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This page was last updated 23 August 2010. 10 Lock-down Areas
In the aftermath of the Cronulla riots in 2005, Parliament was recalled from its summer recess to pass legislation granting extra-ordinary emergency powers to the police to prevent or control public disorders in authorised areas (so-called lock-down areas). The special powers are dealt with schematically here, notwithstanding that most community protest action will be non-violent and peaceful. Peaceful protest can turn violent through no fault of your own, due to the conduct of others. Furthermore, the police powers apply to all those in, or entering, the area. For example, police can stop and search all vehicles or search all people in the area that is locked-down (without the need to hold any reasonable suspicion that, for example, an offence has been committed). Terrorism powers allow for similar actions by police, but are not dealt with further here. 10.1 AuthorisationSpecial police powers may be invoked by an authorisation granted by the Commissioner of Police, or a Deputy or Assistant Commissioner. 1 No other police officers may give such an authorisation (the power is non-delegable). Authorisation can only be granted if the Commissioner of Police, or a Deputy or Assistant Commissioner has reasonable belief that a large riot is occurring or is about to occur and the exercise of the special powers is reasonably necessary to control or prevent the disorder. 2The nature and extent of the special powers to be conferred must be appropriate to the public disorder that is occurring or threatened. 3 10.2 Scope of AuthorisationThe authorisation may apply to a particular area so as to prevent or control a public disorder or to specific roads so as to prevent people travelling to an area to involve themselves in a riot. 4 In certain circumstances, the police may exercise the special powers outside the authorised areas (see 10.5 below) All police officers may exercise the special powers conferred by an authorisation. 5 Authorisation must not exceed 48 hours, except where the Supreme Court so allows. 6 10.3 IdentificationPolice may ask you to identify yourself (and provide proof) if you are in an authorised area or on an authorised road and the police reasonably suspect your involvement or interest in a public disorder. 7 A failure to comply carries a maximum penalty of $5500 or 12 months imprisonment. 8 Before exercising this power, police must show they are a police officer, give their name and place of duty, and provide reasons for the request. 9 A warning that you are obliged to comply with a request for identification and that failure to comply constitutes an offence should also be given as soon as reasonably practicable after making the request. 10 10.4 Cordons and RoadblocksPolice have the power to cordon off areas or set up roadblocks for the purpose of exercising stop and search powers or to prevent people entering or leaving authorised areas without permission. 11 Police generally do not have the right to stop you leaving the area. 12 10.5 Search and Seizure: Cars and Other ItemsPolice may stop and search all vehicles in the authorised area or road and detain that vehicle for as long as is reasonably necessary to conduct a search. 13 The car itself, mobile phones or other things may also be seized (generally for up to seven days) if the seizure will assist in preventing or controlling a public disorder. 14 Other things also may be seized if the officer reasonably suspects the thing provides evidence of a serious indictable offence. 15 The special powers may be exercised at any time where a police officer:
Approval is not to be given unless the police officer is satisfied that the officer seeking to exercise the power has reasonable grounds for suspecting that a riot is occurring or is about to occur and the occupants of a car have participated or intend to participate in the public disorder. 17 An officer is to cease exercising these special powers 3 hours after approval was given for the exercise of these powers or if the officer is notified that an application for an authorization has been granted or refused. 18 When exercising these powers, police have an obligation to show they are a police officer, give their name and place of duty, and provide reasons for the request. 19 10.6 Search and Seizure: PeoplePolice may stop and search all people in the authorised area or road and detain them for as long as is reasonably necessary to conduct a search. 20 The police may also seize mobile phones and other things for seven days (usually) if the seizure will assist in preventing or controlling a public disorder. An officer may also seize things the officer reasonably suspects provides evidence of a serious indictable offence. 21 You should note that the police do not have to issue a receipt for things seized in the exercise of these powers. 22 In exercising these powers, police have an obligation to show they are a police officer, give their name and place of duty, and provide reasons for the request. 23
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