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National Security Legislation Amendment Bill 2010

Schedule 4 Powers to search premises in relation to terrorism offences

   

Crimes Act 1914

1  Division 3A of Part IAA (heading)

Repeal the heading, substitute:

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

2  Section 3UB

Before “A police officer”, insert “(1)”.

3  At the end of section 3UB

Add:

             (2)  This section does not limit the operation of section 3UEA.

4  After section 3UE

Insert:

3UEA   Emergency entry to premises without warrant

             (1)  A police officer may enter premises in accordance with this section if the police officer suspects, on reasonable grounds, that:

                     (a)  it is necessary to exercise a power under subsection (2) in order to prevent a thing that is on the premises from being used in connection with a terrorism offence; and

                     (b)  it is necessary to exercise the power without the authority of a search warrant because there is a serious and imminent threat to a person’s life, health or safety.

             (2)  The police officer may:

                     (a)  search the premises for the thing; and

                     (b)  seize the thing if he or she finds it there.

             (3)  If, in the course of searching for the thing, the police officer finds another thing that the police officer suspects, on reasonable grounds, to be relevant to an indictable offence or a summary offence, the police officer may secure the premises pending the obtaining of a warrant under Part IAA in relation to the premises.

             (4)  Premises must not be secured under subsection (3) for longer than is reasonably necessary to obtain the warrant.

             (5)  In the course of searching for the thing, the police officer may also seize any other thing, or do anything to make the premises safe, if the police officer suspects, on reasonable grounds, that it is necessary to do so:

                     (a)  in order to protect a person’s life, health or safety; and

                     (b)  without the authority of a search warrant because the circumstances are serious and urgent.

             (6)  In exercising powers under this section:

                     (a)  the police officer may use such assistance; and

                     (b)  the police officer, or a person who is also a police officer and who is assisting the police officer, may use such force against persons and things; and

                     (c)  a person (other than a police officer) who is authorised by the police officer to assist the police officer may use such force against things;

as is necessary and reasonable in the circumstances.

Notification

             (7)  If one or more police officers have entered premises in accordance with this section, a police officer must, within 24 hours after the entry:

                     (a)  notify the occupier of the premises that the entry has taken place; or

                     (b)  if it is not practicable so to notify the occupier—leave a written notice of the entry at the premises.

5  Subsection 3UF(1)

After “section 3UE”, insert “or 3UEA”.