Div 3APowers in relation to terrorist acts and terrorism offences

Division 3A—Powers in relation to terrorist acts and terrorism offences 3UA  Definitions assessment officer: see subsection 3UJC(1). Commonwealth place means a Commonwealth place within the meaning of the Commonwealth Places (Application of Laws) Act 1970. nominated ART member means a person in relation to whom a nomination is in force under section 3UJE. police officer means:  (a) a member of the Australian Federal Police (within the meaning of the Australian Federal Police Act 1979); or  (b) a special member (within the meaning of that Act); or  (c) a member, however described, of a police force of a State or Territory. post‑entry warrant: see subsection 3UEB(1). prescribed security zone means a zone in respect of which a declaration under section 3UJ is in force. serious offence related item means a thing that a police officer conducting a search under section 3UD reasonably suspects:  (a) may be used in a serious offence; or  (b) is connected with the preparation for, or the engagement of a person in, a serious offence; or  (c) is evidence of, or relating to, a serious offence. State or Territory police oversight body means:  (a) an agency, body or authority that; or  (b) a person who; under a law of a State or Territory, has functions relating to the investigation of complaints about the conduct of members of the police force of the State or Territory. terrorism related item means a thing that a police officer conducting a search under section 3UD reasonably suspects:  (a) may be used in a terrorist act; or  (b) is connected with the preparation for, or the engagement of a person in, a terrorist act; or  (c) is evidence of, or relating to, a terrorist act. vehicle includes any means of transport (and, without limitation, includes a vessel and an aircraft). Subdivision B—Powers 3UB  Application of Subdivision  (1) A police officer may exercise the powers under this Subdivision in relation to a person if:  (a) the person is in a Commonwealth place (other than a prescribed security zone) and the officer suspects on reasonable grounds that the person might have just committed, might be committing or might be about to commit, a terrorist act; or  (b) the person is in a Commonwealth place in a prescribed security zone.  (2) This section does not limit the operation of section 3UEA. 3UC  Requirement to provide name etc.  (1) A police officer may request the person to provide the officer with the following details:  (a) the person’s name;  (b) the person’s residential address;  (c) the person’s reason for being in that particular Commonwealth place;  (d) evidence of the person’s identity.  (2) If a police officer:  (a) makes a request under subsection (1); and  (b) informs the person:  (i) of the officer’s authority to make the request; and  (ii) that it may be an offence not to comply with the request; the person commits an offence if:  (c) the person fails to comply with the request; or  (d) the person gives a name or address that is false in a material particular. Penalty: 20 penalty units. Note: A more serious offence of obstructing a Commonwealth public official may also apply (see section 149.1 of the Criminal Code).  (3) Subsection (2) does not apply if the person has a reasonable excuse. Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code). 3UD  Stopping and searching  (1) A police officer may:  (a) stop and detain the person for the purpose of conducting a search under paragraph (b); and  (b) conduct one of the following searches for a terrorism related item:  (i) an ordinary search or a frisk search of the person;  (ii) a search of any thing that is, or that the officer suspects on reasonable grounds to be, under the person’s immediate control;  (iii) a search of any vehicle that is operated or occupied by the person;  (iv) a search of any thing that the person has, or that the officer suspects on reasonable grounds that the person has, brought into the Commonwealth place. Informing a person of a right to make a complaint  (1A) A police officer who stops and detains a person under this section must inform the person of any right the person has to make a complaint to:  (a) the Commonwealth Ombudsman; or  (b) a State or Territory police oversight body; about the conduct of the police officer in exercising the powers conferred by this section.  (1B) Subsection (1A) does not require a police officer to inform a person of a right if it is not reasonably practicable to do so because of circumstances of urgency. Conditions relating to conduct of search of person  (2) A police officer who conducts a search of a person under this section must not use more force, or subject the person to greater indignity, than is reasonable and necessary in order to conduct the search.  (3) A person must not be detained under this section for longer than is reasonably necessary for a search to be conducted under this section. Other conditions relating to conduct of search of person or thing  (4) In searching a thing (including a vehicle) under subsection (1), a police officer may use such force as is reasonable and necessary in the circumstances, but must not damage the thing by forcing it, or a part of it, open unless:  (a) the person has been given a reasonable opportunity to open the thing or part of it; or  (b) it is not possible to give that opportunity. 3UE  Seizure of terrorism related items and serious offence related items   If a police officer:  (a) conducts a search under section 3UD; and  (b) finds, in the course of the search, a thing that is:  (i) a terrorism related item; or  (ii) a serious offence related item; the officer may seize the thing. 3UEA  Emergency entry to premises without warrant  (1) A police officer may enter premises in accordance with this section if the police officer suspects, on reasonable grounds, that:  (a) it is necessary to exercise a power under subsection (2) in order to prevent a thing that is on the premises from being used in connection with a terrorism offence; and  (b) it is necessary to exercise the power without the authority of a search warrant because there is a serious and imminent threat to a person’s life, health or safety.  (2) The police officer may:  (a) search the premises for the thing; and  (b) seize the thing if he or she finds it there.  (3) If, in the course of searching for the thing, the police officer finds another thing that the police officer suspects, on reasonable grounds, to be relevant to an indictable offence or a summary offence, the police officer may secure the premises pending the obtaining of a warrant under Part IAA in relation to the premises.  (4) Premises must not be secured under subsection (3) for longer than is reasonably necessary to obtain the warrant.  (5) In the course of searching for the thing, the police officer may also seize any other thing, or do anything to make the premises safe, if the police officer suspects, on reasonable grounds, that it is necessary to do so:  (a) in order to protect a person’s life, health or safety; and  (b) without the authority of a search warrant because the circumstances are serious and urgent.  (6) In exercising powers under this section:  (a) the police officer may use such assistance; and  (b) the police officer, or a person who is also a police officer and who is assisting the police officer, may use such force against persons and things; and  (c) a person (other than a police officer) who is authorised by the police officer to assist the police officer may use such force against things; Notification  (7) If one or more police officers have entered premises in accordance with this section, a police officer must, within 24 hours after the entry:  (a) notify the occupier of the premises that the entry has taken place; or  (b) if it is not practicable so to notify the occupier—leave a written notice of the entry at the premises. 3UEB  Emergency entry to premises without warrant—post‑entry warrants Requirement to apply for post‑entry warrant  (1) A police officer who has entered premises under, or purportedly under, subsection 3UEA(1) must:  (a) apply to an assessment officer for a warrant (a post‑entry warrant) under this section in relation to the entry to the premises; and  (b) do so as soon as practicable after the exercise, or purported exercise, of powers under section 3UEA in relation to the premises.  (2) The application must:  (a) be in writing; and  (b) set out:  (i) the nature of the matters suspected by the police officer for the purposes of paragraphs 3UEA(1)(a) and (b); and  (ii) the grounds on which the police officer held the suspicion; and  (c) state whether the police officer is:  (i) a member of the Australian Federal Police (within the meaning of the Australian Federal Police Act 1979); or  (ii) a special member (within the meaning of that Act); or  (iii) a member, however described, of a police force of a State or Territory; and  (d) if the police officer is a member mentioned in subparagraph (c)(iii) of this subsection—identify the relevant State or Territory; and  (e) state the police officer’s name, rank, identification number (however described) and police station (if applicable and necessary); and  (f) state the police officer’s contact details, including details of how the assessment officer may give to the police officer the following:  (i) any request in writing under subsection (4) of this section for information or documents;  (ii) the post‑entry warrant or a notice of refusal to issue the warrant; and  (g) if the police officer is a member, or special member, mentioned in subparagraph (c)(i) or (ii) of this subsection—include details of how the assessment officer may give to the Commissioner the post‑entry warrant or a notice of refusal to issue the warrant; and  (h) if the police officer is a member mentioned in subparagraph (c)(iii) of this subsection—include details of how the assessment officer may give to the Commissioner of Police in the police force of the relevant State or Territory, or the person holding equivalent rank, the post‑entry warrant or a notice of refusal to issue the warrant; and  (i) set out any information that:  (i) is known to the police officer; and  (ii) the police officer considers may assist the assessment officer to give, to any current or former owners or occupiers of the premises who have been affected by the exercise, or purported exercise, of the powers under section 3UEA in relation to the premises, the post‑entry warrant or a notice of refusal to issue the warrant; and  (j) set out the time, date and place of the entry; and  (k) set out any other information, and be accompanied by any documents, the police officer considers relevant to the application.  (3) The information in the application must be sworn or affirmed by the police officer. Requesting further information or documents  (4) The assessment officer may request, in writing, that the police officer provide further information or documents relating to the application, and that the police officer do so in a particular way.  (5) If the police officer is unable to provide some or all of the further information or documents requested, the police officer must, within a reasonable period, notify the assessment officer:  (a) of the information or documents that cannot be provided; and  (b) of the reasons why the information or documents cannot be provided.  (6) If the assessment officer is notified in accordance with subsection (5) that some or all of the further information or documents cannot be provided, the assessment officer must (unless there is another reason not to) continue to consider the application despite having not received the further information or documents.  (7) The assessment officer must:  (a) issue the post‑entry warrant if, and only if, the assessment officer is satisfied, on the balance of probabilities, that in entering the premises the police officer suspected, on reasonable grounds, the matters mentioned in paragraphs 3UEA(1)(a) and (b); and  (b) otherwise, refuse to issue the post‑entry warrant.  (8) The issue of, or refusal to issue, the post‑entry warrant does not affect whether or not the exercise, or purported exercise, of powers under section 3UEA was valid. Note: Section 138 of the Evidence Act 1995 (discretion to exclude improperly or illegally obtained evidence) may apply to evidence obtained as a result of the exercise, or purported exercise, of powers under section 3UEA of this Act.  (9) The post‑entry warrant, if issued, must include the following:  (a) the information mentioned in paragraphs (2)(c), (d), (e) and (j);  (b) a statement of the reasons for issuing the warrant;  (c) a statement that the warrant has been issued under this section. Notification requirements  (10) If the assessment officer issues the post‑entry warrant, the assessment officer must give a copy of the warrant to the persons mentioned in subsection (12) as soon as reasonably practicable after issuing the warrant.  (11) If the assessment officer refuses to issue the post‑entry warrant:  (a) the assessment officer must give written notice of the refusal to the persons mentioned in subsection (12) as soon as reasonably practicable after refusing to issue the warrant; and  (b) the notice must include a statement of reasons for refusing to issue the warrant; and  (c) in the case of a notice given to a person mentioned in paragraph (12)(d)—the notice must also contain information about any right the person may have to:  (i) make a complaint to the Commonwealth Ombudsman under the Ombudsman Act 1976; or  (ii) take civil or other action;   in relation to the entry to the premises or the exercise, or purported exercise, of powers under section 3UEA in relation to the premises.  (12) For the purposes of subsections (10) and (11), the persons are the following:  (a) the police officer;  (b) if the police officer is a member of the Australian Federal Police (within the meaning of the Australian Federal Police Act 1979) or a special member (within the meaning of that Act)—the Commissioner;  (c) if the police officer is a member, however described, of a police force of a State or Territory—the Commissioner of Police in that police force or the person holding equivalent rank;  (d) any current or former owners or occupiers of the premises:  (i) whom the assessment officer considers have been affected by the exercise, or purported exercise, of the powers under section 3UEA in relation to the premises; and  (ii) to whom the assessment officer considers it is practicable to give the post‑entry warrant or notice of refusal (as the case requires). Protection of information  (13) Despite subsections (9) and (11), a post‑entry warrant or notice of refusal must not include information if disclosure of that information is likely to prejudice national security (within the meaning of the National Security Information (Criminal and Civil Proceedings) Act 2004). 3UF  Seizure notices Seizure notice to be served  (1) A police officer who is for the time being responsible for a thing seized under section 3UE or 3UEA must, within 7 days after the day on which the thing was seized, serve a seizure notice on:  (a) the owner of the thing; or  (b) if the owner of the thing cannot be identified after reasonable inquiries—the person from whom the thing was seized.  (a) both:  (i) the owner of the thing cannot be identified after reasonable inquiries; and  (ii) the thing was not seized from a person; or  (b) it is not possible to serve the person required to be served under subsection (1).  (3) A seizure notice must:  (a) identify the thing; and  (b) state the date on which the thing was seized; and  (c) state the ground or grounds on which the thing was seized; and  (d) state that, if the owner does not request the return of the thing within 90 days after the date of the notice, the thing is forfeited to the Commonwealth. Forfeiture of thing seized  (8) A thing is forfeited to the Commonwealth if the owner of the thing does not request its return:  (a) before the end of the 90th day after the date of the seizure notice in relation to the thing; or  (b) if subsection (2) applied in relation to the thing so that a seizure notice was not served—before the end of the 90th day after the day on which the thing was seized. 3UH  Relationship of Subdivision to other laws  (1) The powers conferred, and duties imposed, by this Subdivision on police officers are in addition to, and not in derogation of, any other powers conferred, or duties imposed, by any other law of the Commonwealth or the law of a State or Territory.  (2) This Division is not intended to exclude or limit the operation of any other law of the Commonwealth or the law of a State or Territory in so far as it is capable of operating concurrently with this Subdivision. Subdivision C—Prescribed security zones 3UI  Applications for declarations   A police officer may apply to the Minister for a declaration that a Commonwealth place be declared as a prescribed security zone. 3UJ  Minister may make declarations Declaration  (1) The Minister may declare, in writing, a Commonwealth place to be a prescribed security zone if he or she considers that a declaration would assist:  (a) in preventing a terrorist act occurring; or  (b) in responding to a terrorist act that has occurred.  (1A) In deciding whether to make a declaration under subsection (1) in relation to a Commonwealth place on the ground mentioned in paragraph (1)(a) or (b), the Minister must have regard to:  (a) whether the impact of the declaration on the rights of persons in the Commonwealth place would be:  (i) reasonable; and  (ii) proportionate to that ground; and  (b) the appropriate duration of the declaration; and  (c) in the case of a declaration made on the ground mentioned in paragraph (1)(a)—the availability and effectiveness of any powers that:  (i) are conferred by a law of the Commonwealth (other than this Division) or a law of a State or Territory; and  (ii) would assist in preventing a terrorist act occurring; and  (d) in the case of a declaration made on the ground mentioned in paragraph (1)(b)—the availability and effectiveness of any powers that:  (i) are conferred by a law of the Commonwealth (other than this Division) or a law of a State or Territory; and  (ii) would assist in responding to a terrorist act that has occurred; and  (e) in the case of a declaration that is one of a series of successive declarations under subsection (1) in relation to the Commonwealth place—the impact and proportionality of that series of successive declarations; and  (f) such other matters (if any) as the Minister considers relevant. Declaration has effect  (2) A declaration under this section has effect accordingly. Duration of declaration  (3) A declaration ceases to have effect:  (a) at the end of 28 days after it is made; or  (b) if a shorter period is specified in the declaration—at the end of the shorter period; unless the declaration is revoked by the Minister before then. Revocation of declaration  (4) The Minister must revoke a declaration, in writing, if he or she is satisfied that:  (a) in the case of a declaration made on the ground mentioned in paragraph (1)(a)—there is no longer a terrorism threat that justifies the declaration being continued; or  (b) in the case of a declaration made on the ground mentioned in paragraph (1)(b)—the declaration is no longer required. Gazettal and publication of declaration  (5) If a declaration of a Commonwealth place as a prescribed security zone under this section is made or revoked, the Minister must arrange for:  (a) a statement to be prepared that:  (i) states that the declaration has been made or revoked, as the case may be; and  (ii) identifies the prescribed security zone; and  (b) the statement to be:  (i) broadcast by a television or radio station so as to be capable of being received within the place; and  (ii) published in the Gazette; and  (iii) published on the internet. Notification of declaration  (5A) If a declaration of a Commonwealth place as a prescribed security zone under this section is made at a particular time, the Commissioner must:  (a) as soon as practicable after that time; and  (b) in any event, within 72 hours after that time; arrange for:  (c) a statement to be prepared that:  (i) states that the declaration has been made; and  (ii) identifies the prescribed security zone; and  (d) the statement to be given to:  (i) the Commonwealth Ombudsman; and  (ii) the Independent National Security Legislation Monitor; and  (iii) the Parliamentary Joint Committee on Intelligence and Security. Reasons for making determination  (5B) If a declaration was made under this section in relation to a Commonwealth place, the Minister must:  (a) give the Parliamentary Joint Committee on Intelligence and Security a written statement setting out the reasons for the making of the declaration; and  (b) do so as soon as practicable after the declaration was made. Effect of failure to publish or notify  (6) A failure to comply with subsection (5) or (5A) does not make the declaration or its revocation ineffective to any extent. Effect of failure to give statement of reasons  (6A) A failure to comply with subsection (5B) does not make the declaration ineffective to any extent. Declaration or revocation not legislative instruments  (7) A declaration or revocation made under this section is not a legislative instrument. Subdivision CA—Reporting on exercise of powers under this Division 3UJA  Report after powers are exercised  (1) As soon as practicable after the exercise of a power or powers by an AFP police officer (or officers) under Subdivision B in relation to an incident, the Commissioner must give a report to the following:  (a) the Minister;  (b) the Independent National Security Legislation Monitor;  (c) the Parliamentary Joint Committee on Intelligence and Security.  (2) The report must state, in relation to the incident:  (a) the number of instances when an AFP police officer (or officers) exercised a power under section 3UE, 3UEA or 3UF; and  (b) the circumstances in which an AFP police officer (or officers) exercised powers under section 3UC or 3UD. Note: The nature of these powers is as follows: (a) for section 3UC—requirement to provide names etc.; (b) for section 3UD—stopping and searching; (c) for section 3UE—seizure of terrorism related items and serious offence related items; (d) for section 3UEA—emergency entry to premises without a warrant; (e) for section 3UF—seizure notices.  (3) An AFP police officer is a member or a special member of the Australian Federal Police (within the meaning of the Australian Federal Police Act 1979). Note: AFP police officers are police officers within the meaning of this Division (see section 3UA). 3UJB  Annual report on exercise of powers  (1) The Minister must, as soon as practicable after each 30 June, cause to be prepared a report about the exercise of powers under this Division, during the year ended on that 30 June.  (2) Without limiting subsection (1), a report relating to a year must include the following matters:  (a) the number of instances when an AFP police officer (or officers) exercised a power under section 3UE, 3UEA or 3UF;  (b) the number of incidents when an AFP police officer (or officers) exercised powers under section 3UC or 3UD;  (c) the number of applications made under section 3UI for declarations that Commonwealth places are prescribed security zones;  (d) the number of declarations made under section 3UJ that Commonwealth places are prescribed security zones;  (e) the number of applications made by AFP police officers under section 3UEB for post‑entry warrants;  (f) the number of post‑entry warrants issued under section 3UEB in response to applications made by AFP police officers;  (g) the number of refusals to issue a post‑entry warrant under section 3UEB in response to applications made by AFP police officers.  (3) The Minister must cause copies of the report to be laid before each House of the Parliament within 15 sitting days of that House after the report is completed.  (4) An AFP police officer is a member or a special member of the Australian Federal Police (within the meaning of the Australian Federal Police Act 1979). Note: AFP police officers are police officers within the meaning of this Division (see section 3UA). Subdivision CB—Matters relating to post‑entry warrants 3UJC  Assessment officers  (1) An assessment officer is:  (a) a person:  (i) who is a Judge of the Federal Court of Australia, or a Judge of the Supreme Court of a State or Territory; and  (ii) in relation to whom a consent under subsection 3UJD(1), and a declaration under subsection 3UJD(2), are in force; or  (b) a nominated ART member.  (2) A function or power conferred on a Judge by this Division is conferred on the Judge in a personal capacity and not as a court or a member of a court.  (3) A Judge has, in relation to the performance or exercise of a function or power conferred on an assessment officer by this Division, the same protection and immunity as if the Judge were performing that function, or exercising that power, as, or as a member of, a court (being the court of which the Judge is a member).  (4) A nominated ART member has, in relation to the performance or exercise of a function or power conferred on an assessment officer by this Division, the same protection and immunity as a Justice of the High Court has in relation to proceedings in the High Court. 3UJD  Consent of Judges  (1) A Judge of the Federal Court of Australia, or of the Supreme Court of a State or Territory, may, by writing, consent to be declared an assessment officer by the Minister administering the Judiciary Act 1903 under subsection (2).  (2) The Minister administering the Judiciary Act 1903 may, by writing, declare a Judge in relation to whom a consent under subsection (1) is in force to be an assessment officer for the purposes of this Division.  (3) A consent or declaration under this section is not a legislative instrument. 3UJE  Nominated ART members  (1) The Minister administering the Administrative Review Tribunal Act 2024 (the ART Minister) may, by writing, nominate a person who holds one of the following appointments to the Administrative Review Tribunal to issue post‑entry warrants and perform related functions under this Act:  (a) Deputy President;  (b) a senior member appointed on a salaried basis.  (2) Despite subsection (1), the ART Minister must not nominate a person who holds an appointment as a senior member on a salaried basis of the Tribunal unless the person:  (a) is enrolled as a legal practitioner of the High Court, of another federal court or of the Supreme Court of a State or of the Australian Capital Territory; and  (b) has been so enrolled for not less than 5 years.  (3) A nomination ceases to be in force if:  (a) the nominated ART member ceases to hold an appointment described in subsection (1); or  (b) the ART Minister, by writing, withdraws the nomination. Subdivision D—Sunset provision 3UK  Sunset provision  (1) A police officer must not exercise powers or perform duties under this Division (other than under section 3UEB or 3UF) after 7 December 2026.  (2) A declaration under section 3UJ that is in force at the end of 7 December 2026 ceases to be in force at that time.  (3) A police officer cannot apply for, and the Minister cannot make, a declaration under section 3UJ after 7 December 2026. Division 3B—Identity information requirements, and move‑on powers, at airports 3UL  Definitions—Division 3B government photographic identity document means an identity document providing photographic identification of a person that is issued by:  (a) the government of the Commonwealth or a State or Territory; or  (b) the government of a foreign country or part of a foreign country. identity document:  (a) means a document (such as a driver’s licence, birth certificate, credit card or identity card) that evidences or indicates, or can be used to evidence or indicate, a person’s identity or any aspect of a person’s identity; but  (b) does not include a document prescribed by regulation for the purposes of this definition. major airport: see section 3UM. protective service officer means a protective service officer within the meaning of the Australian Federal Police Act 1979. public order and safe operation of a major airport: see section 3UN. relevant criminal activity: see section 3UQ. senior police officer: see section 3UQ. 3UM  Meaning of major airport  (1) For the purposes of this Division, each of the following airports is a major airport:  (a) Adelaide Airport;  (b) Alice Springs Airport;  (c) Brisbane Airport;  (d) Canberra Airport;  (e) Darwin International Airport;  (f) Gold Coast Airport;  (g) Hobart International Airport;  (h) Launceston Airport;  (i) Melbourne (Tullamarine) Airport;  (j) Perth Airport;  (k) Sydney (Kingsford‑Smith) Airport;  (l) Townsville Airport;  (m) an airport determined by the Minister under section 3UO.  (2) A reference in this Division to a major airport includes a reference to:  (a) for an airport mentioned in paragraphs (1)(a) to (l)—the place made up of the land described in relation to the airport in regulations made for the purposes of the definition of airport site in section 5 of the Airports Act 1996; and  (b) for an airport determined by the Minister under section 3UO—the place made up of the land described in the determination in relation to the airport; and  (c) for any airport mentioned in subsection (1)—any building, structure, installation or equipment situated on the relevant land mentioned in paragraph (a) or (b) of this subsection. 3UN  Meaning of public order and safe operation  (1) In this Division, the public order and safe operation of a major airport means:  (a) the public order of the airport, or flights to and from the airport; or  (b) the safety of persons at the airport, or on flights to and from the airport; or  (c) the safe operation of the airport, or flights to and from the airport.  (2) However, the exercise of a person’s right to engage lawfully in advocacy, protest, dissent or industrial action is not, by itself, to be regarded as prejudicial to the public order and safe operation of a major airport. 3UO  Determination of airports  (1) The Minister may, by legislative instrument, determine an airport for the purposes of the definition of major airport in section 3UM.  (2) A determination of an airport under subsection (1) must include a description of land in relation to the airport for the purposes of paragraph 3UM(2)(b).  (3) This Division applies in relation to an airport determined under subsection (1) only if the airport is ordinarily used for the purposes of any of the following:  (a) flights that start or end in a Territory;  (b) flights between Australia and a foreign country in which aircraft are used in the course of trade or commerce, for the carriage of passengers;  (c) flights between one State and another State in which aircraft are used in the course of trade or commerce, for the carriage of passengers.  (4) This Division may apply in relation to an airport determined under subsection (1) even if the airport is also used for a purpose other than a purpose mentioned in subsection (3). Note: See also section 3UR (move‑on directions at airports—alternative constitutional scope). 3UP  Identity information at airports Direction to give identity information  (1) A constable or a protective service officer may direct a person to give the constable or officer evidence of the person’s identity if:  (b) the constable or officer:  (i) suspects on reasonable grounds that the person has committed, is committing, or intends to commit an offence against a law of the Commonwealth or a Territory, or a law of a State having a federal aspect, punishable by imprisonment for 12 months or more; or  (ii) considers on reasonable grounds that it is necessary to give the direction to safeguard the public order and safe operation of that airport or another major airport. Evidence of identity  (2) A person must comply with a direction under subsection (1) by:  (a) producing a government photographic identity document issued in relation to the person; or  (b) if the person does not produce such a document—producing:  (i)  another identity document in relation to the person; or  (ii) if so directed by the constable or officer—2 different identity documents in relation to the person; or  (c) if the person does not produce an identity document (or documents) under paragraph (a) or (b)—giving the constable or officer the person’s name, address and date of birth. 3UQ  Move‑on directions at airports When may a direction be given?  (1) A constable or a protective service officer may give a person a direction under this section if:  (b) one or more of the following applies:  (i) the constable or officer considers on reasonable grounds that the person has contravened a direction given at that airport under section 3UP (identity information at airports) or section 3US (stop and directions powers at airports), and the constable or officer is not reasonably satisfied of the person’s identity;  (ii) the constable or officer suspects on reasonable grounds that it is necessary to give the direction to prevent or disrupt relevant criminal activity occurring at any major airport, or in relation to a flight to or from any major airport;  (iii) the constable or officer considers on reasonable grounds that it is necessary to give the direction to safeguard the public order and safe operation of that airport or another major airport.  (2) Relevant criminal activity is criminal activity involving the commission of an offence that is punishable by imprisonment for 12 months or more, against either of the following:  (a) a law of the Commonwealth or a Territory;  (b) a law of a State having a federal aspect. What type of direction may be given?  (3) The constable or officer may give a written direction to the person requiring the person to do either or both of the following:  (a) not to take a specified flight, or any flight, to or from that airport, or any specified major airport, for a specified period of no more than 24 hours after the direction is given;  (b) to leave the airport as soon as practicable, and not enter that airport, or any other specified major airport, for a specified period of no more than 24 hours after the direction is given.  (4) However, a direction covering a period of more than 12 hours must be given, or authorised (orally or in writing), by a senior police officer. Note: In addition, if, before a direction (the later direction) is given to a person, a direction had already been given to the same person within a period of 7 days before the later direction is given, the later direction must be given or authorised by a senior police officer even if the period covered by the later direction is 12 hours or less (see subsection (9)).  (5) If a senior police officer orally authorises a direction under subsection (4), the senior police officer must record the authorisation in writing as soon as practicable afterwards.  (6) A senior police officer is a constable:  (a) having the rank of sergeant or an equivalent rank, or higher; or  (b) with formal authorisation to act as a constable having such a rank.  (7) A direction given to a person under this section must be in a form approved in writing by the Minister.  (8) A form approved for the purposes of subsection (7) must, without limitation, include the following to assist a person to whom a direction is given to apply for judicial review, or interlocutory orders, in relation to the giving of the direction:  (a) details to enable the person to contact a Federal Court registry in the State or Territory in which the direction is given, or a requirement for the constable or officer giving the direction to include such details;  (b) any other information the Minister considers appropriate to assist the person to make such applications, for example information relating to the procedure for urgent or expedited applications. Restriction on later directions within 7 days  (9) After a direction (the earlier direction) is given to a person under this section, a later direction under this section may be given to a person within 7 days after the earlier direction was given only if:  (a) subsection (1) applies (or continues to apply) in relation to the person at the time the later direction is given; and  (b) the later direction is given, or authorised (orally or in writing), by a senior police officer; and  (c) no more than one later direction under this section is given within that 7‑day period; and  (d) the later direction covers a period that would end no later than 7 days after the earlier direction was given, at the same time of day at the place at which the earlier direction was given. 3UR  Move‑on directions at airports—alternative constitutional scope   Without limiting its effect apart from this section, section 3UQ also has the effect it would have if the definition of major airport in section 3UM did not include an airport determined by the Minister under section 3UO. 3US  Stop and directions powers at airports  (1) A constable or a protective service officer may give a person a direction under this section if:  (b) the constable or officer considers on reasonable grounds that it is necessary to give the direction to facilitate the exercise of a power under section 3UP (identity information at airports) or section 3UQ (move‑on directions at airports).  (2) The constable or officer may direct the person:  (a) to stop; or  (b) to do anything else the constable or officer considers on reasonable grounds to be necessary to facilitate the exercise of a power under section 3UP or 3UQ. 3UT  Constables’ and protective service officers’ duties at airports Scope of section  (1) A constable or protective service officer must comply with this section in relation to a direction given to a person under:  (a) section 3UP (identity information at airports); or  (b) section 3UQ (move‑on directions at airports). Evidence of constable’s or protective service officer’s status or identity etc.  (2) The constable or officer must:  (a) if not in uniform—before the direction is given, show the person evidence that the constable is a constable, or that the officer is an officer; and  (b) if the person so requests before or after the direction is given—comply with subsection (3); and  (c) in any case—before the direction is given, inform the person that it may be an offence not to comply with the direction, or to give the constable or officer a false or misleading document, or false or misleading information, in response to the direction.  (3) The constable or officer must give the person any of the following information if requested by the person:  (a) the constable’s or officer’s name;  (b) the address of the constable’s or officer’s place of duty;  (c) the constable’s or officer’s identification number (if any);  (d) if the constable or officer has no identification number—the constable’s or officer’s rank. 3UU  Directions at airports—offences Contravening directions  (a) the person is given a direction by a constable or protective service officer under:  (i) section 3UP (identity information at airports); or  (ii) section 3UQ (move‑on directions at airports); or  (iii) section 3US (stop and directions powers at airports); and  (c) the conduct contravenes the direction; and  (d) in the case of a direction given under section 3UP or 3UQ—the constable or officer complies with section 3UT (constables’ and protective service officers’ duties at airports). Penalty: 20 penalty units.  (2) Absolute liability applies to paragraph (1)(d). Note 1: For absolute liability, see section 6.2 of the Criminal Code. Note 2: For subsection (1), a person may contravene a direction by failing to comply with the direction (see the definition of contravene in section 2B of the Acts Interpretation Act 1901). Note 3: The following offences more serious than the offence under subsection (1) may also apply: (a) giving false or misleading information (see section 137.1 of the Criminal Code); (b) producing a false or misleading document (see section 137.2 of the Criminal Code); (c) obstructing a Commonwealth public official (see section 149.1 of the Criminal Code). Failure by constable or protective service officer to give status or identity information etc.  (3) A person commits an offence if:  (a) the person is subject to a requirement under section 3UT (constables’ and protective service officers’ duties at airports); and  (c) the conduct breaches the requirement. Penalty: 5 penalty units. engage in conduct means:  (a) do an act; or  (b) omit to perform an act. 3UV  Review of Division  (1) The Parliamentary Joint Committee on Intelligence and Security must review:  (a) the operation, effectiveness and implications of this Division; and  (b) security matters relating to major airports.  (2) The Committee must begin the review before the end of the period of 3 years beginning on the day the Crimes Legislation Amendment (Police Powers at Airports) Act 2019 commenced.  (3) The Committee must report on the review to each House of the Parliament before the end of the period of 9 months beginning on the day the review commences. Division 4—Arrest and related matters