Document ID: chunk:federal_register_of_legislation:C2023A00096:clause:1_3
Version: federal_register_of_legislation:C2023A00096
Segment Type: clause
Provision Reference: sch 1 cl 3
Character Range: 3298–4676

3  After subsection 3UJ(1)
Insert:
 (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.