NSWIn ForceAct
Terrorism (Police Powers) Act 2002
23BSpecial powers to declare restrictions on holding of public assemblies
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#### 23B Special powers to declare restrictions on holding of public assemblies
23B Special powers to declare restrictions on holding of public assemblies
> > (1) This section applies if—
> >
> > > (a) an authorisation is given under section 6 by a police officer, or
> >
> > > (b) a declaration is made under Part 2AAA by the Commissioner of Police.
>
> > (2) The Commissioner of Police or a Deputy Commissioner of Police may, by written instrument, make a declaration (a public assembly restriction declaration) that an area described in the declaration is an area in which the authorisation of the holding of public assemblies is restricted.
> >
> > Note—
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> > See section 23F, which provides for Ministerial concurrence or confirmation of the making of the public assembly restriction declaration.
>
> > (3) A public assembly restriction declaration may be made—
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> > > (a) within 14 days after the making of an authorisation or declaration referred to in subsection (1), and
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> > > (b) only if the Commissioner or Deputy Commissioner making the declaration is satisfied the holding of public assemblies in the area to which the declaration applies would be likely to cause—
> > >
> > > > (i) a reasonable person to fear—
> > > >
> > > > > (A) harassment, intimidation or violence, or
> > > >
> > > > > (B) for the person’s safety, or
> > >
> > > > (ii) a risk to community safety, including the safety of participants in public assemblies in the area.
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> > (4) A public assembly restriction declaration—
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> > > (a) commences when the declaration is made, and
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> > > (b) ends 14 days after the day on which the declaration is made unless the declaration—
> > >
> > > > (i) is extended under section 23C, or
> > >
> > > > (ii) ceases to have effect under section 23F(3)(b), or
> > >
> > > > (iii) is sooner revoked under section 23G.
>
> **s 23B:** Ins 2025 No 86, Sch 6\[2\].