South Australian Current Regulations

POLICE REGULATIONS 2014 - REG 89A

89A—Terrorism intelligence

        (1)         In accordance with section 74B(1) of the Act, each of the following authorities is designated as a terrorism intelligence authority:

            (a)         SA Police;

            (b)         the Police Force of the Northern Territory of Australia;

            (c)         Victoria Police;

            (d)         the Commissioner under the Corrections Act 1986 of Victoria.

        (2)         In accordance with section 74B(2) of the Act, information may be classified by SA Police as terrorism intelligence in accordance with the following procedures:

            (a)         information that is being considered for classification as terrorism intelligence must be assessed by a member of SA Police in accordance with guidelines established by the Commissioner;

            (b)         the Commissioner may classify information that has been so assessed as terrorism intelligence;

            (c)         the Commissioner may not delegate the function of classifying information as terrorism intelligence except to a Deputy Commissioner or Assistant Commissioner of Police.

        (3)         The Commissioner must ensure that records are kept in relation to the use of terrorism intelligence.

        (4)         The Commissioner must ensure that records referred to in subregulation (3) would enable the following information to be determined for each period of 12 months ending on 30 June:

            (a)         the number of matters in relation to which terrorism intelligence was used during the period;

            (b)         the number of individual pieces of terrorism intelligence used in relation to each such matter;

            (c)         the relevant statutory provision for each such matter.

        (5)         The Commissioner must ensure that all relevant provisions of Department of the Premier and Cabinet Circular PC030 - Protective Security Policy Framework (or any Department of the Premier and Cabinet Circular issued in substitution for that Circular) are complied with in relation to terrorism intelligence (including in relation to the records referred to in subregulation (3)).

        (6)         For the purposes of paragraph (e) of the definition of "terrorist offence" in section 74B(12) of the Act, the following kinds of offences against the laws of South Australia are prescribed:

            (a)         an offence against section 83CA of the Criminal Law Consolidation Act 1935 ;

            (b)         any offence against Part 3D of the Criminal Law Consolidation Act 1935 ;

            (c)         an offence against section 37 of the Summary Offences Act 1953 .

        (7)         For the purposes of paragraph (e) of the definition of "terrorist offence" in section 3(1) of the Act, the following kinds of offences against the laws of other States and Territories of the Commonwealth are prescribed:

            (a)         an offence against section 310J of the Crimes Act 1900 of New South Wales;

            (b)         the following offences against Schedule 1 of the Criminal Code Act 1983 of the Northern Territory:

                  (i)         an offence against section 51 where the unlawful organisation to which the offence relates is a terrorist organisation;

                  (ii)         an offence against section 53 where the unlawful organisation to which the offence relates is a terrorist organisation;

                  (iii)         an offence against section 54;

                  (iv)         an offence against section 55;

            (c)         an offence against section 4B of the Terrorism (Community Protection) Act 2003 of Victoria.

        (8)         In this regulation—

"terrorist organisation" means an organisation referred to in paragraph (b) of the definition of "terrorist organisation" in Division 102 of the Commonwealth Criminal Code.