Document ID: chunk:federal_register_of_legislation:C2025C00132:section:3uj:p1
Version: federal_register_of_legislation:C2025C00132
Segment Type: section
Provision Reference: s 3UJ (pt 1/2)
Character Range: 150826–153531

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.
 (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