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This is a Bill, not an Act. For current law, see the Acts databases.
Terrorism (Police Powers) Amendment
Bill 2010
No , 2010
A Bill for
An Act to amend the Terrorism (Police Powers) Act 2002 as a consequence of a
review carried out under section 36 of that Act.
Clause 1 Terrorism (Police Powers) Amendment Bill 2010
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Terrorism (Police Powers) Amendment Act 2010. 3
2 Commencement 4
This Act commences on a day or days to be appointed by proclamation. 5
Page 2
Terrorism (Police Powers) Amendment Bill 2010
Amendment of Terrorism (Police Powers) Act 2002 No 115 Schedule 1
Schedule 1 Amendment of Terrorism (Police 1
Powers) Act 2002 No 115 2
[1] Section 4 Other definitions 3
Insert in alphabetical order in section 4 (1): 4
impaired intellectual functioning, in relation to a person, means: 5
(a) a total or partial loss of the person's mental functions, or 6
(b) a disorder or malfunction that results in the person learning 7
differently from a person without the disorder or 8
malfunction, or 9
(c) a disorder, illness or disease that affects the person's 10
thought processes, perceptions of reality, emotions or 11
judgment, or that results in disturbed behaviour. 12
[2] Section 23 Supplying police officer's details and other information 13
Insert at the end of section 23 (2): 14
The written statement is to be provided within 30 days of the 15
request being made. 16
[3] Section 26PA 17
Insert after section 26P: 18
26PA Supreme Court may order provision of legal aid 19
(1) This section applies to proceedings before the Supreme Court in 20
connection with an application for the making or revocation of a 21
preventative detention order or prohibited contact order. 22
(2) The Supreme Court may, if the Court is satisfied it is in the 23
interests of justice to do so, order the Legal Aid Commission to 24
provide legal aid in proceedings to which this section applies to: 25
(a) a person in relation to whom a preventative detention order 26
is being sought, or 27
(b) a person who is subject to such an order. 28
(3) If the Supreme Court makes an order under subsection (2), the 29
police officer who is detaining the person must give the person 30
reasonable assistance to enable the person to contact the Legal 31
Aid Commission to obtain the legal aid. 32
Page 3
Terrorism (Police Powers) Amendment Bill 2010
Schedule 1 Amendment of Terrorism (Police Powers) Act 2002 No 115
[4] Section 26W Release of person from preventative detention 1
Insert after section 26W (1): 2
(1A) The police officer who is detaining a person under a preventative 3
detention order must release the person from detention under the 4
order as soon as is practicable after the police officer is satisfied 5
that the grounds on which the order was made have ceased to 6
exist. 7
Note. A person detained under a preventative detention order may be 8
detained under the order at a correctional centre under an arrangement 9
with the Commissioner of Corrective Services under section 26X. 10
[5] Section 26Y Effect of interim preventative detention order to be 11
explained to person detained 12
Insert ", 26ZF" after "26ZE" in section 26Y (2) (c). 13
[6] Section 26Y (2) (d) 14
Insert "and the Police Integrity Commission" after "Ombudsman". 15
[7] Section 26Z Effect of preventative detention order (other than interim 16
order) to be explained to person detained 17
Insert ", 26ZF" after "26ZE" in section 26Z (2) (c). 18
[8] Section 26Z (2) (d) 19
Insert "and the Police Integrity Commission" after "Ombudsman". 20
[9] Section 26ZG Contacting lawyer 21
Insert after section 26ZG (3): 22
(3A) Without limiting the assistance that may be given to a person 23
under subsection (3), the police officer may refer the person to 24
the Legal Aid Commission. 25
[10] Section 26ZGA 26
Insert after section 26ZG: 27
26ZGA Contacting chaplain 28
(1) The person being detained is entitled to contact an authorised 29
chaplain. 30
(2) The form of contact that the person being detained is entitled to 31
have with an authorised chaplain under subsection (1) is limited 32
to visits by the authorised chaplain to the person being detained. 33
Page 4
Terrorism (Police Powers) Amendment Bill 2010
Amendment of Terrorism (Police Powers) Act 2002 No 115 Schedule 1
(3) In this section, authorised chaplain means: 1
(a) a person who is authorised under the Crimes 2
(Administration of Sentences) Act 1999 to perform the 3
functions of a chaplain in a correctional centre, and 4
Note. Clause 59 of the Crimes (Administration of Sentences) 5
Regulation 2008 provides for the accreditation of chaplains by 6
the Commissioner of Corrective Services. 7
(b) in relation to a person being detained under a preventative 8
detention order who is under 18 years of age and who is 9
detained in a detention centre within the meaning of the 10
Children (Detention Centres) Act 1987--a minister of 11
religion authorised by the Chief Executive of Juvenile 12
Justice, Department of Human Services to minister to 13
detainees at that detention centre. 14
[11] Section 26ZH Special contact rules for person under 18 or with impaired 15
intellectual functioning 16
Omit section 26ZH (1) (b). Insert instead: 17
(b) has impaired intellectual functioning. 18
[12] Section 26ZH (7) 19
Insert after section 26ZH (6): 20
(7) The police officer who is detaining a person under a preventative 21
detention order is, as far as is reasonably practicable, to assist the 22
person in exercising the person's entitlement to contact under this 23
Division. 24
[13] Sections 26ZI (1) and 26ZJ 25
Insert ", 26ZGA" after "26ZG" wherever occurring. 26
[14] Section 26ZI Monitoring contact with family members, lawyers etc under 27
sections 26ZE, 26ZG, 26ZGA and 26ZH 28
Insert after section 26ZI (6): 29
(7) However, a monitor does not commit an offence under 30
subsection (6) in relation to the disclosure of information to a 31
lawyer for the purpose of obtaining advice as to: 32
(a) whether the information is information communicated 33
between the detainee and the detainee's lawyer for one of 34
the purposes referred to in section 26ZG, and 35
(b) the monitor's obligations under this Act in relation to that 36
information. 37
Page 5
Terrorism (Police Powers) Amendment Bill 2010
Schedule 1 Amendment of Terrorism (Police Powers) Act 2002 No 115
[15] Section 26ZL Taking fingerprints, recordings, samples of handwriting or 1
photographs 2
Omit section 26ZL (5) (b) and (6) (b). Insert instead: 3
(b) has impaired intellectual functioning, 4
[16] Section 26ZL (11) 5
Omit "incapable of managing his or her affairs". 6
Insert instead "has impaired intellectual functioning". 7
[17] Section 26ZO Monitoring by Ombudsman 8
Omit "For the period of 5 years after the commencement of this Part, the" from 9
section 26ZO (1). 10
Insert instead "The". 11
[18] Section 26ZO (4) (c) 12
Insert at the end of section 26ZO (4) (b): 13
and 14
(c) every 3 years after that, 15
[19] Section 26ZO (8) 16
Omit "may". Insert instead "is to". 17
[20] Section 27W Destruction of records 18
Omit the section. 19
[21] Section 27ZC Monitoring by Ombudsman 20
Omit "For the period of 2 years after the commencement of this Part (as 21
inserted by the Terrorism Legislation Amendment (Warrants) Act 2005), the" 22
from section 27ZC (1). 23
Insert instead "The". 24
[22] Section 27ZC (3) 25
Omit "as soon as practicable after the expiration of that 2-year period". 26
Insert instead "every three years". 27
[23] Section 27ZC (4) and (5) 28
Omit "Minister" wherever occurring. Insert instead "Attorney General". 29
Page 6
Terrorism (Police Powers) Amendment Bill 2010
Amendment of Terrorism (Police Powers) Act 2002 No 115 Schedule 1
[24] Section 27ZC (7) and (8) 1
Omit section 27ZC (7). Insert instead: 2
(7) The report is to be included with the report prepared by the 3
Ombudsman under section 26ZO so long as the requirements of 4
this section are complied with in relation to the report prepared 5
under this section. 6
(8) The first report under this section after the commencement of the 7
Terrorism (Police Powers) Amendment Act 2010 is to be 8
prepared at the same time as the next report under section 26ZO 9
is to be prepared. 10
[25] Section 36 Review of Act 11
Omit section 36 (2). Insert instead: 12
(2) The review is to be undertaken, every 3 years, as soon as possible 13
after the reports of the Ombudsman under sections 26ZO and 14
27ZC have been tabled in each House of Parliament. 15
[26] Schedule 1 Conduct of personal searches 16
Omit clause 6 (9) of the Schedule. 17
[27] Schedule 2 Savings and transitional provisions 18
Insert at the end of clause 1 (1): 19
Terrorism (Police Powers) Amendment Act 2010 20
Page 7
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