Division Division 2 - Public Order (Protection of Persons and Property) Regulations 2019 - Limits on exercising powers under sections 13C and 13D of the Act | Zoe
Act means the Public Order (Protection of Persons and Property) Act 1971.
authorised officer has the same meaning as in Part IIA of the Act.
identity card of an authorised officer means a card that:
(a) states that the holder of the card is an authorised officer for the purposes of Part IIA of the Act; and
(b) includes a recent photograph of the officer; and
(c) states the office held by the issuer of the card.
investigatory authority has the same meaning as in Part IIA of the Act.
Note: Part IIA of the Act and Part 2 of this instrument apply only to investigatory authorities mentioned in section 6 of this instrument.
Part 2—Provisions relating to premises of certain investigatory authorities
Division 1—Investigatory authorities to which Part IIA of the Act applies
6 Investigatory authorities to which Part IIA of the Act applies
The following investigatory authorities are prescribed for the purposes of Part IIA of the Act:
(a) the Australian Criminal Intelligence Commission;
(b) the National Anti‑Corruption Commissioner.
Division 2—Limits on exercising powers under sections 13C and 13D of the Act
7 Authority
This Division is for the purposes of subsections 13C(1) and 13D(1) of the Act.
8 Revealing status as authorised officer before exercising power
Before exercising a power under section 13C or 13D of the Act in relation to a person, an authorised officer for an investigatory authority must, if practicable:
(a) tell the person that the officer is an authorised officer for the purposes of Part IIA of the Act; and
(b) if the officer is a constable—show the person the officer’s identification as a constable; and
(c) if the officer is not a constable—show the person the officer’s identity card.
9 Explaining before conducting frisk search
Before conducting a frisk search of a person under section 13D of the Act, an authorised officer for an investigatory authority must, if practicable, tell the person about:
(a) the procedure for the frisk search; and
(b) the effect of subsections 13D(4), (5) and (7) of the Act.
Division 3—Dealing with information given in response to a requirement made under Part IIA of the Act
10 Authority
This Division is for the purposes of section 13H of the Act, so far as that section relates to providing for the dealing with information given by a person in response to a requirement made under Part IIA of the Act.
11 Disclosing information
(1) An authorised officer for an investigatory authority who obtains information under section 13C of the Act may disclose the information to a Police Force.
(2) An authorised officer for the Australian Criminal Intelligence Commission may disclose information obtained under section 13C of the Act to the Chief Executive Officer of the Commission.
(3) An authorised officer for the National Anti‑Corruption Commissioner may disclose information obtained under section 13C of the Act to the National Anti‑Corruption Commissioner.
(4) Despite subsections (1), (2) and (3), an authorised officer for an investigatory authority may disclose information under one of those subsections only if the officer reasonably believes it is necessary in the interests of security to do so.
12 Recording information electronically
Information obtained under section 13C of the Act may be recorded electronically.
Division 4—Returning identity cards
13 Returning identity cards
A person who ceases to be an authorised officer for an investigatory authority and holds an identity card must give the card as soon as practicable to:
(a) the person who issued it; or
(b) if that person is unavailable—another person authorised by the investigatory authority to receive the card.
Part 3—Transitional provisions
Division 1—Provisions for this instrument as originally made
14 Application of Division 3 of Part 2
Division 3 of Part 2 applies to information given by a person in response to a requirement made under Part IIA of the Act, whether the information was given before, on or after the commencement of this instrument.