Commonwealth Numbered Acts

COUNTER-TERRORISM LEGISLATION AMENDMENT (FOREIGN FIGHTERS) ACT 2014 (NO. 116, 2014) - SCHEDULE 3

Customs Act 1901

1  Section 219ZJA

Insert:

"national security" has the same meaning as in the National Security Information (Criminal and Civil Proceedings) Act 2004 .

2  Section 219ZJA (definition of serious Commonwealth offence )

Repeal the definition, substitute:

"serious Commonwealth offence" means an offence against a law of the Commonwealth that is punishable on conviction by imprisonment for 12 months or more.

3  Paragraph 219ZJB(1)(b)

Omit "or is committing,", substitute "is committing or intends to commit".

4  Subsection 219ZJB(3)

Omit "delivered, as soon as practicable, into the custody of", substitute "made available, as soon as practicable, to".

5  Subsection 219ZJB(4)

Omit "or was committing,", substitute "was committing or was intending to commit".

6  Subsection 219ZJB(5)

Omit "45 minutes", substitute " 2 hours ".

7  Paragraphs 219ZJB(7)(a) and 219ZJC(6)(a)

After "safeguard", insert "national security, the security of a foreign country or".

8  At the end of Subdivision B of Division 1BA of Part XII

Add:

219ZJCA   Detention of person for national security or security of a foreign country

             (1)  An officer may detain a person if:

                     (a)  the person is in a designated place; and

                     (b)  the officer is satisfied on reasonable grounds that the person is, or is likely to be, involved in an activity that is a threat to national security or the security of a foreign country.

             (2)  An officer who is detaining a person under this section must (subject to subsection (3)) ensure that the person is made available, as soon as practicable, to a police officer in person to be dealt with according to law.

             (3)  An officer who is detaining a person under this section must release the person from that detention immediately if:

                     (a)  the officer ceases to be satisfied on reasonable grounds that the person is, or is likely to be, involved in an activity that is a threat to national security or the security of a foreign country; or

                     (b)  the person is made available to a police officer under subsection (2); or

                     (c)  a police officer indicates that the police force to which the police officer belongs has no interest in the person.

             (4)  Subject to subsection (6), if a person is detained under this section for more than 2 hours , an officer who is detaining the person under this section must inform the person of the right of the person to have a family member or another person notified of the person's detention.

             (5)  Where a person detained under this section wishes to have a family member or another person notified of the person's detention, the officer must take all reasonable steps to notify the family member or the other person.

             (6)  An officer who is detaining the person under this section may refuse to notify a family member or another person of the person's detention if the officer believes on reasonable grounds that such notification should not be made in order to:

                     (a)  safeguard national security, the security of a foreign country or the processes of law enforcement; or

                     (b)  protect the life and safety of any person.

Note:          In relation to references in this section to family member, see also section 4AAA.

9  At the end of subsection 219ZJD(1)

Add:

               ; or (e)  in the case of a person detained under section 219ZJCA--preventing the concealment, loss or destruction of material of interest for national security or the security of a foreign country.

10  At the end of paragraph 219ZJD(3)(b)

Add:

                     ; or (iv)  that is of interest for national security or the security of a foreign country.

11  Subsection 219ZJD(4)

Repeal the subsection, substitute:

             (4)  An officer who seizes a weapon or other thing under subsection (3) must ensure that it is made available to:

                     (a)  the police officer to whom the person is made available under subsection 219ZJB(3) or 219ZJCA(2); or

                     (b)  the police officer into whose custody the person is delivered under subsection 219ZJC(3).

12  Subsection 219ZJF(1)

Omit "this Division", substitute "section 219ZJB or 219ZJC".

13  Subparagraph 219ZJJ(1)(b)(iv)

After "detention", insert ", unless the minor is detained under section 219ZJCA".

14  Paragraph 219ZJJ(2)(a)

After "safeguard", insert "national security, the security of a foreign country or".