Public Interest Monitor Amendment Regulations 2021 (Vic)

Public Interest Monitor Amendment Regulations 2021

S.R. No. 29/2021

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Definitions

5Notification of application or supporting affidavit

6Notification of further information requested by issuing authority

7Document register to be kept

8Regulation 26 substituted

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Endnotes

STATUTORY RULES 2021

S.R. No. 29/2021

Public Interest Monitor Act 2011

Public Interest Monitor Amendment Regulations 2021

The Governor in Council makes the following Regulations:

Dated: 13 April 2021

Responsible Minister:

JACLYN SYMES
Attorney-General

SAMUAL WALLACE

Acting Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Public Interest Monitor Regulations 2013 to provide for—

(a)the giving and receipt of information to a Public Interest Monitor by electronic means; and

(b)the security and record keeping obligations of Public Interest Monitors in relation to such documents.

2Authorising provision

These Regulations are made under section 21 of the Public Interest Monitor Act 2011.

3Commencement

These Regulations come into operation on 26 April 2021.

4Definitions

In regulation 4 of the Public Interest Monitor Regulations 2013[1], for the definition of secure delivery substitute—

"secure delivery means delivery of documents or information—

(a)in a double-sealed envelope by—

(i)a member of the law enforcement agency that made the application to which the documents relate; or

(ii)a member of Victoria Police personnel; or

(iii)a secure courier; or

(b)by secure attachment to an email; or

(c)by other secure electronic means;".

5Notification of application or supporting affidavit

For regulation 11(2)(b) of the Public Interest Monitor Regulations 2013 substitute—

"(b)by secure delivery.".

6Notification of further information requested by issuing authority

For regulation 13(2)(b) of the Public Interest Monitor Regulations 2013 substitute—

"(b)by secure delivery.".

7Document register to be kept

For regulation 24(c) of the Public Interest Monitor Regulations 2013 substitute—

"(c)the date any hard copy documents are returned to the applicant;

(d)the date by which any documents received by secure attachment to an email or other secure electronic means are dealt with under regulation 26(2)(b).".

8Regulation 26 substituted

For regulation 26 of the Public Interest Monitor Regulations 2013 substitute—

"26   Return of application documents

(1)This regulation applies—

(a)in relation to any relevant application or application for a counter-terrorism intelligence protection order where an application or a supporting affidavit has been provided to the Public Interest Monitor by the relevant law enforcement agency; or

(b)in relation to regulation 10A, 12A or 15A, where any document has been provided in accordance with the applicable regulation.

(2)A Public Interest Monitor must—

(a)in the case of documents received in hard copy, return that hard copy as soon as practicable after the application has been determined; or

(b)in the case of documents delivered by secure attachment to an email or other secure electronic means—

(i)ensure that no copy of the document is retained; or

(ii)if it is not practicable to comply with subparagraph (i), destroy the document; or

(iii)if it is not practicable to comply with subparagraph (i) or (ii), ensure that the document is retained in a secure form.".

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Endnotes

[1] Reg. 4: S.R. No. 8/2013 as amended by S.R. No. 184/2018.