Terrorism (Emergency Powers) Act 2003

Terrorist act (s 5) is the central triggering concept. It requires (a) an action that causes or threatens one of six listed harms (serious physical harm, death, property damage, endangering life, serious risk to public health/safety, or serious disruption of electronic systems), (b) intention to advance a political, religious or ideological cause, and (c) intention to coerce or influence a government or intimidate the public. The Act excludes advocacy, protest, dissent or industrial action unless intended to cause those harms.

Target (s 7(2)) is the person, vehicle, or area that is the subject of an authorisation under Part 2. The identification of the target in the authorisation determines the scope of powers that may be exercised.

Authorisation (s 8) is a written or oral grant of powers by the Commissioner or an authorised Assistant Commissioner, with the Police Minister’s agreement (or urgently without it). It must specify the target, purpose, and duration. It cannot be challenged (s 12(2)).

Special area declaration (s 20B) is a declaration by the Commissioner, approved by the Police Minister, that a defined area (e.g., airport, train station, special event, large public gathering place) is a special area because of the nature of the site and risk of a terrorist act. The declaration must be gazetted (though failure to publish does not invalidate it - s 20G) and operates for up to 28 days, extendable for 7-day periods.

Preventative detention order (s 21G) is an order made by an eligible Supreme Court Judge authorising the detention of a person for up to 14 days to prevent an imminent terrorist act or to preserve evidence of a recent terrorist act. The order must be reviewed by the Supreme Court (s 21P) and cannot be made for a person under 16 years of age (s 21M).

Prohibited contact order (ss 21Q, 21R) is an order made by an eligible Judge that prohibits a detainee from contacting specified persons while detained under a PDO. It may be sought at the time of the PDO application or afterwards.

Covert search warrant (s 27D) is a warrant issued by a Supreme Court Judge authorising entry to and search of a place without the knowledge of any occupier, to assist in preventing or responding to a terrorist act. It must be applied for by a police officer of or above Assistant Commissioner rank and must be issued within 30 days.

Contaminant (s 4) is defined as a radioactive substance, biological organism, gas, poison, or any other substance that is a risk to public health or safety.

Identification material (s 21A) includes DNA samples, fingerprints, palm prints, footprints, voice recordings, handwriting samples, and photographs (other than security camera recordings) taken from a person detained under a PDO.

National security (s 21A) has the same meaning as in the Commonwealth National Security Information (Criminal and Civil Proceedings) Act 2004, and is used to justify withholding information from summaries of grounds and from disclosure in proceedings.

Corresponding law (s 21A) means Commonwealth Division 105 of the Criminal Code (Cth) or a law of another State or Territory that provides for preventative detention in relation to terrorist acts. This concept is used to aggregate detention periods and to chain multiple orders.

The Act directly affects police officers, particularly the Commissioner, senior officers of or above Assistant Commissioner, authorised police officers (superintendent and above), and all members of the Police Force. The Act empowers them to exercise coercive powers without warrant in many circumstances, such as searching persons and vehicles in a target area or special area, entering premises, detaining persons under a PDO, and conducting covert searches. The Act also imposes duties on them: to inform detainees, treat them humanely, report to the Attorney-General and Police Minister, and table reports in the Legislative Assembly. Police officers are protected from civil and criminal liability for acts done in good faith (s 35), but the Territory retains liability for those acts.

The Police Minister is a key decision-maker, required to agree to authorisations (s 8(3)), approve special area declarations (s 20B(3)), extend authorisations (s 10(5)), extend appointments of recognised law enforcement officers (s 32(5)), and receive and table reports. The Minister may also revoke authorisations (s 11(3)) and direct revocation of special area declarations (s 20E(2)).

The Attorney-General receives reports from the Commissioner on authorisations and special area declarations (ss 13, 20H, 21ZS, 27Z). The Commissioner must report annually on the exercise of powers under Part 2B (PDOs) and Part 3A (covert search warrants) to the Police Minister, who tables the reports in the Legislative Assembly.

Supreme Court Judges are involved in the PDO regime - eligible Judges (declared by the Administrator with the Judge’s consent, s 21C) hear applications for PDOs and prohibited contact orders, and the Supreme Court reviews PDOs (s 21P). For covert search warrants, a Supreme Court Judge (not necessarily an eligible Judge) issues the warrant on application (s 27H). The Court hears applications for revocation or variation of PDOs and prohibited contact orders (ss 21S, 21T). The Act imposes suppression orders in such proceedings (s 21U). Local Court Judges determine applications for orders concerning seized items under the special area regime (s 20T) and for taking identification material from minors or incapable persons (s 21ZQ(3)).

Persons suspected of involvement in terrorist acts are the primary targets of authorisations, special area searches, and PDOs. They may be searched, detained, have their identity required, and be subject to seizure of property. The Act also affects family members, employers, lawyers, and other contacts of detainees, since contact is heavily restricted and disclosure of a PDO is an offence (s 21ZO). Interpreters who assist monitoring contacts are also subject to disclosure offences. Suppliers of potential terrorism hazards (s 31) may be required by the Commissioner to report thefts, sales, or inquiries about specified substances or things. Members of the public may be directed to leave an area, remain in an area, not enter an area, or assist a police officer (s 34); failure to comply is an offence (s 36). Occupiers of premises may have their premises entered and searched covertly, and they cannot be told (s 27Y prohibits disclosure).

Commissioner of Correctional Services and CEO (Youth Justice) may be required to detain persons under a PDO at a custodial correctional facility or youth detention centre, and receive copies of orders (ss 21J, 21ZC). The Ombudsman and Ethical and Professional Standards Command receive complaints from detainees (s 21ZJ). Recognised law enforcement officers from other jurisdictions (AFP, other state/territory police) may be appointed by the Commissioner to exercise powers under the Act (ss 32, 33).

Duties of police officers: Before or when exercising a power, a police officer must give the person subject to the power the reason for its exercise and, if requested, evidence that the officer is a police officer and the officer’s name and place of duty (s 39). Searches must comply with the Schedule, which imposes duties concerning privacy and dignity: inform the person whether clothing will be removed, ask for cooperation, conduct the search in a private area (for strip searches), ensure the least invasive search method is used, and not search genital areas or female breasts unless necessary. Strip searches of children under 10 are prohibited (Schedule cl 6). For PDOs, the police officer detaining the person must explain the effect of the order (s 21ZD), give a copy of the order and a summary of grounds (s 21ZF), and treat the person humanely with respect for human dignity (s 21ZG). The officer must not question the person except for limited purposes (s 21ZP). The officer must arrange for an interpreter if the person cannot communicate in English (s 21ZE). The nominated police officer (of or above superintendent, not involved in the application) must oversee functions and consider representations (s 21X). The officer must apply for revocation or variation if grounds cease to exist (s 21T). Seized items must be returned if they are no longer needed as evidence, lawful to possess, and pose no risk (s 41). The Commissioner must provide annual reports on PDOs and covert search warrants (ss 21ZS, 27Z).

Rights of persons: A person who is the subject of a search or detention has the right to know the reason, to request the officer’s details, and to be searched in a way that preserves privacy and dignity. A person detained under a PDO has the right to contact family members, an employer, business associates, and housemates once (s 21ZI), to contact the Ombudsman or Ethical and Professional Standards Command (s 21ZJ), and to contact a lawyer for advice about legal rights, to arrange representation for court proceedings or complaints, and for appearances (s 21ZK). A detainee under 18 or incapable of managing his or her affairs has enhanced contact rights: up to 2 hours (or longer as specified in the order) each day with a parent, guardian, or decision maker, or another suitable person (s 21ZL). The detainee is entitled to contact these persons by telephone, fax, email, or visit, but the contact must be monitored (s 21ZM). The detainee may apply to the Supreme Court for revocation or variation of a PDO or prohibited contact order (s 21S). The detainee may seek a remedy from a court (s 21ZU). The detainee has the right to have identification material destroyed after 12 months if no proceedings are brought (s 21ZR). A person subject to a seizure notice may request the return of the seized item within 90 days (s 20R) or apply to a Local Court Judge (s 20T).

The Act creates numerous criminal offences, primarily summary in nature, with penalties ranging up to 5 years’ imprisonment. The key offences are:

• Failing to comply with a direction given under the Act (s 36): maximum 200 penalty units or imprisonment for 12 months.
• Obstructing or hindering a police officer or assistant exercising a power (s 37): 200 penalty units or 12 months.
• Resisting a police officer or inciting resistance (s 38): 200 penalty units or 12 months.
• Refusing or failing to disclose identity and address when requested under an authorisation (s 16) or in a special area (s 20L), or giving false information: 100 penalty units or 6 months.
• Entering or leaving a restricted area (s 22A) or tampering with a cordon (s 30): 200 penalty units or 12 months.
• Compulsory reporting - failing to comply with a notice from the Commissioner to report thefts or unusual sales of potential terrorism hazards (s 31): 200 penalty units or 12 months.
• Offences relating to PDOs: failing to explain the effect of a PDO (s 21ZD - 2 years), questioning a detainee unlawfully (s 21ZP - 2 years), taking identification material unlawfully (s 21ZQ - 2 years), misusing identification material (s 21ZR - 2 years), and disclosure offences (s 21ZO - 5 years for detainees, lawyers, parents/guardians, interpreters, and any further disclosure recipients). Humane treatment - a person who subjects a detainee to cruel, inhuman or degrading treatment commits an offence (s 21ZG - 2 years).
• Covert search warrant offences: giving false or misleading information in an application or report (s 27X - 100 penalty units or 2 years), publishing confidential information about a covert search warrant without court approval (s 27Y - 5 years). Breach of suppression orders in PDO proceedings (s 21U - 5 years).

Enforcement powers: Police may use reasonable force in exercising powers (s 28). They may seize and detain things found in connection with a search that are suspected of being used or intended for use in a terrorist act, evidence of an indictable offence, or significantly increasing risk to public health or safety (s 29). They may require any person to assist them (s 34); a person who fails to assist without reasonable excuse commits an offence. The Act provides protection from civil and criminal liability for police officers, the Chief Health Officer, and persons assisting a police officer for acts or omissions done in good faith (s 35). However, the Territory remains liable and the provisions are subject to Part VIIA of the Police Administration Act 1978 regarding civil liability of police.

Onus of proof: For any offence against the Act or Regulations that has a defence of reasonable excuse, the onus of proving reasonable excuse lies on the accused (s 44). This reverses the usual criminal burden.

Acquisition of property: If property is acquired under the Act otherwise than on just terms, the person from whom it is acquired is entitled to just compensation, determinable by a court of competent jurisdiction (s 42). This preserves constitutional protection against unjust acquisition.

Section 43 is the central interaction provision. Subsection (1) provides that other Acts do not limit any powers, or prevent a police officer from exercising any powers, that the officer has under this Act. This clause gives the Act a trumping effect over other Territory legislation during its operation. Subsection (2) provides that this Act does not limit any powers the officer has under another Act - thus existing police powers continue unaffected. The combined effect is that the Terrorism (Emergency Powers) Act operates in addition to, and is not displaced by, other laws.

The Act defines corresponding law (s 21A) to include Commonwealth Division 105 of the Criminal Code (Cth) and laws of other States or Territories that provide for preventative detention in relation to terrorist acts. This interaction is detailed: the maximum period of detention under a PDO is reduced by any time the person was actually detained under a corresponding law against the person in relation to the same terrorist act (s 21K(1)). However, if the PDO is made on the basis of preserving evidence of a past terrorist act, detention under a corresponding law made on the basis of prevention does not reduce the maximum (s 21K(2)). A PDO may take effect on the cessation of an order under a corresponding law (s 21L(1)(a)). Multiple orders may be made, including to take effect on expiration of detention under a corresponding law (s 21N). The application for a PDO must disclose information about any periods the person has been detained under a corresponding law and any control orders under Division 104 of the Criminal Code (Cth) (s 21F).

The Act also references the Criminal Code (NT) in sections 20M(4), 20N(4) and 27R(2): a person detained under a search or stop power is in lawful custody for the purposes of s 112(1) of the Criminal Code (which concerns escape from lawful custody).

The Act provides that client legal privilege is not affected (s 21ZT), and any communication between a detainee and a lawyer for a permitted purpose is not admissible in evidence against the detainee (s 21ZM(5)).

Other Acts such as the Police Administration Act 1978, the Correctional Services Act 2014, the Youth Justice Act 2005, the Public and Environmental Health Act 2011, and the Legal Profession Act 2006 are referenced for definitions and operational matters. The Schedule on searches cross-references rules about transgender persons (from the Anti-Discrimination Act?). The acquisition compensation provision in s 42 invokes the just terms principle that may interact with the Commonwealth Constitution.

Part VIIA of the Police Administration Act 1978 is preserved; the protection from liability in s 35(2) is subject to that Part regarding civil liability of police officers (s 35(3A)).

The Terrorism (Emergency Powers) Act 2003 was enacted as Act No. 22 of 2003, assented 29 May 2003 and commenced 2 July 2003 (Gazette G26, 2 July 2003, p 2). The version as in force at 5 January 2018 reflects a series of amendments. The most significant amendment was the Terrorism (Emergency Powers) Amendment Act 2006 (Act No. 17, 2006), which inserted the entirety of Parts 2A (Special area declarations), 2B (Preventative detention orders), and 3A (Covert search warrants), as well as changes to definitions, authorisation provisions, and reporting obligations. This amendment also added sections on extraterritoriality (s 4A), directions to public authorities (s 12A), new definitions, and renumbered the original section 21 to section 21 (now the object provision for Part 2B). The 2006 Act commenced on 28 June 2006.

Other amendments include:

• Police Administration Amendment (Powers and Liability) Act 2005 (No. 11, 2005) - amended s 35 regarding protection of persons acting under the Act.
• Statute Law Revision Act 2005 (No. 44, 2005) - formal amendments.
• Legal Profession (Consequential Amendments) Act 2007 (No. 7, 2007) - updated definition of “lawyer” in s 21A.
• Public and Environmental Health Act 2011 (No. 7, 2011) - amendments to definitions and references.
• Penalties Amendment (Chief Minister’s and Other Portfolios) Act 2011 (No. 27, 2011) - updated penalty units in various offence provisions.
• Evidence (National Uniform Legislation) (Consequential Amendments) Act 2012 (No. 23, 2012) - amended s 21ZT regarding client legal privilege.
• Advance Personal Planning (Consequential Amendments) Act 2013 (No. 36, 2013) - amended s 21ZL regarding decision makers.
• Correctional Services (Related and Consequential Amendments) Act 2014 (No. 27, 2014) - amended references to custodial correctional facilities and the Commissioner of Correctional Services.
• Local Court (Related Amendments) Act 2016 (No. 8, 2016) - substituted references from “Magistrate” to “Local Court Judge” in ss 20T, 21C, 21ZQ, 27K, 27Q, 27T, 27U, 27W, 27X, and others.
• Terrorism (Emergency Powers) Amendment Act 2016 (No. 26, 2016) - extended the sunset date for Part 2B to 30 June 2026 (previously a sunset provision existed with an earlier date), and made associated amendments.
• Youth Justice Legislation Amendment Act 2017 (No. 19, 2017) - amended definitions and references to CEO (Youth Justice) and youth detention centres, effective 5 January 2018.

General amendments of a formal nature by the Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018) are listed in the endnotes but post-date the version (5 Jan 2018) and are noted for completeness.

The Act includes a review provision (s 47): the Police Minister must, within 5 years after the commencement of the 2006 Amendment Act, review the operation of the Act and table a report. That review was due by 2011.

The Act itself contains notable ouster clauses that limit judicial review. Section 12(2) provides that an authorisation and any decision of the Police Minister under Part 2 may not be challenged, reviewed, quashed or called into question on any grounds whatsoever before a court, tribunal, body or person, and cannot be restrained by injunction or proceedings in the nature of prohibition or mandamus. Similarly, s 20F(2) provides the same ouster for a special area declaration or a decision of the Police Minister under Part 2A. These clauses purport to entirely exclude the jurisdiction of courts to review the making of these instruments, though they do not affect anything lawfully done before cessation (ss 12(1), 20F(1)). In practice, these clauses would be subject to constitutional challenge on the basis of the Kable doctrine (invalidity of legislation purporting to oust the supervisory jurisdiction of the Supreme Court) or the principle of judicial review of executive action, but no case law is cited in the Act.

In contrast, preventative detention orders are subject to extensive judicial oversight: they are made by an eligible Judge after application (s 21G), must be reviewed by the Supreme Court as soon as practicable after the person is taken into custody (s 21P), and the detainee may apply for revocation or variation (s 21S). The review proceeding is heard in the absence of the public, and the Court may suppress publication (s 21U). The Act explicitly preserves legal proceedings for a remedy in relation to a PDO, prohibited contact order, or the treatment of a person (s 21ZU). That section also allows a court to order the Commissioner to provide the information put before the eligible Judge, subject to national security.

Covert search warrants are issued by a Supreme Court Judge on application (s 27H). The application and all matters arising must be dealt with in the absence of the public (s 27W). The warrant is not invalidated by a defect that does not affect substance (s 27V). A further application for the same warrant after refusal is barred unless additional information is provided (s 27K). Publication of information about a covert search warrant is an offence (s 27Y), which effectively prevents any public litigation about the warrant’s validity unless court approval is obtained.

Seizure under the special area regime is subject to Local Court oversight: the owner may request return within 90 days, and if the police officer refuses, the officer must apply to a Local Court Judge for an order (ss 20Q-20T). The owner is entitled to appear and be heard (s 20T(2)).

Identification material taken under a PDO can only be taken with consent or on order of a Local Court Judge for minors or incapable persons (s 21ZQ). The material must be destroyed after 12 months if no proceedings are brought (s 21ZR). Misuse of identification material is an offence.

The Act does not cite any specific cases in its text. There is no litigation history recorded in the provisions. Practitioners should be aware that the ouster clauses in ss 12(2) and 20F(2) may be challenged on constitutional grounds, but no such litigation is referenced in the legislation itself.

Several provisions contain traps for the unwary, particularly for defence lawyers, police officers, and those advising public authorities.

1. Ouster of judicial review for authorisations and special area declarations (ss 12(2), 20F(2)): these clauses purport to prevent any challenge whatsoever. While their constitutional validity may be questioned, they create a practical barrier. Police acting under an authorisation cannot be sued for trespass or false imprisonment based on the validity of the authorisation, since s 12(3) provides that any police officer may exercise the powers whether or not he or she has been notified of the terms.

2. Authorisation itself creates reasonable suspicion (s 45): If an authorisation is in force on the ground that a terrorist act has occurred or is likely, that fact alone gives a police officer reasonable grounds to suspect the same. This lowers the threshold for exercising search powers under ss 16-20 - the officer need not have independent suspicion.

3. Onus of proof of reasonable excuse on accused (s 44): In proceedings for offences under the Act, the person charged must prove any reasonable excuse on the balance of probabilities. This reverses the usual criminal burden and applies to all offences in the Act.

4. Failure to publish a special area declaration does not make it ineffective (s 20G). A person may be searched or directed in an area that was declared but not gazetted. The only notice might be the police officer’s word.

5. PDO maximum period reduction trap (s 21K(1)): The 14-day maximum is reduced by any period the person was actually detained under a PDO or a corresponding law order against that person in relation to the same terrorist act. However, if the PDO is for evidence preservation (post-event), prior detention for prevention does not reduce the period (s 21K(2)). Note the definition of “same terrorist act” (s 21B) - if the expected date of the terrorist act changes, it ceases to be the same terrorist act, allowing fresh orders.

6. No PDO for under 16s (s 21M): Any purported order for a person under 16 is invalid, and if the officer reasonably believes the person is under 16, the person must be released. But the Act does not specify a mechanism to verify age; the detainee may bear the onus of proving age if challenged.

7. Questioning prohibition (s 21ZP): While detained under a PDO, a police officer must not question the person except for determining identity, ensuring safety, or complying with Part 2B. The maximum penalty is 2 years. This is a strict prohibition - any evidence obtained from unlawful questioning would likely be inadmissible, and the officer may be criminally liable.

8. Extensive disclosure offences (s 21ZO): Not only the detainee but also lawyers, parents/guardians, interpreters, and even recipients of disclosures commit offences for sharing information about the PDO, the place of detention, or the prohibited contact order. The only exceptions are for specific permitted purposes (court proceedings, complaints to Ombudsman, representations to nominated police officer). Even saying “they are safe but not contactable” is not an offence (s 21ZO(4)), but care must be taken.

9. Covert search warrant - no disclosure allowed (s 27Y): Publishing any confidential information about a covert search warrant, application, or report is an offence punishable by 5 years’ imprisonment. This includes telling the occupier that a warrant has been executed, unless the court approves. The prohibition lasts even after the warrant expires.

10. Police may require assistance from any person (s 34): A police officer may require a person to assist in exercising a power or in arresting a person suspected of terrorist involvement. Refusal without reasonable excuse is an offence. This imposes a duty on ordinary members of the public.

11. Protection from liability (s 35): Police officers and assistants are immune from civil and criminal proceedings for acts or omissions in good faith. However, the Territory may still be liable (s 35(3)), and the immunity is subject to Part VIIA of the Police Administration Act 1978 regarding civil liability of police (s 35(3A)). This means a person harmed by a police officer’s act may still sue the Territory, but not the officer personally.

12. Just compensation for acquisition (s 42): If property is acquired otherwise than on just terms, the owner is entitled to compensation. But the Act does not specify who decides “just terms” - it says a court of competent jurisdiction may determine amount or make orders. This may require litigation.

13. Sunset for PDO regime (s 21ZV): From 30 June 2026, no new PDOs or prohibited contact orders may be applied for or made, and any existing orders cease. The entire Part 2B will have no further operation from that date unless new legislation extends it. Practitioners should note the current sunset date.

14. No strip search of children under 10 (Schedule cl 6): A strip search cannot be conducted on a person under 10. But a frisk search or ordinary search may still be conducted.

15. Searches of minors and incapable persons (Schedule cls 3, 5): Strip searches are permissible only if the person is suspected of being the target of an authorisation and the officer reasonably suspects necessity and seriousness/urgency. For children aged 10-17 or persons with impaired intellectual functioning, a parent or guardian must be present unless not reasonably practicable.

Compliance obligations under the Act fall on different actors: police officers exercising powers, officials issuing authorisations and declarations, persons subject to directions, and suppliers of potential terrorism hazards.

For police officers and the Commissioner: Before exercising any coercive power under the Act, the officer should ensure the necessary preconditions are met. For an authorisation under Part 2, the officer must be satisfied that a terrorist act has occurred or is likely in the near future and that the powers will substantially assist (s 6). The authorisation must be given by the Commissioner or an authorised Assistant Commissioner, with the Police Minister’s agreement unless urgent (s 8). It must specify the target, purpose, and duration (s 9) and cannot exceed 7 days (extendable). The officer should document the grounds and ensure the authorisation is confirmed in writing if given orally. Powers must be exercised only for the purposes stated (s 15). The officer must provide reasons to the person subject to the power and give details on request (s 39). Searches must comply with the Schedule - reasonable privacy, least invasive method, same-gender searcher for strip searches (cl 4). An authorisation cannot be challenged, but the Commissioner must report to the Attorney-General and Police Minister after it ceases (s 13), and the Police Minister must table the report within 6 months (s 14).

For special area declarations (Part 2A): The Commissioner must be satisfied the declaration is required because of the nature of the site and the risk of a terrorist act, and must obtain the Police Minister’s approval (s 20B). The declaration must be gazetted (though failure does not invalidate) and describe the boundaries and times (s 20C). It operates for up to 28 days, extendable by further 7-day declarations (s 20D). Powers within a special area - stopping and searching persons and vehicles, requiring identity and reason for being in the area - may be exercised without suspicion of an individual’s involvement; the mere presence in the area is enough (s 20K). Items seized must be the subject of a seizure notice within 7 days (s 20Q), and the owner may request return within 90 days (s 20R). If return is refused, the police officer must apply to a Local Court Judge within 5 days (s 20S). Reports to the Attorney-General and Police Minister are due as soon as practicable after the declaration ceases (s 20H), and the Police Minister must table within 7 sitting days (s 20J).

For preventative detention orders (Part 2B): An authorised police officer (superintendent or above authorised by a senior officer) may apply to an eligible Supreme Court Judge. The application must be by affidavit (or by urgent electronic means) and must fully disclose all relevant matters favourable and adverse (s 21F). The officer must be satisfied of the grounds in s 21E. If the order is made, the officer must take the person into custody and arrange for immediate review by the Supreme Court (s 21P). The officer must inform the detainee of the order, its duration, the review, contact rights, complaint rights, and the right to seek a remedy (s 21ZD). A copy of the order and summary of grounds must be given (s 21ZF). The detainee must be treated humanely (s 21ZG). Contact is strictly limited to one call to family, employer, etc., plus Ombudsman and lawyer (ss 21ZI-21ZK). All contact must be monitored (s 21ZM). The officer must not question the detainee except for identity, safety, or compliance (s 21ZP). Identification material may be taken only with consent or for identity confirmation or documenting injury, and must be destroyed after 12 months if no proceedings (s 21ZR). The nominated police officer must oversee the process and consider representations (s 21X). If grounds cease, the officer must apply for revocation (s 21T). Annual reports are required (s 21ZS). Note the sunset date (s 21ZV).

For covert search warrants (Part 3A): Only a police officer of or above Assistant Commissioner may apply to a Supreme Court Judge (s 27B). The application must be by affidavit (or urgent electronic communication) and include detailed information about the place, persons, powers sought, and any previous applications (s 27G). The Judge must consider reliability of information, connection to the terrorist act, necessity, and impact on privacy (s 27H). The warrant expires after 30 days (s 27L). Execution must be covert; assistants may be used (s 27S). Re-entry for returning or retrieving items is allowed within 7 days if authorised (s 27Q). After execution, the serving police officer must report to the issuing Judge within 10 days (s 27U). The Commissioner must report annually on use of covert search warrants (s 27Z). No publication of information about the warrant is permitted without court approval (s 27Y).

For members of the public and persons in contact with authorities: A person who is asked to disclose identity and address under an authorisation or in a special area must comply (s 16, 20L). A person given a direction under Part 3 (movement, quarantine, decontamination) must comply (s 36). A person must not obstruct a police officer (s 37). A person who is a supplier of a potential terrorism hazard and receives a notice from the Commissioner must report thefts, sales, or inquiries about specified substances (s 31). A person who becomes aware of a PDO must not disclose that information except as permitted (s 21ZO). A person asked to assist a police officer (s 34) must do so unless there is a reasonable excuse. In all cases, the onus of proving reasonable excuse lies on the person (s 44), so documentation of the excuse is advisable.