{"id":"terrorism-emergency-powers-act-2003","name":"Terrorism (Emergency Powers) Act 2003","slug":"terrorism-emergency-powers-act-2003","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30667,"registerId":"nt-terrorism-emergency-powers-act-2003-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Div 4","sectionType":"division","heading":"Informing person detained about preventative","content":"Division 4 Informing person detained about preventative\ndetention orders\n21ZD Effect of preventative detention order to be explained to\nperson detained ............................................................................. 42\n21ZE Compliance with obligation to inform ............................................. 43\n21ZF Copy of preventative detention order and summary of grounds .... 43\n21ZG Humane treatment of person being detained................................. 45\n21ZH Restriction on contact with other people ........................................ 45\n21ZI Contacting family members etc. .................................................... 45\n21ZJ Contacting Ombudsman and Ethical and Professional\nStandards Command ..................................................................... 46\n21ZK Contacting lawyer .......................................................................... 47\n21ZL Special contact rules for person under 18 or incapable of\nmanaging own affairs .................................................................... 49\n21ZM Monitoring contact with certain persons ........................................ 50\n21ZN Entitlement to contact subject to prohibited contact order ............. 51\n21ZO Disclosure offences ....................................................................... 51\n21ZP Questioning of person prohibited while person is detained ........... 57\n21ZQ Taking identification material ......................................................... 57\n\nTerrorism (Emergency Powers) Act 2003 iv\n21ZR Use of identification material.......................................................... 59\n21ZS Annual reports to be given to Police Minister................................. 60\n21ZT Law relating to client legal privilege not affected ........................... 61\n21ZU Legal proceedings for remedy in relation to orders........................ 61\n21ZV Sunset provision ............................................................................ 62\n22 Vehicles may be required to be moved or prevented from\nentering area ................................................................................. 62\n22A Movement into and out of area may be restricted.......................... 62\n23 Person may be directed to leave, remain in or not enter area ....... 63\n24 Police officer may direct person to submit to decontamination\nand quarantine for up to 48 hours.................................................. 64\n25 Chief Health Officer may direct person to submit to\ndecontamination and quarantine for more than 48 hours .............. 64\n26 Premises may be made safe ......................................................... 65\n27 Decontamination etc. of things ...................................................... 66\n27A Interpretation ................................................................................. 66\nDivision 2 Authorisations to apply for covert search\n27B Who may apply for covert search warrant ..................................... 67\n27C Form of authorisation ..................................................................... 67\nDivision 3 Applications for, and issue of, covert search\n27D Power to apply for covert search warrant ...................................... 67\n27E Application for warrant in person ................................................... 67\n27F Special warrant .............................................................................. 68\n27G Information in application for warrant ............................................. 69\n\nTerrorism (Emergency Powers) Act 2003 v\n27H Determining application for covert search warrant......................... 70\n27J Record of determination by Supreme Court Judge........................ 71\n27K Further application for warrant after refusal ................................... 71\n27L Contents of covert search warrant ................................................. 71\nDivision 4 Execution of covert search warrants and\nprovisions applying after warrants executed\n27M Interpretation ................................................................................. 72\nSubdivision 2 Powers exercisable under covert search\n27N Powers automatically conferred by covert search warrant ............ 73\n27P Powers expressly conferred by covert search warrant .................. 73\n27Q Power of re-entry ........................................................................... 74\n27R Power to stop, detain and search etc. ........................................... 75\nSubdivision 3 Execution and currency of covert search\nwarrant\n27S Use of assistants to execute warrant ............................................. 75\n27T Expiry of covert search warrant ..................................................... 75\n27U Report to Supreme Court Judge on execution of warrant .............. 76\n27V Defects in covert search warrants ................................................. 78\n27W Matters to be dealt with in absence of public ................................. 78\n27X False or misleading information in applications or reports ............. 78\n27Y No publication or disclosure of information about covert search\nwarrants ......................................................................................... 78\n27Z Annual reports to be given to Police Minister................................. 79\n28 Use of force ................................................................................... 80\n29 Power to seize and detain things etc. ............................................ 81\n30 Securing of crime scene ................................................................ 81\n31 Compulsory reporting of thefts and unusual sales of potential\nterrorism hazards........................................................................... 82\n\nTerrorism (Emergency Powers) Act 2003 vi\n32 Recognition of other law enforcement officers ............................... 83\n33 Recognised law enforcement officers to have police powers ........ 84\n34 Police officer may require assistance from members of public ...... 84\n35 Protection of persons acting under this Act ................................... 85\n36 Offence of failing to comply with direction ..................................... 85\n37 Offence of obstructing or hindering exercise of powers ................. 86\n38 Offence of resisting or inciting resistance to exercise of\npowers ........................................................................................... 86\n39 Police officer to give details to certain persons .............................. 86\n40 Conditions of search of persons .................................................... 86\n41 Return of seized things .................................................................. 87\n42 Acquisition ..................................................................................... 87\n43 Relationship with other Acts .......................................................... 87\n44 Onus of proof ................................................................................. 88\n45 Authorisation may constitute reasonable grounds for suspicion .... 88\n46 Regulations.................................................................................... 88\n47 Review of Act................................................................................. 88\n\n____________________\nAs in force at 5 January 2018\n____________________\nTERRORISM (EMERGENCY POWERS) ACT 2003\nAn Act to provide powers to prevent and respond to terrorist acts\n","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"1 Short title\nThis Act may be cited as the Terrorism (Emergency Powers)\nAct 2003.\n","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"2 Commencement\nThis Act comes into operation on the date fixed by the Administrator\nby notice in the Gazette.\n","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Act binds the Crown","content":"3 Act binds the Crown\nThis Act binds the Crown in right of the Territory and, to the extent\nthat the legislative powers of the Legislative Assembly permit, the\nCrown in all its other capacities.\n","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Interpretation","content":"4 Interpretation\n(1) In this Act:\nadjoining place, for Part 3A, has the meaning in section 27A.\nauthorisation means an authorisation given under section 8.\nauthorised police officer has the meaning in:\n(a) for Part 2B – section 21A; or\n(b) for Part 3A – section 27A.\nbusiness day means a day that is not:\n(a) a Saturday or Sunday; or\n(b) a day that is declared to be a public holiday under the Public\nHolidays Act 1981.\n\nTerrorism (Emergency Powers) Act 2003 2\nCEO (Youth Justice) means the Chief Executive Officer (as\ndefined in section 19 of the Public Sector Employment and\nManagement Act 1993) of the Agency responsible for youth justice.\nCommissioner means the Commissioner of Police.\nconfirmed preventative detention order, for Part 2B, has the\nmeaning in section 21A.\ncontaminant means a radioactive substance, biological organism,\ngas or poison or any other substance that is a risk to public health\nor public safety.\ncorresponding law, for Part 2B, has the meaning in section 21A.\ncustodial correctional facility, see section 11(1)(a) of the\nCorrectional Services Act 2014.\ndecontamination procedure does not include the internal\nexamination of a person.\neligible Judge, for Part 2B, has the meaning in section 21A.\nEthical and Professional Standards Command, for Part 2B, has\nthe meaning in section 21A.\nidentification material, for Part 2B, has the meaning in\nlawyer, for Part 2B, has the meaning in section 21A.\nnational security, for Part 2B, has the meaning in section 21A.\nnominated police officer, for Part 2B, has the meaning in\nperson assisting a police officer means a person acting in\naccordance with a request under section 34.\nplace, for Part 3A, has the meaning in section 27A.\nPolice Minister means the Minister with primary responsibility for\nthe administration of the Police Administration Act 1978.\npolice officer means a member of the Police Force.\npremises includes:\n(a) residential premises;\n(b) a building or structure; and\n\nTerrorism (Emergency Powers) Act 2003 3\n(c) a place, whether built on or not.\npreventative detention order, for Part 2B, has the meaning in\nprohibited contact order, for Part 2B, has the meaning in\nresponsible police officer, for Part 2A, has the meaning in\nsame terrorist act, for Part 2B, has the meaning in section 21A.\nseized item, for Part 2A, has the meaning in section 20A.\nsenior police officer, for Part 2B, has the meaning in section 21A.\nserious indictable offence, for Part 2A, has the meaning in\nserious offence related item, for Part 2A, has the meaning in\nspecial area, for Part 2A, has the meaning in section 20A.\nspecial area declaration, for Part 2A, has the meaning in\nspecial event, for Part 2A, has the meaning in section 20A.\nspecial warrant, for Part 3A, has the meaning in section 27A.\nsubject place, for Part 3A, has the meaning in section 27A.\ntarget has the meaning in section 7(2).\nterrorism related item, for Part 2A, has the meaning in\nterrorist act has the meaning in section 5.\nvehicle includes any mode of transport whatsoever by land, water\nor through the air\nNote for subsection (1)\nThe Interpretation Act 1978 contains definitions and other provisions that may be\nrelevant to this Act.\n\nTerrorism (Emergency Powers) Act 2003 4\n(2) In this Act:\n(a) a reference to public health or public safety includes a\nreference to the public health or public safety of a State, of\nanother Territory or of a country other than Australia;\n(b) a reference to public health includes a reference to the health\nof a section of the public; and\n(c) a reference to public safety includes a reference to the safety\nof a section of the public.\n(3) For the purposes of this Act:\n(a) a reference to a person in an area that is the target of an\nauthorisation includes a reference to a person who is about to\nenter the area or who has recently left the area;\n(b) a reference to a vehicle in an area that is the target of an\nauthorisation includes a reference to a vehicle that is about to\nenter the area or that has recently left the area; and\n(c) a reference to a person in or on a vehicle includes a reference\nto a person who is in or on a thing attached to the vehicle or\nwho has recently left the vehicle or thing.\n","sortOrder":4},{"sectionNumber":"4A","sectionType":"section","heading":"Extraterritoriality of terrorist act no barrier","content":"4A Extraterritoriality of terrorist act no barrier\nTo avoid doubt, powers and functions conferred by this Act in\nrelation to a terrorist act may be exercised or performed whether or\nnot the terrorist act has been, is being, or is likely to be committed\nin the Territory.\n","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Terrorist act","content":"5 Terrorist act\n(1) In this Act, terrorist act means an action or threat of an action if:\n(a) the action falls within subsection (2) and does not fall within\nsubsection (3);\n(b) the action is done or the threat is made with the intention of\nadvancing a political, religious or ideological cause; and\n(c) the action is done or the threat is made with the intention of:\n(i) coercing, or influencing by intimidation, the government\nof the Commonwealth or a State, Territory or foreign\ncountry, or of part of a State, Territory or foreign country;\nor\n\nTerrorism (Emergency Powers) Act 2003 5\n(ii) intimidating the public or a section of the public.\n(2) Action falls within this subsection if it:\n(a) causes serious harm that is physical harm to a person;\n(b) causes serious damage to property;\n(c) causes a person's death;\n(d) endangers a person's life, other than the life of the person\ntaking the action;\n(e) creates a serious risk to public health or public safety; or\n(f) seriously interferes with, seriously disrupts, or destroys, an\nelectronic system, including but not limited to:\n(i) an information system;\n(ii) a telecommunications system;\n(iii) a financial system;\n(iv) a system used for the delivery of essential government\nservices;\n(v) a system used for, or by, an essential public utility; or\n(vi) a system used for, or by, a transport system.\n(3) Action falls within this subsection if it:\n(a) is advocacy, protest, dissent or industrial action; and\n(b) it is not intended:\n(i) to cause serious harm that is physical harm to a person;\n(ii) to cause a person's death;\n(iii) to endanger a person's life, other than the life of the\nperson taking the action; or\n(iv) to create a serious risk to public health or public safety.\n(4) In this section, a reference to a person or property is a reference to\na person or property wherever situated, within or outside the\nTerritory (including within or outside Australia).\n\nTerrorism (Emergency Powers) Act 2003 6\n","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"When authorisation may be given","content":"6 When authorisation may be given\nA person may give an authorisation under section 8 if the person is\nsatisfied there are reasonable grounds for believing:\n(a) a terrorist act has occurred or is likely to occur in the near\nfuture; and\n(b) the exercise of the powers under the authorisation will\nsubstantially assist in:\n(i) preventing the terrorist act or minimising the risk to\npublic health or public safety relating to the terrorist act;\nor\n(ii) finding, preserving or removing evidence relating to the\nterrorist act; or\n(iii) apprehending a person responsible for committing the\nterrorist act or intending to commit the terrorist act.\n","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Purposes for which authorisation may be given","content":"7 Purposes for which authorisation may be given\n(1) An authorisation may authorise the exercise of powers given under\n","sortOrder":8},{"sectionNumber":"Div 2","sectionType":"division","heading":"for one of the following purposes or any combination of","content":"Division 2 for one of the following purposes or any combination of\nthem:\n(a) for the purpose of finding a person named or described\n(including by a photograph or drawing or other visual\ndepiction) in the authorisation;\n(b) for the purpose of finding a particular vehicle, or a vehicle of a\nparticular kind, described in the authorisation;\n(c) for the purpose of preventing a terrorist act occurring in the\nnear future in a particular area described in the authorisation\nor apprehending in the area a person who may be responsible\nfor committing a terrorist act or be intending in the near future\nto commit a terrorist act;\n(d) for the purpose of minimising, in the particular area described\nin the authorisation, the risk to public health or public safety\nrelating to a terrorist act or terrorist act likely to occur in the\nnear future;\n\nTerrorism (Emergency Powers) Act 2003 7\n(e) for the purpose of finding, preserving or removing evidence\nrelating to a terrorist act or terrorist act likely to occur in the\nnear future.\n(2) The person, vehicle or area referred to in subsection (1) is referred\nto in this Act as the target of the authorisation.\n","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Who may give authorisation","content":"8 Who may give authorisation\n(1) The Commissioner, or a police officer who is authorised in writing\nby the Commissioner, may give an authorisation.\n(2) If an authorisation is sought as a matter of urgency and the\nCommissioner or a police officer authorised under subsection (1) is\nnot able to be contacted, a police officer of the rank of Assistant\nCommissioner may give an authorisation.\n(3) Subject to subsection (4), an authorisation may only be given with\nthe agreement of the Police Minister.\n(4) An authorisation may be given without the agreement of the Police\nMinister if the authorisation is sought as a matter of urgency and\nthe Police Minister could not be contacted at the time the\nauthorisation was given.\n(5) If an authorisation is given in accordance with subsection (4):\n(a) the person who gave the authorisation must ensure that the\nPolice Minister is notified as soon as possible; and\n(b) the authorisation ceases to have effect if the Police Minister\nhas not confirmed the authorisation within 48 hours after the\nauthorisation was given.\n","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Form of authorisation","content":"9 Form of authorisation\n(1) An authorisation may be given orally or in writing.\n(2) If an authorisation is given orally, it is to be confirmed in writing as\nsoon as it is reasonably practicable to do so.\n(3) An authorisation is to:\n(a) specify that it is given under this Act;\n(b) describe the general nature of the terrorist act to which it\napplies;\n\nTerrorism (Emergency Powers) Act 2003 8\n(c) name or describe the person, vehicle, or area, who or that is\nthe target of the authorisation and the purpose or purposes for\nwhich the authorisation is given; and\n(d) specify the time at which the authorisation is given and the\ntime at which it is to cease to have effect.\n","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Duration of authorisation","content":"10 Duration of authorisation\n(1) Subject to this Act, an authorisation has effect for the period,\nspecified in the authorisation, beginning at the time the\nauthorisation is given and ending at the time that is specified in the\nauthorisation as the time at which the authorisation is to cease to\nhave effect.\n(2) Subject to subsections (3) and (5), a period specified under\nsubsection (1) in an authorisation may not be longer than 7 days,\nbeginning on the day on which the authorisation is given.\n(3) The Commissioner, or a police officer authorised under\nsection 8(1), may extend the period for which an authorisation has\neffect by giving, with the agreement of the Police Minister, one\nfurther authorisation.\n(4) An authorisation in accordance with subsection (3) may be given for\na period of not more than 7 days specified in the authorisation.\n(5) The Police Minister may extend the period for which an\nauthorisation (which may be a further authorisation in accordance\nwith subsection (3)) has effect.\n(6) An extension under subsection (5) has effect for the period of not\nmore than 14 days, beginning at the time the extension is given and\nending at the time that is specified in the extension as the time at\nwhich the extension is to cease to have effect.\n","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Revocation of authorisation","content":"11 Revocation of authorisation\n(1) A police officer who gave an authorisation may revoke the\n(2) The Commissioner may revoke an authorisation, other than an\nauthorisation extended under section 10(5).\n(3) The Police Minister may revoke an authorisation.\n\nTerrorism (Emergency Powers) Act 2003 9\n","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"Legality of authorisation","content":"12 Legality of authorisation\n(1) The cessation of an authorisation (by revocation or otherwise) does\nnot affect anything lawfully done in reliance on the authorisation\nbefore it ceased to have effect.\n(2) An authorisation and a decision of the Police Minister under this\nPart in relation to an authorisation may not be:\n(a) challenged, reviewed, quashed or called into question on any\ngrounds whatsoever before a court, tribunal, body or person in\nlegal proceedings; or\n(b) restrained, removed or otherwise affected by an injunction or\nproceedings in the nature of prohibition or mandamus.\n(3) The powers conferred on a police officer by virtue of an\nauthorisation may be exercised by any police officer, whether or not\nhe or she has been provided with, or notified of, the terms of the\n","sortOrder":14},{"sectionNumber":"12A","sectionType":"section","heading":"Power to give directions to public authorities","content":"12A Power to give directions to public authorities\n(1) The Commissioner or other police officer mentioned in section 8(1)\nmay, for facilitating the exercise of the special powers conferred by\nthis Part, give a public authority directions in relation to the exercise\nor performance of the authority's powers or functions.\n(2) The authority must comply with the direction.\npublic authority includes an Agency, statutory corporation and\nlocal government council and any member or officer of a public\nauthority, but does not include a parliamentary or judicial body or its\nmembers or officers\n","sortOrder":15},{"sectionNumber":"13","sectionType":"section","heading":"Report to be given to Attorney-General and Police Minister","content":"13 Report to be given to Attorney-General and Police Minister\nAs soon as practicable after an authorisation ceases to have effect,\nthe Commissioner must provide a report in writing to the Attorney-\nGeneral and the Police Minister:\n(a) setting out the terms of the authorisation and the period in\nwhich it had effect;\n(b) identifying as far as reasonably practicable the matters that\nwere relied on for giving the authorisation;\n\nTerrorism (Emergency Powers) Act 2003 10\n(c) describing generally the powers exercised under the\nauthorisation and the manner in which they were exercised;\nand\n(d) specifying the results of the exercise of the powers.\n","sortOrder":16},{"sectionNumber":"14","sectionType":"section","heading":"Report to be tabled in Legislative Assembly","content":"14 Report to be tabled in Legislative Assembly\nThe Police Minister must, within 6 months after receiving the\nCommissioner's report on an authorisation, lay a copy of the report\nin the Legislative Assembly.\n","sortOrder":17},{"sectionNumber":"15","sectionType":"section","heading":"Purposes for which powers under authorisation may be","content":"15 Purposes for which powers under authorisation may be\nexercised\nThe powers under this Part may be exercised for the purposes for\nwhich an authorisation is given.\n","sortOrder":18},{"sectionNumber":"16","sectionType":"section","heading":"Power to make person disclose identity and address","content":"16 Power to make person disclose identity and address\n(1) A police officer may request a person to disclose the person's\nidentity and residential address if:\nperson is the target of an authorisation;\n(b) the person is found in suspicious circumstances in the\ncompany of a person who the police officer suspects on\nreasonable grounds is the target of an authorisation;\n(c) the person is in or on a vehicle that the officer suspects on\nreasonable grounds is the target of an authorisation; or\n(d) the person is in an area that is the target of an authorisation.\n(2) A person to whom a request is made under subsection (1) must\nnot, without reasonable excuse, fail or refuse to comply with the\nrequest.\n(3) A person to whom a request is made under subsection (1) must\n\nTerrorism (Emergency Powers) Act 2003 11\n(b) an address other than the person's full and correct address.\n(4) A police officer may request a person to whom a request is made\nunder subsection (1) to provide to the officer proof of the person's\n(5) A person to whom a request is made under subsection (4) must\nnot, without reasonable excuse, fail or refuse to comply with the\nrequest.\n","sortOrder":19},{"sectionNumber":"17","sectionType":"section","heading":"Power to search persons","content":"17 Power to search persons\n(1) A police officer may, without a warrant, stop and search a person\nand anything in the possession of or under the control of the person\nif:\nperson is the target of an authorisation;\n(b) the person is found in suspicious circumstances in the\ncompany of a person who the police officer suspects on\nreasonable grounds is the target of an authorisation;\n(c) the person is in or on a vehicle that the police officer suspects\non reasonable grounds is the target of an authorisation; or\n(d) the person is in an area that is the target of an authorisation.\n(2) A police officer may detain a person stopped under subsection (1)\nperson or anything in the possession of or under the control of the\nperson.\n","sortOrder":20},{"sectionNumber":"18","sectionType":"section","heading":"Power to search vehicles","content":"18 Power to search vehicles\n(1) A police officer may, without a warrant, stop and search a vehicle\nand anything in, on or attached to the vehicle, if:\nvehicle is the target of an authorisation;\n(b) the police officer suspects on reasonable grounds that a\nperson in or on the vehicle is the target of an authorisation; or\n\nTerrorism (Emergency Powers) Act 2003 12\n(c) the vehicle is in an area that is the target of an authorisation.\n(2) A police officer may detain a vehicle stopped under subsection (1)\nvehicle and anything in, on or attached to the vehicle.\n(3) A police officer may detain a person who is in or on a vehicle\nstopped under subsection (1) for as long as is reasonably\nnecessary to conduct a search of the vehicle.\n","sortOrder":21},{"sectionNumber":"19","sectionType":"section","heading":"Power to enter and search premises","content":"19 Power to enter and search premises\n(1) A police officer may, without a warrant, enter and search premises\nif:\n(a) the police officer suspects on reasonable grounds that a\nperson who is the target of an authorisation:\n(i) may be on the premises; or\n(ii) is an occupant of the premises; or\n(iii) is an owner, or is concerned in the management or\ncontrol of the premises; or\n(b) the police officer suspects on reasonable grounds that a\nvehicle that is the target of an authorisation may be on the\npremises; or\n(c) the premises are in an area that is the target of an\n(2) A police officer may detain a person who is on premises entered\nunder subsection (1) for as long as is reasonably necessary to\nconduct a search of the premises.\n","sortOrder":22},{"sectionNumber":"20","sectionType":"section","heading":"Power to enter premises for surveillance or to protect persons","content":"20 Power to enter premises for surveillance or to protect persons\n(1) A police officer may, without a warrant, enter, search and remain on\npremises that are in an area that is the target of an authorisation if\nhe or she suspects on reasonable grounds that it is necessary to do\nso for one of the following purposes or both:\n(a) to enable the surveillance or observation of a person who the\nofficer suspects on reasonable grounds may have committed\na terrorist act or may be intending in the near future to commit\na terrorist act;\n(b) to ensure the health or safety of a person by ensuring that a\nperson on the premises leaves or remains at the premises.\n\nTerrorism (Emergency Powers) Act 2003 13\n(2) A police officer may direct a person who is on premises that are\nentered under subsection (1) to remain on the premises, or to leave\nthe premises, for as long as is reasonably necessary to do so for a\npurpose specified in subsection (1).\n","sortOrder":23},{"sectionNumber":"Part 2A","sectionType":"part","heading":"Powers exercisable under special area","content":"Part 2A Powers exercisable under special area\ndeclaration\n","sortOrder":24},{"sectionNumber":"20A","sectionType":"section","heading":"Definitions","content":"20A Definitions\nIn this Part:\nresponsible police officer, for a seized item, means the police\nofficer from time to time responsible for the item.\nseized item means an item seized under section 20P(2).\nserious indictable offence means an indictable offence\npunishable by imprisonment for life or for a term of 5 years or more.\nserious offence related item means a thing a police officer\nconducting a search under Division 3 reasonably suspects:\n(a) might be used in a serious indictable offence; or\n(b) is connected with the preparation for, or the engagement of a\nperson in, a serious indictable offence; or\n(c) is evidence of, or relating to, a serious indictable offence;\nspecial area means an area for which a declaration under\nsection 20B(1) is in force.\nspecial area declaration means a declaration made by the\nCommissioner under section 20B(1) declaring an area to be a\nspecial area.\nspecial event means a community, cultural, arts, entertainment,\nrecreational, sporting or similar event that is to be held over a\nlimited period of time.\nterrorism related item means a thing a police officer conducting a\nsearch under Division 3 reasonably suspects:\n(a) might be used in a terrorist act; or\n\nTerrorism (Emergency Powers) Act 2003 14\n(b) is connected with the preparation for, or the engagement of a\nperson in, a terrorist act; or\n(c) is evidence of, or relating to, a terrorist act.\n","sortOrder":25},{"sectionNumber":"20B","sectionType":"section","heading":"Special area declaration","content":"20B Special area declaration\n(1) Subject to subsections (2) and (3), the Commissioner may declare\nany of the following to be a special area:\n(a) the site of an airport, train station, bus station or ship or ferry\nterminal;\n(b) the site of a special event;\n(c) a public area where people gather in large numbers.\n(2) The Commissioner must not make a declaration under\nsubsection (1) unless satisfied the declaration is required because\nof the nature of the site or area and the risk of occurrence of a\nterrorist act.\n(3) The Commissioner must not make the declaration without the\napproval of the Police Minister.\n","sortOrder":26},{"sectionNumber":"20C","sectionType":"section","heading":"Form of declaration","content":"20C Form of declaration\n(1) A special area declaration must be notified in the Gazette.\n(2) The declaration must:\n(a) state it is made under this Act; and\n(b) describe the site or area and define its boundaries; and\n(c) specify the times and dates the declaration comes into\noperation and ceases operation.\n","sortOrder":27},{"sectionNumber":"20D","sectionType":"section","heading":"Duration of declaration","content":"20D Duration of declaration\n(1) A special area declaration comes into operation at the time and\ndate specified in the declaration.\n(2) Unless earlier revoked under section 20E, the declaration ceases to\noperate at the time and date specified in it.\n(3) The period the declaration operates must not exceed 28 days.\n\nTerrorism (Emergency Powers) Act 2003 15\n(4) However, a further declaration may be made for the same site or\narea to extend the period of operation of an earlier declaration.\n(5) The period the further declaration operates must not exceed\n7 days.\n(6) The provisions of this Part relating to a special area declaration\n(except subsection (3)) apply to a further declaration.\n","sortOrder":28},{"sectionNumber":"20E","sectionType":"section","heading":"Revocation of declaration","content":"20E Revocation of declaration\n(1) A special area declaration may be revoked at any time by the\nCommissioner.\n(2) The Commissioner must revoke the declaration if directed to do so\nby the Police Minister.\n(3) The revocation of the declaration must be notified in the Gazette.\n","sortOrder":29},{"sectionNumber":"20F","sectionType":"section","heading":"Legality of declaration","content":"20F Legality of declaration\n(1) The cessation of operation of the declaration (by revocation or\notherwise) does not affect anything lawfully done in reliance on the\ndeclaration before it ceased to operate.\n(2) A declaration or decision of the Police Minister under this Part in\nrelation to a declaration cannot be:\n(a) challenged, reviewed, quashed or called into question on any\ngrounds whatsoever before a court, tribunal, body or person in\na legal proceeding; or\n(b) restrained, removed or otherwise affected by an injunction or\nproceeding in the nature of prohibition or mandamus.\n(3) The powers conferred on a police officer because of a declaration\nmay be exercised by any police officer, whether or not the officer\nhas been provided with, or notified of, the terms of the declaration.\n","sortOrder":30},{"sectionNumber":"20G","sectionType":"section","heading":"Effect of failure to publish","content":"20G Effect of failure to publish\nA failure to notify in the Gazette a declaration of a special area or\nthe revocation of a declaration does not make the declaration or\nrevocation ineffective to any extent.\n\nTerrorism (Emergency Powers) Act 2003 16\n","sortOrder":31},{"sectionNumber":"20H","sectionType":"section","heading":"Report to be given to Attorney-General and Police Minister","content":"20H Report to be given to Attorney-General and Police Minister\nAs soon as practicable after a special area declaration ceases to\noperate, the Commissioner must give a written report to the\nAttorney-General and Police Minister:\n(a) specifying the terms of the declaration and the period in which\nit had effect; and\n(b) identifying as far as reasonably practicable the matters relied\non for making the declaration; and\n(c) describing generally the powers exercised under the\ndeclaration and the manner in which they were exercised; and\n(d) specifying the results of the exercise of the powers.\n","sortOrder":32},{"sectionNumber":"20J","sectionType":"section","heading":"Report to be tabled in Legislative Assembly","content":"20J Report to be tabled in Legislative Assembly\nThe Police Minister must, within 7 sitting days after receiving the\nCommissioner's report on a declaration, table a copy of the report in\nthe Legislative Assembly.\n","sortOrder":33},{"sectionNumber":"20K","sectionType":"section","heading":"Powers which may be exercised under declaration","content":"20K Powers which may be exercised under declaration\nThe powers under this Part may be exercised by a police officer in\nrelation to:\n(a) a person or vehicle in a special area; or\n(b) a person or vehicle about to enter, or has recently left, a\nspecial area.\n","sortOrder":34},{"sectionNumber":"20L","sectionType":"section","heading":"Power to make person disclose identity and address","content":"20L Power to make person disclose identity and address\n(1) A police officer may request a person to give the officer the\nfollowing details:\n(a) the person's name;\n(b) the person's residential address;\n(c) the person's date of birth;\n(d) the person's reason for being in the special area.\n\nTerrorism (Emergency Powers) Act 2003 17\n(2) A person to whom a request is made under subsection (1) must\n(3) A person to whom a request is made under subsection (1) must\n(b) an address other than the full and correct address of the\nperson's ordinary place of residence.\n(4) A police officer may request a person to whom a request is made\nunder subsection (1) to give the officer proof of the person's\n(5) A person to whom a request is made under subsection (4) must\n","sortOrder":35},{"sectionNumber":"20M","sectionType":"section","heading":"Power to search persons","content":"20M Power to search persons\n(1) A police officer may, without a warrant, stop and detain a person for\nthe purposes of conducting a search under subsection (2).\n(2) The police officer may conduct one or more of the following\nsearches for a terrorism related item:\n(a) an ordinary search or frisk search of the person;\n(b) a search of anything that is, or that the officer suspects on\nreasonable grounds to be, in the possession of or under the\ncontrol of the person;\n(c) a search of anything that the person has, or that the officer\nsuspects on reasonable grounds the person has, brought into\nthe special area.\n(3) The police officer may detain a person stopped under\nsubsection (1) for as long as is reasonably necessary to conduct a\nsearch of the person or anything in the possession of or under the\ncontrol of the person.\n\nTerrorism (Emergency Powers) Act 2003 18\n(4) For section 112(1) of the Criminal Code, a person detained under\nsubsection (1) is in the lawful custody of the police officer while so\n","sortOrder":36},{"sectionNumber":"20N","sectionType":"section","heading":"Power to search vehicles","content":"20N Power to search vehicles\n(1) A police officer may, without a warrant, stop and search a vehicle\nand anything in, on or attached to the vehicle.\n(2) A police officer may detain a vehicle stopped under subsection (1)\nvehicle and anything in, on or attached to the vehicle.\n(3) A police officer may detain a person who is in or on a vehicle\nstopped under subsection (1) for as long as is reasonably\nnecessary to conduct a search of the vehicle.\n(4) For section 112(1) of the Criminal Code, a person detained under\nsubsection (3) is in the lawful custody of the police officer while so\nDivision 4 Seizure of terrorism related items and serious\noffence related items\n","sortOrder":37},{"sectionNumber":"20P","sectionType":"section","heading":"Seizure of items","content":"20P Seizure of items\n(1) This section applies to a police officer who in the course of a search\nunder Division 3 finds any of the following:\n(a) a terrorism related item;\n(b) a serious offence related item.\n(2) The police officer may seize the item.\n","sortOrder":38},{"sectionNumber":"20Q","sectionType":"section","heading":"Seizure notice","content":"20Q Seizure notice\n(1) The responsible police officer for a seized item must serve a\nseizure notice within 7 days after the day the item was seized.\n(2) The notice must be served on:\n(a) the owner of the item; or\n(b) if the owner of the item cannot be identified after reasonable\ninquiries – the person from whom the item was seized.\n\nTerrorism (Emergency Powers) Act 2003 19\n(3) However, subsections (1) and (2) do not apply if:\n(a) the item was not seized from a person and the owner of the\nitem cannot be identified after reasonable inquiries; or\n(b) it is not possible to serve the person required to be served\nunder subsection (2).\n(4) The notice must:\n(a) identify the item; and\n(b) state:\n(i) the date the item was seized; and\n(ii) the ground or grounds on which the item was seized;\nand\n(iii) the item will be forfeited to the Territory if the owner does\nnot request the return of the item within 90 days after the\ndate of the notice.\n","sortOrder":39},{"sectionNumber":"20R","sectionType":"section","heading":"Return of seized item","content":"20R Return of seized item\n(1) The owner of the seized item may request the return of the item.\n(2) Subject to subsection (3), the responsible police officer must return\nthe seized item to the owner if the owner requests the return of the\nitem.\n(3) The police officer must not return the item to the owner if:\n(a) the officer suspects, on reasonable grounds that, if the item is\nreturned to the owner, the item is likely to be used in the\ncommission of a terrorist act or serious indictable offence; or\n(b) the item is evidence of, or relating to, a terrorist act or serious\noffence.\n","sortOrder":40},{"sectionNumber":"20S","sectionType":"section","heading":"Forfeiture of seized item","content":"20S Forfeiture of seized item\n(1) The seized item is forfeited to the Territory if the owner of the item\ndoes not request the return of the item before the end of the due\ndate.\n(2) Subsection (3) applies if:\n(a) before the end of the due date the owner of the seized item\nrequests the return of the item; and\n\nTerrorism (Emergency Powers) Act 2003 20\n(b) the item has not been returned to the owner by the end of the\ndue date.\n(3) The responsible police officer must, within 5 days after the due\ndate:\n(a) return the item to the owner; or\n(b) apply to a Local Court Judge for an order under section 20T.\ndue date means:\n(a) the 90th day after the date of the seizure notice in relation to\nan item; or\n(b) if section 20Q(3) applies – the 90th day after the date the item\nwas seized.\n","sortOrder":41},{"sectionNumber":"20T","sectionType":"section","heading":"Application to Local Court Judge","content":"20T Application to Local Court Judge\n(1) A police officer may apply to a Local Court Judge for an order under\nsubsection (3), (4) or (5) for a seized item.\n(2) The Judge must allow the owner of the item to appear and be heard\nat the determination of the application.\n(3) If the Judge is satisfied the item is evidence of, or relating to, a\nterrorist act or serious indictable offence, the Judge must order the\nitem be retained by the police officer for the period specified in the\n(4) If the Judge is satisfied there are reasonable grounds to suspect\nthat, if the item is returned to the owner, the item is likely to be used\nin the commission of a terrorist act or serious indictable offence, the\nJudge may order that the item:\n(a) be retained by the police officer for the period specified in the\n(b) is forfeited to the Territory; or\n(c) be sold and the proceeds given to the owner; or\n(d) be otherwise sold or disposed of.\n(5) If the Judge is satisfied the item poses a threat to the health or\nsafety of persons or a threat to the environment, the magistrate\nmay order the item be destroyed or otherwise disposed of.\n\nTerrorism (Emergency Powers) Act 2003 21\n(6) If the Judge is not satisfied as to the matters mentioned in\nsubsections (3), (4) and (5), the Judge must order the item be\nreturned to the owner.\n","sortOrder":42},{"sectionNumber":"21","sectionType":"section","heading":"Object","content":"21 Object\nThe object of this Part is to allow a person to be taken into custody\nand detained for a short period of time in order to:\n(a) prevent a terrorist act occurring in the near future; or\n(b) preserve evidence of, or relating to, a recent terrorist act.\nNote for section 21\nSection 21ZP provides that, while a person is being detained under a\npreventative detention order, the person may only be questioned for very limited\npurposes.\n","sortOrder":43},{"sectionNumber":"21A","sectionType":"section","heading":"Definitions","content":"21A Definitions\nIn this Part, unless the contrary intention appears:\nauthorised police officer means a police officer authorised under\nsection 21D.\nconfirmed preventative detention order means a preventative\ndetention order that has been confirmed (with or without variation)\nby the Supreme Court under section 21P.\ncorresponding law means:\n(a) Division 105 of the Criminal Code (Cth) and the regulations\nand other instruments made under that Division, as in force\nfrom time to time; or\n(b) a law of a State or another Territory that provides for\npreventative detention of persons in relation to terrorist acts\n(including a law of a State or another Territory declared by\nregulation to be a corresponding law).\neligible Judge means a Supreme Court Judge for whom a\ndeclaration is in force under section 21C.\n\nTerrorism (Emergency Powers) Act 2003 22\nEthical and Professional Standards Command means the part of\nthe Police Force (however named) that oversees the ethical and\nprofessional standards of police officers.\nidentification material, in relation to a person, means samples\ntaken from a part of the person's body from which a DNA profile\nmay be derived, prints of the person's hands, fingers, feet or toes,\nrecordings of the person's voice, samples of the person's\nhandwriting or photographs (including video recordings other than\nrecordings made in the ordinary course of operation of a security\ncamera fitted at, or in the immediate vicinity of, a place where the\nperson is being detained under a preventative detention order) of\nthe person.\nlawyer means an Australian legal practitioner as defined in\nsection 6(a) of the Legal Profession Act 2006.\nnational security has the same meaning as in the National\nSecurity Information (Criminal and Civil Proceedings)\nAct 2004 (Cth).\nnominated police officer means a police officer nominated under\nsection 21X(1).\npreventative detention order means a preventative detention\norder made under section 21G, as varied under section 21P, 21S\nor 21T.\nprohibited contact order means an order made under\nsection 21Q or 21R, as varied under section 21S or 21T.\nsame terrorist act has the meaning in section 21B.\nsenior police officer means a police officer of or above the rank of\nAssistant Commissioner\n","sortOrder":44},{"sectionNumber":"21B","sectionType":"section","heading":"Same terrorist act","content":"21B Same terrorist act\n(1) A terrorist act ceases to be the same terrorist act if there is a\nchange in the date on which the terrorist act is expected to occur.\n(2) A terrorist act that is expected to occur at a particular time does not\ncease to be the same terrorist act merely because of:\n(a) a change in the persons expected to carry out the act at that\ntime; or\n(b) a change in how or where the act is expected to be carried out\nat that time.\n\nTerrorism (Emergency Powers) Act 2003 23\n","sortOrder":45},{"sectionNumber":"21C","sectionType":"section","heading":"Eligible Judges","content":"21C Eligible Judges\n(1) The Administrator may, in writing, declare a Supreme Court Judge\nto be an eligible Judge for this Part.\n(2) A declaration cannot be made for a Supreme Court Judge unless\nthe Judge has consented in writing to the declaration.\n(3) An eligible Judge who has given consent for this section may, in\nwriting, revoke the consent.\n(4) An eligible Judge has, in relation to the exercise of a power or\nperformance of a function conferred on an eligible Judge by this\nPart, the same protection and immunity as a Supreme Court Judge\nhas in relation to proceedings in the Court.\n(5) A power or function conferred on an eligible Judge by this Part, is\nconferred on the Judge in a personal capacity and not as a court or\na member of a court.\n","sortOrder":46},{"sectionNumber":"21D","sectionType":"section","heading":"Authorised police officers","content":"21D Authorised police officers\nA senior police officer may, in writing, authorise a police officer of or\nabove the rank of superintendent to be an authorised police officer\nfor making applications under sections 21E, 21Q and 21R.\n","sortOrder":47},{"sectionNumber":"21E","sectionType":"section","heading":"Application for preventative detention order","content":"21E Application for preventative detention order\n(1) An authorised police officer may apply to an eligible Judge for a\npreventative detention order in relation to a person if:\n(a) the applicant is satisfied:\n(i) there are reasonable grounds to suspect the person:\n(A) will engage in a terrorist act; or\n(B) possesses or has under the person's control\n(whether solely or jointly with anyone else) a thing\nthat is connected with the preparation for, or the\nengagement of a person in, a terrorist act; or\n(C) has done an act in preparation for, or planning, a\nterrorist act; and\n(ii) making the order would substantially assist in preventing\na terrorist act occurring; and\n\nTerrorism (Emergency Powers) Act 2003 24\nnecessary for the purpose of substantially assisting in\npreventing a terrorist act occurring; or\n(b) the applicant is satisfied:\n(i) a terrorist act has occurred within the last 28 days; and\n(ii) it is necessary to detain the person to preserve evidence\nin the Territory or elsewhere of, or relating to, the\nterrorist act, and\nnecessary for the purpose of preserving any such\nevidence.\n(2) A terrorist act mentioned in subsection (1)(a) must be imminent\nand, in any event, be expected to occur at some time in the next\n14 days.\nNote for section 21E\nAs a consequence of the operation of section 4A, it does not matter whether the\nlocation of the suspected terrorist act is in the Territory or elsewhere.\n","sortOrder":48},{"sectionNumber":"21F","sectionType":"section","heading":"Form and content of application","content":"21F Form and content of application\n(1) An application for a preventative detention order must:\n(a) subject to subsection (4), be made by affidavit; and\n(b) specify the facts and other grounds on which the applicant\nconsiders the order should be made; and\n(c) specify the period for which the person is to be detained under\nthe order and the facts and other grounds on which the\napplicant considers the person should be detained for that\nperiod; and\n(d) specify the information (if any) the applicant has about the\nperson's age and capacity to manage his or her affairs; and\n(e) specify the following:\n(i) the outcomes and particulars of all previous applications\nfor preventative detention orders made in relation to the\nperson;\n\nTerrorism (Emergency Powers) Act 2003 25\n(ii) the information (if any) the applicant has about any\nperiods for which the person has been detained under\nan order made under a corresponding law;\n(iii) the information (if any) the applicant has about any\ncontrol order (including any interim control order) made\nin relation to the person under Division 104 of the\nCriminal Code (Cth);\n(iv) a summary of the grounds on which the applicant\n(2) To avoid doubt, subsection (1)(e)(iv) does not require information to\nbe included in the summary if the disclosure of the information is\nlikely to prejudice national security.\n(3) The application must also fully disclose all relevant matters of which\nthe applicant is aware, both favourable and adverse, to the making\nof the order.\n(4) An application for a preventative detention order that is required\nurgently may be made by telephone, fax, email or other electronic\ncommunication.\n(5) If:\n(a) a preventative detention order is made in relation to a person\non the basis of assisting in preventing a terrorist act occurring\nwithin a particular period; and\n(b) the person is taken into custody under the order; and\n(c) an application is made for another preventative detention\norder in relation to the person on the basis of assisting in\npreventing a different terrorist act occurring within that period,\nthe application must also identify the information on which the\napplication is based that became available only after the order\nmentioned in paragraph (a) was made.\n(a) an order for a person's detention is made under a\ncorresponding law on the basis of assisting in preventing a\nterrorist act occurring within a particular period; and\n(b) the person is taken into custody under that order; and\n\nTerrorism (Emergency Powers) Act 2003 26\n(c) an application is made for a preventative detention order in\nrelation to the person on the basis of assisting in preventing a\ndifferent terrorist act occurring within that period,\nthe application must also identify the information on which the\napplication is based that became available only after the order\nmentioned in paragraph (a) was made.\n(7) If, when an application for a preventative detention order is made,\nthe person in relation to whom the order is being sought is in\ndetention under:\n(a) a preventative detention order; or\n(b) an order for the person's detention made under a\ncorresponding law,\nwritten notice of the application must be given to the person.\n","sortOrder":49},{"sectionNumber":"21G","sectionType":"section","heading":"When preventative detention order may be made","content":"21G When preventative detention order may be made\n(1) An eligible Judge may, on an application, make a preventative\ndetention order in relation to a person only if:\n(a) satisfied on reasonable grounds:\n(i) the person:\n(A) will engage in a terrorist act; or\n(B) possesses or has under the person's control\n(whether solely or jointly with anyone else) a thing\nthat is connected with the preparation for, or the\nengagement of a person in, a terrorist act; or\n(C) has done an act in preparation for, or planning, a\nterrorist act; and\n(ii) making the order would substantially assist in preventing\na terrorist act occurring; and\nnecessary for the purpose of substantially assisting in\npreventing a terrorist act occurring; or\n(b) satisfied on reasonable grounds:\n(i) a terrorist act has occurred within the last 28 days; and\n\nTerrorism (Emergency Powers) Act 2003 27\n(ii) it is necessary to detain the person to preserve evidence\nin the Territory or elsewhere of, or relating to, the\nterrorist act, and\nnecessary for the purpose of preserving any such\nevidence.\n(2) A terrorist act mentioned in subsection (1)(a) must be imminent\nand, in any event, be expected to occur at some time in the next\n14 days.\n(3) The Judge may refuse to make a preventative detention order\nunless the applicant gives the Judge any further information the\nJudge requests concerning the grounds on which the order is\nsought.\n(4) If the application is made under section 21F(4):\n(a) an order made under this section must be sent to the applicant\nby fax, email or other electronic communication; or\n(b) the applicant must complete a form of a preventative detention\n(5) The copy of the original order sent, or the form of the order\ncompleted, under subsection (4) has the same force and effect as\n","sortOrder":50},{"sectionNumber":"21H","sectionType":"section","heading":"Nature and content of preventative detention order","content":"21H Nature and content of preventative detention order\n(1) A preventative detention order is an order that the person in relation\nto whom it is made may be:\n(a) taken into custody (unless the person is already being\ndetained under a preventative detention order, or an order for\nthe person's detention made under a corresponding law, that\nis in force or was in force immediately before the making of\nthe new order); and\n(b) detained during the period that:\n(i) starts when the person is first taken into custody or\ndetained under the order (the start); and\n(ii) ends a specified period after the start.\n(2) A preventative detention order must be in writing.\n\nTerrorism (Emergency Powers) Act 2003 28\n(3) A preventative detention order must specify:\n(a) the name of the person in relation to whom it is made; and\n(b) the period during which the person may be detained under the\n(c) the date on which, and the time at which, the order is made;\nand\n(d) the date and time after which the person may not be taken into\ncustody under the order; and\n(e) a summary of the grounds on which the order is made.\n(4) To avoid doubt, subsection (3)(e) does not require information to be\nincluded in the summary if the disclosure of the information is likely\nto prejudice national security.\n(5) If the person in relation to whom the order is made is:\n(a) under 18 years of age; or\n(b) incapable of managing his or her affairs,\nthe order may specify a period of longer than 2 hours as the period\nthe person is entitled under section 21ZL(2) to have contact with\nanother person each day.\n","sortOrder":51},{"sectionNumber":"21J","sectionType":"section","heading":"Commissioner of Correctional Services or CEO (Youth Justice)","content":"21J Commissioner of Correctional Services or CEO (Youth Justice)\nto be given copy of preventative detention order if person\ndetained in custody\nIf the person in relation to whom a preventative detention order is\nmade is being detained in the custody of the Commissioner of\nCorrectional Services or CEO (Youth Justice), the applicant for the\norder must give a copy of the order to the Commissioner or CEO\n(Youth Justice), as the case may be.\n","sortOrder":52},{"sectionNumber":"21K","sectionType":"section","heading":"Maximum period of detention","content":"21K Maximum period of detention\n(1) The maximum period for which a person may be detained under a\npreventative detention order is 14 days less any period the person\nis actually detained under a preventative detention order, or an\norder for the person's detention made under a corresponding law\nagainst the person, in relation to the same terrorist act.\n(2) Despite subsection (1), the maximum period for which a person\nmay be detained under a preventative detention order made on the\nbasis of preserving evidence of, or relating to, a terrorist act that\n\nTerrorism (Emergency Powers) Act 2003 29\nhas occurred is not reduced by any period for which the person is\ndetained under a preventative detention order, or an order for the\nperson's detention under a corresponding law, made on the basis of\npreventing a terrorist act.\n","sortOrder":53},{"sectionNumber":"21L","sectionType":"section","heading":"When order starts and ceases to have effect","content":"21L When order starts and ceases to have effect\n(1) A preventative detention order in relation to a person starts to have\neffect:\n(a) if the order so provides, on an order for the person's detention\nmade under a corresponding law ceasing to have effect; or\n(b) otherwise, when it is made.\n(2) A preventative detention order in relation to a person under which\nthe person is required to be taken into custody ceases to have\neffect at the end of the period of 48 hours after the order is made if\nthe person has not been taken into custody under the order within\nthat period.\n(3) If a preventative detention order does not cease to have effect\nunder subsection (2), it ceases to have effect when whichever of\nthe following first occurs:\n(a) the period during which the person may be detained under the\norder ends;\n(b) the order is revoked under section 21P, 21S or 21T.\n","sortOrder":54},{"sectionNumber":"21M","sectionType":"section","heading":"No preventative detention order in relation to person under 16","content":"21M No preventative detention order in relation to person under 16\n(1) A preventative detention order cannot be applied for, or made, in\nrelation to a person who is under 16 years of age.\n(2) If:\n(a) a person is being detained under a preventative detention\norder (or a purported preventative detention order); and\n(b) the police officer who is detaining the person is satisfied on\nreasonable grounds the person is under 16 years of age,\nthe officer must release the person, as soon as practicable, from\ndetention under the order.\n\nTerrorism (Emergency Powers) Act 2003 30\n","sortOrder":55},{"sectionNumber":"21N","sectionType":"section","heading":"Multiple preventative detention orders","content":"21N Multiple preventative detention orders\n(1) More than one preventative detention order may be made in\nrelation to the same terrorist act (whether or not against the same\nperson).\n(2) A preventative detention order can be made against a person to\ntake effect on the expiration of detention under another preventative\ndetention order made against the person or an order for the\nperson's detention made under a corresponding law.\nNote for section 21N\nThis Division does not authorise the extension of the period of an order.\nHowever, an eligible Judge may make further orders for the same terrorist act as\nlong as the maximum period of detention under section 21K is not exceeded in\nrelation to the total period of the orders.\n","sortOrder":56},{"sectionNumber":"21P","sectionType":"section","heading":"Review of preventative detention order by Supreme Court","content":"21P Review of preventative detention order by Supreme Court\n(1) As soon as practicable after a person (the subject) is first taken\ninto custody, or is first in detention, under a preventative detention\norder, an authorised police officer must apply to the Supreme Court\nfor a review of the order.\n(2) The Court in the review proceeding must not be constituted by the\neligible Judge who made the preventative detention order.\n(3) In the review proceeding:\n(a) the subject is entitled to appear and give evidence, call\nwitnesses, examine and cross-examine witnesses, adduce\nmaterial and make submissions; but\n(b) the subject's absence does not prevent the Court from\ndeciding the application.\n(4) In deciding the review, the Court may, by order:\n(a) confirm the preventative detention order; or\n(b) confirm the preventative detention order with the variation of\nthe period specified in the order as the period during which the\nsubject may be detained under it; or\n(c) give directions about the making of further preventative\ndetention orders in relation to the subject; or\n(d) if not satisfied as mentioned in section 21G(1):\n(i) revoke the preventative detention order and release the\nsubject from detention; or\n\nTerrorism (Emergency Powers) Act 2003 31\n(ii) if the subject has been released from detention – declare\nthe preventative detention order to have been void from\nits making.\n(5) Subject to any direction made by the Court in the proceeding for the\nreview of the preventative detention order, the police officer\ndetaining the subject may exercise powers and perform functions\nunder this Part to release the subject from detention during the\ncourse of the proceeding.\n","sortOrder":57},{"sectionNumber":"21Q","sectionType":"section","heading":"Prohibited contact order – person in relation to whom","content":"21Q Prohibited contact order – person in relation to whom\npreventative detention order being sought\n(1) A police officer who applies to an eligible Judge for a preventative\ndetention order in relation to a person may also apply to the Judge\nfor a prohibited contact order under this section in relation to the\nperson's detention under the preventative detention order.\n(2) The application must:\n(a) be made by affidavit; and\n(b) specify:\n(i) the terms of the order sought; and\n(ii) the facts and other grounds on which the applicant\n(3) However, an application for a prohibited contact order that is\nrequired urgently may be made by telephone, fax, email or other\nelectronic communication.\n(4) If the Judge:\n(a) makes the preventative detention order; and\n(b) is satisfied on reasonable grounds that making the prohibited\ncontact order will assist in achieving the purpose of the\npreventative detention order,\nthe Judge may make a prohibited contact order under this section\nthat the person is not, while being detained under the preventative\ndetention order, to contact another person specified in the\nprohibited contact order.\n(5) The prohibited contact order must be in writing.\n\nTerrorism (Emergency Powers) Act 2003 32\n(6) If the application is made under subsection (3):\n(a) the order must be sent to the applicant by fax, email or other\nelectronic communication; or\n(b) the applicant must complete a form of a prohibited contact\n(7) The copy of the original order sent, or the form of the order\ncompleted, under subsection (6) has the same force and effect as\n(8) The Judge may refuse to make a prohibited contact order unless\nthe applicant gives the Judge any further information the Judge\nrequests concerning the facts and other grounds on which the order\nis sought.\n","sortOrder":58},{"sectionNumber":"21R","sectionType":"section","heading":"Prohibited contact order – person in relation to whom","content":"21R Prohibited contact order – person in relation to whom\npreventative detention order in force\n(1) If a preventative detention order is in force in relation to a person\n(the subject), an authorised police officer may apply to an eligible\nJudge for a prohibited contact order under this section in relation to\nthe subject's detention under the preventative detention order.\n(2) The application must:\n(a) be made by affidavit; and\n(b) specify:\n(i) the terms of the order sought; and\n(ii) the facts and other grounds on which the applicant\n(3) However, an application for a prohibited contact order that is\nrequired urgently may be made by telephone, fax, email or other\nelectronic communication.\n(4) If the Judge is satisfied on reasonable grounds that making the\nprohibited contact order will assist in achieving the purpose for\nwhich the preventative detention order was made, the Judge may\nmake a prohibited contact order under this section that the person\nis not, while being detained under the preventative detention order,\nto contact another person specified in the prohibited contact order.\n(5) The prohibited contact order must be in writing.\n\nTerrorism (Emergency Powers) Act 2003 33\n(6) If the application is made under subsection (3):\n(a) the order must be sent to the applicant by fax, email or other\nelectronic communication; or\n(b) the applicant must complete a form of a prohibited contact\n(7) The copy of the original order sent, or the form of the order\ncompleted, under subsection (6) has the same force and effect as\n(8) The Judge may refuse to make a prohibited contact order unless\nthe applicant gives the Judge any further information the Judge\nrequests concerning the facts and other grounds on which the order\nis sought.\n","sortOrder":59},{"sectionNumber":"21S","sectionType":"section","heading":"Application by detainee for revocation or variation of","content":"21S Application by detainee for revocation or variation of\npreventative detention order or prohibited contact order\n(1) A person in relation to whom a preventative detention order is in\nforce (the subject) may apply to the Supreme Court for:\n(a) if the order is a confirmed preventative detention order – the\nrevocation or variation of the order; or\n(b) the revocation or variation of any prohibited contact order in\nforce in relation to the subject's detention under the\npreventative detention order.\n(2) If the Court is satisfied, because of new facts or circumstances that\nhave arisen since the Court reviewed the making of the\npreventative detention order, it is appropriate that the order be\nrevoked or varied, the Court must, by order, revoke or vary the\n(3) If the subject is being detained in the custody of the Commissioner\nof Correctional Services or CEO (Youth Justice) and the\npreventative detention order is revoked or varied under\nsubsection (2), the police officer who is detaining the subject under\nthe order must give a copy of the order made under the subsection\nto the Commissioner or CEO (Youth Justice), as the case may be,\nas soon as practicable after it is made.\n(4) If:\n(a) a prohibited contact order is in force in relation to the subject's\n\nTerrorism (Emergency Powers) Act 2003 34\n(b) either of the following apply:\n(i) if the order is a confirmed preventative detention order –\nthe Court is satisfied, because of new facts or\ncircumstances that have arisen since the making of the\nprohibited contact order, it is appropriate that the\nprohibited contact order be revoked or varied;\n(ii) otherwise – the Court is satisfied it is appropriate that the\nprohibited contact order be revoked or varied,\nthe Court must, by order, revoke or vary the prohibited contact\n(5) If the subject is being detained in the custody of the Commissioner\nof Correctional Services or CEO (Youth Justice) and a prohibited\ncontact order in force in relation to the subject is revoked or varied\nunder subsection (4), the police officer who is detaining the subject\nunder the preventative detention order must give a copy of the\norder made under the subsection to the Commissioner or CEO\n(Youth Justice), as the case may be, as soon as practicable after it\nis made.\n","sortOrder":60},{"sectionNumber":"21T","sectionType":"section","heading":"Application by police officer for revocation or variation of","content":"21T Application by police officer for revocation or variation of\npreventative detention order or prohibited contact order\n(1) If:\n(b) the nominated police officer in relation to the order is satisfied\nthe grounds on which the order was made have ceased to\nexist,\nthe officer must apply to the Supreme Court for the revocation of\nthe order.\n(2) If:\n(b) the nominated police officer in relation to the order is satisfied,\nbecause of new facts or circumstances that have arisen since\nthe making of the order, it is appropriate that the order be\nvaried,\nthe officer must apply to the Court for a variation of the order.\n\nTerrorism (Emergency Powers) Act 2003 35\n(3) If:\n(b) the Court is satisfied, on application by a police officer under\nsubsection (1) or (2), it is appropriate that the order be\nrevoked or varied,\nthe Court must, by order, revoke or vary the order.\n(4) If the person in relation to whom a preventative detention order is in\nforce is being detained in the custody of the Commissioner of\nCorrectional Services or CEO (Youth Justice) and the order is\nrevoked or varied under subsection (3), the applicant for the\nrevocation or variation must give a copy of the order made under\nthe subsection to the Commissioner or CEO (Youth Justice), as the\ncase may be, as soon as practicable after it is made.\n(5) If:\n(a) a prohibited contact order is in force in relation to a person's\n(b) the nominated police officer in relation to the preventative\ndetention order is satisfied, because of new facts or\ncircumstances that have arisen since the making of the\nprohibited contact order, it is appropriate that the prohibited\ncontact order be revoked or varied (including that the grounds\non which the order was made have ceased to exist),\nthe officer must apply to the Court for the revocation or a variation\nof the prohibited contact order.\n(a) a prohibited contact order is in force in relation to a person's\n(b) the Court is satisfied, on application by a police officer under\nsubsection (5), it is appropriate that the prohibited contact\norder be revoked or varied,\nthe Court must, by order, revoke or vary the prohibited contact\n(7) If the person in relation to whose detention under a preventative\ndetention order a prohibited contact order is in force is being\ndetained in the custody of the Commissioner of Correctional\nServices or CEO (Youth Justice) and the prohibited contact order is\n\nTerrorism (Emergency Powers) Act 2003 36\nrevoked or varied under subsection (6), the applicant for the\nrevocation or variation must give a copy of the order made under\nthe subsection to the Commissioner or CEO (Youth Justice), as the\ncase may be, as soon as practicable after it is made.\n(8) A person in relation to whom a preventative detention order is in\nforce may make representations to the nominated police officer in\nrelation to the order with a view to having the order, or a prohibited\ncontact order that is in force in relation to the person's detention\nunder the preventative detention order, revoked or varied under this\n","sortOrder":61},{"sectionNumber":"21U","sectionType":"section","heading":"Hearing procedures for proceedings in relation to orders","content":"21U Hearing procedures for proceedings in relation to orders\n(1) This section applies to the following proceedings before the\nSupreme Court:\n(a) the review of a preventative detention order;\n(b) an application for the revocation or variation of a preventative\ndetention order or prohibited contact order.\n(2) The proceeding must be heard in the absence of the public.\n(3) For the proceeding, the Court may take into account any evidence\nor information the Court considers credible or trustworthy in the\ncircumstances and, in that regard, is not bound by principles or\nrules governing the admission of evidence.\n(4) The Court may, in relation to the proceeding, make the orders\nrelating to the suppression of publication of the whole or any part of\nthe proceeding or of the evidence given in the proceeding, that in its\nopinion, are necessary to secure the object of this Part.\n(5) Despite subsection (4), the Court must, by order, suppress\npublication of information likely to prejudice national security.\n(6) A person must not disclose information knowing the disclosure\ncontravenes an order under subsection (4) or (5).\n","sortOrder":62},{"sectionNumber":"21V","sectionType":"section","heading":"Power to detain person under preventative detention order","content":"21V Power to detain person under preventative detention order\n(1) While a preventative detention order is in force in relation to a\nperson:\n(a) any police officer may take the person into custody; and\n\nTerrorism (Emergency Powers) Act 2003 37\n(b) any police officer may detain the person.\n(2) A police officer has, for the purpose of taking a person into custody\nunder a preventative detention order or preventing the person\nescaping from that custody, the same powers and functions as the\nofficer would have if the officer were taking the person into custody\nin relation to the commission of an offence or preventing the person\nescaping from that custody.\n(3) Subsection (2) does not apply to the extent to which particular\npowers and functions are provided for in this Part.\n","sortOrder":63},{"sectionNumber":"21W","sectionType":"section","heading":"Senior police officer with functions under preventative","content":"21W Senior police officer with functions under preventative\ndetention order\nIf:\n(a) a number of police officers are detaining, or involved in the\ndetention of, a person under a preventative detention order at\na particular time; and\n(b) a function (other than a power) is expressed in this Part to be\nimposed on a police officer detaining the person,\nthe function is imposed at that time on the most senior of those\nofficers.\n","sortOrder":64},{"sectionNumber":"21X","sectionType":"section","heading":"Nominated police officer to oversee order","content":"21X Nominated police officer to oversee order\n(1) If a preventative detention order is made in relation to a person, a\nsenior police officer must nominate a police officer of or above the\nrank of superintendent to oversee the exercise of functions under or\nin relation to the order.\n(2) The nominated police officer must be someone who was not\ninvolved in the making of the application for the preventative\ndetention order.\n(3) The nominated police officer must:\n(a) oversee the exercise of functions under the preventative\ndetention order; and\n(b) consider any representations made under subsection (4) in\nrelation to any of the matters mentioned in subsection (5).\n\nTerrorism (Emergency Powers) Act 2003 38\n(4) The representations may be made to the nominated police officer\nby any of the following persons:\n(a) the person being detained under the preventative detention\norder;\n(b) the Ombudsman or officer in charge of the Ethical and\nProfessional Standards Command;\n(c) a lawyer acting for that person in relation to the order;\n(d) a person with whom that person has contact under\nsection 21ZL.\n(5) The matters are:\n(a) the exercise of powers under, and the performance of duties\nin relation to, the preventative detention order; and\n(b) without limiting paragraph (a), compliance with section 21T in\nrelation to the preventative detention order; and\n(c) the person's treatment in relation to the person's detention\nunder the preventative detention order.\n","sortOrder":65},{"sectionNumber":"21Y","sectionType":"section","heading":"Endorsement of order with date and time person taken into","content":"21Y Endorsement of order with date and time person taken into\ncustody\nAs soon as practicable after a person is first taken into custody\ndetaining the person under the order must endorse on the order the\ndate on which, and time at which, the person is first taken into\ncustody under the order.\n","sortOrder":66},{"sectionNumber":"21Z","sectionType":"section","heading":"Power to require disclosure of identity","content":"21Z Power to require disclosure of identity\n(1) This section applies if a police officer believes on reasonable\ngrounds a person may be able to assist the officer in executing a\npreventative detention order.\n(2) The police officer may request the person to give the officer the\nfollowing details:\n(a) the person's name;\n(b) the person's residential address;\n(c) the person's date of birth.\n\nTerrorism (Emergency Powers) Act 2003 39\n(3) A person to whom a request is made under subsection (2) must\n(4) A person to whom a request is made under subsection (2) must\n(b) an address other than the full and correct address of the\nperson's ordinary place of residence.\n(5) A police officer may request a person to whom a request is made\nunder subsection (2) to give the officer proof of the person's\n(6) A person to whom a request is made under subsection (5) must\n21ZA Power to enter premises and vehicles\nIf:\n(b) a police officer believes on reasonable grounds the person is\non any premises or in or on any vehicle,\nthe officer may enter the premises or vehicle at any time of the day\nor night for the purpose of searching the premises or vehicle for the\nperson or taking the person into custody.\n21ZB Release of person from preventative detention\n(1) The police officer who is detaining a person under a preventative\ndetention order may release the person from detention under the\nNotes for subsection (1)\n1. A person may be released, for example, so that the person may be arrested\nand otherwise dealt with for a suspected offence. In these circumstances,\nPart VII of the Police Administration Act 1978 applies.\n\nTerrorism (Emergency Powers) Act 2003 40\n2. Also, a person for whom a warrant under section 34D of the Australian\nSecurity Intelligence Organisation Act 1979 (Cth) is in force may be released\nso that the person may be dealt with under the warrant.\n(2) The police officer who releases the person from detention under the\npreventative detention order must give the person a written\nstatement that the person is being released from that detention.\n(3) The statement must be signed by the police officer.\n(4) To avoid doubt, a person may be taken to have been released from\ndetention under a preventative detention order even if:\n(a) the person is informed that he or she is being released from\ndetention under the order; and\n(b) the person is taken into custody on some other basis\nimmediately after the person is informed that he or she is\nbeing released from detention under the order.\n(5) To avoid doubt, a person is taken not to be detained under a\npreventative detention order during a period during which the\nperson is released from detention under the order.\nNote for subsection (5)\nDuring this period, the provisions of this Part that apply to a person who is being\ndetained under a preventative detention order (for example, the provisions\ndealing with the people the person may contact) do not apply to the person.\n(6) To avoid doubt:\n(a) the release of a person under subsection (1) from detention\nunder the preventative detention order does not extend the\nperiod for which the order remains in force; and\n(b) a person released under subsection (1) from detention under\na preventative detention order may again be taken into\ncustody and detained under the order at any time while the\norder remains in force in relation to the person.\n21ZC Arrangement for detainee to be held in custodial correctional\nfacility\n(1) A police officer who is detaining a person (the detainee) under a\npreventative detention order may arrange, with the Commissioner\nof Correctional Services, for the detainee to be detained under the\norder at a custodial correctional facility.\n\nTerrorism (Emergency Powers) Act 2003 41\n(2) If an arrangement is made under subsection (1):\n(a) the police officer making the arrangement must give the\nperson in charge of the custodial correctional facility written\nnotice of the arrangement, a copy of the preventative\ndetention order and any prohibited contact order in force in\nrelation to the detainee's detention; and\n(b) the preventative detention order is taken to authorise the\nperson in charge of the custodial correctional facility to detain\nthe detainee at the custodial correctional facility while the\norder is in force in relation to the detainee; and\n(c) section 21ZG applies in relation to the detainee's detention\nunder the preventative detention order at the custodial\ncorrectional facility as if:\n(i) the person in charge of that custodial correctional facility;\nor\n(ii) any other person involved in the detainee's detention at\nthat custodial correctional facility,\nwere a person exercising authority under the order or\nimplementing or enforcing the order; and\n(d) the officer who made the arrangement (or another police\nofficer designated by a senior police officer) is taken, while the\ndetainee is detained at the custodial correctional facility, to be\nthe police officer detaining the detainee for this Part; and\n(e) a police officer may, for exercising functions under the order,\nenter at any time the prison and visit the detainee in the\ncustodial correctional facility.\n(3) A regulation may exclude the detainee from the application of any\nof the provisions of, or provisions made under, the Correctional\nServices Act 2014 or Youth Justice Act 2005.\n(4) An arrangement under subsection (1) does not prevent the\ndetainee being returned to the custody of a police officer.\n(5) Subsections (6) and (7) apply if the detainee is under 18 years of\nage.\n(6) A reference in this section to a custodial correctional facility is, in\nrelation to the detainee, a reference to a detention centre within the\nmeaning of the Youth Justice Act 2005 and the reference to the\nCommissioner of Correctional Services is a reference to the\nsuperintendent of the centre.\n\nTerrorism (Emergency Powers) Act 2003 42\n(7) During any period the detainee is not detained under an\narrangement in force under this section, a police officer must not\ndetain the detainee together with persons who are 18 years or older\nunless the nominated police officer considers there are exceptional\ncircumstances and approves that detention.\nDivision 4 Informing person detained about preventative\ndetention orders\n21ZD Effect of preventative detention order to be explained to\nperson detained\n(1) As soon as practicable after a person is first taken into custody\ndetaining the person under the order must inform the person of the\nmatters covered by subsection (2).\n(2) The matters covered by this subsection are:\n(a) the fact that the preventative detention order has been made\nin relation to the person; and\n(b) the period during which the person may be detained under the\n(c) the requirement for there to be a review of the order by the\nSupreme Court and the fact that the person will have an\nopportunity to be heard on the review; and\n(d) the people the person is entitled to contact under\nsections 21ZI and 21ZL and the restrictions that apply to that\ncontact; and\n(e) any right the person has to complain to the Ombudsman or\nofficer in charge of the Ethical and Professional Standards\nCommand in relation to:\n(i) the exercise of powers under, and the performance of\nduties in relation to, the preventative detention order;\nand\n(ii) without limiting subparagraph (i), compliance with\nsection 21T in relation to the preventative detention\n(iii) the person's treatment in relation to the person's\ndetention under the preventative detention order; and\n\nTerrorism (Emergency Powers) Act 2003 43\n(f) the fact that the person may seek from a court a remedy\nrelating to the order, a prohibition contact order or the\ntreatment of the person in relation to the person's detention\n(g) the person's entitlement under section 21ZK to contact a\nlawyer; and\n(h) the name and work telephone number of the nominated police\nofficer to oversee the exercise of functions under the order.\n21ZE Compliance with obligation to inform\n(1) Section 21ZD(1) does not apply if the actions of the person being\ndetained under the preventative detention order make it\nimpracticable for the police officer to comply with the section.\n(2) The police officer detaining the person under the preventative\ndetention order complies with section 21ZD(1) if the officer informs\nthe person in substance of the matters covered by section 21ZD(2)\n(even if this is not done in language of a precise or technical\nnature).\n(3) The police officer who is detaining the person under the\npreventative detention order must arrange for the assistance of an\ninterpreter in complying with section 21ZD(1) if the officer has\nreasonable grounds to believe the person is unable, because of\ninadequate knowledge of the English language or a disability, to\ncommunicate with reasonable fluency in that language.\n(4) Without limiting subsection (3), the assistance of the interpreter\nmay be provided by telephone.\n(5) The lawfulness of a person's detention under a preventative\ndetention order is not affected by a failure to comply with\nsubsection (3) or section 21ZD(1).\n21ZF Copy of preventative detention order and summary of grounds\n(1) As soon as practicable after a person is first taken into custody\ndetaining the person under the order must give the person:\n(a) a copy of the order and any prohibited contact order in force in\nrelation to the person's detention; and\n(b) a summary of the grounds on which the preventative detention\norder or prohibited contact order is made.\n\nTerrorism (Emergency Powers) Act 2003 44\n(2) To avoid doubt, subsection (1)(b) does not require information to be\nincluded in the summary if the disclosure of the information is likely\nto prejudice national security.\n(3) A police officer does not need to have a copy of the order with him\nor her, or to produce a copy of the order to the person being taken\ninto custody, when the officer takes the person into custody.\n(4) A person who is being detained under a preventative detention\norder may ask the police officer who is detaining the person under\nthe order to give a copy of the following to a lawyer acting for the\nperson in relation to the order:\n(a) the order and any prohibited contact order in force in relation\nto the person's detention;\n(b) any summary given to the person under subsection (1)(b).\n(5) The police officer must make arrangements for a copy of an order\nor summary to be given to the lawyer as soon as practicable after\nthe request is made.\n(6) Without limiting subsection (5), the copy of an order may be faxed\nor emailed to the lawyer.\n(7) To avoid doubt, subsection (5) does not entitle the lawyer to be\ngiven a copy of, or see, a document other than the preventative\ndetention order or prohibited contact order or any summary given\nunder subsection (1)(b).\n(8) The police officer who gives:\n(a) the person being detained under a preventative detention\n(b) a lawyer acting for the person,\na copy of the order under this section must endorse on the copy the\ndate on which, and time at which, the person was first taken into\ncustody under the order.\n(9) The lawfulness of a person's detention under a preventative\ndetention order is not affected by a failure to comply with this\n\nTerrorism (Emergency Powers) Act 2003 45\n21ZG Humane treatment of person being detained\n(1) A person being taken into custody, or being detained, under a\npreventative detention order:\n(a) must be treated with humanity and with respect for human\ndignity; and\n(b) must not be subjected to cruel, inhuman or degrading\ntreatment,\nby anyone exercising authority under the order or implementing or\nenforcing the order.\n(2) A person who contravenes subsection (1) is guilty of an offence.\n21ZH Restriction on contact with other people\nExcept as provided by this Division, while a person is being\ndetained under a preventative detention order, the person:\n(a) is not entitled to contact another person; and\n(b) may be prevented from contacting another person.\nNote for section 21ZH\nA person's entitlement to contact other people under this Division is subject to a\nprohibited contact order.\n21ZI Contacting family members etc.\n(1) The person being detained is entitled to contact once:\n(a) one of his or her family members; and\n(b) if he or she:\n(i) lives with another person and the other person is not a\nfamily member of the person being detained; or\n(ii) lives with other people and those other people are not\nfamily members of the person being detained;\nthe other person or one of those other people; and\n(c) if he or she is employed – his or her employer; and\n\nTerrorism (Emergency Powers) Act 2003 46\n(d) if he or she employs people in a business – one of the people\nhe or she employs in the business; and\n(e) if he or she engages in a business together with another\nperson or other people – the other person or one of those\nother people; and\n(f) if the police officer detaining the person being detained agrees\nto the person contacting another person – the person,\nby telephone, fax or email but solely for the purposes of letting the\nperson contacted know that he or she is safe and is being detained.\n(2) To avoid doubt, the person being detained is entitled, under\nsubsection (1), to disclose:\n(a) the fact that a preventative detention order has been made in\nrelation to the person; and\n(b) the fact that the person is being detained; and\n(c) the period for which the person is being detained.\nfamily member, of a person, means:\n(a) the person's spouse or de facto spouse; or\n(b) a parent, step-parent or grandparent of the person; or\n(c) a child, step-child or grandchild of the person; or\n(d) a brother, sister, step-brother or step-sister of the person; or\n(e) a guardian or carer of the person.\n21ZJ Contacting Ombudsman and Ethical and Professional\nStandards Command\nThe person being detained is entitled to contact the Ombudsman or\nthe officer in charge of the Ethical and Professional Standards\nCommand.\n\nTerrorism (Emergency Powers) Act 2003 47\n21ZK Contacting lawyer\n(1) The person being detained is entitled to contact a lawyer but solely\nfor the purpose of:\n(a) obtaining advice from the lawyer about the person's legal\nrights in relation to:\n(i) the preventative detention order; or\n(ii) a prohibited contact order in force in relation to the\nperson's detention; or\n(iii) the treatment of the person in relation to the person's\ndetention under the order; or\n(b) arranging for the lawyer to act for the person in relation to, and\ninstructing the lawyer in relation to, a proceeding in the\nSupreme Court relating to:\n(i) the review, revocation or variation of the preventative\ndetention order; or\n(ii) the revocation or variation of a prohibited contact order\nin relation to the person's detention; or\n(c) arranging for the lawyer to act for the person in relation to, and\ninstructing the lawyer in relation to, a proceeding in a court for\na remedy relating to the treatment of the person in relation to\nthe person's detention under the order; or\n(d) arranging for the lawyer to act for the person in relation to, and\ninstructing the lawyer in relation to, a complaint to the\nOmbudsman or officer in charge of the Ethical and\nProfessional Standards Command in relation to:\n(i) the exercise of powers under, and the performance of\nduties in relation to, the preventative detention order;\nand\n(ii) without limiting subparagraph (i), compliance with\nsection 21T in relation to the preventative detention\n(iii) the person's treatment in relation to the person's\ndetention under the preventative detention order; or\n(e) arranging for the lawyer to act for the person in relation to an\nappearance, or hearing, before a court that is to take place\nwhile the person is being detained under the order.\n\nTerrorism (Emergency Powers) Act 2003 48\n(2) The form of contact that the person being detained is entitled to\nhave with a lawyer under subsection (1) includes:\n(a) being visited by the lawyer; and\n(b) communicating with the lawyer by telephone, fax or email.\n(3) If:\n(a) the person being detained asks to be allowed to contact a\nparticular lawyer under subsection (1); and\n(b) either:\n(i) the person is not entitled to contact that lawyer because\nof a prohibited contact order; or\n(ii) the person is not able to contact that lawyer,\nthe police officer who is detaining the person must give the person\nreasonable assistance to choose another lawyer for the person to\ncontact under subsection (1).\n(4) If the police officer who is detaining a person under a preventative\ndetention order has reasonable grounds to believe:\n(a) the person is unable, because of inadequate knowledge of the\nEnglish language or a disability, to communicate with\nreasonable fluency in that language; and\n(b) the person may have difficulties in choosing or contacting a\nlawyer because of that inability,\nthe officer must give the person reasonable assistance (including, if\nappropriate, by arranging for the assistance of an interpreter) to\nchoose and contact a lawyer under subsection (1).\n(5) In recommending lawyers to the person being detained as part of\ngiving the person assistance under subsection (3), the police officer\nwho is detaining the person may give priority to lawyers who have\nbeen given a security clearance at an appropriate level by the\nAttorney-General's Department of the Commonwealth.\n(6) Despite subsection (5) but subject to any prohibited contact order,\nthe person being detained is entitled under this section to contact a\nlawyer who does not have a security clearance of the kind\nmentioned in subsection (5).\n\nTerrorism (Emergency Powers) Act 2003 49\n21ZL Special contact rules for person under 18 or incapable of\nmanaging own affairs\n(1) This section applies if the person being detained under a\npreventative detention order (the detainee):\n(b) is incapable of managing his or her affairs.\n(2) The detainee is entitled, while being detained under the order, to\nhave contact with:\n(a) a parent, guardian or decision maker (as defined in the\nAdvance Personal Planning Act 2013) of the detainee; or\n(b) another person who:\n(i) is able to represent the detainee's interests; and\n(ii) is, as far as practicable in the circumstances, acceptable\nto the detainee and to the police officer who is detaining\nthe detainee; and\n(iii) is not a police officer; and\n(iv) is not an AFP member or AFP employee within the\nmeaning of the Australian Federal Police Act 1979 (Cth);\nand\n(v) is not a member (however described) of a police force of\na State or another Territory; and\n(vi) is not an officer or employee of the Australian Security\nIntelligence Organisation.\n(3) To avoid doubt:\n(a) if the detainee has 2 parents or 2 or more guardians or\ndecision makers, the detainee is entitled, subject to any\nprohibited contact order, to have contact under subsection (2)\nwith each of those parents, guardians or decision makers; and\n(b) the detainee is entitled to disclose the following to a person\nwith whom the detainee has contact under subsection (2):\nmade in relation to the detainee;\n(ii) the fact that the detainee is being detained;\n\nTerrorism (Emergency Powers) Act 2003 50\n(iii) the period for which the detainee is being detained.\n(4) The form of contact that the detainee is entitled to have with\nanother person under subsection (2) includes:\n(a) being visited by that other person; and\n(b) communicating with that other person by telephone, fax or\nemail.\n(5) The period for which the detainee is entitled to have contact with\nanother person each day under subsection (2) is:\n(a) 2 hours; or\n(b) the longer period specified in the preventative detention order.\n(6) Despite subsection (5), the police officer who is detaining the\ndetainee may permit the detainee to have contact with a person\nunder subsection (2) for a period that is longer than the period\nprovided for in subsection (5).\n(7) If:\n(a) the detainee has contact under subsection (2) with a parent,\nguardian or decision maker of the detainee (person A); and\n(b) a prohibited contact order is in force in relation to another\nparent, guardian or decision maker of the detainee\n(person B);\nthe nominated police officer in relation to the preventative detention\norder must inform person A that person A must not disclose to\nperson B information of the kind mentioned in section 21ZO(3)(b).\nMaximum penalty for subsection (7): Imprisonment for 5 years.\n21ZM Monitoring contact with certain persons\n(1) The contact the person being detained has with another person\nunder section 21ZI, 21ZK or 21ZL may take place only if it is\nconducted in a way that the contact, and the content and meaning\nof the communication that takes place during the contact, can be\neffectively monitored by a police officer exercising authority under\nthe preventative detention order.\n(2) The contact may take place in a language other than English only if\nthe content and meaning of the communication that takes place\nduring the contact can be effectively monitored with the assistance\nof an interpreter.\n\nTerrorism (Emergency Powers) Act 2003 51\n(3) Without limiting subsection (2), the interpreter mentioned in that\nsubsection may be a police officer.\n(4) If the person being detained indicates that he or she wishes the\ncontact to take place in a language other than English, the police\nofficer who is detaining the person must:\n(a) arrange for the services of an appropriate interpreter to be\nprovided if it is reasonably practicable to do so during the\nperiod during which the person is being detained; and\n(b) if it is reasonably practicable to do so, arrange for those\nservices to be provided as soon as practicable.\n(5) Any communication between:\n(a) a person who is being detained under a preventative detention\n(b) a lawyer,\nfor a purpose mentioned in section 21ZK is not admissible in\nevidence against the person in any proceeding in a court.\n21ZN Entitlement to contact subject to prohibited contact order\nSections 21ZI, 21ZK and 21ZL have effect subject to any prohibited\ncontact order made in relation to the person's detention.\n21ZO Disclosure offences\n(1) A person (the detainee) commits an offence if:\n(a) the detainee is being detained under a preventative detention\n(b) the detainee discloses to another person:\n(iv) the fact that a prohibited contact order has been made in\nrelation to the detainee's detention; and\n\nTerrorism (Emergency Powers) Act 2003 52\n(d) the disclosure is not one that the detainee is entitled to make\nunder section 21ZI, 21ZJ, 21ZK or 21ZL.\n(2) A person (the lawyer) commits an offence if:\n(a) a person being detained under a preventative detention order\n(the detainee) contacts the lawyer under section 21ZK or a\nperson with whom the detainee has contact under\nsection 21ZL contacts the lawyer as mentioned in\nsubsection (3)(e)(ii) of this section; and\n(b) the lawyer discloses to another person:\n(iv) any information that the detainee or other person gives\nthe lawyer in the course of the contact; and\n(d) the disclosure is not made for the purposes of:\n(i) a proceeding in the Supreme Court for a remedy relating\nto the preventative detention order, a prohibited contact\norder or the treatment of the detainee in relation to the\ndetainee's detention under the preventative detention\n(ii) a complaint to the Ombudsman or Ethical and\nProfessional Standards Command in relation to the\napplication for the preventative detention order or a\nprohibited contact order or the treatment of the detainee\nby a police officer in relation to the detainee's detention\nunder the preventative detention order; or\n(iii) making representations to the nominated police officer in\nrelation to the preventative detention order, or another\npolice officer involved in the detainee's detention, about:\n(A) the exercise of powers under the order or the\nperformance of functions in relation to the order; or\n\nTerrorism (Emergency Powers) Act 2003 53\n(B) the treatment of the detainee in relation to the\ndetainee's detention under the order.\n(3) A person (the parent/guardian) commits an offence if:\n(a) a person being detained under a preventative detention order\n(the detainee) has contact with the parent/guardian under\nsection 21ZL; and\n(b) the parent/guardian discloses to another person:\n(iv) any information that the detainee gives the\nparent/guardian in the course of the contact; and\n(c) the other person is not a person the detainee is entitled to\nhave contact with under section 21ZL; and\n(d) the disclosure occurs while the detainee is being detained\n(e) the disclosure is not made for the purposes of:\n(i) a complaint to the Ombudsman or Ethical and\nProfessional Standards Command in relation to the\napplication for the preventative detention order or a\nprohibited contact order or the treatment of the detainee\nby a police officer in relation to the detainee's detention\nunder the preventative detention order; or\n(ii) contacting a lawyer whom the detainee is entitled to\ncontact under section 21ZK for any purpose for which\nthe detainee is entitled to contact that lawyer under that\nsection; or\n(iii) making representations to the nominated police officer in\nrelation to the preventative detention order, or another\npolice officer involved in the detainee's detention, about:\n(A) the exercise of powers under the order or the\nperformance of functions in relation to the order; or\n\nTerrorism (Emergency Powers) Act 2003 54\n(B) the treatment of the detainee in relation to the\ndetainee's detention under the order.\n(4) To avoid doubt, a person does not contravene subsection (2) or (3)\nmerely by letting another person know that the detainee is safe but\nis not able to be contacted for a specified period.\n(5) A person (the parent/guardian) commits an offence if:\n(a) the parent/guardian is a parent or guardian of a person who is\nbeing detained under a preventative detention order (the\ndetainee); and\n(b) the detainee has contact with the parent/guardian under\nsection 21ZL; and\n(c) while the detainee is being detained under the order, the\nparent/guardian intentionally discloses information of the kind\nmentioned in subsection (3)(b) to another parent or guardian\nof the detainee (the other parent/guardian); and\n(d) when the disclosure is made, the detainee has not had contact\nwith the other parent/guardian under section 21ZL while being\ndetained under the order; and\n(e) when the disclosure is made, the parent/guardian has been\ninformed under section 21ZL(7) by the nominated police\nofficer in relation to the order that the parent/guardian must\nnot disclose information of that kind to the other\nparent/guardian.\n(a) a person (the parent/guardian) is a parent or guardian of a\nperson being detained under a preventative detention order\n(the detainee); and\n(b) the parent/guardian informs the nominated police officer in\nrelation to the order that the parent/guardian proposes to\ndisclose information of the kind mentioned in subsection (3)(b)\nto another parent or guardian of the detainee (the other\nparent/guardian),\n\nTerrorism (Emergency Powers) Act 2003 55\nthat police officer may inform the parent/guardian that the detainee\nis not entitled to contact the other parent/guardian under\nsection 21ZL.\nNote for subsection (6)\nThe parent/guardian may commit an offence against subsection (3) if the other\nparent/guardian is a person the detainee is not entitled to have contact with\nunder section 21ZL and the parent/guardian does disclose information of that\nkind to the other parent/guardian. This is because of the operation of\nsubsection (3)(c).\n(7) A person (the interpreter) commits an offence if:\n(a) the interpreter is an interpreter who assists in monitoring the\ncontact that a person being detained under a preventative\ndetention order (the detainee) has with someone while the\ndetainee is being detained under the order; and\n(b) the interpreter discloses to another person:\n(iv) any information that interpreter obtains in the course of\nassisting in the monitoring of that contact; and\nunder the order.\n(8) A person (the disclosure recipient) commits an offence if:\n(a) a person (the earlier discloser) discloses to the disclosure\nrecipient:\nmade in relation to a person; or\n(ii) the fact that a person is being detained under a\npreventative detention order; or\n(iii) the place where the person is being detained; or\n\nTerrorism (Emergency Powers) Act 2003 56\n(iv) any information that a person who is being detained\nunder a preventative detention order communicates to a\nperson while the person is being detained under the\n(b) the disclosure by the earlier discloser to the disclosure\nrecipient contravenes:\n(i) subsection (1), (2), (3), (5) or (7); or\n(ii) this subsection; and\n(c) the disclosure recipient discloses that information to another\n(d) the disclosure by the disclosure recipient occurs while the\nperson mentioned in paragraph (a)(i), (ii) or (iii) is being\ndetained under the order; and\n(e) the disclosure is not made to a person exercising authority\nunder the preventative detention order or implementing or\nenforcing the order or with responsibility for the safety or well-\nbeing of the person being detained under the order.\n(9) A person (the monitor) commits an offence if:\n(a) the monitor is:\n(i) a police officer who monitors; or\n(ii) an interpreter who assists in monitoring,\ncontact that a person being detained under a preventative\ndetention order has with a lawyer under section 21ZK while\nthe detainee is being detained under the order; and\n(b) information is communicated in the course of that contact; and\n(c) the information is communicated for one of the purposes\nmentioned in section 21ZK; and\n(d) the monitor discloses the information to another person.\n\nTerrorism (Emergency Powers) Act 2003 57\n21ZP Questioning of person prohibited while person is detained\n(1) A police officer must not question a person while the person is\nbeing detained under a preventative detention order except for the\npurposes of:\n(a) determining whether the person is the person specified in the\n(b) ensuring the safety and well-being of the person being\ndetained; or\n(c) allowing the officer to comply with a requirement of this Part in\nrelation to the person's detention under the order.\n(2) A police officer must not question a person while the person is\nbeing detained under an order made under a corresponding law.\nNote for section 21ZP\nThis section will not apply to the person if the person is released from detention\nunder the order (even though the order may still be in force in relation to the\nperson).\n21ZQ Taking identification material\n(1) A police officer must not take identification material from a person\nwho is being detained under a preventative detention order other\nthan under this section.\n(2) A police officer who is of or above the rank of sergeant may take\nidentification material from the person, or cause identification\nmaterial from the person to be taken, if:\n(a) the person consents in writing; or\n(b) the officer believes on reasonable grounds it is necessary to\ndo so for the purpose of confirming the person's identity as the\nperson specified in the order; or\n(c) the officer believes on reasonable grounds it is necessary to\ndo so for documenting an illness or injury suffered by the\nperson while being detained under the order.\n\nTerrorism (Emergency Powers) Act 2003 58\n(3) Subject to this section, a police officer may only take identification\nmaterial (other than hand prints, fingerprints, footprints or toe prints)\nfrom a person who:\n(b) is incapable of managing his or her affairs,\nif a Local Court Judge orders that the material be taken.\n(4) The taking of identification material from a person who:\n(b) is incapable of managing his or her affairs,\nmust be done in the presence of:\n(c) a parent or guardian of the person; or\n(d) if a parent or guardian is not acceptable to the person –\nanother appropriate person.\n(5) Despite this section, identification material may be taken from a\nperson who is under 18 years of age and is capable of managing\nhis or her affairs if:\n(a) subsections (6) and (7) are satisfied; or\n(b) subsection (6) or (7) is satisfied (but not both) and a Local\nCourt Judge orders that the material be taken.\n(6) For subsection (5), this subsection is satisfied if the person agrees\nin writing to the taking of the material.\n(7) For subsection (5), this subsection is satisfied if either:\n(a) a parent or guardian of the person; or\n(b) if a parent or guardian is not acceptable to the person –\nanother appropriate person,\nagrees in writing to the taking of the material.\n(8) Despite this section, identification material may be taken from a\nperson who:\n(a) is at least 18 years of age; and\n(b) is capable of managing his or her affairs,\n\nTerrorism (Emergency Powers) Act 2003 59\nif the person consents in writing.\n(9) In this section:\nappropriate person, in relation to another person (the subject)\nwho is under 18 years of age, or incapable of managing his or her\naffairs, means a person who:\n(a) is capable of representing the subject's interests; and\n(b) as far as is practicable in the circumstances, is acceptable to\nthe subject and the police officer who is detaining the subject;\nand\n(c) is none of the following:\n(i) a police officer;\n(ii) an AFP member or AFP employee within the meaning of\nthe Australian Federal Police Act 1979 (Cth);\n(iii) a member (however described) of a police force of\nanother State or Territory;\n(iv) an officer or employee of the Australian Security\nIntelligence Organisation.\n21ZR Use of identification material\n(1) This section applies if identification material is taken under\nsection 21ZQ from a person being detained under a preventative\ndetention order.\n(2) The material may be used only for the purpose of determining\nwhether the person is the person specified in the order.\n(3) A person who uses identification material in contravention of\nsubsection (2) is guilty of an offence.\n(4) If:\n(a) a period of 12 months elapses after the identification material\nis taken; and\n(b) a proceeding has not been brought, or has been brought and\ndiscontinued or completed, within the period in relation to:\n(i) the preventative detention order; or\n\nTerrorism (Emergency Powers) Act 2003 60\n(ii) the treatment of the person in relation to the person's\ndetention under the order,\nthe material must be destroyed as soon as practicable after the end\nof the period.\n21ZS Annual reports to be given to Police Minister\n(1) The Commissioner must report annually on the exercise of powers\nunder this Part by police officers.\n(2) The report must be given, within 4 months after each 30 June, to\nthe Police Minister.\n(3) Without limiting subsection (1), the report must include the following\nmatters relating to the year ending on 30 June:\n(a) the number of preventative detention orders made during the\nyear and the number of applications for orders made during\nthe year;\n(b) the number of applications for preventative detention orders in\nrelation to adults and the number in relation to persons under\n18 years of age;\n(c) the duration of each order made;\n(d) a statement as to whether each order was made to prevent a\nterrorist act or to preserve evidence;\n(e) a statement as to whether a person was taken into custody\nunder each order and, if so, the period for which the person\nwas detained;\n(f) a statement as to whether the person detained under an order\nwas principally detained in a custodial correctional facility,\nyouth detention centre, police facility or other place;\n(g) the number of prohibited contact orders made during the year\nand the number of applications for such orders, the duration of\neach order and the number made in relation to adults and the\nnumber made in relation to persons under 18 years of age;\n(h) the number of applications for revocation or variation of an\norder and the number of revocations and variations granted;\n\nTerrorism (Emergency Powers) Act 2003 61\n(i) particulars of any complaints in relation to the detention of a\nperson under a preventative detention order made or referred\nduring the year to the Ombudsman and the outcome of\ncomplaints made;\n(j) a statement confirming the destruction of identification\nmaterial required to be destroyed under section 21ZR(4).\n(3) The report may be combined with any other annual report of the\nPolice Force of the Territory.\n(4) The Police Minister must table a copy of the report in the Legislative\nAssembly within 7 sitting days after receiving it.\n21ZT Law relating to client legal privilege not affected\nTo avoid doubt, this Part does not affect the law relating to client\nlegal privilege.\n21ZU Legal proceedings for remedy in relation to orders\n(1) This Part does not limit legal proceedings that may be brought in a\ncourt for a remedy in relation to:\n(a) a preventative detention order; or\n(b) a prohibited contact order; or\n(c) the treatment of a person in relation to the person's detention\nunder a preventative detention order.\n(2) If a person applies to a court for a remedy in relation to:\n(a) the application for, or the making of, a preventative detention\norder or a prohibited contact order or the person's treatment in\nconnection with the person's detention under a preventative\ndetention order; and\n(b) the person applies to the court for an order under this\nsubsection,\nthe court may order the Commissioner to give the court, and the\nparties to the proceeding, the information that was put before the\neligible Judge when the application for the order was made.\n(3) Subsection (2) does not require information to be given to the court,\nor the parties to the proceeding, if the disclosure of the information\nis likely to prejudice national security.\n\nTerrorism (Emergency Powers) Act 2003 62\n21ZV Sunset provision\n(1) A preventative detention order, or prohibited contact order, that is in\nforce at the end of 30 June 2026 ceases to be in force at that time.\n(2) A preventative detention order, and prohibited contact order, cannot\nbe applied for, or made, after 30 June 2026.\n","sortOrder":67},{"sectionNumber":"22","sectionType":"section","heading":"Vehicles may be required to be moved or prevented from","content":"22 Vehicles may be required to be moved or prevented from\nentering area\n(1) A police officer may direct the driver of a vehicle to stop the vehicle\nand to take the vehicle out of an area or not to take the vehicle into\nan area, if the police officer suspects on reasonable grounds that:\npublic safety that the vehicle leave the area or not enter the\narea.\n(2) A police officer may arrange for a vehicle to be taken out of an area\nif the police officer suspects on reasonable grounds that:\npublic safety that the vehicle leave the area.\n(3) A police officer who arranges for a vehicle to be taken out of an\narea must, as soon as reasonably practicable, take all reasonable\nmeasures to inform the driver or the owner of the vehicle of the\nplace to which the vehicle has been taken.\n","sortOrder":68},{"sectionNumber":"22A","sectionType":"section","heading":"Movement into and out of area may be restricted","content":"22A Movement into and out of area may be restricted\n(1) A police officer may restrict movement into or out of an area if the\npolice officer suspects on reasonable grounds that:\npublic safety that a person not enter or leave the area.\n\nTerrorism (Emergency Powers) Act 2003 63\n(2) Movement into and out of an area is restricted under subsection (1)\nif the area is cordoned off by a tape or other barrier that:\n(a) clearly indicates that a person is not permitted to enter or to\nexit the area; and\n(b) that extends across all usual entry points to, or exit points\nfrom, the area.\n(3) However, if the use of a tape or barrier is not practical, the police\nofficer may restrict movement into or out of the area by:\n(a) specifying the area to be restricted by coordinates or other\ndescription; and\n(b) taking all reasonable steps to notify members of the public\nwithin the area and its vicinity that movement into or out of the\narea is restricted.\n(4) A person must not, without reasonable excuse, enter or leave the\narea unless directed to do so by a police officer.\n(5) A person must not, without reasonable excuse, tamper with or\nremove a tape or other barrier used to cordon off an area under\nsubsection (2).\n","sortOrder":69},{"sectionNumber":"23","sectionType":"section","heading":"Person may be directed to leave, remain in or not enter area","content":"23 Person may be directed to leave, remain in or not enter area\n(1) A police officer may direct a person to leave an area, or not to enter\nan area, if the police officer suspects on reasonable grounds that:\npublic safety that the person leave the area or not enter the\narea.\n(2) A police officer may direct a person to remain in an area if the\npolice officer suspects on reasonable grounds that:\npublic safety that the person remain in the area.\n\nTerrorism (Emergency Powers) Act 2003 64\n","sortOrder":70},{"sectionNumber":"24","sectionType":"section","heading":"Police officer may direct person to submit to decontamination","content":"24 Police officer may direct person to submit to decontamination\nand quarantine for up to 48 hours\nA police officer may, without a warrant, direct a person:\n(a) to remain at a place for a period of not more than 48 hours\nand submit to a decontamination procedure at the place;\n(b) to remain at a place for a period of not more than 48 hours so\nas to prevent the spread of a contaminant;\n(c) to go to a place, remain at the place for a period of not more\nthan 48 hours and submit to a decontamination procedure at\nthe place; or\n(d) to go to a place and remain at the place for a period of not\nmore than 48 hours so as to prevent the spread of a\ncontaminant,\nif the police officer suspects on reasonable grounds that:\n(e) a terrorist act has occurred; and\n(f) the exercise of the power is necessary or desirable in the\ninterests of public health or public safety, because the person\nmay have come into contact with a contaminant used in, or\nreleased as a consequence of, the terrorist act.\n","sortOrder":71},{"sectionNumber":"25","sectionType":"section","heading":"Chief Health Officer may direct person to submit to","content":"25 Chief Health Officer may direct person to submit to\ndecontamination and quarantine for more than 48 hours\nThe Chief Health Officer may, without a warrant, direct a person:\n(a) to remain at a place for a period and submit to a\ndecontamination procedure at the place;\n(b) to remain at a place for a period so as to prevent the spread of\na contaminant;\n(c) to go to a place, remain at the place for a period and submit to\na decontamination procedure at the place; or\n(d) to go to a place and remain at the place for a period so as to\nprevent the spread of a contaminant,\nif the Chief Health Officer suspects on reasonable grounds that:\n(e) a terrorist act has occurred; and\n\nTerrorism (Emergency Powers) Act 2003 65\n(f) the exercise of the power is necessary or desirable in the\ninterests of public health or public safety, because the person\nmay have come into contact with a contaminant used in, or\nreleased as a consequence of, the terrorist act.\n","sortOrder":72},{"sectionNumber":"26","sectionType":"section","heading":"Premises may be made safe","content":"26 Premises may be made safe\n(1) A police officer may, without a warrant, enter and search premises\nto determine whether reasonable measures may be required to be\ntaken to make the premises safe, if the police officer suspects on\nreasonable grounds that:\n(a) a terrorist act has occurred, or is imminent, on the premises or\nin the vicinity of the premises;\n(b) the terrorist act or imminent terrorist act has made, or may\nmake, the premises unsafe; and\n(c) it is necessary or desirable in the interests of public health or\npublic safety to determine whether reasonable measures are\nrequired to be taken to make the premises safe.\n(2) A police officer may, after entering premises under this Act, take\nreasonable measures to make the premises safe, or arrange for\nsuch measures to be taken, if the police officer suspects on\nreasonable grounds that:\n(a) a terrorist act has occurred, or is imminent, on the premises or\nin the vicinity of the premises;\n(b) the terrorist act has made, or may make, the premises unsafe;\nand\n(c) it is necessary or desirable in the interests of public health or\npublic safety to take reasonable measures to make the\npremises safe or to arrange for such measures to be taken.\n(3) The Commissioner may authorise the making of arrangements for\nthe decontamination of premises if he or she suspects on\nreasonable grounds that the premises have become contaminated\nas a consequence of a terrorist act or preparation for a terrorist act\nor imminent terrorist act.\nreasonable measures include but are not limited to the shutting\ndown of gas, water or electricity services to premises.\n\nTerrorism (Emergency Powers) Act 2003 66\n","sortOrder":73},{"sectionNumber":"27","sectionType":"section","heading":"Decontamination etc. of things","content":"27 Decontamination etc. of things\n(1) A police officer may detain and make arrangements for the\ndisposal, destruction or decontamination of a thing seized in\nconnection with a search under this Act, if he or she suspects on\nreasonable grounds that the thing:\n(a) is a risk to public health or public safety, including because it\nhas become contaminated as a consequence of a terrorist act\nor preparation for a terrorist act or an imminent terrorist act; or\n(b) may significantly increase the risk to public health or public\nsafety as a consequence of a terrorist act that has occurred or\nmay significantly increase the risk to public health or public\nsafety if an imminent terrorist act occurs.\n(2) A power given by this section to detain a thing includes:\n(a) a power to remove a thing from the place where it is found;\nand\n(b) a power to guard the thing in or on the place where it is found.\n","sortOrder":74},{"sectionNumber":"27A","sectionType":"section","heading":"Interpretation","content":"27A Interpretation\n(1) In this Part, unless the contrary intention appears:\nadjoining place means a place that adjoins or provides access to a\nsubject place.\nauthorised police officer means a police officer:\n(a) mentioned in section 27B(1); or\n(b) authorised under section 27B(2).\nplace means premises or a vehicle.\nspecial warrant means a warrant mentioned in section 27F.\nsubject place, for a warrant or application for a warrant, means the\nplace the subject of the warrant or application.\n\nTerrorism (Emergency Powers) Act 2003 67\n(2) In this Part, a reference to the search of a place includes a\nreference to the search for information that may be derived from, or\nanything in, on or attached to the place.\nDivision 2 Authorisations to apply for covert search warrants\n","sortOrder":75},{"sectionNumber":"27B","sectionType":"section","heading":"Who may apply for covert search warrant","content":"27B Who may apply for covert search warrant\n(1) A police officer with the rank of or above Assistant Commissioner is\nauthorised to apply for a covert search warrant for a place.\n(2) A police officer mentioned in subsection (1) may authorise another\npolice officer to apply for a covert search warrant for a place.\n","sortOrder":76},{"sectionNumber":"27C","sectionType":"section","heading":"Form of authorisation","content":"27C Form of authorisation\n(1) An authorisation given under section 27B(2) must be in writing.\n(2) However, if it is not practicable to issue the authorisation in writing\nbecause of an urgent need, the authorisation may be given orally.\n(3) An authorisation given orally must be put in writing as soon as\npracticable after it is given.\n","sortOrder":77},{"sectionNumber":"Div 3","sectionType":"division","heading":"Applications for, and issue of, covert search","content":"Division 3 Applications for, and issue of, covert search\n","sortOrder":78},{"sectionNumber":"27D","sectionType":"section","heading":"Power to apply for covert search warrant","content":"27D Power to apply for covert search warrant\nAn authorised police officer may apply to a Supreme Court Judge\nfor a warrant (a covert search warrant) to enter and search a\nplace if the officer suspects or believes on reasonable grounds:\n(a) a terrorist act has been, is being, or is likely to be, committed;\nand\n(b) the entry to and search of the place will substantially assist in\nresponding to or preventing the terrorist act; and\n(c) it is necessary for the entry and search of the place to be\nconducted without the knowledge of any occupier of the place.\n","sortOrder":79},{"sectionNumber":"27E","sectionType":"section","heading":"Application for warrant in person","content":"27E Application for warrant in person\n(1) An application for a covert search warrant must be made:\n(a) by the authorised police officer in person; and\n(b) by affidavit.\n\nTerrorism (Emergency Powers) Act 2003 68\n(2) A Supreme Court Judge must not issue a covert search warrant\nunless the information given by the applicant in relation to the\napplication is verified before the Supreme Court Judge on oath or\nby affidavit.\n(3) This section does not apply to a special warrant.\n","sortOrder":80},{"sectionNumber":"27F","sectionType":"section","heading":"Special warrant","content":"27F Special warrant\n(1) An authorised police officer may apply by telephone, fax, email or\nother electronic communication for a covert search warrant.\n(2) A Supreme Court Judge must not issue a covert search warrant on\nan application under this section unless the Supreme Court Judge\nis satisfied the warrant is required urgently and it is not practicable\nfor the application to be made in person.\n(3) An application must be made by fax if the facilities to do so are\nreadily available for that purpose.\n(4) If it is not practicable for an application for a covert search warrant\nunder this section to be made directly to a Supreme Court Judge,\nthe application may be sent to the Supreme Court Judge by another\npolice officer on behalf of the applicant.\n(5) A Supreme Court Judge who issues a covert search warrant on an\napplication under this section must:\n(a) complete and sign the warrant; and\n(b) give the warrant to the police officer who made the application\nor inform the officer of the terms of the warrant and of the date\nwhen it was signed.\n(6) If a covert search warrant is issued on an application made by\ntelephone and the applicant was not given the warrant, the\napplicant must:\n(a) complete a form of warrant in the terms indicated by the Judge\nunder subsection (5); and\n(b) write on it the name of the Judge and the date when the\nwarrant was signed; and\n(c) give the warrant to the Judge within 2 business days after the\nissue of the warrant.\n(7) A form of covert search warrant so completed is taken to be a\nwarrant issued under this Division.\n\nTerrorism (Emergency Powers) Act 2003 69\n(8) A covert search warrant must be given by a Supreme Court Judge\nby fax if the facilities to do so are readily available, and the copy\nproduced is taken to be the original warrant.\n","sortOrder":81},{"sectionNumber":"27G","sectionType":"section","heading":"Information in application for warrant","content":"27G Information in application for warrant\n(1) A Supreme Court Judge must not issue a covert search warrant\nunless the application for the warrant includes the following\ninformation:\n(a) the full name, rank and registered number of the applicant;\n(b) the address or other description of the subject place;\n(c) particulars of the grounds on which the application is based;\n(d) the name of the following persons:\ncommission of the terrorist act for which the application\nis made;\n(ii) if no such person is an occupier of the subject place –\nany occupier (if known) of the place;\n(e) if it is proposed that an adjoining place be entered for the\npurposes of entering the subject place – the address or other\ndescription of the adjoining place and particulars of the\ngrounds on which entry to the adjoining place is required;\n(f) the powers proposed to be exercised on entry to the subject\nplace;\n(g) a description of the kinds of things proposed to be searched\nfor, seized, placed in substitution for a seized thing, copied,\nphotographed, recorded, operated, printed or tested;\n(h) if power is sought to remove anything from the subject place\nand replace it with a substitute:\n(i) a description of the thing; and\n(ii) the reasons why the power is needed;\n(i) if power is sought to re-enter the subject place to return\nanything removed from, or to retrieve anything substituted in,\nthe place when first entered under the warrant:\n(i) a description of the thing; and\n(ii) the reasons why the power is needed;\n\nTerrorism (Emergency Powers) Act 2003 70\n(j) if a previous application for the same warrant was refused –\ndetails of the refusal and any additional information provided\nas required by section 27K;\n(k) details of any covert search warrant that has previously been\nissued for the subject place;\n(l) any other information required by regulation.\n(2) The applicant must give (either orally or in writing) the further\ninformation the Judge requires concerning the grounds on which\nthe warrant is being sought.\n","sortOrder":82},{"sectionNumber":"27H","sectionType":"section","heading":"Determining application for covert search warrant","content":"27H Determining application for covert search warrant\n(1) A Supreme Court Judge to whom an application for a covert search\nwarrant is made may, if satisfied there are reasonable grounds for\ndoing so, issue a covert search warrant.\n(2) A Supreme Court Judge, when determining whether there are\nreasonable grounds to issue a covert search warrant, must\nconsider (but is not limited to considering) the following matters:\n(a) the reliability of the information on which the application is\nbased, including the nature of the source of the information;\n(b) whether there is a connection between the terrorist act for\nwhich the application has been made and the kinds of things\nthat are proposed to be searched for, seized, placed in\nsubstitution for a seized thing, copied, photographed,\nrecorded, operated, printed or tested;\n(c) the nature and gravity of the terrorist act;\n(d) the extent to which the exercise of powers under the warrant\nwould assist in the prevention of, or response to, the terrorist\nact;\n(e) alternative means of obtaining the information sought to be\nobtained;\n(f) the extent to which the privacy of a person who is not believed\nto be knowingly concerned in the commission of the terrorist\nact is likely to be affected if the warrant is issued;\n(g) if it is proposed that an adjoining place be entered for the\npurposes of entering the subject place, whether it is\nreasonably necessary to:\n(i) enable access to the subject place; or\n\nTerrorism (Emergency Powers) Act 2003 71\n(ii) avoid compromising the investigation of the terrorist act;\n(h) whether any conditions should be imposed by the Judge in\nrelation to the execution of the warrant.\n","sortOrder":83},{"sectionNumber":"27J","sectionType":"section","heading":"Record of determination by Supreme Court Judge","content":"27J Record of determination by Supreme Court Judge\n(1) A Supreme Court Judge who determines an application for a covert\nsearch warrant must record all relevant particulars of the grounds\nthe Supreme Court Judge has relied on to justify the issue of the\nwarrant or refusal to issue the warrant.\n(2) A regulation may provide for any of the following:\n(a) the keeping of records relating to the issue and execution of\ncovert search warrants;\n(b) the inspection of the records;\n(c) any other matter relating to the records.\n(3) Any matter that might disclose the name or residential address of a\nperson must not be recorded under this section if the Judge is\nsatisfied to do so might jeopardise the safety of any person.\n","sortOrder":84},{"sectionNumber":"27K","sectionType":"section","heading":"Further application for warrant after refusal","content":"27K Further application for warrant after refusal\nIf an application by a police officer for a covert search warrant is\nrefused by a Supreme Court Judge, the officer (or any other police\nofficer who is aware of the application) may not make a further\napplication for the same warrant to that or any other Supreme Court\nJudge unless the further application provides additional information\nthat justifies the making of the further application.\n","sortOrder":85},{"sectionNumber":"27L","sectionType":"section","heading":"Contents of covert search warrant","content":"27L Contents of covert search warrant\nA covert search warrant must state the following matters:\n(a) the full name, rank and registered number of the applicant;\n(b) the address or other description of the subject place;\n(c) the name of the following persons:\ncommission of the terrorist act for which the warrant is\nissued;\n(ii) if no such person is an occupier of the subject place –\nany occupier (if known) of that place;\n\nTerrorism (Emergency Powers) Act 2003 72\n(d) a description of the kinds of things that may be searched for,\nseized, placed in substitution for a seized thing, copied,\nphotographed, recorded, operated, printed or tested;\n(e) if the warrant authorises the re-entry of the subject place to\nreturn anything removed from, or to retrieve anything\nsubstituted in, the place when it is first entered under the\nwarrant – a description of the thing;\n(f) the date and time the warrant is issued;\n(g) the date the warrant expires (being a date not more than\n30 days after the date the warrant is issued);\n(h) any conditions imposed in relation to the execution of the\nwarrant;\n(i) any other matter required by regulation.\nDivision 4 Execution of covert search warrants and\nprovisions applying after warrants executed\n","sortOrder":86},{"sectionNumber":"27M","sectionType":"section","heading":"Interpretation","content":"27M Interpretation\n(1) In this Division:\nserious indictable offence means an indictable offence\npunishable by imprisonment for life or for a term of 5 years or more\n(2) A reference in this Division to a relevant thing (including electronic\nequipment and information) found by a police officer is a reference\nto a thing the officer has reasonable grounds to suspect or believe\nwill substantially assist in responding to or preventing a terrorist act.\n(3) For this Division, a thing is connected with a serious indictable\noffence only if it is:\n(a) a thing with respect to which there are reasonable grounds for\nsuspecting or believing the offence has been, is being, or will\nbe committed; or\n(b) a thing that there are reasonable grounds for suspecting or\nbelieving will provide evidence of the commission or intended\ncommission of the offence; or\n\nTerrorism (Emergency Powers) Act 2003 73\n(c) a thing that there are reasonable grounds for suspecting or\nbelieving has been, is being, or is intended to be used, in\nrelation to the offence.\n","sortOrder":87},{"sectionNumber":"27N","sectionType":"section","heading":"Powers automatically conferred by covert search warrant","content":"27N Powers automatically conferred by covert search warrant\nA covert search warrant authorises the police officer named in the\nwarrant:\n(a) to enter, without any occupier's knowledge, the subject place;\nand\n(b) to impersonate another person for the purposes of executing\nthe warrant; and\n(c) to use the force that is reasonably necessary for the purposes\nof entering and searching the subject place; and\n(d) to search the subject place for any kind of thing or class of\nthing described in the warrant; and\n(e) to break open any receptacle in or on the subject place for the\npurposes of that search if it is reasonably necessary to do so;\nand\n(f) to seize and detain any other thing found in the course of\nexecuting the warrant and that is connected with a serious\nindictable offence.\n","sortOrder":88},{"sectionNumber":"27P","sectionType":"section","heading":"Powers expressly conferred by covert search warrant","content":"27P Powers expressly conferred by covert search warrant\nIn addition to the powers mentioned in section 27N, if it expressly\nso authorises, a covert search warrant authorises the police officer\nnamed in the warrant:\n(a) to enter an adjoining place specified in the warrant, using the\nforce that is reasonably necessary, for the purposes of\nentering the subject place; and\n(b) to seize and detain a thing of a kind described in the warrant\nand any relevant thing found in the course of executing the\nwarrant; and\n(c) to place a thing of a kind described in the warrant on the\nsubject place in substitution for a thing seized under\nparagraph (b); and\n\nTerrorism (Emergency Powers) Act 2003 74\n(d) to copy, photograph or otherwise record a thing of a kind\ndescribed in the warrant and any relevant thing found in the\n(e) to operate any electronic equipment of a kind described in the\nwarrant and any relevant electronic equipment found in the\n(f) to print, copy or otherwise record from the equipment\ninformation of a kind described in the warrant to be printed,\ncopied or recorded and any relevant information found in the\n(g) to test a thing of that kind and any relevant thing found in the\ncourse of executing the warrant.\n","sortOrder":89},{"sectionNumber":"27Q","sectionType":"section","heading":"Power of re-entry","content":"27Q Power of re-entry\n(1) If it expressly so authorises, a covert search warrant authorises the\npolice officer to re-enter the place to return anything removed from,\nor to retrieve anything substituted in, the place when it was first\nentered under the warrant.\n(2) If a covert search warrant authorises the re-entry of the subject\nplace under subsection (1):\n(a) the place may be re-entered only for the purpose of returning\na thing removed from, or to retrieve a thing substituted in, the\nplace when it was first entered under the warrant; and\n(b) the re-entry must occur within:\n(i) 7 days after the date on which the place was first\nentered; or\n(ii) a longer period authorised by a Supreme Court Judge\nbefore the end of the 7 days; and\n(c) for the purpose of re-entering the place and returning or\nretrieving the thing, the police officer may exercise any of the\npowers under section 27N, and any of the powers under\nsection 27P expressly authorised by the warrant, that are\nreasonably necessary; and\n(d) despite section 27T, the warrant continues in effect subject to\nthis subsection.\n\n","sortOrder":90},{"sectionNumber":"Subdiv 3","sectionType":"subdivision","heading":"Execution and currency of covert search warrant","content":"Subdivision 3 Execution and currency of covert search warrant\nTerrorism (Emergency Powers) Act 2003 75\n","sortOrder":91},{"sectionNumber":"27R","sectionType":"section","heading":"Power to stop, detain and search etc.","content":"27R Power to stop, detain and search etc.\n(1) If a police officer reasonably believes it is necessary to do so to\nprotect the safety of any person, including the officer, who is in or\nnear the suspect place when a covert search warrant is being\nexecuted, the warrant authorises the officer to exercise the\nfollowing powers:\n(a) to stop and detain a person who is in the place;\n(b) to search the person;\n(c) to order the person to leave the place or its vicinity;\n(d) to order a person not to enter a place or its vicinity;\n(e) to seize and retain any weapon or other thing in the place that\ncould endanger a person.\n(2) For section 112(1) of the Criminal Code, a person detained under\nsubsection (1)(a) is in the lawful custody of the officer while so\nSubdivision 3 Execution and currency of covert search warrant\n","sortOrder":92},{"sectionNumber":"27S","sectionType":"section","heading":"Use of assistants to execute warrant","content":"27S Use of assistants to execute warrant\nA police officer who is authorised under Subdivision 2 to execute a\ncovert search warrant may do so with the assistants the officer\nconsiders necessary.\n","sortOrder":93},{"sectionNumber":"27T","sectionType":"section","heading":"Expiry of covert search warrant","content":"27T Expiry of covert search warrant\nA covert search warrant ceases to have effect on the earlier of the\nfollowing:\n(a) the expiry date stated in the warrant;\n(b) if it is withdrawn by the Supreme Court Judge who issued it –\nwhen it is withdrawn;\n(c) when it is executed.\n\nTerrorism (Emergency Powers) Act 2003 76\n","sortOrder":94},{"sectionNumber":"27U","sectionType":"section","heading":"Report to Supreme Court Judge on execution of warrant","content":"27U Report to Supreme Court Judge on execution of warrant\n(1) The authorised police officer named in a covert search warrant\nmust give to the Supreme Court Judge who issued the warrant a\nwritten report that includes the following information:\n(a) the address or other description of the subject place;\n(b) whether or not the warrant was executed;\n(c) the other particulars prescribed by regulation.\n(2) If a covert search warrant was executed, the report must also\ninclude the following information:\n(a) the date on which the warrant was executed;\n(b) the name of the officer who executed the warrant;\n(c) the name of any person who assisted in the execution of the\nwarrant and the nature of the assistance provided;\n(d) the name of:\ncommission of the terrorist act for which the warrant was\nexecuted; and\n(ii) if no such person is an occupier of the place – any\noccupier (if known) of the place at which the warrant was\nexecuted;\n(e) the powers that were exercised under the warrant;\n(f) the result, set out briefly, of the execution of the warrant\n(including a brief description of anything seized, placed in\nsubstitution for a seized thing, copied, photographed,\nrecorded, operated, printed or tested);\n(g) if:\n(i) under section 27P the covert search warrant expressly\nauthorises the copying, photographing, recording,\noperation, printing or testing of a thing of a kind\ndescribed in the warrant; and\n\nTerrorism (Emergency Powers) Act 2003 77\n(ii) a thing was copied, photographed, recorded, operated,\nprinted or tested in the course of executing the warrant;\nand\n(iii) the thing was not of a kind expressly authorised by the\nwarrant to be copied, photographed, recorded, operated,\nprinted or tested,\nthe particulars of the grounds on which the thing was believed\nto be a relevant thing or connected with a serious indictable\noffence;\n(h) a description of anything tested or seized for the purposes of\ntesting and the type of information obtained (or proposed to be\nobtained) by testing;\n(i) whether or not the execution of the warrant assisted in the\nprevention of, or response to, the terrorist act for which the\nwarrant was executed and, if so, how it assisted;\n(j) whether or not the execution of the warrant assisted in the\nprevention of, or response to, any other terrorist act or any\nserious indictable offence and, if so, how it assisted.\n(3) If a covert search warrant was not executed, the report must also\ninclude the reasons, set out briefly, why the warrant was not\nexecuted.\n(4) The report must be given to the Judge:\n(a) if a covert search warrant was executed – within 10 days after\nit was executed; or\n(b) otherwise – within 10 days after:\n(i) the expiry date specified in the warrant; or\n(ii) the date the warrant was withdrawn by the Judge.\n(5) If the place is re-entered for the purposes of returning or retrieving a\nthing under section 27Q, a written report must also be given to the\nJudge who issued a covert search warrant stating:\n(a) the address or other description of the place; and\n(b) the date on which the place was re-entered; and\n(c) the name of any person who entered the place for the\npurposes of the return or retrieval; and\n\nTerrorism (Emergency Powers) Act 2003 78\n(d) a brief description of the thing; and\n(e) if the thing was not returned or retrieved – the reasons why\nthe thing was not returned or retrieved; and\n(f) the other particulars prescribed by regulation.\n(6) The report must be given to the Judge within 10 days after the\nre-entry to the place for the purposes of retrieving or returning the\nthing under section 27Q.\n","sortOrder":95},{"sectionNumber":"27V","sectionType":"section","heading":"Defects in covert search warrants","content":"27V Defects in covert search warrants\nA covert search warrant is not invalidated by any defect, other than\na defect that affects the substance of the warrant in a material\nparticular.\n","sortOrder":96},{"sectionNumber":"27W","sectionType":"section","heading":"Matters to be dealt with in absence of public","content":"27W Matters to be dealt with in absence of public\nAn application under this Part and any other matter arising under\nthis Part that is dealt with by a Supreme Court Judge must be dealt\nwith in the absence of the public.\n","sortOrder":97},{"sectionNumber":"27X","sectionType":"section","heading":"False or misleading information in applications or reports","content":"27X False or misleading information in applications or reports\n(1) A police officer must not, in relation to an application for a covert\nsearch warrant or a report, give information to a Supreme Court\nJudge the officer knows is false or misleading in a material\nparticular.\n2 years.\n(2) This section applies to an application for a special warrant as well\nas an application for a covert search warrant made in person.\n(3) This section applies whether or not the information given is also\nverified on oath or by affidavit.\n","sortOrder":98},{"sectionNumber":"27Y","sectionType":"section","heading":"No publication or disclosure of information about covert","content":"27Y No publication or disclosure of information about covert\nsearch warrants\n(1) A person must not publish any confidential information in relation to\na covert search warrant except in accordance with the approval of\nthe Supreme Court.\n\nTerrorism (Emergency Powers) Act 2003 79\n(2) If, in any legal proceeding an issue arises relating to the disclosure\nof confidential information and apart from this section a person\nwould be entitled to require another person to disclose the\ninformation, the court may excuse the person from the requirement\nto disclose if satisfied:\n(a) disclosure would prejudice the prevention, investigation or\nprosecution of a terrorist act or suspected terrorist act; and\n(b) the public interest in preserving secrecy or confidentiality\noutweighs the public interest in disclosure.\nconfidential information, in relation to a covert search warrant,\nmeans any information about or derived from:\n(a) an application for the warrant or proceeding on the application;\nor\n(b) a report given under section 27U.\ndisclose, includes disclosure, whether by order, subpoena or\notherwise, by the:\n(a) inspection, production or discovery of documents; and\n(b) giving of evidence; and\n(c) answering of interrogatories; and\n(d) provision of particulars.\n","sortOrder":99},{"sectionNumber":"27Z","sectionType":"section","heading":"Annual reports to be given to Police Minister","content":"27Z Annual reports to be given to Police Minister\n(1) The Commissioner must report annually on the exercise of powers\nunder this Part by police officers.\n(2) The report must be given, within 4 months after each 30 June, to\nthe Police Minister.\n(3) Without limiting subsection (1), the report must include the following\nmatters relating to the year ending on 30 June:\n(a) the number of applications for covert search warrants made\nunder this Part and the number of those applications granted;\n(b) the number of applications for special warrants and the\nnumber of those applications granted;\n(c) the number of covert search warrants executed;\n\nTerrorism (Emergency Powers) Act 2003 80\n(d) the number of covert search warrants under which any things\nwere seized;\n(e) the number of covert search warrants under which any things\nwere placed in substitution for seized things;\n(f) the number of covert search warrants under which any things\nwere returned or retrieved;\n(g) the number of covert search warrants under which any things\nwere copied, photographed or otherwise recorded;\n(h) the number of covert search warrants under which any\nelectronic equipment was operated by police officers;\n(i) the number of covert search warrants under which anything\nwas tested;\n(j) the number of arrests made in relation to a terrorist act for\nwhich a covert search warrant was executed and the number\nof those arrests that have led to the laying of charges in\nrelation to the terrorist act;\n(k) the number of complaints made under any Act about conduct\nrelating to the execution of a covert search warrant by a police\nofficer and the number of those complaints that are, or have\nbeen, the subject of an investigation under any Act;\n(l) other matters requested by the Attorney-General or Police\nMinister.\n(4) The report may be combined with any other annual report of the\nPolice Force of the Territory.\n(5) The Police Minister must table a copy of the report in the Legislative\nAssembly within 7 sitting days after receiving it.\n","sortOrder":100},{"sectionNumber":"28","sectionType":"section","heading":"Use of force","content":"28 Use of force\n(1) Subject to this section, it is lawful for a police officer exercising a\npower under this Act in relation to a person, premises, vehicle or\nthing, and for a person assisting a police officer in the exercise of\nsuch a power, to use the force that is reasonably necessary to\nexercise the power.\n\nTerrorism (Emergency Powers) Act 2003 81\n(2) It is lawful for a police officer, and a person assisting a police\nofficer, to use the force that is reasonably necessary to ensure that\na person ceases to contravene or to fail to comply with a direction\ngiven under this Act.\n(3) It is lawful for a police officer, and a person assisting a police\nofficer, to use the force that is reasonably necessary to ensure that:\n(a) a person leaves an area or place that the person is required to\nleave or not to enter under section 22 or 30; or\n(b) a person ceases to tamper with, or to remove, a tape or other\nbarrier in contravention of section 22 or 30.\n(4) In exercising a power under this Act a police officer, and a person\nassisting the officer in the exercise of the power, may only cause\ndamage to a thing or premises if it is reasonably necessary to do so\nto enable the effective exercise of the power.\n","sortOrder":101},{"sectionNumber":"29","sectionType":"section","heading":"Power to seize and detain things etc.","content":"29 Power to seize and detain things etc.\n(1) A police officer may seize and detain all or part of a thing, found in\nconnection with a search under this Act, that the police officer\nsuspects on reasonable grounds:\n(a) may have been used, or is or was reasonably likely to be, or to\nhave been intended to be, used to commit a terrorist act;\n(b) may provide evidence of the commission of an indictable\noffence (whether or not related to a terrorist act); or\n(c) may significantly increase the risk to public health or public\nsafety as a consequence of a terrorist act or may significantly\nincrease the risk to public health or public safety if an\nimminent terrorist act occurs.\n(2) A power given by this section to seize and detain a thing includes:\n(a) a power to remove the thing from the place where it is found;\nand\n(b) a power to guard the thing at the place where it is found.\n","sortOrder":102},{"sectionNumber":"30","sectionType":"section","heading":"Securing of crime scene","content":"30 Securing of crime scene\n(1) A police officer may direct a person to leave a place, or not to enter\na place, if the police officer suspects on reasonable grounds that\nthe place may contain evidence of a terrorist act or an imminent\nterrorist act.\n\nTerrorism (Emergency Powers) Act 2003 82\n(2) A police officer may direct a person not to interfere with or remove a\nthing from a place, if the police officer suspects on reasonable\ngrounds that the thing may provide evidence of a terrorist act or an\nimminent terrorist act.\n(3) A police officer may cordon off a place that the officer suspects on\nreasonable grounds may contain evidence of a terrorist act or an\nimminent terrorist act.\n(4) A place is cordoned off under subsection (3) if a tape, or other\nbarrier, that is marked \"CRIME SCENE – NO ENTRY\" or that\notherwise clearly indicates that a person is not permitted to enter\nthe place, extends around the place or across all usual entry points\nto, or exit points from, the place.\n(5) A person must not, without reasonable excuse, enter a place that is\ncordoned off under subsection (3).\n(6) A person must not, without reasonable excuse, tamper with or\nremove a tape or other barrier used to cordon off a place under\nsubsection (3).\n","sortOrder":103},{"sectionNumber":"31","sectionType":"section","heading":"Compulsory reporting of thefts and unusual sales of potential","content":"31 Compulsory reporting of thefts and unusual sales of potential\nterrorism hazards\n(1) The Commissioner, or a person authorised in writing by the\nCommissioner, may, by notice in writing to a supplier of a potential\nterrorism hazard specified in the notice, require him or her to tell a\npolice officer about:\n(a) a theft of the potential terrorism hazard from the supplier,\nwhether the theft occurred before or after the notice is given;\nor\n(b) a sale, attempt to purchase, or inquiry about, the potential\nterrorism hazard, whether the sale, attempt or inquiry occurred\nbefore or after the notice is given.\n\nTerrorism (Emergency Powers) Act 2003 83\n(2) The Commissioner may, by notice published in a newspaper\ncirculating within the Territory, require a supplier of a potential\nterrorism hazard specified in the notice to tell a police officer about:\n(a) a theft of the potential terrorism hazard from the supplier,\nwhether the theft occurred before or after the notice is\npublished; or\n(b) a sale, attempt to purchase, or inquiry about, the potential\nterrorism hazard, whether the sale, attempt or inquiry occurred\nbefore or after the notice is published.\n(3) A person must not, without reasonable excuse, contravene or fail to\ncomply with a requirement of a notice given to him or her or\npublished under subsection (1) or (2).\npotential terrorism hazard means a substance or thing that may\nbe used in the commission of a terrorist act.\n","sortOrder":104},{"sectionNumber":"32","sectionType":"section","heading":"Recognition of other law enforcement officers","content":"32 Recognition of other law enforcement officers\n(1) The Commissioner may, in writing, appoint any of the following:\n(a) members of the Australian Federal Police;\n(b) members of the police force of a State or another Territory,\nto be recognised law enforcement officers for the purpose of this\nAct.\n(2) An appointment under subsection (1) may be made subject to\nconditions.\n(3) Subject to this Act, an appointment has effect for the period,\nspecified in the appointment, beginning at the time the appointment\nis made and ending at the time that is specified in the appointment\nas the time at which the appointment is to cease to have effect.\n(4) Subject to subsection (5), a period specified under subsection (3) in\nan appointment may not be longer than 14 days, beginning on the\nday on which the appointment is made.\n\nTerrorism (Emergency Powers) Act 2003 84\n(5) The Police Minister may, in writing, extend the period of an\nappointment under subsection (1) for an additional period of not\nmore than 14 days.\n(6) An appointment under subsection (1) may be extended under\nsubsection (5) as often as the Police Minister thinks fit.\n(7) The Commissioner or the Police Minister may, at any time, in\nwriting, revoke an appointment under subsection (1).\n(8) A person remains, for the period of his or her appointment under\nsubsection (1) as a recognised law enforcement officer, under the\ncommand and control of the police force of which he or she is a\nmember.\n","sortOrder":105},{"sectionNumber":"33","sectionType":"section","heading":"Recognised law enforcement officers to have police powers","content":"33 Recognised law enforcement officers to have police powers\nSubject to any limitations imposed by the conditions of his or her\nappointment under section 32, a recognised law enforcement\nofficer has and may exercise all the powers and functions,\nimmunities, liabilities and responsibilities that a police officer of the\nrank of constable under the Police Administration Act 1978 has and\nmay exercise:\n(a) under this Act; and\n(b) in any matter arising under this Act – under any law of the\nTerritory (including the common law),\nincluding functions conferred after the commencement of this\n","sortOrder":106},{"sectionNumber":"34","sectionType":"section","heading":"Police officer may require assistance from members of public","content":"34 Police officer may require assistance from members of public\nA police officer may require a person to assist him or her:\n(a) in the exercise of a power or the performance of a function of\nthe police officer under this Act; or\n(b) in the exercise of a power of a police officer to arrest or detain\nunder an Act (including an Act of the Commonwealth) a\nperson who the police officer suspects on reasonable grounds\nhas committed, is committing or is intending to commit:\n(i) a terrorist act within the meaning of this Act; or\n(ii) a terrorist act, or an act of terrorism, within the meaning\nof that other Act.\n\nTerrorism (Emergency Powers) Act 2003 85\n","sortOrder":107},{"sectionNumber":"35","sectionType":"section","heading":"Protection of persons acting under this Act","content":"35 Protection of persons acting under this Act\n(1) This section applies to a person who is or has been:\n(a) the Chief Health Officer;\n(b) a police officer; or\n(c) a person assisting a police officer.\n(2) No civil or criminal proceedings lie against a person to whom this\nsection applies in relation to an act done, or an omission made, in\ngood faith in the exercise or purported exercise of a power or the\nperformance or purported performance of a function under this Act\nor the Regulations.\n(3) Subsection (2) does not affect any liability that the Territory would,\nbut for that subsection, have for an act or omission.\n(3A) Subsections (2) and (3) have effect subject to Part VIIA of the\nPolice Administration Act 1978 to the extent it relates to the civil\nliability of a person who is or has been a police officer.\n(4) The Territory is liable for the actions of a person assisting a police\nofficer, in relation to anything done, or omitted to be done, in good\nfaith by the person.\n(5) The Territory is not to be held liable merely because:\n(a) there was an irregularity or defect in the giving of an\nauthorisation; or\n(b) the person who gave an authorisation did not have jurisdiction\nto do so.\n","sortOrder":108},{"sectionNumber":"36","sectionType":"section","heading":"Offence of failing to comply with direction","content":"36 Offence of failing to comply with direction\nA person to whom a direction is given under this Act must not,\nwithout reasonable excuse, contravene or fail to comply with the\ndirection.\n\nTerrorism (Emergency Powers) Act 2003 86\n","sortOrder":109},{"sectionNumber":"37","sectionType":"section","heading":"Offence of obstructing or hindering exercise of powers","content":"37 Offence of obstructing or hindering exercise of powers\nA person must not, without reasonable excuse, obstruct or hinder a\npolice officer, or a person assisting a police officer, in the exercise\nof a power under this Act.\n","sortOrder":110},{"sectionNumber":"38","sectionType":"section","heading":"Offence of resisting or inciting resistance to exercise of","content":"38 Offence of resisting or inciting resistance to exercise of\npowers\nA person must not:\n(a) resist a police officer in the execution of the officer's duty\nunder this Act or resist a person assisting a police officer in\nthe execution of the officer's duty under this Act; or\n(b) aid, or incite, another person to resist a police officer in the\nexecution of the officer's duty under this Act or to resist a\nperson assisting a police officer in the execution of the\nofficer's duty under this Act.\n","sortOrder":111},{"sectionNumber":"39","sectionType":"section","heading":"Police officer to give details to certain persons","content":"39 Police officer to give details to certain persons\nA police officer must, before or at the time of exercising a power\nunder this Act, or as soon as is reasonably practicable after\nexercising the power, give the person subject to the exercise of the\npower the reason for the exercise of the power and, if requested by\nthe person, the following:\n(a) evidence that the police officer is a police officer (unless the\npolice officer is in uniform);\n(b) the police officer's name and place of duty.\n","sortOrder":112},{"sectionNumber":"40","sectionType":"section","heading":"Conditions of search of persons","content":"40 Conditions of search of persons\nThe Schedule applies to the search of a person carried out, or\nauthorised to be carried out, by a police officer under this Act.\n\nTerrorism (Emergency Powers) Act 2003 87\n","sortOrder":113},{"sectionNumber":"41","sectionType":"section","heading":"Return of seized things","content":"41 Return of seized things\n(1) A police officer who seizes a thing under this Act must return it to its\nowner, or to the person who had lawful possession of the thing\nwhen it was seized, if the officer is satisfied that:\n(a) the thing does not need to be retained as evidence;\n(b) it is lawful for the person to have possession of the thing;\n(c) the thing does not pose a risk to public health or public safety;\nand\n(d) the thing has not been destroyed under this Act.\n(2) A court may, on the application of a person, order that a thing that\nhas been seized under this Act and that has not been destroyed:\n(a) be delivered to the person who appears to be lawfully entitled\nto the thing; or\n(b) if the person who is lawfully entitled to the thing cannot be\ndetermined – be dealt with as the court thinks fit.\n","sortOrder":114},{"sectionNumber":"42","sectionType":"section","heading":"Acquisition","content":"42 Acquisition\nIf, but for this section, property is acquired under this Act otherwise\nthan on just terms:\n(a) the person from whom the property is acquired is entitled to\nreceive just compensation for the acquisition; and\n(b) a court of competent jurisdiction may determine the amount of\nthe compensation or make the orders necessary to ensure\nthat the compensation is on just terms.\n","sortOrder":115},{"sectionNumber":"43","sectionType":"section","heading":"Relationship with other Acts","content":"43 Relationship with other Acts\n(1) Other Acts do not limit any powers, or prevent a police officer from\nexercising any powers, that the police officer has under this Act.\n(2) This Act does not limit any powers, or prevent a police officer from\nexercising any powers, that the police officer has under another\nAct.\n\nTerrorism (Emergency Powers) Act 2003 88\n","sortOrder":116},{"sectionNumber":"44","sectionType":"section","heading":"Onus of proof","content":"44 Onus of proof\nThe onus of proof of reasonable excuse in proceedings for an\noffence against this Act or the Regulations lies on the person\naccused of the offence.\n","sortOrder":117},{"sectionNumber":"45","sectionType":"section","heading":"Authorisation may constitute reasonable grounds for","content":"45 Authorisation may constitute reasonable grounds for\nsuspicion\n(1) For the purposes of this Act, it is grounds for a police officer to have\na reasonable suspicion that:\n(a) a terrorist act has occurred if, at the time the suspicion is held,\nthere is in force an authorisation given on the grounds that a\nterrorist act has occurred; and\n(b) a terrorist act is likely to occur in the near future if, at the time\nthe suspicion is held, there is in force an authorisation given\non the grounds that a terrorist act is likely to occur in the\nfuture.\n(2) Subsection (1) does not limit the grounds on which a reasonable\nsuspicion may be held for the purposes of this Act.\n","sortOrder":118},{"sectionNumber":"46","sectionType":"section","heading":"Regulations","content":"46 Regulations\n(1) The Administrator may make regulations, not inconsistent with this\nAct, prescribing matters:\n(a) required or permitted by this Act to be prescribed; or\n(b) necessary or convenient to be prescribed for carrying out or\ngiving effect to this Act.\n(2) The Regulations may create offences punishable by a maximum\npenalty of not more than 100 penalty units.\n","sortOrder":119},{"sectionNumber":"47","sectionType":"section","heading":"Review of Act","content":"47 Review of Act\nThe Police Minister must, within 5 years after the commencement\nof the Terrorism (Emergency Powers) Amendment Act 2006:\n(a) review the operation of this Act; and\n(b) table a copy of the report of the review in the Legislative\nAssembly.\n\nTerrorism (Emergency Powers) Act 2003 89\nsection 40\n1. Definitions\nIn this Schedule:\nelectronic metal detection device means an electronic device\nthat is capable of detecting the presence of metallic objects.\nfrisk search means:\n(a) a search of a person conducted by quickly running the hands\nover the person's outer clothing or by passing an electronic\nmetal detection device over or in close proximity to the\nperson's outer clothing; and\n(b) an examination of a thing worn or carried by the person that is\nconveniently and voluntarily removed by the person, including\nan examination conducted by passing an electronic metal\ndetection device over or in close proximity to the thing.\nordinary search means a search of a person, or of things in the\npossession of a person, that may include:\n(a) requiring the person to remove only his or her overcoat, coat\nor jacket or similar article of clothing and any gloves, shoes\nand hat; and\n(b) an examination of those things.\nstrip search means a search of a person, or of things in the\npossession of a person, that may include:\n(a) requiring the person to remove all of his or her clothes; and\n(b) an examination of the person's body (but not of the person's\nbody cavities) and of those clothes.\n2. Frisk searches and ordinary searches\n(1) A police officer who is authorised to search a person may carry out\na frisk search or an ordinary search of the person for any purpose\nfor which the search may be conducted.\n\nTerrorism (Emergency Powers) Act 2003 90\n(2) In conducting a frisk search, a police officer may, if the police officer\nhas asked the person to remove a coat or jacket, treat the person's\nouter clothing as being the person's outer clothing after the coat or\njacket has been removed.\n3. Strip searches\nA police officer who is authorised to search a person may conduct a\nstrip search of the person:\n(a) if the person is suspected of being the target of an\nauthorisation; and\n(b) if the police officer suspects on reasonable grounds that it is\nnecessary to conduct a strip search of the person for the\npurposes of the search and that the seriousness and urgency\nof the circumstances require the strip search to be carried out.\n4. Preservation of privacy and dignity during search\n(1) A police officer who searches a person must, as far as is\nreasonably practicable in the circumstances, comply with this\nclause.\n(2) The police officer must inform the person to be searched whether\nthe person will be required to remove clothing during the search\nand why it is necessary to remove the clothing.\n(3) The police officer must ask for the person's co-operation.\n(4) The police officer must conduct the search:\n(a) in a way that provides reasonable privacy for the person\nsearched; and\n(b) as quickly as is reasonably practicable.\n(5) The police officer must conduct the least invasive kind of search\npracticable in the circumstances.\n(6) The police officer must not search:\n(a) the genital area of the person searched; or\n(b) the breasts of a female or of a transgender person who\nidentifies as a female,\nunless the police officer suspects on reasonable grounds that it is\nnecessary to do so for the purposes of the search.\n\nTerrorism (Emergency Powers) Act 2003 91\n(7) Only a police officer of the same sex as the person to be searched\nor a person of the same sex under the direction of the police officer\nmay conduct a search of the person.\n(8) A search of a person is not to be carried out while the person is\nbeing questioned.\n(9) If questioning has not been completed before a search is carried\nout, questioning is to be suspended while the search is carried out.\n(10) A person is to be allowed to dress as soon as a search is finished.\n(11) If clothing is seized because of the search, the police officer must\nensure the person searched is left with or given reasonably\nappropriate clothing.\n(12) In this clause:\nquestioning of a person includes carrying out an investigation in\nwhich the person participates.\ntransgender person means a person:\n(a) who identifies as a member of the opposite sex, by living, or\nseeking to live, as a member of the opposite sex;\n(b) who has identified as a member of the opposite sex by living\nas a member of the opposite sex; or\n(c) who, being of indeterminate sex, identifies as a member of a\nparticular sex by living as a member of that sex,\nwhether or not the person is a recognised transgender person, and\nincludes a reference to a person who is thought of as a transgender\nperson, whether or not the person is, or was, in fact a transgender\nperson.\n5. Rules for conduct of strip searches\n(1) A police officer who strip searches a person must, as far as is\nreasonably practicable in the circumstances:\n(a) conduct the strip search in a private area;\n(b) ensure that the strip search is not conducted in the presence\nor view of a person who is of the opposite sex to the person\nbeing searched; and\n\nTerrorism (Emergency Powers) Act 2003 92\n(c) except as provided by this clause – ensure that the strip\nsearch is not conducted in the presence or view of a person\nwhose presence is not necessary for the purposes of the\nsearch.\n(2) A parent, guardian or personal representative of the person being\nsearched may, if it is reasonably practicable in the circumstances,\nbe present during a search if the person being searched has no\nobjection to that person being present.\n(3) A strip search of a child who is at least 10 years of age but under\n18 years of age, or of a person who has impaired intellectual\nfunctioning, is, unless it is not reasonably practicable in the\ncircumstances, to be conducted in the presence of:\n(a) a parent or guardian of the person being searched; or\n(b) if it is not acceptable to the child or person to comply with\nparagraph (a) – in the presence of another person (other than\na police officer) who is capable of representing the interests of\nthe child or person and who is, or appears to be, acceptable to\nthe child or person.\n(4) A strip search is not to involve a search of a person's body cavities\nor an examination of the body by touch.\n(5) A strip search is not to involve the removal of more clothes than the\nperson conducting the search believes on reasonable grounds to\nbe reasonably necessary for the purposes of the search.\n(6) A strip search is not to involve more visual inspection than the\nperson conducting the search believes on reasonable grounds to\nbe reasonably necessary for the purposes of the search.\n(7) A strip search may be conducted in the presence of a medical\npractitioner of the opposite sex to the person searched if the person\nbeing searched has no objection to that person being present.\n(8) This clause is in addition to the other requirements of this Act\nrelating to searches.\n(9) In this clause:\nimpaired intellectual functioning means:\n(a) total or partial loss of a person's mental functions;\n(b) a disorder or malfunction that results in a person learning\ndifferently from a person without the disorder or malfunction;\nor\n\nTerrorism (Emergency Powers) Act 2003 93\n(c) a disorder, illness or disease that:\n(i) affects a person's thought processes, perceptions of\nreality, emotions or judgment; or\n(ii) results in disturbed behaviour.\n6. No strip searches of children under 10 years of age\nA strip search is not to be conducted on a person who is under the\nage of 10 years.\n\nTerrorism (Emergency Powers) Act 2003 94\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nTerrorism (Emergency Powers) Act 2003 (Act No. 22, 2003)\nAssent date 29 May 2003\nCommenced 2 July 2003 (Gaz G26, 2 July 2003, p 2)\nPolice Administration Amendment (Powers and Liability) Act 2005 (Act No. 11, 2005)\nAssent date 17 March 2005\nCommenced 20 April 2005 (Gaz G16, 20 April 2005, p 5)\nStatute Law Revision Act 2005 (Act No. 44, 2005)\nAssent date 14 December 2005\nCommenced 14 December 2005\nTerrorism (Emergency Powers) Amendment Act 2006 (Act No. 17, 2006)\nAssent date 18 May 2006\nCommenced 28 June 2006 (Gaz G26, 28 June 2006, p 3)\nStatute Law Revision Act 2007 (Act No. 4, 2007)\nAssent date 8 March 2007\nCommenced 8 March 2007\nLegal Profession (Consequential Amendments) Act 2007 (Act No. 7, 2007)\nAssent date 17 May 2007\nCommenced s 10: 1 July 2007; rem: 17 May 2007 (s 2 and Gaz G26,\n27 June 2007, p 3)\nStatute Law Revision Act 2009 (Act No. 25, 2009)\nAssent date 1 September 2009\nCommenced 16 September 2009 (Gaz G37, 16 September 2009, p 3)\n\nTerrorism (Emergency Powers) Act 2003 95\nOaths, Affidavits and Declarations (Consequential Amendments) Act 2010 (Act No. 40,\n2010)\nAssent date 18 November 2010\nCommenced 1 March 2011 (s 2, s 2 Oaths, Affidavits and Declarations\nAct 2010 (Act No. 39, 2010) and Gaz G7, 16 February 2011,\np 4)\nPublic and Environmental Health Act 2011 (Act No. 7, 2011)\nAssent date 16 March 2011\nCommenced 1 July 2011 (Gaz S28, 3 June 2011)\nPenalties Amendment (Chief Minister's and Other Portfolios) Act 2011 (Act No. 27,\n2011)\nAssent date 31 August 2011\nCommenced 21 September 2011 (Gaz G38, 21 September 2011, p 5)\nEvidence (National Uniform Legislation) (Consequential Amendments) Act 2012 (Act\nNo. 23, 2012)\nAssent date 21 November 2012\nCommenced 1 January 2013 (Gaz G51, 19 December 2012, p 4)\nAdvance Personal Planning (Consequential Amendments) Act 2013 (Act No. 36, 2013)\nAssent date 19 December 2013\nCommenced pt 3: 5 February 2014 (Gaz G5, 5 February 2014, p 2);\nrem: 17 March 2014 (Gaz S14, 17 March 2014)\nCorrectional Services (Related and Consequential Amendments) Act 2014 (Act No. 27,\n2014)\nAssent date 4 September 2014\nCommenced 9 September 2014 (Gaz S80, 9 September 2014, p 2)\nStatute Law Revision Act 2014 (Act No. 38, 2014)\nAssent date 13 November 2014\nCommenced 13 November 2014\nLocal Court (Related Amendments) Act 2016 (Act No. 8, 2016)\nAssent date 6 April 2016\nCommenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related\nAmendments) Act 2016 (Act No. 9, 2016) and Gaz S34,\n29 April 2016)\nTerrorism (Emergency Powers) Amendment Act 2016 (Act No. 26, 2016)\nAssent date 29 June 2016\nCommenced 29 June 2016\nYouth Justice Legislation Amendment Act 2017 (Act No. 19, 2017)\nAssent date 30 October 2017\nCommenced 5 January 2018 (Gaz G51, 20 December 2017, p 4)\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1, 4, 21A, 21ZB, 21ZC, 21ZL,\n33 and 35.\n\nTerrorism (Emergency Powers) Act 2003 96\n4 LIST OF AMENDMENTS\nlt sub No. 17, 2006, s 4\ns 4 amd No. 17, 2006, s 5; No. 7, 2011, s 140; No. 27, 2014, s 57; No. 19, 2017,\ns 39\ns 4A ins No. 17, 2006, s 6\ns 5 amd No. 17, 2006, s 7\ns 6 sub No. 17, 2006, s 8\ns 7 amd No. 17, 2006, s 9\ns 9 amd No. 17, 2006, s 10\ns 12A ins No. 17, 2006, s 11\ns 16 amd No. 27, 2011, s 4\ns 19 amd No. 17, 2006, s 12\ns 20 amd No. 17, 2006, s 13\npt 2A hdg ins No. 17, 2006, s 14\ndiv 1 hdg ins No. 17, 2006, s 14\ns 20A ins No. 17, 2006, s 14\ndiv 2 hdg ins No. 17, 2006, s 14\nss 20B – 20J ins No. 17, 2006, s 14\ndiv 3 hdg ins No. 17, 2006, s 14\ns 20K ins No. 17, 2006, s 14\ns 20L ins No. 17, 2006, s 14\nss 20M – 20N ins No. 17, 2006, s 14\ndiv 4 hdg ins No. 17, 2006, s 14\nss 20P – 20R ins No. 17, 2006, s 14\nss 20S – 20T ins No. 17, 2006, s 14\npt 2B hdg ins No. 17, 2006, s 14\ndiv 1 hdg ins No. 17, 2006, s 14\ns 21 ins No. 17, 2006, s 14\ns 21A ins No. 17, 2006, s 14\namd No. 7, 2007, s 16; No. 8, 2016, s 45\ns 21B ins No. 17, 2006, s 14\ns 21C ins No. 17, 2006, s 14\ns 21D ins No. 17, 2006, s 14\ndiv 2 hdg ins No. 17, 2006, s 14\nss 21E – 21HT ins No. 17, 2006, s 14\ns 21J ins No. 17, 2006, s 14\namd No. 27, 2014, s 57; No. 19, 2017, s 39\nss 21K – 21R ins No. 17, 2006, s 14\nss 21S – 21T ins No. 17, 2006, s 14\namd No. 27, 2014, s 57; No. 19, 2017, s 39\ns 21U ins No. 17, 2006, s 14\ndiv 3 hdg ins No. 17, 2006, s 14\nss 21V – 21Y ins No. 17, 2006, s 14\ns 21Z ins No. 17, 2006, s 14\n\nTerrorism (Emergency Powers) Act 2003 97\nss 21ZA –\n21ZB ins No. 17, 2006, s 14\ns 21ZC ins No. 17, 2006, s 14\namd No. 4, 2007, s 7; No. 27, 2014, s 57\ndiv 4 hdg ins No. 17, 2006, s 14\ns 21ZD ins No. 17, 2006, s 14\nss 21ZE –\n21ZF ins No. 17, 2006, s 14\ndiv 5 hdg ins No. 17, 2006, s 14\ns 21ZG ins No. 17, 2006, s 14\ns 21ZH\nins No. 17, 2006, s 14\ns 21ZI ins No. 17, 2006, s 14\namd No. 38, 2014, s 2\nss 21ZJ –\n21ZK ins No. 17, 2006, s 14\ns 21ZL ins No. 17, 2006, s 14\namd No. 27, 2011, s 4; No. 36, 2013, s 139\nss 21ZM –\n21ZN ins No. 17, 2006, s 14\ns 21ZO –\n21ZP ins No. 17, 2006, s 14\ns 21ZQ ins No. 17, 2006, s 14\namd No. 27, 2011, s 4; No. 8, 2016, s 45\ns 21ZR ins No. 17, 2006, s 14\ndiv 6 hdg ins No. 17, 2006, s 14\ns 21ZS ins No. 17, 2006, s 14\namd No. 4, 2007, s 7; No. 27, 2014, s 57\ns 21ZT ins No. 17, 2006, s 14\namd No. 23, 2012, s 32\nss 21ZU –\n21ZV ins No. 17, 2006, s 14\namd No. 26, 2016, s 3\ns 21 renum No. 17, 2006, s 15\ns 22 sub No. 17, 2006, s 16\ns 22A ins No. 17, 2006, s 16\npt 3A hdg ins No. 17, 2006, s 17\ndiv 1 hdg ins No. 17, 2006, s 17\ns 27A ins No. 17, 2006, s 17\ndiv 2 hdg ins No. 17, 2006, s 17\nss 27B – 27C ins No. 17, 2006, s 17\ndiv 3 hdg ins No. 17, 2006, s 17\nss 27D – 27K ins No. 17, 2006, s 17\ns 27L ins No. 17, 2006, s 17\ndiv 4 hdg ins No. 17, 2006, s 17\n\nTerrorism (Emergency Powers) Act 2003 98\nsubdiv 1 hdg ins No. 17, 2006, s 17\ns 27M ins No. 17, 2006, s 17\nsubdiv 2 hdg ins No. 17, 2006, s 17\nss 27N – 27P ins No. 17, 2006, s 17\ns 27Q ins No. 17, 2006, s 17\ns 27R ins No. 17, 2006, s 17\nsubdiv 3 hdg ins No. 17, 2006, s 17\ns 27S ins No. 17, 2006, s 17\ns 27T ins No. 17, 2006, s 17\nsubdiv 4 hdg ins No. 17, 2006, s 17\ns 27U ins No. 17, 2006, s 17\namd No. 25, 2009, s 9; No. 8, 2016, s 45\ns 27V ins No. 17, 2006, s 17\ndiv 5 hdg ins No. 17, 2006, s 17\ns 27W ins No. 17, 2006, s 17\ns 27X ins No. 17, 2006, s 17\namd No. 40, 2010, s 118; No. 27, 2011, s 4; No. 8, 2016, s 45\ns 27Y ins No. 17, 2006, s 17\ns 27Z ins No. 17, 2006, s 17\nss 30 – 31 amd No. 27, 2011, s 4\ns 35 amd No. 11, 2005, s 26; No. 44, 2005, s 35\nss 36 – 38 amd No. 27, 2011, s 4\ns 45 amd No. 17, 2006, s 18\ns 46 amd No. 27, 2011, s 4\ns 47 sub No. 17, 2006, s 19","sortOrder":120}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":876},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":true,"description":"The Act has expanded significantly from its original 2003 form. The 2006 amendments (Terrorism (Emergency Powers) Amendment Act 2006) added Part 2A (special area declarations), Part 2B (preventative detention orders), and Part 3A (covert search warrants) — transforming it from a relatively straightforward emergency response statute into a comprehensive preventive detention and covert surveillance framework. The 2016 amendment extended the sunset provision to 2026. The original Act focused on reactive powers (search, seizure, quarantine); the current version includes extensive pre-emptive detention and secret search capabilities that substantially broaden the scope beyond emergency response to ongoing preventive surveillance and detention."},"complexity_factors":["47 defined terms in the interpretation section (section 4)","Nested conditional logic throughout — e.g., preventative detention requires satisfaction of multiple cumulative grounds (21E, 21G) with alternative pathways","Cross-referencing between Parts 2, 2A, 2B and 3A creates interdependent operational frameworks","Multiple sunset provisions and expiry mechanisms with different triggers (21ZV, 10, 20D, 27T)","Detailed procedural requirements for covert warrants including special warrant procedures, re-entry powers, and substitution of seized items","Extensive safeguards for detainees with conditional exceptions — e.g., contact rights vary by age, capacity, and prohibited contact orders (Divisions 4-5 of Part 2B)","Strict liability offences with 'reasonable excuse' defences requiring reverse onus of proof (section 44)","Schedule contains detailed search protocols including gender-specific rules and strip search conditions"],"plain_english_summary":"This is the Northern Territory's **Terrorism (Emergency Powers) Act 2003**, which gives police extraordinary powers to prevent and respond to terrorist acts. Here's what it does:\n\n**Core purpose**\nThe Act creates a framework for police to take pre-emptive action against terrorism, including detaining people without charge, conducting covert searches, and declaring special security zones.\n\n**Key powers**\n\n- **Authorisations** (Part 2): Senior police can authorise warrantless searches of people, vehicles and premises; identity checks; and surveillance. These last up to 7 days (extendable to 21 days with ministerial approval).\n\n- **Special area declarations** (Part 2A): The Commissioner can declare airports, train stations, public events or crowded areas as \"special areas\" for up to 28 days, allowing police to search anyone entering without suspicion.\n\n- **Preventative detention orders** (Part 2B): A judge can order someone detained for up to 14 days without charge if police reasonably suspect they will commit a terrorist act or possess terrorism-related items. **Crucially, the person cannot be questioned about any offence while detained** — this is purely preventive, not investigative. Strict rules govern who detainees can contact (family once, lawyer for legal advice only), and heavy penalties (5 years prison) apply for disclosing detention details.\n\n- **Covert search warrants** (Part 3A): Judges can issue secret warrants allowing police to enter premises without occupants knowing, impersonate others, copy data, and even substitute seized items with replicas. These expire after 30 days.\n\n- **Public health powers** (Part 3): Police can quarantine people for up to 48 hours (longer with Chief Health Officer approval), decontaminate property, and restrict movement in contaminated areas.\n\n**Important safeguards**\n- Preventative detention orders must be reviewed by the Supreme Court\n- Strip searches of children under 10 are prohibited\n- Humane treatment is required; cruel treatment is an offence\n- Annual reporting to Parliament on use of powers\n- **Sunset clause**: Preventative detention and prohibited contact orders expire on 30 June 2026\n\n**Who it affects**\nPrimarily NT Police, but also: anyone in a declared special area; anyone police reasonably suspect of terrorism involvement; suppliers of \"potential terrorism hazards\" who must report thefts; and members of the public who may be required to assist police."},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"Yes. The Act's scope was broadened after its original enactment. The original 2003 Act established emergency powers for police to respond to terrorist acts. Subsequent amendments (notably the Terrorism (Emergency Powers) Amendment Act 2006 and later amendments) added major new substantive elements: (a) Part 2A (special area declarations and search/powers for declared sites) and seizure/forfeiture procedures (ss 20A–20T); (b) Part 2B (a comprehensive preventative detention regime with judicial application, review and detailed operational rules) (ss 21–21ZV); and (c) Part 3A (covert search warrant scheme with authorisation, strict judicial criteria, secrecy and reporting) (ss 27A–27Z). Those additions materially broadened the original purpose from time‑limited reactive measures to include: place‑based preventive regulation, judge‑ordered preventive detention, and covert intrusion powers with statutory secrecy and restricted review in some executive decisions. The effect is an expansion from a narrowly conceived emergency response framework to a multi‑track statutory system combining executive emergency authorisations, judicially supervised preventative detention and covert warrant powers, and public‑health/quarantine powers — increasing the range of intrusive state actions authorised under the Act (see ss 6–11, 20B–20D, 21E–21P, 27D–27H, and s 12(2)/s 20F(2) on non‑reviewability)."},"complexity_factors":["Length and structure: many Parts, Divisions and Subdivisions (extensive Parts 2, 2A, 2B, 3A) spanning 90+ sections and a detailed Schedule","Large number of defined terms across sections 4, 20A and 21A (30+ important definitions including different 'target' concepts and role titles)","Multiple modes of authorisation with layered approvals and urgency exceptions (Commissioner, Assistant Commissioner, Police Minister; oral/written; confirmatory writing required) (ss 8–11)","Temporal complexity: many different statutory time limits and ceilings (authorisations: generally 7 days with possible extensions (s 10); special area: up to 28 days with 7‑day further declaration (s 20D); preventative detention: strict windows for \"imminent\" acts and maximum detention calculations, 48‑hour operational thresholds, and a sunset for new preventative orders after 30 June 2026 (ss 10, 20D, 21E, 21K, 21L, 21ZV))","Nested conditional logic and exceptions (e.g. preventative detention application grounds, credits for prior detention under corresponding laws, differing rules where preserving evidence vs preventing an act) (ss 21E, 21K(2))","Cross‑references to other laws and external instruments (Criminal Code (Cth) Divisions, corresponding State/Territory laws, ASIO and Commonwealth national security frameworks; also external concepts like 'custodial correctional facility') (ss 21A, 21C, 21ZC, others)","Dual oversight pathways: executive (authorisations, declarations) insulated from judicial review in some respects (s 12(2), s 20F(2)), while other intrusive powers are routed through judges (preventative detention, covert warrants) — creating parallel legal tracks","Detailed procedural and evidentiary rules for covert warrants and detention reviews (application content, in‑camera proceedings, restricted admissibility, reporting obligations) (Parts 3A and 2B)","Multiple criminal offences and penalties tied to compliance, disclosure, obstruction and misleading judicial officers—varying maxima up to 5 years' imprisonment (e.g. ss 21U(6), 21ZO–21ZM, 27X, 27Y)","Operational detail and human‑rights‑adjacent controls (rules on searches, strip searches and privacy/dignity safeguards in the Schedule; identification material rules and destruction timelines) (Schedule and ss 21ZQ–21ZR)"],"plain_english_summary":"**What this law does (mechanics)\n\n- Gives police and certain officials wide emergency powers to prevent or respond to terrorist acts.  Key mechanisms (Parts and representative sections):\n  - Authorisations (ss 6–20): the Police Commissioner (or authorised senior officers) can give an \"authorisation\" where there are reasonable grounds to believe a terrorist act has occurred or is likely soon.  An authorisation (oral or written) names a target (person, vehicle or area), lasts up to 7 days (extensions by Commissioner with Police Minister agreement, or longer by Police Minister) and permits police to require identity details, stop and search people, vehicles and premises, and enter premises for surveillance or to protect people (see ss 6–20, esp. ss 9–11, 16–20).  Decisions about authorisations are protected from judicial challenge (s 12(2)).\n  - Special area declarations (Part 2A, ss 20A–20T): the Commissioner (with Police Minister approval) may declare airports, large public gatherings, special-event sites or other public areas to be \"special areas\" for set periods (up to 28 days, with short extensions).  While a declaration is in force, police may require identity details, stop and search for terrorism‑related items, seize items, and give seizure notices with return/forfeiture procedures subject to Local Court orders (ss 20B–20T).\n  - Preventative detention orders (Part 2B, ss 21–21ZV): an authorised police officer may apply to an eligible Supreme Court Judge for a preventative detention order where there are reasonable grounds to suspect a person will engage in a terrorist act or has recently been involved and detention is necessary to prevent an act or preserve evidence (ss 21E–21G).  Orders are written, time‑limited (maximum total detention 14 days subject to prior detention credits and exceptions — see s 21K), must be reviewed promptly by the Supreme Court (s 21P), and impose tightly circumscribed rules about questioning, contact, access to lawyers, identification material, monitoring and disclosure offences (many operational rules in ss 21ZP–21ZR and ss 21ZI–21ZN).  There is a statutory sunset for making new preventative detention orders after 30 June 2026 and existing orders in force at that date lapse (s 21ZV).\n  - Covert search warrants (Part 3A, ss 27A–27Z): an authorised senior officer may apply to a Supreme Court Judge for a covert search warrant to enter and search without the occupier's knowledge where entry without notice is necessary and will substantially assist in preventing or responding to a terrorist act (ss 27D–27H).  Warrants can authorise impersonation, forced entry, seizure, copying or operation of electronic equipment, substitution of items, and re‑entry for return/retrieval (ss 27N–27Q).  Applications and execution reports are handled in private; publication or disclosure of confidential information is an offence (ss 27U, 27Y).\n  - Public‑health and safety powers (Part 3, ss 22–27): police may cordon areas, restrict movement, direct people/vehicles, order immediate decontamination or quarantine (police up to 48 hours—s 24; Chief Health Officer for longer—s 25), make premises safe and detain, decontaminate or destroy dangerous things (ss 22–27).\n  - Other powers and procedural safeguards: police may use reasonable force to exercise powers (s 28); recognised officers from Commonwealth or other States can be appointed temporarily (ss 32–33); suppliers of potential terrorism hazards can be required to report thefts or unusual sales (s 31); there are reporting obligations (to Attorney‑General and Police Minister) and annual tabling requirements for many parts; seizure/forfeiture, return and compensation rules apply (ss 20P–20T, 41–42); the Act preserves client legal privilege and permits court remedies (ss 21ZT, 21ZU).\n\n**Who decides under the law (who has authority)\n\n- The Police Commissioner and senior police (Assistant Commissioner, Superintendent) exercise most executive powers (authorisations, special area declarations, search and seizure operations, arrest and detention under authorisations) (ss 8, 20B, 27B).  Many authorisations and declarations require agreement or approval of the Police Minister (ss 8(3), 20B(3)), except where urgent.\n- An eligible Supreme Court Judge authorises preventative detention orders and covert search warrants and conducts required reviews (ss 21C, 21E, 27D–27H, 21P).\n- The Chief Health Officer can make quarantine orders beyond the police 48‑hour limit (s 25).\n\n**Who is affected (direct impacts)\n\n- Individuals who are targets of authorisations or special‑area searches — they can be required to provide identity details, stopped, searched, detained, or taken into custody under a preventative detention order (ss 16–19, 20L–20N, 21V).\n- People present at special events, transport hubs or cordoned areas — subject to identity checks, searches and movement restrictions (Part 2A; ss 22–23).\n- Owners of seized items — police may seize items suspected to be terrorism‑related or connected to serious indictable offences; owners get seizure notices and limited rights to request return but items may be forfeited (ss 20P–20T).\n- Suppliers of listed \"potential terrorism hazards\" — may be required to report thefts or unusual sales (s 31).\n- Businesses and venues hosting events or operating at declared special areas — may face searches, movement restrictions, directions and short‑term closures or decontamination orders (ss 20B, 22, 26–27).\n- Legal and oversight actors — Supreme Court, Ombudsman and Ethical and Professional Standards Command get defined roles (reviews, complaints, oversight); some decisions (executive authorisations and declarations) are insulated from judicial challenge (s 12(2), s 20F(2)).\n\n**Why it matters (official rationale and then testing that claim)\n\nOfficially stated purposes: the Act is intended to provide police and health authorities with powers to prevent or respond to terrorist acts, to protect public health and safety, to preserve evidence and to apprehend suspects (see objects in s 21 and purposes in s 7).  The statute creates urgent procedural routes (oral authorisations, special warrants) for time‑sensitive threats.\n\nPractical trade‑offs, incentives and costs:\n- Concentrated decision authority and speed: the Act centralises fast decision‑making in police leadership (Commissioner, senior officers) and gives the Police Minister a strong oversight/approval role for extensions and declarations.  Benefit: rapid operational response in time‑critical situations (ss 6–11, 20D).  Cost/risk: concentration of discretion increases the need for internal controls and external transparency; some executive decisions are insulated from judicial review (s 12(2), s 20F(2)).\n- Judicial safeguards for detention and covert entry: preventative detention and covert search warrants require judicial involvement (eligible Judges) and post‑action reporting and court review (ss 21E–21P; 27D–27U).  This channels the most intrusive steps through the courts but allows private (in‑camera) proceedings and restricts public disclosure to protect national security (ss 21U(2), 27W, 27Y).\n- Administrative and compliance burdens on private actors: identity checks, searches, temporary movement restrictions, seizure and quarantine orders impose direct compliance costs on individuals and businesses (ss 16–20, 20L–20N, 22–27).  Suppliers designated in notices must report thefts or unusual sales, adding regulatory compliance (s 31).\n- Effects on private enterprise and services: special‑area declarations, movement restrictions, quarantines, premises shutdowns and seizures can interrupt commerce, events and transport, affecting productivity and contracts (ss 20B, 22–25, 26–27).  Compensation and return mechanisms exist (ss 41–42, 20R–20T) but subject to police and court determinations.\n- Transparency vs secrecy trade‑off: the Act requires internal reports and annual public tabling for many powers (Commissioner to Attorney‑General and Police Minister; tabling in Legislative Assembly) (ss 13–14, 20H–20J, 27U(1), 27Z), but operational secrecy is preserved for covert warrants and national security‑sensitive material (ss 27Y, 21U(5), 27V).  This design reduces immediate public disclosure to protect investigations but limits public scrutiny of some decisions (notably authorisations and declarations that are non‑reviewable under s 12(2) and s 20F(2)).\n- Compliance risk and criminal penalties: the Act places criminal penalties on refusal to provide identity details, obstruction, resisting exercise of powers, disclosure of sensitive information and other contraventions (e.g. ss 16(2)–(3), 36–38, 21ZO–21ZM), which incentivises cooperation but raises stakes for individuals.\n- Implementation and oversight costs: effective operation requires training, record‑keeping, secure handling of seized materials and legal processes for detention reviews and evidence handling.  The Act builds in reporting obligations and periodic reviews (s 47) to capture these oversight needs.\n\n**Key legal features to note (practical flags for users)\n- Some executive decisions are statutorily protected from judicial challenge (s 12(2) for authorisations; s 20F(2) for special area declarations).  Judicial processes remain central for preventative detention and covert warrants but with restricted public access and national security carve‑outs.\n- Preventative detention is judge‑ordered and time‑limited but extensive in procedure: restricted questioning, controlled lawyer access (for specific purposes), monitored contact, criminal offences for prohibited disclosure, and mandatory early Supreme Court review (ss 21ZP–21ZR, 21ZI–21ZN, 21P).\n- The Act cross‑references Commonwealth and other State/Territory laws and may operate extraterritorially where a terrorist act relates to persons or systems outside the Territory (s 4A and defined \"terrorist act\" in s 5).\n\nSummary conclusion (mechanical, not a policy verdict)\n- Mechanically, the Act arms police and selected officials with a layered toolkit: short emergency authorisations, place‑based special declarations, judicially authorised preventative detention, covert search warrants, and public‑health quarantine/decontamination powers.  It balances operational speed (broad executive discretion and urgency routes) with judicial involvement for the most intrusive tools (detention and covert entry), while also embedding secrecy protections and specific reporting and review requirements.  The practical trade‑offs are speed and secrecy versus transparency, concentrated discretion versus judicial and administrative oversight, and immediate public‑safety effects versus compliance and commercial disruption costs.  (See sections cited throughout: ss 6–20, 20A–20T, 21–21ZR, 27A–27Z, 22–27.)"},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/terrorism-emergency-powers-act-2003","history":"/api/acts/terrorism-emergency-powers-act-2003/history","analysis":"/api/acts/terrorism-emergency-powers-act-2003/analysis","conflicts":"/api/acts/terrorism-emergency-powers-act-2003/conflicts","importantCases":"/api/acts/terrorism-emergency-powers-act-2003/important-cases","documents":"/api/acts/terrorism-emergency-powers-act-2003/documents"}}