Part IAA
-
Search, information gathering, arrest and related powers (other than powers under delayed notification search warrants)
History
Part IAA heading substituted by No 116 of 2014, s 3 and Sch 1 item 39, effective 1 December 2014. Part IAA (heading) formerly read:
Part IAA
-
Search, information gathering, arrest and related powers
Part IAA (heading) substituted by No 144 of 2005, s 3 and Sch 5 item 1, effective 15 December 2005. No 144 of 2005, s 4 contains the following review provisions:
4 Review of anti-terrorism laws
(1)
The Council of Australian Governments agreed on 27 September 2005 that the Council would, after 5 years, review the operation of:
(a)
the amendments made by Schedules 1, 3, 4 and 5; and
(b)
certain State laws.
(2)
If a copy of the report in relation to the review is given to the Attorney-General, the Attorney-General must cause a copy of the report to be laid before each House of Parliament within 15 sitting days after the Attorney-General receives the copy of the report.
Part IAA (heading) formerly read:
Part IAA
-
Search warrants and powers of arrest
Part IAA (heading) substituted by No 41 of 2003, s 3 and Sch 3 item 3, effective 3 June 2003. For saving provision, see note under s 23C(7). The heading formerly read:
Part 1AA
-
Search warrants and powers of arrest
Division 3A
-
Powers in relation to terrorist acts and terrorism offences
History
Div 3A (heading) substituted by No 127 of 2010, s 3 and Sch 4 item 1, effective 25 November 2010. The heading formerly read:
Division 3A
-
Powers to stop, question and search persons in relation to terrorist acts
Div 3A inserted by No 144 of 2005, s 3 and Sch 5 item 10, effective 15 December 2005. For review provisions, see note under Part IAA heading in s 3C.
Subdivision CA
-
Reporting on exercise of powers under this Division
History
Subdiv CA inserted by No 74 of 2018, s 3 and Sch 1 item 16, effective 25 August 2018.
SECTION 3UJB
Annual report on exercise of powers
(1)
The Minister must, as soon as practicable after each 30 June, cause to be prepared a report about the exercise of powers under this Division, during the year ended on that 30 June.
(2)
Without limiting subsection
(1)
, a report relating to a year must include the following matters:
(a)
the number of instances when an AFP police officer (or officers) exercised a power under section
3UE
,
3UEA
or
3UF
;
(b)
the number of incidents when an AFP police officer (or officers) exercised powers under section
3UC
or
3UD
;
(c)
the number of applications made under section
3UI
for declarations that Commonwealth places are prescribed security zones;
(d)
the number of declarations made under section
3UJ
that Commonwealth places are prescribed security zones;
(e)
the number of applications made by AFP police officers under section
3UEB
for post-entry warrants;
(f)
the number of post-entry warrants issued under section
3UEB
in response to applications made by AFP police officers;
(g)
the number of refusals to issue a post-entry warrant under section
3UEB
in response applications made by AFP police officers.
History
S 3UJB(2) amended by No 96 of 2023, s 3 and Sch 1 item 13, by inserting para (e) to (g), effective 25 November 2023.
(3)
The Minister must cause copies of the report to be laid before each House of the Parliament within 15 sitting days of that House after the report is completed.
(4)
An
AFP police officer
is a member or a special member of the Australian Federal Police (within the meaning of the
Australian Federal Police Act 1979
).
Note: AFP police officers are police officers within the meaning of this Division (see section
3UA
).
History
S 3UJB inserted by No 74 of 2018, s 3 and Sch 1 item 16, effective 25 August 2018.