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Contents (2002 - 115)
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Terrorism (Police Powers) Act 2002 No 115
Current version for 28 November 2018 to date (accessed 6 April 2020 at 16:29)
Part 2AAA
Part 2AAA Police use of force—ongoing terrorist acts
24A   Police Commissioner may declare this Part applies to terrorist act to which police are responding
(1)  If the Commissioner of Police is satisfied that:
(a)  an incident to which police officers are responding is or is likely to be a terrorist act, and
(b)  planned and coordinated police action is required to defend any persons threatened by the terrorist act or to prevent or terminate their unlawful deprivation of liberty,
the Commissioner may declare that it is a terrorist act to which this Part applies.
(2)  A declaration may be made in respect of the specified location at which police officers are responding and in respect of any other related specified location.
(3)  The Commissioner of Police is to notify the police officer in charge of the police officers responding to the terrorist act that a declaration has been made under this Part.
(4)  Before or as soon as practicable after a declaration is made under this Part, the Commissioner of Police is to notify the Minister for Police of the declaration.
(5)  A Deputy Commissioner of Police may make and notify a declaration under this Part on behalf of the Commissioner of Police if satisfied that the Commissioner is not able to be contacted when a declaration is sought as a matter of urgency.
(6)  A declaration may be made under this Part orally or by instrument in writing. If the declaration is made orally, it must be confirmed by instrument in writing as soon as it is reasonably practicable to do so.
(7)  The Commissioner of Police may at any time revoke a declaration made under this Part, and must do so if no further police response is required at the location concerned. The Commissioner or a Deputy Commissioner of Police may revoke a declaration made by the Deputy Commissioner on behalf of the Commissioner.
24B   Use of force in relation to declared terrorist act
(1)  The police action that is authorised by this section when police officers respond to any incident that is declared to be a terrorist act to which this Part applies is authorising, directing or using force (including lethal force) that is reasonably necessary, in the circumstances as the police officer perceives them, to defend any persons threatened by the terrorist act or to prevent or terminate their unlawful deprivation of liberty.
(2)  A police officer does not incur any criminal liability for taking any such police action for the purposes of a police action plan of the police officer in charge of the police officers responding to the terrorist act.
(3)  This section applies only to action taken by a police officer in good faith.
(4)  If a declaration under this Part is revoked, this section continues to apply to any action taken by a police officer before the earlier of the following:
(a)  when the police officer became aware of the revocation of the declaration,
(b)  when the police officer, acting reasonably, ought to have been aware of the revocation of the declaration.
(5)  If a court finds that a purported declaration under this Part was not validly made, this section continues to apply to any action taken by a police officer before the finding as if it were a valid declaration.
(6)  This Part does not limit the powers of police officers to deal with a terrorist act, and police officers may exercise those powers whether or not the Commissioner of Police has been requested or has declined to make a declaration under this Part in relation to the terrorist act.
25   Annual reports to be given to Attorney General and Police Minister
(1)  The Commissioner of Police must report annually on the number of declarations made under this Part in relation to each year ended on 30 June.
(2)  Each report is to be provided, within 4 months after each 30 June, to the Police Minister and the Attorney General.
(3)  The report may be combined with any other annual report of the NSW Police Force.
(4)  The report is to be tabled in each House of Parliament as soon as practicable after it is received by the Attorney General.