(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.
Issue of warrant
(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.
Content of warrant
(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.
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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.
(2) Subsection (1) does not apply if:
(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
In this Division:
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.