Public Interest Monitor Amendment Regulations 2024 (Vic)

Public Interest Monitor Amendment Regulations 2024

S.R. No. 119/2024

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Principal Regulations

5Definitions

6Application of Part

7New Part 2A inserted

8Notification of matters adverse to an application

9Notification of application or supporting affidavit

10Documents provided in relation to a police detention decision or periodic review

11Notification of further information requested by issuing authority

12Public Interest Monitor not reasonably able to be contacted—periodic review

13Confirmation documents have been returned

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Endnotes

STATUTORY RULES 2024

S.R. No. 119/2024

Public Interest Monitor Act 2011

Public Interest Monitor Amendment Regulations 2024

The Lieutenant-Governor as the Governor's deputy, with the advice of the Executive Council, makes the following Regulations:

Dated: 29 October 2024

Responsible Minister:

JACLYN SYMES
Attorney-General

SAMUAL WALLACE

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Public Interest Monitor Regulations 2023—

(a)to prescribe matters for the purposes of the Public Interest Monitor's functions with respect to—

(i)international production orders under the Telecommunications (Interception and Access) Act 1979 of the Commonwealth; and

(ii)police detention decisions and periodic reviews of detention under the Terrorism (Community Protection) Act 2003; and

(b)to make other minor and technical amendments.

2Authorising provision

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

3Commencement

These Regulations come into operation on 1 November 2024.

4Principal Regulations

In these Regulations, the Public Interest Monitor Regulations 2023[1] are called the Principal Regulations.

5Definitions

(1)In regulation 5 of the Principal Regulations, in the definition of issuing authority—

(a)in paragraph (c)(ii), for "warrant;" substitute "warrant; or";

(b)after paragraph (c)(ii) insert—

"(iii)an international production order;".

(2)In regulation 5 of the Principal Regulations, in the definition of remote application—

(a)in paragraph (e), for "Commonwealth;" substitute "Commonwealth; or";

(b)after paragraph (e) insert—

"(f)an application for an international production order, means an application made in the manner described in sections 23(2) and 53(2) of Schedule 1 to the Telecommunications (Interception and Access) Act 1979 of the Commonwealth;".

(3)In regulation 5 of the Principal Regulations, in the definition of written receipt, after paragraph (b) insert—

"(ba)the date that the Public Interest Monitor received the notification or documents; and".

(4)In regulation 5 of the Principal Regulations, the definitions of periodic review and police detention decision are revoked.

6Application of Part

In regulation 6(c) of the Principal Regulations, for "section 4A(1)" substitute "sections 4A(1) and 4G(1)".

7New Part 2A inserted

After Part 2 of the Principal Regulations insert—

"PART 2A—NOTIFICATION REQUIREMENTS FOR A POLICE DETENTION DECISION OR PERIODIC REVIEW

10ANotification of police detention decision

A notification under section 4G(1) of the Terrorism (Community Protection) Act 2003 must—

(a)be made by one of the following methods, after consultation by the authorised police officer with a Public Interest Monitor—

(i)in a double-sealed envelope by a member of Victoria Police personnel;

(ii)in a double-sealed envelope by a secure courier;

(iii)email;

(iv)hand delivery by a member of Victoria Police personnel; and

(b)if the written copy of the police detention decision has not yet been given to the Public Interest Monitor, include the date and time the Public Interest Monitor will be given a copy of the written record of the police detention decision under section 4L of the Terrorism (Community Protection) Act 2003; and

(c)include a unique identifying number.

Notes

1 See the Table in section 4G(1) of the Terrorism (Community Protection) Act 2003 for further requirements in relation to notifications under that section.

2     See regulation 15 for the requirements in relation to delivery of a copy of the written record of a police detention decision to a Public Interest Monitor.

10BNotification of periodic review

A notification under section 4H(1)(a) of the Terrorism (Community Protection) Act 2003 must—

(a)be made by one of the following methods, after consultation by the nominated senior police officer with a Public Interest Monitor—

(i)in a double-sealed envelope by a member of Victoria Police personnel;

(ii)in a double-sealed envelope by a secure courier;

(iii)email;

(iv)hand delivery by a member of Victoria Police personnel; and

(b)include the following details—

(i)the date, time and place of the periodic review;

(ii)the unique identifying number;

(iii)the date and time the Public Interest Monitor will be given access to documents or information under section 4M of the Terrorism (Community Protection) Act 2003;

(iv)the date and time at which the maximum period of police detention in relation to the person will be reached.

10CNotification of end of detention

A notification under section 4H(1)(b) of the Terrorism (Community Protection) Act 2003 must—

(a)be made by one of the following methods, after consultation by the nominated senior police officer with a Public Interest Monitor—

(i)in a double-sealed envelope by a member of Victoria Police personnel;

(ii)in a double-sealed envelope by a secure courier;

(iii)email;

(iv)hand delivery by a member of Victoria Police personnel; and

(b)include the following details—

(i)the date and time the detention of the person under Part 2AA of the Terrorism (Community Protection) Act 2003 ended;

(ii)the unique identifying number.

10DNotification of change in details in respect of a police detention decision or periodic review

A nominated senior police officer must notify a Public Interest Monitor by email or hand delivery of a change to any details included in a notification under regulation 10B or 10C as soon as practicable after becoming aware of the change.

10EConfirmation of notification

As soon as practicable after being notified under this Part, a Public Interest Monitor must give the authorised police officer or nominated senior police officer who provided the notification a written receipt.".

8Notification of matters adverse to an application

In regulation 11(1)(c) of the Principal Regulations, for "section 4B(1)" substitute "sections 4B(1) and 4H(1)".

9Notification of application or supporting affidavit

In regulation 13(1)(c) of the Principal Regulations, for "section 4A(2) and (3)" substitute "sections 4A(2) and (3) and 4G(2) and (3)".

10Documents provided in relation to a police detention decision or periodic review

For regulation 15(2) of the Principal Regulations substitute—

"(2)If access to a document or information under section 4M of the Terrorism (Community Protection) Act 2003 is to be given by delivery to a Public Interest Monitor, delivery must—

(a)take place as soon as practicable but before the conduct of the periodic review in relation to which the document or information is given; and

(b)be by secure delivery.".

11Notification of further information requested by issuing authority

In regulation 17(1)(b) of the Principal Regulations, for "section 4C" substitute "sections 4C and 4I".

12Public Interest Monitor not reasonably able to be contacted—periodic review

In regulation 20(1) of the Principal Regulations—

(a)in paragraph (a), for "the regulations made under that Act" substitute "Part 2A of these Regulations";

(b)in paragraph (b), for "the regulations made under that Act" substitute "Part 2A of these Regulations".

13Confirmation documents have been returned

In regulation 32(1)(c) of the Principal Regulations, after "4D(3)" insert "or 4J(3)".

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ENDNOTES

[1] Reg. 4: S.R. No. 4/2023.