Counter-Terrorism Legislation Amendment Act (No. 1) 2018 (74 of 2018)

Schedule 1   Amendments

Part 3   Stop, search and seize powers

Crimes Act 1914

16   After Subdivision C of Division 3A of Part IAA

Insert:

Subdivision CA - Reporting on exercise of powers under this Division

3UJA Report after powers are exercised

(1) As soon as practicable after the exercise of a power or powers by an AFP police officer (or officers) under Subdivision B in relation to an incident, the Commissioner must give a report to the following:

(a) the Minister;

(b) the Independent National Security Legislation Monitor;

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

(2) The report must state, in relation to the incident:

(a) the number of instances when an AFP police officer (or officers) exercised a power under section 3UE, 3UEA or 3UF; and

(b) the circumstances in which an AFP police officer (or officers) exercised powers under section 3UC or 3UD.

Note: The nature of these powers is as follows:

(a) for section 3UC - requirement to provide names etc.;

(b) for section 3UD - stopping and searching;

(c) for section 3UE - seizure of terrorism related items and serious offence related items;

(d) for section 3UEA - emergency entry to premises without a warrant;

(e) for section 3UF - seizure notices.

(3) An AFP police officer is a member or a special member of the Australian Federal Police (within the meaning of the Australian Federal Police Act 1979).

Note: AFP police officers are police officers within the meaning of this Division (see section 3UA).

3UJB Annual report on exercise of powers

(1) The Minister must, as soon as practicable after each 30 June, cause to be prepared a report about the exercise of powers under this Division, during the year ended on that 30 June.

(2) Without limiting subsection (1), a report relating to a year must include the following matters:

(a) the number of instances when an AFP police officer (or officers) exercised a power under section 3UE, 3UEA or 3UF;

(b) the number of incidents when an AFP police officer (or officers) exercised powers under section 3UC or 3UD;

(c) the number of applications made under section 3UI for declarations that Commonwealth places are prescribed security zones;

(d) the number of declarations made under section 3UJ that Commonwealth places are prescribed security zones.

(3) The Minister must cause copies of the report to be laid before each House of the Parliament within 15 sitting days of that House after the report is completed.

(4) An AFP police officer is a member or a special member of the Australian Federal Police (within the meaning of the Australian Federal Police Act 1979).

Note: AFP police officers are police officers within the meaning of this Division (see section 3UA).