9Authorisation of powers to prevent, or reduce the impact of, a terrorist act

9 Authorisation of powers to prevent, or reduce the impact of, 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 on reasonable grounds that a terrorist act is occurring or that there is a threat of a terrorist act occurring within the next 14 days; and

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

(i) preventing the terrorist act; or

(ii) reducing the impact of the terrorist act, or of the threat of a terrorist act, on the health or safety of the public or on property.

(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 is occurring or the threat of a terrorist act.

(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 is occurring or that there is a threat of a terrorist act occurring within the next 14 days; and

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

(i) preventing the terrorist act; or

(ii) reducing the impact of the terrorist act, or of the threat of a terrorist act, on the health or safety of the public or on property.