Terrorism (Police Powers) Regulation 2021 (NSW)

1Name of Regulation

This Regulation is the Terrorism (Police Powers) Regulation 2021.

2Commencement

This Regulation commences on the day on which it is published on the NSW legislation website.

Note—

This Regulation repeals and replaces the Terrorism (Police Powers) Regulation 2016, which would otherwise be repealed on 1 September 2021 by the Subordinate Legislation Act 1989, section 10(2).

3Definitions

In this Regulation—

eligible Judge has the same meaning as in the Act, Part 3.

the Act means the Terrorism (Police Powers) Act 2002.

Note—

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.

4Detainees under preventative detention orders—exclusion of certain provisions

For the purposes of the Act, section 26X(3), the subject is excluded from the application of the following provisions—

• (a)

  the Crimes (Administration of Sentences) Act 1999, sections 19–22, 25–38, 41C, 41D, 47–50, 66–71 and 228,

• (b)

  the Crimes (Administration of Sentences) Regulation 2014, clauses 5(f), 20–32, 64, 66, 74–86, 110–118, 165–167 and 169, to the extent that it would enable an inmate to speak to the Official Visitor, and Schedule 1, items 6 and 7,

• (c)

  provisions of a regulation made under the Crimes (Administration of Sentences) Act 1999, section 79(1)(i)–(l).

5Covert search warrants—delegates who may authorise applications for warrants

For the purposes of the Act, section 27E(2), the following positions are prescribed—

• (a)

  the Assistant Commissioner responsible for counter terrorism,

• (b)

  the Superintendent responsible for counter terrorism investigations.

6Covert search warrants—keeping and inspection of records(1)

For the purposes of the Act, section 27L(2), the following records must be kept—

• (a)

  a written application for a covert search warrant,

• (b)

  a record relating to the warrant made by or on behalf of an eligible Judge,

• (c)

  a copy of an occupier’s notice,

• (d)

  a report on the execution of the warrant.

(2)

The records must be made available, at the Supreme Court registry, for inspection by the following persons during the ordinary business hours of the registry—

• (a)

  a person who, when the warrant was executed, occupied the premises to which the warrant relates,

• (b)

  another person who is given an occupier’s notice relating to the warrant under the Act.

7Covert search warrants—certified records unavailable for inspection(1)

An eligible Judge may, at any time, issue a certificate to the effect that the Judge is satisfied that a document or part of a document referred to in section 6 contains matter that—

• (a)

  may disclose a person’s identity which, if disclosed, may jeopardise the safety of the person or another person, or

• (b)

  if disclosed, may seriously compromise the investigation of a matter.

(2)

The document or part of the document to which the certificate relates must not be made available for inspection under section 6(2).

(3)

The certificate must be kept with the document to which it relates.

(4)

An eligible Judge, whether or not the Judge who issued the certificate, may revoke the certificate if satisfied, after considering submissions from an interested party, that disclosure of the matter to which it relates—

• (a)

  may not jeopardise a person’s safety, or

• (b)

  may no longer seriously compromise the investigation of a matter.

8Attorney General may approve forms

The Attorney General may approve forms as may be necessary or convenient for the administration of the Act.

9Repeal and saving(1)

The Terrorism (Police Powers) Regulation 2016 is repealed.

(2)

Any act, matter or thing that, immediately before the repeal of the Terrorism (Police Powers) Regulation 2016, had effect under that Regulation continues to have effect under this Regulation.

Historical notesTable of amending instruments

Terrorism (Police Powers) Regulation 2021(466). LW 20.8.2021. Date of commencement, on publication on LW, sec 2.