{"id":"terrorism-police-powers-regulations-2021","name":"Terrorism (Police Powers) Regulations 2021","slug":"terrorism-police-powers-regulations-2021","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":237906,"registerId":"sa-terrorism-police-powers-regulations-2021-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Terrorism (Police Powers) Regulations 2021","content":"South Australia\nTerrorism (Police Powers) Regulations 2021\nunder the Terrorism (Police Powers) Act 2005\n\nContents\n1\tShort title\n2\tCommencement\n3\tInterpretation\n4\tConfirmation of special powers authorisation\n5\tConfirmation of special area declaration\nSchedule 1—Repeal of Terrorism (Police Powers) Regulations 2006\nLegislative history\n\n1—Short title\nThese regulations may be cited as the Terrorism (Police Powers) Regulations 2021.\n2—Commencement\nThese regulations come into operation on the day on which they are made.\n3—Interpretation\nIn these regulations—\nAct means the Terrorism (Police Powers) Act 2005.\n4—Confirmation of special powers authorisation\n\t(1)\tSubject to this regulation, an application by a relevant authority to a relevant judicial officer seeking confirmation that the authority has or had proper grounds for issuing a special powers authorisation must be made by written application followed by personal appearance before the judicial officer and, if required by the judicial officer, the giving of evidence on oath.\n\t(2)\tThe application must—\n\t(a)\tset out the name and rank in the police force of the authority; and\n\t(b)\tset out details of the following:\n\t(i)\tin the case of a preventative authorisation—the grounds on which the authority believes—\n\t(A)\tthat a terrorist act is imminent, whether in or outside this State; and\n\t(B)\tthat the exercise of powers under the Act will substantially assist in the prevention of the terrorist act;\n\t(ii)\tin the case of an investigative authorisation—the grounds on which the authority believes—\n\t(A)\tthat a terrorist act is being or has been committed, whether in or outside this State; and\n\t(B)\tthat the exercise of powers under the Act will substantially assist in the investigation of the terrorist act;\n\t(iii)\tin the case of a preventative or investigative authorisation issued under section 3(6) of the Act—the grounds on which the authority was satisfied that it was necessary to issue the authorisation without confirmation because of the urgency of the circumstances; and\n\t(c)\tbe accompanied by—\n\t(i)\ta copy of the special powers authorisation if already issued under section 3(6) of the Act or a copy of the proposed special powers authorisation; and\n\t(ii)\tan affidavit made by the authority verifying the grounds set out in the application.\n\t(3)\tIf the process set out in the preceding subregulations would result in undue delay, the application may be made—\n\t(a)\tby electronic means; or\n\t(b)\tif electronic means are not readily available—by telephone.\n\t(4)\tIf the application is made by electronic means—\n\t(a)\tthe information and documents required under subregulation (2) must be provided electronically; and\n\t(b)\tthe authority must be available to speak to the judicial officer by telephone; and\n\t(c)\tthe judicial officer is entitled to assume, without further inquiry, that a person who identifies themself as the relevant authority during a telephone conversation with the officer is the relevant authority; and\n\t(d)\tthe authority must provide further information in relation to the application as required by the judicial officer and, if required by the judicial officer, provide electronically an affidavit verifying the information; and\n\t(e)\tthe judicial officer must inform the authority of their decision on the application electronically or by telephone.\n\t(5)\tIf the application is made by telephone—\n\t(a)\tthe information required under subregulation (2) must be provided in the telephone conversation; and\n\t(b)\tthe judicial officer is entitled to assume, without further inquiry, that a person who identifies themself during the telephone conversation as the relevant authority is the relevant authority; and\n\t(c)\tthe authority must inform the judicial officer of the terms of the special powers authorisation or proposed special powers authorisation (as the case requires); and\n\t(d)\tthe authority must undertake to forward to the judicial officer the documents that would have accompanied the application had it been a written application; and\n\t(e)\tthe authority must provide further information in relation to the application as required by the judicial officer and, if required by the judicial officer, must undertake to forward to the judicial officer an affidavit verifying the information; and\n\t(f)\tthe judicial officer must inform the authority of their decision on the application by telephone; and\n\t(g)\tthe authority must forward documents to the judicial officer in accordance with an undertaking, as soon as practicable after the telephone conversation ends.\n5—Confirmation of special area declaration\n\t(1)\tAn application by the Commissioner of Police to a relevant judicial officer seeking confirmation that the issuing of a special area declaration is appropriate in the circumstances—\n\t(a)\tmust be made in writing; and\n\t(b)\tmust be accompanied by a copy of the proposed special area declaration; and\n\t(c)\tmust set out details of the grounds on which the Commissioner of Police is satisfied that the declaration is required because of the nature of the site or area and the risk of occurrence of a terrorist act; and\n\t(d)\tmust be accompanied by an affidavit made by the Commissioner of Police verifying—\n\t(i)\tthat the site or area specified in the proposed special area declaration is—\n\t(A)\tthe site of an airport, train station, bus station, tram station or ship or ferry terminal; or\n\t(B)\tthe site of a special event; or\n\t(C)\ta public area where persons gather in large numbers; and\n\t(ii)\tthe grounds set out in the application.\n\t(2)\tThe Commissioner of Police must provide further information in relation to the application as required by the judicial officer and verify the information as required by the judicial officer.\nSchedule 1—Repeal of Terrorism (Police Powers) Regulations 2006\nThe Terrorism (Police Powers) Regulations 2006 are revoked.\nLegislative history\nNotes\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal regulations\nYear\nNo\nReference\nCommencement\n2021\n57\nGazette 27.5.2021 p1489 \n27.5.2021: r 2\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"These regulations replace the Terrorism (Police Powers) Regulations 2006 (Schedule 1) and focus on procedural rules for confirming special powers authorisations and special area declarations under the Act (rr 4–5). They do not themselves create substantive investigatory or preventative powers but prescribe how police and the Commissioner must apply and verify grounds, and how a relevant judicial officer may handle applications, including in urgent or electronic/telephone cases."},"complexity_factors":["Procedural specificity: detailed documentary and affidavit requirements for applicants (rr 4(2)(c)(ii), 5(1)(b)-(d)).","Multiple application modes: written, electronic or telephone routes with differing documentary and verification rules introducing conditional complexity (rr 4(1), 4(3)–4(5)).","Judicial discretion and evidentiary steps: the judicial officer can require personal appearance, oath, further information, and may assume identity by phone (rr 4(1), 4(4)(c), 4(5)(b), 5(2)).","Urgency/after‑the‑fact confirmations: references to authorisations issued without prior confirmation under section 3(6) of the Act require explanatory grounds (r 4(2)(b)(iii)), linking these regs to emergency pathways in the Act.","Narrow substantive scope: regulations address application and confirmation procedure rather than creating new police powers (r 3; rr 4–5).","Repeal/transition: revocation of the 2006 regulations may require administrative update (Schedule 1)."],"plain_english_summary":"These regulations set out how police must apply to a judge to confirm \"special powers\" authorisations and how the Commissioner must apply to confirm a \"special area\" declaration under the Terrorism (Police Powers) Act 2005. They require written applications with affidavits and supporting documents, allow electronic or telephone applications in urgent cases, leave the decision to a judicial officer, and revoke the 2006 regulations. Affected parties are police authorities (who must prepare evidence and follow procedures) and judicial officers (who decide whether confirmation is appropriate)."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulations maintain their original narrow purpose: procedural mechanics for judicial confirmation of emergency terrorism powers. The 2021 version appears to be a straightforward re-enactment/replacement of the 2006 regulations with modernised communication methods (electronic/telephone applications), not an expansion of scope."},"complexity_factors":["Only 5 substantive regulations plus a repeal schedule","Minimal defined terms (only 'Act' defined in regulation 3)","Straightforward procedural structure with clear alternatives (standard vs urgent process)","Limited cross-referencing — only references to the parent Act (Terrorism (Police Powers) Act 2005) for context on authorisation types","No nested exceptions or complex conditional logic; subregulations (3)-(5) provide simple alternative pathways without layering","Legislative history table is purely administrative"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set out the **paperwork and process rules** for South Australian police when they need a judge to sign off on two extraordinary counter-terrorism powers:\n\n1. **Special powers authorisations** — emergency orders that let police use heightened search, seizure and detention powers when they believe a terrorist act is imminent (preventative) or has already happened (investigative).\n\n2. **Special area declarations** — designations that place airports, train stations, major public gatherings or special events under enhanced security rules.\n\n**Who it affects:**\n\n- **Police officers** (specifically senior officers called \"relevant authorities\") who must apply to a \"relevant judicial officer\" (a judge or magistrate) for confirmation.\n- **The Commissioner of Police**, who makes special area declarations.\n- **Judicial officers**, who review and confirm these emergency decisions.\n- **The public**, indirectly — these rules govern when police can exercise exceptional powers that limit normal freedoms.\n\n**Why it matters:**\n\nTerrorism powers are extraordinary. They can override normal civil liberties. These regulations create a **safeguard**: police must convince a judge that their emergency actions were justified, and they must do so with proper documentation (affidavits — sworn written statements). The rules also recognise emergencies don't always allow paperwork — so they permit urgent applications by phone or electronically, provided follow-up documents come later.\n\n**Key practical points:**\n\n- **Standard process:** Written application + personal appearance before a judge + sworn evidence.\n- **Urgent process:** Phone or electronic application allowed if delay would be harmful, but police must later provide the full paperwork.\n- **Special areas:** The Commissioner must prove the location is a transport hub, special event, or crowded public place, and that terrorism risks exist.\n- **Repeal:** These 2021 regulations replace the 2006 version entirely."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed — the full text of the legislation was not accessible due to a broken or outdated URL following a website migration on or around 24 March 2026."},"complexity_factors":["No legislative text was retrievable — the source URL returned a 404 Page Not Found error","Unable to assess actual provisions, definitions, cross-references, or legal obligations","Score of 1 reflects absence of content to analyse, not simplicity of the underlying law (terrorism police powers legislation is typically complex)"],"plain_english_summary":"The Terrorism (Police Powers) Regulations 2021 are South Australian subordinate rules tied to police powers in terrorism-related situations. The full text wasn’t available (site returned “Page Not Found”), but the instrument likely governs how police exercise special powers in terrorism investigations and thus affects officers, suspects, and bystanders.\n\nIf you need the text, search www.legislation.sa.gov.au for the title or contact the Office of Parliamentary Counsel (OPCWeb@sa.gov.au); update bookmarks created before 24 March 2026."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/terrorism-police-powers-regulations-2021","history":"/api/acts/terrorism-police-powers-regulations-2021/history","analysis":"/api/acts/terrorism-police-powers-regulations-2021/analysis","conflicts":"/api/acts/terrorism-police-powers-regulations-2021/conflicts","importantCases":"/api/acts/terrorism-police-powers-regulations-2021/important-cases","documents":"/api/acts/terrorism-police-powers-regulations-2021/documents"}}