Queensland Numbered Acts

COUNTER-TERRORISM AND OTHER LEGISLATION AMENDMENT ACT 2016 - SECT 41

41 Replacement of s 8M (Power to control movement of persons)

Section 8M—
omit, insert—

8M Power to control movement of persons

(1) This section applies to a person—

(a) who is in a declared area; or

(b) who a terrorist emergency officer reasonably suspects is about to enter a declared area.

(2) A terrorist emergency officer may direct the person—

(a) not to enter the declared area or a stated place in the declared area; or

(b) to go to, or stay at or in, a stated place in the declared area; or

(c) to go to, and stay at or in, a stated declared evacuation area.

(3) When the relevant commander is satisfied a direction given under subsection (2) is no longer reasonably necessary for a purpose mentioned in section 8L(1), the commander must ensure the direction is withdrawn.

(4) A person given 1 or more directions under subsection (2) is not, for that reason only, under arrest or in the custody of a police officer for the purposes of the Police Powers and Responsibilities Act 2000 .

(5) A direction given under subsection (2) is not an enforcement act for the purposes of the Police Powers and Responsibilities Act 2000.

(6) In this section—

"" relevant commander means—

(a) for a direction given under subsection (2)(a) or (b)—the terrorist emergency forward commander; or

(b) for a direction given under subsection (2)(c)—the TERC commander.