Terrorism (Extraordinary Powers) Act 2005 (WA)

Western Australia Terrorism (Extraordinary Powers) Act 2005 Western Australia Terrorism (Extraordinary Powers) Act 2005 Contents Part 1 — Preliminary 1. Short title 1 2. Commencement 1 3. Interpretation 1 4. "Reasonably suspects", meaning of 1 5. "Terrorist act", meaning of 1 Part 2 — Special police powers Division 1 — Preliminary 6. Interpretation 1 Division 2 — Commissioner's warrants 7. Warrant, issue of 1 8. Warrant, content of 1 9. Warrant, duration of 1 Division 3 — Powers under a Commissioner's warrant 10. Exercising powers, general matters 1 11. Target areas, powers in respect of 1 12. Personal details of certain people may be obtained 1 13. Certain people may be searched 1 14. Certain vehicles may be searched 1 15. Certain places may be entered and searched 1 16. Seizing things found 1 Division 5 — Miscellaneous 19. Government agency, directions to 1 20. Warrant not open to challenge while in effect 1 21. Report to Minister and Attorney General about warrant 1 Part 2A — Police use of force: ongoing terrorist acts 21A. Interpretation 1 21B. Non‑application of Part to certain officers 1 21C. Commissioner may declare this Part applies to terrorist act 1 21D. Declaration must be in writing 1 21E. Declaration may be revoked 1 21EA. Revocation must be in writing 1 21F. Police action authorised under declaration 1 21G. Part does not limit police powers relating to terrorism 1 21H. Commissioner's functions under this Part may be performed by authorised Deputy Commissioner 1 Part 3 — Covert search warrants 22. Interpretation 1 23. Authorising police officers to apply for a covert search warrant 1 24. Covert search warrant, application for 1 25. Covert search warrant, procedure for applying for 1 26. Covert search warrant, issue of 1 27. Covert search warrant, effect of 1 28A. Order to provide access to data 1 28. Execution of covert search warrant, report to judge about 1 29. No publication of information about covert search warrant 1 30. Annual report about covert search warrants 1 Part 4 — Miscellaneous 31. Commissioner's functions may be performed by others 1 31A. Power to appoint special officers 1 31B. Provisions relating to special officer appointments 1 31C. Functions of special officers 1 32. Orders by police officers, offence to not obey 1 33. Regulations 1 34. Review of Act 1 35. Expiry of Act 1 Schedule 1 — Ancillary provisions about exercising powers 1. When powers may be exercised 1 2. Assistance to exercise powers 1 3. Force, use of when exercising powers 1 4. Animals, use of when exercising powers 1 5. Areas may be cordoned off 1 6. Seizing things, ancillary powers for 1 7. Seizing records, ancillary powers for 1 8. Returning seized things 1 Schedule 2 — Searching people Division 1 — Preliminary 1. Interpretation 1 2. "Basic search", meaning of 1 3. "Strip search", meaning of 1 4. Gender of person, ascertaining 1 5. Powers to assist doing searches 1 Division 2 — How searches must be done 6. Operation of this Division 1 7. General procedure 1 8. Strip searches of protected people 1 Notes Compilation table 1 Uncommenced provisions table 1 Defined terms Western Australia Terrorism (Extraordinary Powers) Act 2005 An Act to provide powers to prevent and respond to terrorist acts. The Parliament of Western Australia enacts as follows: Part 1 — Preliminary 1. Short title This is the Terrorism (Extraordinary Powers) Act 2005. 2. Commencement (1) Subject to subsection (2), this Act comes into operation on the 28th day after the day on which it receives the Royal Assent. (2) Part 3 comes into operation on a day to be fixed by proclamation. 3. Interpretation In this Act — Commissioner means the Commissioner of Police appointed under the Police Act 1892 or a person acting in that office; data includes any record, any computer program, and any part of a computer program, in a digital, electronic or magnetic form; judge means a judge of the Supreme Court; place means any land, building or structure, or a part of any land, building or structure; reasonably suspects has the meaning given by section 4; record means any record of information, irrespective of how the information is recorded or stored or able to be recovered and includes — (a) any thing from which images, sounds or writings can be reproduced, with or without the aid of anything else; and (b) any thing on which information is recorded or stored, whether electronically, magnetically, mechanically or by some other means; serious indictable offence means an indictable offence the penalty specified by a written law for which is or includes imprisonment for 5 years or more or for life; terrorist act has the meaning given to that term by section 5; thing connected with a terrorist act means a thing that was or may have been used, is or may be being used, or is about to be or may be used — (a) to do a terrorist act; or (b) in preparing to do a terrorist act; vehicle means any thing capable of transporting people or things by air, road, rail or water, and it does not matter how the thing is moved or propelled. [Section 3 amended: No. 39 of 2015 s. 4.] 4. "Reasonably suspects", meaning of For the purposes of this Act, a person reasonably suspects something at a relevant time if he or she, acting in good faith, personally has grounds at the time for suspecting the thing and those grounds (even if they are subsequently found to be false or non existent), when judged objectively, are reasonable. 5. "Terrorist act", meaning of (1) In this section — jurisdiction means this State, another State, a Territory, the Commonwealth, or a foreign country; person means a person in any jurisdiction; property means property in any jurisdiction. (2) In this Act terrorist act means an act that — (a) is an act that falls within subsection (3) but not within subsection (4); (b) is done with the intention of advancing a political, religious or ideological cause; and (c) is done with the intention of — (i) coercing, or influencing by intimidation, the government of, or of a part of, any jurisdiction; or (ii) intimidating the public, or a section of the public, of any jurisdiction. (3) An act falls within this subsection if it — (a) causes a person's death; (b) causes serious physical harm to a person; (c) endangers a person's life, other than the life of the person doing the act; (d) creates a serious risk to the health or safety of the public; (e) causes serious damage to property; or (f) seriously interferes with, seriously disrupts, or destroys, an electronic system including, but not limited to — (i) an information system; (ii) a telecommunications system; (iii) a financial system; (iv) a system used for the delivery of essential government services; (v) a system used for, or by, an essential public utility; (vi) a system used for, or by, a transport system. (4) An act falls within this subsection if it — (a) is advocacy, protest, dissent or industrial action; and (b) is not intended — (i) to cause a person's death; (ii) to cause serious physical harm to a person; (iii) to endanger a person's life, other than the life of the person doing the act; (iv) to create a serious risk to the health or safety of the public. Part 2 — Special police powers Division 1 — Preliminary 6. Interpretation In this Part — Commissioner's warrant means a warrant issued under Division 2; target area means an area specified as such in a Commissioner's warrant; target person means a person specified as such in a Commissioner's warrant; target vehicle means a vehicle specified as such in a Commissioner's warrant. Division 2 — Commissioner's warrants 7. Warrant, issue of (1) The Commissioner may issue a warrant that authorises police officers to exercise the powers in Division 3. (2) The Commissioner must not issue such a warrant unless he or she is satisfied there are reasonable grounds to suspect — (a) that a terrorist act has been, is being, or is about to be, committed, whether in or outside this State; and (b) that the exercise of the powers in Division 3 will substantially assist in achieving one or more of these purposes — (i) to prevent the terrorist act; (ii) to minimise the risk to the safety or health of the public, or any section of the public, in this State arising from the act; (iii) to find a person in this State who is or may be connected with the terrorist act; (iv) to find a vehicle in this State that is or may be connected with the terrorist act; (v) to carry out investigations in this State into the terrorist act, and obtain evidence in this State relevant to the terrorist act. (3) The Commissioner must not issue such a warrant without the prior approval of a judge but, if there is an urgent need to issue it and a judge cannot be contacted to request approval, may issue it without such approval. (4) If the Commissioner issues such a warrant without the prior approval of a judge, the warrant ceases to have effect if — (a) a judge subsequently refuses to approve its issue; or (b) a judge does not approve its issue within 24 hours after its issue, whichever happens first. (5) As soon as practicable after the Commissioner issues such a warrant, he or she must give a written report to the Minister that — (a) states the terms of the warrant; (b) describes generally the grounds for, and the information relied on when, issuing the warrant; and (c) states for how long the warrant has effect. (6) A judge who refuses to approve the issue of a warrant must give the Commissioner written reasons for the refusal. [Section 7 amended: No. 39 of 2015 s. 5.] 8. Warrant, content of (1) A Commissioner's warrant must be in writing but, if it is not practicable to issue it in writing because of an urgent need to issue it — (a) it may be issued orally with details recorded contemporaneously; and (b) if it is issued orally, it must be put in writing as soon as practicable after it is issued and in any event within 6 hours. (2) A Commissioner's warrant — (a) must be directed to all police officers; (b) must state that it is issued under this Act; (c) must describe the general nature of the terrorist act in respect of which it is issued; (d) must name or describe (if necessary by using a picture or other visual depiction) one or more of the following — (i) an area of the State in which the powers in Division 3 may be exercised (the target area); (ii) a person sought (the target person) in connection with the terrorist act; (iii) a vehicle sought (the target vehicle) in connection with the terrorist act; (e) must state the date and time it is issued; (f) must state whether it has been approved by a judge; (g) must state the date and time when it will, unless before then it ceases to have effect under section 7(4) or is cancelled under section 9, cease to have effect; and (h) subject to subsection (1), must be signed by the Commissioner. (3) An area of the State stated under subsection (2)(d)(i) must not be larger than is reasonably necessary to allow the purposes for which the Commissioner's warrant is issued to be achieved effectively. (4) The date and time stated under subsection (2)(g) must not be more than 7 days after the date on which the warrant is issued. 9. Warrant, duration of (1) A Commissioner's warrant has effect until the date and time stated in it or until it ceases to have effect under section 7(4), or until it is cancelled under this section, whichever happens first. (2) The Commissioner may cancel a Commissioner's warrant at any time. (3) The life of a Commissioner's warrant cannot be extended but, subject to this Division, the Commissioner may issue a further warrant that has effect immediately a previously issued warrant ceases to have effect. Division 3 — Powers under a Commissioner's warrant 10. Exercising powers, general matters (1) While a Commissioner's warrant has effect, the powers in this Division may be exercised by any police officer in respect of the matters set out in the Commissioner's warrant. (2) A police officer may exercise those powers — (a) without any other warrant; and (b) even if he or she is not in possession of the Commissioner's warrant or a copy of it. (3) Schedule 1 applies in relation to exercising any power in this Division. (4) Before or when or as soon as practicable after exercising a power in this Division in relation to a person, a police officer must tell the person the reason for exercising the power. (5) A person in relation to whom a police officer is about to exercise or is exercising a power in this Division may request the officer to identify himself or herself. (6) A police officer requested by a person to identify himself or herself must — (a) give the person the officer's surname and rank; and (b) if the officer is not in uniform, show the person evidence that the officer is a police officer. (7) Subsections (5) and (6) do not affect the operation of the Criminal Investigation (Identifying People) Act 2002 section 16. 11. Target areas, powers in respect of (1) A police officer may order a person who the officer reasonably suspects is about to enter a target area not to enter the target area. (2) A police officer may order the person in charge of a vehicle that the officer reasonably suspects is about to enter a target area not to take the vehicle into the target area. (3) A police officer may order a person who the officer reasonably suspects is in a target area either — (a) to leave the target area; or (b) to remain in the target area. (4) If a police officer reasonably suspects that a vehicle is in a target area, the officer may — (a) order the person in charge of the vehicle either — (i) to remove it from the target area; or (ii) not to remove it from the target area; or (b) move the vehicle from the target area. 12. Personal details of certain people may be obtained (1) This section must be read as one with the Criminal Investigation (Identifying People) Act 2002. (2) In this section, a term that is not defined in this Act has the meaning given to it by the Criminal Investigation (Identifying People) Act 2002. (3) If a police officer reasonably suspects that a person whose personal details are unknown to the officer — (a) is about to enter, is in, or has recently left, a target area; (b) is a target person; (c) is in the company of a target person in suspicious circumstances; or (d) is in a target vehicle, the officer may exercise the powers in the Criminal Investigation (Identifying People) Act 2002 section 16 as if the person were reasonably suspected by the officer to be able to assist in the investigation of a suspected offence. (4) The Criminal Investigation (Identifying People) Act 2002 section 16, with any necessary changes, applies to and in respect of the exercise of the powers in subsection (3) as if the power were conferred by that Act. 13. Certain people may be searched (1) In this section, a term not defined in section 3 has the meaning given to it by Schedule 2 clause 1. (2) If a police officer reasonably suspects that a person — (a) is about to enter, is in, or has recently left, a target area; (b) is a target person; (c) is in the company of a target person in suspicious circumstances; or (d) is in a target vehicle, the officer may do a basic search or a strip search on the person for the purposes of looking for a thing connected with a terrorist act. (3) A police officer must not do a strip search on a person under subsection (2) unless the officer reasonably suspects — (a) that the person is a target person; (b) that a strip search is necessary; and (c) that the seriousness and urgency of the situation require a strip search to be done. (4) Schedule 2 applies to and in relation to a search of a person under subsection (2). 14. Certain vehicles may be searched (1) If a police officer reasonably suspects that a vehicle — (a) is about to enter, is in, or has recently left, a target area; (b) is, or contains, a target vehicle; or (c) contains a target person, the officer may enter and search the vehicle and any thing in or attached to it for a thing connected with a terrorist act or for the target person or both. (2) For the purposes of searching a vehicle under subsection (1), a police officer may do any or all of the following — (a) stop and detain the vehicle for a reasonable period; (b) move the vehicle to a place suitable to do the search; (c) access and operate any device or equipment in the vehicle that holds or processes data. [Section 14 amended: No. 39 of 2015 s. 6.] 15. Certain places may be entered and searched (1) If a police officer reasonably suspects that a place is in a target area, the officer may enter and search the place for a thing connected with a terrorist act. (2A) For the purposes of searching a place under subsection (1), a police officer may access and operate any device or equipment in the place that holds or processes data. (2) If a police officer reasonably suspects that — (a) a target person is in a place; or (b) a target vehicle is in a place, the officer may enter and search the place for the target person, or for the target vehicle or both. [Section 15 amended: No. 39 of 2015 s. 7.] 16. Seizing things found (1) If a police officer in a target area finds, or a police officer doing a search under this Division finds, a thing that the officer reasonably suspects is a thing connected with a terrorist act, the officer may seize it. (2) If a police officer in a target area finds, or a police officer doing a search under this Division finds, a thing that is not a thing connected with a terrorist act but that the officer reasonably suspects is a thing that is or may be evidence in relation to a serious indictable offence, the officer may seize it. (3) If a thing is seized under this section, a police officer may access and operate any device or equipment in the thing that holds or processes data. [Section 16 amended: No. 39 of 2015 s. 8.] [Division 4 (s. 17, 18) deleted: No. 11 of 2018 s. 4.] Division 5 — Miscellaneous 19. Government agency, directions to (1) In this section — government agency means any body (whether corporate or unincorporate) or the holder of any office, post or position, being a body, office, post or position established under a written law for a public purpose. (2) While a Commissioner's warrant has effect, the Commissioner may direct a government agency to perform or refrain from performing, or as to the manner of performing, any function that the agency has under a written law. (3) The Commissioner must not give such a direction unless he or she reasonably suspects the direction is necessary to facilitate the exercise of any of the powers in Division 3. (4) A government agency given such a direction is authorised and required to comply with it, despite the written law that confers the function concerned. 20. Warrant not open to challenge while in effect (1) While a Commissioner's warrant has effect, neither the warrant nor a judge's approval of it can be appealed against, reviewed, quashed, challenged, or called in question, before or by any person acting judicially or a court or tribunal on any account or by any means. (2) Subsection (1) does not affect the operation of the Corruption, Crime and Misconduct Act 2003. (3) Subsection (1) does not limit judicial review for jurisdictional error. [Section 20 amended: No. 35 of 2014 s. 39; No. 39 of 2015 s. 10.] 21. Report to Minister and Attorney General about warrant (1) As soon as practicable or no later than 30 days after a Commissioner's warrant ceases to have effect the Commissioner must give a written report to the Minister and the Attorney General that — (a) states the terms of the warrant; (b) describes generally the grounds for, and the information relied on when, issuing the warrant; (c) states for how long the warrant had effect; (d) if it ceased to have effect under section 7(4)(a), includes a copy of the judge's reasons for refusing to approve its issue; (e) describes generally the powers that were exercised under the warrant and how they were exercised; and (f) states the result of the exercise of those powers. (2) If a Commissioner's warrant is issued so as to have effect immediately a previously issued warrant ceases to have effect, subsection (1) must be obeyed as soon as practicable after the last warrant ceases to have effect and the report must relate to all of the warrants. (3) If a Commissioner's warrant is not issued because a judge refused to approve its issue, the Commissioner must give a written report to the Minister and the Attorney General that — (a) states what the terms of the proposed warrant were; (b) describes generally the grounds on which, and the information relied on when, it was proposed to issue the warrant; and (c) includes a copy of the judge's reasons for the refusal. (4) The Minister must cause a report given under this section to be tabled before each House of Parliament within 60 days after the date on which the Minister receives it. Part 2A — Police use of force: ongoing terrorist acts [Heading inserted: No. 11 of 2018 s. 5.] 21A. Interpretation In this Part — declaration means a declaration made under section 21C(1); declared incident means an incident in respect of which a declaration is made; detain has the meaning given in The Criminal Code section 332(1). [Section 21A inserted: No. 11 of 2018 s. 5.] 21B. Non‑application of Part to certain officers (1) In this section — support officer means any of the following — (a) a special constable appointed under the Police Act 1892 section 35(1); (b) an Aboriginal police liaison officer appointed under the Police Act 1892 section 38B(1); (c) a police auxiliary officer appointed under the Police Act 1892 section 38G(1). (2) For the purposes of the Police Act 1892 sections 36, 38C and 38H — (a) a support officer does not have any of the powers, duties or obligations that a police officer has under this Part; and (b) any authorisation, exemption or exception in this Part that applies to a police officer does not apply to a support officer; and (c) a reference in this Part to a police officer does not include a reference to a support officer. (3) Despite the Corruption, Crime and Misconduct Act 2003 section 184(3c), an authorised officer as defined in the Corruption, Crime and Misconduct Act 2003 section 184(1) who is not a police officer does not have, and may not perform, the functions that a police officer has and may perform under this Part. [Section 21B inserted: No. 11 of 2018 s. 5.] 21C. Commissioner may declare this Part applies to terrorist act (1) The Commissioner may declare that this Part applies to an incident to which police officers are responding if the Commissioner is satisfied there are reasonable grounds to suspect — (a) that the incident is or is likely to be a terrorist act; and (b) that planned and coordinated police action is required — (i) to defend a person threatened by the incident; or (ii) to prevent a person from being detained or end the detention of a person. (2) The declaration applies to each location at which police officers are responding to the incident. (3) The Commissioner must notify the police officer in charge of the police officers responding to the declared incident that the declaration has been made. (4) The Commissioner must notify the Minister of the declaration before, or as soon as practicable after, the declaration is made. [Section 21C inserted: No. 11 of 2018 s. 5.] 21D. Declaration must be in writing (1) Except as provided in subsection (2), a declaration must be in writing. (2) If, due to the urgency of the situation, it is not practicable to make the declaration in writing — (a) the declaration may be made orally with details recorded contemporaneously; and (b) if it is made orally, it must be put in writing as soon as practicable after it is made and in any event within 6 hours. [Section 21D inserted: No. 11 of 2018 s. 5.] 21E. Declaration may be revoked (1) The Commissioner may at any time revoke a declaration. (2) Without limiting the power in subsection (1), if no further police response is required in response to a declared incident, the Commissioner must revoke the declaration. (3) The Commissioner must notify the police officer in charge of the police officers responding to the declared incident that the declaration has been revoked. (4) If the police officer in charge of the police officers responding to the declared incident becomes aware that the declaration has been revoked, the police officer in charge must notify the other police officers of the revocation. [Section 21E inserted: No. 11 of 2018 s. 5.] 21EA. Revocation must be in writing (1) Except as provided in subsection (2), a revocation under section 21E must be made in writing. (2) If, due to the urgency of the situation, it is not practicable to make the revocation in writing — (a) the revocation may be made orally with details recorded contemporaneously; and (b) if it is made orally, the revocation must be put in writing as soon as practicable after it is made and in any event within 6 hours. [Section 21EA inserted: No. 11 of 2018 s. 5.] 21F. Police action authorised under declaration (1) The police action authorised under a declaration, when police officers respond to a declared incident, is the authorisation, direction or use of force (including lethal force) that a police officer believes, on reasonable grounds, is necessary to — (a) defend a person threatened by the incident; or (b) prevent a person from being detained or end the detention of a person. (2) A police officer who does something that, apart from this section, would be an offence is not criminally responsible for the offence if the thing constitutes police action authorised under a declaration. (3) Nothing in this section limits the availability of any justification, excuse or defence under Chapter V or Chapter XXVI of The Criminal Code. (4) If a declaration is revoked, this section continues to apply to any action taken by a police officer before the police officer became aware of the revocation. (5) If a court finds that a purported declaration was not validly made, this section continues to apply to any action taken by a police officer before the police officer became aware of the finding as if it were a valid declaration. [Section 21F inserted: No. 11 of 2018 s. 5.] 21G. Part does not limit police powers relating to terrorism This Part does not limit the powers of police officers under any other Part of this Act, any other written law or the common law to deal with an incident that is or is likely to be a terrorist act (whether or not that incident is a declared incident). [Section 21G inserted: No. 11 of 2018 s. 5.] 21H. Commissioner's functions under this Part may be performed by authorised Deputy Commissioner (1) In this section — authorised means authorised under subsection (3); Deputy Commissioner means a police officer who holds or is acting in the office of Deputy Commissioner. (2) The Commissioner's functions under this Part, other than the power in subsection (3), may be performed by an authorised Deputy Commissioner if — (a) the office of Commissioner is vacant; or (b) the Commissioner is on leave or out of the State; or (c) the Commissioner is otherwise unavailable to exercise the functions. (3) For the purposes of this section, the Commissioner may authorise in writing one or more Deputy Commissioners to perform the Commissioner's functions under this Part. (4) If any of the Commissioner's functions under this Part is performed by a person other than the Commissioner, the person must notify the Commissioner of the fact as soon as practicable. [Section 21H inserted: No. 11 of 2018 s. 5.] Part 3 — Covert search warrants 22. Interpretation In this Part — authorised applicant means a police officer who is authorised under section 23 to apply for a covert search warrant; Commonwealth terrorist offence means an offence set out in section 23(2)(b) or (c); covert search warrant means a covert search warrant issued under this Part; target place, in relation to a covert search warrant, means the place to be searched under warrant; target vehicle, in relation to a covert search warrant, means a vehicle that is specified to be searched under the warrant. [Section 22 amended: No. 39 of 2015 s. 11.] 23. Authorising police officers to apply for a covert search warrant (1) The Commissioner may authorise a police officer to apply for a covert search warrant. (2) The Commissioner must not authorise a police officer to apply for a covert search warrant unless the Commissioner is satisfied there are reasonable grounds to suspect — (a) that a terrorist act has been, is being, or is about to be, committed, whether in or outside this State; or (b) that a person has committed an offence under The Criminal Code section 102.3 set out in the Schedule to the Criminal Code Act 1995 (Commonwealth); or (c) that a person has committed, or is committing, an offence under The Criminal Code section 80.2C set out in the Schedule to the Criminal Code Act 1995 (Commonwealth). (3A) On being satisfied under subsection (2), the Commissioner may authorise a police officer to apply for a covert search warrant if the Commissioner is satisfied there are reasonable grounds to believe — (a) that entry to and search of a place or vehicle in this State will substantially assist in preventing an act, or investigating an act or offence; and (b) that the entry and search needs to be carried out without the knowledge of the occupier of the place or the person in charge of the vehicle. (3) An authorisation by the Commissioner must be in writing but, if it is not practicable to issue it in writing because of an urgent need to issue it — (a) it may be issued orally; and (b) if it is issued orally, it must be put in writing as soon as practicable after it is issued. [Section 23 amended: No. 39 of 2015 s. 12.] 24. Covert search warrant, application for (1) Only an authorised applicant may apply for a covert search warrant. (2) An application for a covert search warrant must be made to a judge in accordance with section 25. (3) An application for a covert search warrant must — (a) state the authorised applicant's full name, rank and registered number; and (b) describe the target place or target vehicle; and (c) state the name of the occupier of the target place, or person in charge of the target vehicle, if it is known; and (d) state the grounds on which the applicant suspects that a terrorist act or Commonwealth terrorist offence has been, is being, or is about to be, committed, whether in or outside this State; and (ea) state the grounds on which the applicant believes — (i) that entry to and search of the target place or target vehicle will substantially assist in preventing or investigating the act or offence; and (ii) that the entry and search needs to be carried out without the knowledge of the occupier of the target place or person in charge of the target vehicle; and (e) describe the thing connected to a terrorist act or Commonwealth terrorist offence, or the class of such things, to be searched for in the target place or target vehicle; and (f) state the grounds on which the applicant suspects that the thing or class of thing sought is a thing connected with the terrorist act or Commonwealth terrorist offence and that it is in the target place or target vehicle; and (g) if power is sought to enter a place adjoining or near the target place or target vehicle — (i) describe the place to be entered; and (ii) state why the power is sought; and (h) if power is sought to remove any thing from the target place or target vehicle and replace it with a substitute — (i) describe the thing; and (ii) state why the power is sought; and (i) if power is sought to re‑enter the target place or target vehicle to return any thing removed from, or to retrieve any thing substituted in, the place or vehicle when it was first entered under the warrant — (i) describe the thing; and (ii) state why the power is sought; and (j) state whether an application for a covert search warrant for the target place or target vehicle has been made in the previous 3 months and whether it was refused or granted; and (k) include any other information required by the regulations. (4) If a covert search warrant for the target place or target vehicle has been issued in the 3 months prior to the application, a copy of it must be attached to the application. [Section 24 amended: No. 39 of 2015 s. 13.] 25. Covert search warrant, procedure for applying for (1) In this section — remote communication means any way of communicating at a distance including by telephone, fax, email and radio. (2) A reference in this section to m