Related NSW legislation
While there are specific terrorism related Powers and legislation, members of the New South Wales (NSW) Police Force are able to use any of the other regular powers or legislation available to them when preventing or investigating terrorist act. These are in addition to the special powers provided by the Terrorism (Police Powers) Act 2002 (NSW).
Some of the offences that may be committed by persons involved in terrorism, and their related NSW legislation are detailed below.
Please note that the references below only provide a brief description of each offence. For a more detail refer to the actual legislation.
Crimes Act 1900
- Section 18 – Murder
- Section 26 – Conspiracy to murder
- Section 48 – Causing explosive to be placed near building, vehicle, vessel, train or other conveyance or in a public place
- Section 55 – Possessing or manufacturing gunpowder, explosive substance or dangerous or noxious substance with intent to injure
- Section 86 – Kidnapping
- Section 93B – Riot
- Section 93C – Affray
- Section 93FA – Possess or make explosives
- Section 93G – Causing danger with firearms
- Section 93IH – False information that a person or property is endangered
- Section 93II – Leave or send article with intent to cause alarm
- Section 199 – Threatening to destroy or damage property
- Section 200 – Possession, custody or control of an article with intent
- Section 203B – Sabotage
- Section 204 – Destruction of/damage to an aircraft
- Section 207 – Placing dangerous articles on board an aircraft
- Section 208 – Threatening to destroy or damage, or endanger the safety of an aircraft and/or the people on board
- Section 310J – Membership of a terrorist organisation
- Section 545E – Possession of dangerous articles other than firearms
Firearms Act 1996
- Section 7 – Unauthorised possession of a firearm
Weapons Prohibition Act 1998
- Section 7 – Unauthorised possession or use of a prohibited weapon
Summary Offences Act 1998
- Section 11C – Custody of an offensive implement
Police also have general powers they can use in case of a terrorist incident which include:
State Emergency and Rescue Management Act 1989
- Section 60L – Power of police to evacuate
- Section 61 – Power of police to take other safety measures
- Section 61A – Power to enter premises
- Section 61D – Use of force
Police Act 1990
- Section 6 – Function of NSW Police Force
Law Enforcement (Powers and Responsibilities) Act 2002
- Section 99 – Power to arrest
- Section 42 – Power to search vessels/aircraft and seize things without warrant
- Section 43 – Power to board vessels
- Section 44 – Power to search aircraft for safety reasons
These offences could be used as an alternative to the terrorism offences if for example police could not prove that the offender had a particular political or religious cause.
The legal material contained in this website is for general information only. New South Wales Police cannot provide legal advice to members of the public. Legal advice about any issues arising could be obtained from a private lawyer, a Chamber Magistrate at a Local Court or a Community Legal Centre.