VICIn ForceAct
Terrorism (Community Protection) Act 2003
21IDuration of authorisation
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21I Duration of authorisation
(1) An authorisation given has effect, unless sooner revoked, during the period beginning when it is given (or at such later time or date as is specified in the authorisation) and ending at the time and on the date specified in the authorisation.
(2) The period an authorisation has effect must not exceed—
S. 21I(2)(a) amended by No. 32/2018 s. 49(1).
(a) in the case of an interim authorisation given by the Chief Commissioner under section 21D or 21E—48 hours; or
(b) in the case of an authorisation given by the Supreme Court under section 21D or 21E—14 days.
(3) An authorisation given by Order in Council under section 21F has effect during the period or periods specified in it until the end date specified in it, not being a date later than the first anniversary of the date on which it is given.
(4) The Chief Commissioner may at any time revoke an interim authorisation given by him or her.
S. 21I(4A) inserted by No. 32/2018 s. 49(2).
(4A) The Premier may at any time revoke an interim authorisation given by the Chief Commissioner in accordance with section 21D(1A) or 21E(1A) if the Premier is not satisfied of the matters in section 21D(1)(a) and (b) or 21E(1)(a) and (b) (as the case requires).
S. 21I(4B) inserted by No. 32/2018 s. 49(2).
(4B) If the Premier has delegated the power to approve an interim authorisation under section 21IB, the Minister to whom the power is delegated may at any time revoke an interim authorisation given by the Chief Commissioner in accordance with section 21D(1A) or 21E(1A) if the Minister is not satisfied of the matters in section 21D(1)(a) and (b) or 21E(1)(a) and (b) (as the case requires).
S. 21I(4C) inserted by No. 32/2018 s. 49(2).
(4C) If the Premier or the Minister revokes an interim authorisation under subsection (4A) or (4B), the Premier or the Minister (as the case requires) must notify the Chief Commissioner in writing.
S. 21I(4D) inserted by No. 32/2018 s. 49(2).
(4D) The revocation of an interim authorisation under subsection (4A) or (4B) takes effect when the Chief Commissioner receives the notification referred to in subsection (4C).
(5) The cessation of an authorisation (by revocation or otherwise) does not affect anything lawfully done in reliance on the authorisation before it ceased to have effect.
(6) The cessation of an authorisation does not prevent a further authorisation being given.
S. 21IA inserted by No. 32/2018 s. 50.
21IA Variation of interim authorisation
(1) The Premier, or if the Premier has delegated the power to approve an interim authorisation under section 21IB, the Minister to whom the power is delegated, may at any time vary an interim authorisation given by the Chief Commissioner in accordance with section 21D(1A) or 21E(1A).
(2) If the Premier or a Minister varies an interim authorisation under subsection (1), the Premier or Minister (as the case requires) must notify the Chief Commissioner in writing.
(3) The variation of an interim authorisation under subsection (1) takes effect when the Chief Commissioner receives the notification referred to in subsection (2).
(4) The variation of an interim authorisation does not affect anything lawfully done in reliance on the interim authorisation before it was varied.
S. 21IB inserted by No. 32/2018 s. 50.
21IB Premier may delegate power to approve interim authorisation
(1) The Premier may by instrument delegate to a Minister the power to approve an interim authorisation given by the Chief Commissioner under section 21D or 21E.
(2) The Premier must give the Chief Commissioner a copy of the delegation.
S. 21J inserted by No. 5/2006 s. 5.