16. Public Security

A.  Overview

COVID-19, and the response to it, has clear implications for public security. It has resulted in various legislative measures, including prohibitions on weapons and firearms during the crisis. These legislative measures will themselves, in time, result in litigation, and then decisions by courts and tribunals.

See also the New Crimes / Infringements section of this text.
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B.  Legislation

Commonwealth:
Crimes Act 1914 (Cth) and Australian Federal Police Act 1979 (Cth), amended by the Crimes Legislation Amendment (Police Powers at Airports) Act 2019 (Cth).
  • While these amendments do not appear to have been directly brought about by the COVID-19 pandemic, they are nonetheless relevant to the changing legislative landscape. The purpose of these amendments is to enhance powers at major airports to ensure constables and PSOs can engage with persons at the earliest opportunity to assess any potential threat and/or risk to public safety, and direct a person to leave, or not to take flights to or from, these airports where appropriate (Explanatory Memorandum, [7]).

Made under the Customs Act 1901 (Cth):
​New South Wales:
Made under the COVID-19 Emergency Response Act 2020 (Qld):
Made under the Firearms Act 1996 (NSW):
Sheriff Act 2005 (NSW) amended by the COVID-19 Legislation Amendment (Emergency Measures—Attorney General) Act 2020 (NSW): allows the Sheriff, with the approval of the Secretary of the Department of Communities and Justice, to enter into an agreement with the head of another Public Service agency to enable a sheriff’s officer to assist that other agency in its COVID-19 pandemic response. The proposed amendment grants a sheriff’s officer the power to issue directions to persons when providing that assistance. Failure to comply with a direction is an offence. A sheriff’s officer may also, in certain limited circumstances, enter premises or arrest or detain a person if the person has failed to comply with a direction or the officer believes on reasonable grounds that it is necessary because the power must be exercised urgently or a direction will be insufficient.

Made under the Weapons Prohibition Act 1998 (NSW):
Western Australia:
Made under the Emergency Management Act 2005 (WA):
Australian Capital Territory:
Firearms Act 1996 (ACT) amended by: ​
Prohibited Weapons Act 1996 (ACT) amended by:
Terrorism (Extraordinary Temporary Powers) Act 2006 (ACT) amended by the COVID-19 Emergency Response Legislation Amendment Act 2020 (ACT)​.

Northern Territory:
Made under the Public and Environmental Health Act 2011 (NT):
​C.  Case law

This is an area of substantive law that is likely to result in case law. As of the last update, we are not aware of any relevant decision of a superior court in this area.