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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia Terrorism (Extraordinary Powers) Amendment Bill 2018 Contents 1. Short title 2 2. Commencement 2 3. Act amended 2 4. Part 2 Division 4 deleted 2 5. Part 2A inserted 2 Part 2A -- Police use of force: ongoing terrorist acts 21A. Interpretation 2 21B. Non-application of Part to certain officers 3 21C. Commissioner may declare this Part applies to terrorist act 3 21D. Declaration must be in writing 4 21E. Declaration may be revoked 5 21F. Police action authorised under declaration 5 21G. Part does not limit police powers relating to terrorism 6 21H. Commissioner's functions under this Part may be performed by authorised Deputy Commissioner 6 6. Section 31 amended 7 7. Sections 31A, 31B and 31C inserted 7 31A. Power to appoint special officers 7 31B. Provisions relating to special officer appointments 8 31C. Functions of special officers 9 61--1 page i Western Australia LEGISLATIVE ASSEMBLY Terrorism (Extraordinary Powers) Amendment Bill 2018 A Bill for An Act to amend the Terrorism (Extraordinary Powers) Act 2005. The Parliament of Western Australia enacts as follows: page 1 Terrorism (Extraordinary Powers) Amendment Bill 2018 s. 1 1 1. Short title 2 This is the Terrorism (Extraordinary Powers) Amendment 3 Act 2018. 4 2. Commencement 5 This Act comes into operation as follows -- 6 (a) sections 1 and 2 -- on the day on which this Act 7 receives the Royal Assent; 8 (b) the rest of the Act -- on the day after that day. 9 3. Act amended 10 This Act amends the Terrorism (Extraordinary Powers) 11 Act 2005. 12 4. Part 2 Division 4 deleted 13 Delete Part 2 Division 4. 14 5. Part 2A inserted 15 After section 21 insert: 16 17 Part 2A -- Police use of force: ongoing 18 terrorist acts 19 21A. Interpretation 20 In this Part -- 21 declaration means a declaration made under 22 section 21C(1); 23 declared incident means an incident in respect of 24 which a declaration is made; page 2 Terrorism (Extraordinary Powers) Amendment Bill 2018 s. 5 1 detain has the meaning given in The Criminal Code 2 section 332(1). 3 21B. Non-application of Part to certain officers 4 (1) In this section -- 5 support officer means any of the following -- 6 (a) a special constable appointed under the Police 7 Act 1892 section 35(1); 8 (b) an Aboriginal police liaison officer appointed 9 under the Police Act 1892 section 38B(1); 10 (c) a police auxiliary officer appointed under the 11 Police Act 1892 section 38G(1). 12 (2) For the purposes of the Police Act 1892 sections 36, 13 38C and 38H -- 14 (a) a support officer does not have any of the 15 powers, duties or obligations that a police 16 officer has under this Part; and 17 (b) any authorisation, exemption or exception in 18 this Part that applies to a police officer does not 19 apply to a support officer; and 20 (c) a reference in this Part to a police officer does 21 not include a reference to a support officer. 22 (3) Despite the Corruption, Crime and Misconduct 23 Act 2003 section 184(3c), an authorised officer as 24 defined in the Corruption, Crime and Misconduct 25 Act 2003 section 184(1) who is not a police officer 26 does not have, and may not perform, the functions that 27 a police officer has and may perform under this Part. 28 21C. Commissioner may declare this Part applies to 29 terrorist act 30 (1) The Commissioner may declare that this Part applies to 31 an incident to which police officers are responding if page 3 Terrorism (Extraordinary Powers) Amendment Bill 2018 s. 5 1 the Commissioner is satisfied there are reasonable 2 grounds to suspect -- 3 (a) that the incident is or is likely to be a terrorist 4 act; and 5 (b) that planned and coordinated police action is 6 required -- 7 (i) to defend a person threatened by the 8 incident; or 9 (ii) to prevent a person from being detained 10 or end the detention of a person. 11 (2) The declaration applies to each location at which police 12 officers are responding to the incident. 13 (3) The Commissioner must notify the police officer in 14 charge of the police officers responding to the declared 15 incident that the declaration has been made. 16 (4) The Commissioner must notify the Minister of the 17 declaration before, or as soon as practicable after, the 18 declaration is made. 19 21D. Declaration must be in writing 20 (1) Except as provided in subsection (2), a declaration 21 must be in writing. 22 (2) If, due to the urgency of the situation, it is not 23 practicable to make the declaration in writing -- 24 (a) the declaration may be made orally with details 25 recorded contemporaneously; and 26 (b) if it is made orally, it must be put in writing as 27 soon as practicable after it is made and in any 28 event within 6 hours. page 4 Terrorism (Extraordinary Powers) Amendment Bill 2018 s. 5 1 21E. Declaration may be revoked 2 (1) The Commissioner may at any time revoke a 3 declaration. 4 (2) Without limiting the power in subsection (1), if no 5 further police response is required in response to a 6 declared incident, the Commissioner must revoke the 7 declaration. 8 (3) The Commissioner must notify the police officer in 9 charge of the police officers responding to the declared 10 incident that the declaration has been revoked. 11 (4) If the police officer in charge of the police officers 12 responding to the declared incident becomes aware that 13 the declaration has been revoked, the police officer in 14 charge must notify the other police officers of the 15 revocation. 16 21F. Police action authorised under declaration 17 (1) The police action authorised under a declaration, when 18 police officers respond to a declared incident, is the 19 authorisation, direction or use of force (including lethal 20 force) that a police officer believes, on reasonable 21 grounds, is necessary to -- 22 (a) defend a person threatened by the incident; or 23 (b) prevent a person from being detained or end the 24 detention of a person. 25 (2) A police officer who does something that, apart from 26 this section, would be an offence is not criminally 27 responsible for the offence if the thing constitutes 28 police action authorised under a declaration. 29 (3) Nothing in this section limits the availability of any 30 excuse or defence under Chapter V or Chapter XXVI 31 of The Criminal Code. page 5 Terrorism (Extraordinary Powers) Amendment Bill 2018 s. 5 1 (4) If a declaration is revoked, this section continues to 2 apply to any action taken by a police officer before the 3 earlier of the following -- 4 (a) when the police officer became aware of the 5 revocation of the declaration; 6 (b) when the police officer ought reasonably to 7 have been aware of the revocation of the 8 declaration. 9 (5) If a court finds that a purported declaration was not 10 validly made, this section continues to apply to any 11 action taken by a police officer before the finding as if 12 it were a valid declaration. 13 21G. Part does not limit police powers relating to 14 terrorism 15 This Part does not limit the powers of police officers 16 under any other Part of this Act, any other written law 17 or the common law to deal with an incident that is or is 18 likely to be a terrorist act (whether or not that incident 19 is a declared incident). 20 21H. Commissioner's functions under this Part may be 21 performed by authorised Deputy Commissioner 22 (1) In this section -- 23 authorised means authorised under subsection (3); 24 Deputy Commissioner means a police officer who 25 holds or is acting in the office of Deputy 26 Commissioner. 27 (2) The Commissioner's functions under this Part, other 28 than the power in subsection (3), may be performed by 29 an authorised Deputy Commissioner if -- 30 (a) the office of Commissioner is vacant; or page 6 Terrorism (Extraordinary Powers) Amendment Bill 2018 s. 6 1 (b) the Commissioner is on leave or out of the 2 State; or 3 (c) the Commissioner is otherwise unavailable to 4 exercise the functions. 5 (3) For the purposes of this section, the Commissioner may 6 authorise in writing one or more Deputy 7 Commissioners to perform the Commissioner's 8 functions under this Part. 9 (4) If any of the Commissioner's functions under this Part 10 is performed by a person other than the Commissioner, 11 the person must notify the Commissioner of the fact as 12 soon as practicable. 13 14 6. Section 31 amended 15 In section 31(2) after "other than" insert: 16 17 a function under Part 2A or 18 19 7. Sections 31A, 31B and 31C inserted 20 After section 31 insert: 21 22 31A. Power to appoint special officers 23 (1) The Commissioner may appoint as a special officer any 24 person who is -- 25 (a) a member of the Australian Federal Police; or 26 (b) a member of the police force of another State or 27 of a Territory; or 28 (c) a sworn employee of the New Zealand Police; 29 or page 7 Terrorism (Extraordinary Powers) Amendment Bill 2018 s. 7 1 (d) a law enforcement officer of a foreign 2 jurisdiction prescribed for the purposes of this 3 subsection. 4 (2) The Commissioner may appoint a person as a special 5 officer for the purposes of Part 2 or 2A. 6 (3) The Commissioner must not make an appointment 7 under subsection (1) unless the Commissioner is of the 8 opinion that the appointment is necessary -- 9 (a) in the case of an appointment for the purposes 10 of Part 2, for the more effective exercise of the 11 powers that may be exercised under a 12 Commissioner's warrant as defined in 13 section 6; or 14 (b) in the case of an appointment for the purposes 15 of Part 2A, to more effectively respond to a 16 declared incident as defined in section 21A. 17 31B. Provisions relating to special officer appointments 18 (1) The appointment of a special officer under 19 section 31A -- 20 (a) must be in writing; and 21 (b) must state the date and time it is made; and 22 (c) must state the date and time it ceases to have 23 effect; and 24 (d) must state whether the appointment is for the 25 purposes of Part 2 or 2A; and 26 (e) may be made subject to any condition the 27 Commissioner thinks fit; and 28 (f) must be signed by the Commissioner. 29 (2) The date and time stated under subsection (1)(c) must 30 not be more than 14 days after the date on which the 31 appointment is made. page 8 Terrorism (Extraordinary Powers) Amendment Bill 2018 s. 7 1 (3) The appointment of 2 or more special officers may be 2 in 1 instrument of appointment. 3 (4) The Commissioner may cancel the appointment of a 4 special officer at any time. 5 (5) A special officer's appointment has effect until the date 6 and time stated in it or until it is cancelled under this 7 section, whichever happens first. 8 (6) The life of a special officer's appointment (the current 9 appointment) cannot be extended, but nothing prevents 10 the Commissioner from making a further appointment 11 under section 31A that has effect from the time the 12 current appointment ceases to have effect. 13 31C. Functions of special officers 14 (1) In this section -- 15 Part 2 special officer means a person appointed under 16 section 31A for the purposes of Part 2; 17 Part 2A special officer means a person appointed 18 under section 31A for the purposes of Part 2A; 19 special officer means a Part 2 special officer or a 20 Part 2A special officer. 21 (2) Unless a special officer's appointment provides to the 22 contrary, a Part 2 special officer -- 23 (a) has and may perform any function that a police 24 officer has and may perform under Part 2; and 25 (b) in connection with exercising any such 26 function, has and may perform any function 27 that a police officer has under this Act other 28 than Part 2A, any other written law or the 29 common law. page 9 Terrorism (Extraordinary Powers) Amendment Bill 2018 s. 7 1 (3) Unless a special officer's appointment provides to the 2 contrary -- 3 (a) a Part 2A special officer -- 4 (i) has and may perform any function that a 5 police officer has and may perform 6 under Part 2A; and 7 (ii) in connection with exercising any such 8 function, has and may perform any 9 function that a police officer has under 10 this Act other than Part 2, any other 11 written law or the common law; 12 and 13 (b) Part 2A applies to a Part 2A special officer as if 14 any reference in Part 2A to a police officer 15 includes a reference to the Part 2A special 16 officer. 17 (4) A special officer is to be taken to be a public officer for 18 the purposes of The Criminal Code. 19 (5) For the purposes of the Police Act 1892 section 137, a 20 special officer is to be taken to be a member of the 21 Police Force performing or purporting to perform the 22 functions of a member of the Police Force if -- 23 (a) the special officer is a Part 2 special officer 24 exercising a function under subsection (2)(a) 25 or (b); or 26 (b) the special officer is a Part 2A special officer 27 exercising a function under subsection (3)(a). 28 29
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