Commonwealth Consolidated Acts

CRIMES ACT 1914 - SECT 3UJ

Declaration

  (1)   The Minister may declare, in writing, a Commonwealth place to be a prescribed security zone if he or she considers that a declaration would assist:

  (a)   in preventing a terrorist act occurring; or

  (b)   in responding to a terrorist act that has occurred.

  (1A)   In deciding whether to make a declaration under subsection   (1) in relation to a Commonwealth place on the ground mentioned in paragraph   (1)(a) or (b), the Minister must have regard to:

  (a)   whether the impact of the declaration on the rights of persons in the Commonwealth place would be:

  (i)   reasonable; and

  (ii)   proportionate to that ground; and

  (b)   the appropriate duration of the declaration; and

  (c)   in the case of a declaration made on the ground mentioned in paragraph   (1)(a)--the availability and effectiveness of any powers that:

  (i)   are conferred by a law of the Commonwealth (other than this Division) or a law of a State or Territory; and

  (ii)   would assist in preventing a terrorist act occurring; and

  (d)   in the case of a declaration made on the ground mentioned in paragraph   (1)(b)--the availability and effectiveness of any powers that:

  (i)   are conferred by a law of the Commonwealth (other than this Division) or a law of a State or Territory; and

  (ii)   would assist in responding to a terrorist act that has occurred; and

  (e)   in the case of a declaration that is one of a series of successive declarations under subsection   (1) in relation to the Commonwealth place--the impact and proportionality of that series of successive declarations; and

  (f)   such other matters (if any) as the Minister considers relevant.

Declaration has effect

  (2)   A declaration under this section has effect accordingly.

Duration of declaration

  (3)   A declaration ceases to have effect:

  (a)   at the end of 28 days after it is made; or

  (b)   if a shorter period is specified in the declaration--at the end of the shorter period;

unless the declaration is revoked by the Minister before then.

Revocation of declaration

  (4)   The Minister must revoke a declaration, in writing, if he or she is satisfied that:

  (a)   in the case of a declaration made on the ground mentioned in paragraph   (1)(a)--there is no longer a terrorism threat that justifies the declaration being continued; or

  (b)   in the case of a declaration made on the ground mentioned in paragraph   (1)(b)--the declaration is no longer required.

Gazettal and publication of declaration

  (5)   If a declaration of a Commonwealth place as a prescribed security zone under this section is made or revoked, the Minister must arrange for:

  (a)   a statement to be prepared that:

  (i)   states that the declaration has been made or revoked, as the case may be; and

  (ii)   identifies the prescribed security zone; and

  (b)   the statement to be:

  (i)   broadcast by a television or radio station so as to be capable of being received within the place; and

  (ii)   published in the Gazette ; and

  (iii)   published on the internet.

Notification of declaration

  (5A)   If a declaration of a Commonwealth place as a prescribed security zone under this section is made at a particular time, the Commissioner must:

  (a)   as soon as practicable after that time; and

  (b)   in any event, within 72 hours after that time;

arrange for:

  (c)   a statement to be prepared that:

  (i)   states that the declaration has been made; and

  (ii)   identifies the prescribed security zone; and

  (d)   the statement to be given to:

  (i)   the Commonwealth Ombudsman; and

  (ii)   the Independent National Security Legislation Monitor; and

  (iii)   the Parliamentary Joint Committee on Intelligence and Security.

Reasons for making determination

  (5B)   If a declaration was made under this section in relation to a Commonwealth place, the Minister must:

  (a)   give the Parliamentary Joint Committee on Intelligence and Security a written statement setting out the reasons for the making of the declaration; and

  (b)   do so as soon as practicable after the declaration was made.

Effect of failure to publish or notify

  (6)   A failure to comply with subsection   (5) or (5A) does not make the declaration or its revocation ineffective to any extent.

Effect of failure to give statement of reasons

  (6A)   A failure to comply with subsection   (5B) does not make the declaration ineffective to any extent.

Declaration or revocation not legislative instruments

  (7)   A declaration or revocation made under this section is not a legislative instrument.