78Exercising authorised special powers—general

78 Exercising authorised special powers—general provisions (1) While a special powers authorisation is in force, the powers under this division may be exercised by any police officer, subject to any conditions or restrictions in the authorisation, for the purposes of— (a) for a preventative authorisation—preventing the terrorist act to which the authorisation applies, reducing its impact or both; and (b) for an investigative authorisation, 1 or more of the following purposes: (i) apprehending a person responsible for the terrorist act to which the authorisation applies; (iii) reducing the impact of the terrorist act. (2) A police officer may exercise the powers— (a) without any other authority; and (b) even if the officer does not have a copy of the special powers authorisation. (3) Subsection (4) applies to a power under any of the following provisions: (a) section 79 (Power to require personal details under special powers); (b) section 80 (Power to search people under special powers); (c) section 81 (Power to search vehicles under special powers); (d) section 83 (Power to enter and search premises under special powers).

(4) Before a police officer exercises the power in relation to a person, the (a) tell the person the reason for exercising the power; and (5) Subsection (6) applies to a power under any of the following provisions: (a) section 82 (Power to move vehicles under special powers); (b) section 84 (Power to cordon target area etc under special powers); (c) section 85 (Power to seize things under special powers). (6) Before, when or as soon as possible after a police officer exercises the power in relation to a person, the officer must— (a) if asked by the person—tell the person the reason for exercising the power; and (7) The lawfulness of the exercise of special powers under a special powers authorisation is not affected by a failure to comply with subsection (4) or (6). (8) If a person was searched, or a person’s vehicle or premises were searched, under this part, the person may, not later than 1 year after the day of the search, ask the chief police officer, in writing, for a written statement that the search was conducted in accordance with this Act. (9) The chief police officer must within a reasonable time either— (a) give the person the written statement asked for; or

(b) tell the person, in writing, that the chief police officer cannot give the written statement asked for and explain why.