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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 10 April 2020 at 10:28)
Part 3 Division 5
Division 5 Miscellaneous
27X   Death or absence of eligible Judge who issued covert search warrant
If the eligible Judge who issued a covert search warrant has died, has ceased to be an eligible Judge or is absent:
(a)  a warrant required to be provided to that Judge under section 27I, or
(b)  a report required to be provided to that Judge under section 27S, or
(c)  an occupier’s notice required to be provided to that Judge under section 27U or 27V, or
(d)  a power exercisable by that Judge under section 27U or 27V,
may be provided to, or may be exercised by, as the case may be, any other eligible Judge.
27Y   Applications to be dealt with in absence of public
Applications under this Part and any other matters arising under this Part that are dealt with by an eligible Judge are to be dealt with in the absence of the public.
27Z   False or misleading information in applications or reports to eligible Judge
(1)  A person must not, in or in connection with an application for a covert search warrant, a report or an occupier’s notice, give information to an eligible Judge that the person knows to be false or misleading in a material particular.
Maximum penalty: 100 penalty units or imprisonment for 2 years, or both.
(2)  This section applies to an application for a telephone warrant as well as an application for a covert search warrant made in person.
(3)  This section applies whether or not the information given is also verified on oath or affirmation or by affidavit.
27ZA   Publication of documents
(1)  A person must not intentionally or recklessly publish an application for a covert search warrant, a report prepared under section 27S, an occupier’s notice or any information directly derived from such an application, report or notice unless:
(a)  an occupier’s notice that relates to the execution of the warrant has been given under section 27U, or
(b)  directions have been given in relation to the giving of the occupier’s notice under section 27U (6).
Maximum penalty: 50 penalty units or imprisonment for 12 months, or both.
(2)  This section does not make it an offence to publish any application, report, notice or information if the publication is for the purposes of:
(a)  exercising any functions under this Part, or
(b)  the internal management of the NSW Police Force, the Supreme Court or the Attorney General’s Department.
27ZB   Annual reports to be given to Attorney General and Police Minister
(1)  The Commissioner of Police must report annually on the exercise of powers under this Part by eligible police officers.
(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 is to specify the following matters in relation to the year ended on that 30 June:
(a)  the number of applications for covert search warrants made under this Part and the number of those applications granted,
(b)  the number of applications for telephone warrants and the number of those applications granted,
(c)  the number of covert search warrants executed,
(d)  the number of covert search warrants under which any things were seized,
(e)  the number of covert search warrants under which any things were placed in substitution for seized things,
(f)  the number of covert search warrants under which any things were returned or retrieved,
(g)  the number of covert search warrants under which any things were copied, photographed or otherwise recorded,
(h)  the number of covert search warrants under which any electronic equipment was operated by eligible police officers,
(i)  the number of covert search warrants under which any things were tested,
(j)  the number of arrests made in connection with a terrorist act in respect of which a covert search warrant was executed and the number of those arrests that have led to the laying of charges in relation to the terrorist act,
(k)  the number of complaints that are made under any Act about conduct relating to the execution of a covert search warrant by an eligible police officer and the number of those complaints that are, or have been, the subject of an investigation under any Act,
(l)  any other matters requested by the Police Minister or the Attorney General.
(4)  The report may be combined with any other annual report of the NSW Police Force.
(5)  The report is to be tabled in each House of Parliament as soon as practicable after it is received by the Attorney General.
27ZC   Monitoring by Law Enforcement Conduct Commission
(1)  The Law Enforcement Conduct Commission is to keep under scrutiny the exercise of powers conferred on members of the NSW Police Force by this Part.
(2)  For that purpose, the Law Enforcement Conduct Commission may require the Commissioner of Police or the Secretary of the Department of Justice to provide information about the exercise of those powers.
(2A)  The Commissioner of Police must provide the information required by the Law Enforcement Conduct Commission, but may provide it subject to any one or more of the following conditions:
(a)  that any officer of the Commission (within the meaning of the Law Enforcement Conduct Commission Act 2016) who is to have access to the information has been given a security clearance at an appropriate level by the Commonwealth,
(b)  that the information is not made public by the Commission without consulting the Commissioner of Police on whether making the information public would reveal police methodology or ongoing operations, or would jeopardise relevant information-sharing relationships,
(c)  in the case of information of particular sensitivity identified by the Commissioner of Police, that only Commissioners of the Commission are to have access to the information.
(2B)  The Commissioner of Police may only redact or withhold information required by the Law Enforcement Conduct Commission for either or both of the following reasons, and must specify when and the reason the information is redacted or withheld:
(a)  the information identifies an informant or a police officer operating covertly,
(b)  provision of the information contravenes a law of the Commonwealth.
(3)  The Law Enforcement Conduct Commission must, every three years, prepare a report on the exercise of those powers and furnish a copy of the report to the Attorney General and the Minister for Police.
(4)  The Attorney General is to lay (or cause to be laid) a copy of the report before both Houses of Parliament as soon as practicable after the Attorney General receives the report.
(5)  If a House of Parliament is not sitting when the Attorney General seeks to lay a report before it, the Attorney General may present copies of the report to the Clerk of the House concerned.
(6)  The report:
(a)  is, on presentation and for all purposes, taken to have been laid before the House, and
(b)  may be printed by authority of the Clerk of the House, and
(c)  if so printed, is for all purposes taken to be a document published by or under the authority of the House, and
(d)  is to be recorded:
(i)  in the case of the Legislative Council, in the Minutes of the Proceedings of the Legislative Council, and
(ii)  in the case of the Legislative Assembly, in the Votes and Proceedings of the Legislative Assembly,
on the first sitting day of the House after receipt of the report by the Clerk.
(7)  The report is to be included with the report prepared by the Law Enforcement Conduct Commission under section 26ZO so long as the requirements of this section are complied with in relation to the report prepared under this section.
(8)  The first report under this section after the commencement of this subsection as inserted by the Law Enforcement Conduct Commission Act 2016 is to be prepared at the same time as the next report under section 26ZO is to be prepared.