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 3B
-
Identity information requirements, and move-on powers, at airports
History
Div 3B substituted by No 89 of 2019, s 3 and Sch 1 item 1, effective 28 April 2020.
Div 3B inserted by No 167 of 2012, s 3 and Sch 2 item 8, applicable in relation to persons reasonably suspected of offences whether the offences are suspected of having been committed before, on or after 29 November 2012.
SECTION 3UN
Meaning of
public order and safe operation
(1)
In this Division, the
public order and safe operation
of a major airport means:
(a)
the public order of the airport, or flights to and from the airport; or
(b)
the safety of persons at the airport, or on flights to and from the airport; or
(c)
the safe operation of the airport, or flights to and from the airport.
(2)
However, the exercise of a person
'
s right to engage lawfully in advocacy, protest, dissent or industrial action is not, by itself, to be regarded as prejudicial to the public order and safe operation of a major airport.
History
S 3UN substituted by No 89 of 2019, s 3 and Sch 1 item 1, effective 28 April 2020. S 3UN formerly read:
SECTION 3UN Identity information at airports
-
offences relating to section 3UM
Offence by suspect
(1)
A person commits an offence if:
(a)
a constable makes a request of the person under subsection 3UM(3); and
(b)
the person fails to comply with the request; and
(c)
the constable complies with subsection 3UM(4).
Penalty: 20 penalty units.
Note:
The following more serious offences may also apply:
(a) giving false or misleading information (see section 137.1 of the
Criminal Code
);
(b) producing a false or misleading document (see section 137.2 of the
Criminal Code
);
(c) obstructing a Commonwealth public official (see section 149.1 of the
Criminal Code
).
(2)
Strict liability applies to paragraphs (1)(a) and (c).
Note:
For strict liability, see section 6.1 of the
Criminal Code
.
Offence by constable
(3)
A person commits an offence if:
(a)
the person is subject to a requirement under subsection 3UM(4); and
(b)
the person engages in conduct; and
(c)
the conduct breaches the requirement.
Penalty: 5 penalty units.
(4)
In this section:
engage in conduct
means:
(a)
do an act; or
(b)
omit to perform an act.
S 3UN inserted by No 167 of 2012, s 3 and Sch 2 item 8, applicable in relation to persons reasonably suspected of offences whether the offences are suspected of having been committed before, on or after 29 November 2012.
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