Northern Territory Consolidated Acts
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TERRORISM (EMERGENCY POWERS) ACT 2003
TABLE OF PROVISIONS
Long Title
PART 1--PRELIMINARY
1. Short title
2. Commencement
3. Act binds the Crown
4. Interpretation
4A. Extraterritoriality of terrorist act no barrier
5. Terrorist act
PART 2--POWERS EXERCISABLE UNDER AUTHORISATIONS
Division 1--Giving of authorisations
6. When authorisation may be given
7. Purposes for which authorisation may be given
8. Who may give authorisation
9. Form of authorisation
10. Duration of authorisation
11. Revocation of authorisation
12. Legality of authorisation
12A. Power to give directions to public authorities
13. Report to be given to Attorney-General and Police Minister
14. Report to be tabled in Legislative Assembly
Division 2--Powers given by authorisation
15. Purposes for which powers under authorisation may be exercised
16. Power to make person disclose identity and address
17. Power to search persons
18. Power to search vehicles
19. Power to enter and search premises
20. Power to enter premises for surveillance or to protect persons
PART 2A--POWERS EXERCISABLE UNDER SPECIAL AREA DECLARATION
Division 1--Preliminary matters
20A. Definitions
Division 2--Making special area declaration
20B. Special area declaration
20C. Form of declaration
20D. Duration of declaration
20E. Revocation of declaration
20F. Legality of declaration
20G. Effect of failure to publish
20H. Report to be given to Attorney-General and Police Minister
20J. Report to be tabled in Legislative Assembly
Division 3--Powers given by special area declaration
20K. Powers which may be exercised under declaration
20L. Power to make person disclose identity and address
20M. Power to search persons
20N. Power to search vehicles
Division 4--Seizure of terrorism related items and serious offence related items
20P. Seizure of items
20Q. Seizure notice
20R. Return of seized item
20S. Forfeiture of seized item
20T. Application to Local Court Judge
PART 2B--PREVENTATIVE DETENTION ORDERS
Division 1--Preliminary matters
21. Object
21A. Definitions
21B. Same terrorist act
21C. Eligible Judges
21D. Authorised police officers
Division 2--Preventative detention orders
21E. Application for preventative detention order
21F. Form and content of application
21G. When preventative detention order may be made
21H. Nature and content of preventative detention order
21J. Commissioner of Correctional Services or CEO (Youth Justice) to be given copy of preventative detention order if person detained in custody
21K. Maximum period of detention
21L. When order starts and ceases to have effect
21M. No preventative detention order in relation to person under 16
21N. Multiple preventative detention orders
21P. Review of preventative detention order by Supreme Court
21Q. Prohibited contact order – person in relation to whom preventative detention order being sought
21R. Prohibited contact order – person in relation to whom preventative detention order in force
21S. Application by detainee for revocation or variation of preventative detention order or prohibited contact order
21T. Application by police officer for revocation or variation of preventative detention order or prohibited contact order
21U. Hearing procedures for proceedings in relation to orders
Division 3--Carrying out preventative detention orders
21V. Power to detain person under preventative detention order
21W. Senior police officer with functions under preventative detention order
21X. Nominated police officer to oversee order
21Y. Endorsement of order with date and time person taken into custody
21Z. Power to require disclosure of identity
21ZA. Power to enter premises and vehicles
21ZB. Release of person from preventative detention
21ZC. Arrangement for detainee to be held in custodial correctional facility
Division 4--Informing person detained about preventative detention orders
21ZD. Effect of preventative detention order to be explained to person detained
21ZE. Compliance with obligation to inform
21ZF. Copy of preventative detention order and summary of grounds
Division 5--Treatment of person detained
21ZG. Humane treatment of person being detained
21ZH. Restriction on contact with other people
21ZI. Contacting family members etc.
21ZJ. Contacting Ombudsman and Ethical and Professional Standards Command
21ZK. Contacting lawyer
21ZL. Special contact rules for person under 18 or incapable of managing own affairs
21ZM. Monitoring contact with certain persons
21ZN. Entitlement to contact subject to prohibited contact order
21ZO. Disclosure offences
21ZP. Questioning of person prohibited while person is detained
21ZQ. Taking identification material
21ZR. Use of identification material
Division 6--Miscellaneous matters
21ZS. Annual reports to be given to Police Minister
21ZT. Law relating to client legal privilege not affected
21ZU. Legal proceedings for remedy in relation to orders
21ZV. Sunset provision
PART 3--POWERS RELATING TO PUBLIC HEALTH AND SAFETY
Division 1--Movement of persons and vehicles
22. Vehicles may be required to be moved or prevented from entering area
22A. Movement into and out of area may be restricted
23. Person may be directed to leave, remain in or not enter area
Division 2--Quarantine
24. Police officer may direct person to submit to decontamination and quarantine for up to 48 hours
25. Chief Health Officer may direct person to submit to decontamination and quarantine for more than 48 hours
Division 3--Contaminated or unsafe property
26. Premises may be made safe
27. Decontamination etc. of things
PART 3A--COVERT SEARCH WARRANTS
Division 1--Preliminary matters
27A. Interpretation
Division 2--Authorisations to apply for covert search warrants
27B. Who may apply for covert search warrant
27C. Form of authorisation
Division 3--Applications for, and issue of, covert search warrants
27D. Power to apply for covert search warrant
27E. Application for warrant in person
27F. Special warrant
27G. Information in application for warrant
27H. Determining application for covert search warrant
27J. Record of determination by Supreme Court Judge
27K. Further application for warrant after refusal
27L. Contents of covert search warrant
Division 4--Execution of covert search warrants and provisions applying after warrants executed
Subdivision 1--Preliminary matters
27M. Interpretation
Subdivision 2--Powers exercisable under covert search warrants
27N. Powers automatically conferred by covert search warrant
27P. Powers expressly conferred by covert search warrant
27Q. Power of re-entry
27R. Power to stop, detain and search etc.
Subdivision 3--Execution and currency of covert search warrant
27S. Use of assistants to execute warrant
27T. Expiry of covert search warrant
Subdivision 4--Provisions applying after warrants executed
27U. Report to Supreme Court Judge on execution of warrant
27V. Defects in covert search warrants
Division 5--Miscellaneous matters
27W. Matters to be dealt with in absence of public
27X. False or misleading information in applications or reports
27Y. No publication or disclosure of information about covert search warrants
27Z. Annual reports to be given to Police Minister
PART 4--OTHER POWERS
Division 1--Enforcement
28. Use of force
29. Power to seize and detain things etc.
30. Securing of crime scene
31. Compulsory reporting of thefts and unusual sales of potential terrorism hazards
Division 2--Assistance with enforcement
32. Recognition of other law enforcement officers
33. Recognised law enforcement officers to have police powers
34. Police officer may require assistance from members of public
35. Protection of persons acting under this Act
Division 3--Offences
36. Offence of failing to comply with direction
37. Offence of obstructing or hindering exercise of powers
38. Offence of resisting or inciting resistance to exercise of powers
PART 5--DUTIES UNDER THIS ACT
39. Police officer to give details to certain persons
40. Conditions of search of persons
41. Return of seized things
42. Acquisition
PART 6--MISCELLANEOUS
43. Relationship with other Acts
44. Onus of proof
45. Authorisation may constitute reasonable grounds for suspicion
46. Regulations
47. Review of Act
SCHEDULE
ENDNOTES
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