Terrorism (Police Powers) Regulation 2021 (2021-466) (NSW)

Terrorism (Police Powers) Regulation 2021

1 Name of Regulation This Regulation is the Terrorism (Police Powers) Regulation 2021.

2 Commencement This Regulation commences on the day on which it is published on the NSW legislation website.

Note— This Regulation repeals and replaces the Terrorism (Police Powers) Regulation 2016, which would otherwise be repealed on 1 September 2021 by the Subordinate Legislation Act 1989, section 10(2).

3 Definitions In this Regulation— eligible Judge has the same meaning as in the Act, Part 3. the Act means the Terrorism (Police Powers) Act 2002.

Note— The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.

4 Detainees under preventative detention orders—exclusion of certain provisions For the purposes of the Act, section 26X(3), the subject is excluded from the application of the following provisions— (a) the Crimes (Administration of Sentences) Act 1999, sections 19–22, 25–38, 41C, 41D, 47–50, 66–71 and 228, (b) the Crimes (Administration of Sentences) Regulation 2014, clauses 5(f), 20–32, 64, 66, 74–86, 110–118, 165–167 and 169, to the extent that it would enable an inmate to speak to the Official Visitor, and Schedule 1, items 6 and 7, (c) provisions of a regulation made under the Crimes (Administration of Sentences) Act 1999, section 79(1)(i)–(l).

5 Covert search warrants—delegates who may authorise applications for warrants For the purposes of the Act, section 27E(2), the following positions are prescribed— (a) the Assistant Commissioner responsible for counter terrorism, (b) the Superintendent responsible for counter terrorism investigations.

6 Covert search warrants—keeping and inspection of records (1) For the purposes of the Act, section 27L(2), the following records must be kept— (a) a written application for a covert search warrant, (b) a record relating to the warrant made by or on behalf of an eligible Judge, (c) a copy of an occupier's notice, (d) a report on the execution of the warrant. (2) The records must be made available, at the Supreme Court registry, for inspection by the following persons during the ordinary business hours of the registry— (a) a person who, when the warrant was executed, occupied the premises to which the warrant relates, (b) another person who is given an occupier's notice relating to the warrant under the Act.