Queensland Numbered Acts

COUNTER-TERRORISM AND OTHER LEGISLATION AMENDMENT ACT 2016 - SECT 45

45 Insertion of new pt 2A, div 2, sdiv 1A

Part 2A, division 2—
insert—

Subdivision 1A - Terrorist emergency officer powers for declared evacuation areas

8PA Definition for subdivision In this subdivision—

"terrorist emergency officer" means—

(a) the TERC commander; or

(b) a police officer acting on the TERC commander’s instructions.

8PB Grounds for exercise of power

(1) A terrorist emergency officer may exercise a terrorist emergency power under section only if the officer is satisfied that giving a person a direction under that section is necessary—

(a) for the safety of the person or another person; or

(b) to effectively manage the evacuation of the person to a declared evacuation area; or

(c) to effectively receive, identify or assess the person; or

(d) otherwise to effectively deal with the terrorist emergency.

(2) A terrorist emergency officer may exercise a terrorist emergency power under a section other than section only if the officer is satisfied the exercise of the power is necessary to effectively deal with the terrorist emergency.

(3) Also, a terrorist emergency officer may exercise a terrorist emergency power only during the period of the terrorist emergency.

(4) A terrorist emergency officer exercising a terrorist emergency power may use the force that is reasonably necessary.

8PC Power to control movement of persons

(1) This section applies to a person—

(a) who is in a declared evacuation area; or

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

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

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

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

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

(3) When the TERC commander is satisfied a direction given under subsection (2) is no longer reasonably necessary for a purpose mentioned in section (1), the commander must ensure the direction is withdrawn.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 under the Police Powers and Responsibilities Act 2000 .

8PD Application of particular provisions to terrorist emergency officer Sections 8N to 8P apply to a terrorist emergency officer as if—

(a) a reference in the sections to a terrorist emergency officer were a reference to a terrorist emergency officer under this subdivision; and

(b) a reference in the sections to a declared area were a reference to a declared evacuation area.