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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 20 February 2020 at 19:37)
Part 3 Division 1
Division 1 Preliminary
27A   Definitions
(1)  In this Part:
eligible Judge—see section 27B.
eligible police officer means a police officer who is employed within a group of staff of the NSW Police Force who are designated by the Commissioner of Police as the terrorism investigation group for the NSW Police Force.
occupier’s notice means an occupier’s notice referred to in section 27U or 27V.
premises includes vehicle.
subject premises, in relation to a warrant or an application for a warrant, means premises the subject of the warrant or the application (as the case may be).
telephone warrant means a warrant referred to in section 27I.
(2)  In this Part, terrorist act includes an offence against section 310J of the Crimes Act 1900 (Membership of terrorist organisation). In that case, a reference in this Part:
(a)  to a terrorist act that has been, is being, or is likely to be, committed is a reference to an offence against that section that is being committed, and
(b)  to responding to or preventing a terrorist act is a reference to obtaining or providing evidence of the commission of an offence against that section.
(3)  For the purpose of this Part, a reference to the search of premises includes a reference to the search for information that may be derived from, or anything on, premises.
27B   Eligible Judges
(1)  In this Part:
eligible Judge means a Judge in relation to whom a consent under subsection (2) and a declaration under subsection (3) are in force.
(2)  A Judge of the Supreme Court may, by instrument in writing, consent to be nominated by the Attorney General under subsection (3).
(3)  The Attorney General may, by instrument in writing, declare Judges in relation to whom consents are in force under subsection (2) to be eligible Judges for the purposes of this Part.
(4)  An eligible Judge has, in relation to the exercise of a function conferred on an eligible Judge by this Part, the same protection and immunity as a Judge of the Supreme Court has in relation to proceedings in the Supreme Court.
(5)  A Judge who has given consent under this section may, by instrument in writing, revoke the consent.
(6)  A declaration of an eligible Judge under subsection (3) cannot be revoked by the Attorney General. However, the declaration of a Judge as an eligible Judge is revoked if:
(a)  the eligible Judge revokes his or her consent in accordance with subsection (5) or ceases to be a Judge, or
(b)  the Chief Justice notifies the Attorney General that the Judge should not continue to be an eligible Judge.
(7)  To avoid doubt, the selection of the eligible Judge to exercise any particular function conferred on eligible Judges is not to be made by the Attorney General or other Minister of the Crown, and the exercise of that particular function is not subject to the control and direction of the Attorney General or other Minister of the Crown.