8Authorisation of additional powers to protect a special site or area from a terrorist act

8 Authorisation of additional powers to protect a special site or area from a terrorist act

(1)  The Commissioner of Police may, with the written approval of the Premier, apply to the Supreme Court for an order authorising the exercise of powers under Division 3 in relation to a special site or area designated by an authorisation under section 7 .

(2)  An application under subsection (1) must –

(a) be made in writing; and

(b) describe the special site or area, person or vehicle and define the boundaries of the special site or area in respect of which the application is being made; and

(c) set out the facts and other grounds on which the Commissioner of Police considers that there are reasonable grounds for suspecting that the special site or area might be the subject of a terrorist act; and

(d) explain why the giving of an authorisation to exercise powers under Division 3 in relation to the special site or area is necessary to protect the special site or area from a terrorist act; and

(e) specify the powers under Division 3 that, in the opinion of the Commissioner of Police, are reasonably necessary –

(i) to assist in protecting the special site or area, or part of the site or area, or persons in the vicinity of the site or area from a terrorist act; or

(ii) to mitigate the effects of a terrorist act on the special site or area, or part of the site or area, or on persons in the vicinity of the site or area; or

(iii) for the recovery of the special site or area, or part of the site or area from the effects of a terrorist act.

(3)  The information in the application must be sworn by the Commissioner of Police.

(4)  The Supreme Court may require the Commissioner of Police to provide any additional information that the Court requires in relation to the application.

(5)  The Supreme Court may, by order, give an authorisation for the exercise of powers under Division 3 if satisfied on reasonable grounds, that the granting of the authorisation is reasonably necessary –