Crimes Act. Australia
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Название: Crimes Act

Автор: Australia

Издательство: Проспект

Жанр: Юриспруденция, право

Серия:

isbn: 9785392086412

isbn:

СКАЧАТЬ identified after reasonable inquiries; and

      (ii) the thing was not seized from a person; or

      (b) it is not possible to serve the person required to be served under subsection (1).

      (3) A seizure notice must:

      (a) identify the thing; and

      (b) state the date on which the thing was seized; and

      (c) state the ground or grounds on which the thing was seized; and

      (d) state that, if the owner does not request the return of the thing within 90 days after the date of the notice, the thing is forfeited to the Commonwealth.

      Forfeiture of thing seized

      (8) A thing is forfeited to the Commonwealth if the owner of the thing does not request its return:

      (a) before the end of the 90th day after the date of the seizure notice in relation to the thing; or

      (b) if subsection (2) applied in relation to the thing so that a seizure notice was not served — before the end of the 90th day after the day on which the thing was seized.

      3UH Relationship of Subdivision to other laws

      (1) The powers conferred, and duties imposed, by this Subdivision on police officers are in addition to, and not in derogation of, any other powers conferred, or duties imposed, by any other law of the Commonwealth or the law of a State or Territory.

      (2) This Division is not intended to exclude or limit the operation of any other law of the Commonwealth or the law of a State or Territory in so far as it is capable of operating concurrently with this Subdivision.

      Subdivision C

      Prescribed security zones

      3UI Applications for declarations

      A police officer may apply to the Minister for a declaration that a Commonwealth place be declared as a prescribed security zone.

      3UJ 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.

      Declaration has effect

      (2) A declaration under this section has effect accordingly.

      Duration of declaration

      (3) A declaration ceases to have effect at the end of 28 days after it is made, 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.

      Effect of failure to publish

      (6) A failure to comply with subsection (5) does not make the declaration or its revocation ineffective to any extent.

      Declaration or revocation not legislative instruments

      (7) A declaration or revocation made under this section is not a legislative instrument.

      Subdivision D

      Sunset provision

      3UK Sunset provision

      (1) A police officer must not exercise powers or perform duties under this Division (other than under section 3UF) after the end of 10 years after the day on which the Division commences.

      (2) A declaration under section 3UJ that is in force at the end of 10 years after the day on which this Division commences ceases to be in force at that time.

      (3) A police officer cannot apply for, and the Minister cannot make, a declaration under section 3UJ after the end of 10 years after the day on which this Division commences.

      Division 4

      Arrest and related matters

      3V Requirement to furnish name etc.

      (1) If a constable believes on reasonable grounds that a person whose name or address is, or whose name and address are, unknown to the constable may be able to assist the constable in inquiries in relation to an indictable offence that the constable has reason to believe has been or may have been committed, the constable may request the person to provide his or her name or address, or name and address, to the constable.

      (2) If a constable:

      (a) makes a request of a person under subsection (1); and

      (b) informs the person of the reason for the request; and

      (c) complies with subsection (3) if the person makes a request under that subsection;

      the person must not:

      (d) refuse or fail to comply with the request; or

      (e) give a name or address that is false in a material particular.

      (2A) Subsection (2) does not apply if the person has a reasonable excuse.

      Note: A defendant bears an evidential burden in relation to the matter in subsection (2A) (see subsection 13.3(3) of the Criminal Code).

      (3) СКАЧАТЬ