Section 3UJ — Crimes Act 1914: Minister may make declarations

Declaration (1) The Minister may declare, in writing, a Commonwealth place to be a prescribed security zone if he or she considers that a declaration would assist: (a) in preventing a terrorist act occurring; or (b) in responding to a terrorist act that has occurred. (1A) In deciding whether to make a declaration under subsection (1) in relation to a Commonwealth place on the ground mentioned in paragraph (1)(a) or (b), the Minister must have regard to: (a) whether the impact of the declaration on the rights of persons in the Commonwealth place would be: (i) reasonable; and (ii) proportionate to that ground; and (b) the appropriate duration of the declaration; and (c) in the case of a declaration made on the ground mentioned in paragraph (1)(a)—the availability and effectiveness of any powers that: (i) are conferred by a law of the Commonwealth (other than this Division) or a law of a State or Territory; and (ii) would assist in preventing a terrorist act occurring; and (d) in the case of a declaration made on the ground mentioned in paragraph (1)(b)—the availability and effectiveness of any powers that: (i) are conferred by a law of the Commonwealth (other than this Division) or a law of a State or Territory; and (ii) would assist in responding to a terrorist act that has occurred; and (e) in the case of a declaration that is one of a series of successive declarations under subsection (1) in relation to the Commonwealth place—the impact and proportionality of that series of successive declarations; and (f) such other matters (if any) as the Minister considers relevant. Declaration has effect (2) A declaration under this section has effect accordingly. Duration of declaration (3) A declaration ceases to have effect: (a) at the end of 28 days after it is made; or (b) if a shorter period is specified in the declaration—at the end of the shorter period; unless the declaration is revoked by the Minister before then. Revocation of declaration (4) The Minister must revoke a declaration, in writing, if he or she is satisfied that: (a) in the case of a declaration made on the ground mentioned in paragraph (1)(a)—there is no longer a terrorism threat that justifies the declaration being continued; or (b) in the case of a declaration made on the ground mentioned in paragraph (1)(b)—the declaration is no longer required. Gazettal and publication of declaration (5) If a declaration of a Commonwealth place as a prescribed security zone under this section is made or revoked, the Minister must arrange for: (a) a statement to be prepared that: (i) states that the declaration has been made or revoked, as the case may be; and (ii) identifies the prescribed security zone; and (b) the statement to be: (i) broadcast by a television or radio station so as to be capable of being received within the place; and (ii) published in the Gazette; and (iii) published on the internet. Notification of declaration (5A) If a declaration of a Commonwealth place as a prescribed security zone under this section is made at a particular time, the Commissioner must: (a) as soon as practicable after that time; and (b) in any event, within 72 hours after that time; arrange for: (c) a statement to be prepared that: (i) states that the declaration has been made; and (ii) identifies the prescribed security zone; and (d) the statement to be given to: (i) the Commonwealth Ombudsman; and (ii) the Independent National Security Legislation Monitor; and (iii) the Parliamentary Joint Committee on Intelligence and Security. Reasons for making determination (5B) If a declaration was made under this section in relation to a Commonwealth place, the Minister must: (a) give the Parliamentary Joint Committee on Intelligence and Security a written statement setting out the reasons for the making of the declaration; and (b) do so as soon as practicable after the declaration was made. Effect of failure to publish or notify (6) A failure to comply with subsection (5) or (5A) does not make the declaration or its revocation ineffective to any extent. Effect of failure to give statement of reasons (6A) A failure to comply with subsection (5B) does not make the declaration ineffective to any extent. Declaration or revocation not legislative instruments (7) A declaration or revocation made under this section is not a legislative instrument.