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 3UM
Meaning of
major airport
(1)
For the purposes of this Division, each of the following airports is a
major airport
:
(a)
Adelaide Airport;
(b)
Alice Springs Airport;
(c)
Brisbane Airport;
(d)
Canberra Airport;
(e)
Darwin International Airport;
(f)
Gold Coast Airport;
(g)
Hobart International Airport;
(h)
Launceston Airport;
(i)
Melbourne (Tullamarine) Airport;
(j)
Perth Airport;
(k)
Sydney (Kingsford-Smith) Airport;
(l)
Townsville Airport;
(m)
an airport determined by the Minister under section
3UO
.
(2)
A reference in this Division to a
major airport
includes a reference to:
(a)
for an airport mentioned in paragraphs (1)(a) to (l)
-
the place made up of the land described in relation to the airport in regulations made for the purposes of the definition of
airport site
in section 5 of the
Airports Act 1996
; and
(b)
for an airport determined by the Minister under section
3UO
-
the place made up of the land described in the determination in relation to the airport; and
(c)
for any airport mentioned in subsection (1)
-
any building, structure, installation or equipment situated on the relevant land mentioned in paragraph (a) or (b) of this subsection.
History
S 3UM substituted by No 89 of 2019, s 3 and Sch 1 item 1, effective 28 April 2020. S 3UM formerly read:
SECTION 3UM Identity information at airports
-
requirements
Scope of section
(1)
A constable may make a request under this section of a person (a
suspect
) if:
(a)
the request is made at a constitutional airport; and
(b)
the constable reasonably suspects that the suspect has committed, is committing or intends to commit an offence against a law of the Commonwealth, or a law of a State or Territory, punishable by imprisonment for 12 months or more.
(2)
A constable may also make a request under this section of a person (a
suspect
) if:
(a)
the request is made at an airport other than a constitutional airport; and
(b)
the constable reasonably suspects that the suspect has committed, is committing or intends to commit an offence against a law of the Commonwealth punishable by imprisonment for 12 months or more.
Evidence of identity
(3)
The constable may request the suspect to give the constable evidence of the suspect
'
s identity by:
(a)
producing a government photographic identity document issued in relation to the suspect, if held by the suspect; and
(b)
if the suspect does not produce a government photographic identity document as requested under paragraph (a)
-
producing another identity document in relation to the suspect, if held by the suspect; and
(c)
if the suspect does not produce an identity document as requested under paragraph (a) or (b)
-
giving the constable the suspect
'
s name and address.
Constable
'
s duties
(4)
The constable must, before making a request under subsection (3):
(a)
if the constable is not in uniform:
(i)
show the suspect evidence that the constable is a constable; and
(ii)
if the suspect requests
-
comply with subsection (5); and
(b)
in any case
-
inform the suspect that it may be an offence not to comply with the request, or to give the constable a false or misleading document, or false or misleading information, in response to the request.
(5)
If the constable is not in uniform, the constable must give the suspect any of the following information if requested by the suspect:
(a)
the constable
'
s name;
(b)
the address of the constable
'
s place of duty;
(c)
the constable
'
s identification number (if any);
(d)
if the constable has no identification number
-
the constable
'
s rank.
S 3UM 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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