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