21DAuthorisation of special powers to prevent, or reduce the impact of, a terrorist act

21D Authorisation of special powers to prevent, or reduce the impact of, a terrorist act

S. 21D(1) amended by No. 32/2018 s. 46(1).

(1) An interim authorisation for the exercise of the special powers conferred by this Part may be given by the Chief Commissioner in accordance with this Division if—

S. 21D(1)(a) amended by No. 32/2018 ss 44, 46(2).

(a) the Chief Commissioner is satisfied on reasonable grounds that a terrorist act is occurring or is capable of being carried out, and could occur, within the next 14 days; and

S. 21D(1)(b) amended by No. 32/2018 s. 46(3)(a).

(b) the Chief Commissioner is satisfied that the exercise of those powers will substantially assist in—

(i) preventing the terrorist act; or

S. 21D(1)(b)(ii) amended by No. 32/2018 s. 46(3)(b).

(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; and

S. 21D(1)(c) inserted by No. 32/2018 s. 46(4).

(c) subject to subsection (1A), the Premier has approved in writing the giving of the authorisation.

The Premier may delegate the power of approval to a Minister—see section 21IB.

S. 21D(1A) inserted by No. 32/2018 s. 46(5).

(1A) An interim authorisation may be given by the Chief Commissioner without the written approval of the Premier if—

(a) the Premier is not reasonably able to be contacted at the time it is given and the Premier has not delegated the power to approve an interim authorisation under section 21IB; or

(b) the Premier has delegated that power and—

(i) the Minister to whom the power is delegated is not reasonably able to be contacted at the time it is given; and

(ii) the Premier is also not reasonably able to be contacted at the time it is given.

S. 21D(2) amended by No. 32/2018 s. 46(6).

(2) As soon as practicable after the giving of an interim authorisation, the Chief Commissioner must, if he or she considers that an authorisation should have effect for a period in excess of 48 hours, make an application to the Supreme Court for an authorisation under this section.

(3) Without an interim authorisation having been given, the Chief Commissioner may make an application to the Supreme Court for an authorisation under this section.

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

S. 21D(4)(b) amended by No. 32/2018 s. 44.

(b) set out the facts and other grounds on which the Chief Commissioner considers that a terrorist act is occurring or is capable of being carried out, and could occur, within the next 14 days; and