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 3UU
Directions at airports
-
offences
Contravening directions
(1)
A person commits an offence if:
(a)
the person is given a direction by a constable or protective service officer under:
(i)
section
3UP
(identity information at airports); or
(ii)
section
3UQ
(move-on directions at airports); or
(iii)
section
3US
(stop and directions powers at airports); and
(b)
the person engages in conduct; and
(c)
the conduct contravenes the direction; and
(d)
in the case of a direction given under section
3UP
or
3UQ
-
the constable or officer complies with section
3UT
(constables
'
and protective service officers
'
duties at airports).
Penalty: 20 penalty units.
(2)
Absolute liability applies to paragraph (1)(d).
Note 1:
For absolute liability, see section
6.2
of the
Criminal Code
.
Note 2:
For subsection (1), a person may contravene a direction by failing to comply with the direction (see the definition of
contravene
in section
2B
of the
Acts Interpretation Act 1901
).
Note 3:
The following offences more serious than the offence under subsection (1) 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
).
Failure by constable or protective service officer to give status or identity information etc.
(3)
A person commits an offence if:
(a)
the person is subject to a requirement under section
3UT
(constables
'
and protective service officers
'
duties at airports); 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.
History
S 3UU inserted by No 89 of 2019, s 3 and Sch 1 item 1, effective 28 April 2020.