Terrorism (Community Protection) Act 2003 (Vic)
Version No. 049
Terrorism (Community Protection) Act 2003
No. 7 of 2003
Version incorporating amendments as at
26 March 2025
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary
1Purposes
2Commencement
3Definitions
4What is a terrorist act?
4AExtraterritoriality of terrorist act no barrier
4BProviding documents or information facilitating terrorist acts
Part 1A—Public Interest Monitor
Division 1—Role in relation to order and warrant applications
4CApplication of this Division
4DInformation to be given to Public Interest Monitor
4EFull disclosure to Public Interest Monitor
4FRole of Public Interest Monitor
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
4HNominated senior police officer to notify Public Interest Monitor about certain matters relating to police detention decisions
4IFull disclosure to a Public Interest Monitor
4JSecrecy obligations do not apply
4KRole of Public Interest Monitor in relation to periodic reviews
4LPublic Interest Monitor to be given written record of police detention decision
4MPublic Interest Monitor to be given access to documents related to police detention decisions and periodic reviews
4NReturn of documents
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
4PAccess to children in detention for the purpose of monitoring their treatment
4QAccess to documents and information
4RAssistance to be given to Commission for Children and Young People for performance of its functions and exercise of powers
Part 2—Covert search warrants
5Jurisdiction
6Covert search warrants
7Application for warrant
7ANotice to Public Interest Monitor of application
8Determining the application
9What does a warrant authorise?
10Warrant may be granted by telephone
11Report to Integrity Oversight Victoria
12No publication of report of proceeding
Part 2AA—Preventative police detention
Division 1—Preliminary
13AAObject of Part
Division 2—Police detention decisions
13ABWhat is a police detention decision?
13ACAuthorised police officer may make police detention decision
13ADNature of police detention decisions in relation to children—detention in youth justice facilities
13AERecording of police detention decision
13AFWhen a police detention decision starts and ceases to have effect
13AGDetained persons under 14 years to be released without delay
Division 3—Carrying out police detention decisions
13AHPower to detain person under authority of police detention decision
13AIPerson must be informed of detention when taken into custody
13AJEndorsement of record with date and time person taken into custody or detained
13AKSummary explaining police detention decision to be given to detained person
13ALSummary explaining police detention decision to be given to detained person's lawyer
13AMCompliance with section 13AK or 13AL not required if impractical because of actions of detained person
13ANLawfulness of person's detention not affected by non-compliance with section 13AK or 13AL
13AORequirement to provide name etc.
13APPower to enter premises for purpose of searching for, or taking into custody, a person
13AQPower to conduct search of a person taken into custody under this Part
13ARDetention of children in a youth justice facility
13ASApplication of Children, Youth and Families Act 2005 to children detained under this Part in a youth justice facility
13ATTransfer of detained child into legal custody of Chief Commissioner for questioning
13AUReturn of child to youth justice facility at end of questioning
13AVEffect on period of detention of transfers of custody of children for questioning purposes
Division 4—Informing person detained about police detention decision
13AWEffect of police detention decision to be explained to person detained
13AXCompliance with obligations to inform
Division 5—Treatment of person detained
13AYHumane treatment of person being detained
13AZDetention of children
13AZARestrictions on contact with other people
13AZBSpecial assistance for person with inadequate knowledge of English language or disability
Division 6—Questioning
Subdivision 1—Authority to question
13AZCQuestioning during detention
13AZDQuestioning to be deferred to allow for interpreter
13AZEQuestioning to be deferred to enable communication with lawyer or consular office
13AZFRole of lawyers during questioning
13AZGQuestioning of children
13AZHCommunication with lawyers, consular officials, parents, guardians or independent person may be restricted
Subdivision 2—Recording of questioning
13AZIDefinitions
13AZJDigital recordings
13AZKRecording of questioning
13AZLPerson questioned to be given copy of recordings
13AZMEvidence of representations
13AZNOffences in relation to recordings
13AZOCourt may give directions in relation to a recording
13AZPRetention of copy of recording
Division 7—Contact with other people
13AZQContacting family members etc.
13AZRContacting the Ombudsman or the IBAC
13AZSContacting the Commission for Children and Young People
13AZTContact with consular office
13AZUContact with special counsel
13AZVContacting lawyer
13AZWPolice assistance in choosing a lawyer in certain cases
13AZXMonitoring contact under section 13AZQ with family members etc.
13AZYMonitoring contact under section 13AZV with lawyers
13AZZSpecial contact rules for person who is a child or incapable of managing own affairs
13AZZANominated senior police officer must inform parent or guardian not to disclose certain information
13AZZBContact prohibited in certain cases
Division 8—Taking and using identification material
13AZZCReferences to appropriate person in this Division
13AZZDTaking identification material
13AZZEUse of identification material
13AZZFDestruction of identification material
Division 9—End of and release from detention
13AZZGWhen does detention under this Part end?
13AZZHProcess for release of person from detention by police officer
13AZZIWarrant under section 34BA or 34BB of the Australian Security Intelligence Organisation Act 1979 of the Commonwealth
Division 10—Oversight by nominated senior police officers
13AZZJNominated senior police officers
13AZZKRole of nominated senior police officer
13AZZLRepresentations to a nominated senior police officer
13AZZMIntegrity and children oversight bodies to be notified of police detention decision and person being taken into custody
13AZZNPeriodic review of detention under this Part
Division 11—Restrictions on disclosure of information relating to detention
13AZZODefinitions
13AZZPDetainees prohibited from disclosing certain information
13AZZQLawyers prohibited from disclosing certain information
13AZZRParents or guardians prohibited from disclosing certain information
13AZZSParent or guardian of detainee prohibited from disclosing certain information to another parent or guardian
13AZZTNominated senior police officer may inform parent or guardian they cannot contact other parent or guardian in certain cases
13AZZUInterpreters prohibited from disclosing certain information
13AZZVDisclosure recipient prohibited from disclosing certain information they receive
13AZZWMonitors of contact between detainee and lawyer prohibited from disclosing certain information
Division 12—Miscellaneous
13AZZXOffences of contravening safeguards
13AZZYPolice detaining person under a police detention decision
13AZZZOmbudsman etc. functions and powers not affected
13AZZZALaw relating to legal professional privilege and client legal privilege not affected
13AZZZBReport to Integrity Oversight Victoria
13AZZZCPerson's detention does not prevent provision of medical, dental, psychiatric, physiological or pharmaceutical services
Part 2A—Preventative detention orders
Division 1—Preliminary
13AObject of Part
Division 2—Preventative detention orders
13CApplication for preventative detention order
13DForm and content of application
13DAPublic Interest Monitor to be notified of application
13EPreventative detention orders
13FNature of preventative detention order
13GDuration of preventative detention orders
13HWhen order starts and ceases to have effect
13IExtension of preventative detention order
13JNo preventative detention order in relation to person under 14 years of age
13JASpecial assistance for person with inadequate knowledge of English language or disability
13KRestrictions on multiple preventative detention orders
13KABasis for applying for, and making, prohibited contact order
13LProhibited contact order (person in relation to whom preventative detention order is being sought)
13MProhibited contact order (person in relation to whom preventative detention order is already in force)
13NApplication by detainee for revocation or variation of preventative detention order or prohibited contact order
13OApplication by police for revocation or variation of preventative detention order or prohibited contact order
Division 3—Carrying out preventative detention orders
13PPower to detain person under preventative detention order
13QEndorsement of order with date and time person taken into custody or detained
13RRequirement to provide name etc.
13SPower to enter premises
13TPower to conduct search
13UWarrant under section 34BA or 34BB of the Australian Security Intelligence Organisation Act 1979 of the Commonwealth
13VRelease of person from preventative detention
13WArrangement for detainee to be held in prison
13WAArrangement for detainee to be held in youth justice facility
13WBTransfer of detained person into legal custody of Chief Commissioner for questioning
13WCReturn of person to place of detention at end of questioning
13WDEffect on period of detention of transfers of custody of persons for questioning purposes
Division 4—Informing person detained about preventative detention order
13XEffect of preventative detention order to be explained to person detained
13YPerson being detained to be informed of extension of preventative detention order
13ZCompliance with obligations to inform
13ZACopy of preventative detention order
Division 5—Treatment of person detained
13ZBHumane treatment of person being detained
13ZBADetention of persons under 18
13ZCRestriction on contact with other people
13ZDContacting family members etc.
13ZEContacting Ombudsman etc.
13ZFContacting lawyer
13ZFAContacting the Commission for Children and Young People
13ZFBContact with consular office
13ZFCContact with special counsel
13ZGMonitoring contact under section 13ZD or 13ZF
13ZHSpecial contact rules for person under 18 or incapable of managing own affairs
13ZIEntitlement to contact subject to prohibited contact order
13ZJDisclosure offences
13ZKQuestioning of person prohibited while person is detained if Court orders
13ZLTaking identification material
13ZMUse of identification material
13ZNOffences of contravening safeguards
Division 5A—Questioning
Subdivision 1—Preliminary
13ZNAApplication
Subdivision 2—Authority to question
13ZNBQuestioning during detention
13ZNCQuestioning to be deferred to allow for interpreter
13ZNDQuestioning to be deferred to enable communication with lawyer or consular office
13ZNERole of lawyers during questioning
13ZNFQuestioning of children
13ZNGCommunication with lawyers, consular officials, parents, guardians or independent person may be restricted
Subdivision 3—Recording of questioning
13ZNHDefinitions
13ZNIDigital recordings
13ZNJRecording of questioning
13ZNKPerson questioned to be given copy of recordings
13ZNLEvidence of representations
13ZNMOffences in relation to recordings
13ZNNCourt may give directions in relation to a recording
13ZNORetention of copy of recording
Division 6—Miscellaneous
13ZOStandard of proof
13ZPNature of proceedings
13ZQPolice detaining person under a preventative detention order
13ZSOmbudsman etc. functions and powers not affected
13ZTLaw relating to legal professional privilege and client legal privilege not affected
Part 3—Police powers to detain and decontaminate
14Interpretation
15Definitions
16Authorisation
17How may an authorisation be given?
18What is authorised?
18ARequests for communication and medical treatment by persons detained
19When does an authorisation lapse?
20Extended authorisation
21Use of reasonable and necessary force
Part 3A—Special police powers
Division 1—Preliminary
21ADefinitions
21ABDeputy Commissioners may exercise powers of Chief Commissioner
Division 2—Authorisation to exercise special powers
21BAuthorisation of special powers to protect persons attending events from a terrorist act
21CExtension of authorisation under section 21B
21DAuthorisation of special powers to prevent, or reduce the impact of, a terrorist act
21EAuthorisation of special powers relating to the investigation of, or recovery from, a terrorist act
21FAuthorisation of special powers to protect essential services from a terrorist act
21GPersons, vehicles or areas targeted by authorisation
21HHow authorisation may be given
21IDuration of authorisation
21IAVariation of interim authorisation
21IBPremier may delegate power to approve interim authorisation
21JInterim authorisations not open to challenge
21KExercise of special powers by police officers and protective services officers
21LPower to give directions to public entities
Division 3—Powers
21NPurposes for which special powers may be exercised
21OPower to obtain disclosure of identity
21PPower to search persons
21QPower to search vehicles
21RPower to move vehicles
21SPower to enter and search premises
21SAPowers in respect of premises within area that is the target of an authorisation
21SBPowers in respect of things within area that is the target of an authorisation
21SCCompensation for loss or damage
21TCordon around target area
21UPower to seize and detain things
21VUse of force generally
21WOffence to obstruct or hinder search or other powers
21XSupplying police officer's or protective services officer's details and other information
Part 4—Mandatory reporting about prescribed chemicals and other substances
22Reporting about prescribed chemical or other substance
Part 4A—Countering violent extremism
Division 1—Preliminary
22AObjectives of Part
22ABDefinitions
22ACMeaning of extremist material
22ADMeaning of participant
22AEMeaning of program provider
22AFMeaning of prospective participant
22AGMeaning of radicalising towards violent extremism
22AGAMeaning of vulnerable to violent extremism
22AHWho is a respondent to an application?
22AIWhat is a support and engagement order?
22AJWhat is a support and engagement plan?
22AKWhen is a thing done to achieve a therapeutic purpose?
22ALMeaning of underlying cause of radicalisation towards violent extremism
22AMWhat is a voluntary case management plan?
Division 2—Functions of the Secretary
22ANFunctions of Secretary for voluntary case management plans
22AOSecretary may delegate certain functions relating to voluntary case management
22APFunctions of Secretary for support and engagement orders
22AQSecretary may delegate certain functions relating to support and engagement orders
Division 3—The Countering Violent Extremism Multi-Agency Panel
22AREstablishment of CVE MAP
22ASFunctions of CVE MAP
22ATSecretary may appoint departmental staff to CVE MAP
22AUSecretary may appoint nominated persons to CVE MAP
22AVSecretary may appoint persons outside public sector to CVE MAP
22AWTerm of appointment
22AXMembers are eligible for reappointment
22AYResignation and removal
22AYAActing appointments—departmental staff
22AYBActing appointments—nominated persons
22AZChairperson and deputy chairperson
22BCVE MAP may regulate its own procedure
22BACVE MAP to act by resolution
22BBMeetings of CVE MAP
22BCPerson who is to preside at meetings of the CVE MAP
22BCAResolutions without meetings
22BDConflicts of interest
22BDACVE MAP member may appoint representative for meeting
Division 4—Voluntary case management
Subdivision 1—Preliminary
22BEObject of Division
22BEASecretary may request advice from CVE MAP
Subdivision 2—Referral to Secretary
22BHReferral to Secretary by Chief Commissioner of Police
22BJSecretary to decide whether to accept referral
Subdivision 3—Requesting consent for case management
22BORequest for consent to case management
22BPEndeavours to obtain informed consent
Subdivision 4—Case management
22BRASecretary to develop voluntary case management plan in consultation with participant
22BRBCommencement and provision of voluntary case management plan
22BSInformation about critical events
22BTReviews of voluntary case management plans
Subdivision 5—Variation of plan during case management
22BVSecretary may vary voluntary case management plan in consultation with participant
22BWCommencement and provision of varied voluntary case management plan
Subdivision 6—Withdrawal of consent
22BXInformed consent may be withdrawn
22BYProgram provider who receives withdrawal of consent must notify specified departmental staff member
Subdivision 7—Revocation of voluntary case management plan by Secretary
22CASecretary may revoke voluntary case management plan
Subdivision 8—Expiry of voluntary case management plan
22CCExpiry of voluntary case management plan at end of plan
Subdivision 9—Review
22CESecretary may review operation of Division
22CFIndependent review after first 3 years
Division 5—Support and engagement orders
Subdivision 1—Preliminary
22CGObject of Division
22CHCourt proceedings involving children
22CICourt is to make a finding of radicalisation on the basis of the person's behaviour
22CJStandard of proof
Subdivision 2—Application for support and engagement order
22CKApplication for support and engagement order
22CLForm and content of application
22CMService of application
22CNSecretary to file report and proposed support and engagement plan
Subdivision 3—Determination of application for support and engagement order
22CODetermination of application
22CPCourt may direct person to attend and give evidence
22CQHow support and engagement order is to be made
22CRCourt may attach further conditions on support and engagement order
22CSDuration of support and engagement order
22CTCopy of support and engagement order to be given
Subdivision 4—Compliance with support and engagement order
22CUSupported person must comply with support and engagement order made by Magistrates' Court
22CVSecretary must report on progress under support and engagement order
22CWCourt may hold review hearing on receiving report
22CXCourt must review conditions at review hearing
22CYCourt may vary, extend or revoke support and engagement order at review hearing
22CZCopy of varied or extended order or plan to be given
22DCommencement of variation
Subdivision 5—Variation of support and engagement order
22DAApplication for variation of support and engagement order
22DBForm and content of application
22DCService of application
22DDCourt may direct person to attend and give evidence
22DEDetermination of application
22DFCopy of varied order or plan to be given
22DGCommencement of variation
Subdivision 6—Extension of support and engagement order
22DHApplication for extension of support and engagement order
22DIForm and content of application
22DJService of application on supported person
22DKOrder continues until application is determined
22DLSecretary to file report and revised support and engagement plan
22DMCourt may direct person to attend and give evidence
22DNDetermination of application
22DODetermination of application—how period to be extended
22DPDetermination of application—attachment of new support and engagement plan
22DQCopy of extended order to be given
Subdivision 7—Revocation of support and engagement order
22DRApplication for revocation of support and engagement order
22DSForm and content of application
22DTService of application
22DUCourt may direct person to attend and give evidence
22DVDetermination of application
22DWNotice of revocation to be given
Subdivision 8—Appeals
22DXApplication of Magistrates' Court Act 1989 and Children, Youth and Families Act 2005
Subdivision 9—Service
22DYService of documents
22DZAdditional notice to be served regarding children
22EProof of service
22EAInability to serve
Subdivision 10—Restrictions on publication of proceedings
22EBRestriction on publication of proceeding
22ECRestriction does not affect information sharing
22EDIdentifying particulars
22EECourt may permit publication
Subdivision 11—Legal advice and representation
22EFAdjournment to seek legal advice
22EGRespondent or supported person must be represented in Children's Court
Division 6—Information sharing
Subdivision 1—Preliminary
22EHObjects of Division
22EHADefinitions
22EIInformation about a person
22EJAuthorised disclosers and access to information
22EKWhen is the disclosure of information prohibited?
22ELInformation need not be disclosed or requested in writing
22EMRelevant persons and authorised purposes
Subdivision 2—Information sharing
22ENAuthorised discloser may require information from another authorised discloser
22EOAuthorised discloser may disclose without request
22EPAuthorised discloser may disclose other than for an authorised purpose
22EQSecretary or member of CVE MAP may require information from providers of previous services and programs
22EQASecretary may disclose information to parent or guardian
22ERVictoria Police member of the CVE MAP may disclose information about supported person receiving police services
Subdivision 2A—Central contacts
22ERACVE MAP member may appoint central contact
22ERBCVE MAP member may arrange for central contact to disclose information
22ERCDisclosure may be made to central contact instead of CVE MAP member
22ERDCentral contact must not make certain requests or disclosures
Subdivision 2B—Offence to disclose information
22ESOffence to disclose information
Subdivision 3—Miscellaneous
22ETAuthority to collect information
22EUDivision does not affect collection or use of information permitted by various laws
22EVProtected information not admissible in criminal proceedings
Division 7—Annual report
22EWAnnual report
Part 5—Protection of counter-terrorism intelligence
Division 1AA—Preliminary
22EXReferences to subject of substantive application or hearing
Division 1—General protection in legal proceedings
23General protection of counter-terrorism intelligence in legal proceedings
24Court may inspect documents
Division 2—Protection in applications under this Act
25Application for counter-terrorism intelligence protection order
26Public Interest Monitor to be notified of protection application
27Determining protection application
28Court may dispense with hearing by consent
29Admissibility of protected counter‑terrorism intelligence
Division 3—Procedural requirements in protection applications and substantive applications and hearings involving protected counter‑terrorism intelligence
30Application of Division
31Protection applications to be heard in closed court unless otherwise ordered
31ARelevant part of substantive application or hearing to be heard in closed court unless otherwise ordered
31BClosed court requirements
32Appointment of special counsel
33Role of special counsel
Division 4—Offences
35Offence to enter closed court
36Offence to publish report of hearing
37Disclosure, receipt or solicitation of protected counter-terrorism intelligence
37ADisclosure, receipt or solicitation of other confidential material
Part 6—Role of Integrity Oversight Victoria
37BRegular inspections of records of Victoria Police
37CThe Chief Integrity Inspector and authorised Integrity Oversight Victoria officers may perform or exercise inspection functions and powers
37DReports to Parliament on inspections by Integrity Oversight Victoria
Part 6A—Annual reporting
37EDefinitions
37FAnnual reports of Chief Commissioner
Part 7—General
38Review
38AFurther review
39Operation of Act
39ASupreme Court—limitation of jurisdiction
40Regulations
41Expiry
Part 8—Transitional provisions
42Justice Legislation Amendment (Terrorism) Act 2018—authorised police officers
Schedule 1—Conduct of personal searches under Part 3A
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Endnotes
1 General information
2 Table of Amendments
3 Explanatory details
Version No. 049
Terrorism (Community Protection) Act 2003
No. 7 of 2003
Version incorporating amendments as at
26 March 2025
The Parliament of Victoria enacts as follows:
PART 1—PRELIMINARY
1Purposes
The main purposes of this Act are—
(a)to provide new powers and obligations relating to the prevention of, and the response to, terrorist acts; and
(b)to provide for the application for, and the grant and execution of, warrants authorising the covert search of premises by police officers; and
(baa)to provide for the making of police detention decisions; and
(ba)to provide for the application for, and the making of, preventative detention orders; and
(bb)to establish the Countering Violent Extremism Multi-Agency Panel; and
(bc)to provide for the voluntary case management of persons who are vulnerable to violent extremism; and
(bd)to provide for the application for, and the making of, support and engagement orders to address the underlying causes of persons who are radicalising towards violent extremism; and
(c)to provide for mandatory reporting of the theft or loss or discrepancies in quantity of certain chemicals and other substances; and
* * * * *
(e)to protect counter-terrorism methods from disclosure in legal proceedings.
2Commencement
(1)This Part and Parts 3, 5, 7 and 8 come into operation on the day after the day on which this Act receives the Royal Assent.
(2)Subject to subsection (3), Parts 2, 4 and 6 come into operation on a day or days to be proclaimed.
(3)If a provision of this Act does not come into operation before 1 July 2004, it comes into operation on that day.
3Definitions
(1)In this Act—
AFP member has the same meaning as in Part 5.3 of the Criminal Code of the Commonwealth;
Assistant Commissioner means an Assistant Commissioner of Police for Victoria;
authorised police officer means a police officer appointed by the Chief Commissioner under subsection (2);
Chief Commissioner means the Chief Commissioner of Police for Victoria;
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 Part 2AA or Part 2A; or
(ii)is or are prescribed;
* * * * *
counter-terrorism intelligence means any information, document or other thing relating to a terrorist act or suspected terrorist act in Victoria or elsewhere, the disclosure of which could reasonably be expected to—
(a)prejudice a criminal investigation, including by revealing intelligence-gathering methodologies, investigative techniques or technologies, or covert practices; or
(b)enable the discovery of the existence or identity of a confidential source of information relevant to law enforcement; or
(c)endanger a person's life or physical safety; or
(d)threaten significant damage to infrastructure or other property; or
(e)prejudice national security;
counter-terrorism intelligence protection order has the meaning given in section 25(1B);
* * * * *
Deputy Commissioner means a Deputy Commissioner of Police for Victoria;
essential service has the same meaning as it has in section 74B of the Emergency Management Act 2013;
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;
Integrity Oversight Victoria has the same meaning as in the Integrity Oversight Victoria Act 2011;
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.
* * * * *
member of Victoria Police personnel has the same meaning as in the Victoria Police Act 2013;
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;
police officer has the same meaning as in the Victoria Police Act 2013;
premises includes—
(a)land; and
(b)a building or vehicle; and
(c)a part of a building or vehicle; and
(d)any place, whether built on or not;
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;
protected counter-terrorism intelligence means counter-terrorism intelligence that is the subject of a counter-terrorism intelligence protection order;
protection application means an application under section 25 for a counter-terrorism intelligence protection order;
protective services officer has the same meaning as in the Victoria Police Act 2013;
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);
Secretary means the Secretary to the Department of Justice and Community Safety;
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;
SEO review hearing means a review hearing that the Magistrates' Court or the Children's Court has directed, under section 22CW(1), is to be held;
substantive application means an application for—
(a)a preventative detention order; or
(b)an extension of a preventative detention order; or
(c)a revocation or variation of a preventative detention order; or
(d)a prohibited contact order; or
(e)a revocation or variation of a prohibited contact order; or
(f)a support and engagement order; or
(g)the variation, extension or revocation of a support and engagement order;
substantive application or hearing means—
(a)a substantive application; or
(b)an SEO review hearing;
support and engagement order has the same meaning as it has in Part 4A;
terrorist act has the meaning given by section 4;
thing includes any object, article or material;.
remote entry, in relation to a covert search warrant under Part 2, means accessing electronic equipment on premises named or described in the warrant from a location other than those premises;
vehicle includes a vessel and an aircraft;
Victoria Legal Aid means Victoria Legal Aid established under section 3 of the Legal Aid Act 1978;
Victoria Police has the same meaning as in the Victoria Police Act 2013;
* * * * *
youth justice facility means a service established under section 478 of the Children, Youth and Families Act 2005.
(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; and
(c)applications under sections 22CK, 22DA, 22DH and 22DR.
4What is a terrorist act?
(1)In this Act, terrorist act means an action or threat of action where—
(a)the action falls within subsection (2) and does not fall within subsection (3); and
(b)the action is done or the threat is made with the intention of advancing a political, religious or ideological cause; and
(c)the action is done or the threat is made with the intention of—
(i)coercing, or influencing by intimidation, the government of the Commonwealth or a State, Territory or foreign country, or of part of a State, Territory or foreign country; or
(ii)intimidating the public or a section of the public.
(2)Action falls within this subsection if it—
(a)causes serious harm that is physical harm to a person; or
(b)causes serious damage to property; or
(c)causes a person's death; or
(d)endangers a person's life, other than the life of the person taking the action; or
(e)creates a serious risk to the health or safety of the public or a section of the public; or
(f)seriously interferes with, seriously disrupts, or destroys, an electronic system including, but not limited to—
(i)an information system; or
(ii)a telecommunications system; or
(iii)a financial system; or
(iv)a system used for the delivery of essential government services by any entity (whether publicly or privately owned); or
(v)a system used for, or by, an essential public utility (whether publicly or privately owned); or
(vi)a system used for, or by, a transport system.
(3)Action falls within this subsection if it—
(a)is advocacy, protest, dissent or industrial action; and
(b)is not intended—
(i)to cause serious harm that is physical harm to a person; or
(ii)to cause a person's death; or
(iii)to endanger the life of a person, other than the person taking action; or
(iv)to create a serious risk to the health or safety of the public or a section of the public.
* * * * *
4AExtraterritoriality of terrorist act no barrier
To avoid doubt, functions, powers or duties conferred by this Act in relation to a terrorist act may be exercised or performed whether or not the terrorist act has been, is being, or is likely to be, committed in Victoria.
4BProviding documents or information facilitating terrorist acts
(1)A person commits an offence if—
(a)the person has possession or control of a document or information; and
(b)the person intentionally provides the document or information to another person; and
(c)the person does so with the intention of facilitating preparation for, the engagement of a person in or assistance in a terrorist act.
Penalty:Level 5 imprisonment (10 years maximum).
Note
An offence against subsection (1) is a category 2 offence under the Sentencing Act 1991. See subsection (2H)
of section 5 of that Act for the requirement to impose a custodial order for this offence unless the circumstances
set out in paragraphs (a) to (e) of that subsection exist.
(2)A person commits an offence under subsection (1) even if the terrorist act does not occur.
(3)If—
(a)an act or omission by a person is both an offence against subsection (1) and an offence against Part 5.3 of the Criminal Code of the Commonwealth; and
(b)the person has been punished for the offence under that Part—
the person is not liable to be punished for the offence against subsection (1).
PART 1A—PUBLIC INTEREST MONITOR
Division 1—Role in relation to order and warrant applications
4CApplication of this Division
This Division applies if a person is required under this Act to give notice to a Public Interest Monitor of an application for—
(a)a covert search warrant; or
(b)a preventative detention order; or
(c)an extension of a preventative detention order; or
(d)a variation or revocation of a preventative detention order; or
(e)a prohibited contact order; or
(f)a variation or revocation of a prohibited contact order; or
(g)a counter-terrorism intelligence protection order.
4DInformation to be given to Public Interest Monitor
(1)If the application is made in writing, the applicant must give the Public Interest Monitor a copy of the application and any affidavit required to be given to the Supreme Court in support of the application.
(2)If the application is to be made by telephone, the applicant must give the Public Interest Monitor the information required to be given to the Supreme Court on a telephone application.
(3)An obligation to maintain secrecy in relation to, or that otherwise restricts, the provision of information to the Public Interest Monitor, whether imposed under an Act or by a rule of law, does not apply to the provision of information under this Division.
4EFull disclosure to Public Interest Monitor
(1)The applicant must fully disclose to the Public Interest Monitor all matters of which the applicant is aware that are adverse to the application.
(2)The applicant 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.
4FRole of Public Interest Monitor
(1)The Public Interest Monitor is entitled—
(a)to appear at the hearing of the application to test the content and sufficiency of the information relied on and the circumstances of the application; and
(b)for the purpose of testing the content and sufficiency of the information relied on and the circumstances of the application—
(i)to ask questions of any person giving information in relation to the application; and
(ii)to make submissions to the Supreme Court about the appropriateness of granting the application.
(2)Without limiting subsection (1), the Public Interest Monitor is entitled to make submissions to the Supreme Court in the presence of the judge or by phone, fax, email or any other reasonable way.
(3)If a Public Interest Monitor is not reasonably able to be contacted for an application (other than an application for a covert search warrant)—
(a)the application may proceed without a Public Interest Monitor being notified; and
(b)a Public Interest Monitor must be notified as soon as possible and given any information requested by the Public Interest Monitor that the Public Interest Monitor would have been entitled to obtain for or during the application.
(4)As soon as practicable after the application is heard, the Public Interest Monitor must return to the applicant any documents given by the applicant to the Public Interest Monitor under section 4D or 4E or subsection (3) of this section in relation to the applications.
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 under the Public Interest Monitor Act 2011.
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 under the Public Interest Monitor Act 2011.
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.
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.
(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 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.
PART 2—COVERT SEARCH WARRANTS
5Jurisdiction
A covert search warrant under this Part may only be issued by the Supreme Court.
6Covert search warrants
(1)A police officer, with the approval of the Chief Commissioner, a Deputy Commissioner or an Assistant Commissioner, may apply to the Supreme Court for the issue of a warrant under this Part in respect of any premises if the police officer suspects or believes, on reasonable grounds, that—
(a)any of the following applies—
(i)a terrorist act has been, is being, or is likely to be, committed;
(ii)a person who resides at, or visits, those premises—
(A)has done an act in preparation for, or planning, a terrorist act; or
(B)has provided to, or received from, a terrorist organisation (within the meaning of Division 102 of the Criminal Code of the Commonwealth) training connected with preparation for, or planning, or engaging in or assisting, a terrorist act;
(iii)there has been, or is, activity on those premises connected with preparation for, or planning, or engaging in or assisting, a terrorist act; and
(b)the entry and search of the premises would substantially assist in preventing (including by gaining knowledge of an act being done in preparation for, or planning, a terrorist act or connected with the engagement of a person in, or assistance in, a terrorist act) or responding to a terrorist act or suspected terrorist act; and
(c)it is necessary for that entry and search to be conducted without the knowledge of any occupier of those premises.
(1A)An application for a warrant under this Part may be made even if the suspicion or belief does not relate to a specific terrorist act.
(2)An application for a warrant is to be heard in closed court.
7Application for warrant
(1)An application for a warrant under this Part must be made in writing, supported by an affidavit, setting out the grounds on which the warrant is sought.
(2)The Supreme Court must not issue a warrant unless—
(a)the application for the warrant sets out the grounds on which the warrant is being sought; and
(b)the applicant has given the Court, either orally or in writing, any further information that it requires concerning the grounds on which the warrant is being sought; and
(c)the information given by the applicant is verified before the Court on oath (or affirmation) or by affidavit.
(3)A Judge of the Supreme Court may administer an oath or affirmation or take an affidavit for the purposes of an application for a warrant.
7ANotice to Public Interest Monitor of application
The applicant for a warrant under this Part must notify a Public Interest Monitor of the application in accordance with the regulations under the Public Interest Monitor Act 2011.
8Determining the application
(1)The Supreme Court may issue a warrant under this Part if the Court is satisfied that there are reasonable grounds for the suspicion or belief founding the application for the warrant.
(2)In determining whether a warrant should be issued, the Court must have regard to—
(a)the nature and gravity of the terrorist act or suspected terrorist act; and
(b)the extent to which the exercise of powers under the warrant would assist the prevention of, or response to, the terrorist act or suspected terrorist act; and
(c)the extent to which the privacy of any person is likely to be affected; and
(d)any conditions to which the warrant may be made subject; and
(e)any submissions made by a Public Interest Monitor.
(3)A warrant must specify—
(a)that the purpose of the warrant is to assist the prevention of, or response to, a terrorist act or suspected terrorist act; and
(b)the address or location of any premises to which the warrant relates; and
(c)the name of the applicant; and
(d)the name or a description of any other person who may enter premises named or described in the warrant; and
(e)whether more than one entry of premises named or described in the warrant is authorised; and
(f)the date on which the warrant is issued; and
(g)the period during which the warrant is in force, being a period not exceeding 30 days; and
(h)if known, the names of occupiers of premises named or described in the warrant; and
(i)if relevant, the name or a description of the kind of thing to be searched for, seized, placed, copied, photographed, recorded, operated, printed, tested or sampled; and
(j)if applicable, any further conditions to which the warrant is subject.
(4)Nothing in this Part prevents the issue of a further warrant in respect of premises in respect of which a warrant under this Part has previously been issued.
9What does a warrant authorise?
(1)A warrant issued under this Part authorises the person to whom it is directed, together with any other person named or described in the warrant and with any necessary equipment—
(a)to enter, by force or impersonation if necessary, any premises named or described in the warrant, or other specified premises adjoining or providing access to the premises for any of the purposes referred to in paragraph (b), (c), (d), (e), (f), (fa) or (g); and
(b)to search the premises for any kind of thing named or described in the warrant; and
(c)if the warrant authorises seizure of a kind of thing, to seize any thing of that kind; and
(d)if the warrant authorises placing a kind of thing, to place any thing of that kind on the premises in substitution for a thing seized under paragraph (c); and
(e)if the warrant authorises copying, photographing or otherwise recording a description of a kind of thing, to copy, photograph or otherwise record a description of any thing of that kind on the premises; and
(f)to operate any electronic equipment that is on the premises and copy, print or otherwise record information held in, or accessible from, that equipment; and
(fa)to operate, by way of remote entry, any electronic equipment that is on the premises and copy, print or otherwise record information held in, or accessible from, that equipment; and
(g)if the warrant authorises testing, or taking and keeping a sample of, a kind of thing, to test, or take and keep a sample of, any thing of that kind.
(2)The Supreme Court may direct that any thing seized under a warrant be returned to its owner, subject to any condition that the Court thinks fit, if in the opinion of the Court it can be returned consistently with the interests of justice.
(3)Except as provided by this Part, the rules to be observed with respect to search warrants under the Magistrates' Court Act 1989 extend and apply to warrants under this Part.
10Warrant may be granted by telephone
(1)If, in urgent circumstances, a police officer considers it necessary to do so, he or she may apply for a warrant under this Part by telephone in accordance with this section.
(2)Before making the application, the police officer must prepare an affidavit setting out the grounds on which the warrant is sought, but may, if necessary, make the application before the affidavit has been sworn or affirmed.
(3)If transmission by facsimile machine or other electronic communication is available, the police officer must transmit a copy of the affidavit, whether sworn or affirmed, or unsworn or not affirmed, to the Supreme Court.
(4)Subject to sections 7(2) and 8(1) and having regard to the factors in section 8(2), the Supreme Court may issue a warrant on an application made by telephone after considering—
(a)the terms of the affidavit; and
(b)any further information required by the Court concerning the grounds on which the warrant is sought.
(5)If the Supreme Court issues a warrant on an application made by telephone, it must—
(a)inform the applicant of the terms of the warrant and of the date on which and the time at which it was issued, and record on the warrant the reasons for issuing the warrant; and
(b)if transmission by facsimile machine or other electronic communication is available, transmit a copy of the warrant to the applicant.
(6)If a copy of the warrant has not been transmitted by facsimile machine or other electronic communication, the applicant must—
(a)complete a form of warrant in the terms furnished to the applicant by the Supreme Court and must write on it the name of the Judge who constituted the Court and the date on which and the time at which the warrant was issued; and
(b)not later than the day following the date of the execution of the warrant or the expiry of the warrant, whichever is earlier, send the form of warrant completed by the applicant to the Court.[1]
(7)If an application is made by telephone, whether or not a warrant is issued, the applicant must, not later than the day following the day on which the application was made, send the original affidavit duly sworn or affirmed to the Supreme Court.
(8)In any proceeding, if it is material for a court to be satisfied that an entry, search or seizure was authorised in accordance with this section, and a warrant issued by the Supreme Court in accordance with this section authorising the entry, search or seizure is not produced in evidence, the court must assume, unless the contrary is proved, that the entry, search or seizure was not authorised by such a warrant.
11Report to Integrity Oversight Victoria
(1)The person to whom a warrant is issued under this Part must, no later than 7 days after the warrant expires, make a report in accordance with this section to Integrity Oversight Victoria.
Penalty:Level 8 imprisonment (1 year maximum) or a level 8 fine (120 penalty units maximum) or both.
(2)The report must—
(a)state which powers were exercised under the warrant; and
(b)give details of the compliance with the conditions, if any, to which the warrant was subject; and
(c)state the period during which the entry and search was conducted; and
(d)state the name or description of any person who entered premises named or described in the warrant; and
(e)if known, state the names of the occupiers of premises entered; and
(f)give details of the seizure, placement, copying, photographing, recording, operation, printing, testing or sampling of any thing; and
(g)if known, give details of the benefit of the execution of the warrant to the prevention of or response to the terrorist act or suspected terrorist act.
12No publication of report of proceeding
A person must not publish—
(a)a report of the whole or any part of a proceeding on an application for a warrant under this Part; or
(b)any information derived from a proceeding referred to in paragraph (a)—
* * * * *
unless the Supreme Court orders otherwise.
Penalty:In the case of a natural person, level 7 imprisonment (2 years maximum) or a level 7 fine (240 penalty units maximum) or both;
In the case of a body corporate, 1000 penalty units for a first offence and 20 000 penalty units for a subsequent offence.
* * * * *
PART 2AA—PREVENTATIVE POLICE DETENTION
Division 1—Preliminary
13AA Object 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.
13AC Authorised 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.
13AD Nature 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.
13AG Detained 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
13AH Power 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.
13AK Summary 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.
13AM Compliance 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.
13AN Lawfulness 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.
13AO Requirement 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.
13AQ Power 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)so as to require a matter affected by the regulations to be—
(i)in accordance with a specified standard or specified requirement; or
(ii)approved by or to the satisfaction of a prescribed person;
(c)so as to confer a discretionary authority on a prescribed person;
(d)so as to provide, in a specified case or class of case, for the exemption of persons or things or a class of persons or things from any of the provisions of the regulations, whether unconditionally or on specified conditions and either wholly or to the extent specified.
41Expiry
This Act expires on 1 December 2031.
PART 8—TRANSITIONAL PROVISIONS
42Justice Legislation Amendment (Terrorism) Act 2018—authorised police officers
An appointment under section 13B(2)
that is in effect immediately before the commencement of section 4(3) of the Justice Legislation Amendment (Terrorism) Act 2018 is taken to be an appointment under section 3(2) on that commencement.
SCHEDULE 1—CONDUCT OF PERSONAL SEARCHES UNDER PART 3A
Section 21P(3)
1Application of Schedule
This Schedule applies to any search of a person carried out, or authorised to be carried out, by a police officer or protective services officer under Part 3A, except as otherwise provided by this Act or the regulations.
2Definitions
In this Schedule—
electronic metal detection device means an electronic device that is capable of detecting the presence of metallic objects;
frisk search means—
(a)a search of a person conducted by quickly running the hands over the person's outer clothing or by passing an electronic metal detection device over or in close proximity to the person's outer clothing; and
(b)an examination of anything worn or carried by the person that is conveniently and voluntarily removed by the person, including an examination conducted by passing an electronic metal detection device over or in close proximity to that thing;
ordinary search means a search of a person or of things in the possession or under the control of a person that may include—
(a)requiring the person to remove only his or her overcoat, coat or jacket or similar article of clothing and any gloves, shoes and hat; and
(b)an examination of those items;
strip search means a search of a person or of things in the possession or under the control of a person that may include—
(a)requiring the person to remove all of his or her clothes; and
(b)an examination of the person's body (but not of the person's body cavities) and of those clothes.
3Frisk searches and ordinary searches
(1)A police officer or protective services officer who is authorised to search a person may carry out a frisk search or an ordinary search of the person for any purpose for which the search may be conducted.
(2)In conducting a frisk search, a police officer or protective services officer may, if the police officer or protective services officer has asked the person to remove a coat or jacket, treat the person's outer clothing as being the person's outer clothing after the coat or jacket has been removed.
4Strip searches
A police officer or protective services officer who is authorised to search a person may only conduct a strip search of the person—
(a)if the person is suspected of being the target of an authorisation; and
(b)if the police officer or protective services officer believes on reasonable grounds that it is necessary to conduct a strip search of the person for the purposes of the search and that the seriousness and urgency of the circumstances require the strip search to be carried out.
5Preservation of privacy and dignity during search
(1)A police officer or protective services officer who searches a person must, as far as is reasonably practicable in the circumstances, comply with this clause.
(2)The police officer or protective services officer must inform the person to be searched of the following matters—
(a)whether the person will be required to remove clothing during the search;
(b)why it is necessary to remove the clothing.
(3)The police officer or protective services officer must ask for the person's co‑operation.
(4)The police officer or protective services officer must conduct the search—
(a)in a way that provides reasonable privacy for the person searched; and
(b)as quickly as is reasonably practicable.
(5)The police officer or protective services officer must conduct the least invasive kind of search practicable in the circumstances.
(6)The police officer or protective services officer must not search the genital area of the person searched, or in the case of a female or a transgender person who identifies as a female, the person's breasts unless the police officer or protective services officer suspects on reasonable grounds that it is necessary to do so for the purposes of the search.
(7)A search must be conducted by a police officer or protective services officer of the same sex as the person searched or by a person of the same sex under the direction of the police officer or protective services officer.
(8)A search of a person must not be carried out while the person is being questioned. If questioning has not been completed before a search is carried out, it must be suspended while the search is carried out.
(9)A person must be allowed to dress as soon as a search is finished.
(10)If clothing is seized because of the search, the police officer or protective services officer must ensure the person searched is left with or given reasonably appropriate clothing.
(11)In this clause—
questioning of a person means questioning the person or carrying out an investigation (in which the person participates);
transgender person means a person, whether or not the person is a recognised transgender person—
(a)who identifies as a member of the opposite sex, by living, or seeking to live, as a member of the opposite sex; or
(b)who has identified as a member of the opposite sex by living as a member of the opposite sex; or
(c)who, being of indeterminate sex, identifies as a member of a particular sex by living as a member of that sex—
and includes a reference to the person being thought of as a transgender person, whether or not the person is, or was, in fact a transgender person.
6Rules for conduct of strip searches
(1)A police officer or protective services officer who strip searches a person must, as far as is reasonably practicable in the circumstances, comply with the following—
(a)the strip search must be conducted in a private area;
(b)the strip search must not be conducted in the presence or view of a person who is of the opposite sex to the person being searched;
(c)except as provided by this clause, the strip search must not be conducted in the presence or view of a person whose presence is not necessary for the purposes of the search.
(2)A parent, guardian or personal representative of the person being searched may, if it is reasonably practicable in the circumstances, be present during a search if the person being searched has no objection to that person being present.
(3)A strip search of a child who is at least 10 years of age but under 18 years of age, or of a person who has impaired intellectual functioning, must be conducted in the presence of a parent or guardian of the person being searched or, if that is not acceptable to the child or person, in the presence of another person (other than a police officer or protective services officer) who is capable of representing the interests of the person and who, as far as is practicable in the circumstances, is acceptable to the person.
(4)Subclause (3) does not apply if a parent, guardian or other acceptable person is not then present and the seriousness and urgency of the circumstances require the strip search to be conducted without delay.
(5)A strip search must not involve a search of a person's body cavities or an examination of the body by touch.
(6)A strip search must not involve the removal of more clothes than the person conducting the search believes on reasonable grounds to be reasonably necessary for the purposes of the search.
(7)A strip search must not involve more visual inspection than the person conducting the search believes on reasonable grounds to be reasonably necessary for the purposes of the search.
(8)A strip search may be conducted in the presence of a medical practitioner of the opposite sex to the person searched if the person being searched has no objection to that person being present.
(9)This clause is in addition to the other requirements of this Act relating to searches.
(10)In this clause—
impaired intellectual functioning means—
(a)total or partial loss of a person's mental functions; or
(b)a disorder or malfunction that results in a person learning differently from a person without the disorder or malfunction; or
(c)a disorder, illness or disease that affects a person's thought processes, perceptions of reality, emotions or judgment, or that results in disturbed behaviour.
7No strip searches of children under 10 years
A strip search must not be conducted on a person who is under the age of 10 years.
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ENDNOTES
1 General information
See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 27 February 2003
Legislative Council: 27 March 2003
The long title for the Bill for this Act was "to provide for the prevention of and response to terrorist acts, to amend the Freedom of Information Act 1982 and the Victorian Civil and Administrative Tribunal Act 1998 and for other purposes."
The Terrorism (Community Protection) Act 2003 was assented to on 15 April 2003 and came into operation as follows:
Parts 1, 3, 5, 7 and 8 on 16 April 2003: section 2(1); Part 2 on 16 October 2003: Government Gazette 16 October 2003 page 2624; Part 6 on 25 February 2004: Special Gazette (No. 42) 25 February 2004 page 1; Part 4 on 1 July 2004: section 2(3).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Terrorism (Community Protection) Act 2003 by Acts and subordinate instruments.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Dangerous Goods Legislation (Amendment) Act 2004, No. 67/2004
Assent Date: 19.10.04 Commencement Date: S. 17 on 19.10.04: s. 2(1) CurrentState: This information relates only to the provision/s amending the Terrorism (Community Protection) Act 2003
Parliamentary Administration Act 2005, No. 20/2005
Assent Date: 24.5.05 Commencement Date: S. 51 on 1.7.05: s. 2(4) CurrentState: This information relates only to the provision/s amending the Terrorism (Community Protection) Act 2003
Terrorism (Community Protection) (Amendment) Act 2006, No. 5/2006
Assent Date: 7.3.06 Commencement Date: Ss 4–13 on 9.3.06: s. 2(2) CurrentState: This information relates only to the provision/s amending the Terrorism (Community Protection) Act 2003
Terrorism (Community Protection) (Further Amendment) Act 2006, No. 30/2006
Assent Date: 6.6.06 Commencement Date: Ss 4–17 on 7.6.06: s. 2 CurrentState: This information relates only to the provision/s amending the Terrorism (Community Protection) Act 2003
Children, Youth and Families (Consequential and Other Amendments) Act 2006, No. 48/2006
Assent Date: 15.8.06 Commencement Date: S. 42(Sch. item 35) on 23.4.07: s. 2(3) CurrentState: This information relates only to the provision/s amending the Terrorism (Community Protection) Act 2003
Statute Law Revision Act 2007, No. 28/2007
Assent Date: 26.6.07 Commencement Date: S. 3(Sch. item 65) on 27.6.07: s. 2(1) CurrentState: This information relates only to the provision/s amending the Terrorism (Community Protection) Act 2003
Transport Legislation Amendment Act 2007, No. 69/2007
Assent Date: 11.12.07 Commencement Date: Ss 75, 76 on 12.12.07: s. 2(1) CurrentState: This information relates only to the provision/s amending the Terrorism (Community Protection) Act 2003
Police Integrity Act 2008, No. 34/2008
Assent Date: 1.7.08 Commencement Date: S. 143(Sch. 2 item 13) on 5.12.08: Special Gazette (No. 340) 4.12.08 p. 1 CurrentState: This information relates only to the provision/s amending the Terrorism (Community Protection) Act 2003
Public Health and Wellbeing Act 2008, No. 46/2008
Assent Date: 2.9.08 Commencement Date: S. 289 on 1.1.10: s. 2(2) CurrentState: This information relates only to the provision/s amending the Terrorism (Community Protection) Act 2003
Justice Legislation Amendment Act 2009, No. 25/2009
Assent Date: 17.6.09 Commencement Date: S. 53 on 18.6.09: s. 2(1) CurrentState: This information relates only to the provision/s amending the Terrorism (Community Protection) Act 2003
Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009
Assent Date: 24.11.09 Commencement Date: S. 97(Sch. item 119) on 1.1.10: Government Gazette 10.12.09 p. 3215 CurrentState: This information relates only to the provision/s amending the Terrorism (Community Protection) Act 2003
Statute Law Amendment (Evidence Consequential Provisions) Act 2009, No. 69/2009
Assent Date: 24.11.09 Commencement Date: S. 54(Sch. Pt 1 item 55), (Sch. Pt 2 item 52) on 1.1.10: s. 2(2) CurrentState: This information relates only to the provision/s amending the Terrorism (Community Protection) Act 2003
Terrorism (Community Protection) Amendment Act 2011, No. 33/2011
Assent Date: 5.7.11 Commencement Date: S. 3 on 6.7.11: s. 2 CurrentState: All of Act in operation
Emergency Management Legislation Amendment Act 2011, No. 56/2011 (as amended by No. 43/2012)
Assent Date: 2.11.11 Commencement Date: S. 32 on 3.11.11: s. 2(1) CurrentState: This information relates only to the provision/s amending the Terrorism (Community Protection) Act 2003
Public Interest Monitor Act 2011, No. 72/2011
Assent Date: 6.12.11 Commencement Date: Ss 44–51 on 10.2.13: Special Gazette (No. 32) 6.2.13 p. 2 CurrentState: This information relates only to the provision/s amending the Terrorism (Community Protection) Act 2003
Justice Legislation Amendment (Miscellaneous) Act 2012, No. 68/2012
Assent Date: 20.11.12 Commencement Date: S. 9 on 21.11.12: s. 2(1) CurrentState: This information relates only to the provision/s amending the Terrorism (Community Protection) Act 2003
Integrity and Accountability Legislation Amendment Act 2012, No. 82/2012
Assent Date: 18.12.12 Commencement Date: S. 167 on 10.2.13: Special Gazette (No. 32) 6.2.13 p. 2; s. 319 on 11.2.13: s. 2(5) CurrentState: This information relates only to the provision/s amending the Terrorism (Community Protection) Act 2003
Courts and Other Justice Legislation Amendment Act 2013, No. 68/2013
Assent Date: 19.11.13 Commencement Date: S. 18 on 19.11.13: s. 2(1) CurrentState: This information relates only to the provision/s amending the Terrorism (Community Protection) Act 2003
Emergency Management Act 2013, No. 73/2013
Assent Date: 3.12.13 Commencement Date: S. 104 on 1.7.14: Special Gazette (No. 148) 13.5.14 p. 1 Current State: This information relates only to the provision/s amending the Terrorism (Community Protection) Act 2003
Legal Profession Uniform Law Application Act 2014, No. 17/2014
Assent Date: 25.3.14 Commencement Date: S. 160(Sch. 2 item 97) on 1.7.15: Special Gazette (No. 151) 16.6.15 p. 1 Current State: This information relates only to the provision/s amending the Terrorism (Community Protection) Act 2003
Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014
Assent Date: 3.6.14 Commencement Date: S. 10(Sch. item 167) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 Current State: This information relates only to the provision/s amending the Terrorism (Community Protection) Act 2003
Emergency Management Amendment (Critical Infrastructure Resilience) Act 2014, No. 76/2014
Assent Date: 21.10.14 Commencement Date: S. 8 on 1.7.15: s. 2(2) Current State: This information relates only to the provision/s amending the Terrorism (Community Protection) Act 2003
Statute Law Revision Act 2015, No. 21/2015
Assent Date: 16.6.15 Commencement Date: S. 3(Sch. 1 item 54) on 1.8.15: s. 2(1) Current State: This information relates only to the provision/s amending the Terrorism (Community Protection) Act 2003
Terrorism (Community Protection) Amendment Act 2015, No. 70/2015
Assent Date: 15.12.15 Commencement Date: 16.12.15: s. 2 Current State: This information relates only to the provision/s amending the Terrorism (Community Protection) Act 2003
Sentencing (Community Correction Order) and Other Acts Amendment Act 2016, No. 65/2016
Assent Date: 15.11.16 Commencement Date: S. 22 on 20.3.17: Special Gazette (No. 17) 31.1.17 p. 1 Current State: This information relates only to the provision/s amending the Terrorism (Community Protection) Act 2003
Oaths and Affirmations Act 2018, No. 6/2018
Assent Date: 27.2.18 Commencement Date: S. 68(Sch. 2 item 124) on 1.3.19: s. 2(2) Current State: This information relates only to the provision/s amending the Terrorism (Community Protection) Act 2003
Justice Legislation Amendment (Terrorism) Act 2018, No. 32/2018
Assent Date: 7.8.18 Commencement Date: Ss 3–79 on 1.10.18: s. 2(2) Current State: This information relates only to the provision/s amending the Terrorism (Community Protection) Act 2003
Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018, No. 33/2018
Assent Date: 14.8.18 Commencement Date: S. 105 on 31.7.19: Special Gazette (No. 306) 30.7.19 p. 1 Current State: This information relates only to the provision/s amending the Terrorism (Community Protection) Act 2003
Emergency Management Legislation Amendment Act 2018, No. 36/2018
Assent Date: 21.8.18 Commencement Date: S. 39 on 30.9.20: Special Gazette (No. 494) 29.9.20 p. 1 Current State: This information relates only to the provision/s amending the Terrorism (Community Protection) Act 2003
Firefighters' Presumptive Rights Compensation and Fire Services Legislation Amendment (Reform) Act 2019, No. 20/2019
Assent Date: 2.7.19 Commencement Date: S. 190 on 1.7.20: Special Gazette (No. 328) 30.6.20 p. 1 Current State: This information relates only to the provision/s amending the Terrorism (Community Protection) Act 2003
Terrorism (Community Protection) Amendment Act 2021, No. 47/2021[2]
Assent Date: 3.11.21 Commencement Date: Ss 23, 24 on 4.11.21: s. 2(1); ss 5(3), 8(1)(a), 9(2)(a)(3), 12, 13, 15(7)–(11), 17, 18(2) on 24.2.22: Special Gazette (No. 87) 22.2.22 p. 1; ss 4, 5(1)(2)(4), 6, 7, 8(1)(b)(2)(3), 9(1)(2)(b)(4)(5), 10, 11, 14, 15(1)–(6)(12), 16, 18(1), 19–22 on 2.9.22: s. 2(3) Current State: This information relates only to the provision/s amending the Terrorism (Community Protection) Act 2003
Statute Law Amendment Act 2023, No. 6/2023
Assent Date: 9.5.23 Commencement Date: S. 3(Sch. 1 item 6) on 10.5.23: s. 2 Current State: This information relates only to the provision/s amending the Terrorism (Community Protection) Act 2003
Justice Legislation Amendment (Police and Other Matters) Act 2024, No. 2/2024
Assent Date: 20.2.24 Commencement Date: Ss 16−41 on 21.2.24: s. 2(1) CurrentState: This information relates only to the provision/s amending the Terrorism (Community Protection) Act 2003
Justice Legislation Amendment (Integrity, Defamation and Other Matters) Act 2024, No. 31/2024
Assent Date: 10.9.24 Commencement Date: Ss 34, 35 on 1.11.24: Special Gazette (No. 579) 29.10.24 p. 1; s. 113(Sch. 1 item 39) on 10.2.25: Special Gazette (No. 648) 26.11.24 p. 1 Current State: This information relates only to the provision/s amending the Terrorism (Community Protection) Act 2003
Terrorism (Community Protection) and Control of Weapons Amendment Act 2025, No. 9/2025
Assent Date: 25.3.25 Commencement Date: Ss 3–54 on 26.3.25: s. 2(1) Current State: This information relates only to the provision/s amending the Terrorism (Community Protection) Act 2003
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
3 Explanatory details
[1] S. 10(6): The amendment proposed by section 68(Schedule 2 item 124.3) of the Oaths and Affirmations Act 2018, No. 6/2018 is not included in this publication because the word "sworn" does not appear in section 10(6).
Section 68(Schedule 2 item 124.3) reads as follows:
Schedule 2—Further consequential amendments
124Terrorism (Community Protection) Act 2003
124.3In section 10(6), after "sworn" insert "or affirmed".
[2] Table of Amendments (Terrorism (Community Protection) Amendment Act 2021): The amendment proposed by section 22(15) of the Terrorism (Community Protection) Amendment Act 2021, No. 47/2021 to section 13W(3) is not included in this publication as the words "the Secretary to the Department of Justice and Regulation" do not appear in section 13W(3).
Section 22(15) reads as follows:
22References to the Secretary
(15)In section 13W(1) and (3) of the Principal Act, for "the Secretary to the Department of Justice and Regulation" substitute "the Secretary".
0
0
0