Commonwealth Consolidated Acts Commonwealth Consolidated ActsWhen may a direction be given?
(1) A constable or a protective service officer may give a person a direction under this section if:
(a) the direction is given at a major airport; and
(b) one or more of the following applies:
(i) the constable or officer considers on reasonable grounds that the person has contravened a direction given at that airport under section 3UP (identity information at airports) or section 3US (stop and directions powers at airports), and the constable or officer is not reasonably satisfied of the person's identity;
(ii) the constable or officer suspects on reasonable grounds that it is necessary to give the direction to prevent or disrupt relevant criminal activity occurring at any major airport, or in relation to a flight to or from any major airport;
(iii) the constable or officer considers on reasonable grounds that it is necessary to give the direction to safeguard the public order and safe operation of that airport or another major airport.
(2) Relevant criminal activity is criminal activity involving the commission of an offence that is punishable by imprisonment for 12 months or more, against either of the following:
(a) a law of the Commonwealth or a Territory;
(b) a law of a State having a federal aspect.
What type of direction may be given?
(3) The constable or officer may give a written direction to the person requiring the person to do either or both of the following:
(a) not to take a specified flight, or any flight, to or from that airport, or any specified major airport, for a specified period of no more than 24 hours after the direction is given;
(b) to leave the airport as soon as practicable, and not enter that airport, or any other specified major airport, for a specified period of no more than 24 hours after the direction is given.
(4) However, a direction covering a period of more than 12 hours must be given, or authorised (orally or in writing) , by a senior police officer.
Note: In addition, if, before a direction (the later direction ) is given to a person, a direction had already been given to the same person within a period of 7 days before the later direction is given, the later direction must be given or authorised by a senior police officer even if the period covered by the later direction is 12 hours or less (see subsection (9)).
(5) If a senior police officer orally authorises a direction under subsection (4), the senior police officer must record the authorisation in writing as soon as practicable afterwards.
(6) A senior police officer is a constable:
(a) having the rank of sergeant or an equivalent rank, or higher; or
(b) with formal authorisation to act as a constable having such a rank.
(7) A direction given to a person under this section must be in a form approved in writing by the Minister.
(8) A form approved for the purposes of subsection (7) must, without limitation, include the following to assist a person to whom a direction is given to apply for judicial review, or interlocutory orders, in relation to the giving of the direction:
(a) details to enable the person to contact a Federal Court registry in the State or Territory in which the direction is given, or a requirement for the constable or officer giving the direction to include such details;
(b) any other information the Minister considers appropriate to assist the person to make such applications, for example information relating to the procedure for urgent or expedited applications.
Restriction on later directions within 7 days
(9) After a direction (the earlier direction ) is given to a person under this section, a later direction under this section may be given to a person within 7 days after the earlier direction was given only if:
(a) subsection (1) applies (or continues to apply) in relation to the person at the time the later direction is given; and
(b) the later direction is given, or authorised (orally or in writing), by a senior police officer; and
(c) no more than one later direction under this section is given within that 7 - day period; and
(d) the later direction covers a period that would end no later than 7 days after the earlier direction was given, at the same time of day at the place at which the earlier direction was given.