Terrorism (Police Powers) Act 2002 (NSW)
An Act to give special powers to police officers to deal with terrorist acts; to amend the State Emergency and Rescue Management Act 1989 to give police officers additional powers to protect people in emergencies; and for other purposes.
This Act is the Terrorism (Police Powers) Act 2002.
This Act commences on a day or days to be appointed by proclamation.
In this Act,
(a) the action falls within subsection (2) and does not fall within subsection (3), and
(b) the action is done with the intention of advancing a political, religious or ideological cause, and
(c) the action is done with the intention of—
(i) coercing, or influencing by intimidation, the government of the Commonwealth or a State, Territory or foreign country, or of part of a State, Territory or foreign country, or
(ii) intimidating the public or a section of the public.
Action falls within this subsection if it—
(a) causes serious harm that is physical harm to a person, or
(b) causes serious damage to property, or
(c) causes a person’s death, or
(d) endangers a person’s life, other than the life of the person taking the action, or
(e) creates a serious risk to the health or safety of the public or a section of the public, or
(f) seriously interferes with, seriously disrupts, or destroys, an electronic system including, but not limited to—
(i) an information system, or
(ii) a telecommunications system, or
(iii) a financial system, or
(iv) a system used for the delivery of essential government services, or
(v) a system used for, or by, an essential public utility, or
(vi) a system used for, or by, a transport system.
Action falls within this subsection if it—
(a) is advocacy, protest, dissent or industrial action, and
(b) is not intended—
(i) to cause serious harm that is physical harm to a person, or
(ii) to cause a person’s death, or
(iii) to endanger the life of a person, other than the person taking the action, or
(iv) to create a serious risk to the health or safety of the public or a section of the public.
In this section—
(a) a reference to any person or property is a reference to any person or property wherever situated, within or outside the State (including within or outside Australia), and
(b) a reference to the public includes a reference to the public of another State or Territory or of a country other than Australia.
The above definition is in the same terms as those used in Part 5.3 of the Commonwealth Criminal Code (as inserted by the Security Legislation Amendment (Terrorism) Act 2002 of the Commonwealth), except that threats of terrorist acts are excluded since it is not necessary to refer to threats in the context in which the expression is used in this Act.
In this Act—
(a) a total or partial loss of the person’s mental functions, or
(b) a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction, or
(c) a disorder, illness or disease that affects the person’s thought processes, perceptions of reality, emotions or judgment, or that results in disturbed behaviour.
The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
(Repealed)
Notes included in this Act do not form part of this Act.
To avoid doubt, functions conferred by this Act in relation to a terrorist act may be exercised whether or not the terrorist act has been, is being, or is likely to be committed in New South Wales.
In this Part—
For the purposes of this Part—
(a) a person in an area that is the target of an authorisation includes a person who is about to enter the area or who has recently left the area, and
(b) a vehicle in an area that is the target of an authorisation includes a vehicle that is about to enter the area or that has recently left the area.
An authorisation for the exercise of the special powers conferred by this Part may be given in accordance with this Division if the police officer giving the authorisation—
(a) is satisfied that there are reasonable grounds for believing that a terrorist act could occur at some time in the next 14 days, and
(b) is satisfied that the exercise of those powers will substantially assist in preventing the terrorist act.
An authorisation for the exercise of the special powers conferred by this Part may also be given in accordance with this Division if the police officer giving the authorisation—
(a) is satisfied that there are reasonable grounds for believing that a terrorist act has been committed, and
(b) is satisfied that the exercise of those powers will substantially assist in apprehending the persons responsible for committing the terrorist act.
An authorisation may authorise the exercise of the special powers conferred by this Part—
(a) for the purpose of finding a particular person named or described in the authorisation, or
(b) for the purpose of finding a particular vehicle, or a vehicle of a particular kind, described in the authorisation, or
(c) for the purpose of preventing a terrorist act in a particular area described in the authorisation (or apprehending in any such area the persons responsible for committing a terrorist act),
or for any combination of those purposes.
The person, vehicle or area is referred to in this Part as the
Without limiting subsection (1) (a), a person may be described by the use of a photograph or drawing.
An authorisation may be given by the Commissioner of Police or by a Deputy Commissioner of Police.
If the Commissioner of Police or a Deputy Commissioner of Police is not able to be contacted when an authorisation is sought as a matter of urgency, a police officer above the rank of superintendent who is able to be contacted may give an authorisation in accordance with this Division.
In giving an authorisation, the Commissioner of Police, Deputy Commissioner of Police or other police officer is to be satisfied that the nature and extent of the powers to be conferred by the authorisation are appropriate to the threatened or suspected terrorist act.
An authorisation may only be given with the concurrence of the Police Minister, except as provided by subsection (2).
An authorisation may be given without the concurrence of the Police Minister if he or she is not able to be contacted at the time it is given.
If the authorisation is given without the concurrence of the Police Minister—
(a) the Police Minister is to be notified of the authorisation as soon as the Police Minister is available to be notified, and
(b) in the case of an authorisation under section 5—the authorisation ceases to have effect if the Police Minister has not confirmed the authorisation within 48 hours after the authorisation was given.
The Police Minister may at any time direct that an authorisation be revoked—see section 12 (1).
An authorisation may be given orally or by instrument in writing.
If the authorisation is given orally, it must be confirmed by instrument in writing as soon as it is reasonably practicable to do so.
An authorisation must—
(a) state that it is given under this Part, and
(b) describe the general nature of the threatened terrorist act or suspected terrorist act to which it applies, and
(c) name or describe the person, vehicle or area targeted by the authorisation, and
(d) specify the time it ceases to have effect.
An authorisation given has effect, unless sooner revoked, during the period beginning at the time it is given and ending at the time specified in the authorisation.
The period an authorisation has effect must not exceed—
(a) in the case of an authorisation under section 5—7 days beginning with the day on which it is given, or
(b) in the case of an authorisation under section 6—24 hours beginning with the time at which it is given.
The period an authorisation has effect may be extended by the giving of a further authorisation, with the concurrence of the Police Minister, in accordance with this Division so long as the combined period does not exceed—
(a) in the case of an authorisation under section 5—14 days beginning with the day on which it was first given, or
(b) in the case of an authorisation under section 6—48 hours beginning with the time at which it was first given.
The police officer who gives an authorisation, or a police officer of a more senior rank, may revoke it at any time, and must revoke it if directed to do so by the Police Minister.
The cessation of an authorisation (by revocation or otherwise) does not affect anything lawfully done in reliance on the authorisation before it ceased to have effect.
An authorisation (and any decision of the Police Minister under this Division with respect to the authorisation) may not be challenged, reviewed, quashed or called into question on any grounds whatsoever before any court, tribunal, body or person in any legal proceedings, or restrained, removed or otherwise affected by proceedings in the nature of prohibition or mandamus.
For the purposes of subsection (1),
The special powers conferred by this Part may be exercised by any police officer.
A police officer may exercise those powers whether or not the officer has been provided with a copy of the authorisation or notified of all the terms of the authorisation.
The special powers of a police officer under this Part may also be exercised by a recognised law enforcement officer as referred to in Part 10B of the Police Act 1990.
The Commissioner of Police or other police officer referred to in section 8 may, for the purposes of facilitating the exercise of the special powers conferred by this Part, give a government agency directions with respect to the exercise of the powers or functions of the agency.
The government agency is authorised and required to comply with the direction.
In this section—
As soon as practicable after an authorisation given under this Act ceases to have effect, the Commissioner of Police is to furnish a report, in writing, to the Attorney General and the Police Minister—
(a) setting out the terms of the authorisation and the period during which it had effect, and
(b) identifying as far as reasonably practicable the matters that were relied on for giving the authorisation, and
(c) describing generally the powers exercised pursuant to the authorisation and the manner in which they were exercised, and
(d) specifying the result of the exercise of those powers.
Part 15 of the Law Enforcement (Powers and Responsibilities) Act 2002 sets out safeguards relating to the exercise of powers under this Division.
The special powers under this Division may be exercised for the purposes for which an authorisation is given under this Part.
See section 7 for purposes of an authorisation.
A police officer may require a person whose identity is unknown to the officer to disclose his or her identity if—
(a) the officer suspects on reasonable grounds that the person is the target of an authorisation (or the person is found in suspicious circumstances in the company of the target of the authorisation), or
(b) the person is in or on a vehicle that the officer suspects on reasonable grounds is the target of an authorisation, or
(c) the person is in an area that is the target of an authorisation.
A person who is so required to disclose his or her identity must not, without reasonable excuse, fail or refuse to comply with the requirement.
Maximum penalty—50 penalty units or 12 months imprisonment, or both.
A person must not, without reasonable excuse, in response to any such requirement—
(a) give a name that is false in a material particular, or
(b) give an address other than the person’s full and correct address.
Maximum penalty—50 penalty units or 12 months imprisonment, or both.
A police officer may request a person who is required under this section to disclose his or her identity to provide proof of his or her identity.
A police officer may, without a warrant, stop and search a person, and anything in the possession of or under the control of the person, if—
(a) the officer suspects on reasonable grounds that the person is the target of an authorisation (or the person is found in suspicious circumstances in the company of the target of the authorisation), or
(b) the person is in or on a vehicle that the officer suspects on reasonable grounds is the target of an authorisation, or
(c) the person is in an area that is the target of an authorisation.
Division 4 of Part 4 of the Law Enforcement (Powers and Responsibilities) Act 2002 extends to the search of a person conducted under this section. However, in addition to section 31 of that Act, a police officer may only strip search a person under this section if the police officer suspects on reasonable grounds that the person is the target of an authorisation.
A police officer must not detain a person for any longer than is reasonably necessary for the purpose of conducting a search under this section.
A police officer may, without a warrant, stop, enter and search a vehicle, and anything in or on the vehicle, if—
(a) the officer suspects on reasonable grounds that the vehicle is the target of an authorisation, or
(b) the officer suspects on reasonable grounds that a person in or on the vehicle is the target of an authorisation, or
(c) the vehicle is in an area that is the target of an authorisation.
A police officer must not detain a vehicle for any longer than is reasonably necessary for the purpose of conducting a search under this section.
A police officer may, without a warrant, enter and search any premises, if—
(a) the officer suspects on reasonable grounds that a person who is the target of an authorisation may be in the premises, or
(b) the officer suspects on reasonable grounds that a vehicle that is the target of an authorisation may be in the premises, or
(c) the premises are in an area that is the target of an authorisation.
The police officer must do as little damage as possible.
A police officer may, for the purposes of stopping and searching under this Division persons, vehicles or premises in a target area, place a cordon around the target area or any part of it.
A cordon may include any form of physical barrier, including a roadblock on any road in or in the vicinity of the target area.
A police officer may, in connection with a search under this Division, seize and detain—
(a) all or part of a thing (including a vehicle) that the officer suspects on reasonable grounds may be used, or may have been used, to commit a terrorist act, or
(b) all or part of a thing (including a vehicle) that the officer suspects on reasonable grounds may provide evidence of the commission of a serious indictable offence (whether or not related to a terrorist act).
A power conferred by this section to seize and detain a thing includes—
(a) a power to remove a thing from the place where it is found, and
(b) a power to guard the thing in or on the place where it is found.
It is lawful for a police officer exercising a power under this Division in relation to a person or a thing, and anyone helping the police officer, to use such force as is reasonably necessary to exercise the power.
A person must not, without reasonable excuse, obstruct or hinder a police officer in the exercise of a power under this Division to stop and search a person, to stop, enter and search a vehicle, to enter and search premises or to seize and detain a thing.
Maximum penalty—100 penalty units or imprisonment for 2 years, or both.
The Commissioner of Police is to arrange for a written statement to be provided, on request made within 12 months of the search, to a person who was searched, or whose vehicle or premises were searched, under this Part stating that the search was conducted in pursuance of this Part. The written statement is to be provided within 30 days of the request being made.
The Commissioner of Police must report annually on the exercise of powers under this Part by police officers.
Each report is to be provided, within 4 months after each 30 June, to the Police Minister and the Attorney General.
The report is to specify the following matters in relation to the year ended on that 30 June—
(a) the number of authorisations given under this Part,
(b) the powers exercised under each authorisation given under this Part.
The report may be combined with any other annual report of the NSW Police Force.
The report is to be tabled in each House of Parliament as soon as practicable after it is received by the Attorney General.
If the Commissioner of Police is satisfied that—
(a) an incident to which police officers are responding is or is likely to be a terrorist act, and
(b) planned and coordinated police action is required to defend any persons threatened by the terrorist act or to prevent or terminate their unlawful deprivation of liberty,
the Commissioner may declare that it is a terrorist act to which this Part applies.
A declaration made under this Part applies to each location at which police officers are responding to the incident.
The Commissioner of Police is to notify the police officer in charge of the police officers responding to the terrorist act that a declaration has been made under this Part.
Before or as soon as practicable after a declaration is made under this Part, the Commissioner of Police is to notify the Minister for Police of the declaration.
A Deputy Commissioner of Police may make and notify a declaration under this Part on behalf of the Commissioner of Police if satisfied that the Commissioner is not able to be contacted when a declaration is sought as a matter of urgency.
A declaration may be made under this Part orally or by instrument in writing. If the declaration is made orally, it must be confirmed by instrument in writing as soon as it is reasonably practicable to do so.
The Commissioner of Police may at any time revoke a declaration made under this Part, and must do so if no further police response is required at the location concerned. The Commissioner or a Deputy Commissioner of Police may revoke a declaration made by the Deputy Commissioner on behalf of the Commissioner.
The police action that is authorised by this section when police officers respond to any incident that is declared to be a terrorist act to which this Part applies is authorising, directing or using force (including lethal force) that is reasonably necessary, in the circumstances as the police officer perceives them, to defend any persons threatened by the terrorist act or to prevent or terminate their unlawful deprivation of liberty.
A police officer does not incur any criminal liability for taking any such police action for the purposes of a police action plan of the police officer in charge of the police officers responding to the terrorist act.
This section applies only to action taken by a police officer in good faith.
If a declaration under this Part is revoked, this section continues to apply to any action taken by a police officer before the earlier of the following—
(a) when the police officer became aware of the revocation of the declaration,
(b) when the police officer, acting reasonably, ought to have been aware of the revocation of the declaration.
If a court finds that a purported declaration under this Part was not validly made, this section continues to apply to any action taken by a police officer before the finding as if it were a valid declaration.
This Part does not limit the powers of police officers to deal with a terrorist act, and police officers may exercise those powers whether or not the Commissioner of Police has been requested or has declined to make a declaration under this Part in relation to the terrorist act.
The Commissioner of Police must report annually on the number of declarations made under this Part in relation to each year ended on 30 June.
Each report is to be provided, within 4 months after each 30 June, to the Police Minister and the Attorney General.
The report may be combined with any other annual report of the NSW Police Force.
The report is to be tabled in each House of Parliament as soon as practicable after it is received by the Attorney General.
The object of this Part is to authorise the arrest, detention and questioning of a person who is suspected of being involved in a recent or imminent terrorist act for the purposes of assisting in responding to or preventing the terrorist act.
For the purposes of this Part, a person is a
(a) the person has committed or will commit a terrorist act, or
(b) the person is or has been involved in preparing or planning for a terrorist act, or
(c) the person possesses a thing that is connected with the commission of, or the preparation or planning for, a terrorist act.
This section extends to a future terrorist act even if any of the following has not been identified—
(a) the identity of the persons who will commit the terrorist act,
(b) the kind of terrorist act that will be committed,
(c) the place where or the time when the terrorist act will be committed.
This section extends to terrorist acts committed, and acts done in preparation or planning for terrorist acts, before the commencement of this Part.
For the purposes of this Part,
In this Part,
A police officer who arrests a terrorism suspect for the purpose of investigative detention under this Part is not under an obligation to take the suspect before a court or an authorised officer (within the meaning of the Law Enforcement (Powers and Responsibilities) Act 2002) as soon as practicable to be dealt with according to law.
In this Part—
A police officer may, without a warrant, arrest a terrorism suspect for the purpose of investigative detention under this Part if—
(a) the terrorist act concerned occurred in the last 28 days, or
(b) the police officer has reasonable grounds to suspect that the terrorist act concerned could occur at some time in the next 14 days,
and the police officer is satisfied that the investigative detention will substantially assist in responding to or preventing the terrorist act.
A police officer may also arrest a terrorism suspect for the purpose of investigative detention under this Part if directed to do so by another police officer. That other police officer is not to give such a direction unless that other police officer may lawfully arrest the person without a warrant under this section.
A terrorism suspect is subject to investigative detention under this Part only if—
(a) the police officer informs the terrorism suspect at the time of arrest that the terrorism suspect is being arrested for the purpose of investigative detention under this Part, and
(b) the arrest has not been discontinued.
A police officer may discontinue an arrest under this section at any time.
An arrest under this section must be discontinued—
(a) on the expiry of the maximum period of investigative detention under this Part, or
(b) as soon as practicable after the police officer in charge of the investigation of the terrorism suspect ceases to be satisfied that the person is a terrorism suspect or ceases to be satisfied that continuing the investigative detention will substantially assist in responding to or preventing a terrorist act, or
(c) if, following a review by a senior police officer under subsection (6), the senior police officer is satisfied that there are no reasonable grounds to suspect that the person is a terrorism suspect or is satisfied that there are no reasonable grounds to suspect that continuing the investigative detention will substantially assist in responding to or preventing a terrorist act.
A senior police officer is to review whether an investigative detention under this Part should be continued—
(a) as soon as practicable after the terrorism suspect is arrested, and
(b) every 12 hours after the arrest of the terrorism suspect.
The senior police officer who conducts the review cannot be a police officer who is in charge of, or involved in the conduct of, the investigation.
A terrorism suspect cannot be arrested under this section on more than 1 occasion in connection with the same terrorist act.
However, subsection (7) does not prevent a further arrest under this section in reliance on information obtained after the end of the earlier period of investigative detention. In that case, the maximum period of investigative detention cannot exceed 24 hours unless authorised by a detention warrant.
A person under 14 years of age cannot be arrested or kept in investigative detention under this Part.
If—
(a) a person is under investigative detention, and
(b) the police officer in charge of the investigation is satisfied on reasonable grounds that the person is under 14 years of age,
the police officer must discontinue the arrest as soon as practicable.
The person is to be released into the care of a parent or other appropriate person.
In this section,
A terrorism suspect may, during investigative detention under this Part, be questioned—
(a) in connection with the terrorist act for which the person was arrested, or
(b) in connection with any other terrorist act that occurred within the last 28 days or that there are reasonable grounds to suspect could occur at some time in the next 14 days.
If there are reasonable grounds for suspecting that the terrorism suspect has committed a particular offence, the terrorism suspect may also be questioned while detained under this Part for the purpose of investigating whether the person committed the offence. The terrorism suspect may be so questioned only if there are reasonable grounds for suspecting that the offence may be related to the terrorist act or if postponing the investigation until after the end of investigative detention under this Part may jeopardise the investigation or prosecution of the offence.
A terrorism suspect may be questioned during investigative detention under this Part only if the person is given the opportunity to rest for a continuous period of at least 8 hours in any period of 24 hours of detention and to have reasonable breaks during any period of questioning. This subsection does not prevent questioning that a senior police officer determines is necessary and reasonable because of the exceptional circumstances of the case.
Part 3.11 of the Evidence Act 1995 sets out circumstances in which information obtained from the questioning of a detained suspect may be excluded by a court in subsequent criminal proceedings instituted against the suspect.
This section does not prevent questioning of a person for the purposes of—
(a) ensuring the safety and well-being of the person, or
(b) allowing a police officer to comply with a requirement imposed by law on the police officer in relation to the detention of the person.
A police officer who is of the rank of sergeant or higher may take a photograph, or make a video recording, of a terrorism suspect, or cause a photograph of the terrorism suspect to be taken, or a video recording of the terrorism suspect to be made, if the police officer believes on reasonable grounds that it is necessary to do so for the purpose of documenting an illness or injury suffered by the terrorism suspect while under investigative detention.
The photograph or video recording may only be used—
(a) for the purpose for which it is taken or made, or
(b) in connection with a complaint about, an investigation into, or any proceedings (including civil or criminal proceedings) that relate to, police misconduct.
A person who uses a photograph or video recording in contravention of subsection (2) is guilty of an offence.
Maximum penalty—Imprisonment for 2 years.
As soon as practicable after 12 months elapses from the taking of the photograph, or the making of the video recording, the Commissioner of Police is to ensure that the photograph or video recording is destroyed if proceedings in respect of either of the following have not been brought, or have been brought and discontinued or completed—
(a) the investigative detention,
(b) the treatment of the terrorism suspect in connection with the investigative detention.
The maximum period of investigative detention of a terrorism suspect under this Part is—
(a) the period of 4 days, or
(b) if the maximum period of investigative detention is extended by a detention warrant—the maximum period authorised by the warrant.
The total maximum period of investigative detention cannot exceed 14 days after the terrorism suspect was arrested.
A police officer authorised by a senior police officer may, before the end of the current maximum period of investigative detention, apply to an eligible Judge for a warrant to extend the maximum period of investigative detention if—
(a) the police officer has reasonable grounds for suspecting that the person continues to be a terrorism suspect, and
(b) the police officer is satisfied that the extension will substantially assist in responding to or preventing the terrorist act.
The terrorism suspect, or his or her legal representative, may make representations to the eligible Judge about the application.
An eligible Judge may issue a detention warrant that extends the maximum period of investigative detention of the terrorism suspect by a period not exceeding 7 days.
The maximum period of investigative detention may be extended by a detention warrant on more than 1 occasion, so long as the total period of investigative detention after the arrest of the terrorism suspect does not exceed 14 days.
An eligible Judge is not to issue a detention warrant unless satisfied that—
(a) the investigation is being conducted diligently and without unnecessary delay, and
(b) there are reasonable grounds for suspecting that the person continues to be a terrorism suspect, and
(c) there are reasonable grounds for suspecting that any future terrorist act concerned could occur at some time in the next 14 days (or so occur if the terrorism suspect is released from detention), and
(d) the extension will substantially assist in responding to or preventing the terrorist act concerned.
A detention warrant may contain such directions as the eligible Judge considers appropriate in relation to the conditions under which the terrorism suspect is kept in custody for investigative detention. The investigative detention of the terrorism suspect is subject to any such direction included in the warrant.
As soon as reasonably practicable after a detention warrant is issued, the custody manager for the terrorism suspect—
(a) must give the terrorism suspect a copy of the warrant, and
(b) must orally inform the terrorism suspect of the nature of the warrant and its effect.
An eligible Judge who deals with an application for a detention warrant is to disqualify himself or herself from presiding in any subsequent trial of the terrorism suspect for an offence that relates to the matters to which the application relates.
An application for a detention warrant may be made by the applicant in person or by telephone.
In the case of an application made in person, the eligible Judge is not to issue a detention warrant unless the information given by the applicant in or in connection with the application is verified before the Judge on oath or affirmation or by affidavit. The eligible Judge may administer an oath or affirmation or take an affidavit for the purposes of the application.
In the case of an application made by telephone—
(a) the eligible Judge is not to issue a detention warrant unless satisfied the warrant is required urgently and that it is not practicable for the application to be made in person, and
(b) the detention warrant is to be furnished to the applicant or the applicant is to be informed by the eligible Judge of the terms of the warrant, and
(c) the applicant must, within 1 day after the day on which the warrant is issued, give or transmit to the eligible Judge an affidavit setting out the information on which the application was based that was given to the eligible Judge when the application was made.
A copy of an affidavit under this section is to be provided to the terrorism suspect or to his or her legal representative.
A person must not, in or in connection with an application for a detention warrant in person or by telephone, give information to an eligible Judge that the person knows to be false or misleading in a material particular. This subsection applies whether or not the information given is also verified on oath or affirmation or by affidavit.
Maximum penalty—100 penalty units or imprisonment for 2 years, or both.
An eligible Judge who issues or refuses to issue a detention warrant must cause a record to be made of the grounds relied on by the eligible Judge to justify the issue of or refusal to issue the warrant. The regulations may make provision for or with respect to the keeping and inspection of any such record.
This section is subject to section 25K.
In this section,
(a) will have a prejudicial effect on the prevention, investigation or prosecution of an offence, or
(b) will result in the existence or identity of a confidential source of information relevant for law enforcement purposes being revealed or made discoverable, or
(c) will result in confidential investigative methods or techniques used by police or security agencies being revealed or discoverable, or
(d) will endanger a person’s life or physical safety.
The eligible Judge to whom an application for a detention warrant is made may, at the request of the applicant, determine that particular information provided in or in connection with the application is criminal intelligence.
If the eligible Judge makes that determination—
(a) the information is not to be provided to the terrorism suspect, or to his or her legal representative, for the purpose of making representations to the eligible Judge about the application or other purpose and is to be excluded from the copy of any affidavit provided to the terrorism suspect or to his or her legal representative (but the terrorism suspect, or his or her legal representative, is to be informed that a determination under this section has been made), and
(b) the eligible Judge is to ensure that the information is not disclosed in the record made of the grounds relied on by the eligible Judge to justify the issue of or refusal to issue the detention warrant, or otherwise disclosed by the eligible Judge to any person, and
(c) the eligible Judge is, to the extent that the information was relied on as grounds to justify the issue of the detention warrant, to include a statement to that effect in the record made by the eligible Judge.
If the eligible Judge refuses to make that determination—
(a) the applicant is entitled to withdraw the information as grounds for issuing the detention warrant, and
(b) the information so withdrawn is not to be disclosed to any person or taken into consideration by the eligible Judge in deciding whether to issue the detention warrant.
This section applies to contact that a terrorism suspect has with a person while under investigative detention that the police officer in charge of the investigation of the terrorism suspect requires to be monitored (except contact with the legal representative of the terrorism suspect).
The contact a terrorism suspect has with any such person may take place only if it is conducted in such a way that the contact, and the content and meaning of the communication that takes place during the contact, can be effectively monitored by a police officer exercising authority in connection with the investigative detention.
The contact may take place in a language other than English only if the content and meaning of the communication that takes place during the contact can be effectively monitored with the assistance of an interpreter (including an interpreter who is a police officer).
If the terrorism suspect indicates that he or she wishes the contact to take place in a language other than English, the police officer who is detaining the terrorism suspect is to—
(a) arrange for the services of an appropriate interpreter to be provided if it is reasonably practicable to do so during the period during which the person is being detained, and
(b) if it is reasonably practicable to do so—arrange for those services to be provided as soon as practicable.
The police officer who is detaining the terrorism suspect must, before the contact takes place, inform the terrorism suspect, and any person with whom the terrorism suspect has contact, that the contact (whether it takes place by telephone, by audiovisual link or in person) will be monitored.
A police officer who applies to an eligible Judge for a detention warrant in relation to a terrorism suspect may request the eligible Judge to direct, in and by the warrant, that the terrorism suspect is not, while under investigative detention pursuant to the warrant, to contact a person specified in the direction (a
The eligible Judge may include the prohibited contact direction in the detention warrant if satisfied that the direction is reasonably necessary to achieve the purposes of the investigative detention under this Part. The investigative detention of the terrorism suspect is subject to a prohibited contact direction included in the detention warrant.
A prohibited contact direction may prevent contact with a specified person of any kind (including a legal representative of the terrorism suspect).
A prohibited contact direction may be revoked by an eligible Judge, on application made by the terrorism suspect concerned or on application made by a police officer.
For the purpose of making a prohibited contact direction, a detention warrant may be issued before the expiry of the current maximum period of investigative detention (including before the expiry of the initial period of 4 or 2 days after the arrest of the terrorism suspect). The warrant may limit the maximum period of investigative detention to the then current maximum period of detention, and in that case section 25I (5) (a) and (d) do not apply to the issue of the warrant.
A terrorism suspect may be prevented from contacting a person to be specified in a proposed prohibited contact direction requested under this section until the request has been determined.
As soon as practicable after a terrorism suspect is arrested for the purpose of investigative detention under this Part, the police officer who is detaining the terrorism suspect must inform the terrorism suspect of the following—
(a) any right the person has to complain to the Law Enforcement Conduct Commission in accordance with the Law Enforcement Conduct Commission Act 2016,
(b) the person’s entitlement under section 25MD to contact a lawyer.
This section applies to any proceedings before the Supreme Court that relate to a detention warrant.
The Supreme Court may, if the Court is satisfied it is in the interests of justice to do so, order the Legal Aid Commission to provide legal aid in proceedings to which this section applies to—
(a) a terrorism suspect in relation to whom a detention warrant is being sought, or
(b) a terrorism suspect who is subject to a detention warrant.
If the Supreme Court makes an order under subsection (2), the police officer who is detaining the terrorism suspect must give the terrorism suspect reasonable assistance to enable the terrorism suspect to contact the Legal Aid Commission to obtain the legal aid.
A terrorism suspect who is under investigative detention—
(a) must be treated with humanity and with respect for human dignity, and
(b) must not be subjected to cruel, inhuman or degrading treatment,
by anyone exercising authority under the investigative detention or implementing or enforcing the investigative detention.
A person who contravenes subsection (1) is guilty of an offence.
Maximum penalty—Imprisonment for 2 years.
A terrorism suspect who is under investigative detention is entitled to contact a lawyer but solely for the purpose of—
(a) obtaining advice from the lawyer about the terrorism suspect’s legal rights in relation to—
(i) the investigative detention, or
(ii) the treatment of the terrorism suspect in connection with the investigative detention, or
(b) arranging for the lawyer to act for the terrorism suspect, and instructing the lawyer, in relation to proceedings in the Supreme Court relating to the issue of a detention warrant in relation to the terrorism suspect, or
(c) arranging for the lawyer to act for the person, and instructing the lawyer, in relation to any other proceedings in a court for a remedy relating to—
(i) the investigative detention, or
(ii) the treatment of the terrorism suspect in connection with the investigative detention, or
(d) arranging for the lawyer to act for the terrorism suspect, and instructing the lawyer, in relation to a complaint to the Law Enforcement Conduct Commission in accordance with the Law Enforcement Conduct Commission Act 2016, or
(e) arranging for the lawyer to act for the terrorism suspect in relation to an appearance, or hearing, before a court that is to take place while the terrorism suspect is under investigative detention.
The form of contact the terrorism suspect is entitled to have with a lawyer under subsection (1) includes—
(a) being visited by the lawyer, and
(b) communicating with the lawyer by telephone.
The police officer who is detaining the terrorism suspect must give the terrorism suspect reasonable assistance to choose another lawyer for the terrorism suspect to contact under subsection (1) if—
(a) the terrorism suspect asks to be allowed to contact a particular lawyer under subsection (1), and
(b) either—
(i) the terrorism suspect is not entitled to contact that lawyer because of a prohibited contact direction, or
(ii) the terrorism suspect is not able to contact that lawyer.
Without limiting the assistance that may be given to the terrorism suspect under subsection (3), the police officer may refer the terrorism suspect to the Legal Aid Commission.
The police officer who is detaining the terrorism suspect must give the terrorism suspect reasonable assistance (including, if appropriate, by arranging for the assistance of an interpreter) to choose and contact a lawyer under subsection (1) if the police officer has reasonable grounds to believe that—
(a) the terrorism suspect is unable, because of inadequate knowledge of the English language or a disability, to communicate with reasonable fluency in that language, and
(b) the terrorism suspect may have difficulties in choosing or contacting a lawyer because of that inability.
In recommending lawyers to the terrorism suspect as part of giving the terrorism suspect assistance under subsection (3), the police officer who is detaining the terrorism suspect may give priority to lawyers who have been given a security clearance at an appropriate level by the Commonwealth.
Despite subsection (6) but subject to any prohibited contact direction, the terrorism suspect is entitled under this section to contact a lawyer who does not have a security clearance of the kind referred to in subsection (6).
The police officer who is detaining the terrorism suspect must, before any contact with a lawyer takes place, inform the terrorism suspect, and the lawyer, that the contact (whether it takes place by telephone, by audiovisual link or in person) will be monitored.
The regulations may make provision for or with respect to safeguards for persons while under investigative detention.
Those provisions are in addition to the safeguards applied by section 25O.
The applied provisions under section 25O include the special safeguard provisions for children under 18 years and other vulnerable persons of Division 3 of Part 3 of the Law Enforcement (Powers and Responsibilities) Regulation 2016.
The following provisions of the Law Enforcement (Powers and Responsibilities) Act 2002 (and the regulations and other instruments made under that Act in connection with those provisions) extend (subject to this Part) to the powers of police officers under this Part, with any modifications prescribed by the regulations and any other necessary modifications—
(a) Part 9 (Investigations and questioning), other than the provisions of that Part relating to the maximum period of detention for investigation,
(b) Part 10 (Other powers relating to persons in custody and to other offenders),
(c) Part 15 (Safeguards relating to powers),
(d) Part 18 (Use of force),
(e) section 232 (Protection of police acting in execution of warrant),
(f) any other provisions prescribed by the regulations.
The provisions of the Crimes (Forensic Procedures) Act 2000 (and the regulations and other instruments made under that Act) relating to suspects extend (subject to this Part) to terrorism suspects arrested under this Part.
A reference in the provisions referred to in subsections (1) and (2)—
(a) to an investigation as to whether a detained person committed the offence for which the person is arrested—is to be construed as including a reference to an investigation for the purposes of assisting in responding to or preventing a terrorist act, or
(b) to Part 9 of the Law Enforcement (Powers and Responsibilities) Act 2002 or to an investigation period under that Part—is to be construed as including a reference to this Part or to a period of investigative detention under this Part.
Nothing in this Part prevents a terrorism suspect from being arrested under another law on the termination of an arrest under this Part, or from being arrested under this Part on the termination of an arrest under another law, in relation to the same terrorist act. Any such period of detention under this Part is to be taken into account for the purposes of determining whether an investigation period under another law is reasonable, and any such period of detention under another law is to be taken into account for the purposes of the issue of a detention warrant under this Part.
In subsection (4), a reference to another law is a reference to another law of this jurisdiction or, to the extent that the legislative power of Parliament permits, a reference to a law of the Commonwealth or of any other jurisdiction.
The Commissioner of Police must promptly advise the Police Minister and the Attorney General whenever a terrorism suspect is arrested under this Part.
The Commissioner of Police must report annually on the exercise of powers under this Part by police officers.
Each report is to be provided, within 4 months after each 30 June, to the Police Minister and the Attorney General.
The report is to specify the following matters in relation to the year ended on that 30 June—
(a) the number of terrorism suspects arrested under this Part,
(b) the period for which each such terrorism suspect was detained under this Part (including whether a detention warrant was issued and the additional period of detention authorised by the warrant),
(c) the number of complaints made under any Act about conduct relating to investigative detention under this Part and the number of those complaints that are, or have been, the subject of an investigation under any Act,
(d) any other matters requested by the Police Minister or the Attorney General.
The report may be combined with any other annual report of the NSW Police Force.
The report is to be tabled in each House of Parliament as soon as practicable after it is received by the Attorney General.
The Minister is to review this Part to determine whether the policy objectives of this Part remain valid and whether the terms of this Part remain appropriate for securing those objectives.
The review is to be undertaken as soon as possible after the period of 3 years from the commencement of this Part.
A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 3 years.
(Renumbered as section 14B)
(Renumbered as section 14B)The object of this Part is to allow a person to be taken into custody and detained for a short period of time in order to—
(a) prevent an imminent terrorist act, or
(b) preserve evidence of, or relating to, a recent terrorist act.
Section 26ZK provides that, while a person is being detained under a preventative detention order, the person may only be questioned for very limited purposes.
In this Part—
(a) Division 105 of the Criminal Code of the Commonwealth and the regulations and other instruments made under that Division, as in force from time to time, or
(b) a law of another State or a Territory that provides for preventative detention of persons in relation to terrorist acts (including any law of another State or a Territory that is declared by the regulations to be a corresponding law).
If—
(a) a number of police officers are detaining, or involved in the detention of, a person under a preventative detention order at a particular time, and
(b) a function (other than a power) is expressed in this Part to be imposed on a police officer detaining the person,
the function is imposed at that time on the most senior of those police officers.
A preventative detention order may be made against a person if—
(a) there are reasonable grounds to suspect that the person—
(i) will engage in a terrorist act, or
(ii) possesses a thing that is connected with the preparation for, or the engagement of a person in, a terrorist act, or
(iii) has done an act in preparation for, or planning, a terrorist act, and
(b) making the order would substantially assist in preventing a terrorist act occurring, and
(c) detaining the person for the period for which the person is to be detained under the order is reasonably necessary for the purpose of substantially assisting in preventing a terrorist act occurring.
There must be reasonable grounds to suspect that any such terrorist act could occur at some time in the next 14 days.
A preventative detention order may also be made against a person if—
(a) a terrorist act has occurred within the last 28 days, and
(b) it is necessary to detain the person to preserve evidence in New South Wales or elsewhere of, or relating to, the terrorist act, and
(c) detaining the person for the period for which the person is to be detained under the order is reasonably necessary for the purpose of preserving any such evidence.
As a consequence of the operation of section 4A, it does not matter whether the location of the terrorist act is in New South Wales or elsewhere.
A preventative detention order cannot be applied for, or made, in relation to a person who is under 16 years of age.
If—
(a) a person is being detained under a preventative detention order (or a purported such order), and
(b) the police officer who is detaining the person is satisfied on reasonable grounds that the person is under 16 years of age,
the police officer must release the person, as soon as practicable, from detention under the order.
The person is to be released into the care of a parent or other appropriate person.
A police officer may apply for a preventative detention order in relation to a person, but only if—
(a) the police officer is satisfied of the requirements under section 26D for making the order, and
(b) the police officer has obtained approval to make the application from—
(i) the Commissioner of Police, or
(ii) a Deputy Commissioner of Police, or
(iii) an Assistant Commissioner of Police responsible for counter-terrorism operations.
The function of giving approval to the making of an application for an order cannot be delegated, but may be exercised by a police officer acting in a position referred to in subsection (1) (b).
An application for a preventative detention order must—
(a) subject to subsection (2), be in writing and sworn, and
(b) set out the facts and other grounds on which the police officer considers the order should be made, and
(c) specify the period for which the person is to be detained under the order and set out the facts and other grounds on which the police officer considers that the person should be detained for that period, and
(d) set out the information (if any) that the applicant has about the person’s age, and
(e) set out the following—
(i) the outcomes and particulars of all previous applications for preventative detention orders made in relation to the person,
(ii) the information (if any) that the applicant has about any periods for which the person has been detained under an order made under a corresponding law,
(iii) the information (if any) that the applicant has about any control order (including any interim control order) made in relation to the person under Division 104 of the Criminal Code of the Commonwealth.
The application must also fully disclose all relevant matters of which the applicant is aware, both favourable and adverse to the making of the order.
An application for a preventative detention order that is required urgently may be made by telephone, fax, email or other electronic communication. In that case—
(a) the Supreme Court may make an interim preventative detention order if satisfied it is not practicable for the applicant to appear before the Court to make the application, and
(b) the terms of the interim order and related directions and other matters may be transmitted to the applicant by telephone, fax, email or other electronic communication, and
(c) a written record relating to the application and interim order is to be made as soon as practicable by or at the direction of the Court.
The Supreme Court may refuse to make a preventative detention order unless the police officer applying for the order gives the Court any further information that the Court requests concerning the facts and other grounds on which the police officer considers the order should be made.
The Supreme Court may, pending the hearing and final determination of an application for a preventative detention order, make an interim preventative detention order.
The Supreme Court is to make an interim order if—
(a) the application and any further information supplied by the applicant satisfy the requirements under section 26D for making the order, and
(b) the Court cannot proceed immediately to the hearing and determination of the application.
The interim order may be made in the absence of, and without notice to, the person in relation to whom the order is to be made (or his or her representative).
If the Supreme Court makes an interim order it must—
(a) fix the date on which, and the time at which, the hearing of the application is to be resumed, and
(b) give directions for notice to be given to the person subject to detention under the interim order (or his or her representative) of the date and time fixed for the resumed hearing.
The Supreme Court may further adjourn the resumed hearing and continue the interim order in force until the adjourned hearing.
Section 26L prevents an interim order remaining in force for more than 48 hours after the person was first taken into custody under the interim order.
After hearing an application for a preventative detention order, the Supreme Court is to—
(a) grant the application and make a preventative detention order, or
(b) refuse the application.
The Supreme Court may make a preventative detention order only if satisfied of the requirements under section 26D for making the order.
The following persons may adduce evidence (including by calling witnesses or producing material), or make submissions, to the Supreme Court in connection with the hearing of an application for a preventative detention order (other than an interim order)—
(a) the applicant for the order or any other police officer,
(b) the person in relation to whom the order is to be made,
(c) one or more representatives of the applicant or person.
Subsection (3) does not otherwise limit the power of the Supreme Court to control proceedings in relation to the application for the order.
The Supreme Court may determine the application in the absence of the person in relation to whom the order is to be made (or his or her representative) if satisfied that the person was properly notified of the proceedings.
A preventative detention order must set out—
(a) the name of the person authorised to be detained under the order, and
(b) the period for which the person is authorised to be detained (not exceeding the period provided by this Part), and
(c) the date on which, and the time at which, the order is made, and
(d) the date and time after which the person may not be taken into custody under the order (not exceeding 48 hours after the order is made), and
(e) a summary of the grounds on which the order is made.
To avoid doubt, subsection (1) (e) does not require information to be included in a summary if the disclosure of the information is likely to prejudice national security (within the meaning of the National Security Information (Criminal and Civil Proceedings) Act 2004 of the Commonwealth).
In this section—
The maximum period for which a person may be detained under a preventative detention order (other than an interim order) is 14 days. That maximum period is reduced by any period of actual detention under a related order against the person in relation to the same terrorist act.
Under section 26L an interim order expires 48 hours after the person is first taken into custody under the order if the application for the order has not been heard and finally determined by that time.
Despite subsection (2), the maximum period for which a person may be detained under a preventative detention order made on the basis of preserving evidence of, or relating to, a terrorist act that has occurred is not to be reduced by any period for which the person is detained under a preventative detention order or related order made on the basis of preventing a terrorist act.
Subject to subsection (5), more than one preventative detention order may be made in relation to the same terrorist act (whether or not against the same person).
Not more than one interim preventative detention order may be made against the same person in relation to the same terrorist act. This subsection does not prevent—
(a) an extension of an interim order under section 26H (5), or
(b) the making of another interim order following a further application for an order.
A preventative detention order can be made against a person to take effect on the expiration of detention under a related order against the person.
This Division does not authorise the extension of the period of an order. However, if the initial order does not authorise detention for the maximum period of detention in respect of the same terrorist act that is authorised by this section, further orders may be applied for and made (so long as that maximum period is not exceeded in respect of the total period of those orders).
For the purposes of this section—
(a) a terrorist act ceases to be the same terrorist act if there is a change in the date on which the terrorist act is expected to occur, and
(b) a terrorist act that is expected to occur at a particular time does not cease to be the same terrorist act merely because of—
(i) a change in the persons expected to carry out the act at that time, or
(ii) a change in how or where the act is expected to be carried out at that time.
An interim preventative detention order ceases to have effect if the Supreme Court has not heard and determined the application in respect of which the interim order was made within 48 hours after the person was first taken into custody under the interim order.
A preventative detention order (other than an interim order) ceases to have effect on the expiration of the period for which the person may be detained under the order in accordance with this Part.
A preventative detention order ceases to have effect if the person has not been taken into custody under the order within the time that the order authorises the person to be taken into custody.
Despite anything to the contrary in this section, a preventative detention order ceases to have effect if it is revoked under section 26M.
A preventative detention order may be revoked by the Supreme Court on application made by the person in relation to whom the order was made or on application by a police officer.
An application for the revocation of a preventative detention order must be made by a police officer detaining the person if the police officer is satisfied that the grounds on which the order was made have ceased to exist.
An application made by a person in relation to whom a preventative detention order (other than an interim order) was made is to set out information on which the person relies in making the application, being information that was not provided to the Supreme Court when the order was made.
If the Supreme Court rejects an application for revocation, it may give such directions as it considers appropriate with respect to any further application for revocation of the order. Any such further application is to set out new information on which the person relies in making the further application.
A police officer who applies to the Supreme Court for a preventative detention order in relation to a person (the
If a preventative detention order is in force in relation to the subject, a police officer may apply to the Supreme Court for a prohibited contact order under this section in relation to the subject’s detention under the preventative detention order.
The application must be in writing and sworn, and set out—
(a) the terms of the order sought, and
(b) the facts and other grounds on which the police officer considers that the order should be made.
If the Supreme Court is satisfied that making a prohibited contact order is reasonably necessary to achieve the purposes of the preventative detention order, the Court may make a prohibited contact order under this section that the subject is not, while being detained under the preventative detention order, to contact a person specified in the prohibited contact order.
An application for a prohibited contact order that is required urgently may be made by telephone, fax, email or other electronic communication. In that case—
(a) the Supreme Court may make the order if satisfied it is not practicable for the applicant to appear before the Court to make the application, and
(b) the terms of the order may be transmitted to the applicant by telephone, fax, email or other electronic communication, and
(c) a written record relating to the application and order is to be made as soon as practicable by or at the direction of the Court.
A prohibited contact order may be revoked by the Supreme Court, on application made by the person in relation to whom the relevant preventative detention order relates or on application by a police officer.
An application for the revocation of a prohibited contact order must be made by a police officer detaining the person under the relevant preventative detention order if the police officer is satisfied that the grounds on which the prohibited contact order was made have ceased to exist.
The Supreme Court may refuse to make a prohibited contact order unless the police officer applying for the order gives the Court any further information that the Court requires concerning the facts and other grounds on which the police officer considers the order should be made.
This section applies to proceedings before the Supreme Court in connection with an application for the making or revocation of a preventative detention order or prohibited contact order.
For the purposes of any such proceedings, the Supreme Court may take into account any evidence or information that the Court considers credible or trustworthy in the circumstances and, in that regard, is not bound by principles or rules governing the admission of evidence.
This section applies to proceedings before the Supreme Court in connection with an application for the making or revocation of a preventative detention order or prohibited contact order.
Any such proceedings must be heard in the absence of the public.
The Supreme Court may, in connection with any such proceedings, make such orders relating to the suppression of publication of the whole or any part of the proceedings or of the evidence given in the proceedings as, in its opinion, are necessary to secure the object of this Part.
A person must not disclose information knowing that the disclosure contravenes an order under subsection (3).
Maximum penalty—Imprisonment for 5 years.
This section applies to proceedings before the Supreme Court in connection with an application for the making or revocation of a preventative detention order or prohibited contact order.
The Supreme Court may, if the Court is satisfied it is in the interests of justice to do so, order the Legal Aid Commission to provide legal aid in proceedings to which this section applies to—
(a) a person in relation to whom a preventative detention order is being sought, or
(b) a person who is subject to such an order.
If the Supreme Court makes an order under subsection (2), the police officer who is detaining the person must give the person reasonable assistance to enable the person to contact the Legal Aid Commission to obtain the legal aid.
While a preventative detention order is in force in relation to a person—
(a) any police officer may take the person into custody, and
(b) any police officer may detain the person.
A police officer has, for the purpose of taking a person into custody under a preventative detention order or preventing the person escaping from that custody, the same functions as the police officer would have if the police officer were taking the person into custody in connection with the commission of an offence or preventing the person escaping from that custody.
Subsection (2) does not apply to the extent to which particular functions are provided for in this Part.
If a preventative detention order is made in relation to a person, the Commissioner or a Deputy Commissioner of Police, or an Assistant Commissioner of Police responsible for counter-terrorism operations, must nominate a police officer of or above the rank of superintendent (
The nominated senior police officer must be someone who was not involved in the making of the application for the preventative detention order.
The nominated senior police officer must—
(a) oversee the exercise of functions under the preventative detention order, and
(b) without limiting paragraph (a), ensure compliance with the obligation under Division 2 of the police officer detaining the person under the preventative detention order to apply for the revocation of the order, or for the revocation of a related prohibited contact order, if the grounds on which the order was made have ceased to exist, and
(c) consider any representations that are made under subsection (4) in relation to the above matters or to the treatment under the detention order of the detained person.
Any such representations may be made to the nominated senior police officer by any of the following persons—
(a) the person being detained under the preventative detention order,
(b) a lawyer acting for that person in relation to the order,
(c) a person with whom that person has contact under section 26ZH.
As soon as practicable after a person is first taken into custody under a preventative detention order, the police officer who is detaining the person under the order must endorse on the order the date on which, and time at which, the person is first taken into custody under the order.
A police officer may require a person whose identity is unknown to the officer to disclose his or her identity if the officer believes on reasonable grounds that the person may be able to assist the officer in executing a preventative detention order.
A person who is so required to disclose his or her identity must not, without reasonable excuse, fail or refuse to comply with the requirement.
Maximum penalty—20 penalty units.
A person must not, without reasonable excuse, in response to any such requirement—
(a) give a name that is false in a material particular, or
(b) give an address other than the person’s full and correct address.
Maximum penalty—100 penalty units or imprisonment for 2 years, or both.
This section applies to an application for a telephone warrant as well as an application for a covert search warrant made in person.
This section applies whether or not the information given is also verified on oath or affirmation or by affidavit.
A person must not intentionally or recklessly publish an application for a covert search warrant, a report prepared under section 27S, an occupier’s notice or any information directly derived from such an application, report or notice unless—
(a) an occupier’s notice that relates to the execution of the warrant has been given under section 27U, or
(b) directions have been given in relation to the giving of the occupier’s notice under section 27U (6).
Maximum penalty—50 penalty units or imprisonment for 12 months, or both.
This section does not make it an offence to publish any application, report, notice or information if the publication is for the purposes of—
(a) exercising any functions under this Part, or
(b) the internal management of the NSW Police Force, the Supreme Court or the Attorney General’s Department.
The Commissioner of Police must report annually on the exercise of powers under this Part by eligible police officers.
Each report is to be provided, within 4 months after each 30 June, to the Police Minister and the Attorney General.
The report is to specify the following matters in relation to the year ended on that 30 June—
(a) the number of applications for covert search warrants made under this Part and the number of those applications granted,
(b) the number of applications for telephone warrants and the number of those applications granted,
(c) the number of covert search warrants executed,
(d) the number of covert search warrants under which any things were seized,
(e) the number of covert search warrants under which any things were placed in substitution for seized things,
(f) the number of covert search warrants under which any things were returned or retrieved,
(g) the number of covert search warrants under which any things were copied, photographed or otherwise recorded,
(h) the number of covert search warrants under which any electronic equipment was operated by eligible police officers,
(i) the number of covert search warrants under which any things were tested,
(j) the number of arrests made in connection with a terrorist act in respect of which a covert search warrant was executed and the number of those arrests that have led to the laying of charges in relation to the terrorist act,
(k) the number of complaints that are made under any Act about conduct relating to the execution of a covert search warrant by an eligible police officer and the number of those complaints that are, or have been, the subject of an investigation under any Act,
(l) any other matters requested by the Police Minister or the Attorney General.
The report may be combined with any other annual report of the NSW Police Force.
The report is to be tabled in each House of Parliament as soon as practicable after it is received by the Attorney General.
The Law Enforcement Conduct Commission is to keep under scrutiny the exercise of powers conferred on members of the NSW Police Force by this Part.
For that purpose, the Law Enforcement Conduct Commission may require the Commissioner of Police or the Secretary of the Department of Justice to provide information about the exercise of those powers.
The Commissioner of Police must provide the information required by the Law Enforcement Conduct Commission, but may provide it subject to any one or more of the following conditions—
(a) that any officer of the Commission (within the meaning of the Law Enforcement Conduct Commission Act 2016) who is to have access to the information has been given a security clearance at an appropriate level by the Commonwealth,
(b) that the information is not made public by the Commission without consulting the Commissioner of Police on whether making the information public would reveal police methodology or ongoing operations, or would jeopardise relevant information-sharing relationships,
(c) in the case of information of particular sensitivity identified by the Commissioner of Police, that only Commissioners of the Commission are to have access to the information.
The Commissioner of Police may only redact or withhold information required by the Law Enforcement Conduct Commission for either or both of the following reasons, and must specify when and the reason the information is redacted or withheld—
(a) the information identifies an informant or a police officer operating covertly,
(b) provision of the information contravenes a law of the Commonwealth.
The Law Enforcement Conduct Commission must, every three years, prepare a report on the exercise of those powers and furnish a copy of the report to the Attorney General and the Minister for Police.
The Attorney General is to lay (or cause to be laid) a copy of the report before both Houses of Parliament as soon as practicable after the Attorney General receives the report.
If a House of Parliament is not sitting when the Attorney General seeks to lay a report before it, the Attorney General may present copies of the report to the Clerk of the House concerned.
The report—
(a) is, on presentation and for all purposes, taken to have been laid before the House, and
(b) may be printed by authority of the Clerk of the House, and
(c) if so printed, is for all purposes taken to be a document published by or under the authority of the House, and
(d) is to be recorded—
(i) in the case of the Legislative Council, in the Minutes of the Proceedings of the Legislative Council, and
(ii) in the case of the Legislative Assembly, in the Votes and Proceedings of the Legislative Assembly,
on the first sitting day of the House after receipt of the report by the Clerk.
The report is to be included with the report prepared by the Law Enforcement Conduct Commission under section 26ZO so long as the requirements of this section are complied with in relation to the report prepared under this section.
The first report under this section after the commencement of this subsection as inserted by the Law Enforcement Conduct Commission Act 2016 is to be prepared at the same time as the next report under section 26ZO is to be prepared.
A police officer who, in exercising a power conferred by or under this Act, seizes a thing, must return the thing to the owner or person who had lawful possession of the thing before it was seized or came into custody if the officer is satisfied that—
(a) its retention is not required, and
(b) it is lawful for the person to have possession of the thing.
This section is subject to any order made under section 28.
A court may, on application by any person, make an order that property seized by a police officer exercising a power conferred by or under this Act—
(a) be delivered to the person who appears to be lawfully entitled to the property, or
(b) if that person cannot be ascertained, be dealt with as the court thinks fit.
In determining an application the court may do any one or more of the following things—
(a) adjust rights to property as between people who appear to be lawfully entitled to the same property or the same or different parts of property (including adjusting rights by extinguishing, whether in whole or in part, any interests in the property of such persons),
(b) make a finding or order as to the ownership and delivery of property,
(c) make a finding or order as to the liability for and payment of expenses incurred in keeping property in police custody,
(d) order, if the person who is lawfully entitled to the property cannot be ascertained, that the property be forfeited to the State,
(e) make any necessary incidental or ancillary orders.
Property ordered to be forfeited to the State—
(a) in the case of money, is to be paid to the Treasurer for payment into the Consolidated Fund, or
(b) in any other case, may be sold by or on behalf of the Commissioner of Police at public auction and the proceeds of sale are to be paid to the Treasurer for payment into the Consolidated Fund.
If the property is not money or is not fit or suitable for sale, or fails to sell at public auction, it is to be disposed of in accordance with the directions of the Commissioner of Police.
An order under subsection (2) (a) that provides for the extinguishment, whether in whole or in part, of any interest in property operates to extinguish the interest according to its tenor.
If any proceedings (whether criminal or not) are brought against any police officer for anything done or purportedly done by the police officer in pursuance of an authorisation under Part 2, the police officer is not to be convicted or held liable merely because—
(a) there was an irregularity or defect in the giving of the authorisation, or
(b) the person who gave the authorisation lacked the jurisdiction to do so.
The Minister may enter into arrangements with a Minister of the Commonwealth under which—
(a) things seized under this Act that may be relevant to the investigation of an offence against the law of the Commonwealth—
(i) are to be transmitted to the Commissioner of the Australian Federal Police for the purposes of the investigation of, or proceedings in respect of, that offence, and
(ii) when no longer required for the purposes of any such investigation or proceedings, are (unless disposed of by order or direction of a court or Magistrate) to be returned to the Commissioner of Police, and
(b) things seized under the law of the Commonwealth that may be relevant to the investigation of an offence against the law of this State—
(i) are to be transmitted to the Commissioner of Police, and
(ii) when no longer required for the purposes of the investigation of an offence, or proceedings in respect of an offence, are (unless disposed of by order or direction of a court or Magistrate) to be returned to the Commissioner of the Australian Federal Police.
Nothing in any other Act limits any powers, or prevents a police officer from exercising any powers, that the police officer has under this Act.
Nothing in this Act limits any powers, or prevents a police officer from exercising any powers, that the police officer has under any other Act.
The Independent Commission Against Corruption and the Law Enforcement Conduct Commission may enter into arrangements with the Commissioner of Police under which any of their staff or facilities are used by the Commissioner of Police in connection with the investigation of suspected terrorist acts or possible terrorist acts.
Subsection (1) does not limit any other arrangement that may be entered into with the Commissioner of Police with respect to the investigation of criminal offences.
This Act binds the Crown in right of New South Wales and, in so far as the legislative power of the Parliament of New South Wales permits, the Crown in all its other capacities.
The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.
The regulations may create offences punishable by a penalty not exceeding 100 penalty units.
The onus of proof of reasonable excuse in proceedings for an offence against this Act or the regulations lies on the person accused of the offence.
Proceedings for an offence against this Act or the regulations, other than an offence against section 26P or 26ZI (6) or (8), are to be dealt with summarily by the Local Court.
Schedule 2 has effect.
The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.
For the purpose of the review, the Minister may require the Commissioner of Police to provide information about the exercise of functions in respect of covert search warrants under this Act by members of the NSW Police Force.
For the purposes of the review, the Minister may require the Commissioner of Police to provide information about the exercise of functions under Part 2A by police officers.
For the purposes of the review, the Minister may require the Commissioner of Police to provide information about declarations made by the Commissioner under Part 2AAA.
The review is to be undertaken, every 3 years, as soon as possible after the reports of the Law Enforcement Conduct Commission under sections 26ZO and 27ZC have been tabled in each House of Parliament.
A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of each period referred to in subsection (2).
(Repealed)
(Section 35)
The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts—
• Terrorism Legislation Amendment (Warrants) Act 2005
• Terrorism (Police Powers) Amendment Act 2010
• any other Act that amends this Act
Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.
To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as—
(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or
(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
Part 3 of this Act (as inserted by the Terrorism Legislation Amendment (Warrants) Act 2005) applies in relation to a terrorist act, whether committed before or after the commencement of that Part.
Terrorism (Police Powers) Act 2002 No 115. Second reading speech made: Legislative Assembly, 19.11.2002; Legislative Council, 3.12.2002. Assented to 5.12.2002. Date of commencement, 13.12.2002, sec 2 and GG No 255 of 13.12.2002, p 10562. This Act has been amended as follows—
No 82 | Statute Law (Miscellaneous Provisions) Act (No 2) 2003. Assented to 27.11.2003. Date of commencement of Sch 3, assent, sec 2 (1). | |
No 48 | Crimes Legislation Amendment (Terrorism) Act 2004. Assented to 6.7.2004. Date of commencement of Sch 3, assent, sec 2 (1). | |
No 54 | Terrorism Legislation Amendment (Warrants) Act 2005. Assented to 27.6.2005. Sec 6 was not commenced and was repealed by the Courts and Crimes Legislation Amendment Act 2008 No 53; date of commencement of Schs 1 and 2, 13.9.2005, sec 2 (1) and GG No 113 of 9.9.2005, p 7271. Amended by APEC Meeting (Police Powers) Act 2007 No 14. Assented to 4.7.2007. Date of commencement, assent, sec 2. | |
No 114 | Terrorism (Police Powers) Amendment (Preventative Detention) Act 2005. Assented to 7.12.2005. Date of commencement, 16.12.2005, sec 2 and GG No 158 of 16.12.2005, p 11191. | |
No 58 | Statute Law (Miscellaneous Provisions) Act 2006. Assented to 20.6.2006. Date of commencement of Sch 1.36, assent, sec 2 (2). | |
No 94 | Police Amendment (Miscellaneous) Act 2006. Assented to 22.11.2006. Date of commencement of Sch 3.35, 1.2.2007, sec 2 and GG No 22 of 1.2.2007, p 575. | |
No 128 | Police Powers Legislation Amendment Act 2006. Assented to 12.12.2006. Date of commencement of Sch 3, assent, sec 2 (1). | |
No 11 | Terrorism (Police Powers) Amendment (Preventative Detention Orders) Act 2007. Assented to 15.6.2007. Date of commencement, assent, sec 2. | |
No 94 | Miscellaneous Acts (Local Court) Amendment Act 2007. Assented to 13.12.2007. Date of commencement of Sch 2, 6.7.2009, sec 2 and 2009 (314) LW 3.7.2009. | |
No 97 | Law Enforcement and Other Legislation Amendment Act 2007. Assented to 13.12.2007. Date of commencement of Sch 4, 21.12.2007, sec 2 (1) and GG No 185 of 21.12.2007, p 9813. | |
No 53 | Courts and Crimes Legislation Amendment Act 2008. Assented to 1.7.2008. Date of commencement of Sch 21, 13.9.2010, sec 2 (6). | |
No 62 | Statute Law (Miscellaneous Provisions) Act 2008. Assented to 1.7.2008. Date of commencement of Sch 2.58, assent, sec 2 (2). | |
No 114 | Statute Law (Miscellaneous Provisions) Act (No 2) 2008. Assented to 10.12.2008. Date of commencement of Sch 2.34, assent, sec 2 (2). | |
No 8 | Law Enforcement (Powers and Responsibilities) Amendment (Search Powers) Act 2009. Assented to 7.4.2009. Date of commencement, 29.5.2009, cl 2 and 2009 (195) LW 29.5.2009. | |
No 77 | Courts and Crimes Legislation Amendment Act 2009. Assented to 3.11.2009. Date of commencement of Sch 1, assent, sec 2 (1). | |
No 19 | Relationships Register Act 2010. Assented to 19.5.2010. Date of commencement of Sch 3, assent, sec 2 (2). | |
No 57 | Personal Property Securities Legislation Amendment Act 2010. Assented to 28.6.2010. Date of commencement of Sch 1.23, 30.1.2012, sec 2 and 2011 (661) LW 16.12.2011. | |
No 72 | Terrorism (Police Powers) Amendment Act 2010. Assented to 28.9.2010. Date of commencement of Sch 1 [1]–[19] [21]–[28], 16.12.2010, sec 2 (1) and 2010 (696) LW 16.12.2010; date of commencement of Sch 1 [20], 13.9.2010, sec 2 (2). | |
No 31 | Law Enforcement (Powers and Responsibilities) Amendment Act 2014. Assented to 24.6.2014. Date of commencement of Sch 5.13, 1.11.2014, sec 2 and 2014 (697) LW 31.10.2014. | |
No 59 | Crimes Legislation Amendment Act 2014. Assented to 23.10.2014. Date of commencement, assent, sec 2. | |
No 45 | Terrorism (Police Powers) Amendment Act 2015. Assented to 5.11.2015. Date of commencement, assent, sec 2. | |
No 17 | Terrorism (Police Powers) Amendment (Investigative Detention) Act 2016. Assented to 16.5.2016. Date of commencement, assent, sec 2. | |
No 61 | Law Enforcement Conduct Commission Act 2016. Assented to 14.11.2016. Date of commencement of Sch 6.44, 1.7.2017, sec 2 (1) and 2017 (256) LW 16.6.2017. | |
No 24 | Terrorism Legislation Amendment (Police Powers and Parole) Act 2017. Assented to 22.6.2017. Date of commencement, assent, sec 2. |
No 40 | Justice Legislation Amendment Act 2017. Assented to 14.8.2017. Date of commencement of Sch 1.12, assent, sec 2 (1). | |
No 44 | Justice Legislation Amendment Act (No 2) 2017. Assented to 25.9.2017. Date of commencement of Sch 1.24, assent, sec 2 (1). | |
No 92 | Terrorism (Police Powers) Amendment (Statutory Review) Act 2018. Assented to 28.11.2018. Date of commencement, assent, sec 2. | |
No 26 | Stronger Communities Legislation Amendment (Crimes) Act 2020. Assented to 28.9.2020. Date of commencement, assent, sec 2. | |
No 46 | Crimes Legislation Amendment Act 2021. Assented to 8.12.2021. Date of commencement of Sch 1.6, assent, sec 2(1). | |
No 39 | Justice Legislation Amendment (Miscellaneous) Act 2023. Assented to 30.10.2023. Date of commencement, assent, sec 2. | |
No 6 | Crimes (Administration of Sentences) Amendment Act 2025. Assented to 2.3.2025. Date of commencement, 12.5.2025, sec 2 and 2025 (196) LW 9.5.2025. |
Sec 4 | Am 2005 No 54, Sch 2 [1]–[3]; 2010 No 72, Sch 1 [1]. |
Sec 4A | Ins 2005 No 54, Sch 2 [4]. |
Part 2 | Ins 2005 No 54, Sch 2 [5]. |
Part 2, Div 1 | Ins 2005 No 54, Sch 2 [5]. |
Sec 4B | Ins 2005 No 54, Sch 2 [5]. Am 2016 No 17, Sch 1 [1]. |
Part 2, Div 2 (previously Part 2) | Renumbered 2005 No 54, Sch 2 [6]. |
Sec 5 | Am 2004 No 48, Sch 3 [1]; 2005 No 54, Sch 2 [7] [8]; 2016 No 17, Sch 1 [2]. |
Sec 6 | Am 2005 No 54, Sch 2 [7] [8]. |
Sec 7 | Am 2005 No 54, Sch 2 [8]. |
Sec 8 | Am 2005 No 54, Sch 2 [7]; 2006 No 128, Sch 3 [1]. |
Sec 10 | Am 2005 No 54, Sch 2 [8]. |
Sec 11 | Am 2005 No 54, Sch 2 [7]. |
Sec 13 | Am 2005 No 54, Sch 2 [7]; 2016 No 61, Sch 6.44 [1]. |
Sec 14 | Am 2005 No 54, Sch 2 [8]; 2006 No 128, Sch 3 [2]. |
Sec 14, note | Am 2005 No 54, Sch 2 [8] [9]; 2016 No 17, Sch 1 [3]. |
Sec 14A | Ins 2004 No 48, Sch 3 [2]. Am 2005 No 54, Sch 2 [8]. |
Sec 14B (previously sec 26) | Renumbered 2005 No 54, Sch 2 [11]. |
Part 2, Div 3, heading (previously Part 3, heading) | Renumbered 2005 No 54, Sch 2 [6]. Am 2005 No 54, Sch 2 [10]. |
Part 2, Div 3 (previously Part 3) | Renumbered 2005 No 54, Sch 2 [6]. |
Part 2, Div 3, note | Ins 2018 No 92, Sch 1 [1]. |
Sec 15 | Am 2005 No 54, Sch 2 [7] [8]. |
Sec 16 | Am 2017 No 44, Sch 1.24 [1]–[3]; 2018 No 92, Sch 1 [2]. |
Sec 17 | Am 2006 No 128, Sch 3 [3]; 2017 No 40, Sch 1.12 [1]; 2018 No 92, Sch 1 [3]. |
Sec 18 | Am 2006 No 128, Sch 3 [4]; 2007 No 97, Sch 4.1 [1]. |
Sec 19A | Ins 2004 No 48, Sch 3 [3]. Am 2005 No 54, Sch 2 [7]. |
Secs 20, 21 | Am 2005 No 54, Sch 2 [7]. |
Sec 22 | Am 2005 No 54, Sch 2 [7]; 2007 No 97, Sch 4.1 [2]. |
Sec 23 | Am 2005 No 54, Sch 2 [7] [8]; 2006 No 128, Sch 3 [5] [6]; 2007 No 97, Sch 4.1 [3]; 2010 No 72, Sch 1 [2]. Subst 2018 No 92, Sch 1 [4]. |
Part 2, Div 4 (previously Part 4) | Renumbered 2005 No 54, Sch 2 [6]. Rep 2016 No 17, Sch 1 [4]. Ins 2018 No 92, Sch 1 [5]. |
Sec 24 | Am 2005 No 54, Sch 2 [7] [8]. Rep 2016 No 17, Sch 1 [4]. Ins 2018 No 92, Sch 1 [5]. |
Part 2AAA | Ins 2017 No 24, Sch 1. |
Sec 24A | Ins 2017 No 24, Sch 1. Am 2020 No 26, Sch 1.16[1]. |
Sec 24B | Ins 2017 No 24, Sch 1. |
Sec 25 | Am 2005 No 54, Sch 2 [8]. Rep 2016 No 17, Sch 1 [4]. Ins 2018 No 92, Sch 1 [6]. |
Part 2AA | Ins 2016 No 17, Sch 1 [5]. |
Part 2AA, Div 1, heading | Ins 2018 No 92, Sch 1 [7]. |
Sec 25A | Ins 2016 No 17, Sch 1 [5]. |
Sec 25B | Ins 2016 No 17, Sch 1 [5]. |
Sec 25C | Ins 2016 No 17, Sch 1 [5]. |
Sec 25D | Ins 2016 No 17, Sch 1 [5]. Am 2023 No 39, Sch 5[1]. |
Part 2AA, Div 2, heading | Ins 2018 No 92, Sch 1 [8]. |
Secs 25E–25G | Ins 2016 No 17, Sch 1 [5]. |
Sec 25GA | Ins 2018 No 92, Sch 1 [9]. |
Secs 25H–25K | Ins 2016 No 17, Sch 1 [5]. |
Sec 25L | Ins 2016 No 17, Sch 1 [5]. Am 2018 No 92, Sch 1 [10]. |
Sec 25M | Ins 2016 No 17, Sch 1 [5]. |
Part 2AA, Div 3, heading | Ins 2018 No 92, Sch 1 [11]. |
Secs 25MA–25MD | Ins 2018 No 92, Sch 1 [11]. |
Sec 25N | Ins 2016 No 17, Sch 1 [5]. Am 2018 No 92, Sch 1 [12]. |
Sec 25O | Ins 2016 No 17, Sch 1 [5]. |
Part 2AA, Div 4, heading | Ins 2018 No 92, Sch 1 [13]. |
Secs 25P, 25Q | Ins 2016 No 17, Sch 1 [5]. |
Sec 26 | Am 2005 No 54, Sch 2 [7]. Renumbered as sec 14B 2005 No 54, Sch 2 [7]. |
Part 2A | Ins 2005 No 114, Sch 1 [1]. |
Part 2A, Div 1 (secs 26A–26C) | Ins 2005 No 114, Sch 1 [1]. |
Part 2A, Div 2 | Ins 2005 No 114, Sch 1 [1]. |
Sec 26D | Ins 2005 No 114, Sch 1 [1]. Am 2016 No 17, Sch 1 [6]. |
Sec 26E | Ins 2005 No 114, Sch 1 [1]. Am 2007 No 97, Sch 4.1 [4]. |
Secs 26F–26P | Ins 2005 No 114, Sch 1 [1]. |
Sec 26PA | Ins 2010 No 72, Sch 1 [3]. |
Part 2A, Div 3 | Ins 2005 No 114, Sch 1 [1]. |
Secs 26Q–26S | Ins 2005 No 114, Sch 1 [1]. |
Sec 26T | Ins 2005 No 114, Sch 1 [1]. Am 2014 No 31, Sch 5.13; 2017 No 44, Sch 1.24 [1]. |
Sec 26U | Ins 2005 No 114, Sch 1 [1]. Am 2007 No 97, Sch 4.1 [5] [6]. |
Sec 26V | Ins 2005 No 114, Sch 1 [1]. Am 2017 No 40, Sch 1.12 [2]; 2018 No 92, Sch 1 [14]. |
Sec 26W | Ins 2005 No 114, Sch 1 [1]. Am 2010 No 72, Sch 1 [4]. |
Sec 26X | Ins 2005 No 114, Sch 1 [1]. Am 2007 No 11, Sch 1; 2018 No 92, Sch 1 [15]. |
Part 2A, Div 4 | Ins 2005 No 114, Sch 1 [1]. |
Sec 26Y | Ins 2005 No 114, Sch 1 [1]. Am 2010 No 72, Sch 1 [5] [6]; 2016 No 61, Sch 6.44 [2]; 2023 No 39, Sch 5[2] [3]. |
Sec 26Z | Ins 2005 No 114, Sch 1 [1]. Am 2010 No 72, Sch 1 [7] [8]; 2016 No 61, Sch 6.44 [3]; 2023 No 39, Sch 5[4] [5]. |
Sec 26ZA | Ins 2005 No 114, Sch 1 [1]. Am 2007 No 97, Sch 4.1 [7]. |
Sec 26ZB | Ins 2005 No 114, Sch 1 [1]. |
Part 2A, Div 5 | Ins 2005 No 114, Sch 1 [1]. |
Secs 26ZC, 26ZD | Ins 2005 No 114, Sch 1 [1]. |
Sec 26ZE | Ins 2005 No 114, Sch 1 [1]. Am 2010 No 19, Sch 3.113 [1] [2]. |
Sec 26ZF | Ins 2005 No 114, Sch 1 [1]. Am 2016 No 61, Sch 6.44 [4]. Subst 2023 No 39, Sch 5[6]. |
Sec 26ZG | Ins 2005 No 114, Sch 1 [1]. Am 2010 No 72, Sch 1 [9]; 2016 No 61, Sch 6.44 [5]; 2018 No 92, Sch 1 [16]. |
Sec 26ZGA | Ins 2010 No 72, Sch 1 [10]. Am 2025 No 6, Sch 2.3. |
Sec 26ZH | Ins 2005 No 114, Sch 1 [1]. Am 2010 No 72, Sch 1 [11] [12]; 2018 No 92, Sch 1 [17] [18]. |
Sec 26ZI | Ins 2005 No 114, Sch 1 [1]. Am 2010 No 72, Sch 1 [13] [14]; 2014 No 59, Sch 1.11 [1]–[3]; 2018 No 92, Sch 1 [19]. |
Sec 26ZJ | Ins 2005 No 114, Sch 1 [1]. Am 2010 No 72, Sch 1 [13]. |
Sec 26ZK | Ins 2005 No 114, Sch 1 [1]. |
Sec 26ZL | Ins 2005 No 114, Sch 1 [1]. Am 2010 No 72, Sch 1 [15] [16]; 2018 No 92, Sch 1 [20]. |
Sec 26ZLA | Ins 2018 No 92, Sch 1 [21]. |
Sec 26ZM | Ins 2005 No 114, Sch 1 [1]. |
Part 2A, Div 6 | Ins 2005 No 114, Sch 1 [1]. |
Sec 26ZN | Ins 2005 No 114, Sch 1 [1]. Am 2016 No 61, Sch 6.44 [6]. |
Sec 26ZO | Ins 2005 No 114, Sch 1 [1]. Am 2006 No 58, Sch 1.36 [1]; 2008 No 114, Sch 2.34; 2010 No 72, Sch 1 [17]–[19]; 2016 No 61, Sch 6.44 [7] [8]; 2018 No 92, Sch 1 [22]. |
Sec 26ZP | Ins 2005 No 114, Sch 1 [1]. Am 2016 No 61, Sch 6.44 [9]. |
Secs 26ZQ, 26ZR | Ins 2005 No 114, Sch 1 [1]. |
Sec 26ZS | Ins 2005 No 114, Sch 1 [1]. Am 2015 No 45, Sch 1 [1] [2]; 2018 No 92, Sch 1 [23]; 2021 No 46, Sch 1.6; 2023 No 39, Sch 5[7]. |
Part 3 | Ins 2005 No 54, Sch 1 [1]. |
Part 3, Div 1 | Ins 2005 No 54, Sch 1 [1]. |
Sec 27A | Ins 2005 No 54, Sch 1 [1]. Am 2007 No 97, Sch 4.1 [8]; 2008 No 53, Sch 21; 2010 No 72, Sch 1 [20]; 2015 No 45, Sch 1 [3]. |
Sec 27B | Ins 2005 No 54, Sch 1 [1]. Am 2009 No 77, Sch 1.5. |
Part 3, Div 2 | Ins 2005 No 54, Sch 1 [1]. |
Sec 27C | Ins 2005 No 54, Sch 1 [1]. |
Sec 27D | Ins 2005 No 54, Sch 1 [1]. Am 2015 No 45, Sch 1 [4]. |
Sec 27E | Ins 2005 No 54, Sch 1 [1]. |
Sec 27F | Ins 2005 No 54, Sch 1 [1]. Rep 2015 No 45, Sch 1 [5]. |
Part 3, Div 3 | Ins 2005 No 54, Sch 1 [1]. |
Sec 27G | Ins 2005 No 54, Sch 1 [1]. Am 2015 No 45, Sch 1 [6] [7]. |
Sec 27H | Ins 2005 No 54, Sch 1 [1]. |
Sec 27I | Ins 2005 No 54, Sch 1 [1]. Am 2015 No 45, Sch 1 [6]. |
Secs 27J–27N | Ins 2005 No 54, Sch 1 [1]. |
Part 3, Div 4 | Ins 2005 No 54, Sch 1 [1]. |
Sec 27O | Ins 2005 No 54, Sch 1 [1]. Am 2006 No 128, Sch 3 [7]; 2015 No 45, Sch 1 [8]. |
Secs 27OA, 27OB | Ins 2009 No 8, Sch 2.3 [1]. |
Secs 27P–27R | Ins 2005 No 54, Sch 1 [1]. |
Sec 27S | Ins 2005 No 54, Sch 1 [1]. Am 2015 No 45, Sch 1 [9] [10]. |
Sec 27T | Ins 2005 No 54, Sch 1 [1]. |
Sec 27U | Ins 2005 No 54, Sch 1 [1]. Am 2007 No 97, Sch 4.1 [9]; 2008 No 62, Sch 2.58; 2015 No 45, Sch 1 [11]–[13]. |
Sec 27V | Ins 2005 No 54, Sch 1 [1]. |
Sec 27W | Ins 2005 No 54, Sch 1 [1]. Am 2009 No 8, Sch 2.3 [2] [3]. Rep 2010 No 72, Sch 1 [21]. |
Part 3, Div 5 | Ins 2005 No 54, Sch 1 [1]. |
Secs 27X–27Z | Ins 2005 No 54, Sch 1 [1]. |
Sec 27ZA | Ins 2005 No 54, Sch 1 [1]. Am 2015 No 45, Sch 1 [14]. |
Sec 27ZB | Ins 2005 No 54, Sch 1 [1]. Am 2015 No 45, Sch 1 [15]–[18]. |
Sec 27ZC | Ins 2005 No 54, Sch 1 [1]. Am 2006 No 58, Sch 1.36 [2] [3]; 2010 No 72, Sch 1 [22]–[25]; 2015 No 45, Sch 1 [19] [20]; 2016 No 61, Sch 6.44 [10] [11]; 2018 No 92, Sch 1 [24] [25]. |
Part 4 (previously Part 5) | Renumbered 2005 No 54, Sch 2 [12]. |
Sec 27 | Am 2005 No 54, Sch 2 [13] [14]. |
Sec 28 | Am 2005 No 54, Sch 2 [15]; 2010 No 57, Sch 1.23 [1] [2]. |
Sec 29 | Am 2005 No 54, Sch 2 [16]. |
Sec 29A | Ins 2005 No 54, Sch 1 [2]. Am 2015 No 45, Sch 1 [21]. |
Sec 30A | Ins 2005 No 114, Sch 1 [2]. Am 2016 No 61, Sch 6.44 [12]. |
Sec 34 | Am 2005 No 114, Sch 1 [3]; 2007 No 94, Sch 2; 2014 No 59, Sch 1.11 [4]. |
Sec 35 | Rep 2003 No 82, Sch 3. Ins 2005 No 54, Sch 2 [17]. |
Sec 36 | Am 2005 No 54, Sch 1 [3]; 2005 No 114, Sch 1 [4]; 2006 No 128, Sch 3 [8]; 2010 No 72, Sch 1 [26]; 2015 No 45, Sch 1 [22]; 2016 No 61, Sch 6.44 [13]; 2020 No 26, Sch 1.16[2]. |
Sch 1 | Am 2010 No 72, Sch 1 [27]; 2017 No 40, Sch 1.12 [3]–[5]. Rep 2018 No 92, Sch 1 [26]. |
Sch 2 | Rep 2003 No 82, Sch 3. Ins 2005 No 54, Sch 2 [18]. Am 2010 No 72, Sch 1 [28]; 2015 No 45, Sch 1 [23]. |
The whole Act | Am 2006 No 94, Sch 3.35 (“NSW Police” omitted wherever occurring, “the NSW Police Force” inserted instead). |
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