Australian Capital Territory Consolidated Acts

TERRORISM (EXTRAORDINARY TEMPORARY POWERS) ACT 2006 - NOTES

Dictionary

(see s 3)

Note 1     The Legislation Act contains definitions and other provisions relevant to this Act.

Note 2     For example, the Legislation Act, dict, pt 1, defines the following terms:

              •     chief police officer

              •     child

              •     exercise

              •     function

              •     home address

              •     human rights commissioner

              •     in relation to

              •     intersex person (see s 169B)

              •     legal aid commission

              •     public advocate

              •     transgender person (see s 169A (1) and (2)).

"Commonwealth Criminal Code" means the Criminal Code Act 1995 (Cwlth), schedule.

"corresponding preventative detention law"—see section 9.

"corresponding preventative detention order"—see section 9.

"death"—see the Criminal Code, dictionary.

"engage "in conduct means—

        (a)     do an act; or

        (b)     omit to do an act.

"frisk search"—see schedule 1, section 1.2.

"harm", to a person—see the Criminal Code, dictionary.

"identification material", for a person—see section 9.

"impaired decision-making ability"—see the Guardianship and Management of Property Act 1991, section 6.

interim preventative detention order (or interim order)—see section 9.

"investigative authorisation"—see section 63.

"nominated senior police officer", in relation to a preventative detention order made for a person—see section 36.

"ordinary search"—see schedule 1, section 1.2.

part 2 application—see section 9.

"physical harm", to a person, includes unconsciousness, pain, disfigurement, infection with a disease and any physical contact with the person that the person might reasonably object to in the circumstances (whether or not the person was aware of it at the time).

"possession", of a thing, includes—

        (a)     having control over the disposition of the thing; and

        (b)     having joint possession of the thing.

"premises" includes—

        (a)     land; and

        (b)     a structure, building or vehicle; and

        (c)     any part of a structure, building or vehicle; and

        (d)     any place whether built on or not.

"preventative authorisation"—see section 63.

"preventative detention order"—see section 9.

"prohibited contact order"—see section 9.

"senior police officer" means the chief police officer or another police officer of or above the rank of superintendent.

"serious harm" —see the Criminal Code, dictionary.

"serious offence" means an offence punishable by imprisonment for life or for a term of 5 years or longer.

"special powers authorisation"—see section 63.

"strip search"—see schedule 1, section 1.2.

"target area", in relation to a special powers authorisation—see section 63.

"target person", in relation to a special powers authorisation—see section 63.

"target vehicle", in relation to a special powers authorisation—see section 63.

"terrorist act"—see section 6.

"torture"—see section 96.

"vehicle"—see section 63.

Endnotes

1     About the endnotes

Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.

Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office.

Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history.

If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.

The endnotes also include a table of earlier republications.

2     Abbreviation key

A = Act	NI = Notifiable instrument
AF = Approved form	o = order
am = amended	om = omitted/repealed
amdt = amendment	ord = ordinance
AR = Assembly resolution	orig = original
ch = chapter	par = paragraph/subparagraph
CN = Commencement notice	pres = present
def = definition	prev = previous
DI = Disallowable instrument	(prev...) = previously
dict = dictionary	pt = part
disallowed = disallowed by the Legislative	r = rule/subrule
Assembly	reloc = relocated
div = division	renum = renumbered
exp = expires/expired	R[X] = Republication No
Gaz = gazette	RI = reissue
hdg = heading	s = section/subsection
IA = Interpretation Act 1967	sch = schedule
ins = inserted/added	sdiv = subdivision
LA = Legislation Act 2001	SL = Subordinate law
LR = legislation register	sub = substituted
LRA = Legislation (Republication) Act 1996	underlining = whole or part not commenced
mod = modified/modification	or to be expired

3     Legislation history

Terrorism (Extraordinary Temporary Powers) Act 2006 A2006-21

notified LR 19 May 2006

s 1, s 2 commenced 19 May 2006 (LA s 75 (1))

remainder commenced 19 November 2006 (s 2 and LA s 79)

Note     This Act expires on 19 November 2016 (s 101)

as amended by

Statute Law Amendment Act 2009 (No 2) A2009-49 sch 3 pt 3.74

notified LR 26 November 2009

s 1, s 2 commenced 26 November 2009 (LA s 75 (1))

sch 3 pt 3.74 commenced 17 December 2009 (s 2)

Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.152

notified LR 30 June 2011

s 1, s 2 commenced 30 June 2011 (LA s 75 (1))

sch 1 pt 1.152 commenced 1 July 2011 (s 2 (1))

Terrorism (Extraordinary Temporary Powers) Amendment Act 2011 A2011-39

notified LR 1 November 2011

s 1, s 2 commenced 1 November 2011 (LA s 75 (1))

remainder commenced 2 November 2011 (s 2)

4     Amendment history

Commencement
s 2     om LA s 89 (4)

No preventative detention orders for children
s 11     am A2011-39 s 4, s 5; ss renum R4 LA

Setting aside or amending preventative detention orders
s 31     am A2011-22 amdt 1.439; A2011-39 s 6

Power to require name and address
s 38     am A2009-49 amdt 3.190

Detention arrangements
s 43     am A2011-22 amdt 1.436, amdt 1.439

Exercising authorised special powers—general provisions
s 78     am A2011-39 s 7, s 8; pars renum R4 LA

Power to give directions to directorates etc for special powers
s 89     sub A2011-22 amdt 1.437

Delegation by chief police officer
s 97     am A2011-22 amdt 1.438

Annual report on use and effectiveness of Act
s 98     am A2011-22 amdt 1.439

Transitional provision—references to correctional centre
s 99     exp 19 November 2006 (s 99 (2) (a))

Review of Act after 8 years of operation
s 100     sub A2011-39 s 9

Expiry of Act etc
s 101     am A2011-39 s 10

Dictionary
dict     am A2009-49 amdt 3.191

5     Earlier republications

Some earlier republications were not numbered. The number in column 1 refers to the publication order.

Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.

Republication No and date	Effective	Last amendment made by	Republication for
R1 19 Nov 2006	19 Nov 2006– 16 Dec 2009	not amended	new Act
R2 17 Dec 2009	17 Dec 2009– 30 June 2011	A2009-49	amendments by A2009-49
R3 1 July 2011	1 July 2011– 1 Nov 2011	A2011-22	amendments by A2011-22

© Australian Capital Territory 2011

Australian Capital Territory

A2006-21

Republication No 4

Effective: 2 November 2011

Republication date: 2 November 2011

Last amendment made by A2011-39





Unauthorised version prepared by ACT Parliamentary Counsel's Office

About this republication

The republished law

This is a republication of the Terrorism (Extraordinary Temporary Powers) Act 2006

(including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 2 November 2011

. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 2 November 2011

.

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel's Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):

              • authorised republications to which the Legislation Act 2001 applies

              • unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication includes amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.

Penalties

At the republication date, the value of a penalty unit for an offence against this law is $110 for an individual and $550 for a corporation (see Legislation Act 2001, s 133).

Australian Capital Territory

Terrorism (Extraordinary Temporary Powers) Act 2006

Endnotes103

Terrorism (Extraordinary Temporary Powers) Act 2006