If under this Act a record may be seized, any device or equipment
                needed to gain access to, recover, or reproduce, the information in the
                record is to be taken may also be seized.
          (2)   If under this Act a record may be seized by a police officer, the officer
30              may, if practicable, reproduce the record, whether or not in the same
                form, and instead seize the reproduction.
          (3)   If under this Act a record is seized by a police officer, the officer may
                copy or take extracts from the record.

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    Terrorism (Extraordinary Powers) Bill 2005
    Schedule 1      Ancillary provisions about exercising powers

    cl. 8



    8.        Returning seized things
              A police officer who seizes a thing under this Act must return it to the
              person who owned it, or had lawful possession of it, when it was
              seized if the officer is satisfied that --
5               (a)   the thing does not need to be retained as evidence; and
                (b)   it would be lawful for the person to possess the thing.




    page 34
                                           Terrorism (Extraordinary Powers) Bill 2005
                                                      Searching people   Schedule 2
                                                           Preliminary    Division 1
                                                                                 cl. 1



                              Schedule 2 -- Searching people
                                                                                [s. 13, 27]
                                  Division 1 -- Preliminary
     1.         Interpretation
 5              In this Schedule --
                "basic search" of a person, means a search that complies with
                      clause 2;
                "frisk search" a person, means to quickly and methodically run the
                     hands over the outside of the person's clothing;
10              "private parts" of a person, means the person's genital area, anal
                     area, buttocks and, in the case of --
                        (a)    a female; or
                        (b)    a male undergoing a reassignment procedure, as that term
                               is defined in the Gender Reassignment Act 2000 section 3,
15                   breasts;
                "strip search" of a person, means a search that complies with
                     clause 3.
     2.         "Basic search", meaning of
                A police officer authorised by this Act to do a basic search of a person
20              may do any or all of the following --
                  (a)     scan the person with an electronic or mechanical device,
                          whether hand held or not, to detect any thing;
                  (b)     remove the person's headwear, gloves, footwear or outer
                          clothing (such as a coat or jacket), but not his or her inner
25                        clothing or underwear, in order to facilitate a frisk search;
                  (c)     frisk search the person;
                  (d)     search any article removed under paragraph (b).
     3.         "Strip search", meaning of
          (1)   A police officer authorised by this Act to do a strip search of a person
30              may do any or all of the following --
                  (a) remove any article that the person is wearing including any
                        article covering his or her private parts;

                                                                                   page 35
     Terrorism (Extraordinary Powers) Bill 2005
     Schedule 2      Searching people
     Division 1      Preliminary
     cl. 4



                  (b)   search any article removed under paragraph (a);
                  (c)   search the person's external parts, including his or her private
                        parts.
          (2)   A police officer authorised by this Act to do a strip search of a person
 5              is not entitled to search any of the person's bodily cavities.

     4.         Gender of person, ascertaining
                If it is necessary to ascertain the gender of a person before exercising
                a power in this Act on the person and the gender of the person is
                uncertain to the officer authorised to exercise the power --
10                (a)   the officer must ask the person to indicate whether a male or
                        a female should exercise the power on the person and must
                        act in accordance with the answer; and
                  (b)   in the absence of an answer, the person must be treated as if
                        of the gender that the person outwardly appears to the officer
15                      to be.

     5.         Powers to assist doing searches
                A police officer authorised by this Act to do a basic search or a strip
                search of a person may do any or all of the following --
                  (a) stop and detain the person for a reasonable period;
20                (b)   search any thing being carried by or under the immediate
                        control of the person;
                  (c)   order the person to remove any thing that might injure the
                        searcher when doing the search from any article that the
                        person is wearing;
25                (d)   order the person to do anything reasonable to facilitate the
                        search;
                  (e)   in the case of a strip search, order the person to accompany
                        the searcher to a place where the search can be done in
                        accordance with clause 7(4).




     page 36
                                         Terrorism (Extraordinary Powers) Bill 2005
                                                    Searching people   Schedule 2
                                          How searches must be done     Division 2
                                                                               cl. 6



                        Division 2 -- How searches must be done

     6.         Operation of this Division
                A police officer must comply with this Division unless, due to the
                urgency of the situation or other circumstances, it is not reasonably
 5              practicable to do so.

     7.         General procedure
          (1)   This clause operates if a police officer (the "searcher") is authorised
                by this Act to do a basic search or a strip search on a person.
          (2)   Before the searcher does a basic search or a strip search on the person
10              the searcher must --
                  (a)    request the person to consent to the search; and
                  (b)    if the person does not consent to the search or withdraws his
                         or her consent, inform the person that it is an offence to
                         obstruct the searcher doing the search.
15        (3)   If a basic search or a strip search is done on a person --
                  (a)    it must be done as quickly as is reasonably practicable;
                  (b)    it must not be any more intrusive than is reasonably necessary
                         in the circumstances;
                  (c)    it must be done by a person of the same gender as the person
20                       being searched unless the person doing it is a doctor or a
                         nurse;
                  (d)    the searcher, if he or she proposes to remove any article that
                         the person is wearing, must tell the person why it is
                         considered necessary to do so;
25                (e)    the person must be allowed to dress as soon as it is finished;
                  (f)    the person must be provided with a reasonably adequate
                         replacement for any article of clothing or footwear seized if,
                         due to the seizure, the person is left without adequate clothing
                         or footwear in the circumstances; and
30                (g)    the person must not be questioned while it is being done
                         about any offence that he or she is suspected of having
                         committed.



                                                                                page 37
     Terrorism (Extraordinary Powers) Bill 2005
     Schedule 2      Searching people
     Division 2      How searches must be done
     cl. 8



          (4)   If a strip search is done on a person that involves removing any article
                that the person is wearing or searching the person's private parts --
                  (a)     any person present while it is done must be of the same
                          gender as the person being searched;
 5                (b)     it must be done in circumstances affording reasonable privacy
                          to the person;
                  (c)     it must not involve the removal of more articles being worn
                          by the person than is reasonably necessary for doing it;
                  (d)     the person's private parts must not be searched unless the
10                        searcher reasonably suspects it is necessary to do so for the
                          purposes of the search;
                  (e)     it must not involve more visual inspection than is reasonably
                          necessary for doing it; and
                  (f)     the number of people present while it is done (excluding a
15                        person who is present under clause 8) must not be more than
                          is reasonably necessary to ensure it is done effectively and to
                          ensure the safety of all present.

     8.         Strip searches of protected people
          (1)   In this clause --
20              "child" means a person who is under 18 years of age and in respect of
                      whom there are no reasonable grounds to suspect that he or she
                      is an incapable person;
                "incapable person" means a person of any age --
                        (a)   who is unable by reason of a mental disability (which term
25                            includes intellectual disability, a psychiatric condition, an
                              acquired brain injury and dementia) to understand the
                              general nature and effect of, and the reason for and the
                              consequences of undergoing, a strip search; or
                        (b)
                          who is unconscious or otherwise unable to understand a
30                        request made or information given under this Act or to
                          communicate whether or not he or she consents to
                          undergoing a strip search;
                "protected person" means a person who is a child or an incapable
                    person;



     page 38
                                    Terrorism (Extraordinary Powers) Bill 2005
                                               Searching people   Schedule 2
                                     How searches must be done     Division 2
                                                                          cl. 8



           "responsible person" for a child, means --
                (a)    a parent of the child;
                (b)    a guardian of the child;
                (c)    another person who has responsibility for the day to day
 5                     care of the child; or
                (d)  if no person mentioned in another paragraph of this
                     definition is available -- a person, or a person in a class of
                     persons, prescribed;
           "responsible person" for an incapable person, means --
10              (a)    the spouse or de facto partner of the incapable person;
                (b)    a parent of the incapable person;
                (c)    if the incapable person is under 18 years of age -- a
                       guardian of the incapable person;
                (d)    if the incapable person has reached 18 years of age -- the
15                     Public Advocate or a guardian of the incapable person
                       appointed under the Guardianship and Administration
                       Act 1990;
                (e)    another person who has responsibility for the day to day
                       care of the incapable person; or
20               (f)   if no person mentioned in another paragraph of this
                       definition is available -- a person, or a person in a class of
                       persons, prescribed.
     (2)   If a strip search is done on a protected person, it must be done in the
           presence of a responsible person for the protected person or some
25         other person who can provide the protected person with support and
           represent his or her interests.




                                                                           page 39
Terrorism (Extraordinary Powers) Bill 2005



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)
     authorised ......................................................................... 31(1), Sch. 1, cl. 5(1)
     authorised applicant........................................................................................ 22
     basic search......................................................................................Sch. 2, cl. 1
     child............................................................................................ Sch. 2, cl. 8(1)
     Commissioner .................................................................................................. 3
     Commissioner's warrant................................................................................... 6
     confidential information .............................................................................29(1)
     covert search warrant...................................................................................... 22
     Deputy Commissioner ................................................................................31(1)
     disturb......................................................................................... Sch. 1, cl. 5(1)
     frisk search.......................................................................................Sch. 2, cl. 1
     government agency.....................................................................................19(1)
     incapable person.......................................................................... Sch. 2, cl. 8(1)
     judge.............................................................................................................. 22
     jurisdiction .................................................................................................. 5(1)
     person ......................................................................................................... 5(1)
     place ................................................................................................................ 3
     private parts .....................................................................................Sch. 2, cl. 1
     property ...................................................................................................... 5(1)
     protected person .......................................................................... Sch. 2, cl. 8(1)
     reasonably suspects .......................................................................................... 3
     record............................................................................................................... 3
     remote communication ...............................................................................25(1)
     responsible person ....................................................................... Sch. 2, cl. 8(1)
     searcher....................................................................................... Sch. 2, cl. 7(1)
     serious indictable offence ................................................................................. 3
     strip search.......................................................................................Sch. 2, cl. 1
     target area ................................................................................................6, 8(2)
     target person.............................................................................................6, 8(2)
     target place..................................................................................................... 22
     target vehicle............................................................................................6, 8(2)
     terrorist act...............................................................................................3, 5(2)
     thing connected with a terrorist act.................................................................... 3
     vehicle ............................................................................................................. 3




 


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