Terrorism (Extraordinary Temporary Powers) Amendment Act 2011 (ACT)

Terrorism (Extraordinary Temporary Powers) Amendment Act 2011

A2011-39

Contents

Page

1. Name of Act  2

2. Commencement  2

3. Legislation amended  2

4. No preventative detention orders for children

   
   

   Section 11 (2) (b)  2

5. New section 11 (4)  3

6. Setting aside or amending preventative detention orders

   
   

   Section 31 (3), new note  3

7. Exercising authorised special powers—general provisions

   
   

   Section 78 (5) (b)  3

8. Section 78 (9)  3

9. Section 100  4

10. Expiry of Act etc

    
    

    Section 101 (1)  4

Terrorism (Extraordinary Temporary Powers) Amendment Act 2011

A2011-39

An Act to amend the Terrorism (Extraordinary Temporary Powers) Act 2006

The Legislative Assembly for the Australian Capital Territory enacts as follows:

1. Name of Act

   This Act is the Terrorism (Extraordinary Temporary Powers) Amendment Act 2011.

2. Commencement

   This Act commences on the day after its notification day.

   NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

3. Legislation amended

   This Act amends the Terrorism (Extraordinary Temporary Powers) Act 2006.

4. No preventative detention orders for children
   Section 11 (2) (b)

   substitute

   (b)if, after making the inquiries, the police officer believes on reasonable grounds that the person is a child, the police officer must release the person from detention under the order as soon as practicable and, unless there is some other basis for detaining the child—

   (i)arrange for the child to be escorted by a police officer to the child’s home; or

   (ii)arrange for a person with parental responsibility for the child to collect the child from the place where the child is detained; or

   (iii)release the child.

   (2A)If a police officer releases a child under subsection (2) (b) (iii), the police officer must tell the CYP director-general about the release as soon as practicable after the release.

5. New section 11 (4)

   insert

   (4)In this section:

   CYP director-general means the director-general responsible for the Children and Young People Act 2008.

   person with parental responsibility, for a child—means a person who has parental responsibility for the child under the Children and Young People Act 2008, division 1.3.2.

6. Setting aside or amending preventative detention orders
   Section 31 (3), new note

   insert

   NoteIf the order is set aside, it ceases to have effect (see s 22 (2) (d) and s 30 (e)).

7. Exercising authorised special powers—general provisions
   Section 78 (5) (b)

   omit

8. Section 78 (9)

   after

   must

   insert

   within a reasonable time

9. Section 100

   substitute

10. Review of Act after 8 years of operation

    The Minister must—

    (a)review the operation and effectiveness of this Act after it has been in operation for 8 years; and

    (b)present a report of the review to the Legislative Assembly before the end of the Act’s 9th year of operation (19 November 2015).

11. Expiry of Act etc
    Section 101 (1)

    omit

    5 years

    substitute

    10 years

Endnotes

1. Presentation speech

   Presentation speech made in the Legislative Assembly on 30 June 2011.

2. Notification

   Notified under the Legislation Act on 1 November 2011.

3. Republications of amended laws

   For the latest republication of amended laws, see certify that the above is a true copy of the Terrorism (Extraordinary Temporary Powers) Amendment Bill 2011, which was passed by the Legislative Assembly on 18 October 2011.

   Clerk of the Legislative Assembly

   © Australian Capital Territory 2011