Document ID: chunk:federal_register_of_legislation:C2006C00754:clause:5_3uj
Version: federal_register_of_legislation:C2006C00754
Segment Type: clause
Provision Reference: sch 5 cl 3UJ
Character Range: 182258–184137

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