Police (Terror Suspects) Variation Regulations 2019 (SA)

South Australia

Police (Terror Suspects) Variation Regulations 2019

under the Police Act 1998

Contents

Part 1—Preliminary

1            Short title

2            Commencement

3            Variation provisions

Part 2—Variation of Police Regulations 2014

4            Variation of regulation 89A—Terrorism intelligence

Part 1—Preliminary

1—Short title

These regulations may be cited as the Police (Terror Suspects) Variation Regulations 2019.

2—Commencement

These regulations come into operation on the day on which they are made.

3—Variation provisions

In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.

Part 2—Variation of Police Regulations 2014

4—Variation of regulation 89A—Terrorism intelligence

1. Regulation 89A(1)—delete subregulation (1) and substitute:

   (1)In accordance with section 74B(1) of the Act, each of the following authorities is designated as a terrorism intelligence authority:

   (a)SA Police;

   (b)the Police Force of the Northern Territory of Australia;

   (c)Victoria Police;

   (d)the Commissioner under the Corrections Act 1986 of Victoria.

2. Regulation 89A(6)—after "following kinds of offences" insert:

   against the laws of South Australia

3. Regulation 89A—after subregulation (6) insert:

   (7)For the purposes of paragraph (e) of the definition of terrorist offence in section 3(1) of the Act, the following kinds of offences against the laws of other States and Territories of the Commonwealth are prescribed:

   (a)an offence against section 310J of the Crimes Act 1900 of New South Wales;

   (b)the following offences against Schedule 1 of the Criminal Code Act 1983 of the Northern Territory:

   (i)an offence against section 51 where the unlawful organisation to which the offence relates is a terrorist organisation;

   (ii)an offence against section 53 where the unlawful organisation to which the offence relates is a terrorist organisation;

   (iii)an offence against section 54;

   (iv)an offence against section 55;

   (c)an offence against section 4B of the Terrorism (Community Protection) Act 2003 of Victoria.

   (8)In this regulation—

   terrorist organisation means an organisation referred to in paragraph (b) of the definition of terrorist organisation in Division 102 of the Commonwealth Criminal Code.

Note—

As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.

Made by the Governor's Deputy

with the advice and consent of the Executive Council

on 26 September 2019

No 214 of 2019