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This is a Bill, not an Act. For current law, see the Acts databases.


TERRORISM (EXTRAORDINARY TEMPORARY POWERS) AMENDMENT BILL 2011

2011

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Attorney-General)

Terrorism (Extraordinary Temporary Powers) Amendment Bill 2011



Contents

Page









2011

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Attorney-General)

Terrorism (Extraordinary Temporary Powers) Amendment Bill 2011



A Bill for

An Act to amend the Terrorism (Extraordinary Temporary Powers) Act 2006









The Legislative Assembly for the Australian Capital Territory enacts as follows:

1 Name of Act

This Act is the Terrorism (Extraordinary Temporary Powers) Amendment Act 2011.

2 Commencement

This Act commences on the day after its notification day.

Note The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

3 Legislation amended

This Act amends the Terrorism (Extraordinary Temporary Powers) Act 2006.

4 No preventative detention orders for children

Section 11 (2) (b)

substitute

(b) if, after making the inquiries, the police officer believes on reasonable grounds that the person is a child, the police officer must release the person from detention under the order as soon as practicable and, unless there is some other basis for detaining the child—

(i) arrange for the child to be escorted by a police officer to the child’s home; or

(ii) arrange for a person with parental responsibility for the child to collect the child from the place where the child is detained; or

(iii) release the child.

(2A) If a police officer releases a child under subsection (2) (b) (iii), the police officer must tell the CYP director-general about the release as soon as practicable after the release.

5 New section 11 (4)

insert

(4) In this section:

CYP director-general means the director-general responsible for the Children and Young People Act 2008.

person with parental responsibility, for a child—means a person who has parental responsibility for the child under the Children and Young People Act 2008, division 1.3.2.

6 Setting aside or amending preventative detention orders

Section 31 (3), new note

insert

Note If the order is set aside, it ceases to have effect (see s 22 (2) (d) and s 30 (e)).

7 Exercising authorised special powers—general provisions

Section 78 (5) (b)

omit

8 Section 78 (9)

after

must

insert

within a reasonable time

9 Section 100

substitute

100 Review of Act after 8 years of operation

The Minister must—

(a) review the operation and effectiveness of this Act after it has been in operation for 8 years; and

(b) present a report of the review to the Legislative Assembly before the end of the Act’s 9th year of operation (19 November 2015).

10 Expiry of Act etc

Section 101 (1)

omit

5 years

substitute

10 years

Endnotes

1 Presentation speech

Presentation speech made in the Legislative Assembly on 2011.

2 Notification

Notified under the Legislation Act on 2011.

3 Republications of amended laws

For the latest republication of amended laws, see www.legislation.act.gov.au.









































© Australian Capital Territory 2011

 


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