Crimes Act 1914

Part IAA - Search, information gathering, arrest and related powers (other than powers under delayed notification search warrants)  

Division 3A - Powers in relation to terrorist acts and terrorism offences  

Subdivision C - Prescribed security zones  

SECTION 3UJ   Minister may make declarations  

Declaration

(1)    
The Minister may declare, in writing, a Commonwealth place to be a prescribed security zone if he or she considers that a declaration would assist:

(a)    in preventing a terrorist act occurring; or

(b)    in responding to a terrorist act that has occurred.

(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.

Declaration has effect

(2)    
A declaration under this section has effect accordingly.

Duration of declaration

(3)    

A declaration ceases to have effect:

(a)    at the end of 28 days after it is made; or

(b)    if a shorter period is specified in the declaration - at the end of the shorter period;

unless the declaration is revoked by the Minister before then.

Revocation of declaration

(4)    
The Minister must revoke a declaration, in writing, if he or she is satisfied that:

(a)    in the case of a declaration made on the ground mentioned in paragraph (1)(a) - there is no longer a terrorism threat that justifies the declaration being continued; or

(b)    in the case of a declaration made on the ground mentioned in paragraph (1)(b) - the declaration is no longer required.

Gazettal and publication of declaration

(5)    
If a declaration of a Commonwealth place as a prescribed security zone under this section is made or revoked, the Minister must arrange for:

(a)    a statement to be prepared that:

(i) states that the declaration has been made or revoked, as the case may be; and

(ii) identifies the prescribed security zone; and

(b)    the statement to be:

(i) broadcast by a television or radio station so as to be capable of being received within the place; and

(ii) published in the Gazette ; and

(iii) published on the internet.

Notification of declaration

(5A)    

If a declaration of a Commonwealth place as a prescribed security zone under this section is made at a particular time, the Commissioner must:

(a)    as soon as practicable after that time; and

(b)    in any event, within 72 hours after that time;

arrange for:

(c)    a statement to be prepared that:

(i) states that the declaration has been made; and

(ii) identifies the prescribed security zone; and

(d)    the statement to be given to:

(i) the Commonwealth Ombudsman; and

(ii) the Independent National Security Legislation Monitor; and

(iii) the Parliamentary Joint Committee on Intelligence and Security.

Reasons for making determination

(5B)    

If a declaration was made under this section in relation to a Commonwealth place, the Minister must:

(a)    give the Parliamentary Joint Committee on Intelligence and Security a written statement setting out the reasons for the making of the declaration; and

(b)    do so as soon as practicable after the declaration was made.

Effect of failure to publish or notify

(6)    

A failure to comply with subsection (5) or (5A) does not make the declaration or its revocation ineffective to any extent.

Effect of failure to give statement of reasons

(6A)    

A failure to comply with subsection (5B) does not make the declaration ineffective to any extent.

Declaration or revocation not legislative instruments

(7)    
A declaration or revocation made under this section is not a legislative instrument.