South Australian Consolidated Regulations

TERRORISM (POLICE POWERS) REGULATIONS 2006 - REG 5

5—Confirmation of special area declaration (section 19 of Act)

        (1)         An application by the Commissioner of Police to a relevant judicial officer seeking confirmation that the issuing of a special area declaration is appropriate in the circumstances—

            (a)         must be made in writing; and

            (b)         must be accompanied by a copy of the proposed special area declaration; and

            (c)         must set out details of the grounds on which the Commissioner of Police is satisfied that the declaration is required because of the nature of the site or area and the risk of occurrence of a terrorist act; and

            (d)         must be accompanied by an affidavit made by the Commissioner of Police verifying—

                  (i)         that the site or area specified in the proposed special area declaration is—

                        (A)         the site of an airport, train station, bus station, tram station or ship or ferry terminal; or

                        (B)         the site of a special event; or

                        (C)         a public area where persons gather in large numbers; and

                  (ii)         the grounds set out in the application.

        (2)         The Commissioner of Police must provide further information in relation to the application as required by the judicial officer and verify the information as required by the judicial officer.