21EAuthorisation of special powers relating to the investigation of, or recovery from, a terrorist act

21E Authorisation of special powers relating to the investigation of, or recovery from, a terrorist act

S. 21E(1) amended by No. 32/2018 s. 47(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. 21E(1)(a) amended by No. 32/2018 s. 47(2).

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

S. 21E(1)(b) amended by No. 32/2018 s. 47(3)(a).

(b) the Chief Commissioner is satisfied that the exercise of those powers 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

S. 21E(1)(b)(iii) amended by No. 32/2018 s. 47(3)(b).

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

S. 21E(1)(c) inserted by No. 32/2018 s. 47(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. 21E(1A) inserted by No. 32/2018 s. 47(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. 21E(2) amended by No. 32/2018 s. 47(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, with the written approval of the Premier, may make an application to the Supreme Court for an authorisation under this section.

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

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