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CRIMINAL INVESTIGATION (EXCEPTIONAL POWERS) AND FORTIFICATION REMOVAL BILL 2001

                      Western Australia


Criminal Investigation (Exceptional Powers)
   and Fortification Removal Bill 2001

                         CONTENTS


      Part 1 -- Preliminary
1.    Short title                                          2
2.    Commencement                                         2
3.    Meanings of terms used in this Act                   2
4.    Section 4 offences                                   3
5.    Act not applicable to juveniles                      3
6.    Delegation by Commissioner of Police                 3
      Part 2 -- Special commissioners
7.    Appointment of special commissioner                  4
8.    Effect of appointment                                4
      Part 3 -- Basis for, and control of, use
           of powers
9.    Finding as to grounds for exercising Part 4 or 5
      powers                                               5
10.   Special commissioner may limit exercise of powers    6
11.   Overseeing exercise of certain powers                6
      Part 4 -- Examination before special
           commissioner
      Division 1 -- Preliminary matters
12.   Scope of this Part                                   8
13.   Offences for which a person stands charged           8




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Criminal Investigation (Exceptional Powers) and Fortification Removal
Bill 2001



Contents


           Division 2 -- Proceedings before special
                  commissioner
   14.     Summoning witnesses to attend and produce things       8
   15.     Disclosure of summons may be prohibited                9
   16.     Witness to attend while required                      11
   17.     Power to examine on oath                              11
   18.     Affirmation instead of oath                           11
   19.     Legal representation                                  11
   20.     Examination of witnesses                              12
   21.     Examination to be private                             13
   22.     Conduct of proceedings                                13
   23.     Arrest of witness failing to appear                   13
   24.     Appeal against apprehension                           14
   25.     Power of special commissioner in relation to things
           produced                                              14
   26.     Records of investigation                              14
   27.     Witness protection arrangements                       15
   28.     Ancillary powers of special commissioner              15
           Division 3 -- Contraventions and offences
   29.     Proceedings for an offence                            15
   30.     Penalty for failing to attend or produce anything     16
   31.     Penalty for failing to be sworn or to give evidence   17
   32.     Offences of disclosure contrary to notation on
           summons                                               17
   33.     Breaching privacy of proceedings                      20
   34.     Giving false testimony                                20
   35.     Bribery of witness                                    20
   36.     Fraud on witness                                      21
   37.     Destroying evidence                                   21
   38.     Preventing witness from attending                     21
   39.     Injury to witness                                     21
   40.     Dismissal by employers of witness                     22
           Division 4 -- Other matters
   41.     Judicial supervision excluded                         22
   42.     Legal professional privilege                          22
   43.     Use of statements obtained                            24
   44.     Protection to special commissioner and others         25
   45.     Proceedings for defamation not to lie                 25



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Criminal Investigation (Exceptional Powers) and Fortification Removal
                                                              Bill 2001



                                                                Contents


 46.      Privilege, protection or immunity not limited or
          abridged                                                25
 47.      Facilitating proof of certain things                    25
          Part 5 -- Entry, search, and related
               matters
 48.      When this Part applies                                  27
 49.      Enhanced power to enter, search, and detain             27
 50.      Enhanced power to stop, detain, and search              28
 51.      Provisions about searching a person                     28
 52.      Extension of power to search                            30
 53.      Things that have been seized                            30
 54.      Offences under this Part                                30
 55.      Report on use of powers under this Part                 30
          Part 6 -- Surveillance devices
 56.      Enhanced powers concerning surveillance devices         32
          Part 7 -- Fortifications
 57.      Meaning of terms used in this Part                      33
 58.      Issuing fortification warning notice                    34
 59.      Contents of fortification warning notice                34
 60.      Giving fortification warning notice                     35
 61.      Withdrawal notice                                       36
 62.      Issuing fortification removal notice                    36
 63.      Contents of fortification removal notice                37
 64.      Giving fortification removal notice                     37
 65.      Enforcing fortification removal notice                  38
 66.      Review of fortification removal notice                  39
 67.      Hindering removal or modification of fortifications     40
 68.      Planning and other approval issues                      40
 69.      No compensation                                         41
 70.      Protection from liability for wrongdoing                41
 71.      Regulations                                             41
          Part 8 -- Other provisions
 72.      Freedom of Information Act 1992 amended                 43
 73.      Review of Act                                           43
 74.      Parliamentary Supervisory Committee                     43


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Criminal Investigation (Exceptional Powers) and Fortification Removal
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Contents


           Schedule 1 -- Offences that may be
               relevant for this Act                             45

           Defined Terms




page iv
                           Western Australia


                      LEGISLATIVE COUNCIL

              (As amended during consideration in detail)

              (Transmitted from the Legislative Assembly)


   Criminal Investigation (Exceptional Powers)
      and Fortification Removal Bill 2001


                               A Bill for


An Act to facilitate the investigation of criminal activity in certain
cases and to provide for the removal or modification of certain
fortifications and other security measures and to amend the Freedom
of Information Act 1992.



The Parliament of Western Australia enacts as follows:




                                                                page 1
     Criminal Investigation (Exceptional Powers) and Fortification Removal
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     Part 1          Preliminary

     s. 1


                            Part 1 -- Preliminary
     1.       Short title
              This Act may be cited as the Criminal Investigation
              (Exceptional Powers) and Fortification Removal Act 2001.

5    2.       Commencement
              This Act comes into operation on the day on which it receives
              the Royal Assent.

     3.       Meanings of terms used in this Act
              In this Act, unless the contrary intention appears --
10            "Commissioner of Police" means the person holding or acting
                  in the office of Commissioner of Police under the Police
                  Act 1892;
              "document" includes anything that is a document as defined in
                  section 79B of the Evidence Act 1906;
15            "organised crime" means activities of 2 or more persons
                  associated together solely or partly for purposes in the
                  pursuit of which 2 or more Schedule 1 offences are
                  committed, the commission of each of which involves
                  substantial planning and organisation;
20            "Schedule 1 offence" means an offence described in
                  Schedule 1;
              "section 4 offence" has the meaning given by section 4;
              "special commissioner" means a person acting under this Act
                  as a special commissioner;
25            "State Records Commission" means the commission
                  established under section 57 of the State Records Act 2000.




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                                                  Preliminary           Part 1

                                                                              s. 4


     4.         Section 4 offences
                A section 4 offence is -- a Schedule 1 offence committed in the
                course of organised crime.


5    5.         Act not applicable to juveniles
          (1)   None of the powers given by this Act can be exercised in
                respect of a juvenile.
          (2)   In this section --
                "juvenile" means a person who has not reached 18 years of age.

10   6.         Delegation by Commissioner of Police
          (1)   The Commissioner of Police may delegate any power or duty of
                the Commissioner of Police under another provision of this Act
                to a police officer whose rank is Assistant Commissioner or
                higher.
15        (2)   The delegation must be in writing signed by the Commissioner
                of Police.
          (3)   A police officer exercising or performing a power or duty that
                has been delegated to the police officer under this section is to
                be taken to do so in accordance with the terms of the delegation
20              unless the contrary is shown.
          (4)   Nothing in this section limits the ability of the Commissioner of
                Police to perform a function through an officer or a person
                representing the Commissioner of Police.




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     Part 2          Special commissioners

     s. 7


                      Part 2 -- Special commissioners
     7.         Appointment of special commissioner
          (1)   The Governor may appoint a person as a special commissioner
                for a period not exceeding 4 years specified in the appointment.
5         (2)   The person appointed must be a person who has held office as a
                Judge of the Supreme Court or the District Court or has held
                another equivalent judicial office prescribed by regulations.

     8.         Effect of appointment
          (1)   A person appointed as a special commissioner has the functions
10              given by this Act to a special commissioner.
          (2)   A person may resign as a special commissioner by notice in
                writing given to the Governor, but the resignation does not have
                effect until it is accepted by the Governor.




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                                        Special commissioners           Part 3

                                                                               s. 9


           Part 3 -- Basis for, and control of, use of powers
     9.         Finding as to grounds for exercising Part 4 or 5 powers
          (1)   On the application of the Commissioner of Police, a special
                commissioner may find whether or not the special
5               commissioner is satisfied that --
                  (a) there are reasonable grounds for suspecting that a
                       section 4 offence has been, or is being, committed;
                  (b) there are reasonable grounds for suspecting that there
                       might be evidence or other information relevant to the
10                     investigation of the offence that can be obtained under
                       Part 4 or 5; and
                  (c) there are reasonable grounds for believing that the use of
                       powers given by Part 4 or 5 would be in the public
                       interest having regard to --
15                        (i) whether or not the suspected offence could be
                               effectively investigated without using the
                               powers;
                         (ii) the extent to which the evidence or other
                               information that it is suspected might be obtained
20                             would assist in the investigation, and the
                               likelihood of obtaining it; and
                        (iii) the circumstances in which the information or
                               evidence that it is suspected might be obtained is
                               suspected to have come into the possession of
25                             any person from whom it might be obtained.
          (2)   If the special commissioner is satisfied that the grounds
                described in subsection (1) exist, the finding is to be reduced to
                writing and a copy of it is to be given to the Commissioner of
                Police.




                                                                            page 5
     Criminal Investigation (Exceptional Powers) and Fortification Removal
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     Part 3          Special commissioners

     s. 10


     10.         Special commissioner may limit exercise of powers
           (1)   A special commissioner finding under section 9 that the special
                 commissioner is satisfied that the grounds described in section
                 9(1) exist may give directions limiting the exercise of powers
5                under Part 4 or 5.
           (2)   A special commissioner may revoke or vary directions under
                 this section or give further directions limiting the exercise of
                 powers under Part 4 or 5.
           (3)   Limitations may be expressed however the special
10               commissioner considers appropriate and, without limiting other
                 ways in which they may be expressed, they may operate by
                 reference to --
                   (a) particular powers;
                   (b) particular circumstances;
15                 (c) particular persons;
                   (d) particular places;
                   (e) particular articles; or
                    (f) particular times or periods of time.
           (4)   A special commissioner giving, revoking, or varying a direction
20               under this section is to do so in writing a copy of which is to be
                 given to the Commissioner of Police.

     11.         Overseeing exercise of certain powers
           (1)   A special commissioner may require the Commissioner of
                 Police or any other person to give the special commissioner
25               details of any exercise of a power under Part 4 or 5, including
                 the identity of any person who has exercised the power.
           (2)   The Commissioner of Police or any other person to whom a
                 requirement under subsection (1) is made is to comply with the
                 requirement and is to cause any person under the control of the



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                                  Special commissioners           Part 3

                                                                   s. 11


       Commissioner of Police to provide the special commissioner
       with any details sought by the special commissioner.




                                                                 page 7
     Criminal Investigation (Exceptional Powers) and Fortification Removal
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     Part 4          Examination before special commissioner
     Division 1      Preliminary matters
     s. 12


       Part 4 -- Examination before special commissioner
                         Division 1 -- Preliminary matters
     12.         Scope of this Part
           (1)   This Part is to facilitate the investigation of a section 4 offence.
5          (2)   The investigation of an offence includes the investigation of a
                 suspicion that the offence has been, or is being, committed.
           (3)   The powers of a special commissioner under this Part cannot be
                 exercised unless the Commissioner of Police has satisfied a
                 special commissioner that the grounds described in section 9(1)
10               exist in respect of the section 4 offence concerned.
           (4)   A power under this Part cannot be exercised contrary to a
                 direction under section 10.

     13.         Offences for which a person stands charged
                 A person cannot be examined under this Part about matters that
15               may be relevant to an offence with which the person stands
                 charged, but this section does not prevent any other person from
                 being examined under this Part about those matters.

             Division 2 -- Proceedings before special commissioner
     14.         Summoning witnesses to attend and produce things
20         (1)   A special commissioner may, on the application of the
                 Commissioner of Police, issue a signed summons and cause it to
                 be served upon the person to whom it is addressed.
           (2)   Personal service of the summons is required.
           (3)   The summons may require the person to whom it is addressed to
25               attend before the special commissioner, at a time and place
                 named in the summons, and then and there to --
                   (a) give evidence;


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                                                                    Bill 2001
                        Examination before special commissioner         Part 4
                       Proceedings before special commissioner     Division 2
                                                                         s. 15


                  (b)   produce any document or other thing in the person's
                        custody or control that is described in the summons; or
                  (c)   do both of those things.

     15.         Disclosure of summons may be prohibited
5          (1)   A summons under section 14 may include in it a notation to the
                 effect that disclosure of information about the summons or
                 about any official matter connected with it, is prohibited except
                 in the circumstances, if any, specified in the notation.
           (2)   The notation cannot be included unless subsection (3) requires it
10               to be included or subsection (4) permits it to be included.
           (3)   The notation is required to be included if the person issuing the
                 summons is satisfied that failure to do so could reasonably be
                 expected to prejudice --
                   (a) the safety or reputation of a person;
15                 (b) the fair trial of a person who has been or may be charged
                        with an offence; or
                   (c) the effectiveness of an investigation.
           (4)   The notation may be included if the person issuing the summons
                 is satisfied that failure to do so --
20                  (a) might prejudice --
                             (i) the safety or reputation of a person;
                            (ii) the fair trial of a person who has been or may be
                                  charged with an offence; or
                           (iii) the effectiveness of an investigation;
25                        or
                   (b) might otherwise be contrary to the public interest.
           (5)   If the notation is included, it must be accompanied by a written
                 statement describing the effect of section 32.




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     Criminal Investigation (Exceptional Powers) and Fortification Removal
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     Part 4          Examination before special commissioner
     Division 2      Proceedings before special commissioner
     s. 15


        (6)    The notation ceases to have effect if, after the conclusion of the
               investigation concerned --
                 (a) no evidence of an offence has been obtained;
                 (b) although evidence of an offence or offences has been
5                      obtained, it has been decided not to initiate any criminal
                       proceedings in which the evidence would be relevant;
                 (c) evidence of an offence or offences committed by only
                       one person has been obtained and criminal proceedings
                       have been initiated against that person; or
10               (d) evidence of an offence or offences committed by 2 or
                       more persons has been obtained and --
                         (i) criminal proceedings have been initiated against
                              all those persons; or
                        (ii) criminal proceedings have been initiated against
15                            all those persons except any of them against
                              whom it has been decided not to initiate criminal
                              proceedings.
        (7)    If a notation ceases to have effect because of subsection (6), the
               Commissioner of Police must serve a written notice of that fact
20             on each person who was served with the summons containing
               the notation.
        (8)    If a notation is inconsistent with permission given under
               section 33, the notation has no effect to the extent of the
               inconsistency.
25      (9)    In this section --
               "official matter" means any of the following (whether past,
                    present or contingent) --
                    (a) the investigation for the purposes of which the
                           summons was issued;
30                  (b) a hearing before a special commissioner for the
                           purposes of the investigation; or
                    (c) court proceedings.


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      Criminal Investigation (Exceptional Powers) and Fortification Removal
                                                                    Bill 2001
                        Examination before special commissioner         Part 4
                       Proceedings before special commissioner     Division 2
                                                                         s. 16


     16.         Witness to attend while required
                 A person who has been served with a summons under section 14
                 is required, unless excused by a special commissioner, to attend
                 as specified by the summons and report to the special
5                commissioner from day to day until released from further
                 attendance by a special commissioner.

     17.         Power to examine on oath
                 A special commissioner may --
                  (a) require a witness who is to be examined to take an oath;
10                (b) administer an oath to a person appearing as a witness
                        before the special commissioner, whether the witness
                        has been summoned or appears without being
                        summoned.

     18.         Affirmation instead of oath
15         (1)   A witness who is to be examined before a special commissioner
                 may make an affirmation that --
                  (a) the witness conscientiously objects to taking an oath;
                        and
                  (b) the witness will, when answering questions, state the
20                      truth, the whole truth, and nothing but the truth.
           (2)   An affirmation made under subsection (1) is of the same force
                 and effect and entails the same liabilities as an oath.

     19.         Legal representation
           (1)   In making an application under section 14 or participating in
25               proceedings before a special commissioner, the Commissioner
                 of Police is to be represented by a legal practitioner within the
                 meaning of the Legal Practitioners Act 1893 instructed for that
                 purpose, who may be assisted by others not so qualified but who
                 are under the direct supervision of a legal practitioner.



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     Criminal Investigation (Exceptional Powers) and Fortification Removal
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     Part 4          Examination before special commissioner
     Division 2      Proceedings before special commissioner
     s. 20


           (2)   The person being examined is entitled to legal representation at
                 the examination.
           (3)   If the special commissioner considers that in the circumstances
                 it would not be in the public interest to postpone a person's
5                examination to enable the person's legal representative to be
                 present, a special commissioner may --
                    (a) despite subsection (2), allow the examination of the
                          person to proceed without the person having legal
                          representation; or
10                  (b) arrange for the person to be legally represented at the
                          examination.
           (4)   A person may decline to be legally represented as arranged
                 under subsection (3)(b) by the special commissioner, but the
                 special commissioner is not obliged to arrange any other legal
15               representation for the person.
           (5)   The special commissioner may refuse to allow a person to be
                 represented before the special commissioner by a person who is
                 already involved in the proceedings or is involved or suspected
                 to be involved in a matter being investigated.

20   20.         Examination of witnesses
           (1)   A person representing the Commissioner of Police may, so far
                 as the special commissioner thinks proper, examine,
                 cross-examine, or re-examine any witness on any matter that the
                 special commissioner considers relevant to the investigation.
25         (2)   A person representing any witness before a special
                 commissioner may, so far as the special commissioner thinks
                 proper, examine, cross-examine, or re-examine that witness.
           (3)   This section does not prevent the special commissioner from
                 allowing any other examination, cross-examination, or
30               re-examination of witnesses that the special commissioner
                 considers appropriate.


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      Criminal Investigation (Exceptional Powers) and Fortification Removal
                                                                    Bill 2001
                        Examination before special commissioner         Part 4
                       Proceedings before special commissioner     Division 2
                                                                         s. 21


     21.         Examination to be private
           (1)   An examination under this Part is not open to the public.
           (2)   The special commissioner may make an order as to who may be
                 present during the whole or any part of the examination.

5    22.         Conduct of proceedings
                 In proceedings before a special commissioner the rules of
                 evidence do not apply and, except as otherwise stated in this
                 Act, the special commissioner may determine how the
                 proceedings are to be conducted.

10   23.         Arrest of witness failing to appear
           (1)   If a person who has been served with a summons under
                 section 14 fails to attend as required by the summons and
                 section 16, the special commissioner may, on proof by a
                 statement verified by statutory declaration that the summons
15               was served, issue a warrant for the apprehension of that person
                 (in this section called "the defaulter").
           (2)   A warrant issued under subsection (1) authorises any person to
                 whom it is addressed or a member of the Police Force of the
                 State --
20                 (a) to apprehend the defaulter at any time and bring the
                        defaulter before the special commissioner; and
                   (b) for that purpose, to detain the defaulter in custody until
                        released by order of the special commissioner or, on
                        appeal, by order of the Full Court of the Supreme Court.
25         (3)   The person executing the warrant may break and enter any place,
                 building, or vessel for the purpose of executing the warrant.
           (4)   The apprehension of the defaulter under this section does not
                 prevent the defaulter from being dealt with under section 30 for
                 contempt.



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     Criminal Investigation (Exceptional Powers) and Fortification Removal
     Bill 2001
     Part 4          Examination before special commissioner
     Division 2      Proceedings before special commissioner
     s. 24


     24.         Appeal against apprehension
                 An appeal lies to the Full Court of the Supreme Court in respect
                 of an apprehension under section 23.

     25.         Power of special commissioner in relation to things
5                produced
           (1)   A special commissioner or a person authorised in writing by a
                 special commissioner may inspect any document or other thing
                 produced before the special commissioner, and may retain it for
                 a reasonable period and may make images of anything relevant
10               to the investigation or take extracts from any document.
           (2)   A special commissioner may make an order about what is to be
                 done with any document or other thing produced before the
                 special commissioner, and it may be dealt with in accordance
                 with that order.
15         (3)   A special commissioner may not order a document to be
                 destroyed except in accord with the State Records Act 2000.
     26.         Records of investigation
           (1)   A special commissioner is to cause records to be kept of the
                 investigation, including transcripts of all proceedings before the
20               special commissioner.
           (2)   A special commissioner may make any order considered to be
                 appropriate, in accordance with the State Records Act 2000, as
                 to --
                   (a) who can have a copy of any of the records and on what
25                      conditions;
                   (b) how the records are to be dealt with when the
                        investigation is complete.
           (3)   If, after the completion of an investigation, any question arises
                 as to how any records should be dealt with, the question is to be
30               referred to the State Records Commission which may order that
                 any record be dealt with as the State Records Commission

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      Criminal Investigation (Exceptional Powers) and Fortification Removal
                                                                    Bill 2001
                        Examination before special commissioner         Part 4
                                    Contraventions and offences    Division 3
                                                                         s. 27


                 considers appropriate in accordance with the State Records Act
                 2000.
           (4)   For the purpose of the State Records Act 2000 any records that
                 are transferred to the custody of the Director of State Records as
5                State archives, shall be treated by the Director as restricted
                 access archives unless the Attorney General requests otherwise.

     27.         Witness protection arrangements
                 If it appears to a special commissioner that, because a person --
                   (a) is to attend, is attending, or has attended, before a
10                        special commissioner to give evidence or to produce a
                          document or thing; or
                   (b) proposes to produce, or has produced, a document or
                          thing to a special commissioner,
                 the safety of any person may be prejudiced or any person may
15               be subjected to intimidation or harassment, the special
                 commissioner may make any arrangements (including
                 arrangements with the Minister or with members of the Police
                 Force of the State) to avoid prejudice to the safety of any
                 person, or to protect any person from intimidation or
20               harassment.

     28.         Ancillary powers of special commissioner
                 The powers of a special commissioner include the power to do
                 anything that is necessary or incidental to the performance of
                 the special commissioner's functions under this Part.

25                  Division 3 -- Contraventions and offences
     29.         Proceedings for an offence
                 Proceedings for offences against this Part may be instituted by
                 any person.



                                                                           page 15
     Criminal Investigation (Exceptional Powers) and Fortification Removal
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     Part 4          Examination before special commissioner
     Division 3      Contraventions and offences
     s. 30


     30.         Penalty for failing to attend or produce anything
           (1)   A person who has been served with a summons under section 14
                 and fails, without reasonable excuse, to --
                   (a) attend as required by the summons and section 16; or
5                  (b) produce any document or other thing as required by the
                         summons,
                 may be dealt with on the motion of the Attorney General as if in
                 contempt of the Supreme Court, and the Supreme Court has
                 jurisdiction accordingly.
10         (2)   In this section --
                 "reasonable excuse" means an excuse that would excuse a
                      similar failure by a witness, or a person summoned as a
                      witness, before the Supreme Court except that it does not
                      include --
15                    (a) as an excuse for failing to produce any document or
                             other thing, that --
                                (i) the production of the document or other thing
                                     might incriminate or tend to incriminate the
                                     person or render the person liable to a penalty;
20                                   or
                               (ii) the production of the document or other thing
                                     would be in breach of an obligation of the
                                     person not to disclose information, or not to
                                     disclose the existence or contents of a
25                                   document, whether the obligation arose under
                                     an enactment or otherwise;
                             or
                      (b) an excuse based on legal professional privilege that is
                             excluded by section 42.




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      Criminal Investigation (Exceptional Powers) and Fortification Removal
                                                                    Bill 2001
                        Examination before special commissioner         Part 4
                                    Contraventions and offences    Division 3
                                                                         s. 31


     31.         Penalty for failing to be sworn or to give evidence
           (1)   A person served with a summons under section 14 requiring the
                 person to attend and give evidence who --
                   (a) fails to be sworn or make an affirmation; or
5                  (b) fails to answer any question relevant to the investigation
                         that a special commissioner requires the person to
                         answer,
                 may be dealt with on the motion of the Attorney General as if in
                 contempt of the Supreme Court, and the Supreme Court has
10               jurisdiction accordingly.
           (2)   A person required by a special commissioner to answer a
                 question relevant to the investigation is not excused from the
                 requirement to answer the question on the ground that the
                 answer might incriminate or tend to incriminate the person or
15               render the person liable to a penalty.

     32.         Offences of disclosure contrary to notation on summons
           (1)   A person who is served with a summons containing a notation
                 made under section 15 must not disclose --
                   (a) the existence of the summons or any information about
20                      it; or
                  (b) the existence of any official matter connected with the
                        summons or any information about that official matter.
                 Penalty: Imprisonment for 3 years and a fine of $60 000.
           (2)   Subsection (1) does not prevent the person from making a
25               disclosure --
                   (a) in accordance with the circumstances, if any, specified
                         in the notation;
                   (b) to a legal practitioner for the purpose of obtaining legal
                         advice or representation relating to the summons or
30                       matter;


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     Criminal Investigation (Exceptional Powers) and Fortification Removal
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     Part 4          Examination before special commissioner
     Division 3      Contraventions and offences
     s. 32


                (c)   to a person to whom the disclosure is made for the
                      purpose of obtaining legal aid relating to the summons
                      or matter;
                (d)   if the person is a body corporate -- to an officer or agent
5                     of the body corporate for the purpose of ensuring
                      compliance with the summons; or
                (e)   if the person is a legal practitioner, for the purpose of
                      complying with a legal duty of disclosure arising from
                      his or her professional relationship with a client.
10      (3)    If a disclosure is made to a person as permitted by
               subsection (2) or (4) --
                 (a) while the person is a person of a kind to whom one of
                        those subsections permits a disclosure to be made, the
                        person must not disclose the existence of, or any
15                      information about, the summons, or any official matter
                        connected with it, except as permitted by subsection (4);
                        and
                 (b) if the person is no longer a person of a kind to whom
                        one of those subsections permits a disclosure to be
20                      made, the person must not, in any circumstances, make a
                        record of, or disclose the existence of, or any
                        information about, the summons or matter.
               Penalty: Imprisonment for 3 years and a fine of $60 000.
        (4)    A person to whom information has been disclosed, as permitted
25             by subsection (2) or this subsection, may disclose that
               information --
                 (a) if the person is an officer or agent of a body corporate
                      referred to in subsection (2)(d) --
                        (i) to another officer or agent of the body corporate
30                            for the purpose of ensuring compliance with the
                              summons;




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                                   Contraventions and offences    Division 3
                                                                        s. 32


                     (ii)   to a legal practitioner for the purpose of
                            obtaining legal advice or representation relating
                            to the summons or matter; or
                     (iii) to a person to whom the disclosure is made for
5                           the purpose of obtaining legal aid relating to the
                            summons or matter;
              (b)   if the person is a legal practitioner, for the purpose of
                    giving legal advice, making representations, or obtaining
                    legal aid, relating to the summons or matter; or
10            (c)   if the disclosure is made to the person for the purpose of
                    obtaining legal aid relating to the summons or matter,
                    for the purpose of obtaining that legal advice or
                    representation.
      (5)   This section ceases to apply if --
15           (a) under section 15(6) the notation ceases to have effect; or
             (b) a period of 5 years elapses after the issue of the summons.
      (6)   A reference in this section to disclosing the existence of
            something includes disclosing information from which a person
            could reasonably be expected to infer its existence.
20    (7)   In this section --
            "official matter" means any of the following (whether past,
                 present or contingent) --
                 (a) the investigation for the purposes of which the
                        summons was issued;
25               (b) a hearing before a special commissioner for the
                        purposes of the investigation; or
                 (c) court proceedings.




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     s. 33


     33.       Breaching privacy of proceedings
               A person who, without the permission of a special
               commissioner, publishes --
                 (a) all or any of the transcript of proceedings before a
5                     special commissioner;
                 (b) any information obtained in the course of the
                      proceedings; or
                 (c) a report of the whole or any part of proceedings before a
                      special commissioner,
10             commits an offence.
               Penalty: Imprisonment for 3 years and a fine of $60 000.

     34.       Giving false testimony
               A witness before a special commissioner who knowingly gives
               false testimony touching any matter, material in the
15             investigation, is guilty of a crime.
               Penalty: Imprisonment for 5 years.

     35.       Bribery of witness
               A person who --
                (a) gives, confers, or procures, or promises or offers to give or
20                    confer, or to procure or attempt to procure, any property or
                      benefit of any kind to, upon, or for, any person, upon any
                      agreement or understanding that any person called or to be
                      called as a witness before a special commissioner will give
                      false testimony or withhold true testimony;
25              (b) attempts by any means to induce a person called or to be
                      called as a witness before a special commissioner to
                      give false testimony, or to withhold true testimony; or
                (c) asks, receives or obtains, or agrees or attempts to receive
                      or obtain, any property or benefit of any kind for that or
30                    any other person, upon any agreement or understanding



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                                    Contraventions and offences    Division 3
                                                                         s. 36


                     that a witness before a special commissioner will give
                     false testimony or withhold true testimony,
             is guilty of a crime.
             Penalty: Imprisonment for 5 years.

5    36.     Fraud on witness
             A person who practises any fraud or deceit on, or knowingly
             makes or exhibits any false statement, representation, token, or
             writing to, a person called or to be called as a witness before a
             special commissioner with intent to affect the testimony of that
10           person as a witness, is guilty of a crime.
             Penalty: Imprisonment for 3 years.

     37.     Destroying evidence
             A person who, knowing that a document or other thing is or
             may be required in evidence before a special commissioner,
15           wilfully destroys it or renders it illegible or undecipherable or
             incapable of identification, with the intention of preventing it
             from being effectively used in evidence, is guilty of a crime.
             Penalty: Imprisonment for 3 years.

     38.     Preventing witness from attending
20           A person who wilfully prevents, or wilfully endeavours to
             prevent, a person who has been summoned to attend as a
             witness before a special commissioner from attending as a
             witness, or from producing anything in evidence, as required by
             the summons is guilty of a crime.
25           Penalty: Imprisonment for 5 years and a fine of $100 000.

     39.     Injury to witness
             A person who uses, causes, inflicts, or procures, any violence,
             punishment, damage, loss, or disadvantage to any other person
             for or on account of the other person having appeared as a
30           witness before a special commissioner, or for or on account of

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     Part 4          Examination before special commissioner
     Division 4      Other matters
     s. 40


                 any evidence given by the other person before a special
                 commissioner, is guilty of a crime.
                 Penalty: Imprisonment for 5 years and a fine of $100 000.

     40.         Dismissal by employers of witness
5          (1)   An employer who dismisses an employee from employment, or
                 prejudices an employee in employment, for or on account of the
                 employee having appeared as a witness before a special
                 commissioner, or for or on account of the employee having given
                 evidence before a special commissioner, is guilty of a crime.
10               Penalty: Imprisonment for 5 years and a fine of $100 000.
           (2)   In a proceeding for an offence against subsection (1) it lies upon
                 the employer to prove that the employee shown to have been
                 dismissed or prejudiced was dismissed or prejudiced for a
                 reason other than a reason mentioned in that subsection.
15                           Division 4 -- Other matters
     41.         Judicial supervision excluded
           (1)   A prerogative writ cannot be issued and an injunction or a
                 declaratory judgment cannot be given in respect of the
                 performance of a function under this Part and proceedings
20               cannot be brought seeking such a writ, injunction, or judgment.
           (2)   Subsection (1) does not apply after the completion of the
                 investigation that it was being sought to facilitate by performing
                 the function.

     42.         Legal professional privilege
25         (1)   Legal professional privilege does not prevent a summons under
                 section 14 from requiring a person to produce a document that
                 would otherwise be subject to that privilege.
           (2)   Unless it is claimed and allowed in accordance with this section
                 legal professional privilege does not provide a reasonable


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                       Examination before special commissioner         Part 4
                                                  Other matters   Division 4
                                                                        s. 42


            excuse for failure to produce a document as required by a
            summons under section 14.
      (3)   A person who wishes to claim that a document is subject to
            legal professional privilege (which claim is permitted by
5           subsection (4)) shall --
              (a) attend and produce that document in accordance with
                    the summons, sealed up and identified as subject to a
                    claim of legal professional privilege; and
              (b) at the same time provide to the special commissioner a
10                  statement detailing the name and address of the person
                    entitled to waive the privilege with regard to each
                    document.
      (4)   A claim of legal professional privilege may only be made in
            relation to the following --
15            (a) proofs of evidence taken from clients and possible
                    witnesses;
              (b) notes of instruction taken from clients or possible
                    witnesses with regard to events that have already
                    occurred;
20            (c) documents created for the purposes of preparing --
                       (i) a defence to any existing or possible charges; or
                      (ii) for an appearance or reasonably anticipated
                             appearance before a special commissioner,
                    arising out of events which have already occurred such
25                  as but not limited to--
                     (iii) notes, letters and opinions which set out legal
                             advice to a client;
                     (iv) internal memoranda or letters;
                      (v) a solicitor's letter to a private investigator; or
30                   (vi) a solicitor's letter to potential expert witnesses;
              (d) correspondence between a solicitor and prosecuting
                    authorities or police written in order to negotiate the

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     Part 4          Examination before special commissioner
     Division 4      Other matters
     s. 43


                        possibility of a client giving a statement or testimony;
                        and
                  (e)   correspondence between a solicitor and prosecuting
                        authorities or police written in order to negotiate a plea
5                       of guilty.
           (5)   Legal professional privilege is not to attach to any document by
                 reason of this section unless that privilege would attach by law.
           (6)   The special commissioner shall determine with respect to each
                 document for which a claim of legal professional privilege has
10               been made whether that claim is valid.
           (7)   The special commissioner shall return any document, which the
                 special commissioner has determined is subject to a valid claim
                 of legal professional privilege, to the person who produced it
                 without allowing the Commissioner of Police access.
15         (8)   Until such time as a special commissioner has determined that a
                 document is not subject to a valid claim of legal professional
                 privilege a person other than the special commissioner may not
                 unseal the document or have access to it.
                 Penalty: Imprisonment for 3 years and a fine of $60 000.
20         (9)   In this section "document" includes any other thing.

     43.         Use of statements obtained
           (1)   A statement made by a witness in answer to a question that a
                 special commissioner requires the witness to answer is not
                 admissible in evidence against the person making the statement
25               in --
                   (a) any criminal proceedings; or
                   (b) proceedings for the imposition of a penalty other than
                         contempt proceedings or proceedings for an offence
                         against this Part.




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                                                   Other matters   Division 4
                                                                         s. 44


           (2)   Despite subsection (1), the witness may, in any proceedings
                 referred to in that subsection, be asked about the statement
                 under the Evidence Act 1906 section 21.

     44.         Protection to special commissioner and others
5          (1)   A special commissioner has, in performing functions as special
                 commissioner, the same protection and immunity as a Supreme
                 Court Judge performing functions as a Judge.
           (2)   Except as otherwise stated in this Part, a witness summoned to
                 attend or appearing before a special commissioner has the same
10               protection, and is, in addition to the penalties provided by this
                 Part, subject to the same liabilities in any civil or criminal
                 proceeding, as a witness in any case tried in the Supreme Court.
           (3)   A person representing a person before a special commissioner
                 has the same protection and immunity as a barrister has in
15               appearing for a party in proceedings in the Supreme Court and,
                 if the person is a barrister or solicitor, is subject to the same
                 liabilities as if appearing before that court.

     45.         Proceedings for defamation not to lie
                 No action or proceeding, civil or criminal, lies against the State,
20               against a Minister, or against a person employed or engaged by
                 the State, in respect of the printing or publishing of a transcript
                 of proceedings of a special commissioner.

     46.         Privilege, protection or immunity not limited or abridged
                 Sections 44 and 45 do not limit or abridge any privilege,
25               protection, or immunity existing apart from those sections.

     47.         Facilitating proof of certain things
           (1)   In all legal proceedings the production of --
                   (a) a document purporting to be signed by the Governor and
                          to be sealed with the Public Seal of the State and


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     Part 4          Examination before special commissioner
     Division 4      Other matters
     s. 47


                      purporting to appoint a person or persons to be a special
                      commissioner; or
                (b)   a document purporting to be a copy of a document
                      described in paragraph (a) and certified in writing to be
5                     a true copy of it by a person purporting to be a person
                      named in the document as a special commissioner,
               is evidence that the Governor has appointed any person
               described in that document as a special commissioner.
        (2)    A transcript of the proceedings before a special commissioner
10             that has been certified by the special commissioner to be a
               correct transcript is sufficient evidence of the proceedings and
               any statement or disclosure made in those proceedings.
        (3)    In contempt proceedings under section 30(1) or 31(1), a
               certificate of a special commissioner stating any fact relevant to
15             those proceedings is sufficient evidence of the fact stated.




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                               Entry, search, and related matters       Part 5

                                                                               s. 48


                 Part 5 -- Entry, search, and related matters
     48.          When this Part applies
                  This Part applies if the Commissioner of Police has satisfied a
                  special commissioner that the grounds described in section 9(1)
5                 exist in respect of the section 4 offence concerned but a power
                  under this Part cannot be exercised contrary to a direction under
                  section 10.

     49.          Enhanced power to enter, search, and detain
           (1)    A police officer may, for the purposes of investigating a
10                section 4 offence, without a warrant --
                    (a) at any time enter any place where there are reasonable
                          grounds for suspecting that the offence has been, or is
                          being, committed; and
                    (b) demand the production of, and inspect, any articles or
15                        records kept there.
           (2)    A police officer who has entered a place under subsection (1)
                  may --
                   (a) search the place and secure the place for the purposes of
                         searching it;
20                 (b) stop, detain, and search anyone at the place;
                   (c) photograph any person or thing, and make a copy of or
                         seize any document that the police officer suspects on
                         reasonable grounds will provide evidence or other
                         information relevant to the investigation of the offence;
25                       and
                   (d) seize anything else that the police officer suspects on
                         reasonable grounds will provide evidence or other
                         information relevant to the investigation of the offence.
           (3)    A police officer may use any force that is reasonably necessary
30                in exercising powers given by subsections (1) and (2).


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     Part 5          Entry, search, and related matters

     s. 50


     50.         Enhanced power to stop, detain, and search
           (1)   This section does not apply unless there are reasonable grounds
                 to suspect that a person is in possession of --
                   (a) anything used, or intended to be used, in connection
5                        with the commission of a section 4 offence; or
                   (b) anything else that may provide evidence of, or other
                         information about, the offence.
           (2)   A police officer may without a warrant stop, detain, and search
                 the person and any conveyance where the police officer
10               reasonably suspects the person to be.
           (3)   The power to stop and detain a conveyance includes the power
                 to detain anyone in or on the conveyance for as long as is
                 reasonably necessary to search the conveyance even though,
                 until the conveyance has been searched, the person may not be
15               suspected of anything because of which the person can be
                 detained under subsection (2).
           (4)   A police officer may without a warrant seize anything described
                 in subsection (1).
           (5)   A police officer may use any force that is reasonably necessary,
20               and may call on any assistance necessary, in order to perform a
                 function under this section.
           (6)   In this section --
                 "conveyance" means anything used or capable of being used to
                      transport people or goods by air, land, or water, and it does
25                    not matter how it is propelled or that it may ordinarily be
                      stationary.

     51.         Provisions about searching a person
           (1)   A police officer cannot carry out a search of a person under this
                 Part unless of the same sex as the person searched.



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                                                                          s. 51


      (2)   If a police officer of the same sex as the person to be searched is
            not immediately available to carry out the search, another police
            officer may --
              (a) cause the search to be carried out, under the direction of
5                    a police officer, by another person of the same sex as the
                     person to be searched;
              (b) detain the person for as long as is reasonably necessary
                     for the person to be searched in accordance with this
                     section; or
10            (c) convey or conduct the person to a place where the
                     person can be searched in accordance with this section.
      (3)   Nothing in this Part authorises a search by way of an
            examination of the body cavities of a person unless it is carried
            out under subsection (5) by a medical practitioner or a
15          registered nurse.
      (4)   A police officer may arrange for a medical practitioner or
            registered nurse nominated by the police officer to examine the
            body cavities of the person to be searched and may --
              (a) detain the person until the arrival of that medical
20                  practitioner or registered nurse; or
              (b) convey or conduct the person to that medical
                    practitioner or registered nurse.
      (5)   A medical practitioner or registered nurse may carry out an
            examination arranged by a police officer under subsection (4)
25          and no action lies against the medical practitioner or registered
            nurse in respect of anything reasonably done for the purposes of
            the examination.
      (6)   A police officer may use any force that is reasonably necessary,
            and may be accompanied by any assistance necessary, in order
30          to perform a function under this section.




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     Part 5          Entry, search, and related matters

     s. 52


           (7)   In this section --
                 "medical practitioner" means an individual who is registered
                      as a medical practitioner under the Medical Act 1894;
                 "registered nurse" means a person registered under Part 3 of
5                     the Nurses Act 1992.

     52.         Extension of power to search
                 The power given by this Part to search for any thing includes
                 the power to break open anything that it is suspected might
                 contain it.

10   53.         Things that have been seized
                 The Criminal Code section 714 applies to anything seized under
                 this Part as if it had been seized under The Criminal Code.

     54.         Offences under this Part
                 A person who wilfully --
15                (a) delays, obstructs, or otherwise hinders --
                           (i) the performance by a police officer or other
                               person of a function under this Part; or
                          (ii) the rendering of assistance under this Part in the
                               performance of a function;
20                      or
                  (b) does not produce anything as demanded under
                        section 49(1)(b),
                 commits an offence.
                 Penalty: Imprisonment for 2 years and a fine of $40 000.

25   55.         Report on use of powers under this Part
           (1)   A police officer who exercises powers under this Part is
                 required to submit to the Commissioner of Police a report in



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                              Entry, search, and related matters       Part 5

                                                                        s. 55


            writing of each occasion on which any of those powers were
            exercised, giving details of --
              (a) what was done in the exercise of those powers;
              (b) the time and place at which the powers were exercised;
5                   and
              (c) any person or property affected by the exercise of the
                    powers.
      (2)   The report is to be submitted within 3 days after the powers are
            exercised.
10    (3)   The obligation of a police officer to submit a report under this
            section about a particular exercise of power within a particular
            time is sufficiently complied with if the police officer ensures
            that a report by another police officer who was present when the
            powers were exercised is made within that time dealing with all
15          of the details about which a report is required.




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     Part 6          Surveillance devices

     s. 56


                         Part 6 -- Surveillance devices
     56.         Enhanced powers concerning surveillance devices
           (1)   This Part has effect if a police officer applies under the
                 Surveillance Devices Act 1998 section 15 or 16 for a warrant
5                and the offence concerned is a section 4 offence.
           (2)   The effects of this Part are that --
                  (a) instead of the court having to be satisfied that there are
                        reasonable grounds for believing anything described in
                        the Surveillance Devices Act 1998 section 13(1)(a) or
10                      17(1)(a), it is sufficient that the court be satisfied that
                        there are reasonable grounds for suspecting it;
                  (b) the court to which the application is made is to regard
                        the fact that the offence concerned is a section 4 offence
                        as justifying investigative powers in addition to those
15                      that it might otherwise regard as being in the public
                        interest; and
                  (c) anything that the warrant may authorise to be done if
                        there is a reasonable belief as to any matter may be
                        authorised by the warrant to be done also if there is a
20                      reasonable suspicion as to the matter.




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                                                 Fortifications         Part 7

                                                                                 s. 57


                             Part 7 -- Fortifications
     57.         Meaning of terms used in this Part
           (1)   In this Part --
                 "fortification" means any structure or device that, whether
5                    alone or as part of a system, is designed to prevent or
                     impede, or to provide any other form of countermeasure
                     against, uninvited entry to premises;
                 "heavily fortified" has the meaning given by subsection (2);
                 "interested person" means a person who --
10                    (a) is a lessee of the premises, whether or not actually
                            occupying the premises; or
                      (b) is actually occupying, or is entitled to the possession
                            of, the premises;
                 "owner" means --
15                    (a) if the premises are on land that is subject to the
                            Transfer of Land Act 1893 or the Land
                            Administration Act 1997, a proprietor of the land
                            within the meaning of the Transfer of Land Act 1893;
                      (b) if the premises are on land that is subject to the
20                          Registration of Deeds Act 1856, the holder of an
                            estate or interest in the land that is registered by
                            memorial under that Act;
                 "submission" means a submission made by an owner or
                     interested person to the Commissioner of Police that a
25                   fortification removal notice should not be issued;
                 "the submission period" has the meaning given by
                     section 59(2)(b).
           (2)   Premises are heavily fortified if there are, at the premises,
                 fortifications to an extent or of a nature that it would be
30               reasonable to regard as excessive for premises of that kind.



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     Criminal Investigation (Exceptional Powers) and Fortification Removal
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     Part 7          Fortifications

     s. 58


     58.         Issuing fortification warning notice
           (1)   The Commissioner of Police may, without giving notice to any
                 other person, apply to a special commissioner for the issue of a
                 fortification warning notice.
5          (2)   The special commissioner may issue a fortification warning
                 notice if satisfied on the balance of probabilities that there are
                 reasonable grounds for suspecting that the premises to which it
                 relates are --
                   (a) heavily fortified; and
10                 (b) habitually used as a place of resort by members of a
                         class of people a significant number of whom may
                         reasonably be suspected to be involved in organised
                         crime.
           (3)   The special commissioner may be satisfied by a statement made
15               by the applicant and verified by statutory declaration.

     59.         Contents of fortification warning notice
           (1)   A fortification warning notice is addressed to --
                  (a) the owner of the premises to which it relates, or each
                         owner if there are 2 or more, by name; and
20                (b) any other interested persons, without naming them but
                         with an explanation of the term "interested person".
           (2)   The notice must contain --
                  (a) a brief summary of section 58(2), including an
                        explanation of the terms "fortification" and "heavily
25                      fortified", and a statement that a special commissioner is
                        satisfied as to the matters mentioned in that provision;
                  (b) a warning that unless, within the period of 14 days after
                        the day on which a copy of the notice is given as
                        described in section 60(1) ("the submission period"),
30                      the Commissioner of Police is satisfied that --
                           (i)   the premises are not heavily fortified; or

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                                                 Fortifications         Part 7

                                                                               s. 60


                          (ii)    the premises are not habitually used as a place of
                                  resort by members of a class of people a
                                  significant number of whom may reasonably be
                                  suspected to be involved in organised crime,
5                        a fortification removal notice may be issued; and
                   (c)   an explanation of how a person who is an owner or
                         interested person can make a submission to the
                         Commissioner of Police that a fortification removal
                         notice should not be issued.

10   60.         Giving fortification warning notice
           (1)   A copy of the fortification warning notice may be given --
                  (a) by giving it to any person --
                           (i) who is an owner; or
                          (ii) who is actually occupying the premises and
15                              appears to have reached 18 years of age,
                        in any way described in the Interpretation Act 1984
                        section 76, registered post being used if it is given by
                        post; or
                  (b) if it appears that any reasonable attempt to give it as
20                      described in paragraph (a) is unlikely to be successful,
                        by affixing it to the front entrance or another part of the
                        premises where it can be easily seen.
           (2)   Giving a copy of a notice as described in subsection (1)(b) is to
                 be regarded as giving it to each person who is actually
25               occupying the premises and appears to have reached 18 years of
                 age.
           (3)   Although it is sufficient for the notice to be given as described
                 in subsection (1), the Commissioner of Police is required to
                 make every reasonable attempt to give, as soon as practicable, a
30               copy of the notice to every person who has not already been
                 given a copy of it and who is an owner or interested person,
                 indicating on that copy when the submission period ends.


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     Part 7          Fortifications

     s. 61


           (4)   If the notice is not given as described in subsection (1) within
                 14 days after the special commissioner issues it, the notice
                 lapses and cannot be given at all.

     61.         Withdrawal notice
5          (1)   If, before the end of the time within which a fortification
                 removal notice can be issued, the Commissioner of Police
                 decides not to issue a fortification removal notice, the
                 Commissioner of Police is required to give a withdrawal notice
                 to each person who was given a fortification warning notice.
10         (2)   The withdrawal notice must identify the premises, refer to the
                 fortification warning notice, and state that the Commissioner of
                 Police has decided not to issue a fortification removal notice.
           (3)   The withdrawal notice may be given in any way in which
                 section 60 would enable a fortification warning notice to be
15               given.

     62.         Issuing fortification removal notice
           (1)   If a fortification warning notice has been given as described in
                 section 60(1) and the submission period has elapsed, the
                 Commissioner of Police may issue a fortification removal notice
20               relating to the premises concerned.
           (2)   The Commissioner of Police cannot issue the fortification
                 removal notice unless, after considering each submission, if any,
                 made before the submission period elapsed, the Commissioner
                 of Police reasonably believes that the premises are --
25                 (a) heavily fortified; and
                   (b) habitually used as a place of resort by members of a
                         class of people a significant number of whom may
                         reasonably be suspected to be involved in organised
                         crime.




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                                                                               s. 63


           (3)   A fortification removal notice cannot be issued if --
                  (a) a period of more than 28 days has elapsed since the end
                         of the submission period; or
                  (b) the Commissioner of Police has given any person a
5                        withdrawal notice referring to the fortification warning
                         notice concerned.

     63.         Contents of fortification removal notice
           (1)   A fortification removal notice is addressed to each person to
                 whom the fortification warning notice was addressed, and in the
10               same way.
           (2)   The notice must contain --
                  (a) a statement to the effect that, within 7 days after the day
                        on which the notice is given to the owner of the
                        premises or any further time allowed by the
15                      Commissioner of Police, the fortifications at the
                        premises must be removed or modified to the extent
                        necessary to satisfy the Commissioner of Police that the
                        premises are no longer heavily fortified;
                  (b) a warning as to the effect of section 65; and
20                (c) an explanation of the right to apply to the Supreme
                        Court for a review under section 66.
           (3)   The notice may, but is not required to, include details as to what
                 would need to be done before the Commissioner of Police
                 would be satisfied that the premises are no longer heavily
25               fortified.

     64.         Giving fortification removal notice
           (1)   The fortification removal notice is required to be given to the
                 owner of the premises and, if it is given by post, registered post
                 is to be used.




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     Part 7          Fortifications

     s. 65


           (2)   Although it is sufficient for the notice to be given to the owner,
                 the Commissioner of Police is required to make every
                 reasonable attempt to give a copy of the notice, as soon as
                 practicable, to every interested person.
5          (3)   A copy of the notice may be given under subsection (2) in any
                 way in which section 60 would enable a fortification warning
                 notice to be given.

     65.         Enforcing fortification removal notice
           (1)   If the fortifications at the premises are not, within the time
10               specified in the fortification removal notice or any further time
                 allowed by the Commissioner of Police, removed or modified to
                 the extent necessary to satisfy the Commissioner of Police that
                 the premises are no longer heavily fortified, the Commissioner
                 of Police may cause the fortifications to be removed or modified
15               to the extent required by the fortification removal notice.
           (2)   The Commissioner of Police may extend the time allowed by
                 the notice if, before the time allowed elapses, application is
                 made to the Commissioner of Police for it to be extended.
           (3)   Subsection (1) authorises police officers and agents of the
20               Commissioner of Police, without warrant or further notice, to
                 enter the premises and secure them in order to do anything for
                 the purposes of that subsection, and to use any force and employ
                 any equipment necessary.
           (4)   The Commissioner of Police may seize anything that can be
25               salvaged in the course of removing or modifying fortifications
                 under this section, and may sell or dispose of it as the
                 Commissioner of Police considers appropriate.
           (5)   The proceeds of any sale under subsection (4) are forfeited to
                 the State and, to the extent that they are insufficient to meet the
30               costs incurred by the Commissioner of Police under this section,
                 the Commissioner of Police may recover those costs as a debt
                 due from the owner of the premises.


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      Criminal Investigation (Exceptional Powers) and Fortification Removal
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                                                 Fortifications         Part 7

                                                                               s. 66


     66.         Review of fortification removal notice
           (1)   If a fortification removal notice relating to premises has been
                 issued, the owner or an interested person may, within 7 days
                 after the day on which the notice is given to the owner of the
5                premises, apply to the Supreme Court for a review of whether,
                 having regard to the submissions, if any, made before the
                 submission period elapsed and any other information that the
                 Commissioner of Police took into consideration, the
                 Commissioner of Police could have reasonably had the belief
10               required by section 62(2) when issuing the notice.
           (2)   The Commissioner of Police may identify any information
                 provided to the court for the purposes of the review as
                 confidential if its disclosure might prejudice the operations of
                 the Commissioner of Police, and the information is not to be
15               disclosed to any other person, whether or not a party to the
                 proceedings.
                 Penalty: Imprisonment for 3 years and a fine of $60 000.
           (3)   An application for review under this section cannot be made if
                 an application has previously been made by any person for the
20               review of the same matter.
           (4)   When the application for review is made, the period within
                 which fortifications can be removed or modified in accordance
                 with the fortification removal notice is extended to the seventh
                 day after the day on which the application for review is finally
25               disposed of by the court.
           (5)   The court may decide whether or not the Commissioner of
                 Police could have reasonably had the belief required by
                 section 62(2) when issuing the notice.
           (6)   If the court decides that the Commissioner of Police could not
30               have reasonably had the belief required by section 62(2) when
                 issuing the notice, the notice ceases to have effect.



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     Part 7          Fortifications

     s. 67


           (7)   The decision of the court on an application for review under this
                 section is final but does not prevent the Commissioner of Police
                 from issuing a further notice under this Part relating to the same
                 premises.

5    67.         Hindering removal or modification of fortifications
           (1)   A person who does anything intending to prevent, obstruct, or
                 delay, the removal or modification of fortifications in
                 accordance with a fortification removal notice commits a crime.
                 Penalty: Imprisonment for 5 years and a fine of $100 000.
10         (2)   Subsection (1) applies to the removal or modification of
                 fortifications by a person who --
                   (a) is, or is acting for or on the instructions of, the owner or
                          an interested person; or
                   (b) is acting under section 65(3).

15   68.         Planning and other approval issues
           (1)   The powers given by this Part may be exercised without regard
                 to whether any statutory or other approval had been given for
                 the fortifications.
           (2)   No statutory or other approval is required for the removal or
20               modification of fortifications in accordance with a fortification
                 removal notice.
           (3)   Subsection (2) applies to the removal or modification of
                 fortifications by a person who --
                   (a) is, or is acting for or on the instructions of, the owner or
25                        an interested person; or
                   (b) is acting under section 65(3).




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      Criminal Investigation (Exceptional Powers) and Fortification Removal
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                                                 Fortifications         Part 7

                                                                                s. 69


     69.         No compensation
           (1)   No claim for compensation lies against a person for having
                 approved any fortifications that are, or are required to be,
                 removed or modified because of a notice under this Part.
5          (2)   No other claim for compensation arises because of the exercise
                 of powers under this Part.

     70.         Protection from liability for wrongdoing
           (1)   An action in tort does not lie against a person for damage to
                 property at the premises that the person causes, in good faith, in
10               the performance or purported performance of a function under
                 this Part.
           (2)   The Crown is also relieved of any liability that it might
                 otherwise have had for a person having caused damage as
                 described in subsection (1).
15         (3)   The protection given by this section applies even though the
                 damage was caused in the course of doing something that would
                 have been capable of being done whether or not this Part had
                 been enacted.

     71.         Regulations
20         (1)   The Governor may make regulations prescribing all matters that
                 are required or permitted by this Act to be prescribed, or are
                 necessary or convenient to be prescribed for giving effect to the
                 purposes of this Act.
           (2)   Without limiting subsection (1), regulations may be made
25               affecting how a special commissioner may decide for the
                 purposes of section 19 that it would not be in the public interest
                 to postpone a person's examination to enable the person's legal
                 representative to be present.
           (3)   Regulations under this Act are made on the recommendation of
30               the Attorney General whether or not the Attorney General is the


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Criminal Investigation (Exceptional Powers) and Fortification Removal
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Part 7          Fortifications

s. 71


          Minister to whom responsibility for the administration of this
          Act has been allocated by the Governor.




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      Criminal Investigation (Exceptional Powers) and Fortification Removal
                                                                    Bill 2001
                                             Other provisions           Part 8

                                                                                 s. 72


                           Part 8 -- Other provisions
     72.         Freedom of Information Act 1992 amended
                 The Freedom of Information Act 1992 Schedule 2 is amended
                 by inserting after the item relating to a Royal Commission the
5                following item --
                 "
                       A special commissioner under the Criminal Investigation
                            (Exceptional Powers) and Fortification Removal
                            Act 2002.
10                                                                                 ".

     73.         Review of Act
           (1)   The Minister is to carry out a review of the operation and
                 effectiveness of this Act as soon as is practicable after the
                 expiration of 3 years after its commencement.
15         (2)   The Minister is to prepare a report based on the review made
                 under subsection (1) and cause the report to be laid before each
                 House of Parliament within 4 years after the commencement of
                 this Act.

     74.         Parliamentary Supervisory Committee
20         (1)   Despite anything contained in this Act a special commissioner
                 may report to a Standing Committee on any matter which has
                 come before the special commissioner and shall where the
                 special commissioner forms the view that to do so would assist
                 the Standing Committee in understanding the operation of this
25               Act.
           (2)   Nothing in this section requires a special commissioner to
                 provide detailed operational information in a report under
                 subsection (1).
           (3)   A report made by a special commissioner to a Standing
30               Committee is not to be disclosed or published, in whole or in


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     Criminal Investigation (Exceptional Powers) and Fortification Removal
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     Part 8          Other provisions

     s. 74


               part, without prior order of the Standing Committee in
               accordance with the rules and orders of the House that govern
               its proceedings.
        (4)    If either House orders, the public disclosure of facts disclosed in
5              a report is permitted whether by publication in any medium or
               otherwise.
        (5)    In this section, the word "Standing Committee" means a
               Standing Committee of either House or a Joint Standing
               Committee of both Houses of Parliament appointed to monitor
10             or review the performance of the functions of special
               commissioners and may be a committee appointed for a similar
               purpose under the Anti-Corruption Commission Act 1988.




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     Criminal Investigation (Exceptional Powers) and Fortification Removal Bill
                                                                         2001



                            Offences that may be relevant for this Act      Schedule 1


          Schedule 1 -- Offences that may be relevant for this Act
                                                                                   [s. 3]

     1.      An offence under any of the following enactments:

             The Criminal Code
5            s. 145
             s. 147
             s. 278
             s. 279
             s. 283 (except if the circumstances of the attempted or intended killing
10                     are such that, if it were carried out, the crime committed would
                       be infanticide)
             s. 292
             s. 293
             s. 294
15           s. 296
             s. 296A
             s. 298
             s. 332
             s. 393 (except in circumstances in which the maximum penalty that can
20                     be imposed is imprisonment for 14 years)
             s. 398 (in circumstances in which the maximum penalty that can be
                       imposed is imprisonment for 20 years)
             s. 451A(1)
             s. 454
25           s. 557
             s. 563A

             Criminal Property Confiscation Act 2000
             s. 50(1)




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    Criminal Investigation (Exceptional Powers) and Fortification Removal
    Bill 2001



    Schedule 1         Offences that may be relevant for this Act


    2.   An offence against regulations made under the Firearms Act 1973 s. 6(1)
         that --
                 (a)   is committed in respect of 2 or more firearms; or
                 (b)   is committed in respect of a firearm and in association with
5                      the commission, by the same or any other person, of an
                       offence against the Police Act 1892 s. 65(4aa).

    3.   An offence referred to in the Misuse of Drugs Act 1981 s. 32A(1)(b).




    page 46
Criminal Investigation (Exceptional Powers) and Fortification Removal
                                                              Bill 2001



                                                                                              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)
    Commissioner of Police.................................................................................... 3
    conveyance ................................................................................................50(6)
    document ...............................................................................................3, 42(9)
    fortification ................................................................................................57(1)
    heavily fortified..........................................................................................57(1)
    interested person ........................................................................................57(1)
    medical practitioner....................................................................................51(7)
    official matter.................................................................................. 15(9), 32(7)
    organised crime................................................................................................ 3
    owner.........................................................................................................57(1)
    reasonable excuse.......................................................................................30(2)
    registered nurse ..........................................................................................51(7)
    Schedule 1 offence ........................................................................................... 3
    section 4 offence .............................................................................................. 3
    special commissioner ....................................................................................... 3
    Standing Committee ...................................................................................74(5)
    submission .................................................................................................57(1)
    the defaulter ...............................................................................................23(1)
    the submission period .................................................................. 57(1), 59(2)(b)




 


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