Counter-Terrorism and Other Legislation Amendment Act 2023 (96 of 2023)

Schedule 1   Amendment of the Crimes Act 1914

Part 1   Prescribed security zones and other matters

Crimes Act 1914

3   After subsection 3UJ(1)

Insert:

(1A) In deciding whether to make a declaration under subsection (1) in relation to a Commonwealth place on the ground mentioned in paragraph (1)(a) or (b), the Minister must have regard to:

(a) whether the impact of the declaration on the rights of persons in the Commonwealth place would be:

(i) reasonable; and

(ii) proportionate to that ground; and

(b) the appropriate duration of the declaration; and

(c) in the case of a declaration made on the ground mentioned in paragraph (1)(a) - the availability and effectiveness of any powers that:

(i) are conferred by a law of the Commonwealth (other than this Division) or a law of a State or Territory; and

(ii) would assist in preventing a terrorist act occurring; and

(d) in the case of a declaration made on the ground mentioned in paragraph (1)(b) - the availability and effectiveness of any powers that:

(i) are conferred by a law of the Commonwealth (other than this Division) or a law of a State or Territory; and

(ii) would assist in responding to a terrorist act that has occurred; and

(e) in the case of a declaration that is one of a series of successive declarations under subsection (1) in relation to the Commonwealth place - the impact and proportionality of that series of successive declarations; and

(f) such other matters (if any) as the Minister considers relevant.