Part IAAB
-
Monitoring of compliance with Part 5.3 supervisory orders etc.
History
Part IAAB heading amended by No 131 of 2021, s 3 and Sch 1 item 155, by substituting
"
Part 5.3 supervisory orders
"
for
"
control orders
"
, effective 9 December 2021.
Part IAAB inserted by No 82 of 2016, s 3 and Sch 8 item 1, effective 30 November 2016.
Division 2
-
Powers of constables in relation to premises
History
Div 2 inserted by No 82 of 2016, s 3 and Sch 8 item 1, effective 30 November 2016.
Subdivision A
-
Monitoring powers
History
Subdiv A inserted by No 82 of 2016, s 3 and Sch 8 item 1, effective 30 November 2016.
SECTION 3ZZKA
Entering premises by consent or under a warrant
(1)
If:
(a)
a Part 5.3 supervisory order is in force in relation to a person; and
(b)
the person has a prescribed connection with particular premises;
a constable may enter the premises, and exercise the monitoring powers, for either of the following purposes:
(c)
achieving a Part 5.3 object;
(d)
determining whether the Part 5.3 supervisory order has been, or is being, complied with.
(e)
-
(f)
(Repealed by No 131 of 2021)
Note:
The
monitoring powers
are set out in sections
3ZZKB
,
3ZZKC
and
3ZZKD
.
History
S 3ZZKA(1) amended by No 131 of 2021, s 3 and Sch 1 items 158
-
160, by substituting
"
Part 5.3 supervisory order
"
for
"
control order
"
in para (a),
"
either of
"
for
"
any of
"
and para (c) and (d) for para (c) to (f), effective 9 December 2021. Para (c) to (f) formerly read:
(c)
the protection of the public from a terrorist act;
(d)
preventing the provision of support for, or the facilitation of, a terrorist act;
(e)
preventing the provision of support for, or the facilitation of, the engagement in a hostile activity in a foreign country;
(f)
determining whether the control order has been, or is being, complied with.
(2)
However, a constable is not authorised to enter the premises unless:
(a)
the person:
(i)
is the occupier of the premises; and
(ii)
has consented to the entry; or
(b)
the entry is made under a monitoring warrant.
Note:
If entry to the premises is with the occupier
'
s consent, the constable must leave the premises if the consent ceases to have effect (see section
3ZZNA
).
History
S 3ZZKA inserted by No 82 of 2016, s 3 and Sch 8 item 1, effective 30 November 2016.