10Authorisation of powers relating to the investigation of, or recovery from, a terrorist act

10 Authorisation of powers relating to the investigation of, or recovery from, a terrorist act

(1)  An interim authorisation for the exercise of powers under Divisions 2 and 3 may be given by the Commissioner of Police, with the written approval of the Premier, if the Commissioner of Police –

(a) is satisfied that there are reasonable grounds for believing that a terrorist act has occurred or is occurring; and

(b) is satisfied that the exercise of those powers will substantially assist in –

(i) apprehending persons responsible for the terrorist act; or

(ii) the investigation of the terrorist act, including the preservation of evidence of, or relating to, the terrorist act; or

(iii) the necessary recovery process for the community in the aftermath of the terrorist act.

(2)  The Commissioner of Police must, if he or she considers that an authorisation to exercise powers under Division 3 should have effect for a period in excess of 72 hours, make an application to the Supreme Court for an authorisation under this section.

(3)  Without an interim authorisation having been given, the Commissioner of Police may, with the written approval of the Premier, make an application to the Supreme Court for an authorisation to exercise powers under Division 3 in relation to a terrorist act that has occurred or is occurring.

(4)  An application under subsection (2) or (3) must –

(a) be made in writing; and

(b) set out the facts and other grounds on which the Commissioner of Police considers that a terrorist act has occurred, or is occurring; and

(c) explain how the exercise of powers under Division 3 will substantially assist in –

(i) apprehending the persons responsible for the terrorist act; or

(ii) the investigation of the terrorist act, including the preservation of evidence of, or relating to, the terrorist act; or