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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia Commonwealth Heads of Government Meeting (Special Powers) Bill 2011 CONTENTS Part 1 -- Preliminary 1. Short title 2 2. Commencement 2 3. Terms used 2 4. Purpose 5 5. Act binds Crown 6 Part 2 -- CHOGM security areas Division 1 -- Core security areas 6. Core security areas 7 7. Other matters may be stated in regulations declaring core security area 7 Division 2 -- Additional security areas 8. Additional security areas 8 9. Urgent order declaring additional security area 9 10. Gazetting of order can be dispensed with 9 11. Other matters may be stated in order declaring additional security area 10 Division 3 -- Restricted areas 12. Restricted areas 10 13. Public notification of restricted area 11 Division 4 -- CHOGM events 14. Order declaring CHOGM event 12 15. Urgent order declaring CHOGM event 13 16. Gazetting of order can be dispensed with 13 188--2 page i Commonwealth Heads of Government Meeting (Special Powers) Bill 2011 Contents Division 5 -- Further provisions relating to orders 17. Application of Interpretation Act 1984 to orders 14 18. Orders not open to challenge 14 Part 3 -- Special powers in relation to CHOGM security areas Division 1 -- Application 19. Special powers only available during CHOGM period 15 20. Restrictions on exercise of special powers 15 Division 2 -- Stop and search powers Subdivision 1 -- Check points, cordons and roadblocks 21. Check points, cordons and roadblocks 16 Subdivision 2 -- Powers in relation to people 22. Power to require disclosure of identity 17 23. Power to require reasons for entry to, or presence in, CHOGM security area 17 24. Power to search persons 18 25. Basic searches and frisk searches 18 26. Ancillary powers for searches 19 27. Use of electronic screening devices 20 Subdivision 3 -- Powers in relation to vehicles and vessels 28. Power to stop and search vehicles or vessels 21 Division 3 -- Surrender and seizure of prohibited items 29. Power to require surrender of, or to seize and detain, prohibited items 22 30. Disposal of prohibited items surrendered, seized or detained 23 31. Power to seize things relevant to offence 23 32. Application of Criminal and Found Property Disposal Act 2006 24 Division 4 -- Directions 33. Power to give directions 24 page ii Commonwealth Heads of Government Meeting (Special Powers) Bill 2011 Contents Division 5 -- Road closures 34. Power to close roads 25 35. Effect of road closure 26 Division 6 -- Removal of vehicles, vessels and things 36. Removal of vehicles, vessels and things from CHOGM security area 26 37. Removal of unauthorised vehicles or things from closed road 27 38. Further provisions relating to removal of vehicles etc. 27 39. Additional powers in relation to removing vehicles and vessels 27 40. Notification of removal 28 41. Application of Criminal and Found Property Disposal Act 2006 28 Division 7 -- Powers to refuse entry to, and remove from, security area 42. Excluded persons list 29 43. Exclusion of persons from CHOGM security areas 29 Part 4 -- Additional special powers in relation to restricted areas Division 1 -- Preliminary 44. Relationship of this Part with Part 3 33 Division 2 -- Special powers in relation to restricted areas 45. Powers available only during CHOGM period 33 46. Restrictions on exercise of special powers 33 47. Power to enter and search premises 34 48. Power to obtain disclosure of identity 34 Division 3 -- Exclusion of persons from restricted areas 49. Exclusion of persons from restricted areas 35 page iii Commonwealth Heads of Government Meeting (Special Powers) Bill 2011 Contents Part 5 -- Recognition of law enforcement officers and authorised persons Division 1 -- Recognition of law enforcement officers of other jurisdictions 50. Recognition of law enforcement officers of other jurisdictions 36 51. Cancellation, expiry and re-appointment 37 52. Functions of recognised law enforcement officers 37 53. Command and control of recognised law enforcement officers 37 54. Identity card 38 55. Production or display of identity card 38 Division 2 -- Authorised persons 56. Appointment of authorised persons 39 57. Cancellation and expiry 39 58. Statement of powers 40 59. Identity card 40 60. Production or display of identity card 41 Division 3 -- General 61. Appointment does not make appointee public servant 41 62. Appointees are public officers 41 Part 6 -- Offences Division 1 -- Offences relating to CHOGM security areas 63. Unauthorised entry to CHOGM security area 42 64. Unauthorised entry to restricted area 42 65. Interference with CHOGM event 43 66. Prohibited items 43 67. Failure to disclose personal details or provide proof of personal details 43 68. Re-entering CHOGM security area after being removed 43 Division 2 -- Offence relating to closed roads 69. Unauthorised use of closed road 44 page iv Commonwealth Heads of Government Meeting (Special Powers) Bill 2011 Contents Division 3 -- Offence relating to identity cards 70. Failure to return identity card 44 Division 4 -- Offence relating to airspace 71. Offence relating to unauthorised entry into restricted airspace 44 Part 7 -- Miscellaneous Division 1 -- Matters of justification or excuse 72. Special justification 46 73. Onus of proof of lawful excuse etc. 47 Division 2 -- Evidential matters 74. Proof of unpublished orders and of appointments 47 Division 3 -- Exercise of powers 75. Use of force by police officers and authorised persons 48 76. Provision relating to powers 49 Division 4 -- Relationship with other laws 77. Relationship with other laws 49 Division 5 -- Immunities 78. No liability in nuisance 49 79. Protection from liability for wrongdoing 49 Division 6 -- Other provisions 80. Power of delegation 50 81. Corruption and Crime Commission may provide assistance 51 82. Regulations 51 Division 7 -- Review of Act 83. Review of Act 52 Part 8 -- Examinations before Corruption and Crime Commission Division 1 -- Preliminary 84. Part to be read with Corruption and Crime Commission Act 2003 53 85. Terms used 53 86. Purpose of this Part 54 page v Commonwealth Heads of Government Meeting (Special Powers) Bill 2011 Contents Division 2 -- Examinations before Corruption and Crime Commission 87. Commissioner of Police may ask Commission to hold examination 54 88. Commission, on application of police, may summons witness 55 89. Examination of witnesses by Commissioner of Police 56 90. Examination of witness about offence with which witness is charged 56 91. Application of provisions of CCC Act 57 Division 3 -- Miscellaneous 92. Delegation by Commissioner of Police 57 93. Judicial review excluded 58 Part 9 -- Corruption and Crime Commission Act 2003 amended 94. Act amended 59 95. Section 91 amended 59 Part 10 -- Expiry of Act 96. Expiry of Act 60 Defined Terms page vi Western Australia LEGISLATIVE ASSEMBLY (As amended in Committee) Commonwealth Heads of Government Meeting (Special Powers) Bill 2011 A Bill for An Act to give police officers, certain other persons and the Corruption and Crime Commission special powers with respect to the Commonwealth Heads of Government Meeting in Perth in 2011 and associated meetings, events, functions and activities, to amend the Corruption and Crime Commission Act 2003 and for related purposes. The Parliament of Western Australia enacts as follows: page 1 Commonwealth Heads of Government Meeting (Special Powers) Bill 2011 Part 1 Preliminary s. 1 1 Part 1 -- Preliminary 2 1. Short title 3 This is the Commonwealth Heads of Government Meeting 4 (Special Powers) Act 2011. 5 2. Commencement 6 This Act comes into operation as follows -- 7 (a) sections 1 and 2 -- on the day on which this Act 8 receives the Royal Assent; 9 (b) sections 3 to 5, 81 and Parts 8 to 10 -- on the day after 10 that day; 11 (c) the rest of the Act -- on a day fixed by proclamation, 12 and different days may be fixed for different provisions. 13 3. Terms used 14 In this Act (other than Part 8) -- 15 additional security area means an area that is declared to be an 16 additional security area by an order made under section 8; 17 attend an event includes -- 18 (a) be involved in the event; and 19 (b) in the case of an event that consists of the provision of 20 accommodation, be accommodated in the 21 accommodation provided; 22 authorised person means a person appointed under 23 section 56(1) as an authorised person; 24 basic search has the meaning given in section 25(1); 25 CHOGM event means -- 26 (a) any meeting, event, function or activity that forms part 27 of CHOGM (Perth); or 28 (b) any function held for the benefit of people attending 29 CHOGM (Perth); or page 2 Commonwealth Heads of Government Meeting (Special Powers) Bill 2011 Preliminary Part 1 s. 3 1 (c) any entertainment event held for the benefit of people 2 attending CHOGM (Perth); or 3 (d) the accommodation provided for people attending 4 CHOGM (Perth), CHOGM officials or other officials 5 associated with the organisation of CHOGM (Perth); or 6 (e) the arrival at, or departure from, any airport of people 7 attending CHOGM (Perth), CHOGM officials or other 8 officials associated with the organisation of CHOGM 9 (Perth); or 10 (f) any other meeting, event, function or activity that is 11 declared to be a CHOGM event by an order made under 12 section 14; 13 CHOGM period means the period prescribed by the regulations 14 for the purposes of this definition; 15 CHOGM (Perth) means the Commonwealth Heads of 16 Government Meeting (CHOGM) to be held in Perth during the 17 CHOGM period and includes associated meetings, events, 18 functions and activities held during that period; 19 CHOGM security area means -- 20 (a) a core security area; or 21 (b) an additional security area; 22 Commissioner means the person holding or acting in the office 23 of Commissioner of Police under the Police Act 1892; 24 core security area means an area that is declared to be a core 25 security area by the regulations; 26 excludable person means a person who may be excluded from a 27 CHOGM security area under section 43; 28 excluded persons list means a list compiled under section 42 by 29 the Commissioner; 30 fail to comply includes refuse to comply; 31 frisk search has the meaning given in section 25(2); page 3 Commonwealth Heads of Government Meeting (Special Powers) Bill 2011 Part 1 Preliminary s. 3 1 personal details, in relation to a person, means -- 2 (a) the person's full name; and 3 (b) the person's date of birth; and 4 (c) the address where the person is residing; and 5 (d) the address where the person usually resides, if that is 6 different from the address referred to in paragraph (c); 7 police vehicle means a vehicle used or operated for the purposes 8 of activities engaged in by a police officer while performing any 9 functions of a police officer (whether under this Act or 10 otherwise); 11 prohibited item means any of the following -- 12 (a) spray paint cans; 13 (b) chains; 14 (c) handcuffs or other devices capable of being used to lock 15 persons to other persons or things; 16 (d) poles that are more than one metre in length; 17 (e) marbles, ball-bearings or similar spherical items; 18 (f) smoke devices; 19 (g) flares; 20 (h) flammable or noxious liquids or substances; 21 (i) offensive liquids or substances; 22 (j) laser pointers; 23 (k) devices that are capable of being used to interfere with 24 broadcast or communication devices; 25 (l) any other things (or things belonging to a class of 26 things) prescribed by the regulations; 27 recognised law enforcement officer means a person who holds 28 an appointment under section 50; 29 restricted area means an area that is designated as a restricted 30 area by an order made under section 12; page 4 Commonwealth Heads of Government Meeting (Special Powers) Bill 2011 Preliminary Part 1 s. 4 1 road -- 2 (a) has the meaning given in the Road Traffic Act 1974 3 section 5(1); and 4 (b) includes a private road created under the Transfer of 5 Land Act 1893 Part IVA or as defined in the Land 6 Administration Act 1997 section 3(1); 7 special justification has the meaning given in section 72; 8 special power means a power conferred by any provision of 9 Part 3 or 4 on a police officer or an authorised person; 10 vehicle has the meaning given in the Road Traffic Act 1974 11 section 5(1); 12 vessel -- 13 (a) means any thing used, or capable of being used, in 14 navigation by water, of whatever size and whether or not 15 it has any means of propulsion; and 16 (b) includes -- 17 (i) a hovercraft, seaplane or other similar craft; and 18 (ii) a submarine or other submersible. 19 4. Purpose 20 (1) The purpose of this Act is to promote the security and safety of 21 people attending the Commonwealth Heads of Government 22 Meeting in Perth in 2011 and associated meetings, events, 23 functions and activities by giving police officers, certain other 24 persons and the Corruption and Crime Commission special 25 powers with respect to CHOGM (Perth). 26 (2) The purpose referred to in subsection (1) includes (without 27 limitation) -- 28 (a) promoting the security and safety of the venues and 29 facilities used for CHOGM (Perth); and 30 (b) promoting the security and safety of the accommodation 31 for people attending CHOGM (Perth). page 5 Commonwealth Heads of Government Meeting (Special Powers) Bill 2011 Part 1 Preliminary s. 5 1 5. Act binds Crown 2 This Act binds the State and, so far as the legislative power of 3 the State permits, the Crown in all its other capacities. page 6 Commonwealth Heads of Government Meeting (Special Powers) Bill 2011 CHOGM security areas Part 2 Core security areas Division 1 s. 6 1 Part 2 -- CHOGM security areas 2 Division 1 -- Core security areas 3 6. Core security areas 4 (1) The regulations may declare one or more areas of land within 5 the State to be core security areas for the purposes of this Act. 6 (2) The regulations may declare that an area is a core security 7 area -- 8 (a) for the CHOGM period or only for one or more periods 9 within the CHOGM period specified in the regulations; 10 and 11 (b) at all times or only at times specified in the regulations. 12 (3) If the regulations do not specify the period for which an area is a 13 core security area, the area is a core security area for the 14 CHOGM period or, if the CHOGM period has already 15 commenced, for the remainder of the CHOGM period. 16 (4) If the regulations do not specify, for any period for which an 17 area is a core security area, the times at which the area is a core 18 security area during that period, the area is a core security area 19 at all times during that period. 20 (5) Regulations declaring an area to be a core security area may be 21 made before or during the CHOGM period. 22 7. Other matters may be stated in regulations declaring core 23 security area 24 Regulations declaring an area to be a core security area may -- 25 (a) in relation to the exercise of special powers in, or in 26 relation to, that area by authorised persons, specify -- 27 (i) which special powers (if any) may be exercised 28 by authorised persons in, or in relation to, that 29 area; and page 7 Commonwealth Heads of Government Meeting (Special Powers) Bill 2011 Part 2 CHOGM security areas Division 2 Additional security areas s. 8 1 (ii) where in that area those special powers, or 2 particular special powers, may be exercised by 3 authorised persons; and 4 (iii) when authorised persons may exercise those 5 special powers, or particular special powers; 6 and 7 (b) state any restrictions that apply to access to the core 8 security area or a part of the core security area; and 9 (c) state any conditions that apply to entry to the core 10 security area or a part of that area. 11 Division 2 -- Additional security areas 12 8. Additional security areas 13 (1) The Commissioner may, with the approval of the Minister, by 14 order, declare an area of land within the State (other than an 15 area that is in a core security area) to be an additional security 16 area for the period stated in the order. 17 (2) An order made under subsection (1) has effect when it is 18 published in the Gazette unless section 10 applies, in which case 19 it has effect when the Commissioner signs the order. 20 (3) The period for which an area is declared to be an additional 21 security area must be within the CHOGM period. 22 (4) The Commissioner may declare an area to be an additional 23 security area only if the Commissioner is satisfied that declaring 24 the area to be an additional security area will substantially assist 25 in promoting the security or safety of a CHOGM event, people 26 attending the event or the public or in preventing or controlling 27 a public disorder. 28 (5) An order may declare that an area is an additional security area 29 at all times or only at times specified in the order. 30 (6) If the order does not specify, for the period for which an area is 31 an additional security area, the times at which the area is an page 8 Commonwealth Heads of Government Meeting (Special Powers) Bill 2011 CHOGM security areas Part 2 Additional security areas Division 2 s. 9 1 additional security area during that period, the area is an 2 additional security area at all times during that period. 3 (7) An order under this section may be made before or during the 4 CHOGM period. 5 9. Urgent order declaring additional security area 6 (1) The Commissioner may make an order under section 8 without 7 the approval of the Minister and without publishing the order in 8 the Gazette if the Commissioner is satisfied -- 9 (a) that it is necessary to declare an area to be an additional 10 security area as a matter of urgency; and 11 (b) that the delay that would be caused by having to obtain 12 the approval of the Minister to make the order and to 13 publish the order in the Gazette would significantly 14 compromise the security or safety of a CHOGM event, 15 people attending the event or the public. 16 (2) If an order is made by the Commissioner in the circumstances 17 set out in subsection (1) -- 18 (a) the order has effect when the Commissioner signs the 19 order; and 20 (b) as soon as practicable after the order is made, the 21 Commissioner must -- 22 (i) inform the Minister of the making of the order 23 and its terms; and 24 (ii) ensure that the order is published in the Gazette, 25 unless section 10 applies. 26 (3) A failure to comply with subsection (2)(b) does not affect the 27 validity of the order. 28 10. Gazetting of order can be dispensed with 29 Despite sections 8(2) and 9(2)(b)(ii), the Commissioner does not 30 have to publish an order made under section 8 in the Gazette if 31 the Commissioner is satisfied that the publication of the order page 9 Commonwealth Heads of Government Meeting (Special Powers) Bill 2011 Part 2 CHOGM security areas Division 3 Restricted areas s. 11 1 would be likely to significantly compromise the security or 2 safety of a CHOGM event, people attending the event or the 3 public. 4 11. Other matters may be stated in order declaring additional 5 security area 6 An order under section 8 declaring an area to be an additional 7 security area may -- 8 (a) in relation to the exercise of special powers in, or in 9 relation to, that area by authorised persons, specify -- 10 (i) which special powers (if any) may be exercised 11 by authorised persons in, or in relation to, that 12 area; and 13 (ii) where in that area those special powers, or 14 particular special powers, may be exercised by 15 authorised persons; and 16 (iii) when authorised persons may exercise those 17 special powers, or particular special powers; 18 and 19 (b) state any restrictions that apply to access to the 20 additional security area or a part of the additional 21 security area; and 22 (c) state any conditions that apply to entry to the additional 23 security area or a part of that area. 24 Division 3 -- Restricted areas 25 12. Restricted areas 26 (1) The Commissioner may, by order, designate an area within a 27 CHOGM security area to be a restricted area for the period (if 28 any) specified in the order. 29 (2) An order under this section has effect when the Commissioner 30 signs the order. page 10 Commonwealth Heads of Government Meeting (Special Powers) Bill 2011 CHOGM security areas Part 2 Restricted areas Division 3 s. 13 1 (3) The Commissioner may designate an area to be a restricted area 2 only if the Commissioner is satisfied that -- 3 (a) the area is being or will be used directly for or in 4 relation to a CHOGM event or the administration of a 5 CHOGM event; and 6 (b) the exercise of special powers in relation to restricted 7 areas is necessary to promote the security or safety of 8 the venues or facilities for a CHOGM event or people 9 attending the event. 10 (4) An area is a restricted area for the purposes of this Act only 11 for -- 12 (a) the period specified in the order; or 13 (b) if no period is specified in the order, the CHOGM 14 period or, if the CHOGM period has already 15 commenced, the remainder of that period. 16 (5) An order under this section may be made before or during the 17 CHOGM period. 18 13. Public notification of restricted area 19 (1) The Commissioner must take reasonable steps -- 20 (a) to notify the public that an area has been designated as a 21 restricted area under section 12 as soon as is reasonably 22 practicable after the order designating the area is made; 23 and 24 (b) to notify whatever public agencies the Commissioner 25 considers should be notified of an order that is made (or 26 is proposed to be made) under section 12 as soon as is 27 reasonably practicable for the Commissioner to give the 28 notification. 29 (2) Notification by any of the following means is sufficient 30 compliance with subsection (1)(a) -- 31 (a) the publication of the terms of the order (or a description 32 of the restricted area concerned) in the Gazette; page 11 Commonwealth Heads of Government Meeting (Special Powers) Bill 2011 Part 2 CHOGM security areas Division 4 CHOGM events s. 14 1 (b) the publication of the terms of the order (or a description 2 of the restricted area concerned) in a newspaper 3 circulating generally throughout the State; 4 (c) the erection of signs or barriers (or both) around the 5 whole or part of the perimeter of the restricted area 6 concerned. 7 (3) Subsection (2) does not limit the ways in which the 8 Commissioner may comply with subsection (1)(a). 9 (4) The Commissioner does not have to take steps under this 10 section if the Commissioner considers that to do so would 11 significantly compromise security arrangements for a CHOGM 12 event. 13 (5) A failure to comply with subsection (1) does not affect the 14 validity of an order made under section 12. 15 Division 4 -- CHOGM events 16 14. Order declaring CHOGM event 17 (1) The Minister may, by order, declare any meeting, event, 18 function or activity to be a CHOGM event if the Minister is 19 satisfied that declaring the meeting, event, function or activity to 20 be a CHOGM event will substantially assist in -- 21 (a) promoting the security or safety of -- 22 (i) people attending CHOGM (Perth); or 23 (ii) CHOGM officials or other officials associated 24 with the organisation of CHOGM (Perth); or 25 (iii) the public; 26 or 27 (b) preventing or controlling a public disorder. 28 (2) An order made under subsection (1) has effect when it is 29 published in the Gazette unless section 16 applies, in which case 30 it has effect when the Minister signs the order. page 12 Commonwealth Heads of Government Meeting (Special Powers) Bill 2011 CHOGM security areas Part 2 CHOGM events Division 4 s. 15 1 (3) An order under this section may be made before or during the 2 CHOGM period. 3 15. Urgent order declaring CHOGM event 4 (1) The Minister may make an order under section 14 without 5 publishing the order in the Gazette if the Minister is satisfied -- 6 (a) that it is necessary to declare a meeting, event, function 7 or activity to be a CHOGM event as a matter of 8 urgency; and 9 (b) that the delay that would be caused by having to publish 10 the order in the Gazette would significantly compromise 11 the security or safety of the meeting, event, function or 12 activity, people attending it or the public. 13 (2) If an order is made by the Minister in the circumstances set out 14 in subsection (1) -- 15 (a) the order has effect when the Minister signs the order; 16 and 17 (b) as soon as practicable after the order is made, the 18 Minister must ensure that the order is published in the 19 Gazette, unless section 16 applies. 20 (3) A failure to comply with subsection (2)(b) does not affect the 21 validity of the order. 22 16. Gazetting of order can be dispensed with 23 Despite sections 14(2) and 15(2)(b), the Minister does not have 24 to publish an order made under section 14 in the Gazette if the 25 Minister is satisfied that the publication of the order would be 26 likely to significantly compromise the security or safety of the 27 meeting, event, function or activity to which the order relates, 28 people attending it or the public. page 13 Commonwealth Heads of Government Meeting (Special Powers) Bill 2011 Part 2 CHOGM security areas Division 5 Further provisions relating to orders s. 17 1 Division 5 -- Further provisions relating to orders 2 17. Application of Interpretation Act 1984 to orders 3 (1) An order made under section 8, 12 or 14 is not subsidiary 4 legislation for the purposes of the Interpretation Act 1984. 5 (2) The Interpretation Act 1984 sections 43 (other than 6 subsection (6)) and 44 and Part VIII apply to an order made 7 under section 8, 12 or 14 as if it were subsidiary legislation. 8 18. Orders not open to challenge 9 (1) An order made or purportedly made under section 8, 12 or 14 10 (and any decision or purported decision of the Minister or the 11 Commissioner with respect to the order or purported order) may 12 not be challenged, appealed against, reviewed, quashed or called 13 into question on any grounds whatsoever before any court, 14 tribunal, body or person in any legal proceedings, or restrained, 15 removed or otherwise affected by proceedings for any 16 injunctive, declaratory or other relief, remedy or order whether 17 by way of prerogative writ or otherwise. 18 (2) For the purposes of subsection (1), legal proceedings includes 19 an investigation into police or other conduct under any Act 20 (other than the Corruption and Crime Commission Act 2003). 21 (3) This section does not limit judicial review for jurisdictional 22 error. 23 (4) This section expires when the CHOGM period ends. page 14 Commonwealth Heads of Government Meeting (Special Powers) Bill 2011 Special powers in relation to CHOGM security areas Part 3 Application Division 1 s. 19 1 Part 3 -- Special powers in relation to CHOGM 2 security areas 3 Division 1 -- Application 4 19. Special powers only available during CHOGM period 5 (1) The powers conferred by this Part may be exercised only during 6 the CHOGM period in, or in relation to, a CHOGM security 7 area. 8 (2) Subsection (1) is subject to Division 5. 9 20. Restrictions on exercise of special powers 10 The powers conferred by this Part may be exercised only in 11 accordance with the terms of any regulations or orders made 12 under this Act which limit -- 13 (a) who may exercise special powers in, or in relation to, a 14 CHOGM security area or a part of a CHOGM security 15 area; or 16 (b) which special powers may be exercised in, or in relation 17 to, a CHOGM security area or a part of a CHOGM 18 security area; or 19 (c) where in a CHOGM security area or a part of a 20 CHOGM security area special powers may be exercised; 21 or 22 (d) when special powers may be exercised in, or in relation 23 to, a CHOGM security area or a part of a CHOGM 24 security area. page 15 Commonwealth Heads of Government Meeting (Special Powers) Bill 2011 Part 3 Special powers in relation to CHOGM security areas Division 2 Stop and search powers s. 21 1 Division 2 -- Stop and search powers 2 Subdivision 1 -- Check points, cordons and roadblocks 3 21. Check points, cordons and roadblocks 4 (1) A police officer or an authorised person may, for either or both 5 of the purposes mentioned in subsection (2) -- 6 (a) establish one or more check points; or 7 (b) place one or more cordons around an area; or 8 (c) establish one or more roadblocks on any road that leads 9 into or out of, or that is located in, an area. 10 (2) The purposes referred to in subsection (1) are -- 11 (a) stopping and searching persons, vehicles or vessels 12 under this Part; and 13 (b) preventing persons entering or leaving a CHOGM 14 security area without the permission of a police officer 15 or an authorised person. 16 (3) A police officer or an authorised person exercising a power 17 conferred by this section may be assisted by any persons the 18 police officer or authorised person considers necessary. 19 (4) A police officer or an authorised person exercising a power 20 conferred by this section must not refuse permission for a 21 person to leave a CHOGM security area unless it is reasonably 22 necessary to do so to avoid a risk to public safety or to the 23 person's own safety. 24 (5) A check point, cordon or roadblock may consist of any 25 appropriate form of physical barrier or obstruction preventing or 26 limiting the passage of persons, vehicles or vessels. page 16 Commonwealth Heads of Government Meeting (Special Powers) Bill 2011 Special powers in relation to CHOGM security areas Part 3 Stop and search powers Division 2 s. 22 1 Subdivision 2 -- Powers in relation to people 2 22. Power to require disclosure of identity 3 (1) A police officer or an authorised person may, without 4 warrant -- 5 (a) stop a person who is seeking to enter a CHOGM 6 security area and require, as a condition of entry, that the 7 person disclose the person's personal details; or 8 (b) stop a person who is in a CHOGM security area and 9 require the person to disclose the person's personal 10 details. 11 (2) A police officer or an authorised person may also require a 12 person who is required under this section to disclose the 13 person's personal details to provide proof of those personal 14 details. 15 (3) A police officer or an authorised person who requires a person 16 to disclose the person's personal details or provide proof of the 17 person's personal details must also warn the person that failure 18 to comply with the requirement may result in the person being 19 refused entry to the CHOGM security area or, as the case 20 requires, removed from the CHOGM security area. 21 23. Power to require reasons for entry to, or presence in, 22 CHOGM security area 23 (1) A police officer or an authorised person may, without 24 warrant -- 25 (a) stop a person who is seeking to enter a CHOGM 26 security area and require, as a condition of entry, that the 27 person state the person's reason for wanting to enter; or 28 (b) stop a person who is in a CHOGM security area and 29 require the person to state the person's reason for being 30 in the area. 31 (2) A police officer or an authorised person who requires a person 32 to state the information specified in subsection (1) must also page 17 Commonwealth Heads of Government Meeting (Special Powers) Bill 2011 Part 3 Special powers in relation to CHOGM security areas Division 2 Stop and search powers s. 24 1 warn the person that failure to provide a good and lawful reason 2 to enter the CHOGM security area or, as the case requires, to be 3 in the CHOGM security area may result in the person being 4 refused entry to the CHOGM security area or, as the case 5 requires, removed from the CHOGM security area. 6 24. Power to search persons 7 (1) A police officer or an authorised person may, without 8 warrant -- 9 (a) stop a person who is seeking to enter a CHOGM 10 security area and require, as a condition of entry, that the 11 person submit to a search of the person; or 12 (b) stop and search a person who is in a CHOGM security 13 area. 14 (2) A police officer or an authorised person who requires a person 15 to submit to a search under this section must also warn the 16 person that failure to comply with the requirement may result in 17 the person being refused entry to the CHOGM security area or, 18 as the case requires, removed from the CHOGM security area. 19 (3) A police officer who is authorised by this section to search a 20 person may do a basic search of the person. 21 (4) An authorised person who is authorised by this section to search 22 a person may do a basic search of the person, except that the 23 authorised person must not do a frisk search of the person. 24 25. Basic searches and frisk searches 25 (1) A person who is authorised by section 24 to do a basic search of 26 another person may do any or all of the following -- 27 (a) scan the other person with an electronic or mechanical 28 device, whether hand held or not, to detect any thing; 29 (b) remove the other person's headwear, gloves, footwear or 30 outer clothing (such as a coat or jacket), but not his or 31 her inner clothing or underwear; page 18 Commonwealth Heads of Government Meeting (Special Powers) Bill 2011 Special powers in relation to CHOGM security areas Part 3 Stop and search powers Division 2 s. 26 1 (c) if the searcher is a police officer, frisk search the other 2 person; 3 (d) search any article removed under paragraph (b). 4 (2) A police officer who is authorised by this section to do a frisk 5 search of another person may quickly and methodically run his 6 or her hands over the outside of the other person's clothing. 7 (3) If a police officer is authorised by this section to do a frisk 8 search of another person, the searcher must, if practicable, be a 9 person of the same gender as the person being searched. 10 (4) If a basic search is done of a person under section 24 -- 11 (a) it must be done as quickly as is reasonably practicable; 12 and 13 (b) it must not be any more intrusive than is reasonably 14 necessary in the circumstances; and 15 (c) the searcher, if he or she proposes to remove any article 16 that the person is wearing, must tell the person why it is 17 considered necessary to do so. 18 26. Ancillary powers for searches 19 (1) A person who is authorised by section 24 to search another 20 person may do any or all of the following for the purposes of 21 doing the search -- 22 (a) detain the other person for as long as is reasonably 23 necessary to conduct the search; 24 (b) search any thing being carried by or under the 25 immediate control of the other person; 26 (c) order the other person to remove, from any article that 27 the person is wearing, any thing that might injure the 28 searcher when doing the search; 29 (d) order the other person to do anything reasonable to 30 facilitate the exercise by the searcher of any power in 31 this section or in section 25. page 19 Commonwealth Heads of Government Meeting (Special Powers) Bill 2011 Part 3 Special powers in relation to CHOGM security areas Division 2 Stop and search powers s. 27 1 (2) A person who is detained under subsection (1)(a) is to be taken 2 to be in lawful custody. 3 27. Use of electronic screening devices 4 (1) This section applies if the security system for a CHOGM event 5 involves the use of one or more of the following electronic 6 screening devices -- 7 (a) a walk-through detector; 8 (b) an X-ray machine; 9 (c) a hand held scanner. 10 (2) A police officer or an authorised person may, without 11 warrant -- 12 (a) stop a person who is seeking to enter a CHOGM 13 security area and require, as a condition of entry, that the 14 person do one or more of the things mentioned in 15 subsection (3); or 16 (b) stop a person who is in a CHOGM security area and 17 require that the person do one or more of the things 18 mentioned in subsection (3). 19 (3) The things referred to in subsection (2) are -- 20 (a) to walk through a walk-through detector; 21 (b) to pass the person's belongings through an X-ray 22 machine; 23 (c) to allow the police officer or authorised person to pass a 24 hand held scanner in close proximity to the person; 25 (d) to allow the police officer or authorised person to pass a 26 hand held scanner in close proximity to the person's 27 belongings. 28 (4) A police officer or an authorised person who requires a person 29 to do one or more of those things must also warn the person that 30 failure to comply with the requirement may result in the person page 20 Commonwealth Heads of Government Meeting (Special Powers) Bill 2011 Special powers in relation to CHOGM security areas Part 3 Stop and search powers Division 2 s. 28 1 being refused entry to the CHOGM security area or, as the case 2 requires, removed from the CHOGM security area. 3 Subdivision 3 -- Powers in relation to vehicles and vessels 4 28. Power to stop and search vehicles or vessels 5 (1) A police officer or an authorised person may, without warrant, 6 do any of the following -- 7 (a) stop a vehicle or vessel seeking to enter a CHOGM 8 security area and require, as a condition of entry, that the 9 person in charge of the vehicle or vessel submit the 10 vehicle or vessel to a search; 11 (b) stop and search any vehicle or vessel that is in a 12 CHOGM security area. 13 (2) A police officer or an authorised person who requires a person 14 in charge of a vehicle or vessel to submit the vehicle or vessel to 15 a search under this section must also warn the person that failure 16 to comply with the requirement may result in the vehicle or 17 vessel being refused entry to the CHOGM security area or, as 18 the case requires, removed from the CHOGM security area. 19 (3) A person who is authorised by this section to search a vehicle or 20 vessel may do any or all of the following for the purposes of 21 doing the search -- 22 (a) detain the vehicle or vessel for as long as is reasonably 23 necessary to conduct the search; 24 (b) move, or require the person in charge of the vehicle or 25 vessel to move, the vehicle or vessel to a place suitable 26 to conduct the search; 27 (c) search any thing in or on the vehicle or vessel. page 21 Commonwealth Heads of Government Meeting (Special Powers) Bill 2011 Part 3 Special powers in relation to CHOGM security areas Division 3 Surrender and seizure of prohibited items s. 29 1 Division 3 -- Surrender and seizure of prohibited items 2 29. Power to require surrender of, or to seize and detain, 3 prohibited items 4 (1) A police officer or an authorised person may, in connection with 5 a search under this Part, do any of the following -- 6 (a) require a person that the officer or authorised person 7 reasonably suspects to be in possession or have control 8 of a prohibited item without special justification to 9 surrender the item to the officer or authorised person as 10 a condition of entry into a CHOGM security area; 11 (b) seize and detain in a CHOGM security area all or part of 12 a thing that the officer or authorised person reasonably 13 suspects to be a prohibited item that is in the possession 14 or control of a person without special justification. 15 (2) A power conferred by this section to require the surrender of, or 16 to seize and detain, a thing includes -- 17 (a) a power to remove a thing from the place where it is 18 found; and 19 (b) a power to guard the thing in or on the place where it is 20 found. 21 (3) A police officer or an authorised person must inform the person 22 who is in possession or has control of the thing that the officer 23 or authorised person requires the person to surrender, or that the 24 officer or authorised person is to seize, that the thing might not 25 be returned to the person. 26 (4) A police officer or an authorised person must comply with 27 subsection (3) -- 28 (a) if it is practicable to do so, before or at the time of 29 exercising the power; or 30 (b) if it is not practicable to do so, as soon as is reasonably 31 practicable after exercising the power. page 22 Commonwealth Heads of Government Meeting (Special Powers) Bill 2011 Special powers in relation to CHOGM security areas Part 3 Surrender and seizure of prohibited items Division 3 s. 30 1 (5) A failure by a police officer or an authorised person to comply 2 with subsection (3) does not affect the validity of any exercise 3 of a power under this section. 4 30. Disposal of prohibited items surrendered, seized or detained 5 (1) A police officer or an authorised person to whom a thing is 6 surrendered, or who seizes a thing, under section 29 need not 7 return it to the person who surrendered it or from whom it was 8 seized. 9 (2) If a thing that has been surrendered or seized under section 29 is 10 not returned to the person who surrendered it or from whom it 11 was seized within the period of 24 hours after its surrender or 12 seizure -- 13 (a) the thing is forfeited to the Crown on the expiry of that 14 period; and 15 (b) no compensation is payable in respect of that forfeiture. 16 (3) If an authorised person does not return a thing to the person who 17 surrendered it or from whom it was seized, the authorised 18 person must deliver the thing to a police officer. 19 31. Power to seize things relevant to offence 20 (1) In this section -- 21 thing relevant to an offence has the meaning given in the 22 Criminal Investigation Act 2006 section 5. 23 (2) If a police officer doing a search under this Part finds a thing 24 that is not a prohibited item but that is a thing relevant to an 25 offence, the police officer may seize it if one or more of the 26 grounds for seizing an item set out in the Criminal Investigation 27 Act 2006 section 146 apply. 28 (3) The Criminal Investigation Act 2006 sections 147 to 151 apply 29 to and in respect of the seizing of things under this section as if 30 it were the seizing under that Act of things relevant to an 31 offence. page 23 Commonwealth Heads of Government Meeting (Special Powers) Bill 2011 Part 3 Special powers in relation to CHOGM security areas Division 4 Directions s. 32 1 32. Application of Criminal and Found Property Disposal 2 Act 2006 3 The Criminal and Found Property Disposal Act 2006 applies to 4 and in respect of -- 5 (a) any thing that is forfeited to the Crown under section 30; 6 and 7 (b) any thing that is seized under section 31. 8 Division 4 -- Directions 9 33. Power to give directions 10 (1) A police officer or an authorised person may give a direction to 11 any person, or any group of persons assembled, in a CHOGM 12 security area. 13 (2) A direction under this section must be reasonable in the 14 circumstances for the purpose of substantially assisting in 15 promoting the security or safety of a CHOGM event, people 16 attending the event or the public or in preventing or controlling 17 a public disorder. 18 (3) A direction under this section is to be given orally and, if given 19 to a group of persons, is to be given in a manner that is likely to 20 be audible to all persons in that group, or to as many of them as 21 practicable. 22 (4) If a direction under this section is given to a group of persons, it 23 is not necessary for the police officer or authorised person to 24 repeat the direction to each person in the group. 25 (5) However, just because the police officer or authorised person is 26 not required to repeat a direction does not in itself give rise to 27 any presumption that each person in the group has received the 28 direction. page 24 Commonwealth Heads of Government Meeting (Special Powers) Bill 2011 Special powers in relation to CHOGM security areas Part 3 Road closures Division 5 s. 34 1 Division 5 -- Road closures 2 34. Power to close roads 3 (1) In this section -- 4 relevant road means -- 5 (a) a road in a CHOGM security area; or 6 (b) a road leading to or from a CHOGM security area; or 7 (c) a road in the vicinity of a CHOGM security area; or 8 (d) a road along a route being taken, or to be taken, by 9 vehicles that are being, or are to be, used for conveying 10 people attending CHOGM (Perth) to or from their 11 accommodation, an airport or a venue or facility for a 12 CHOGM event. 13 (2) A police officer or an authorised person may, at the direction of 14 the Commissioner, close any relevant road for any of the 15 following purposes -- 16 (a) facilitating the conduct of a CHOGM event; 17 (b) controlling and regulating vehicular or pedestrian traffic 18 at or near any venue or facility for a CHOGM event; 19 (c) facilitating the movement of vehicles that are being, or 20 are to be, used for conveying people attending CHOGM 21 (Perth) to or from their accommodation, an airport or a 22 venue or facility for a CHOGM event; 23 (d) ensuring the safety of persons; 24 (e) protecting property from damage. 25 (3) A road may be closed by means of any appropriate form of 26 physical barrier or obstruction preventing or limiting the 27 passage of vehicles or persons or by whatever other means the 28 police officer or authorised person considers appropriate. 29 (4) It is not necessary to give public notice of the closure of a road 30 under this section. page 25 Commonwealth Heads of Government Meeting (Special Powers) Bill 2011 Part 3 Special powers in relation to CHOGM security areas Division 6 Removal of vehicles, vessels and things s. 35 1 (5) It is the duty of any police officer or authorised person closing a 2 road under this section to ensure that the road is not closed for a 3 period that is longer than is necessary to serve the purpose for 4 which the road is closed. 5 35. Effect of road closure 6 (1) In this section, use a road includes -- 7 (a) any use of the road by pedestrians; and 8 (b) driving, leaving, parking, standing or stopping a vehicle 9 on the road. 10 (2) A person or vehicle must not use a road while it is closed under 11 this Division unless -- 12 (a) the person is a police officer or an authorised person or a 13 designated person; or 14 (b) the vehicle is a police vehicle or a designated vehicle. 15 (3) A person or vehicle is a designated person or designated 16 vehicle, in relation to a road, if the person or vehicle is 17 authorised (or belongs to a class of persons or vehicles that is 18 authorised) to use the road by the Commissioner or a police 19 officer. 20 (4) An authorisation for the purposes of this section may be given 21 orally or in writing. 22 (5) A road, or any part of a road, does not cease to be a road for the 23 purposes of the Road Traffic Act 1974, the Motor Vehicle (Third 24 Party Insurance) Act 1943 or any other written law because it is 25 closed or its use, or access to it, is restricted under this Division. 26 Division 6 -- Removal of vehicles, vessels and things 27 36. Removal of vehicles, vessels and things from CHOGM 28 security area 29 (1) A police officer or an authorised person may remove or cause to 30 be removed from a CHOGM security area any vehicle, vessel or page 26 Commonwealth Heads of Government Meeting (Special Powers) Bill 2011 Special powers in relation to CHOGM security areas Part 3 Removal of vehicles, vessels and things Division 6 s. 37 1 thing if the police officer or authorised person is of the opinion 2 that it is necessary to do so. 3 (2) The power conferred by subsection (1) may be exercised even 4 though the vehicle, vessel or thing is lawfully in the CHOGM 5 security area. 6 37. Removal of unauthorised vehicles or things from closed 7 road 8 A police officer or an authorised person may remove or cause to 9 be removed any vehicle or other thing from a road that is closed 10 under Division 5 if the police officer or authorised person is of 11 the opinion that it is necessary to do so. 12 38. Further provisions relating to removal of vehicles etc. 13 (1) A police officer or an authorised person exercising a power 14 conferred by section 36 or 37 may be assisted by any persons 15 the police officer or authorised person considers necessary. 16 (2) A vehicle, vessel or thing may be removed under section 36 17 or 37 to a police station or any other place where it may 18 conveniently be detained. 19 (3) A police officer or an authorised person, and any person 20 assisting a police officer or an authorised person, may drive, 21 tow or otherwise convey a vehicle or vessel removed under 22 section 36 or 37 -- 23 (a) to the place where the vehicle or vessel is to be stored; 24 or 25 (b) at the place where the vehicle or vessel is stored. 26 39. Additional powers in relation to removing vehicles and 27 vessels 28 (1) For the purpose of removing a vehicle or vessel under 29 section 36 or 37, a police officer or an authorised person, and 30 any person assisting a police officer or an authorised person, 31 may take any action that is reasonable or necessary to facilitate page 27 Commonwealth Heads of Government Meeting (Special Powers) Bill 2011 Part 3 Special powers in relation to CHOGM security areas Division 6 Removal of vehicles, vessels and things s. 40 1 the removal of the vehicle or vessel in a manner that does the 2 least damage to the vehicle or vessel. 3 (2) In taking any action authorised by subsection (1), the police 4 officer, authorised person or person assisting is not liable for 5 any damage to the vehicle or vessel that the police officer, 6 authorised person or person assisting causes. 7 40. Notification of removal 8 (1) As soon as reasonably practicable after the removal of a vehicle, 9 vessel or thing under section 36 or 37, the police officer or 10 authorised person who removed the vehicle, vessel or thing is to 11 give to the owner of the vehicle, vessel or thing notice of the 12 removal and stating the place where the vehicle, vessel or thing 13 is kept. 14 (2) Subsection (1) does not apply where the police officer or 15 authorised person does not know who owns the vehicle, vessel 16 or thing. 17 41. Application of Criminal and Found Property Disposal 18 Act 2006 19 If any vehicle, vessel or thing is removed under section 36 20 or 37 -- 21 (a) the vehicle, vessel or thing is to be taken to be found 22 property in the possession of the Commissioner for the 23 purposes of the Criminal and Found Property Disposal 24 Act 2006; and 25 (b) that Act applies to and in respect of the vehicle, vessel 26 or thing accordingly. page 28 Commonwealth Heads of Government Meeting (Special Powers) Bill 2011 Special powers in relation to CHOGM security areas Part 3 Powers to refuse entry to, and remove from, security area Division 7 s. 42 1 Division 7 -- Powers to refuse entry to, and remove from, 2 security area 3 42. Excluded persons list 4 (1) The Commissioner may compile one or more lists of persons 5 (an excluded persons list) who the Commissioner is satisfied 6 are persons who would pose serious threats to the safety of 7 persons or property (or both) in a CHOGM security area during 8 the CHOGM period. 9 (2) The Commissioner must take reasonable steps to contact a 10 person in order to notify the person that the person is named in 11 an excluded persons list. 12 (3) The Commissioner may (but need not) cause an excluded 13 persons list to be published by whatever means the 14 Commissioner considers appropriate. 15 (4) Without limiting subsection (3), an excluded persons list may be 16 published -- 17 (a) in the Gazette; or 18 (b) in any newspaper published in the State (whether or not 19 circulating generally throughout the State); or 20 (c) on a website. 21 (5) A failure by the Commissioner to notify a person that the person 22 is named in an excluded persons list, or to notify the public of 23 the contents of an excluded persons list, does not affect the 24 validity of the list or otherwise limit any powers conferred by 25 this Act in relation to persons named in the list. 26 43. Exclusion of persons from CHOGM security areas 27 (1) The following persons (excludable persons) may be excluded 28 from any CHOGM security area during the CHOGM period (or 29 any part of that period) -- 30 (a) any person who, without lawful excuse, fails to comply 31 with a requirement made of the person under section 22 page 29 Commonwealth Heads of Government Meeting (Special Powers) Bill 2011 Part 3 Special powers in relation to CHOGM security areas Division 7 Powers to refuse entry to, and remove from, security area s. 43 1 for the person to disclose the person's personal details, 2 or provide proof of the person's personal details, as a 3 condition of entry into a CHOGM security area or when 4 the person is in a CHOGM security area; 5 (b) any person who, when required under section 23 by a 6 police officer or an authorised person to state the 7 person's reason for wanting to enter, or for being in, a 8 CHOGM security area, fails to satisfy the police officer 9 or authorised person that the person has a good and 10 lawful reason to enter or be in the CHOGM security area 11 or a particular part of the CHOGM security area; 12 (c) any person who, without lawful excuse, fails to comply 13 with a requirement made of the person under section 24 14 for the person to submit to a search as a condition of 15 entry into a CHOGM security area or when the person is 16 in a CHOGM security area; 17 (d) any person who, without lawful excuse, fails to comply 18 with a requirement made of the person under section 27 19 for the person to do one or more of the things listed in 20 section 27(3) as a condition of entry into a CHOGM 21 security area or when the person is in a CHOGM 22 security area; 23 (e) any person in or on a vehicle or vessel seeking to enter a 24 CHOGM security area in circumstances where the 25 person in charge of the vehicle or vessel fails, without 26 lawful excuse, to comply with a requirement made of 27 the person under section 28 to submit the vehicle or 28 vessel to a search as a condition of entry into the area; 29 (f) any person in or on a vehicle or vessel that is in a 30 CHOGM security area in circumstances where the 31 person in charge of the vehicle or vessel fails, without 32 lawful excuse, to comply with a requirement made of 33 the person under section 28 to submit the vehicle or 34 vessel to a search; page 30 Commonwealth Heads of Government Meeting (Special Powers) Bill 2011 Special powers in relation to CHOGM security areas Part 3 Powers to refuse entry to, and remove from, security area Division 7 s. 43 1 (g) any person who, without lawful excuse, resists, hinders 2 or obstructs a police officer or an authorised person 3 conducting a search under this Part in a CHOGM 4 security area; 5 (h) any person who, without special justification, fails to 6 surrender a prohibited item to a police officer or an 7 authorised person as a condition of entry into a CHOGM 8 security area; 9 (i) any person who, without special justification, is in 10 possession or has control of a prohibited item in a 11 CHOGM security area; 12 (j) any person who, without lawful excuse, fails to comply 13 with a reasonable direction given under section 33 to the 14 person in a CHOGM security area by a police officer or 15 an authorised person; 16 (k) any person who, without lawful excuse, is on a road that 17 is closed under Division 5; 18 (l) any person who, without lawful excuse, fails to comply 19 with a restriction that applies, under section 7(b) 20 or 11(b), to access to a CHOGM security area or part of 21 a CHOGM security area; 22 (m) any person who, without lawful excuse, fails to comply 23 with a condition that applies, under section 7(c) or 11(c), 24 to entry to a CHOGM security area or part of a CHOGM 25 security area; 26 (n) any person whose name appears on an excluded persons 27 list. 28 (2) A police officer or an authorised person may, during the 29 CHOGM period, do any of the following -- 30 (a) prevent an excludable person from entering any 31 CHOGM security area; page 31 Commonwealth Heads of Government Meeting (Special Powers) Bill 2011 Part 3 Special powers in relation to CHOGM security areas Division 7 Powers to refuse entry to, and remove from, security area s. 43 1 (b) remove an excludable person from any CHOGM 2 security area to another place within that or another 3 CHOGM security area or to a place outside the 4 CHOGM security areas; 5 (c) require an excludable person to disclose his or her 6 personal details or provide proof of his or her personal 7 details (or both) when removing the person from a 8 CHOGM security area; 9 (d) without limiting paragraph (a), (b) or (c), remove any 10 person who, without lawful excuse, is on a road that is 11 closed under Division 5 to a place away from the road. 12 (3) Any action taken under subsection (2) does not prevent the 13 taking of proceedings in respect of an offence. page 32 Commonwealth Heads of Government Meeting (Special Powers) Bill 2011 Additional special powers in relation to restricted areas Part 4 Preliminary Division 1 s. 44 1 Part 4 -- Additional special powers in relation to 2 restricted areas 3 Division 1 -- Preliminary 4 44. Relationship of this Part with Part 3 5 Any power conferred by this Part in relation to a restricted area 6 is in addition to, and does not derogate from, any power 7 conferred in relation to a restricted area by Part 3. 8 Division 2 -- Special powers in relation to restricted areas 9 45. Powers available only during CHOGM period 10 The powers conferred by this Division may be exercised only 11 during the CHOGM period in, or in relation to, a restricted area. 12 46. Restrictions on exercise of special powers 13 The powers conferred by this Division may be exercised only in 14 accordance with the terms of any regulations or orders made 15 under this Act which limit -- 16 (a) who may exercise special powers in, or in relation to, a 17 CHOGM security area or a part of a CHOGM security 18 area; or 19 (b) which special powers may be exercised in, or in relation 20 to, a CHOGM security area or a part of a CHOGM 21 security area; or 22 (c) where in a CHOGM security area or a part of a 23 CHOGM security area special powers may be exercised; 24 or 25 (d) when special powers may be exercised in, or in relation 26 to, a CHOGM security area or a part of a CHOGM 27 security area. page 33 Commonwealth Heads of Government Meeting (Special Powers) Bill 2011 Part 4 Additional special powers in relation to restricted areas Division 2 Special powers in relation to restricted areas s. 47 1 47. Power to enter and search premises 2 (1) A police officer may, without warrant, enter and search any 3 premises located in a restricted area. 4 (2) The police officer must do as little damage as possible. 5 (3) This section does not authorise a police officer to enter any part 6 of premises being used for residential purposes, except -- 7 (a) with the consent of the occupier of the part of the 8 premises; or 9 (b) under the authority of a search warrant or under another 10 written law that authorises the entry. 11 48. Power to obtain disclosure of identity 12 (1) A police officer or an authorised person may, without warrant, 13 require a person whose identity is unknown to the officer or 14 authorised person to disclose his or her personal details if -- 15 (a) the person is seeking to enter a restricted area (whether 16 or not in or on a vehicle or vessel); or 17 (b) the person is in a restricted area (whether or not in or on 18 a vehicle or vessel). 19 (2) A police officer or an authorised person may also require a 20 person who is required under this section to disclose his or her 21 personal details to provide proof of his or her personal details. 22 (3) A police officer or an authorised person who requires a person 23 to disclose the person's personal details or to provide proof of 24 the person's personal details must also warn the person that 25 failure to comply with the requirement may result in the person 26 being refused entry to the restricted area or, as the case requires, 27 removed from the restricted area. page 34 Commonwealth Heads of Government Meeting (Special Powers) Bill 2011 Additional special powers in relation to restricted areas Part 4 Exclusion of persons from restricted areas Division 3 s. 49 1 Division 3 -- Exclusion of persons from restricted areas 2 49. Exclusion of persons from restricted areas 3 (1) A police officer or an authorised person may, during the 4 CHOGM period, do any of the following -- 5 (a) prevent a person from entering a restricted area if the 6 person, without lawful excuse, fails to comply with a 7 requirement made of the person under section 48 to 8 disclose his or her personal details or provide proof of 9 his or her personal details; 10 (b) remove any of the following persons from any restricted 11 area to another place within that or another CHOGM 12 security area or to a place outside the CHOGM security 13 areas -- 14 (i) any person who, without special justification, is 15 in possession or has control of a prohibited item 16 in a restricted area; 17 (ii) any person who, without special justification, is 18 in a restricted area; 19 (iii) any person who, without lawful excuse, fails to 20 comply with a requirement made of the person 21 under section 48 to disclose his or her personal 22 details or provide proof of his or her personal 23 details. 24 (2) Any action taken under this section does not prevent the taking 25 of proceedings in respect of an offence. page 35 Commonwealth Heads of Government Meeting (Special Powers) Bill 2011 Part 5 Recognition of law enforcement officers and authorised persons Division 1 Recognition of law enforcement officers of other jurisdictions s. 50 1 Part 5 -- Recognition of law enforcement officers and 2 authorised persons 3 Division 1 -- Recognition of law enforcement officers of 4 other jurisdictions 5 50. Recognition of law enforcement officers of other 6 jurisdictions 7 (1) The Commissioner may appoint as a recognised law 8 enforcement officer for the purposes of this Act any person 9 who is -- 10 (a) a member of the Australian Federal Police; or 11 (b) a member of the police force of another State or of a 12 Territory; or 13 (c) an employee of the New Zealand Police who holds the 14 office of constable. 15 (2) The Commissioner must not make an appointment under 16 subsection (1) unless he or she is of the opinion that the 17 appointment is necessary for the purposes of securing the safety 18 or security of a CHOGM event, people attending the event or 19 the public or in preventing or controlling a public disorder. 20 (3) The appointment of a recognised law enforcement officer -- 21 (a) must be in writing; and 22 (b) must state the date and time it is made; and 23 (c) must state the date and time it ceases to have effect; and 24 (d) may be made subject to any condition the Commissioner 25 thinks fit; and 26 (e) must be signed by the Commissioner. 27 (4) The date and time stated under subsection (3)(c) must not be 28 after the expiry of the CHOGM period. 29 (5) The appointment of 2 or more recognised law enforcement 30 officers may be in one instrument of appointment. page 36 Commonwealth Heads of Government Meeting (Special Powers) Bill 2011 Recognition of law enforcement officers and authorised Part 5 persons Recognition of law enforcement officers of other jurisdictions Division 1 s. 51 1 51. Cancellation, expiry and re-appointment 2 (1) The Commissioner may cancel the appointment of a recognised 3 law enforcement officer at any time. 4 (2) A recognised law enforcement officer's appointment has effect 5 until the sooner of any of the following -- 6 (a) the date and time it ceases to have effect, as stated in the 7 instrument of appointment; 8 (b) it is cancelled under this section; 9 (c) the expiry of the CHOGM period. 10 (3) A recognised law enforcement officer's appointment cannot be 11 extended, but the Commissioner may make a further 12 appointment under section 50 that has effect immediately an 13 earlier appointment ceases to have effect. 14 52. Functions of recognised law enforcement officers 15 (1) A recognised law enforcement officer -- 16 (a) has and may perform any function that a police officer 17 has and may perform under this Act (other than Part 8); 18 and 19 (b) in connection with the performance of any function 20 referred to in paragraph (a), has and may perform any 21 function that a police officer has under any other written 22 law or the common law. 23 (2) Subsection (1) is subject to any conditions to which a 24 recognised law enforcement officer's appointment is subject. 25 53. Command and control of recognised law enforcement 26 officers 27 Recognised law enforcement officers remain under the 28 command and control of the police force of which they are 29 members or employees during the term of their appointment 30 under this Division. page 37 Commonwealth Heads of Government Meeting (Special Powers) Bill 2011 Part 5 Recognition of law enforcement officers and authorised persons Division 1 Recognition of law enforcement officers of other jurisdictions s. 54 1 54. Identity card 2 (1) The Commissioner must give each recognised law enforcement 3 officer an identity card. 4 (2) The identity card must -- 5 (a) contain a recent photograph or digital image of the 6 recognised law enforcement officer; and 7 (b) be signed by the recognised law enforcement officer; 8 and 9 (c) identify the person as a recognised law enforcement 10 officer; and 11 (d) include an expiry date; and 12 (e) state a unique identifying number. 13 (3) A person who ceases to be a recognised law enforcement officer 14 must return the person's identity card to the Commissioner as 15 soon as practicable (but within 21 days) after the person ceases 16 to be a recognised law enforcement officer. 17 55. Production or display of identity card 18 (1) A recognised law enforcement officer may exercise a power in 19 relation to another person only if -- 20 (a) the recognised law enforcement officer first produces 21 his or her identity card for the other person's inspection; 22 or 23 (b) the recognised law enforcement officer has his or her 24 identity card displayed so that it is clearly visible to the 25 other person. 26 (2) However, if for any reason it is not practicable for a recognised 27 law enforcement officer to comply with subsection (1) before 28 exercising the power, the recognised law enforcement officer 29 must produce the identity card for inspection by the other 30 person as soon as it is practicable. page 38 Commonwealth Heads of Government Meeting (Special Powers) Bill 2011 Recognition of law enforcement officers and authorised Part 5 persons Authorised persons Division 2 s. 56 1 Division 2 -- Authorised persons 2 56. Appointment of authorised persons 3 (1) The Commissioner may appoint a person as an authorised 4 person for the purposes of this Act. 5 (2) The Commissioner may appoint a person to be an authorised 6 person only if the Commissioner believes that the person has the 7 necessary expertise or experience to be an authorised person. 8 (3) The appointment of an authorised person -- 9 (a) must be in writing; and 10 (b) must state the date and time it is made; and 11 (c) must state the date and time it ceases to have effect; and 12 (d) must state the matters required by section 58; and 13 (e) may be made subject to any condition the Commissioner 14 thinks fit; and 15 (f) must be signed by the Commissioner. 16 (4) The date and time stated under subsection (3)(c) must not be 17 after the expiry of the CHOGM period. 18 57. Cancellation and expiry 19 (1) The Commissioner may cancel the appointment of an authorised 20 person at any time. 21 (2) An authorised person's appointment has effect until the sooner 22 of any of the following -- 23 (a) the date and time it ceases to have effect, as stated in the 24 instrument of appointment; 25 (b) it is cancelled under this section; 26 (c) the expiry of the CHOGM period. page 39 Commonwealth Heads of Government Meeting (Special Powers) Bill 2011 Part 5 Recognition of law enforcement officers and authorised persons Division 2 Authorised persons s. 58 1 58. Statement of powers 2 (1) The instrument of appointment of an authorised person must 3 state the following -- 4 (a) the powers of an authorised person that the appointee 5 may exercise under this Act; 6 (b) the time or times when those powers may be exercised; 7 (c) the place or places where those powers may be 8 exercised. 9 (2) If the appointee is to be able to exercise all the powers of an 10 authorised person under this Act, then the instrument of 11 appointment may contain a statement to that effect. 12 (3) If the appointee is to be able to exercise only some of the 13 powers of an authorised person under this Act, then the 14 instrument of appointment must state the particular powers that 15 the appointee is able to exercise. 16 59. Identity card 17 (1) The Commissioner must give each authorised person an identity 18 card. 19 (2) The identity card must -- 20 (a) contain a recent photograph or digital image of the 21 authorised person; and 22 (b) be signed by the authorised person; and 23 (c) identify the person as an authorised person; and 24 (d) include an expiry date; and 25 (e) state a unique identifying number. 26 (3) A person who ceases to be an authorised person must return the 27 person's identity card to the Commissioner as soon as 28 practicable (but within 21 days) after the person ceases to be an 29 authorised person. page 40 Commonwealth Heads of Government Meeting (Special Powers) Bill 2011 Recognition of law enforcement officers and authorised Part 5 persons General Division 3 s. 60 1 (4) Section 70 makes failure to comply with subsection (3) without 2 reasonable excuse an offence. 3 60. Production or display of identity card 4 (1) An authorised person may exercise a power in relation to 5 another person only if -- 6 (a) the authorised person first produces his or her identity 7 card for the other person's inspection; or 8 (b) the authorised person has his or her identity card 9 displayed so that it is clearly visible to the other person. 10 (2) However, if for any reason it is not practicable for an authorised 11 person to comply with subsection (1) before exercising the 12 power, the authorised person must produce the identity card for 13 inspection by the other person as soon as it is practicable. 14 Division 3 -- General 15 61. Appointment does not make appointee public servant 16 The appointment of a person under this Part as a recognised law 17 enforcement officer or an authorised person -- 18 (a) does not make the provisions of the Public Sector 19 Management Act 1994 Part 3 or of any Act applying to 20 persons employed in the Public Service applicable to the 21 person; or 22 (b) in the case of an authorised person, does not affect or 23 prejudice the application to the person of those 24 provisions if they applied to the person at the time of the 25 person's appointment. 26 62. Appointees are public officers 27 Recognised law enforcement officers and authorised persons are 28 to be taken to be public officers for the purposes of The 29 Criminal Code. page 41 Commonwealth Heads of Government Meeting (Special Powers) Bill 2011 Part 6 Offences Division 1 Offences relating to CHOGM security areas s. 63 1 Part 6 -- Offences 2 Division 1 -- Offences relating to CHOGM security areas 3 63. Unauthorised entry to CHOGM security area 4 A person must not enter or remain in a CHOGM security area 5 unless the person -- 6 (a) has the consent of the organiser of the CHOGM event 7 being held or to be held in the area; or 8 (b) has a special justification to enter or remain in the area; 9 or 10 (c) is otherwise authorised to enter or remain in the area. 11 Penalty: imprisonment for 12 months. 12 64. Unauthorised entry to restricted area 13 (1) A person must not, without reasonable excuse, enter or remain 14 in a restricted area. 15 Penalty: imprisonment for 12 months. 16 (2) A person has a reasonable excuse for the purposes of 17 subsection (1) if the person establishes that, at the time when the 18 offence is alleged to have occurred -- 19 (a) no steps had been taken under section 13(1)(a) to notify 20 the public that the area that is the subject of the 21 prosecution had been designated as a restricted area 22 under section 12; and 23 (b) the person did not know that the area was a restricted 24 area. 25 (3) Subsection (2) does not limit any other circumstances or state of 26 affairs that may constitute a reasonable excuse for the purposes 27 of subsection (1). page 42 Commonwealth Heads of Government Meeting (Special Powers) Bill 2011 Offences Part 6 Offences relating to CHOGM security areas Division 1 s. 65 1 65. Interference with CHOGM event 2 A person must not, in a CHOGM security area -- 3 (a) disrupt, interfere with, delay or obstruct the conduct of a 4 CHOGM event; or 5 (b) interfere with the reasonable enjoyment, by another 6 person, of a CHOGM event. 7 Penalty: imprisonment for 12 months. 8 66. Prohibited items 9 A person must not, without reasonable excuse, take a prohibited 10 item into, or possess a prohibited item in, a CHOGM security 11 area. 12 Penalty: a fine of $6 000. 13 67. Failure to disclose personal details or provide proof of 14 personal details 15 (1) A person must not, without reasonable excuse, fail to comply 16 with a requirement made of the person under section 43(2)(c) 17 for the person to disclose his or her personal details or provide 18 proof of his or her personal details. 19 Penalty: imprisonment for 12 months. 20 (2) A person must not, without reasonable excuse, in response to a 21 requirement made of the person under section 43(2)(c) -- 22 (a) give any false personal details; or 23 (b) produce any false evidence. 24 Penalty: imprisonment for 12 months. 25 68. Re-entering CHOGM security area after being removed 26 A person who has been removed from a CHOGM security area 27 under section 43(2) by a police officer or an authorised person 28 must not re-enter or attempt to re-enter that CHOGM security 29 area or any other CHOGM security area during the remainder of page 43 Commonwealth Heads of Government Meeting (Special Powers) Bill 2011 Part 6 Offences Division 2 Offence relating to closed roads s. 69 1 the CHOGM period without the written authorisation of the 2 Commissioner. 3 Penalty: imprisonment for 12 months. 4 Division 2 -- Offence relating to closed roads 5 69. Unauthorised use of closed road 6 (1) In this section -- 7 use a road has the meaning given in section 35(1). 8 (2) A person must not use a road while it is closed under Part 3 9 Division 5, unless the person has a reasonable excuse. 10 Penalty: a fine of $1 000. 11 Division 3 -- Offence relating to identity cards 12 70. Failure to return identity card 13 A person who ceases to be an authorised person must return the 14 person's identity card to the Commissioner as soon as 15 practicable, but within 21 days, after the person ceases to be an 16 authorised person, unless the person has a reasonable excuse. 17 Penalty: a fine of $2 000. 18 Division 4 -- Offence relating to airspace 19 71. Offence relating to unauthorised entry into restricted 20 airspace 21 (1) In this section -- 22 aircraft -- 23 (a) means any machine or craft that can derive support in 24 the atmosphere from the reactions of the air, other than 25 the reactions of the air against the earth's surface; and 26 (b) includes an airship, a blimp and a hot-air balloon; page 44 Commonwealth Heads of Government Meeting (Special Powers) Bill 2011 Offences Part 6 Offence relating to airspace Division 4 s. 71 1 Airservices Australia means the body established by the Air 2 Services Act 1995 (Commonwealth) section 7(1); 3 CASA means the Civil Aviation Safety Authority established by 4 the Civil Aviation Act 1988 (Commonwealth); 5 Commonwealth Air Navigation Regulations means the Air 6 Navigation Regulations 1947 (Commonwealth); 7 restricted airspace means airspace that CASA has declared 8 under the Airspace Act 2007 (Commonwealth) to be restricted 9 airspace in relation to CHOGM (Perth); 10 State air navigation means air navigation within Western 11 Australia to and in relation to which the Commonwealth Air 12 Navigation Regulations are applied as if they were State law by 13 the Air Navigation Act 1937 section 4. 14 (2) A person must not, during the CHOGM period and in the course 15 of State air navigation, cause an aircraft to enter, or operate an 16 aircraft within, restricted airspace without an air traffic 17 clearance given by or on behalf of Airservices Australia under 18 the Airspace Act 2007 (Commonwealth). 19 Penalty: a fine of $250 000. 20 (3) An offence against subsection (2) is an indictable offence. 21 (4) The provisions of this section prevail to the extent of any 22 inconsistency between this section and the provisions of the 23 Commonwealth Air Navigation Regulations (as applied to and 24 in relation to State air navigation by the Air Navigation 25 Act 1937 section 4). 26 (5) This section does not apply to the operation of -- 27 (a) a military aircraft, or an aircraft of the Western 28 Australian Police Force, when being operated for 29 military, security or emergency purposes; or 30 (b) an aircraft when being operated exclusively for 31 emergency purposes relating to human life or safety, or 32 the protection of property. page 45 Commonwealth Heads of Government Meeting (Special Powers) Bill 2011 Part 7 Miscellaneous Division 1 Matters of justification or excuse s. 72 1 Part 7 -- Miscellaneous 2 Division 1 -- Matters of justification or excuse 3 72. Special justification 4 (1) For the purposes of this Act (other than Part 8), a person has a 5 special justification to be in an area, or to possess or be in 6 control of a thing, only in the circumstances provided for by this 7 section. 8 (2) A person has a special justification to be in an area if -- 9 (a) the person is a police officer who is on duty in the area; 10 or 11 (b) the person is an authorised person who is performing the 12 functions of an authorised person in the area; or 13 (c) the person is required, authorised or permitted to be in 14 the area by the Commissioner or a police officer or an 15 authorised person; or 16 (d) the person is required to be in (or pass through) the area 17 for the purposes of the person's employment, 18 occupation, profession, calling, trade or business or for 19 any other work-related purpose; or 20 (e) the person resides (whether on a temporary or 21 permanent basis) in premises that are located in the area; 22 or 23 (f) the person is in the area in other circumstances 24 prescribed by the regulations. 25 (3) A person has a special justification to be in possession or have 26 control of a thing in an area if -- 27 (a) the person is a police officer who is on duty in the area; 28 or 29 (b) the person is an authorised person who is performing the 30 functions of an authorised person in the area; or page 46 Commonwealth Heads of Government Meeting (Special Powers) Bill 2011 Miscellaneous Part 7 Evidential matters Division 2 s. 73 1 (c) the person is required, authorised or permitted to be in 2 possession or have control of the thing in the area by the 3 Commissioner or a police officer or an authorised 4 person; or 5 (d) the person is required to be in possession or have control 6 of the thing in the area for the purposes of the person's 7 employment, occupation, profession, calling, trade or 8 business or for any other work-related purpose; or 9 (e) the person has possession or control of the thing in 10 residential premises of the person that are located in the 11 area; or 12 (f) the person is in possession or has control of the thing in 13 the area in other circumstances prescribed by the 14 regulations. 15 73. Onus of proof of lawful excuse etc. 16 (1) The onus of proof of lawful excuse or reasonable excuse or 17 special justification (whether in proceedings for an offence 18 against a provision of Part 6 or in relation to the exercise of 19 powers conferred by this Act (other than Part 8)) lies on the 20 person accused of the offence or who claims to have the lawful 21 excuse, reasonable excuse or special justification (as the case 22 may be). 23 (2) Nothing in this section limits the Criminal Procedure Act 2004 24 section 78. 25 Division 2 -- Evidential matters 26 74. Proof of unpublished orders and of appointments 27 (1) In proceedings for an offence against this Act or any other Act, 28 the following averments in the indictment or prosecution notice 29 are sufficient evidence of the facts averred unless the contrary is 30 shown -- 31 (a) that an order was made under section 8 declaring a 32 stated area to be an additional security area, the date and page 47 Commonwealth Heads of Government Meeting (Special Powers) Bill 2011 Part 7 Miscellaneous Division 3 Exercise of powers s. 75 1 time when the order was signed, the period specified in 2 the order for which the area was to be an additional 3 security area, the time or times (if any) at which the area 4 was to be an additional security area, and any matters 5 specified or stated under section 11; 6 (b) that an order was made under section 12 designating a 7 stated area within a CHOGM security area to be a 8 restricted area, the date and time when the order was 9 signed, and the period (if any) specified in the order for 10 which the area was to be a restricted area; 11 (c) that an order was made under section 14 declaring a 12 stated meeting, event, function or activity to be a 13 CHOGM event, and the date and time when the order 14 was signed; 15 (d) that a stated person was, at a stated time or during a 16 stated period -- 17 (i) a recognised law enforcement officer; or 18 (ii) an authorised person. 19 (2) Subsection (1)(a) does not apply if the order made under 20 section 8 is published in the Gazette. 21 (3) Subsection (1)(b) does not apply if the order made under 22 section 12 is published in the Gazette. 23 (4) Subsection (1)(c) does not apply if the order made under 24 section 14 is published in the Gazette. 25 Division 3 -- Exercise of powers 26 75. Use of force by police officers and authorised persons 27 It is lawful for a police officer or an authorised person 28 exercising a special power in relation to a person or thing, and 29 anyone assisting the police officer or authorised person, to use 30 whatever force is reasonably necessary to exercise the power. page 48 Commonwealth Heads of Government Meeting (Special Powers) Bill 2011 Miscellaneous Part 7 Relationship with other laws Division 4 s. 76 1 76. Provision relating to powers 2 Any special power that is conferred by reference to a person, 3 vehicle or vessel being in an area is also exercisable in relation 4 to any person who, or vehicle or vessel that, has recently left the 5 area. 6 Division 4 -- Relationship with other laws 7 77. Relationship with other laws 8 (1) Nothing in any other written law or the common law limits any 9 special powers, or prevents a police officer or an authorised 10 person from exercising any special powers, that the police 11 officer or authorised person has under this Act. 12 (2) Nothing in this Act limits any powers, or prevents a police 13 officer from exercising any powers, that the police officer has 14 under any other written law or the common law. 15 Division 5 -- Immunities 16 78. No liability in nuisance 17 (1) The following do not constitute a public or private nuisance -- 18 (a) anything done or omitted to be done by any person in 19 the performance or purported performance of a function 20 under this Act; 21 (b) anything done or omitted to be done by any person in 22 assisting a person in the performance or purported 23 performance of a function under this Act. 24 (2) This section does not limit section 79. 25 79. Protection from liability for wrongdoing 26 (1) An action in tort does not lie against a person for anything that 27 the person has done, in good faith -- 28 (a) in the performance or purported performance of a 29 function under this Act; or page 49 Commonwealth Heads of Government Meeting (Special Powers) Bill 2011 Part 7 Miscellaneous Division 6 Other provisions s. 80 1 (b) in assisting a person in the performance or purported 2 performance of a function under this Act. 3 (2) The Crown is also relieved of any liability that it might 4 otherwise have had for another person having done anything as 5 described in subsection (1). 6 (3) The protection given by this section applies even though the 7 thing done as described in subsection (1) may have been 8 capable of being done whether or not this Act had been enacted. 9 (4) In this section, a reference to the doing of anything includes a 10 reference to an omission to do anything. 11 (5) This section overrides the Police Act 1892 section 137. 12 Division 6 -- Other provisions 13 80. Power of delegation 14 (1) The Commissioner may delegate any power or duty of the 15 Commissioner under this Act (other than Part 8) to a police 16 officer who is, or is acting as, a Deputy Commissioner or an 17 Assistant Commissioner. 18 (2) Without limiting subsection (1), the Commissioner may 19 delegate any power or duty of the Commissioner under 20 section 34 to a police officer who is, or is acting as, a 21 Superintendent or an officer of a rank more senior than a 22 Superintendent. 23 (3) The delegation must be in writing signed by the Commissioner. 24 (4) A police officer to whom a power or duty is delegated cannot 25 delegate that power or duty. 26 (5) A police officer exercising or performing a power or duty that 27 has been delegated to the police officer under this section is to 28 be taken to do so in accordance with the terms of the delegation 29 unless the contrary is shown. page 50 Commonwealth Heads of Government Meeting (Special Powers) Bill 2011 Miscellaneous Part 7 Other provisions Division 6 s. 81 1 (6) Nothing in this section limits the ability of the Commissioner to 2 perform a function through an officer or agent. 3 81. Corruption and Crime Commission may provide assistance 4 (1) In this section -- 5 CCC Commissioner means the Commissioner as defined in the 6 Corruption and Crime Commission Act 2003 section 3(1); 7 Commission means the Corruption and Crime Commission 8 established under the Corruption and Crime Commission 9 Act 2003; 10 officer of the Commission has the meaning given in the 11 Corruption and Crime Commission Act 2003 section 3(1). 12 (2) For the purposes of this Act, the Commissioner may, by 13 arrangement with the CCC Commissioner -- 14 (a) make use, either full-time or part-time, of the services of 15 any officer of the Commission; and 16 (b) make use of any facilities or resources of the 17 Commission. 18 (3) An arrangement under subsection (2) is to be made on terms 19 agreed by the Commissioner and the CCC Commissioner. 20 (4) While performing functions under an arrangement under 21 subsection (2), an officer of the Commission who is an 22 authorised officer (as defined in the Corruption and Crime 23 Commission Act 2003 section 184(1)) -- 24 (a) has and may perform the functions referred to in 25 subsections (3) to (3c) of that section; and 26 (b) has the benefit of subsection (5) of that section. 27 82. Regulations 28 The Governor may make regulations prescribing all matters that 29 are required or permitted by this Act to be prescribed, or are 30 necessary or convenient to be prescribed for giving effect to the 31 purposes of this Act. page 51 Commonwealth Heads of Government Meeting (Special Powers) Bill 2011 Part 7 Miscellaneous Division 7 Review of Act s. 83 1 Division 7 -- Review of Act 2 83. Review of Act 3 (1) The Commissioner must carry out and complete a review of the 4 operation and effectiveness of this Act not later than 3 months 5 after the CHOGM period ends. 6 (2) Within one month after completing the review, the 7 Commissioner must prepare a report based on the review and 8 give the report to the Minister. 9 (3) As soon as practicable after receiving the report from the 10 Commissioner, the Minister must cause the report to be laid 11 before each House of Parliament. page 52 Commonwealth Heads of Government Meeting (Special Powers) Bill 2011 Examinations before Corruption and Crime Commission Part 8 Preliminary Division 1 s. 84 1 Part 8 -- Examinations before Corruption and 2 Crime Commission 3 Division 1 -- Preliminary 4 84. Part to be read with Corruption and Crime Commission 5 Act 2003 6 (1) This Part is to be read in conjunction with, and as 7 supplementary to, the Corruption and Crime Commission 8 Act 2003 as if the provisions of this Part were incorporated with, 9 and formed part of, that Act. 10 (2) Where the provisions of this Part are in conflict or inconsistent 11 with the provisions of the Corruption and Crime Commission 12 Act 2003, the provisions of this Part prevail to the extent to 13 which they are in conflict or inconsistent. 14 (3) A term has the same meaning in this Part as it has in the 15 Corruption and Crime Commission Act 2003 unless the contrary 16 intention appears in this Part. 17 85. Terms used 18 In this Part -- 19 attend an event has the meaning given in section 3; 20 CCC Act means the Corruption and Crime Commission 21 Act 2003; 22 CHOGM event has the meaning given in section 3; 23 CHOGM summons means a summons issued under 24 section 88(1); 25 relevant offence means an offence that is punishable by 26 imprisonment for 3 years or more, where the act or omission 27 constituting the offence, or the result of that act or omission, is 28 intended or likely -- 29 (a) to kill or cause serious physical harm to people 30 attending a CHOGM event; or page 53 Commonwealth Heads of Government Meeting (Special Powers) Bill 2011 Part 8 Examinations before Corruption and Crime Commission Division 2 Examinations before Corruption and Crime Commission s. 86 1 (b) to endanger the lives of people attending a CHOGM 2 event; or 3 (c) to create a serious risk to the health or safety of people 4 attending a CHOGM event; or 5 (d) to cause damage to a venue or facility for a CHOGM 6 event; or 7 (e) to disrupt a CHOGM event, whether directly or 8 indirectly (for example by interfering with, disrupting or 9 destroying a telecommunications system, a system used 10 for the delivery of essential government services, a 11 system used for, or by, an essential public utility, or a 12 system used for, or by, a transport system). 13 86. Purpose of this Part 14 (1) The purpose of this Part is to facilitate the investigation of 15 serious offences, where the act or omission constituting the 16 offence, or the result of that act or omission, is intended or 17 likely -- 18 (a) to harm people attending a CHOGM event; or 19 (b) to damage a venue or facility for a CHOGM event; or 20 (c) to disrupt a CHOGM event. 21 (2) The investigation of an offence includes the investigation of a 22 suspicion that the offence has been, is being, or will be, 23 committed. 24 Division 2 -- Examinations before Corruption and 25 Crime Commission 26 87. Commissioner of Police may ask Commission to hold 27 examination 28 (1) The Commissioner of Police may request the Commission to 29 conduct an examination under this Part. page 54 Commonwealth Heads of Government Meeting (Special Powers) Bill 2011 Examinations before Corruption and Crime Commission Part 8 Examinations before Corruption and Crime Commission Division 2 s. 88 1 (2) On considering the request of the Commissioner of Police, the 2 Commission may decide to conduct an examination under this 3 Part if the Commission finds that it is satisfied that -- 4 (a) there are reasonable grounds for suspecting that a 5 relevant offence has been, is being, or will be, 6 committed; and 7 (b) there are reasonable grounds for suspecting that there 8 might be evidence or other information relevant to the 9 investigation of the offence that can be obtained by 10 conducting an examination under this Part; and 11 (c) there are reasonable grounds for believing that 12 conducting an examination under this Part would be in 13 the public interest, having regard to -- 14 (i) whether or not the suspected offence could be 15 effectively investigated without conducting an 16 examination; and 17 (ii) the extent to which the evidence or other 18 information that it is suspected might be obtained 19 would assist in the investigation, and the 20 likelihood of obtaining it; and 21 (iii) the circumstances in which the evidence or 22 information that it is suspected might be obtained 23 is suspected to have come into the possession of 24 any person from whom it might be obtained. 25 (3) If the Commission finds that it is satisfied that the grounds 26 described in subsection (2) exist, the finding is to be reduced to 27 writing and a copy of it is to be given to the Commissioner of 28 Police. 29 88. Commission, on application of police, may summons witness 30 (1) The Commission may, on the application of the Commissioner 31 of Police, issue a signed summons under the CCC Act 32 section 96 and cause it to be served under that section on the 33 person to whom it is addressed. page 55 Commonwealth Heads of Government Meeting (Special Powers) Bill 2011 Part 8 Examinations before Corruption and Crime Commission Division 2 Examinations before Corruption and Crime Commission s. 89 1 (2) The CCC Act sections 97 to 99 apply to and in relation to a 2 CHOGM summons and any person who is served with a 3 CHOGM summons. 4 89. Examination of witnesses by Commissioner of Police 5 (1) In participating in an examination to which a person is 6 summoned under a CHOGM summons, the Commissioner of 7 Police is to be represented by a legal practitioner instructed for 8 that purpose, who may be assisted by others who are not legal 9 practitioners but who are under the direct supervision of a legal 10 practitioner. 11 (2) A person representing the Commissioner of Police may, to the 12 extent that the Commission thinks proper, examine any witness 13 summoned under a CHOGM summons on any matter that the 14 Commission considers relevant to the investigation. 15 (3) This section does not limit the operation of the CCC Act 16 section 143. 17 90. Examination of witness about offence with which witness is 18 charged 19 (1) A person summoned on a CHOGM summons cannot be 20 examined about matters that may be relevant to an offence with 21 which the person stands charged, but this section does not 22 prevent any other person from being examined about those 23 matters. 24 (2) For the purposes of this section, a person stands charged with an 25 offence when whichever of the following occurs first -- 26 (a) the person is informed by the person investigating the 27 offence that he or she will be charged with the offence, 28 whether or not at that time a prosecution notice in 29 respect of the offence has been made or sworn; 30 (b) the persons investigating the offence ought to have 31 formed the view that the person should be charged with page 56 Commonwealth Heads of Government Meeting (Special Powers) Bill 2011 Examinations before Corruption and Crime Commission Part 8 Miscellaneous Division 3 s. 91 1 the offence, whether or not at that time a prosecution 2 notice in respect of the offence has been made or sworn; 3 (c) a prosecution notice in respect of the offence is made or 4 sworn. 5 91. Application of provisions of CCC Act 6 (1) The CCC Act Part 6 Division 5, Parts 7 to 11 and section 185 7 apply with all necessary modifications in relation to -- 8 (a) the performance of the Commission's functions under 9 this Part; and 10 (b) examinations conducted by the Commission under this 11 Part as if they were organised crime examinations; and 12 (c) a CHOGM summons as if it were a summons issued 13 pursuant to an application under the CCC Act 14 section 48. 15 (2) Nothing in this section limits section 84(1). 16 Division 3 -- Miscellaneous 17 92. Delegation by Commissioner of Police 18 (1) The Commissioner of Police may delegate any power or duty of 19 the Commissioner of Police under another provision of this Part 20 to a police officer who is, or is acting as, a Deputy 21 Commissioner or an Assistant Commissioner. 22 (2) The delegation must be in writing signed by the Commissioner 23 of Police. 24 (3) A police officer to whom a power or duty is delegated cannot 25 delegate that power or duty. 26 (4) A police officer exercising or performing a power or duty that 27 has been delegated to the police officer under this section is to 28 be taken to do so in accordance with the terms of the delegation 29 unless the contrary is shown. page 57 Commonwealth Heads of Government Meeting (Special Powers) Bill 2011 Part 8 Examinations before Corruption and Crime Commission Division 3 Miscellaneous s. 93 1 (5) Nothing in this section limits the ability of the Commissioner of 2 Police to perform a function through an officer or agent. 3 93. Judicial review excluded 4 (1) Except with the consent of the Parliamentary Inspector, a 5 prerogative writ cannot be issued and an injunction or a 6 declaratory judgment cannot be given in respect of the 7 performance of a function for the purposes of this Part and 8 proceedings cannot be brought seeking a writ, injunction or 9 judgment of that kind. 10 (2) Subsection (1) does not apply after the completion of the 11 investigation that the performance of the function was seeking 12 to facilitate. page 58 Commonwealth Heads of Government Meeting (Special Powers) Bill 2011 Corruption and Crime Commission Act 2003 amended Part 9 s. 94 1 Part 9 -- Corruption and Crime Commission 2 Act 2003 amended 3 94. Act amended 4 This Part amends the Corruption and Crime Commission 5 Act 2003. 6 95. Section 91 amended 7 After section 91(5) insert: 8 9 (6) The Commission must include in the report required 10 under this section the number of findings made under 11 the Commonwealth Heads of Government Meeting 12 (Special Powers) Act 2011 section 87(2) in the year to 13 which the report relates. 14 (7) This subsection and subsection (6) expire at the end of 15 31 December 2012. 16 page 59 Commonwealth Heads of Government Meeting (Special Powers) Bill 2011 Part 10 Expiry of Act s. 96 1 Part 10 -- Expiry of Act 2 96. Expiry of Act 3 (1) Parts 2 to 6, 7 (other than Divisions 2 and 7) and 8 expire at the 4 end of 5 November 2011. 5 (2) The rest of this Act expires on a day fixed by proclamation. 6 (3) A proclamation cannot be made under subsection (2) unless the 7 Commissioner has given the Minister a certificate signed by the 8 Commissioner stating that the operation of this Act is no longer 9 necessary. page 60 Commonwealth Heads of Government Meeting (Special Powers) Bill 2011 Defined Terms Defined Terms [This is a list of terms defined and the provisions where they are defined. The list is not part of the law.] Defined Term Provision(s) additional security area .........................................................................................3 aircraft............................................................................................................ 71(1) Airservices Australia...................................................................................... 71(1) authorised person ..................................................................................................3 basic search ...........................................................................................................3 CASA............................................................................................................. 71(1) CCC Act..............................................................................................................82 CCC Commissioner ....................................................................................... 81(1) CHOGM ...............................................................................................................3 CHOGM (Perth) ...................................................................................................3 CHOGM event................................................................................................3, 85 CHOGM period ....................................................................................................3 CHOGM security area ..........................................................................................3 CHOGM summons .............................................................................................85 Commission ................................................................................................... 81(1) Commissioner .......................................................................................................3 Commonwealth Air Navigation Regulations ................................................. 71(1) core security area ..................................................................................................3 designated person........................................................................................... 35(3) designated vehicle.......................................................................................... 35(3) excludable person .................................................................................................3 excludable persons ......................................................................................... 43(1) excluded persons list .................................................................................. 3, 42(1) fail to comply ........................................................................................................3 frisk search............................................................................................................3 legal proceedings ........................................................................................... 18(2) officer of the Commission ............................................................................. 81(1) personal details .....................................................................................................3 police vehicle ........................................................................................................3 prohibited item......................................................................................................3 recognised law enforcement officer ......................................................................3 relevant offence...................................................................................................85 relevant road .................................................................................................. 34(1) restricted airspace .......................................................................................... 71(1) restricted area........................................................................................................3 road .......................................................................................................................3 special justification ...............................................................................................3 special power ........................................................................................................3 State air navigation ........................................................................................ 71(1) page 61 Commonwealth Heads of Government Meeting (Special Powers) Bill 2011 Defined Terms thing relevant to an offence............................................................................ 31(1) use ....................................................................................................... 35(1), 69(1) vehicle...................................................................................................................3 vessel.....................................................................................................................3
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