{"id":"nsw:sl-2021-0466","name":"Terrorism (Police Powers) Regulation 2021","slug":"terrorism-police-powers-regulation-2021","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"466 of 2021","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176330,"registerId":"nsw-nsw:sl-2021-0466-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Regulation","content":"#### 1 Name of Regulation\n\n1 Name of Regulation\n\n> This Regulation is the [Terrorism (Police Powers) Regulation 2021](/view/html/inforce/current/sl-2021-0466).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Regulation commences on the day on which it is published on the NSW legislation website.\n> \n> Note—\n> \n> This Regulation repeals and replaces the [Terrorism (Police Powers) Regulation 2016](/view/html/repealed/current/sl-2016-0520), which would otherwise be repealed on 1 September 2021 by the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146), section 10(2).","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> In this Regulation—\n> \n> eligible Judge has the same meaning as in the Act, Part 3.\n> \n> the Act means the [Terrorism (Police Powers) Act 2002](/view/html/inforce/current/act-2002-115).\n> \n> Note—\n> \n> The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this Regulation.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Detainees under preventative detention orders—exclusion of certain provisions","content":"#### 4 Detainees under preventative detention orders—exclusion of certain provisions\n\n4 Detainees under preventative detention orders—exclusion of certain provisions\n\n> For the purposes of the Act, section 26X(3), the subject is excluded from the application of the following provisions—\n> \n> > (a) the [Crimes (Administration of Sentences) Act 1999](/view/html/inforce/current/act-1999-093), sections 19–22, 25–38, 41C, 41D, 47–50, 66–71 and 228,\n> \n> > (b) the [Crimes (Administration of Sentences) Regulation 2014](/view/html/inforce/current/sl-2014-0550), clauses 5(f), 20–32, 64, 66, 74–86, 110–118, 165–167 and 169, to the extent that it would enable an inmate to speak to the Official Visitor, and Schedule 1, items 6 and 7,\n> \n> > (c) provisions of a regulation made under the [Crimes (Administration of Sentences) Act 1999](/view/html/inforce/current/act-1999-093), section 79(1)(i)–(l).","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Covert search warrants—delegates who may authorise applications for warrants","content":"#### 5 Covert search warrants—delegates who may authorise applications for warrants\n\n5 Covert search warrants—delegates who may authorise applications for warrants\n\n> For the purposes of the Act, section 27E(2), the following positions are prescribed—\n> \n> > (a) the Assistant Commissioner responsible for counter terrorism,\n> \n> > (b) the Superintendent responsible for counter terrorism investigations.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Covert search warrants—keeping and inspection of records","content":"#### 6 Covert search warrants—keeping and inspection of records\n\n6 Covert search warrants—keeping and inspection of records\n\n> > (1) For the purposes of the Act, section 27L(2), the following records must be kept—\n> > \n> > > (a) a written application for a covert search warrant,\n> > \n> > > (b) a record relating to the warrant made by or on behalf of an eligible Judge,\n> > \n> > > (c) a copy of an occupier’s notice,\n> > \n> > > (d) a report on the execution of the warrant.\n> \n> > (2) The records must be made available, at the Supreme Court registry, for inspection by the following persons during the ordinary business hours of the registry—\n> > \n> > > (a) a person who, when the warrant was executed, occupied the premises to which the warrant relates,\n> > \n> > > (b) another person who is given an occupier’s notice relating to the warrant under the Act.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Covert search warrants—certified records unavailable for inspection","content":"#### 7 Covert search warrants—certified records unavailable for inspection\n\n7 Covert search warrants—certified records unavailable for inspection\n\n> > (1) An eligible Judge may, at any time, issue a certificate to the effect that the Judge is satisfied that a document or part of a document referred to in section 6 contains matter that—\n> > \n> > > (a) may disclose a person’s identity which, if disclosed, may jeopardise the safety of the person or another person, or\n> > \n> > > (b) if disclosed, may seriously compromise the investigation of a matter.\n> \n> > (2) The document or part of the document to which the certificate relates must not be made available for inspection under section 6(2).\n> \n> > (3) The certificate must be kept with the document to which it relates.\n> \n> > (4) An eligible Judge, whether or not the Judge who issued the certificate, may revoke the certificate if satisfied, after considering submissions from an interested party, that disclosure of the matter to which it relates—\n> > \n> > > (a) may not jeopardise a person’s safety, or\n> > \n> > > (b) may no longer seriously compromise the investigation of a matter.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Attorney General may approve forms","content":"#### 8 Attorney General may approve forms\n\n8 Attorney General may approve forms\n\n> The Attorney General may approve forms as may be necessary or convenient for the administration of the Act.","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Repeal and saving","content":"#### 9 Repeal and saving\n\n9 Repeal and saving\n\n> > (1) The [Terrorism (Police Powers) Regulation 2016](/view/html/repealed/current/sl-2016-0520) is repealed.\n> \n> > (2) Any act, matter or thing that, immediately before the repeal of the [Terrorism (Police Powers) Regulation 2016](/view/html/repealed/current/sl-2016-0520), had effect under that Regulation continues to have effect under this Regulation.","sortOrder":8}],"analysis":{"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"},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based solely on the metadata available, there is no evidence of scope change. The regulation has remained unamended since its commencement on 20 August 2021, suggesting it continues to operate within its original intended purpose as a supporting instrument to the Terrorism (Police Powers) Act 2002."},"complexity_factors":["The actual substantive provisions of the regulation were not included in the provided text, limiting full analysis","The regulation operates as subordinate legislation beneath the Terrorism (Police Powers) Act 2002, requiring understanding of the parent Act to fully interpret it","Terrorism law in Australia involves interaction between state and federal frameworks, adding a layer of legal context","Automatic repeal mechanism under the Subordinate Legislation Act 1989 adds a temporal complexity dimension","Score is kept low (3) because only metadata and status information was available — the actual legal content could not be assessed"],"plain_english_summary":"This NSW regulation, made under the Terrorism (Police Powers) Act 2002, provides the procedural and administrative detail for how police exercise special counter‑terrorism powers in New South Wales. It commenced on 20 August 2021 and is scheduled for automatic repeal on 1 September 2026.\n\nIt primarily affects NSW Police, people subject to terrorism powers (e.g. stop‑and‑search, detention), and legal advisers. It matters because such regulations shape safeguards, reporting and time limits that constrain extraordinary police powers."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulation maintains its original narrow purpose: operational details for terrorism-related police powers. It is a direct replacement of the 2016 version with identical scope, updating references and continuation provisions without expanding into new substantive areas."},"complexity_factors":["Short length (9 sections, approximately 2 pages)","Minimal defined terms (only 2: 'eligible Judge' and 'the Act')","Heavy reliance on external legislation — most substantive content references sections of the *Terrorism (Police Powers) Act 2002* and *Crimes (Administration of Sentences) Act 1999* without reproducing them","Simple conditional logic limited to subsections (a)-(b) structures","No nested exceptions or recursive definitions","Straightforward administrative provisions (forms, repeal, saving)"],"plain_english_summary":"**What this legislation does:**\n\nThis is a NSW regulation that sets out detailed operational rules for two extraordinary police powers used in terrorism investigations:\n\n*   **Preventative detention orders** — powers to detain people without charge to prevent imminent terrorist attacks\n*   **Covert search warrants** — secret search warrants where occupants aren't told their property was searched\n\n**Who it affects:**\n\n*   **People detained under preventative detention orders** — the regulation strips away many standard prison protections they'd normally have (like rights to speak to Official Visitors or access certain complaint procedures)\n*   **Police** — it specifies exactly which senior officers can authorise covert search warrant applications (Assistant Commissioner or Superintendent for counter terrorism)\n*   **Judges** — \"eligible Judges\" can issue certificates to hide parts of warrant records if disclosure would endanger lives or compromise investigations\n*   **Property occupants** — people whose homes are secretly searched have limited rights to inspect warrant records later, subject to judicial censorship\n\n**Why it matters:**\n\nThis regulation operates in the shadowy space where normal legal protections are deliberately weakened for security purposes. It:\n\n*   **Removes safeguards** for detainees that ordinary prisoners enjoy under the *Crimes (Administration of Sentences) Act*\n*   **Creates secrecy mechanisms** allowing judges to redact warrant records even from the people whose homes were searched\n*   **Centralises power** in senior counter-terrorism police to authorise intrusive covert operations\n\nThe regulation essentially fine-tunes the balance between civil liberties and counter-terrorism, erring heavily toward police operational needs and away from transparency and detainee rights."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The Regulation repeals and replaces the 2016 instrument but section 9(2) preserves any act, matter or thing that had effect immediately before repeal. On its face the instrument codifies procedural rules (exclusions for preventative detainees, delegate authorisations, record-keeping and inspection limits, judge-issued confidentiality certificates, and Attorney General form approvals) rather than expanding substantive reach beyond the previous regulation."},"complexity_factors":["Cross-references to multiple Acts and regulations (Act, Crimes (Administration of Sentences) Act 1999 and its Regulation) increase interpretive effort (see regs 3 and 4).","Discretion granted to eligible Judges to certify and revoke non-disclosure of records (reg 7) creates case-by-case judicial assessment.","Operational delegation limits set by rank (Assistant Commissioner and Superintendent) are narrow but require organisational mapping within police (reg 5).","Record-keeping and restricted inspection obligations (reg 6) create administrative compliance burdens for police and the Supreme Court registry.","Exclusion of many sentencing/visitor provisions for detainees (reg 4) references a long list of statutory provisions, complicating rights analysis.","Repeal-and-save clause preserves prior effects while replacing the instrument, requiring comparison with the 2016 Regulation to detect substantive change (reg 9)."],"plain_english_summary":"This regulation replaces the 2016 instrument and sets procedural rules under the Terrorism (Police Powers) Act 2002. It excludes certain prisoner‑entitlements for people held under preventative detention, prescribes which counter‑terrorism police ranks may authorise covert search warrant applications, requires specific records and limited Supreme Court inspection of those records, lets eligible Judges certify parts of records as non‑disclosable, and allows the Attorney General to approve forms.\n\nIt affects detainees, occupiers of searched premises, counter‑terrorism police, eligible Judges and the Attorney General by changing who decides, what records are kept, and who can access them."}},"importantCases":[],"_links":{"self":"/api/acts/terrorism-police-powers-regulation-2021","history":"/api/acts/terrorism-police-powers-regulation-2021/history","analysis":"/api/acts/terrorism-police-powers-regulation-2021/analysis","conflicts":"/api/acts/terrorism-police-powers-regulation-2021/conflicts","importantCases":"/api/acts/terrorism-police-powers-regulation-2021/important-cases","documents":"/api/acts/terrorism-police-powers-regulation-2021/documents"}}