Western Australian Legislation
Western Australia Terrorism (Extraordinary Powers) Act 2005 Western Australia Terrorism (Extraordinary Powers) Act 2005 Contents Part 1 — Preliminary 1. Short title 1 2. Commencement 1 3. Interpretation 1 4. "Reasonably suspects", meaning of 1 5. "Terrorist act", meaning of 1 Part 2 — Special police powers Division 1 — Preliminary 6. Interpretation 1 Division 2 — Commissioner's warrants 7. Warrant, issue of 1 8. Warrant, content of 1 9. Warrant, duration of 1 Division 3 — Powers under a Commissioner's warrant 10. Exercising powers, general matters 1 11. Target areas, powers in respect of 1 12. Personal details of certain people may be obtained 1 13. Certain people may be searched 1 14. Certain vehicles may be searched 1 15. Certain places may be entered and searched 1 16. Seizing things found 1 Division 5 — Miscellaneous 19. Government agency, directions to 1 20. Warrant not open to challenge while in effect 1 21. Report to Minister and Attorney General about warrant 1 Part 2A — Police use of force: ongoing terrorist acts 21A. Interpretation 1 21B. Non‑application of Part to certain officers 1 21C. Commissioner may declare this Part applies to terrorist act 1 21D. Declaration must be in writing 1 21E. Declaration may be revoked 1 21EA. Revocation must be in writing 1 21F. Police action authorised under declaration 1 21G. Part does not limit police powers relating to terrorism 1 21H. Commissioner's functions under this Part may be performed by authorised Deputy Commissioner 1 Part 3 — Covert search warrants 22. Interpretation 1 23. Authorising police officers to apply for a covert search warrant 1 24. Covert search warrant, application for 1 25. Covert search warrant, procedure for applying for 1 26. Covert search warrant, issue of 1 27. Covert search warrant, effect of 1 28A. Order to provide access to data 1 28. Execution of covert search warrant, report to judge about 1 29. No publication of information about covert search warrant 1 30. Annual report about covert search warrants 1 Part 4 — Miscellaneous 31. Commissioner's functions may be performed by others 1 31A. Power to appoint special officers 1 31B. Provisions relating to special officer appointments 1 31C. Functions of special officers 1 32. Orders by police officers, offence to not obey 1 33. Regulations 1 34. Review of Act 1 35. Expiry of Act 1 Schedule 1 — Ancillary provisions about exercising powers 1. When powers may be exercised 1 2. Assistance to exercise powers 1 3. Force, use of when exercising powers 1 4. Animals, use of when exercising powers 1 5. Areas may be cordoned off 1 6. Seizing things, ancillary powers for 1 7. Seizing records, ancillary powers for 1 8. Returning seized things 1 Schedule 2 — Searching people Division 1 — Preliminary 1. Interpretation 1 2. "Basic search", meaning of 1 3. "Strip search", meaning of 1 4. Gender of person, ascertaining 1 5. Powers to assist doing searches 1 Division 2 — How searches must be done 6. Operation of this Division 1 7. General procedure 1 8. Strip searches of protected people 1 Notes Compilation table 1 Uncommenced provisions table 1 Defined terms Western Australia Terrorism (Extraordinary Powers) Act 2005 An Act to provide powers to prevent and respond to terrorist acts. The Parliament of Western Australia enacts as follows:
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