Skip to main content skip navigation
  • Account
    • Login
    • Manage
  • Subscribe
    • JUSTINFO
    • Register
  • Shopping Cart
  • Contact Us
    • Email
    • Feedback
    • Chat
    • Phone or Mail
  • Site Help
National Criminal Justice Reference Service
Office of Justice Programs header with links to bureaus/offices: BJA, BJS, NIJ, OJJDP, OVC, SMART Office of Justice Programs BJA BJS NIJ OJJDP OVC SMART Office of Justice Programs
Advanced Search  Search Help
    Browse By Topics  down arrow
  • A–Z Topics
  • Corrections
  • Courts
  • Crime
  • Crime Prevention
  • Drugs
  • Justice System
  • Juvenile Justice
  • Law Enforcement
  • Victims
CrimeSolutions
Add your conference to our Justice Events calendar
  • ABOUT NCJRS
  • OJP PUBLICATIONS
  • LIBRARY
  • SEARCH Q & A
  • GRANTS & FUNDING
  • JUSTICE EVENTS
Home / Publications / NCJRS Abstract

PUBLICATIONS

Register for Latest Research

Stay Informed
Register with NCJRS to receive NCJRS's biweekly e-newsletter JUSTINFO and additional periodic emails from NCJRS and the NCJRS federal sponsors that highlight the latest research published or sponsored by the Office of Justice Programs.

NCJRS Abstract

The document referenced below is part of the NCJRS Virtual Library collection. To conduct further searches of the collection, visit the Virtual Library. See the Obtain Documents page for direction on how to access resources online, via mail, through interlibrary loans, or in a local library.

1 record(s) found

 

NCJ Number: 214560 Find in a Library
Title: Terrorism: What Judges Will Be Asked To Do Under the New Legislation
Journal: Judicial Officers' Bulletin  Volume:18  Issue:3  Dated:April 2006  Pages:1-4
Author(s): Peter McClellan
Date Published: April 2006
Annotation: This article outlines key concepts of Federal terrorism-related legislation in Australia and compares them with provisions of New South Wales (an Australian State) terrorism-related legislation, with attention to new judicial powers provided under the two sets of laws.
Abstract: The key legislative concepts compared in the two sets of legislation are "terrorist act" and "terrorist organization." Various distinctive legal options and parameters are specified in the laws when the criteria for a "terrorist act" or a "terrorist organization" are met. This article focuses on the new judicial powers authorized under the Commonwealth and New South Wales terrorism laws. Under Federal law, judges of specified courts can issue control orders, which impose obligations on a person for the purpose of protecting the public from a terrorist act. Federal law also allows judges to authorize "questioning-only" warrants, which permits the questioning of a person in order to collect intelligence related to a terrorism offense, and "detention and questioning" warrants, which are allowed when there are reasonable grounds to believe that the subject of the order may not appear for questioning, may destroy evidence, or will tell a person involved in a terrorism offense that the offense is being investigated. Under Federal law, preventative detention orders can also be issued by judges. This enables the detention of a person in order to prevent an imminent terrorist act or to preserve evidence of a terrorist act that has occurred. The New South Wales preventative detention provisions were enacted to complement the Commonwealth preventative detention regime. The New South Wales legislation allows judicial authorization of a covert search warrant, which permits the warrant to be executed without notice being given to the individual affected. 37 notes
Main Term(s): Foreign courts
Index Term(s): Antiterrorist laws; Counter-terrorism tactics; Foreign laws; Judicial discretion; New South Wales; Search warrants; Terrorist detention; Warrants
Sponsoring Agency: Judicial Cmssn of New South Wales
Sydney NSW, 2000
Sale Source: Judicial Cmssn of New South Wales
Level 5
301 George Street
Sydney NSW,
Australia
Publisher: https://www.judcom.nsw.gov.au/ 
Page Count: 4
Format: News/Media
Type: Legislation/Policy Description
Language: English
Country: Australia
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=236111

*A link to the full-text document is provided whenever possible. For documents not available online, a link to the publisher's website is provided. Tell us how you use the NCJRS Library and Abstracts Database - send us your feedback.




Find in a Library

You have clicked Find in a Library. A title search of WorldCat, the world's largest library network, will start when you click "Continue." Here you will be able to learn if libraries in your community have the document you need. The results will open in a new browser and your NCJRS session will remain active for 30 minutes. Learn More.

You have selected:

This article appears in

In WorldCat, verify that the library you select has the specific journal volume and issue in which the article appears. Learn How.

Continue to WorldCat

You are about to access WorldCat, NCJRS takes no responsibility for and exercises no control over the WorldCat site.

 
Office of Justice Programs Facebook Page  Twitter Page
  • Bureau of Justice Assistance Facebook Page Twitter Page
  • Bureau of Justice Statistics Twitter Page
  • National Institute of Justice Facebook Page Twitter Page
  • Office for Victims of Crime Facebook Page Twitter Page
  • Office of Juvenile Justice and Delinquency Prevention Facebook Page Twitter Page
  • Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking Facebook Page Twitter Page
Contact Us | Feedback | Site Map
Freedom of Information Act | Privacy Statement | Legal Policies and Disclaimers
USA.gov | CrimeSolutions
Department of Justice | Office of Justice Programs