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 3
-
Powers of constables in relation to persons subject to Part 5.3 supervisory orders
History
Div 3 heading amended by No 131 of 2021, s 3 and Sch 1 item 164, by substituting
"
Part 5.3 supervisory orders
"
for
"
control orders
"
, effective 9 December 2021.
Div 3 inserted by No 82 of 2016, s 3 and Sch 8 item 1, effective 30 November 2016.
SECTION 3ZZLA
Searching a person by consent or under a warrant
(1)
If a Part 5.3 supervisory order is in force in relation to a person, a constable may conduct an ordinary search or a frisk search of the person, and exercise the monitoring powers, for either of the following purposes:
(a)
achieving a Part 5.3 object;
(b)
determining whether the Part 5.3 supervisory order has been, or is being, complied with.
(c)
-
(d)
(Repealed by No 131 of 2021)
Note:
The
monitoring powers
are set out in section
3ZZLB
.
History
S 3ZZLA(1) amended by No 131 of 2021, s 3 and Sch 1 items 165
-
167, by substituting
"
Part 5.3 supervisory order
"
for
"
control order
"
(first occurring),
"
either of
"
for
"
any of
"
and para (a) and (b) for para (a) to (d), effective 9 December 2021. Para (a) to (d) formerly read:
(a)
the protection of the public from a terrorist act;
(b)
preventing the provision of support for, or the facilitation of, a terrorist act;
(c)
preventing the provision of support for, or the facilitation of, the engagement in a hostile activity in a foreign country;
(d)
determining whether the control order has been, or is being, complied with.
(2)
However, a constable is not authorised to conduct an ordinary search or a frisk search of the person unless:
(a)
the person has consented to the search; or
(b)
the search is conducted under a monitoring warrant.
History
S 3ZZLA inserted by No 82 of 2016, s 3 and Sch 8 item 1, effective 30 November 2016.