Justice Legislation Amendment (Terrorism) Act 2018 (Vic)

Justice Legislation Amendment (Terrorism) Act 2018

No. 32 of 2018

table of provisions

Section  Page

Part 1—Preliminary

1Purposes

2Commencement

Part 2—Amendment of Terrorism (Community Protection) Act 2003

Division 1—Preventative police detention

3Purposes

4Definitions

5New Division heading inserted into Part 1A

6Application of Division 1 of Part 1A

7New Division 2 of Part 1A inserted

8New Part 1B inserted

9New Part 2AA inserted

10Section 13B repealed

11Application for preventative detention order

12Form and content of application for preventative detention order

13Preventative detention orders

14Nature of preventative detention order

15Duration of preventative detention orders

16When order starts and ceases to have effect

17No preventative detention order in relation to person under 14 years of age

18Restrictions on multiple preventative detention orders

19Basis for applying for, and making, prohibited contact order

20Power to detain person under preventative detention order

21Endorsement of order with date and time person taken into custody or detained

22Arrangement for detainee to be held in prison

23Arrangement for detainee to be held in youth justice facility

24New sections 13WB to 13WD inserted

25Effect of preventative detention order to be explained to person detained

26Copy of preventative detention order

27Detention of persons under 18

28Restriction on contact with other people

29Contacting family members etc.

30Contacting lawyer

31New sections 13ZFA to 13ZFC inserted

32Contacting family members etc.

33Monitoring contact under section 13ZD or 13ZF

34Special contact rules for person under 18 or incapable of managing own affairs

35Entitlement to contact subject to prohibited contact order

36Disclosure offences

37Questioning of person prohibited while person is detained

38New Division 5A of Part 2A inserted

39Section 13ZU repealed

40New Part 8 inserted

Division 2—Requirements for granting preventative detention orders or authorising special police powers

41Objects of Part 2A

42Application for preventative detention order

43Preventative detention orders

44Authorisation of special powers to prevent, or reduce the impact of, a terrorist act

Division 3—Special police powers

45Definitions

46Authorisation of special powers to prevent, or reduce the impact of, a terrorist act

47Authorisation of special powers relating to the investigation of, or recovery from, a terrorist act

48How authorisation may be given

49Duration of authorisation

50New sections 21IA and 21IB inserted

51Exercise of special powers by police officers and protective services officers

52Power to obtain disclosure of identity

53Power to search persons

54Power to search vehicles

55Power to move vehicles

56Power to enter and search premises

57New sections 21SA, 21SB and 21SC inserted

58Cordon around target area

59Power to seize and detain things

60Use of force generally

61Offence to obstruct or hinder search or other powers

62Supplying police officer's or protective services officer's details and other information

63Schedule 1—Conduct of personal searches under Part 3A

Division 4—Protection of counter-terrorism intelligence

64Definitions

65Application of Part 1A

66Preventative detention orders

67Extension of preventative detention order

68Basis for applying for, and making, prohibited contact order

69Application by police for revocation or variation of preventative detention order or prohibited contact order

70Nature of proceedings

71Part 5 substituted

Division 5—Oversight by the Victorian Inspectorate and annual reporting

72Definitions

73Report to the Victorian Inspectorate

74No publication of report of proceeding

75Section 13 repealed

76Section 13ZR repealed

77Section 21M repealed

78New Parts 6 and 6A inserted

Division 6—Other amendments

79Department references changed

Part 3—Amendment of Bail Act 1977

80Definitions

81Surrounding circumstances

82New sections 3AAB and 3AAC inserted

83Section 3D substituted

84New section 4AA inserted

85Step 1—exceptional circumstances test

86Section 4B repealed

87Step 1—show compelling reason test

88Step 2—unacceptable risk test

89New section 8AA inserted

90Power of police officer, sheriff or authorised person to grant or refuse bail

91Power of bail justice to grant or refuse bail

92New section 10B inserted

93Power of court to grant or refuse bail

94Section 12A substituted

95Treason, murder, certain other offences

96New section 13AA inserted

97Schedule 1 amended

98Schedule 2 amended

99Transitional provisions

Part 4—Amendment of Children, Youth and Families Act 2005

Division 1—Terrorism risk information

100Definitions

101New sections 3A and 3B inserted

102New Division 1AA inserted in Part 5.6

103New Part 5.10 inserted

Division 2—Parole

104Meaning of terrorism risk information

105New sections 457A and 457B inserted

106Release on parole from youth residential centre or youth justice centre

107Cancellation of parole

108New sections 460A, 460B and 460C inserted

109Department of Justice and Regulation may disclose terrorism risk information

Division 3—Transitional provisions

110New section 630 inserted

Division 4—Miscellaneous

111Statute law revision

112Definitions

113Children, Youth and Families Act 2005—consequential amendment related to police detention decisions

Part 5—Amendment of Corrections Act 1986

Division 1—Information sharing

114Definitions—Part 9E

115Authorisation to use or disclose information

116Authorisation to disclose information given to Adult Parole Board

117Schedule 5 inserted

Division 2—Parole

118Definitions

119New sections 3A and 3B inserted

120Secretary to supply assistance to Board

121Release on parole after service of non-parole period

122Parole decisions made by Serious Violent Offender or Sexual Offender Parole Division

123New section 74AAC inserted

124Cancellation of parole

125Revocation of cancellation

126Schedule 4 repealed

Division 3—Police detention decision amendments

127When does legal custody of the Secretary cease?

128When is a person in the legal custody of the Chief Commissioner of Police?

129When does legal custody of the Chief Commissioner of Police cease?

Division 4—Transitional provisions

130New section 129 inserted

Part 6—Amendment of Crimes Act 1958

131Use of force to prevent the commission of an indictable offence

Part 7—Amendment of other Acts

Division 1—Serious youth offences

132Criminal Procedure Act 2009—Definitions

133Sentencing Act 1991—Definitions

Division 2—Annual reporting by Commission for Children and Young People

134Commission for Children and Young People Act 2012—New section 23A inserted

Part 8—Repeal of amending Act

135Repeal of amending Act

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Endnotes

1      General information

Justice Legislation Amendment (Terrorism) Act 2018

No. 32 of 2018

[Assented to 7 August 2018]

The Parliament of Victoria enacts:

Part 1—Preliminary

1Purposes

The main purposes of this Act are—

(a)to amend the Terrorism (Community Protection) Act 2003—

(i)to provide for new powers and obligations relating to the detention of persons pursuant to police detention decisions and preventative detention orders for the prevention of terrorist acts; and

(ii)to amend the requirements for granting of preventative detention orders and authorising special police powers; and

(iii)to make other changes in relation to special powers; and

(iv)to provide stronger protection for counter-terrorism intelligence; and

(v)to provide that the Victorian Inspectorate must oversee the use of covert search warrant powers, the making and carrying out of police detention decisions and the use of special police powers; and

(b)to amend the Bail Act 1977—

(i)to provide for the use of terrorism risk information by a court that is considering whether to grant bail; and

(ii)to provide different procedures relating to the bail of a person in circumstances related to terrorism; and

(c)to amend the Children, Youth and Families Act 2005—

(i)in relation to the use and disclosure of terrorism risk information by the Department of Justice and Regulation and the Youth Parole Board; and

(ii)to provide different procedures relating to the parole of a person in circumstances related to terrorism; and

(iii)to make further provision in relation to the transfer of custody of children detained under Part 2AA of the Terrorism (Community Protection) Act 2003, and under preventative detention orders under that Act, between the Chief Commissioner of Police and the Secretary to the Department of Justice and Regulation; and

(d)to amend the Corrections Act 1986—

(i)in relation to the sharing of information under Part 9E of that Act; and

(ii)to provide different procedures relating to the parole of a person in circumstances related to terrorism; and

(iii)to make further provision in relation to the transfer of custody of children detained under Part 2AA of the Terrorism (Community Protection) Act 2003, and adults and children detained under preventative detention orders under that Act, between the Chief Commissioner of Police and the Secretary to the Department of Justice and Regulation; and

(e)to amend the Crimes Act 1958 in relation to the use of force to prevent the commission of an indictable offence; and

(f)to amend the Criminal Procedure Act 2009 and the Sentencing Act 1991 to ensure that terrorism and foreign incursion offences are referred to consistently; and

(g)to amend the Commission for Children and Young People Act 2012 to require the Commission to report annually on its monitoring role in relation to the detention of children under Part 2AA of the Terrorism (Community Protection) Act 2003.

2Commencement

(1)Part 1, Division 1 of Part 4, Division 1 of Part 5 and Part 6 come into operation on the day after the day on which this Act receives the Royal Assent.

(2)Parts 2 and 3, section 113, Division 3 of Part 5 and Division 2 of Part 7 come into operation on 1 October 2018.

(3)Subject to subsection (4), the remaining provisions of this Act come into operation on a day or days to be proclaimed.

(4)If a provision referred to in subsection (3) does not come into operation before 1 May 2019, it comes into operation on that day.

Part 2—Amendment of Terrorism (Community Protection) Act 2003

Division 1—Preventative police detention

3Purposes

After section 1(b) of the Terrorism (Community Protection) Act 2003 insert—

"(baa)to provide for the making of police detention decisions; and".

4Definitions

(1)In section 3 of the Terrorism (Community Protection) Act 2003 insert the following definitions—

"AFP member has the same meaning as in Part 5.3 of the Criminal Code of the Commonwealth;

authorised police officer means a police officer appointed by the Chief Commissioner under subsection (2);

child means a person under 18 years of age;

Commission for Children and Young People means the Commission established by section 6 of the Commission for Children and Young People Act 2012;

Commonwealth control order has the same meaning as control order has in Part 5.3 of the Criminal Code of the Commonwealth;

corresponding preventative detention law means—

(a)Division 105 of the Criminal Code of the Commonwealth; or

(b)a law of another State or of a Territory, or particular provisions of a law of another State or of a Territory, that—

(i)corresponds or correspond to this Part; or

(ii)is or are declared by the regulations to correspond to this Part;

family member of a person means—

(a)the person's spouse, de facto spouse or same‑sex partner; or

(b)a parent, step‑parent or grandparent of the person; or

(c)a child, step‑child or grandchild of the person; or

(d)a brother, sister, step‑brother or step‑sister of the person; or

(e)a guardian or carer of the person;

IBAC has the same meaning as in the Independent Broad-based Anti-corruption Commission Act 2011;

IBAC Commissioner means the Commissioner within the meaning of the Independent Broad-based Anti-corruption Commission Act 2011;

identification material, in relation to a person, means—

(a)samples taken from a part of the person's body from which a DNA profile may be derived; or

(b)prints of the person's hands, fingers, feet or toes; or

(c)recordings of the person's voice, or

(d)samples of the person's handwriting; or

(e)photographs (including video recordings other than video recordings made in the ordinary course of operation of a security camera fitted at, or in the immediate vicinity of, a place where the person is being detained under Part 2AA or a preventative detention order) of the person;

interim preventative detention order means an interim preventative detention order made by the Supreme Court under section 13E;

lawyer means an Australian lawyer;

legal advice has the same meaning as in the Legal Aid Act 1978;

maximum police detention period means—

(a)for an adult—a period of 4 days;

(b)for a child—a period of 36 hours;

Note

See also sections 13AH and 13G.

nominated senior police officer means a police officer appointed under section 13AZZJ;

periodic review means a review under section 13AZZN;

police detention decision—see section 13AC;

police gaol has the same meaning as in the Corrections Act 1986;

prescribed authority has the same meaning as in Division 3 of Part III of the Australian Security Intelligence Organisation Act 1979 of the Commonwealth;

preventative detention order means an order made under section 13E, as varied under section 13N or 13O, and includes an interim preventative detention order;

prison has the same meaning as in the Corrections Act 1986;

prohibited contact order means an order made under section 13L or 13M, as varied under section 13N or 13O;

Public Interest Monitor means—

(a)the Principal Public Interest Monitor appointed under section 6 of the Public Interest Monitor Act 2011; or

(b)a Deputy Public Interest Monitor appointed under section 7 of the Public Interest Monitor Act 2011;

questioning limitation condition—see section 13E(2A)(b);

questioning prohibition condition—see section 13E(2A)(a);

seizable item means anything that—

(a)would present a danger to a person; or

(b)could be used to assist a person to escape from lawful custody; or

(c)could be used to contact another person or to operate a device remotely;

Victoria Legal Aid means Victoria Legal Aid established under section 3 of the Legal Aid Act 1978;

Victorian Inspectorate has the same meaning as in the Victorian Inspectorate Act 2011;

youth justice facility means a service established under section 478 of the Children, Youth and Families Act 2005.".

(2)In section 3 of the Terrorism (Community Protection) Act 2003, in the definition of Victoria Police, for "2013." substitute "2013;".

(3)At the end of section 3 of the Terrorism (Community Protection) Act 2003 insert—

"(2)The Chief Commissioner may appoint, in writing, police officers, or a class or classes of police officers, to be authorised police officers for the purpose of making—

(a)police detention decisions; and

(b)applications under sections 13C, 13I and 13M.".

5New Division heading inserted into Part 1A

After the heading to Part 1A of the Terrorism (Community Protection) Act 2003 insert—

"Division 1—Role in relation to order and warrant applications".

6Application of Division 1 of Part 1A

(1)In the heading to section 4C of the Terrorism (Community Protection) Act 2003, for "Part 1A" substitute "this Division".

(2)In sections 4C and 4D(3) of the Terrorism (Community Protection) Act 2003, for "Part" substitute "Division".

7New Division 2 of Part 1A inserted

After section 4F of the Terrorism (Community Protection) Act 2003 insert—

"Division 2—Role in relation to preventative police detention

4GAuthorised police officer to notify Public Interest Monitor about certain things relating to police detention decisions

(1)An authorised police officer must notify a Public Interest Monitor of the things set out in column 2 of the Table within the time specified in column 3 of the Table opposite that thing.

Table

Column 1 Item	Column 2 Thing to be notified to a Public Interest Monitor	Column 3 When notification must be given
1	The making of a police detention decision	As soon as practicable after the police detention decision is made
2	The date and time a person to whom a police detention decision applies is taken into custody and detained under Part 2AA	As soon as practicable after the person is taken into custody (but no later than 2 hours after the person is taken into custody)
3	The name and contact details of the nominated senior police officer in relation to a person to whom a police detention decision applies	As soon as practicable after the police detention decision is made
4	A police detention decision ceasing to have effect under section 13AF(2)(a)	As soon as practicable after the police detention decision ceases to have effect

(2)A notification under subsection (1) must be in accordance with the regulations.

Note

See also section 4K(3)(b).

4HNominated senior police officer to notify Public Interest Monitor about certain matters relating to police detention decisions

(1)A nominated senior police officer must notify a Public Interest Monitor of—

(a)when a periodic review is to be conducted as soon as practicable after deciding when to conduct it; and

Note

See also section 13AZZN.

(b)the date and time the detention under Part 2AA of a person to whom a police detention decision relates ends as soon as practicable after the end of that detention.

(2)A notification under subsection (1) must be in accordance with the regulations.

Note

See also section 4K(3)(b) and Division 9 of Part 2AA.

4IFull disclosure to a Public Interest Monitor

(1)The following persons must fully disclose to a Public Interest Monitor all matters of which they are aware that are adverse to the making of a police detention decision or the conduct of a periodic review—

(a)the authorised police officer who made the police detention decision;

(b)the nominated senior police officer in relation to a periodic review they conduct;

(c)a police officer exercising powers or performing duties under Part 2AA.

(2)An authorised police officer, a nominated senior police officer or a police officer exercising powers or performing duties under Part 2AA must not knowingly or recklessly fail to comply with subsection (1).

Penalty:Level 9 imprisonment (6 months maximum) or a level 9 fine (60 penalty units maximum) or both.

4JSecrecy obligations do not apply

An obligation to maintain secrecy in relation to, or that otherwise restricts, the provision of information to a Public Interest Monitor, whether imposed under an Act or by rule of law, does not apply to the provision of information under this Division.

4KRole of Public Interest Monitor in relation to periodic reviews

(1)A Public Interest Monitor is entitled—

(a)to test the content and sufficiency of the information to be relied on for the purposes of conducting a periodic review; and

(b)for the purpose of testing the content and sufficiency of the information to be relied on for the purposes of conducting a periodic review—

(i)to ask questions of any of the following persons—

(A)the authorised police officer who made the police detention decision;

(B)the nominated senior police officer in relation
to a periodic review they conduct;

(C)a police officer exercising powers or performing duties under Part 2AA in relation to a person detained under that Part; and

(ii)to make submissions to the nominated senior police officer in relation to the conduct of a periodic review.

Note

A nominated senior police officer conducts periodic reviews under section 13AZZN.

(2)Without limiting subsection (1), a Public Interest Monitor is entitled to make submissions to the nominated senior police officer in person or by telephone or electronic communication or any other reasonable way.

(3)If a Public Interest Monitor is not reasonably able to be contacted before the nominated senior police officer conducts a periodic review—

(a)the nominated senior police officer may conduct the periodic review, without a Public Interest Monitor being notified; and

(b)a Public Interest Monitor must—

(i)be notified as soon as practicable after the completion of the periodic review; and

(ii)be given any information requested by a Public Interest Monitor that the Public Interest Monitor would have been entitled to obtain for the purposes of exercising a power under subsection (1) or (2).

4LPublic Interest Monitor to be given written record of police detention decision

An authorised police officer must ensure that a copy of the written record of the police detention decision made under section 13AE is given to a Public Interest Monitor as soon as practicable after they make the decision.

4MPublic Interest Monitor to be given access to documents related to police detention decisions and periodic reviews

For the purposes of performing a function or exercising a power under section 4K, a Public Interest Monitor may have, and must be given, access to any document or information relating to a police detention decision or the conduct of a periodic review kept by—

(a)the authorised police officer who made the police detention decision; or

(b)the nominated senior police officer who conducts the periodic review.

4NReturn of documents

(1)A Public Interest Monitor must return to an appropriate person any documents given to the Public Interest Monitor under this Division—

(a)if detention of the person to whom the police detention decision relates ends—as soon as practicable after the Public Interest Monitor is notified of the end of that detention; or

(b)if the police detention decision ceases to have effect under section 13AF(2)(a)—as soon as practicable after the Public Interest Monitor is notified of the decision ceasing to have effect.

Note

See also section 4G or 4H.

(2)In this section—

appropriate person means—

(a)in the case of a document given to the Public Interest Monitor relating to a police detention decision—the authorised police officer who made the decision; and

(b)in the case of a document given to the Public Interest Monitor relating to the conduct of a periodic review—the nominated senior police officer who conducted the review.".

8New Part 1B inserted

After Part 1A of the Terrorism (Community Protection) Act 2003 insert—

"Part 1B—Role of the Commission for Children and Young People

4OFunctions of Commission for Children and Young People in relation to detention of children

In addition to any other function conferred on the Commission for Children and Young People under this Part or Part 2AA or 2A, the Commission for Children and Young People has the following functions in relation to Part 2AA or 2A—

(a)to monitor the treatment of a child while being detained under Part 2AA or under a preventative detention order;

(b)to promote the interests of a child detained under Part 2AA or under a preventative detention order;

(c)to access any document or information in accordance with section 4Q;

(d)to provide advice to the Attorney-General, the Minister administering the Commission for Children and Young People Act 2012 or the Chief Commissioner about a child's treatment while in detention under Part 2AA or under a preventative detention order;

(e)any other function that is prescribed.

4PAccess to children in detention for the purpose of monitoring their treatment

For the purposes of performing any function or exercising any power under or in relation to this Part, Part 2AA or 2A, the Commission for Children and Young People must be given access to a child that is in detention under Part 2AA or under a preventative detention order.

Note

See also section 4R.

4QAccess to documents and information

(1)For the purposes of performing any function or exercising any power under or in relation to this Part, Part 2AA or 2A, the Commission for Children and Young People may have, and must be given, access to any document or information relating to a child's treatment while in detention under Part 2AA or under a preventative detention order that is kept by any of the following people—

(a)the Chief Commissioner;

(b)the Secretary to the Department of Justice and Regulation.

(2)In this section—

document includes an audio recording or audiovisual recording referred to in Division 6 of Part 2AA or Division 5A of Part 2A.

Note

See also section 4R.

4RAssistance to be given to Commission for Children and Young People for performance of its functions and exercise of powers

The Chief Commissioner and the Secretary to the Department of Justice and Regulation must ensure that the Commission for Children and Young People is given any assistance in connection with the reasonable performance of the Commission's functions, or the reasonable exercise of the Commission's powers, under or in relation to this Part, Part 2AA or 2A that the Commission reasonably requires.".

9New Part 2AA inserted

After Part 2 of the Terrorism (Community Protection) Act 2003 insert—

"Part 2AA—Preventative police detention

Division 1—Preliminary

13AAObject of Part

The object of this Part is to allow for the taking into custody and detention of an adult for a period not exceeding 4 days, or a child for a period not exceeding 36 hours, in order to—

(a)prevent a terrorist act that is capable of being carried out, and could occur, within the next 14 days; or

(b)preserve evidence of, or relating to, a recent terrorist act.

Division 2—Police detention decisions

13ABWhat is a police detention decision?

A police detention decision is a decision made in relation to a person that authorises—

(a)the taking into custody of the person (unless the person is already being detained under a preventative detention order or an order for the person's detention made under a corresponding preventative detention law); and

(b)subject to this Part, the detention of the person under this Part for a period not exceeding the maximum police detention period which—

(i)starts when the person is first taken into custody under section 13AH(2)(a) or detained under section 13AH(2)(b); and

(ii)ends under Division 9.

13ACAuthorised police officer may make police detention decision

(1)Subject to this Division, an authorised police officer may make a police detention decision in relation to a person who is 14 years old or older if—

(a)the authorised police officer is satisfied that—

(i)there are reasonable grounds to suspect that the person—

(A)will engage in a terrorist act; or

(B)possesses or has under the person's control (whether solely or jointly with any other person) a thing that is connected with the preparation for, or the engagement of a person in, a terrorist act; or

(C)has done an act in preparation for, or planning, a terrorist act; and

(ii)making the decision would substantially assist in preventing a terrorist act occurring; and

(iii)detaining the person is reasonably necessary for the purpose referred to in subparagraph (ii); or

(b)the authorised police officer is satisfied that—

(i)a terrorist act has occurred within the last 28 days; and

(ii)it is necessary to detain the person to preserve evidence of, or relating to, the terrorist act; and

(iii)detaining the person is reasonably necessary for the purpose referred to in subparagraph (ii).

(2)A terrorist act referred to in subsection (1)(a) must be capable of being carried out, and could occur, within the next 14 days.

(3)A police detention decision must not be made on the same basis as a previous police detention decision unless the previous police detention decision ceased to have effect under section 13AF(2)(a).

(4)For the purposes of subsection (3), a police detention decision is made on the same basis as a previous police detention decision if—

(a)in the case of a decision made on the basis of preventing a terrorist act from occurring, that decision and the previous decision relate to the same terrorist act; and

(b)in the case of a decision made on the basis of preserving evidence of, or relating to, a terrorist act, that decision and the previous decision relate to the same terrorist act.

13ADNature of police detention decisions in relation to children—detention in youth justice facilities

(1)An authorised police officer who makes a police detention decision in relation to a child must, as part of that decision, direct that the child be detained in a youth justice facility unless the officer is satisfied that it is reasonably necessary for the child to be detained at a place other than a youth justice facility.

(2)For the purposes of subsection (1), the authorised police officer must have regard to the following—

(a)the child's age and vulnerability;

(b)the likely impact that detention in a place other than a youth justice facility will have on the child;

(c)the grounds on which the police detention decision is made;

(d)the risk posed by the child to—

(i)the national or international security of Australia; or

(ii)other persons detained in a youth justice facility; or

(iii)the good order and safe operation of a youth justice facility;

(e)the availability of a place in a youth justice facility for the child to be detained in compliance with this Part.

Note

See also section 13AR.

13AERecording of police detention decision

(1)An authorised police officer who makes a police detention decision must make, or cause to be made, a written record of the decision.

(2)The record must set out—

(a)the facts and other grounds which the authorised police officer considered in making the police detention decision; and

(b)the information (if any) that the authorised police officer has about the person's age and capacity to manage their affairs; and

(c)the outcomes and particulars of any previous police detention decisions in relation to the person; and

(d)the outcomes and particulars of any previous applications for preventative detention orders in relation to the person; and

(e)the information (if any) that the authorised police officer has about the following—

(i)the outcomes and particulars

of all previous requests for Commonwealth control orders (including the outcomes of the hearings to confirm the orders) in relation to the person;

(ii)the outcomes and particulars

of all previous applications for variations of Commonwealth control orders made in relation to the person;

(iii)the outcomes of all previous applications for revocations of Commonwealth control orders made in relation to the person; and

(f)if the police detention decision relates to a child, whether the child is to be detained under this Part in a youth justice facility; and

Note

See also section 13AD.

(g)the information (if any) that the authorised police officer has about any periods for which the person has been detained under an order made under a corresponding preventative detention law; and

(h)a summary of the grounds on which the police detention decision was made.

(3)To avoid doubt, subsection (2)(h) does not require counter-terrorism intelligence to be included in the summary.

(4)The information in the record must be sworn or affirmed by the authorised police officer.

13AFWhen a police detention decision starts and ceases to have effect

(1)A police detention decision in relation to a person starts to have effect when it is made.

Note

When a police detention decision starts to have effect it authorises the person to be taken into custody and detained under this Part (see section 13AB). The period for which the person may be detained only starts to run when the person is first taken into custody or detained under this Part (see section 13AH).

(2)A police detention decision in relation to a person ceases to have effect—

(a)at the end of the period of 48 hours after the decision is made if the person has not been taken into custody under the order within that period; or

(b)when the person's detention under this Part ends under Division 9.

13AGDetained persons under 14 years to be released without delay

(1)This section applies if—

(a)a person is being detained under this Part pursuant to a police detention decision or a purported police detention decision; and

(b)the police officer who is detaining the person is satisfied on reasonable grounds that the person is under 14 years of age.

(2)The police officer must release the person or arrange in writing for the person's release without delay from detention under this Part.

Division 3—Carrying out police detention decisions

13AHPower to detain person under authority of police detention decision

(1)This section applies if a police detention decision is made in relation to a person.

(2)While the police detention decision is in effect in relation to a person—

(a)any police officer may take the person into custody; and

Note

See also section 6D(2AA) of the Corrections Act 1986.

(b)any police officer may detain the person.

(3)A police officer may, for the purpose of taking a person into custody under a police detention decision or preventing the person from escaping from detention under this Part, exercise any of the powers that the officer would have if the officer were apprehending the person under a belief on reasonable grounds that the person—

(a)had committed an indictable offence in Victoria; or

(b)was escaping from legal custody.

(4)Subsection (3) does not apply to the extent to which particular powers are provided for in this Part.

13AIPerson must be informed of detention when taken into custody

At the time the police officer is taking the person into custody under section 13AH, the police officer must inform the person that they are being taken into custody for the purposes of detention under this Part.

13AJEndorsement of record with date and time person taken into custody or detained

As soon as practicable after a person is first taken into custody or detained under section 13AH, the police officer who is detaining the person under that section must endorse on the record of the police detention decision authorising that first taking into custody or detention—

(a)the date on which, and time at which, the person is first taken into custody or detained; and

(b)particulars of where the person is being detained.

13AKSummary explaining police detention decision to be given to detained person

(1)As soon as practicable after a person is first taken into custody or detained under section 13AH, the police officer who is detaining the person under that section must give the person a written summary of the grounds on which the police detention decision was made.

Note

A contravention of this subsection may be an offence under section 13AZZX.

(2)To avoid doubt, subsection (1) does not require counter-terrorism intelligence to be included in the summary.

(3)Despite section 13AH(3), when a police officer takes a person into custody, the police officer does not need to—

(a)have a copy of the record of the police detention decision or the summary mentioned in subsection (1) with them; or

(b)produce a copy of the record or summary to the person being taken into custody.

13ALSummary explaining police detention decision to be given to detained person's lawyer

(1)A person who is being detained under section 13AH may request a police officer who is detaining them to arrange for a copy of the summary mentioned in section 13AK(1) to be given to a lawyer acting for the person in relation to the detention.

(2)The police officer must make arrangements for a copy of the summary to be given to the lawyer as soon as practicable after the request is made.

Note

A contravention of this subsection may be an offence under section 13AZZX.

(3)Without limiting subsection (2), the copy of the summary may be sent to the lawyer by electronic communication.

(4)To avoid doubt, subsection (2) does not entitle the lawyer to be given a copy of, or see, a document other than the summary.

13AMCompliance with section 13AK or 13AL not required if impractical because of actions of detained person

Section 13AK or 13AL does not apply if the actions of the person being detained under section 13AH make it impracticable for the police officer to comply with either section.

13ANLawfulness of person's detention not affected by non-compliance with section 13AK or 13AL

The lawfulness of a person's detention under section 13AH is not affected by a failure to comply with section 13AK or 13AL.

13AORequirement to provide name etc.

(1)This section applies if a police officer believes on reasonable grounds that a person whose name or address is, or whose name and address are, unknown to the police officer may be able to assist the police officer in executing a power under section 13AH.

(2)The police officer may request the person to provide their name or address, or name and address, to the police officer.

(3)A person commits an offence if—

(a)a police officer—

(i)makes a request of a person under subsection (2); and

(ii)informs the person of the reason for the request; and

(iii)if the police officer is not in uniform—shows the person evidence that they are a police officer; and

(iv)complies with subsection (5) if the person makes a request under that subsection; and

(b)the person—

(i)refuses or fails to comply with the request; or

(ii)gives a name or address that is false in a material particular.

Penalty:20 penalty units.

(4)Subsection (3) does not apply if the person has a reasonable excuse.

(5)If a police officer who makes a request of a person under subsection (2) is requested by the person to provide to the person any of the following—

(a)their name;

(b)the address of their place of duty;

(c)their identification number if they have an identification number;

(d)their rank if they do not have an identification number—

the police officer must not—

(e)refuse or fail to comply with the request; or

(f)give a name, address, number or rank that is false in a material particular.

Penalty:5 penalty units.

(6)Subsection (5) does not apply if the police officer has a reasonable excuse.

13APPower to enter premises for purpose of searching for, or taking into custody, a person

(1)This section applies if—

(a)a police detention decision is in effect in relation to a person; and

(b)a police officer believes on reasonable grounds that the person is on any premises.

(2)The police officer may enter the premises, using such force as is necessary and reasonable in the circumstances and with such assistance from other police officers as is necessary, at any time of the day or night for the purpose of—

(a)searching the premises for the person; or

(b)taking the person into custody.

(3)A police officer must not enter any premises that are used for residential purposes at any time during the period commencing at 9 p.m. on a day and ending at 6 a.m. on the following day unless the police officer believes on reasonable grounds that—

(a)it would not be practicable to take the person into custody, either at those premises or elsewhere, at another time; or

(b)it is necessary to do so in order to prevent the concealment, loss or destruction of evidence of, or relating to, a terrorist act.

13AQPower to conduct search of a person taken into custody under this Part

(1)This section applies if a police officer who takes a person into custody under section 13AH, or who is present when the person is taken into custody, suspects on reasonable grounds—

(a)that it is prudent to conduct a search of the person in order to ascertain whether the person is carrying any seizable items; or

(b)that the person is carrying—

(i)evidence of, or relating to, a terrorist act; or

(ii)a seizable item.

(2)The police officer may—

(a)conduct a search of the person in the prescribed manner at, or soon after, the time when the person is taken into custody; and

(b)seize any such thing found as a result of the search.

(3)Any thing seized under subsection (2) must be dealt with in accordance with the regulations.

13ARDetention of children in a youth justice facility

(1)This section applies if a police detention decision is made in relation to a child.

(2)If the police detention decision provides that the child must be detained under this Part in a youth justice facility, the police officer who is detaining the child must request the Secretary to the Department of Justice and Regulation to authorise the detention of that child in a youth justice facility.

Note

See also section 13AD.

(3)In all other cases, the police officer who is detaining the child under this Part may request the Secretary to the Department of Justice and Regulation to authorise the detention of that child in a youth justice facility.

(4)A request under subsection (2) or (3) must be accompanied by a written record that—

(a)specifies that a police detention decision has been made in relation to the child; and

(b)sets out—

(i)the date on which, and time at which, the child was first taken into custody or detained under this Part; and

(ii)whether any contact with the child has been prohibited under section 13AZZB and the terms of any prohibition.

(5)The information in the record under subsection (4) must be sworn or affirmed by the authorised police officer.

(6)If requested to do so under subsection (2) or (3), the Secretary to the Department of Justice and Regulation, by instrument, may authorise the detention in a youth justice facility of a child being detained under this Part.

(7)On the giving of an authorisation under subsection (6), a person at a youth justice facility acting under lawful authority on behalf of the Secretary may receive the child into the facility.

Note

See also section 483(1) and (1A) of the Children, Youth and Families Act 2005 and section 6E(1)(cab) of the Corrections Act 1986.

(8)If a child is being detained in a youth justice facility under this Part—

(a)the officer in charge of the facility is taken to be authorised to detain the child under this Part at the facility while the police detention decision is in effect in relation to the child; and

(b)section 13AY applies in relation to the child's detention under this Part at the facility as if—

(i)the officer in charge of that facility; or

(ii)any other person involved in the child's detention at that facility—

were a police officer exercising authority under this Part in relation to the detention of the child; and

(c)the police officer who made the request under subsection (2) or (3) is taken, while the child is detained at the facility, to be the police officer detaining the child for the purposes of Divisions 4, 5 and 7; and

(d)a police officer may at any time enter the facility and visit the child being detained in the facility in connection with the exercise of powers under this Part and the performance of obligations in relation to the child's detention under this Part.

(9)The Secretary to the Department of Justice and Regulation, by instrument, may delegate any function or power of the Secretary under this section (except this power of delegation) to any person, or class of person, employed in the Department of Justice and Regulation under Part 3 of the Public Administration Act 2004.

13ASApplication of Children, Youth and Families Act 2005 to children detained under this Part in a youth justice facility

(1)No provision of the Children, Youth and Families Act 2005 applies in respect of the detention of a child under this Part in a youth justice facility other than the following provisions of that Act—

(a)section 17(1) and, to the extent that it relates to section 597(3) or 597(4), section 17(2);

(b)section 482(1) other than paragraphs (b) to (d);

(c)section 482(2) other than paragraphs (a) and (b);

(d)section 482(3);

(e)section 483(1) and 483(1A);

(f)section 487 other than paragraph (f) to the extent that that paragraph applies to discriminatory treatment that is reasonable and necessary having regard to the nature of the child's detention;

(g)sections 488A to 488G;

(h)section 501;

(i)section 597.

(2)If a provision of the Children, Youth and Families Act 2005 applies (with or without modification) in respect of the detention under this Part of a child in a youth justice facility, any provision of the regulations made under that provision, or under that Act for or with respect to that provision, also applies in respect of that detention with any necessary modifications.

(3)The Children, Youth and Families Act 2005, in its application in respect of the detention of a child under this Part in a youth justice facility, has effect subject to this Part and, in the event of any inconsistency between that Act and this Part, this Part prevails over that Act.

13ATTransfer of detained child into legal custody of Chief Commissioner for questioning

(1)This section applies if—

(a)a child is being detained under this Part in a youth justice facility; and

(b)a police officer wants to question the child under Division 6.

(2)An authorised police officer may request the Secretary to the Department of Justice and Regulation to release the child from detention in the youth justice facility into the custody of a police officer.

(3)A request under subsection (2) must be accompanied by a written record that—

(a)specifies that a police detention decision has been made in relation to the child; and

(b)sets out the date on which, and time at which, the child was first taken into custody or detained under this Part.

(4)The information in the record under subsection (3) must be sworn or affirmed by the authorised police officer.

(5)If requested to do so under subsection (2), the Secretary to the Department of Justice and Regulation, by instrument, may authorise the release of the child from detention in the youth justice facility into the custody of a police officer.

(6)On the giving of an authorisation under subsection (5), a police officer may take physical custody of the child.

Note

See also section 483(1) and (1A) of the Children, Youth and Families Act 2005 and section 6D(2AA) of the Corrections Act 1986.

13AUReturn of child to youth justice facility at end of questioning

(1)This section applies if a police officer has taken custody of a child under section 13AT(6) for the purpose of questioning that child under Division 6.

(2)At the cessation of the questioning, the police officer who is detaining the child under this Part must deliver the child back to the youth justice facility at which the child was detained at the time of the request under section 13AT(2).

Note

See also section 483(1) and (1A) of the Children, Youth and Families Act 2005 and section 6E(1)(cab) of the Corrections Act 1986.

13AVEffect on period of detention of transfers of custody of children for questioning purposes

To avoid doubt, the transfer of the custody of a child under section 13AT or 13AU does not extend the maximum period for which the child may be detained under this Part.

Division 4—Informing person detained about police detention decision

13AWEffect of police detention decision to be explained to person detained

(1)As soon as practicable after a person is first detained under section 13AH, the police officer who is detaining the person must inform the person of the matters covered by subsection (2).

Notes

1     A contravention of this subsection may be an offence under section 13AZZX.

2     A contravention of this section does not affect the lawfulness of the person's detention under this Part (see section 13AX(5)).

(2)The matters covered by this subsection are—

(a)the fact that a police detention decision has been made in relation to the person; and

(b)the reasons for the making of the police detention decision; and

(c)the maximum period for which the person may be detained under this Part; and

(d)the fact that an interim preventative detention order or preventative detention order may be applied for in relation to the person; and

(e)the maximum period for which the person may be detained under a preventative detention order; and

(f)the fact that the person may be questioned by a police officer while in detention under this Part and the person's entitlement to reasonable breaks during questioning; and

(g)the people that the person may contact while being detained under this Part; and

(h)any restrictions that may apply to the people that the person may contact while the person is being detained under this Part; and

(i)the fact that the person's communication with persons referred to in section 13AZQ, and with their lawyer, may be monitored under section 13AZX or 13AZY;

(j)the person's entitlement under section 13AZZL to make representations to the nominated senior police officer in relation to—

(i)the exercise of powers under this Part and the performance of obligations in relation to the detention of a person under this Part; or

Example

Powers and obligations of police officers under Division 9.

(ii)the treatment of the person while in detention under this Part; and

(k)any right the person has to complain to the Ombudsman under the Ombudsman Act1973 or the IBAC under the Independent Broad-based Anti-corruption Commission Act 2011 in relation to—

(i)the making of the police detention decision in relation to the person; or

(ii)the treatment of the person while in detention under this Part; and

(l)the fact that the person may seek from a court a remedy relating to—

(i)the police detention decision; or

(ii)the treatment of the person while in detention under this Part; and

(m)in the case of a child being detained under this Part, the child's entitlement to contact the Commission for Children and Young People under section 13AZS; and

(n)the person's entitlement to contact a lawyer under section 13AZV; and

(o)the person's entitlement to contact a consular office under section 13AZE or 13AZT; and

(p)the person's entitlement to an interpreter under section 13AZB or 13AZD; and

(q)the name and work telephone number of the nominated senior police officer referred to in paragraph (j).

13AXCompliance with obligations to inform

(1)Section 13AW(1) does not apply if the actions of the person being detained under this Part make it impracticable for the police officer to comply with that subsection.

(2)The police officer detaining the person under this Part complies with section 13AW(1) if the police officer informs the person in substance of the matters covered by section 13AW(2) (even if this is not done in language of a precise or technical nature).

(3)The police officer detaining the person under this Part must arrange for the assistance of an interpreter in complying with section 13AW(1) if the police officer has reasonable grounds to believe that the person is unable, because of inadequate knowledge of the English language or a disability, to communicate with reasonable fluency in that language.

(4)Without limiting subsection (3), the assistance of the interpreter may be provided by telephone.

(5)The lawfulness of a person's detention under this Part is not affected by a failure to comply with section 13AW(1) or subsection (3) of this section.

Division 5—Treatment of person detained

13AYHumane treatment of person being detained

A person being taken into custody, or being detained, under this Part—

(a)must be treated with humanity and with respect for human dignity; and

(b)must not be subjected to cruel, inhuman or degrading treatment—

by anyone exercising authority under this Part or implementing or enforcing the police detention decision in relation to the person.

Note

A contravention of this section may be an offence under section 13AZZX.

13AZDetention of children

(1)Subject to subsection (2), the police officer detaining a child under this Part must ensure that the child is not detained together with persons who are 18 years of age or older.

Note

A contravention of this subsection may be an offence under section 13AZZX.

(2)Subsection (1) does not apply if the nominated senior police officer in relation to the child approves the child being detained together with persons who are 18 years of age or older.

(3)The nominated senior police officer in relation to the child may give an approval under subsection (2) only if there are exceptional circumstances justifying the giving of the approval.

(4)An approval under subsection (2) must—

(a)be given in writing; and

(b)set out the exceptional circumstances that justify the giving of the approval.

13AZARestrictions on contact with other people

(1)Except as provided under this Division, Division 6 and Division 7, while a person is being detained under this Part, the person—

(a)is not entitled to contact another person; and

(b)may be prevented from contacting another person.

(2)While a child is being detained under this Part in a youth justice facility, the child is required to give to a police officer exercising authority under this Part any letter that the child wishes to send to any person other than—

(a)the Ombudsman under the Ombudsman Act 1973; or

(b)the IBAC under the Independent Broad-based Anti-corruption Commission Act 2011; or

(c)the Commission for Children and Young People.

(3)The officer in charge of a youth justice facility who receives—

(a)from a child being detained under this Part in the facility a letter required by subsection (2) to be given to a police officer referred to in that subsection; or

(b)a letter sent to a child being detained under this Part in the facility—

must as soon as practicable give that letter to such a police officer.

(4)Subsections (2) and (3) apply to legal documents exchanged between a lawyer and a child being detained under this Part in a youth justice facility as if that document were a letter.

(5)A child being detained under this Part in a youth justice facility may retain any legal documents that are in the child's possession, subject to reasonable quantity limits imposed by the officer in charge of the youth justice facility.

13AZBSpecial assistance for person with inadequate knowledge of English language or disability

If the police officer who is detaining a person under this Part has reasonable grounds to believe that the person is unable because of inadequate knowledge of the English language or a disability, to communicate with reasonable fluency in that language—

(a)the police officer has an obligation under section 13AX(3) to arrange for the assistance of an interpreter in informing the person about—

(i)the effect of the police detention decision in relation to the person; and

(ii)the person's rights in relation to their detention under this Part; and

(b)the police officer has an obligation under section 13AZW(2) to give the person reasonable assistance to—

(i)choose a lawyer to act for the person in relation to the order; and

(ii)contact the lawyer.

Division 6—Questioning

Subdivision 1—Authority to question

13AZCQuestioning during detention

(1)Subject to this Division, a police officer may question a person being detained under this Part in connection with—

(a)a terrorist act in relation to which the police detention decision relating to the person was made; or

(b)any other terrorist act that—

(i)has occurred within 28 days before the day on which the police detention decision relating to the person was made; or

(ii)the authorised police officer who made the police detention decision has reasonable grounds to suspect could occur within 14 days after the day on which the police detention decision relating to the person was made.

(2)Before any questioning under subsection (1) commences, the police officer must inform the person being detained under this Part that—

(a)the person does not have to say or do anything but that anything the person does say or do may be given in evidence; and

(b)the person may communicate with or attempt to communicate with a lawyer (whether the term legal practitioner or lawyer is used); and

(c)if the person is not a citizen or permanent resident of Australia—the person may communicate with or attempt to communicate with the consular office of the country of which the person is a citizen; and

(d)if the police officer has reasonable grounds to believe that the person is unable, because of inadequate knowledge of the English language or a disability, to communicate with reasonable fluency in that language—the person may request the assistance of an interpreter.

(3)In addition, before any questioning under subsection (1) commences, the police officer must inform the person being detained under this Part of the reasons for the making of the police detention decision.

(4)The duration of any period of questioning of a person being detained under this Part must be reasonable.

(5)The person must also be given—

(a)a rest from questioning for a continuous period of 8 hours in any period of 24 hours of detention; and

(b)reasonable breaks during any period of questioning.

(6)This section does not prevent the questioning of a person being detained under this Part for the purposes of—

(a)ensuring the safety and wellbeing of the person; or

(b)allowing a police officer to comply with a requirement imposed by law on the police officer in relation to the detention of the person.

13AZDQuestioning to be deferred to allow for interpreter

(1)This section applies if a police officer has reasonable grounds to believe that a person being detained under this Part is unable, because of inadequate knowledge of the English language or a disability, to communicate with reasonable fluency

in that language.

(2)A police officer must, before any questioning commences section 13AZC, arrange for the presence of a competent interpreter and defer the questioning until the interpreter is present.

13AZEQuestioning to be deferred to enable communication with lawyer or consular office

Subject to section 13AZH or 13AZZB, a police officer must defer questioning under section 13AZC for a time that is reasonable in the circumstances to enable the person being detained to communicate, or attempt to communicate, with—

(a)a lawyer; or

Note

See also sections 13AZV and 13AZW.

(b)if the person is not a citizen or permanent resident of Australia—the consular office of the country of which the person is a citizen.

13AZFRole of lawyers during questioning

If a person being detained under this Part arranges for a lawyer to be present during the questioning under section 13AZC, the police officer conducting the questioning, subject to section 13AZH or 13AZZB, must—

(a)before any questioning commences, allow the person to communicate with the lawyer; and

(b)allow the lawyer to be present during any questioning and to give advice to the person.

13AZGQuestioning of children

(1)This section applies if a person being detained under this Part is a child.

(2)Subject to section 13AZH or 13AZZB, a police officer must not question the child under section 13AZC unless—

(a)a parent or guardian of the child or, if a parent or guardian is not available, an independent person is present; and

(b)before any questioning commences, the police officer has allowed the child to communicate with the child's parent or guardian or the independent person.

(3)In addition but subject to subsection (5), if the child, or parent or guardian of the child, does not arrange for a lawyer to be present during questioning under section 13AZC, a police officer must request Victoria Legal Aid to arrange for a lawyer to be present during questioning.

(4)Despite anything in the Legal Aid Act 1978, Victoria Legal Aid must arrange a lawyer (a VLA arranged lawyer) to be present during questioning and to offer to provide legal advice to the child.

(5)If during questioning of the child, a police officer believes on reasonable grounds that the VLA arranged lawyer is unreasonably interfering with the questioning, the police officer may stop that lawyer from being present during that questioning.

Note

In the case of a lawyer who is not a VLA arranged lawyer, see section 13AZH.

(6)During any questioning of the child, the child, the child's parent or guardian, the independent person or any lawyer who is present during questioning may request a break in the questioning if the child becomes distressed or unable to concentrate.

(7)A police officer conducting the questioning must not unreasonably refuse to accede to a request under subsection (6).

13AZHCommunication with lawyers, consular officials, parents, guardians or independent person may be restricted

A police officer does not have to comply with section 13AZE, 13AZF or 13AZG(2) if the police officer believes on reasonable grounds that—

(a)the communication or contact would result in—

(i)a risk arising in relation to action being taken to prevent a terrorist act occurring; or

(ii)serious harm to a person; or

(iii)the destruction of evidence of, or relating to, a terrorist act; or

(iv)interference with the gathering of information about—

(A)a terrorist act; or

(B)the preparation for, or the planning of, a terrorist act; or

(v)a risk arising in relation to—

(A)the arrest of a person who is suspected of having committed an offence against Part 5.3 of the Criminal Code of the Commonwealth; or

(B)the taking into custody of a person in relation to whom a police detention decision is in effect, or in relation to whom a police detention decision is likely to be made; or

(C)the taking into custody of a person in relation to whom a preventative detention order is in force, or in relation to whom a preventative detention order is likely to be made; or

(D)the service on a person of a Commonwealth control order; or

(b)the questioning is so urgent, having regard to the safety of other people, that it should not be delayed; or

(c)in the case of a lawyer who is present during the questioning, the lawyer is unreasonably interfering with the questioning.

Subdivision 2—Recording of questioning

13AZIDefinitions

In this Subdivision—

authorised person means any of the following—

(a)a member of Victoria Police personnel (other than a protective services officer);

(b)a person or body engaged to provide services to Victoria Police in relation to the installation or maintenance of recording equipment;

(c)the Director of Public Prosecutions for Victoria or a person acting under the authority of the Director;

(d)the Chief Crown Prosecutor or a Crown Prosecutor or Associate Crown Prosecutor appointed under the Public Prosecutions Act 1994;

(e)a person employed in the Office of Public Prosecutions under the Public Prosecutions Act 1994;

(f)a lawyer representing—

(i)the State; or

(ii)an informant;

(g)a lawyer representing a person recorded under section 13AZK;

(h)an officer or employee of Victoria Legal Aid employed under the Legal Aid Act 1978;

(i)a court or a person acting under the direction of a court;

(j)a coroner within the meaning of the Coroners Act 2008 or a person acting under the direction of a coroner;

(k)the Information Commissioner appointed under the Freedom of Information Act 1982 or the Privacy and Data Protection Deputy Commissioner appointed under the Privacy and Data Protection Act 2014;

(l)the Chief Examiner or an Examiner appointed under

Part 3 of the Major Crime (Investigative Powers) Act 2004 or a person acting under the direction of the Chief Examiner or an Examiner;

(m)the Commissioner within the meaning of the Independent Broad-based Anti-corruption Commission Act 2011 or a person acting under the direction of the Commissioner;

(n)the Inspector within the meaning of the Victorian Inspectorate Act 2011 or a person acting under the direction of the Inspector;

(o)a member of the Legislative Assembly or Legislative Council or a person acting under the direction of the member;

(p)a person, or person belonging to a class of persons, prescribed for the purposes of this definition;

(q)a police officer or person acting under the direction of the police officer;

(r)a person engaged by a Department or agency to store or retrieve a record;

publish means—

(a)insert in a newspaper or other publication; or

(b)disseminate by broadcast, telecast or cinematograph; or

(c)bring to the notice of the public or any member of the public by any other means, including by publication on the Internet;

recording means a recording made in accordance with section 13AZK;

representation has the same meaning as in the Evidence Act 2008.

13AZJDigital recordings

If this Subdivision requires an audio recording or an audiovisual recording to be made and the recording is made in a digitised format, the maker of the recording must certify that the recording has not been altered after its making and that the prescribed requirements, if any, in relation to the method of recording have been met.

13AZKRecording of questioning

(1)A police officer who questions a person under this Division must, in accordance with this section, record the following things (the questioning matter)—

(a)the questioning of the person;

(b)the giving of information to the person under section 13AZC(2) and (3);

(c)the person's responses (if any) to any questions and the giving of that information.

(2)If the person being questioned is a child, the police officer must make an audiovisual recording of the questioning matter.

(3)If the person being questioned is not a child, the police officer must ensure that—

(a)an audiovisual recording is made of the questioning matter if it is practicable to do so; or

(b)an audio recording is made of the questioning matter if it is not practicable for an audiovisual recording to be made of the questioning matter.

13AZLPerson questioned to be given copy of recordings

(1)If the questioning of a person or the giving of information is recorded as required under section 13AZK, the police officer must give to the person or the person's lawyer without charge—

(a)if either an audio recording or an audiovisual recording was made, a copy of that recording as soon as practicable but not later than 7 days after the recording was made; and

(b)if both an audio recording and an audiovisual recording were made—

(i)the audio recording as soon as practicable but not later than 7 days after the recording was made; and

(ii)if the person is charged with an offence to which the recording relates, a copy of the audiovisual recording as soon as practicable but not later than 7 days after the person is charged; and

(c)if a transcript of the recording is prepared, a copy of the transcript as soon as practicable but not later than 7 days after the transcript was made.

(2)The person or the lawyer representing the person may request an additional copy of the audiovisual recording referred to in subsection (1).

(3)On receiving a request under subsection (2), a police officer must give an additional copy of the audiovisual recording.

13AZMEvidence of representations

(1)Subject to subsection (2), evidence of a representation made by a person detained under this Part that is adverse to the person's interests is inadmissible as evidence against the person in a proceeding for an offence unless—

(a)that representation was recorded by audio recording or audiovisual recording under section 13AZK; and

(b)if either an audio recording or an audiovisual recording was made, that recording or, if both an audio recording and an audiovisual recording were made, the audiovisual recording is available to be tendered in evidence.

(2)A court may admit evidence of a representation made by a person detained under this Part that is otherwise inadmissible by reason of subsection (1) if the person seeking to adduce the evidence satisfies the court on the balance of probabilities that the circumstances—

(a)are exceptional; and

(b)justify the reception of the evidence.

13AZNOffences in relation to recordings

(1)A person must not knowingly possess an audio recording or an audiovisual recording unless the person—

(a)is the person who was questioned and given information under section 13AZC and the audio recording or audiovisual recording is a recording of that questioning and that giving of information; or

(b)is a lawyer representing the person referred to in paragraph (a); or

(c)is an authorised person acting in the performance of their duties; or

(d)has possession of the recording in a sealed package in the course of their duties as a person engaged by a person referred to in paragraph (a), (b) or (c) to transport the recording to that person.

Penalty:In the case of a natural person, level 8 imprisonment (1 year maximum);

In the case of a body corporate, 600 penalty units.

(2)A person must not play an audio recording or an audiovisual recording to another person unless—

(a)the recording is played for purposes connected with any civil or criminal proceeding and any inquiry before any court or tribunal; or

(b)the recording is played for purposes connected with an investigation of a death or a fire or an inquest held by a coroner; or

(c)the recording is played for purposes connected with disciplinary action against a police officer under the Victoria Police Act 2013; or

(d)the recording is played for purposes connected with disciplinary action against a lawyer; or

(e)the recording is played in accordance with the direction of a court under section 13AZO; or

(f)the recording is played by an authorised person acting in the course of their duties.

Penalty:In the case of a natural person, level 8 imprisonment (1 year maximum);

In the case of a body corporate, 600 penalty units.

(3)A person must not supply or offer to supply an audio recording or an audiovisual recording to another person other than—

(a)the person in relation to whom the recording was made; or

(b)a lawyer representing the person referred to in paragraph (a); or

(c)an authorised person acting in the performance of their duties; or

(d)a person engaged by a person referred to in paragraph (a), (b) or (c) to transport the recording.

Penalty:In the case of a natural person, level 8 imprisonment (1 year maximum);

In the case of a body corporate, 600 penalty units.

(4)A person, other than an authorised person acting in the performance of their duties, must not copy the whole or any part of an audio recording or an audiovisual recording or permit another person to make such a copy, unless the person is acting in accordance with the direction of a court under section 13AZO.

Penalty:In the case of a natural person, level 8 imprisonment (1 year maximum);

In the case of a body corporate, 600 penalty units.

(5)An authorised person must not knowingly or recklessly tamper with, modify or erase (in whole or in part) a recording while the recording is being retained under section 13AZP, except in accordance with the direction of a court under section 13AZO.

Penalty:In the case of a natural person, level 8 imprisonment (1 year maximum);

In the case of a body corporate, 600 penalty units.

(6)A person must not publish or cause to be published the whole or any part of an audio recording or an audiovisual recording except in accordance with the direction of a court under section 13AZO.

Penalty:In the case of a natural person, level 7 imprisonment (2 years maximum);

In the case of a body corporate, 1200 penalty units.

13AZOCourt may give directions in relation to a recording

A court may give directions, with or without conditions, as to the supply, copying, editing, erasure, playing or publishing of an audio recording or an audiovisual recording.

13AZPRetention of copy of recording

(1)The Chief Commissioner must keep a copy of a recording, if the recording has been made by a police officer under this Division, in safe custody.

(2)A recording referred to in subsection (1) must be kept for a period of 7 years from the making of the recording.

(3)If a court is satisfied that there is good cause to keep a copy of a recording for a period longer than 7 years, the court may order that the Chief Commissioner retain the copy for a further period specified in the order.

(4)An application for an order under subsection (3) may be made by—

(a)the person in relation to whom the recording was made; or

(b)an authorised person acting in the performance of the person's duties.

(5)The court must not make an order under subsection (3) unless—

(a)the court is satisfied that the applicant has given reasonable notice of the application to—

(i)the person in relation to whom the recording was made; and

(ii)the Chief Commissioner; and

(b)the court has given that person and the Chief Commissioner a reasonable opportunity to be heard.

(6)In this section—

court means—

(a)if a criminal proceeding to which the recording relates has commenced but has not been completed, the court hearing the proceeding;

(b)in any other case, the Magistrates' Court.

Division 7—Contact with other people

13AZQContacting family members etc.

(1)This section applies subject to section 13AZZB.

(2)A person being detained under this Part is entitled to contact once any one or more of the following persons solely for the purposes of letting the person contacted know that the person being detained is safe and is being detained—

(a)the person's parents or one of person's other family members;

(b)if the person—

(i)lives with another person and that other person is not a family member of the person being detained; or

(ii)lives with other people and those other people are not family members of the person being detained—

that other person or one of those other people;

(c)if the person is employed—the person's employer;

(d)if the person employs people in a business—one of the people the person employs in that business;

(e)if the person engages in a business together with another person or other people—that other person or one of those other people;

(f)if the police officer detaining the person agrees to the person contacting another person—that person.

(3)The form of contact that the person being detained is entitled to have with another person under subsection (2) is by telephone or electronic communication.

(4)To avoid doubt, the person being detained under this Part is entitled, under subsection (2), to disclose—

(a)the fact that a police detention decision has been made in relation to the person; and

(b)the fact that the person is being detained; and

(c)the period for which the person is being detained.

(5)In addition, a police officer detaining a person under this Part must allow the person, while being detained, to have further contact with one or more of the person's family members or any other person if it is reasonably practicable for that contact to happen.

(6)To avoid doubt, the person being detained is entitled to disclose the following to a person with whom the person has contact under subsection (5)—

(a)the fact that a police detention decision has been made in relation to the person;

(b)the fact that the person is being detained;

(c)the period for which the person is being detained.

(7)The form of contact that the person being detained under this Part is entitled to have with another person under subsection (5) includes—

(a)being visited by that other person; and

(b)communicating with that other person by telephone or electronic communication.

13AZRContacting the Ombudsman or the IBAC

(b)the information relied on in making that assessment.

(2)The specified entities are—

(a)the Australian Crime Commission (by whatever name described) established by the Australian Crime Commission Act 2002 of the Commonwealth; and

(b)Victoria Police; and

(c)the Australian Federal Police; and

(d)the Australian Security and Intelligence Organisation; and

(e)the Department; and

(f)the police force or police service of another State or a Territory; and

(g)the Department of Home Affairs of the Commonwealth; and

(h)each prescribed entity.

(3)Without limiting subsection (1)(b), the information referred to in that provision may include—

(a)information regarding the person having expressed support for—

(i)the doing of a terrorist act; or

(ii)a terrorist organisation; or

(iii)the provision of resources to a terrorist organisation; or

(b)information regarding the person having, or having had, an association with—

(i)another person or a group that has expressed support of the kind referred to in paragraph (a); or

(ii)another person or a group that is directly or indirectly engaged in, preparing for, planning, assisting in or fostering the doing of a terrorist act; or

(iii)a terrorist organisation.

Note

Other provisions of this Act prevent decision-makers from having regard to information referred to in paragraph (b) unless the decision-maker is satisfied that the person knew certain matters about the person or group that the association is with. See sections 74(1AAC), 74AAC(4) and 77(3G).".

120Secretary to supply assistance to Board

After section 70(3) of the Corrections Act 1986 insert—

"(4)The Secretary may provide to the Board terrorism risk information in respect of a prisoner for the purposes of this Division.".

121Release on parole after service of non-parole period

(1)In section 74(1) of the Corrections Act 1986, for "section 74AAB" substitute "sections 74AAB, 74AAC".

(2)After section 74(1AA) of the Corrections Act 1986 insert—

"(1AAB)For the purposes of subsection (1) but subject to subsection (1AAC), the Board must have regard to the terrorism risk information in respect of the prisoner that is provided to the Board by the Secretary under section 70(4) (if any).

Note

Under section 74AAC, certain restrictions apply if a division of the Board other than the SVOSO division is considering whether to make the order and terrorism risk information is provided.

(1AAC)The Board must not have regard to terrorism risk information regarding the prisoner having, or having had, an association with a person or group referred to in section 3B(3)(b)(i), (ii) or (iii) unless the Board is satisfied that the prisoner knew—

(a)that the person or group had expressed support for—

(i)the doing of a terrorist act; or

(ii)a terrorist organisation; or

(iii)the provision of resources to a terrorist organisation; or

(b)that the person or group was directly or indirectly engaged in, preparing for, planning, assisting in or fostering the doing of a terrorist act; or

(c)that the group was a terrorist organisation.".

122Parole decisions made by Serious Violent Offender or Sexual Offender Parole Division

(1)For the heading to section 74AAB of the Corrections Act 1986 substitute—

"Parole decisions made by Serious Violent Offender or Sexual Offender Parole Division".

(2)In section 74AAB(1) of the Corrections Act 1986 omit "(SVOSO division)".

(3)For section 74AAB(2) of the Corrections Act 1986 substitute—

"(2)The primary function of the SVOSO division is to decide whether or not to make an order under section 74—

(a)that a prisoner who does not have a terrorism record be released on parole in respect of—

(i)a sexual offence; or

(ii)a serious violent offence; or

(b)that a prisoner who has a terrorism record be released on parole in respect of any offence; or

(c)that a prisoner who is charged with a terrorism or foreign incursion offence be released on parole in respect of any offence; or

(d)following a referral made under section 74AAC(5)(b).

Note

Section 74AAC requires other divisions of the Board to refer parole decisions to the SVOSO division if satisfied that there is a risk that the prisoner will commit a terrorism or foreign incursion offence.

(2A)The only other function of the SVOSO division is to decide whether to make an order under section 77A(2) revoking the cancellation of a prisoner's parole under section 77(6).".

(4)In section 74AAB(3) of the Corrections Act 1986, for "under section 74 that a prisoner be released on parole in respect of a sexual offence, a serious violent offence or a terrorism or foreign incursion offence" substitute "referred to in subsection (2)".

(5)In section 74AAB(5) of the Corrections Act 1986, for "that a prisoner be released on parole in respect of a sexual offence, a serious violent offence or a terrorism or foreign incursion offence" substitute "referred to in subsection (2)(a)".

(6)After section 74AAB(5) of the Corrections Act 1986 insert—

"(5A)The SVOSO division may only make an order referred to in subsection (2)(b), (c) or (d) if—

(a)another division of the Board has recommended that parole be granted; and

(b)the SVOSO division has considered the recommendation; and

(c)the SVOSO division is satisfied that—

(i)in the case of a prisoner who has been convicted of a terrorism or foreign incursion offence, there are exceptional circumstances that justify making the order; or

(ii)in any other case, there are compelling reasons that justify making the order.".

(7)In section 74AAB(6) of the Corrections Act 1986, for "subsection (5)," substitute "subsections (5) and (5A),".

(8)In section 74AAB(7) of the Corrections Act 1986, for "that a prisoner be released on parole in respect of a sexual offence, a serious violent offence or a terrorism or foreign incursion offence" substitute "referred to in subsection (2)".

123New section 74AAC inserted

After section 74AAB of the Corrections Act 1986 insert—

"74AAC   Parole decisions where terrorism risk information provided to Board

(1)This section applies if—

(a)a division of the Board (other than the SVOSO division) is considering whether or not to make an order under section 74 that a prisoner be released on parole in respect of any offence; and

(b)the prisoner does not have a terrorism record; and

(c)the Secretary provides the Board with terrorism risk information in respect of the prisoner under section 70(4).

(2)Before making the order referred to in subsection (1)(a), the division must determine whether or not it is satisfied that there is a risk that the prisoner will commit a terrorism or foreign incursion offence.

(3)For the purposes of subsection (2), the division must have regard to—

(a)subject to subsection (4), the terrorism risk information referred to in subsection (1)(c); and

(b)the record of the court in relation to the prisoner's offending, including the judgment and the reasons for sentence.

(4)The division must not have regard to terrorism risk information regarding the prisoner having, or having had, an association with a person or group referred to in section 3B(3)(b)(i), (ii) or (iii) unless the division is satisfied that the prisoner knew—

(a)that the person or group had expressed support for—

(i)the doing of a terrorist act; or

(ii)a terrorist organisation; or

(iii)the provision of resources to a terrorist organisation; or

(b)that the person or group was directly or indirectly engaged in, preparing for, planning, assisting in or fostering the doing of a terrorist act; or

(c)that the group was a terrorist organisation.

(5)If the division is satisfied that there is a risk that the prisoner will commit a terrorism or foreign incursion offence—

(a)the division must not make an order under section 74 that the prisoner be released on parole; and

(b)instead, the division must either—

(i)refuse to make an order under section 74 that the prisoner be released on parole; or

(ii)subject to subsection (6), refer the decision of whether to make the order to the SVOSO division along with a recommendation that parole should be granted.

(6)The division must not refer the decision to the SVOSO division under subsection (5)(b)(ii) unless the division is satisfied that—

(a)in the case of a prisoner who has been convicted of a terrorism or foreign incursion offence, there are exceptional circumstances that justify releasing the prisoner on parole; or

(b)in any other case, there are compelling reasons that justify releasing the prisoner on parole.

(7)This section applies whether the prisoner was sentenced to imprisonment in respect of the offence before or after this section comes into operation.".

124Cancellation of parole

(1)In section 77(2) of the Corrections Act 1986, for "subsection (3)," substitute "subsections (3) and (3A),".

(2)For section 77(3)(a) of the Corrections Act 1986 substitute—

"(a)the prisoner referred to in subsection (2)—

(i)was released on parole in respect of a sexual offence or a serious violent offence; and

(ii)was not released on parole under an order under section 74 made following a referral under section 74AAC(5)(b); and

(iii)does not have a terrorism record; and".

(3)After section 77(3) of the Corrections Act 1986 insert—

"(3A)If—

(a)the prisoner referred to in subsection (2)—

(i)was released on parole under an order under section 74 made following a referral under section 74AAC(5)(b); or

(ii)has a terrorism record; and

(b)the offence with which the prisoner was charged, while on parole, was a sexual offence, a violent offence or a terrorism or foreign incursion offence—

the Board must determine under subsection (2) to cancel the parole of the prisoner unless the Board is satisfied, having regard to the terrorism risk information provided to the Board by the Secretary under section 70(4) in respect of the prisoner (if any), that the applicable threshold under subsection (3H) is met.

(3B)Subject to subsection (3C), the Board must consider whether to cancel the parole or to vary the terms and conditions of the parole of a prisoner if the prisoner comes to have a terrorism record while on parole.

Example

A prisoner becomes subject to a terrorism-related order while on parole.

(3C)The Board must determine under subsection (3B) to cancel the parole of the prisoner unless the Board is satisfied, having regard to the terrorism risk information provided to the Board by the Secretary under section 70(4) in respect of the prisoner (if any), that the applicable threshold under subsection (3H) is met.

(3D)Subject to subsections (3E) and (3F), if under section 70(4) the Secretary provides the Board with new terrorism risk information in respect of a prisoner who is on parole, the Board must consider whether to cancel the parole or to vary the terms and conditions of the parole.

(3E)The Board must determine under subsection (3D) to cancel the parole of the prisoner if the Board is satisfied, having regard to the new terrorism risk information, that—

(a)in the case of a prisoner who was released on parole under an order under section 74 made following a referral under section 74AAC(5)(b), there has been an increase in the risk in relation to which that referral was made; or

Note

Section 74AAC(5) requires that a decision of whether to grant parole be referred to the SVOSO division if there is a risk that the prisoner will commit a terrorism or foreign incursion offence.

(b)in the case of a prisoner who had a terrorism record when released on parole, the risk that the prisoner will commit a terrorism or foreign incursion offence has increased since the prisoner was released on parole; or

(c)in any other case, there is a risk that the prisoner will commit a terrorism or foreign incursion offence if released on parole.

(3F)Despite subsection (3E), the Board is not required to determine under that subsection to cancel the parole of the prisoner if the Board is satisfied, having regard to the terrorism risk information provided to the Board by the Secretary under section 70(4) in respect of the prisoner, that the applicable threshold under subsection (3H) is met.

(3G)For the purposes of subsection (3C), (3D), (3E) or (3F), the Board must not have regard to terrorism risk information regarding the prisoner having, or having had, an association with a person or group referred to in section 3B(3)(b)(i), (ii) or (iii) unless the Board is satisfied that the prisoner knew—

(a)that the person or group had expressed support for—

(i)the doing of a terrorist act; or

(ii)a terrorist organisation; or

(iii)the provision of resources to a terrorist organisation; or

(b)that the person or group was directly or indirectly engaged in, preparing for, planning, assisting in or fostering the doing of a terrorist act; or

(c)that the group was a terrorist organisation.

(3H)For the purposes of this section, the applicable threshold for a prisoner on parole is—

(a)if the prisoner has been convicted of a terrorism or foreign incursion offence, that there are exceptional circumstances that justify the continuation of the parole; or

(b)otherwise, that there are compelling reasons that justify the continuation of the parole.".

(4)For section 77(6) of the Corrections Act 1986 substitute—

"(6)The parole of a prisoner is taken to have been cancelled on the conviction of the prisoner for a sexual offence, a violent offence or a terrorism or foreign incursion offence that was committed during the parole period if—

(a)the prisoner—

(i)did not have a terrorism record immediately before that conviction; and

(ii)was released on parole in respect of a sexual offence or a serious violent offence; or

(b)the prisoner had a terrorism record immediately before that conviction; or

(c)the prisoner was released on parole under an order under section 74 made following a referral under section 74AAC(5)(b).".

125Revocation of cancellation

(1)In section 77A(2) of the Corrections Act 1986, for "The" substitute "Subject to subsection (2A), the".

(2)After section 77A(2) of the Corrections Act 1986 insert—

"(2A)The cancellation of a prisoner's parole in accordance with section 77(6) may be revoked only by an order made by the SVOSO division.".

126Schedule 4 repealed

Schedule 4 to the Corrections Act 1986 is repealed.

Division 3—Police detention decision amendments

127When does legal custody of the Secretary cease?

(1)In section 6B(1)(b) of the Corrections Act 1986, after "authority" insert ", or in accordance with an Act,".

(2)At the end of section 6B of the Corrections Act 1986 insert—

"(3)A person in relation to whom a preventative detention order (within the meaning of the Terrorism (Community Protection) Act 2003) is in effect and who is detained in a prison (a detained person) also ceases to be in the legal custody of the Secretary when a person acting under lawful authority on behalf of the Secretary gives the physical custody of the detained person to a police officer under section 13WB of that Act.".

128When is a person in the legal custody of the Chief Commissioner of Police?

After section 6D(2) of the Corrections Act 1986 insert—

"(2AA)A person is also deemed to enter the legal custody of the Chief Commissioner for the purposes of this Act when a police officer takes physical custody of the person under section 13AH, 13AT or 13WB of the Terrorism (Community Protection) Act 2003.".

129When does legal custody of the Chief Commissioner of Police cease?

(1)In section 6E(1)(b) of the Corrections Act 1986, after "authority" insert ", or in accordance with an Act,".

(2)After section 6E(1)(ca) of the Corrections Act 1986 insert—

"(cab)when a police officer detaining a person under Part 2AA of the Terrorism (Community Protection) Act 2003 gives custody of the person to a person at a youth justice facility who acting under lawful authority on behalf of the Secretary may receive the person into the facility; or

(cac)when a police officer detaining a person under a preventative detention order within the meaning of Terrorism (Community Protection) Act 2003 gives custody of the person to, as the case requires—

(i)a person at a prison who acting under lawful authority on behalf of the Secretary may receive the person into the prison; or

(ii)a person at a youth justice facility who acting under lawful authority on behalf of the Secretary may receive the person into the facility; or".

Division 4—Transitional provisions

130New section 129 inserted

After section 128 of the Corrections Act 1986 insert—

"129   Transitional—Justice Legislation Amendment (Terrorism) Act 2018

(1)Without limiting the application of the amendments made by Division 2 of Part 5 of the Justice Legislation Amendment (Terrorism) Act 2018 in respect of applications for parole that are made on or after the commencement of those amendments, those amendments also apply—

(a)to an application for parole that is made, but has not been determined, before the commencement of those amendments; and

(b)to a prisoner regardless of whether before the commencement of those amendments—

(i)the prisoner had become eligible for parole; or

(ii)the prisoner had taken any steps to ask the Board to grant the prisoner parole; or

(iii)the Board had begun any consideration of whether the prisoner should be granted parole.

(2)Section 77 as amended by section 124 of the Justice Legislation Amendment (Terrorism) Act 2018 applies in respect

of a parole order in force on or after the commencement of section 124 of that Act even if the parole order is made before that commencement.

(3)Section 77A as amended by section 125 of the Justice Legislation Amendment (Terrorism) Act 2018 applies in respect

of a parole order in force on or after the commencement of section 125 of that Act even if the parole order is made before that commencement.".

Part 6—Amendment of Crimes Act 1958

131Use of force to prevent the commission of an indictable offence

At the foot of section 462A of the Crimes Act 1958 insert—

"Example

A police officer or protective services officer uses lethal force on a person to prevent that person from committing an indictable offence that involves causing really serious injury or death because the officer believes on reasonable grounds that it is necessary to use that force for that purpose. The police officer or protective services officer may do so before that offence is committed.".

Part 7—Amendment of other Acts

Division 1—Serious youth offences

132Criminal Procedure Act 2009—Definitions

In section 3 of the Criminal Procedure Act 2009, in the definition of Category A serious youth offence, for paragraph (f) substitute—

"(f)an offence against any one of the following—

(i)section 4B of the Terrorism (Community Protection) Act 2003;

(ii)a provision of Subdivision A of Division 72 of Chapter 4 of the Criminal Code of the Commonwealth;

(iii)a provision of Part 5.3 or 5.5 of the Criminal Code of the Commonwealth;

(iv)a provision of the Crimes (Foreign Incursions and Recruitment) Act 1978 of the Commonwealth as in force before its repeal;".

133Sentencing Act 1991—Definitions

In section 3(1) of the Sentencing Act 1991, in the definition of Category A serious youth offence, for paragraph (f) substitute—

"(f)an offence against any one of the following—

(i)section 4B of the Terrorism (Community Protection) Act 2003;

(ii)a provision of Subdivision A of Division 72 of Chapter 4 of the Criminal Code of the Commonwealth;

(iii)a provision of Part 5.3 or 5.5 of the Criminal Code of the Commonwealth;

(iv)a provision of the Crimes (Foreign Incursions and Recruitment) Act 1978 of the Commonwealth as in force before its repeal;".

Division 2—Annual reporting by Commission for Children and Young People

134Commission for Children and Young People Act 2012—New section 23A inserted

After section 23 of the Commission for Children and Young People Act 2012 insert—

"23A Matter relating to monitoring role under Terrorism (Community Protection) Act 2003 to be included in annual report

The Commission must include the following matter in its annual report of operations under Part 7 of the Financial Management Act 1994—

(a)the number of times the Commission has performed its function under section 4O(a) of the Terrorism (Community Protection) Act 2003 in the financial year to which the report relates;

(b)any general observations or conclusions that the Commission may want to include in the report in relation to the performance of its function under section 4O(a) of the Terrorism (Community Protection) Act 2003 in the financial year to which the report relates.".

Part 8—Repeal of amending Act

135Repeal of amending Act

This Act is repealed on 1 May 2020.

Note

The repeal of this Act does not affect the continuing

operation of the amendments made by it (see section 15(1)

of the Interpretation of Legislation Act 1984).

═════════════

Endnotes

1   General information

See for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 10 May 2018

Legislative Council: 8 June 2018

The long title for the Bill for this Act was "A Bill for an Act to amend the Terrorism (Community Protection) Act 2003, the Bail Act 1977, the Children, Youth and Families Act 2005, the Corrections Act 1986, the Crimes Act 1958, the Criminal Procedure Act 2009, the Sentencing Act 1991 and the Commission for Children and Young People Act 2012 and for other purposes."