Northern Territory Numbered Acts Northern Territory Numbered ActsAfter section 116J
insert
In this Division:
"approved member" means:
(a) a member of or above the rank of Commander; or
(b) a member who is approved, under section 116KN, to be a member who may issue a hand held scanner authority.
"hand held scanner "means a device that may be passed over or around a person or the person's belongings to detect metal.
"hand held scanner authority", see section 116KB(5).
"high risk area" means an area declared to be a high risk area under section 210 of the Liquor Act 2019 .
"public place" means a place the public is entitled to use or that is open to or used by the public, whether on payment of money or otherwise.
"public transport facility", see section 116KA.
"public transport vehicle" means:
(a) a bus being used for a route service, as defined in section 3 of the Public Transport (Passenger Safety) Act 2008 ; or
(b) a ferry that is being used, under contract with the Territory, to carry prospective passengers along a specified route at specific times.
"suspected offence area", see section 116KB(1).
"use", a hand held scanner in relation to a person, means to pass the hand held scanner in close proximity to the person or the person's belongings.
A public transport facility means:
(a) a station, platform, wharf or other structure for the taking on and letting off of passengers of a public transport vehicle together with the following:
(i) car parks and set-down facilities for passengers of a public transport vehicle that makes scheduled stops at the station, platform, wharf or structure;
(ii) any other structure or facility for the use or convenience of passengers of a public transport vehicle that makes scheduled stops at the station, platform, wharf or structure;
(iii) landscaping associated with the station, platform, wharf or structure; or
(b) a bus stop as defined in section 3 of the Public Transport (Passenger Safety) Act 2008 .
Example of a structure for paragraph (a)
A jetty at which a public transport vehicle makes scheduled stops.
(1) Subject to subsection (3), the Commissioner may, by issuing an authority, authorise the use of a hand held scanner in an area (a suspected offence area ) in which the Commissioner suspects, on reasonable grounds, that an offence involving a firearm, controlled weapon or prohibited weapon:
(a) has been committed within the last 12 hours; or
(b) is being committed; or
(c) is likely to be committed within the next 12 hours.
(2) Subject to subsection (3), an approved member may, by issuing an authority, authorise the use of a hand held scanner:
(a) in a high risk area; or
(b) at a public transport facility and on public transport vehicles travelling to and from the facility.
(3) The Commissioner or approved member may issue the authority only if:
(a) any of the following happened in a public place in the affected place in the previous 6 months:
(i) an offence was committed by a person armed with a firearm, controlled weapon or prohibited weapon;
(ii) a violent offence was committed;
(iii) more than one weapon possession offence was committed; and
(b) the Commissioner or approved member considers that the use of hand held scanners is likely to be effective to detect or deter the commission of an offence involving the possession or use of a firearm, controlled weapon or prohibited weapon; and
(c) the Commissioner or approved member has considered:
(i) the effect that the use of hand held scanners may have on lawful activity in the affected place; and
(ii) if the use of hand held scanners has previously been authorised for the affected place – whether the use of the scanners under the authority identified persons carrying restricted weapons.
(4) The Commissioner cannot delegate the Commissioner's powers and functions under this section.
(5) An authority issued under this section is a hand held scanner authority .
(6) In this section:
"affected place", in relation to a hand held scanner authority, means the suspected offence area, high risk area or public transport facility and public transport vehicles travelling to and from the facility, for which the authority is proposed to be issued.
"controlled weapon", see section 3 of the Weapons Control Act 2001 .
"prohibited weapon", see section 3 of the Weapons Control Act 2001 .
"violent offence" means an offence against the Criminal Code involving the use, or threatened use, of violence against a person, the maximum penalty for which is imprisonment for 7 years or more.
"weapon possession offence" means an offence against section 6(e), 7(1) or 7A of the Weapons Control Act 2001 .
(1) A hand held scanner authority must specify:
(a) the day and time the authority starts; and
(b) the place for which the authority is issued, as follows:
(i) for a hand held scanner authority issued for a suspected offence area – a description of the area;
(ii) for a hand held scanner authority issued for a high risk area – the name of the high risk area;
(iii) for a hand held scanner authority issued for a public transport facility – the name of the facility or a description of the facility and its location.
(2) The hand held scanner authority has effect for 12 hours after the authority starts.
(1) This section applies in relation to a member if a hand held scanner authority is in effect for:
(a) a suspected offence area; or
(b) a high risk area.
(2) Subject to subsection (4), the member may, without a warrant, require a person to stop and submit to the use of a hand held scanner in a public place in the suspected offence area or high risk area, including:
(a) in a public place at a public transport facility in the area; and
(b) on board a public transport vehicle that is in the area.
(3) If the member starts to exercise a power in relation to a person under this section while on board a public transport vehicle travelling in a suspected offence area or high risk area, the member may continue to exercise the power in relation to the person if the vehicle travels out of the area.
(4) The member may not require a person who is in a private vehicle to stop and submit to the use of a hand held scanner.
(1) This section applies in relation to a member if a hand held scanner authority is in effect for a public transport facility.
(2) Subject to subsection (4), the member may, without a warrant, require a person to stop and submit to the use of a hand held scanner:
(a) in a public place at the public transport facility; or
(b) on board a public transport vehicle while the vehicle is travelling within one scheduled stop in any direction of the public transport facility; or
(c) if the person leaves the public transport vehicle within one scheduled stop of the public transport facility – in a public place at the public transport facility that is at that scheduled stop.
(3) If the member starts to exercise a power in relation to a person under this section while on board a public transport vehicle travelling in the area mentioned in subsection (2)(b), the member may continue to exercise the power in relation to the person if the vehicle travels out of the area.
(4) The member may not require a person who is in a private vehicle to stop and submit to the use of a hand held scanner.
(1) If a member uses a hand held scanner in relation to a person under a hand held scanner authority and the scanner indicates that metal is, or is likely to be, present, the member may require the person:
(a) to produce the thing that may be causing the hand held scanner to indicate the presence, or likely presence, of metal; and
(b) to resubmit to the use of a hand held scanner.
(2) To avoid doubt, a member may exercise a power under subsection (1) even if the member is on board a public transport vehicle that travels out of an area mentioned in section 116KD(2)(b) or 116KE(2)(b).
Note for subsection (1)
See section 119AA, and section 19 of the Weapons Control Act 2001 , for the power of a member, without warrant, to search a person.
(1) Subsection (2) applies in relation to a restricted weapon that is produced by a person in compliance or purported compliance with a requirement under section 116KF.
(2) If a member suspects on reasonable grounds that possession of the restricted weapon is unlawful, the member may seize the weapon and remove it from the place where it is seized.
Note for subsection (2)
See section 116KM for the powers of members in relation to seized restricted weapons.
(1) This section applies to a member who exercises a power under a hand held scanner authority to require a person to stop and submit, or resubmit, to the use of a hand held scanner.
(2) The member must exercise the power in the least invasive way that is practicable in the circumstances.
(3) If reasonably practicable, the member must be of the same sex as the person.
(4) The member may detain the person for so long as is reasonably necessary to exercise the power.
(5) The member must:
(a) if requested by the person before or at any time during the exercise of the power – inform the person of the member's name, rank and place of duty; and
(b) if requested by the person – give the information mentioned in paragraph (a) in writing; and
(c) produce the member's identification for inspection by the person unless the member is in uniform; and
(d) inform the person that the person is required to allow the member to use a hand held scanner to determine whether the person is carrying a restricted weapon.
(1) A person commits an offence if the person:
(a) is required by a member under section 116KD, 116KE or 116KF:
(i) to stop and submit to the use of a hand held scanner; or
(ii) to produce a thing and resubmit to the use of a hand held scanner; and
(b) fails to comply with the requirement.
Maximum penalty: 8 penalty units.
(2) An offence against subsection (1) is an offence of strict liability.
(3) It is a defence to a prosecution for an offence against subsection (1) if the person has a reasonable excuse.
(4) A prosecution for an offence against subsection (1) must not be commenced unless the member who gave the requirement:
(a) complied with section 116KH(5); and
(b) warned the person that failure to comply with the requirement is an offence; and
(c) gave the person at least 2 opportunities to comply with the requirement, at least one of which was given after the warning mentioned in paragraph (b).
If a person fails to comply with a requirement of a member under section 116KD, 116KE or 116KF without a reasonable excuse, the member is taken to have reasonable grounds to suspect that a restricted weapon, the possession of which is unlawful, is in the possession of the person.
Note for section 116KJ
See section 119AA, and section 19 of the Weapons Control Act 2001 , for the power of a member, without warrant, to search a person on the basis of a suspicion mentioned in this section.
(1) The Commissioner must publish notice of a hand held scanner authority on the Agency's website within 2 months after the authority is issued.
(2) The notice must include the following information:
(a) a description of the suspected offence area, or the name of the high risk area or public transport facility, for which the hand held scanner authority was issued;
(b) the day and time the authority started and ended;
(c) information about:
(i) the offence or offences mentioned in section 116KB(3)(a) that were known to the Commissioner or approved member who issued the authority; and
(ii) the consideration by the Commissioner or approved member of the matters mentioned in section 116KB(3)(b) and (c) in relation to issuing the authority;
(d) for an authority issued for a suspected offence area – the grounds for the Commissioner's suspicion mentioned in section 116KB(1).
(1) The power conferred by this Division for a member to use a hand held scanner in relation to a person without a warrant does not confer power on a member to search a person without a warrant.
(2) This Division does not affect the power of a member to search a person without a warrant under another Division of this Part or under any other Act.
(1) This section applies in relation to a restricted weapon that is seized from a person:
(a) under section 116KG; or
(b) under section 119AA, or section 19 of the Weapons Control Act 2001 , during a search that occurs as a result of the person's failure to comply with a requirement of a member under section 116KD, 116KE or 116KF.
(2) A member may destroy the restricted weapon if the member:
(a) has reasonable grounds to suspect that possession of the weapon by the person was unlawful; and
(b) considers that destruction of the weapon is necessary for public safety.
(3) The destruction may occur at a police station or at any other place.
Notes for section 116KM
1 Section 21 of the Weapons Control Act 2001 applies in relation to seized restricted weapons (other than firearms) that are not destroyed under subsection (2).
2 Section 99A(2) and (3) of the Firearms Act 1997 apply in relation to seized firearms that are not destroyed under subsection (2).
The Commissioner may approve, in writing, a member of the rank of Senior Sergeant or Superintendent to be a member who may issue a hand held scanner authority.
(1) The Commissioner must give an annual report to the Minister on the operation of this Division within 3 months after the end of each financial year.
(2) The report must include the following information:
(a) the number of hand held scanner authorities issued during the financial year to which the annual report relates;
(b) a description of the suspected offence areas, and the names of the high risk areas and public transport facilities, for which the authorities were issued;
(c) information about:
(i) the number of restricted weapons that were detected using hand held scanners under the authorities; and
(ii) the number and type of offences detected as a result of the use of hand held scanners under the authorities.
(3) The annual report must not include any information that identifies, or is likely to lead to the identification of, an individual.
(4) If the annual report is not included in the annual report of the Agency, the Minister must table a copy of the report in the Legislative Assembly within 6 sitting days after the Minister receives the report.
(1) The Ombudsman must, as soon as practicable after the second anniversary of the commencement of this Division:
(a) conduct a review of the operation of this Division since the commencement; and
(b) prepare a report of the Ombudsman's findings; and
(c) give the report to the Minister.
(2) In conducting the review, the Ombudsman must consider:
(a) the exercise by members of the powers conferred by this Division; and
(b) whether those powers have been exercised appropriately.
(3) The Ombudsman may request from the Commissioner any information that the Ombudsman reasonably requires to conduct the review.
(4) Subject to subsection (5), the Commissioner must give the Ombudsman any information that the Ombudsman requests as soon as reasonably practicable after the request is made.
(5) The Commissioner may refuse to give certain information to the Ombudsman if the Commissioner believes on reasonable grounds that giving the information could:
(a) prejudice the investigation of a contravention (or possible contravention) of a law in force in the Territory; or
(b) prejudice any proceedings in a court or tribunal; or
(c) enable the existence or identity of a confidential source of information in relation to the enforcement or administration of a law to be ascertained; or
(d) endanger a person's life or physical safety; or
(e) prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of a law in force in the Territory.
(6) The Commissioner must give the Ombudsman written reasons for refusing to give any or all of the requested information.
(7) This section has effect despite the operation of any other law of the Territory that prohibits or restricts the disclosure of information.
The Minister must table a copy of a report received under section 116KP in the Legislative Assembly within 6 sitting days after the Minister receives it.