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This is a Bill, not an Act. For current law, see the Acts databases.
House of Assembly—No 151
As laid on the table and read a first time, 19 October 2005
South Australia
Terrorism
(Police Powers) Bill 2005
A Bill For
An
Act to give special powers to police officers to prevent and investigate
terrorist acts; to amend the Emergency Management Act 2004; and for
other purposes.
Contents
Part 1—Preliminary
1 Short title
2 Interpretation
Part 2—Special powers
Division 1—Special powers
authorisation
3 Issue of authorisation
4 Duration of authorisation
5 Content of authorisation
6 Revocation of authorisation
Division 2—Powers resulting
from special powers authorisation
7 Exercise of powers under authorisation
8 Power to require disclosure of
identity
9 Power to search persons
10 Power to search vehicles
11 Power to search premises
12 Powers in relation to target area
Division 3—Search powers in
special areas
13 Special area declaration
14 Power to search baggage etc in special
area
Division 4—Incidental powers
15 Power to seize and detain things
16 Power to use reasonable force
Division 5—Offences relating
to exercise of powers
17 Offences relating to exercise of
powers
Division 6—Procedural and
other matters
18 Process for seeking judicial officer
confirmation
19 Recognition of other law enforcement
officers
20 Supplying police officer's details and
other information
21 Return of seized things
22 Disposal of property on application to
court
23 Protection of police acting in
execution of authorisation
24 Other Acts do not limit powers and
powers under other Acts not limited
25 Authorisation or declaration
not open to challenge
26 Evidentiary provision
Part 3—Miscellaneous
27 Report to be given to Attorney General
and Police Minister
28 Regulations
29 Review of Act
30 Expiry of Act
Schedule 1—Conduct of personal searches
1 Interpretation
2 Action that may or may not be taken
in conducting search
3 Rules for conduct of searches
4 Regulations
Schedule 2—Related amendments
Part 1—Preliminary
1 Amendment provisions
Part 2—Amendment of Emergency
Management Act 2004
2 Amendment of
section 25—Powers of State Co-ordinator and authorised officers
The Parliament of South Australia enacts
as follows:
This Act may be cited as the Terrorism (Police Powers)
Act 2005.
(1) In this Act—
Commissioner of Police includes a person appointed as acting
Commissioner of Police;
in or about to enter a vehicle—see subsection (2);
investigative authorisation—see section 3(2);
Police Minister means the Minister administering the Police Act 1998;
police officer means—
(a) a police officer; or
(b) a person appointed as a recognised law enforcement officer
under section 19;
premises includes land;
preventative authorisation—see section 3(1);
relevant authority—see section 3(3);
relevant judicial officer means—
(a) a Judge of the Supreme Court; or
(b) a Judge of the District Court;
special area means the site or area specified in a
special area declaration;
special area declaration means a special area declaration issued
under Part 2 Division 3;
special event means a community, cultural, arts, entertainment, recreational,
sporting or other similar event that is to be held over a limited period of
time;
special powers authorisation means a special powers authorisation
issued under Part 2 Division 1;
target of an authorisation—see section 5(2);
terrorist act has the same meaning as in Part 5.3 of the Criminal
Code of the Commonwealth, except that it does not include a terrorist act
comprised of a threat;
vehicle means anything designed to transport a
person or goods by road, rail, air or water.
(2) In
this Act, a reference to a person or thing in a vehicle includes
a reference to a person or thing on a vehicle and a reference to a person about
to enter a vehicle includes a reference to a person about to be on a
vehicle.
Division 1—Special powers authorisation
(1) The relevant authority may issue a special powers authorisation (a preventative
authorisation) if satisfied there are reasonable grounds to believe—
(a) that a terrorist act is imminent, whether in or outside this
State; and
(b) that the exercise of powers under this Act will
substantially assist in the prevention of the terrorist act.
(2) The relevant authority may issue a special powers authorisation (an investigative
authorisation) if satisfied there are reasonable grounds to believe—
(a) that a terrorist act is being or has been committed, whether
in or outside this State; and
(b) that the exercise of powers under this Act will
substantially assist in the investigation of the terrorist act.
(3) The relevant authority is—
(a) the Commissioner of Police; or
(b) if the Commissioner of Police is unavailable to issue an
authorisation, the Deputy Commissioner of Police; or
(c) if
the Commissioner of Police and the Deputy Commissioner of Police are both
unavailable to issue an authorisation, an Assistant Commissioner of Police; or
(d) if
the Commissioner of Police, the Deputy Commissioner of Police and all Assistant
Commissioners of Police are unavailable to issue an authorisation, a police
officer above the rank of superintendent.
(4) A
special powers authorisation may be issued orally in urgent circumstances, but
if issued orally, must be confirmed in writing as soon as practicable after its
issue.
(5) The
relevant authority must not issue a special powers authorisation unless both
the Police Minister and a relevant judicial officer have confirmed that the
relevant authority has proper grounds for issuing the authorisation under
subsection (1) or subsection (2), as the case may be.
(6) However, the relevant authority may issue a
special powers authorisation without the confirmation required under
subsection (5) if satisfied that it is necessary to do so because of the
urgency of the circumstances, but, in that event—
(a) the relevant authority must seek confirmation, as soon as
possible, of the Police Minister and a relevant judicial officer that the
relevant authority had proper grounds for issuing the authorisation; and
(b) the authorisation ceases to operate if the Police Minister
or relevant judicial officer refuses to confirm that the relevant authority had
proper grounds for issuing the authorisation.
(1) A
special powers authorisation commences to operate when it is issued.
(2) A
special powers authorisation ceases to operate at the time specified in the
authorisation (unless it ceases to operate at an earlier time under
section 3 or 6).
(3) The period for which an authorisation
operates must not exceed—
(a) in the case of a preventative authorisation—7 days;
(b) in the case of an investigative authorisation—24 hours.
(4) A further special powers authorisation may
be issued in relation to the same terrorist act in order to extend the period
of operation of an earlier authorisation, but only so that the total period of
operation of the authorisations does not exceed—
(a) in the case of preventative authorisations—14 days;
(b) in the case of investigative authorisations—48 hours.
(1) A special powers authorisation must—
(a) state that it is issued under this Act; and
(b) state whether it is a preventative authorisation or an
investigative authorisation; and
(c) state whether it has been approved by the Minister; and
(d) state the date and time it is issued; and
(e) state the date and time it will cease to operate; and
(f) describe the general nature of the terrorist act to which it
applies; and
(g) name or describe (if appropriate by using a picture, map or
other visual depiction) 1 or more of the following:
(i) an area of the
State in which the powers conferred by this Act may be exercised;
(ii) a person sought in connection with the terrorist act;
(iii) a vehicle sought in connection with the terrorist act.
(2) The
person, vehicle or area is referred to in this Act as the target of the
authorisation.
(3) An
area that is the target of an authorisation must not be larger than is
reasonably necessary for the prevention or investigation of the terrorist act.
(1) A
special powers authorisation may be revoked by the relevant authority who
issued it or a police officer of a more senior rank.
(2) The
Commissioner of Police must revoke a special powers authorisation if directed
to do so by the Police Minister.
(3) The
cessation of operation of a special powers authorisation (by revocation or
otherwise) does not affect anything lawfully done in reliance on the authorisation
before it ceased to operate.
Division 2—Powers resulting from special
powers authorisation
7—Exercise of powers under authorisation
(1) A special powers authorisation authorises
any police officer, with such assistants as the police officer considers
necessary, to exercise the powers conferred by this Division for the purposes
of—
(a) in the case of a preventative authorisation—preventing the
terrorist act described in the authorisation; and
(b) in any case—investigating the terrorist act described in the
authorisation.
(2) A
police officer may exercise a power conferred by this Division without being in
possession of a copy of the special powers authorisation and without any other
warrant.
8—Power to require disclosure of identity
(1) A police officer may require a person to
disclose his or her identity if the officer suspects on reasonable grounds that
the person—
(a) is the target of an authorisation; or
(b) is, in suspicious circumstances, in the company of a person
who is the target of an authorisation; or
(c) is about to enter, is in, or has recently left, a vehicle
that is the target of an authorisation; or
(d) is about to enter, is in, or has recently left, an area that
is the target of an authorisation.
(2) A
police officer may require a person who is required under this section to
disclose his or her identity to provide proof of his or her identity.
(1) A police officer may stop and search a
person, and anything in the possession of or under the control of the person,
if the officer suspects on reasonable grounds that the person—
(a) is the target of an authorisation; or
(b) is, in suspicious circumstances, in the company of a person
who is the target of an authorisation; or
(c) is about to enter, is in, or has recently left, a vehicle
that is the target of an authorisation; or
(d) is about to enter, is in, or has recently left, an area that
is the target of an authorisation.
(2) Schedule
1 applies to a search conducted under this section.
(3) Section
81 of the Summary Offences Act 1953 and regulations made under that
section apply to a videotape recording made under Schedule 1 as if the
recording had been made under that section.
(4) A
police officer may detain a person for as long as is reasonably necessary to
conduct a search under this section.
(1) A police officer may stop and search a
vehicle, and anything in the vehicle, if the officer suspects on reasonable
grounds that—
(a) the vehicle is the target of an authorisation; or
(b) a person who is about to enter, is in, or has recently left,
the vehicle is the target of an authorisation; or
(c) the vehicle is about to enter, is in, or has recently left,
an area that is the target of an authorisation.
(2) A
police officer may detain a vehicle for so long as is reasonably necessary to
conduct a search under this section.
(3) A
police officer may detain a person who is in a vehicle stopped under this
section for as long as is reasonably necessary to conduct a search under this
section.
(1) A
police officer may enter and search premises in an area that is the target of
an authorisation.
(2) A
police officer may enter and search any premises for a person or vehicle that
is the target of an authorisation if the officer suspects on reasonable grounds
that the person or vehicle is on the premises.
(3) A
police officer may detain a person who is on premises entered under this
section for as long as is reasonably necessary to conduct a search of the
premises.
12—Powers in relation to target area
(1) A
police officer may cordon off an area that is the target of an authorisation or
any part of it.
(2) If an area is cordoned off—
(a) the cordon may include any form of physical barrier,
including a roadblock on any road in, or in the vicinity of, the target area;
and
(b) reasonable steps must be taken to ensure that the existence
of the cordon is apparent to persons approaching the cordon; and
(c) a police officer must remain near the cordoned off area.
(3) A police officer may—
(a) require a person not to enter, to leave, or to remain in, an
area that is the target of an authorisation or an area that is cordoned off;
(b) require a person in charge of a vehicle not to take the
vehicle into, to remove the vehicle from, or not to remove the vehicle from, an
area that is the target of an authorisation or an area that is cordoned off.
Division 3—Search powers in special areas
(1) The Commissioner of Police may issue a special
area declaration declaring any of the following to be a special area:
(a) the site of an airport, train station, bus station, tram
station or ship or ferry terminal;
(b) the site of a special event;
(c) an area that is a public area where persons gather in large
numbers,
if the Commissioner is satisfied that the declaration is
required because of the nature of the site or area and the risk of occurrence
of a terrorist act.
(2) A special area declaration—
(a) must state that it is issued under this Act; and
(b) must describe the site or area and define its boundaries;
and
(c) commences to operate on the day and at the time stated in
the declaration; and
(d) ceases to operate on the day and at the time stated in the
declaration or on revocation of the declaration.
(3) The
Commissioner of Police must not issue a special area declaration unless both
the Police Minister and a relevant judicial officer have confirmed that the
issuing of the declaration is appropriate in the circumstances.
(4) A
special area declaration may be revoked by the Commissioner of Police.
(5) The
Commissioner of Police must revoke a special area declaration if directed to do
so by the Police Minister.
(6) The
issuing or revocation of a special area declaration must be notified in the
Gazette.
(7) The
cessation of operation of a special area declaration (by revocation or
otherwise) does not affect anything lawfully done in reliance on the
declaration before it ceased to operate.
14—Power to search baggage etc in special area
(1) A
police officer may, in a special area, stop and search anything in the
possession of or under the control of any person.
(2) A
police officer conducting a search under this section may require the person to
open any baggage, parcel, container or other thing and to do anything else that
is reasonable to facilitate the search.
(3) A
police officer may detain a person for as long as is reasonably necessary to
conduct a search under this section.
(4) A
police officer may conduct a search under this section without being in
possession of a copy of the special area declaration and without any other
warrant.
15—Power to seize and detain things
(1) A police officer may, in connection with a
search under this Act, seize and detain—
(a) all or part of a thing (including a vehicle) that the
officer suspects on reasonable grounds may provide evidence of the commission
of a terrorist act; or
(b) all or part of a thing (including a vehicle) that the
officer suspects on reasonable grounds may provide evidence of the commission
of an indictable offence (whether or not related to a terrorist act) that is
punishable by imprisonment for life or for a term of 5 years or more.
(2) A power conferred by this section to seize
and detain a thing includes—
(a) a power to remove a thing from the place where it is found;
and
(b) a power to guard the thing in or on the place where it is
found.
16—Power to use reasonable force
(1) It
is lawful for a police officer exercising a power under this Act to use such
force as is reasonably necessary to exercise the power (including force
reasonably necessary to break into premises or a vehicle or anything in or on
premises, a vehicle or a person).
(2) However,
a police officer must take steps to ensure that any harm to a person or damage
to a thing or premises arising from the exercise of a power under this Act by
the officer is limited to that which is reasonably necessary to enable the
effective exercise of the power.
Division 5—Offences relating to exercise of powers
17—Offences relating to exercise of powers
(1) A person must not, without reasonable
excuse, fail or refuse to comply with a requirement made by a police officer
under this Act.
Maximum penalty: $10 000 or imprisonment for 2 years.
(2) A person must not, without reasonable
excuse, in response to a requirement to disclose his or her identity under this
Act—
(a) give a name that is false in a material particular; or
(b) give an address
other than the person's full and correct address.
Maximum penalty: $10 000 or imprisonment for 2 years.
(3) A person must not, without being authorised
by a police officer to do so or without reasonable excuse—
(a) enter an area that is cordoned off under this Act; or
(b) damage, destroy, interfere with or remove any thing in an
area that is cordoned off under this Act; or
(c) tamper with or
remove the cordon or any part of it.
Maximum penalty: $10 000 or imprisonment for 2 years.
(4) A person must not, without reasonable
excuse, obstruct or hinder a police officer in the exercise of a power under
this Act.
Maximum penalty: $10 000 or imprisonment for 2 years.
Division 6—Procedural and other matters
18—Process for seeking judicial officer confirmation
The Commissioner of Police or other police officer concerned must
comply with the process prescribed by the regulations in seeking to obtain from
a relevant judicial officer the confirmation required under this Part in
respect of the issuing of a special powers authorisation or special area
declaration.
19—Recognition of other law enforcement officers
(1) The Commissioner of Police or an Assistant
Commissioner of Police may, by instrument in writing, appoint—
(a) a member of the Australian Federal Police; or
(b) a member of the police force of another State or a Territory
of the Commonwealth,
as a recognised law enforcement officer.
(2) An
appointment as a recognised law enforcement officer may be made subject to
conditions.
(3) The
instrument of appointment must specify the term of the appointment which may
not exceed 14 days.
(4) The
Commissioner of Police or an Assistant Commissioner of Police may revoke an
appointment under this section.
(5) A
recognised law enforcement officer has the powers and immunities of a constable
appointed under the Police Act 1998 (including powers and
immunities at common law or under any Act).
(6) A
recognised law enforcement officer remains subject to the control and command
of the police force of which he or she is a member.
20—Supplying police officer's details and other information
(1) A police officer must, before or at the
time of exercising a power under this Act or as soon as is reasonably
practicable after exercising the power—
(a) if requested to identify himself or herself
by the person the subject of the exercise of the power—
(i) produce his or her
police identification; or
(ii) state orally or in writing his or her surname, rank and
identification number; and
(b) if requested to do so by the person the subject of the
exercise of the power, provide the person with the reason for the exercise of
the power.
(2) The
Commissioner of Police is to arrange for a written statement to be provided, on
written request made within 12 months of the search, to a person who was
searched, or whose vehicle or premises were searched, under this Act stating
that the search was conducted under this Act.
(1) A police officer who, in exercising a power
under this Act, seizes a thing, must return the thing
to the owner or person who had lawful possession of the thing before it was
seized if the officer is satisfied that—
(a) its retention as evidence is not required; and
(b) it is lawful for the person to have possession of the thing.
(2) This
section is subject to any order made under section 22.
22—Disposal of property on application to court
(1) A court may, on application by any person,
make an order that property seized by a police officer exercising a power under
this Act—
(a) be delivered to the person who appears to be lawfully
entitled to the property; or
(b) if that person cannot be ascertained, be dealt with as the
court thinks fit.
(2) In determining an application, the court
may do any 1 or more of the following:
(a) adjust rights to property as between people who appear to be
lawfully entitled to the same property or the same or different parts of
property;
(b) make a finding or order as to the ownership and delivery of
property;
(c) make a finding or order as to the liability for and payment
of expenses incurred in keeping property in police custody;
(d) order, if the person who is lawfully entitled to the
property cannot be ascertained, that the property be forfeited to the State;
(e) make incidental or ancillary orders.
(3) Property ordered to be forfeited to the
State—
(a) in the case of money—is to be paid to the Treasurer for
payment into the Consolidated Account; or
(b) in any other case—may be sold by or on behalf of the
Commissioner of Police at public auction and the proceeds of sale paid to the
Treasurer for payment into the Consolidated Account.
(4) If
the property is not money or is not fit or suitable for sale, or fails to sell
at public auction, it is to be disposed of in accordance with the directions of
the Commissioner of Police.
23—Protection of police acting in execution of authorisation
If proceedings (including criminal
proceedings) are brought against a police officer for anything done or
purportedly done by the police officer under this Act, the police officer is
not to be convicted or held liable merely because—
(a) there was an irregularity or defect in the issuing of a
special powers authorisation or special area declaration; or
(b) the person who issued a special powers authorisation or
special area declaration lacked the power to do so.
24—Other Acts do not limit powers and powers under other Acts not limited
(1) Nothing
in any other Act limits the powers, or prevents a police officer from
exercising powers, that the police officer has under this Act.
(2) Nothing
in this Act limits the powers, or prevents a police officer from exercising
powers, that the police officer has under any other Act or at common law.
25—Authorisation or declaration not open to challenge
(1) A
special powers authorisation or special area declaration (and any decision of
the Police Minister with respect to the authorisation or declaration) may not
be challenged, reviewed, quashed or called into question on any grounds
whatsoever before any court, tribunal, body or person in any legal proceedings,
or restrained, removed or otherwise affected by proceedings in the nature of
prohibition or mandamus.
(2) However,
subsection (1) does not prevent a special powers authorisation or special
area declaration being called into question in proceedings under the Police
(Complaints and Disciplinary Proceedings) Act 1985.
26—Evidentiary provision
In any legal proceedings, an apparently
genuine document purporting to be a certificate of the Commissioner of Police
and to certify that —
(a) a
special powers authorisation or special area declaration was issued under this
Act in the terms specified in the certificate and was in operation between
specified days and times; or
(b) a
specified person was, between specified days and times, a member of the
Australian Federal Police or a member of the police force of another State or a
Territory of the Commonwealth, appointed under this Act as a recognised law
enforcement officer,
constitutes proof, in the absence of proof to the
contrary, of the matters stated in the document.
27—Report to be given to Attorney General and Police Minister
(1) As soon as practicable after a special
powers authorisation ceases to operate, the Commissioner of Police is to
provide a report to the Attorney General and the Police Minister—
(a) setting out the terms of the authorisation and the period
during which it operated; and
(b) identifying as far as reasonably practicable the matters
that were relied on for issuing the authorisation; and
(c) describing generally the powers exercised under the
authorisation and the manner in which they were exercised; and
(d) stating the result of the exercise of those powers.
(2) If
a special powers authorisation is issued so as to extend the period of operation
of a special powers authorisation previously issued in
relation to the same terrorist act, this section is to apply as if the series
of authorisations were a single authorisation.
(3) The
Attorney-General must, within 6 months after receiving a report, lay a copy of
the report before both Houses of Parliament.
(4) Before
the Attorney-General lays a copy of the report before both Houses of
Parliament, the report may be edited to exclude material that, in the opinion
of the Attorney-General, may be subject to privilege or public interest
immunity.
The Governor may make such regulations as are contemplated by, or
necessary or expedient for the purposes of, this Act.
(1) The Minister must cause the operation of
this Act to be reviewed as soon as is practicable after—
(a) the second anniversary of the commencement of this Act; and
(b) the fifth anniversary of the commencement of this Act.
(2) The
purpose of a review is to produce a report on the extent to which the exercise
of powers under this Act has contributed to preventing and investigating
terrorism.
(3) The
Minister must, within 12 sitting days after receiving a report, cause a copy of
the report to be laid before both Houses of Parliament.
This Act expires on the tenth anniversary of its commencement.
Schedule 1—Conduct of personal searches
(1) In this Schedule—
electronic metal detection device means an electronic device that is
capable of detecting the presence of metallic objects;
medical practitioner or nurse means a person who is registered under
the law of this State as a medical practitioner or nurse;
strip search means an examination of a person's body
after the removal of inner clothing or underwear or an article of inner
clothing or underwear.
(2) The
gender of a person searched will be taken to be to the gender
that the person outwardly appears to the police officer conducting the search
to be, but if the person states that he or she is of a particular gender, then
the gender of the person will be taken to be that stated.
2—Action that may or may not be taken in conducting search
(1) In conducting a search of a person or
things in the possession of or under the control of a person, a police officer
may—
(a) remove,
or require the person to remove, the person's outer clothing (for example, a
coat or jacket), footwear, gloves or headwear; and
(b) remove,
or require the person to hand over, anything in the person's possession or
control that can be conveniently handed over or removed (other than an article
of inner clothing or underwear worn by the person); and
(c) search
the person by quickly running the hands over the person's outer or inner
clothing or by passing an electronic metal detection device over or in close
proximity to the person's outer or inner clothing; and
(d) search anything handed over or removed under this clause or
found in the course of the search.
(2) A police officer may conduct a strip search
of a person but only if the officer suspects on reasonable grounds that—
(a) the person is the target of an authorisation; and
(b) it is necessary to conduct the strip search; and
(c) the seriousness and urgency of the circumstances require the
strip search to be conducted.
(3) A
police officer may search inner clothing and underwear removed for the purposes
of a strip search.
(4) A
police officer conducting a strip search is not entitled to examine the
person's body by touch.
(5) A
police officer conducting a search of a person is not entitled to introduce
anything into an orifice (including the mouth) of the person's body.
(6) A
police officer conducting a search of a person, or things in the possession of
or under the control of a person, may require the person to do anything
reasonable to facilitate the search, including accompanying the officer to a
place for the purposes of conducting a strip search.
3—Rules for conduct of searches
(1) The following rules must be complied with,
as far as is reasonably practicable, in the conduct of a search of a person or
things in the possession of or under the control of a person:
(a) the cooperation of the person must be sought;
(b) if the person seeks an explanation of the reasons for the
search being conducted in a particular manner, an explanation must be offered;
(c) the intrusion on the person's privacy must be no more than
is necessary to fulfil the purpose of the search;
(d) the search must be conducted as quickly as is reasonably
practicable;
(e) the search, if a search of the person, must be conducted by
a person of the same gender as the person (unless the search is conducted by a
medical practitioner or nurse and the person consents to it being conducted by
a medical practitioner or nurse not of the same gender);
(f) if the search involves the removal of clothing or footwear,
the person must be allowed to replace the clothing or footwear as soon as the
search is finished;
(g) if clothing or footwear is seized because of the search and
the person is left without adequate clothing or footwear, the person must be
offered adequate replacements;
(h) the search must not be conducted while the person is being
interviewed or is participating in an investigation, but the interview or
investigation may be suspended while the search is conducted.
(2) The following additional rules must be
complied with, as far as is reasonably practicable, in the conduct of a strip
search:
(a) the search must be conducted in a place that provides
reasonable privacy for the person searched;
(b) the search must not involve removal of more articles being
worn by the person than is reasonably necessary for the purposes of the search;
(c) the search must not involve more visual inspection of the
person's body than is reasonably necessary for the purposes of the search and,
in particular, visual inspection of the breasts of a female, the genital area,
anal area and buttocks must be kept to a minimum;
(d) the search must not be conducted in the presence or view of—
(i) a person who is
not of the same gender as the person being searched; or
(ii) a person whose presence is not necessary for the purposes of
the search or the safety of all present,
except as follows:
(iii) a search may be conducted in the presence of a medical
practitioner or nurse not of the same gender if the person consents;
(iv) a search of a person who is under 18 years of age or has a
mental or intellectual disability must be conducted in the presence of a parent
or guardian of the person or of another person (other than a police officer)
who can provide the person with support and represent the person's interests;
(v) a
search of a person other than a person who is under 18 years of age or has a
mental or intellectual disability may, if the person so requests, be conducted
in the presence of a person (other than a police officer) who can provide the
person with support and represent the person's interests;
(e) the search must be recorded on videotape unless it is not
reasonably practicable to do so due to mechanical failure of recording
equipment or the lack of availability of recording equipment within the period for
which it would be lawful to detain the person.
A search must be conducted in accordance with any other
requirements imposed by regulation.
Part 1—Preliminary
In this Schedule, a provision under a heading referring to the
amendment of a specified Act amends the Act so specified.
Part 2—Amendment
of Emergency Management Act 2004
2—Amendment of section 25—Powers of State Co-ordinator and authorised officers
(1) Section 25(2)—after paragraph (c) insert:
(ca) subject
a place or thing to a decontamination procedure;
(2) Section 25(2)—after paragraph (f) insert:
(fa) direct a person to submit to a decontamination procedure;