Terrorism (Community Protection) and Control of Weapons Amendment Act 2025 (Vic)
Terrorism (Community Protection) and Control of Weapons Amendment Act 2025
No. 9 of 2025
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary
1Purposes
2Commencement
Part 2—Amendment of Terrorism (Community Protection) Act 2003
Division 1—Secretary and CVE MAP
3Functions of Secretary for voluntary case management plans
4Secretary may delegate certain functions relating to voluntary case management
5Functions of CVE MAP
6Resignation and removal
7CVE MAP member may appoint representative for meeting
Division 2—Voluntary case management
8Purposes
9Section 22A substituted
10Definitions
11Meaning of participant
12Meaning of prospective participant
13New section 22AGA inserted
14Section 22AK substituted
15What is a voluntary case management plan?
16Section 22BE substituted
17New section 22BEA inserted
18Section 22BF repealed
19Section 22BG repealed
20Referral to Secretary by Chief Commissioner of Police
21Section 22BI repealed
22Secretary to decide whether to accept referral
23Section 22BK repealed
24Section 22BL repealed
25Section 22BM repealed
26Section 22BN repealed
27Request for consent to case management
28Section 22BP substituted
29Section 22BQ repealed
30Section 22BR repealed
31New sections 22BRA and 22BRB inserted
32Section 22BS substituted
33Reviews of voluntary case management plans
34Section 22BU repealed
35Section 22BV substituted
36Commencement and provision of varied voluntary case management plan
37Informed consent may be withdrawn
38Section 22BY substituted
39Section 22BZ repealed
40Section 22C repealed
41Secretary may revoke voluntary case management plan
42Section 22CB repealed
43Expiry of voluntary case management plan at end of plan
44Section 22CD repealed
45Independent review after first 3 years
46Form and content of application
47Determination of application
Division 3—Information sharing
48Relevant persons and authorised purposes
49Section 22EQ amended
50New section 22EQA inserted
51Annual report
Division 4—Minor amendments
52Process for release of person from detention by police officer
53Section 13AZZI amended
54Section 13U amended
Part 3—Amendment of Control of Weapons Act 1990
54ADefinitions
55Planned designation of an area
56Unplanned designation of an area
57Offence to obstruct or hinder search or other powers or fail to comply with direction
Part 4—Repeal of this Act
58Repeal of this Act
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Endnotes
1 General information
Terrorism (Community Protection) and Control of Weapons Amendment Act 2025
No. 9 of 2025
[Assented to 25 March 2025]
The Parliament of Victoria enacts:
PART 1—PRELIMINARY
1Purposes
The purposes of this Act are—
(a)to amend the Terrorism (Community Protection) Act 2003 to—
(i)further provide for the functions of the Secretary under Part 4A of that Act; and
(ii)further provide for the Countering Violent Extremism Multi-Agency Panel; and
(iii)further provide for voluntary case management; and
(iv)make minor amendments as a consequence of the amendment of the Australian Security Intelligence Organisation Act 1979 of the Commonwealth; and
(b)to amend the Control of Weapons Act 1990 to—
(i)further provide for the declaration of designated areas; and
(ia)amend certain definitions; and
(ii)make minor amendments.
2Commencement
(l)This Act (other than section 54A) comes into operation on the day after the day on which it receives the Royal Assent.
(2)Subject to subsection (3), section 54A comes into operation on a day or days to be proclaimed.
(3)If section 54A does not come into operation before 31 December 2025, it comes into operation on that day.
PART 2—AMENDMENT OF TERRORISM (COMMUNITY PROTECTION) ACT 2003
Division 1—Secretary and CVE MAP
3Functions of Secretary for voluntary case management plans
(1)Section 22AN(b) of the Terrorism (Community Protection) Act 2003 is repealed.
(2)After section 22AN(c) of the Terrorism (Community Protection) Act 2003 insert—
"(ca)to develop, under section 22BRA, a voluntary case management plan in consultation with the participant;
(cb)to continuously monitor under section 22BS(3) the extent to which a participant in voluntary case management is engaging with a voluntary case management plan that applies to the participant;
(cc)to continuously monitor under section 22BS(3) the extent to which a participant in voluntary case management is vulnerable to violent extremism;".
(3)For section 22AN(e) of the Terrorism (Community Protection) Act 2003 substitute—
"(e)to vary, under section 22BV, a voluntary case management plan in consultation with the participant;".
4Secretary may delegate certain functions relating to voluntary case management
(1)In section 22AO(2)(a) of the Terrorism (Community Protection) Act 2003, for "(2), (3) or (4)" substitute "(2) or (3)".
(2)Section 22AO(2)(b) of the Terrorism (Community Protection) Act 2003 is repealed.
(3)After section 22AO(3) of the Terrorism (Community Protection) Act 2003 insert—
"(4)The Secretary may by instrument delegate the Secretary's power under section 22EQ or 22EQA to a person employed in the Department of Justice and Community Safety under Part 3 of the Public Administration Act 2004 who is not a member of the CVE MAP.
(5)For the purposes of subsection (4), the Secretary may delegate the Secretary's power under section 22EQ whether or not the Secretary also delegates any power, duty or function of the Secretary under Division 4 to the same person.".
5Functions of CVE MAP
(1)For section 22AS(a) to (h) of the Terrorism (Community Protection) Act 2003 substitute—
"(a)to give advice to the Secretary under section 22BEA(2);
(b)to continuously monitor under section 22BEA(3) the extent to which a participant in voluntary case management is engaging with a voluntary case management plan that applies to the participant;
(c)to continuously monitor under section 22BEA(3) the extent to which a participant in voluntary case management is vulnerable to violent extremism;".
(2)In section 22AS(k) of the Terrorism (Community Protection) Act 20023, for "order." substitute "order;".
(3)After section 22AS(k) of the Terrorism (Community Protection) Act 2003 insert—
"(l)to share information in accordance with Division 6.".
6Resignation and removal
In section 22AY(1)(a) of the Terrorism (Community Protection) Act 2003, after "Secretary" insert "and the chairperson of the CVE MAP".
7CVE MAP member may appoint representative for meeting
(1)In section 22BDA(1) of the Terrorism (Community Protection) Act 2003 omit ", by instrument,".
(2)Before section 22BDA(2) of the Terrorism (Community Protection) Act 2003 insert—
"(1A)A member of the CVE MAP who appoints a representative under subsection (1) must notify the chairperson of the CVE MAP of the appointment in writing before the meeting.".
(3)In section 22BDA(2) of the Terrorism (Community Protection) Act 2003, for "A member of the CVE MAP who appoints a representative must specify in the instrument of appointment" substitute "A notification under subsection (1A) must specify".
(4)In section 22BDA(3) of the Terrorism (Community Protection) Act 2003, for "representative's instrument of appointment" substitute "notice given under subsection (1A)".
(5)In section 22BDA(4)(a) of the Terrorism (Community Protection) Act 2003, for "representative's instrument of appointment" substitute "notice given under subsection (1A)".
Division 2—Voluntary case management
8Purposes
For section 1(bc) of the Terrorism (Community Protection) Act 2003 substitute—
"(bc)to provide for the voluntary case management of persons who are vulnerable to violent extremism; and".
9Section 22A substituted
For section 22A of the Terrorism (Community Protection) Act 2003 substitute—
22AObjectives of Part"
The objectives of this Part are to provide for therapeutic interventions that—
(a)advance the welfare of persons who are vulnerable to violent extremism, including by providing support services to persons to address psychological, behavioural or social needs that may increase their susceptibility to being recruited, radicalised or influenced by ideologies or associations that advocate or employ violence for political, religious or ideological ends; and
(b)advance the welfare of persons who are radicalising towards violent extremism, including by—
(i)preventing persons who are radicalising towards violent extremism from radicalising further; and
(ii)connecting, or reconnecting, those persons with the community and positive support networks; and
(c)by doing so, protect the community from the threat of violent extremism.".
10Definitions
(1)In section 22AB of the Terrorism (Community Protection) Act 2003, in the definition of voluntary case management plan, for "22AM." substitute "22AM;".
(2)In section 22AB of the Terrorism (Community Protection) Act 2003 insert the following definitions—
"key person means a person referred to in section 22AM(2A);
vulnerable to violent extremism has the meaning given by section 22AGA.".
11Meaning of participant
For section 22AD(a) of the Terrorism (Community Protection) Act 2003 substitute—
"(a)a person is a participant if—
(i)the person has given informed consent under section 22BO(1); or
(ii)one of the person's parents or guardians has given informed consent under section 22BO(2); and".
12Meaning of prospective participant
(1)For section 22AF(b) of the Terrorism (Community Protection) Act 2003 substitute—
"(b)informed consent has not yet been given by—
(i)the person under section 22BO(1); or
(ii)one of the person's parents or guardians under section 22BO(2); and".
(2)For section 22AF(c) of the Terrorism (Community Protection) Act 2003 substitute—
"(c)the Secretary has not yet advised the CVE MAP that attempts to obtain informed consent have failed.".
13New section 22AGA inserted
After section 22AG of the Terrorism (Community Protection) Act 2003 insert—
"22AGA Meaning of vulnerable to violent extremism
For the purposes of this Part, vulnerable to violent extremism means—
(a)having psychological, behavioural or social needs that may increase susceptibility to being recruited, radicalised or influenced by ideologies or associations that advocate or employ violence for political, religious or ideological ends; and
(b)either—
(i)having or having had attitudes, beliefs or behaviours that demonstrate support for violent extremism; or
(ii)associating with an individual who has or has had attitudes, beliefs or behaviours that demonstrate support for violent extremism.".
14Section 22AK substituted
For section 22AK of the Terrorism (Community Protection) Act 2003 substitute—
"22AK When is a thing done to achieve a therapeutic purpose?
(1)For the purposes of this Part, a thing is done or designed to achieve a therapeutic purpose for a person if it is done or designed—
(a)in the case of a person who is vulnerable to violent extremism—
(i)to address—
(A)the underlying causes of the person's vulnerability; and
(B)other factors which may make the person more vulnerable; and
(ii)by doing so, to reduce the extent to which the person is vulnerable to violent extremism; or
(b)in the case of a person who is radicalising towards violent extremism—
(i)to address—
(A)the underlying causes of the person's radicalisation towards violent extremism; and
(B)other factors which may make the person more susceptible to radicalisation; and
(ii)by doing so, to have the person become less radicalised towards violent extremism.
(2)Without limiting subsection (1)(b), a thing may be done or designed to address the underlying causes of a person's radicalisation towards violent extremism if it provides for the person to be connected with—
(a)the community; or
(b)a positive support network.".
15What is a voluntary case management plan?
(1)For section 22AM(1)(a) of the Terrorism (Community Protection) Act 2003 substitute—
"(a)is designed to achieve a therapeutic purpose for a person who is, or who is proposed to be, a participant ; and".
(2)In section 22AM(1)(b) of the Terrorism (Community Protection) Act 2003, for "subsections (2) and (3)" substitute "subsection (2)".
(3)For section 22AM(2)(a) of the Terrorism (Community Protection) Act 2003 substitute—
"(a)the services and programs with which the participant is to engage in order to achieve a therapeutic purpose for the participant; and
Examples
The services and programs set out in the examples at the foot of section 22AJ(2)(a).".
(4)After section 22AM(2) of the Terrorism (Community Protection) Act 2003 insert—
"(2A)For the purposes of subsection (1)(a), a voluntary case management plan may set out services and programs for any of the following persons to engage in voluntarily—
(a)a member of the participant's immediate family;
(b)a guardian of the participant;
(c)a caregiver of the participant;
(d)any other person whose engagement in the service or program the Secretary is satisfied is an appropriate way to achieve a therapeutic purpose for the participant.".
(5)In section 22AM(3) of the Terrorism (Community Protection) Act 2003, for "A voluntary" substitute "For the purposes of subsection (1)(a), a voluntary".
16Section 22BE substituted
For section 22BE of the Terrorism (Community Protection) Act 2003 substitute—
"22BE Object of Division
The object of this Division is to facilitate the engagement, on a voluntary basis, of a person who is vulnerable to violent extremism with services and programs in order to achieve a therapeutic purpose for the person.".
17New section 22BEA inserted
After section 22BE of the Terrorism (Community Protection) Act 2003 insert—
"22BEA Secretary may request advice from CVE MAP
(1)For the purposes of performing a function or exercising a power under this Division, the Secretary may direct the CVE MAP to give the Secretary any advice requested by the Secretary.
(2)The CVE MAP must give the Secretary the advice requested under subsection (1).
(3)Without limiting subsection (1), the CVE MAP, for the purposes of advising the Secretary under subsection (2), must continuously monitor—
(a)a participant's engagement with the voluntary case management plan that applies to the participant; and
(b)the extent to which a participant is vulnerable to violent extremism.".
18Section 22BF repealed
Section 22BF of the Terrorism (Community Protection) Act 2003 is repealed.
19Section 22BG repealed
Section 22BG of the Terrorism (Community Protection) Act 2003 is repealed.
20Referral to Secretary by Chief Commissioner of Police
(1)For section 22BH(1) to (3) of the Terrorism (Community Protection) Act 2003 substitute—
"(1)The Chief Commissioner of Police may refer a person to the Secretary for voluntary case management in accordance with this Division if satisfied that—
(a)there is reason to believe that the person in respect of whom the referral is to be made is vulnerable to violent extremism; and
(b)a voluntary case management plan is an appropriate way to achieve a therapeutic purpose for the person.
Note
See also sections 22AGA and 22AK.".
(2)In section 22BH(4)(b) of the Terrorism (Community Protection) Act 2003, for "criteria set out in subsection (2) or (3)" substitute "matters set out in subsection (1)(a) and (b)".
21Section 22BI repealed
Section 22BI of the Terrorism (Community Protection) Act 2003 is repealed.
22Secretary to decide whether to accept referral
(1)In section 22BJ(2)(a) of the Terrorism (Community Protection) Act 2003, for "at risk of radicalising towards" substitute "vulnerable to".
(2)For section 22BJ(2)(b) of the Terrorism (Community Protection) Act 2003 substitute—
"(b)the making of a voluntary case management plan for the referred person is an appropriate way to achieve a therapeutic purpose for the person.".
(3)Section 22BJ(3) of the Terrorism (Community Protection) Act 2003 is repealed.
(4)For section 22BJ(5)(b) of the Terrorism (Community Protection) Act 2003 substitute—
"(b)any advice of the CVE MAP given in respect of the referral.".
(5)For section 22BJ(6) of the Terrorism (Community Protection) Act 2003 substitute—
"(6)As soon as practicable after accepting or refusing a referral, the Secretary must give written notice of the acceptance or refusal to the CVE MAP.".
23Section 22BK repealed
Section 22BK of the Terrorism (Community Protection) Act 2003 is repealed.
24Section 22BL repealed
Section 22BL of the Terrorism (Community Protection) Act 2003 is repealed.
25Section 22BM repealed
Section 22BM of the Terrorism (Community Protection) Act 2003 is repealed.
26Section 22BN repealed
Section 22BN of the Terrorism (Community Protection) Act 2003 is repealed.
27Request for consent to case management
(1)For section 22BO(1) of the Terrorism (Community Protection) Act 2003 substitute—
"(1)Before developing a voluntary case management plan under section 22BRA, the Secretary must ask the prospective participant to give informed consent, in writing, to case management.".
(2)For section 22BO(2) of the Terrorism (Community Protection) Act 2003 substitute—
"(2)If the prospective participant is under 18 years of age and in the Secretary's professional judgement cannot give informed consent, the Secretary must also ask a parent or guardian to give informed consent, in writing, to case management.".
(3)After section 22BO(2) of the Terrorism (Community Protection) Act 2003 insert—
"(2A)For the purposes of subsection (2), a prospective participant cannot give informed consent if the prospective participant cannot—
(a)understand the information relevant to the decision to give consent and the effect of the decision to give consent; or
(b)retain that information to the extent necessary to make the decision to give consent; or
(c)use or weigh that information as part of the process of making the decision to give consent; or
(d)communicate the decision to give consent and the person's views and needs relating to the decision, in some way, whether by speech, gestures or other means.".
(4)For section 22BO(3)(b) of the Terrorism (Community Protection) Act 2003 substitute—
"(b)what a voluntary case management plan may require or permit the prospective participant to do if they become a participant; and".
(5)In section 22BO(3)(f) of the Terrorism (Community Protection) Act 2003, for "plan; and" substitute "plan.".
(6)Section 22BO(3)(g) of the Terrorism (Community Protection) Act 2003 is repealed.
(7)Section 22BO(4) of the Terrorism (Community Protection) Act 2003 is repealed.
(8)In section 22BO(6)(a) of the Terrorism (Community Protection) Act 2003, for "15 years" substitute "18 years".
(9)In section 22BO(7) of the Terrorism (Community Protection) Act 2003, for "14 days" substitute "90 days".
28Section 22BP substituted
For section 22BP of the Terrorism (Community Protection) Act 2003 substitute—
"22BP Endeavours to obtain informed consent
(1)The Secretary must record the date and outcome of each endeavour to obtain informed consent in respect of a prospective participant as soon as practicable after each endeavour.
(2)The Secretary must notify the CVE MAP that the endeavour to obtain informed consent in respect of a person who was a prospective participant has failed if—
(a)90 days have passed since the first endeavour to obtain informed consent; and
(b)informed consent in respect of that person has not been given.".
29Section 22BQ repealed
Section 22BQ of the Terrorism (Community Protection) Act 2003 is repealed.
30Section 22BR repealed
Section 22BR of the Terrorism (Community Protection) Act 2003 is repealed.
31New sections 22BRA and 22BRB inserted
Before section 22BS of the Terrorism (Community Protection) Act 2003 insert—
"22BRA Secretary to develop voluntary case management plan in consultation with participant
(1)Subject to subsection (2), as soon as practicable after receiving the informed consent of a participant, the Secretary in consultation with the participant must develop a voluntary case management plan for the participant.
(2)If a parent or guardian of the participant gave informed consent, the Secretary must develop a voluntary case management plan for the participant in consultation with—
(a)the parent or guardian; and
(b)if the Secretary considers that it is appropriate to do so, the participant.
(3)A voluntary case management plan may provide for a key person in relation to the participant to engage voluntarily in services and programs set out in the plan.
(4)The Secretary must be satisfied that a case management plan developed under this section is an appropriate way to achieve a therapeutic purpose for the participant.
22BRBCommencement and provision of voluntary case management plan
(1)In developing a voluntary case management plan the Secretary must—
(a)specify in the plan—
(i)the day from which the plan operates; and
(ii)the period for which the plan operates; and
(b)give a copy of the plan to—
(i)the participant; and
(ii)any other person who gave consent under section 22BO(2) in respect of the participant.
(2)For the purposes of this Part, the voluntary case management plan given to the participant under subsection (1)(b)—
(a)is in force on and after the day it is given to the participant and until—
(i)it expires; or
(ii)it is varied or revoked; or
(iii)the participant (or a person who gave consent under section 22BO(2) in respect of the participant) withdraws consent in accordance with section 22BX; and
(b)while in force, is the voluntary case management plan that applies to the participant.".
32Section 22BS substituted
For section 22BS of the Terrorism (Community Protection) Act 2003 substitute—
"22BS Information about critical events
(1)The Secretary must notify the CVE MAP as soon as practicable after the Secretary determines that—
(a)a voluntary case management plan is no longer justified for a participant because that participant is no longer vulnerable to violent extremism; or
(b)a voluntary case management plan that applies to a participant is no longer an appropriate way to achieve a therapeutic purpose for the participant; or
(c)a participant has for a period of at least 28 days ceased to engage with the services and programs set out in the voluntary case management plan that applies to them in accordance with that plan; or
(d)the informed consent given by the participant in accordance with section 22BO has been withdrawn in accordance with Subdivision 6; or
(e)if the participant is under 18 years of age, any informed consent given by a parent or guardian in accordance with section 22BO has been withdrawn in accordance with Subdivision 6.
(2)Without limiting subsection (1), the Secretary may determine that a voluntary case management plan that applies to a participant may no longer be an appropriate way to achieve a therapeutic purpose for the participant on the basis of a reduction in the participant's engagement with the services and programs set out in the plan.
(3)The Secretary must continuously monitor—
(a)a participant's engagement with the voluntary case management plan that applies to the participant; and
(b)the extent to which a participant is vulnerable to violent extremism—
for the purposes of the Secretary making a determination under subsection (1).".
33Reviews of voluntary case management plans
(1)In section 22BT(1)(c) of the Terrorism (Community Protection) Act 2003, for "at risk of radicalising towards" substitute "vulnerable to".
(2)Section 22BT(2) and (3) of the Terrorism (Community Protection) Act 2003 are repealed.
34Section 22BU repealed
Section 22BU of the Terrorism (Community Protection) Act 2003 is repealed.
35Section 22BV substituted
For section 22BV of the Terrorism (Community Protection) Act 2003 substitute—
"22BV Secretary may vary voluntary case management plan in consultation with participant
(1)Subject to subsection (2), the Secretary may, in consultation with a participant, vary the participant's voluntary case management plan.
(2)If a parent or guardian of the participant gave informed consent, the Secretary must vary the voluntary case management plan for the participant in consultation with—
(a)the parent or guardian; and
(b)if the Secretary considers that it is appropriate to do so, the participant.
(3)A voluntary case management plan may provide for a key person in relation to the participant to engage voluntarily in services and programs set out in the plan.
(4)The Secretary must be satisfied that a case management plan developed under this section is an appropriate way to achieve a therapeutic purpose for the participant.
(5)Without limiting this section, the Secretary may vary a voluntary case management plan following—
(a)a determination under section 22BS(1) in relation to that plan; or
(b)a review under section 22BT(1).".
36Commencement and provision of varied voluntary case management plan
(1)For section 22BW(1) of the Terrorism (Community Protection) Act 2003 substitute—
"(1)If the Secretary varies a participant's voluntary case management plan under section 22BV, the Secretary must—
(a)specify in the plan—
(i)the day from which the plan (as varied) operates; and
(ii)the period for which the plan (as varied) operates; and
(b)give a copy of the plan (as varied) to—
(i)the participant; and
(ii)any other person who gave consent in respect of the participant.".
(2)Section 22BW(2) of the Terrorism (Community Protection) Act 2003 is repealed.
(3)In section 22BW(3)(a)(iii) of the Terrorism (Community Protection) Act 2003 omit "under section 22BV".
37Informed consent may be withdrawn
(1)In section 22BX(1) of the Terrorism (Community Protection) Act 2003, for "section 22BO or 22BV" substitute "section 22BO".
(2)For section 22BX(2)(b) of the Terrorism (Community Protection) Act 2003 substitute—
"(b)a person employed in the Department of Justice and Community Safety and whose name is specified in the participant's voluntary case management plan for this purpose.".
38Section 22BY substituted
For section 22BY of the Terrorism (Community Protection) Act 2003 substitute—
"22BY Program provider who receives withdrawal of consent must notify specified departmental staff member
As soon as practicable after a program provider receives a communication referred to in section 22BX(2)(a), the program provider must notify a person employed in the Department of Justice and Community Safety and whose name is specified in the participant's voluntary case management plan for this purpose.".
39Section 22BZ repealed
Section 22BZ of the Terrorism (Community Protection) Act 2003 is repealed.
40Section 22C repealed
Section 22C of the Terrorism (Community Protection) Act 2003 is repealed.
41Secretary may revoke voluntary case management plan
(1)For section 22CA(1) of the Terrorism (Community Protection) Act 2003 substitute—
"(1)The Secretary may revoke a voluntary case management plan at any time.".
(2)For section 22CA(2)(a) of the Terrorism (Community Protection) Act 2003 substitute—
"(a)a determination under section 22BS(1) in relation to that plan; or".
(3)In section 22CA(2)(c) of the Terrorism (Community Protection) Act 2003—
(a)for "mitigate" substitute "reduce";
(b)for "at risk of radicalising towards" substitute "vulnerable to".
(4)In section 22CA(3) of the Terrorism (Community Protection) Act 2003, for "Chief Commissioner of Police" substitute "CVE MAP".
42Section 22CB repealed
Section 22CB of the Terrorism (Community Protection) Act 2003 is repealed.
43Expiry of voluntary case management plan at end of plan
In section 22CC of the Terrorism (Community Protection) Act 2003, for "22BR(1)(a)(ii) or 22BW(1)(b)(ii)" substitute "22BRB(1)(a)(ii) or 22BW(1)(a)(ii)".
44Section 22CD repealed
Section 22CD of the Terrorism (Community Protection) Act 2003 is repealed.
45Independent review after first 3 years
After section 22CF(3)(c)(i) of the Terrorism (Community Protection) Act 2003 insert—
"(ia)reducing the extent to which participants are vulnerable to violent extremism; or".
46Form and content of application
In the note at the foot of section 22CL(f) of the Terrorism (Community Protection) Act 2003, for "sections 22BP and 22BV" substitute "section 22BP".
47Determination of application
In the note at the foot of section 22CO(3)(a) of the Terrorism (Community Protection) Act 2003, for "sections 22BP and 22BV" substitute "section 22BP".
Division 3—Information sharing
48Relevant persons and authorised purposes
(1)In Column 3 of Item 1 in the Table to section 22EM of the Terrorism (Community Protection) Act 2003, in paragraph (a), for "that must be given to the Secretary under section 22BI (including the preparation of any proposed voluntary case management plan that is to be included with that advice)" substitute "requested by the Secretary under section 22BEA".
(2)In Column 3 of Item 2 in the Table to section 22EM of the Terrorism (Community Protection) Act 2003, for paragraphs (a) to (e) substitute—
"(a)The purpose of facilitating the preparation of advice requested by the Secretary under section 22BEA about consent to be given in relation to the prospective participant".
(3)In Column 3 of Item 3 in the Table to section 22EM of the Terrorism (Community Protection) Act 2003—
(a)in paragraph (b), for "section 22BS(5)" substitute "sections 22BEA(3) and 22BS(3)";
(b)in paragraph (d), for "advice given under section 22BT(3)" substitute "advice requested by the Secretary under section 22BEA";
(c)in paragraph (e), for "advice given under section 22BU(2)" substitute "advice requested by the Secretary under section 22BEA";
(d)in paragraph (g), for "advice given under section 22C(2)" substitute "advice requested by the Secretary under section 22BEA".
(4)After Item 3 in the Table to section 22EM of the Terrorism (Community Protection) Act 2003 insert—
| "3A | A key person in relation to a participant | (a) The purpose of preparing a case management plan under section 22BRA (b) The purpose of facilitating the preparation of advice requested by the Secretary under section 22BEA (c) The purpose of informing decisions about the services and programs the key person is to engage in under the participant's voluntary case management plan". |
49Section 22EQ amended
(1)In the heading to section 22EQ of the Terrorism (Community Protection) Act 2003, for "Member of CVE MAP" substitute "Secretary or member of CVE MAP".
(2)After section 22EQ(1)(b) of the Terrorism (Community Protection) Act 2003 insert—
"(ba)a participant; or".
(3)For section 22EQ(2) of the Terrorism (Community Protection) Act 2003 substitute—
"(2)The Secretary may request that another person specified in subsection (3) disclose to the Secretary, for a purpose specified in subsection (5), information—
(a)that is about a relevant person who is—
(i)a prospective participant; or
(ii)a participant; and
(b)to which that other person has access.
(2A)A member of the CVE MAP may request that another person specified in subsection (3) disclose to the member, for a purpose specified in subsection (5A), information—
(a)that is about a relevant person; and
(b)to which that other person has access.".
(4)For section 22EQ(5) of the Terrorism (Community Protection) Act 2003 substitute—
"(5)The purposes for which a request under subsection (2) may be made are—
(a)if the relevant person is a prospective participant—the purpose of informing a decision under section 22BJ about the relevant person; or
(b)if the relevant person is a participant—the purpose of facilitating the preparation of a voluntary case management plan under section 22BRA or the variation of a plan under section 22BV.
(5A)The purposes for which a request under subsection (2A) may be made are—
(a)if the relevant person is a referred person—the purpose of facilitating the preparation of advice about the relevant person requested by the Secretary under section 22BEA; or
(b)if the relevant person is a prospective participant—the purpose of facilitating the preparation of advice about the relevant person requested by the Secretary under section 22BEA; or
(c)if the relevant person is a participant—the purpose of facilitating the preparation of advice about the relevant person requested by the Secretary under section 22BEA; or
(d)if the relevant person is the respondent to an application for a support and engagement order—the purpose of facilitating and informing the preparation of a proposed support and engagement plan in respect of the respondent under section 22CN.".
(5)In section 22EQ(6) of the Terrorism (Community Protection) Act 2003—
(a)for "A" substitute "The Secretary or a";
(b)for "(2)" substitute "(2) or (2A)".
(6)In the note at the foot of section 22EQ(7) of the Terrorism (Community Protection) Act 2003, for "the member" substitute "a member".
(7)In section 22EQ(8)(a) of the Terrorism (Community Protection) Act 2003, before "the member" insert "the Secretary or".
50New section 22EQA inserted
After section 22EQ of the Terrorism (Community Protection) Act 2003 insert—
"22EQA Secretary may disclose information to parent or guardian
(1)This section applies in relation to a person who is under 18 years of age (the relevant person) and who is—
(a)a referred person; or
(b)a prospective participant; or
(c)a participant.
(2)The Secretary may disclose to a parent or guardian of the relevant person—
(a)information relating to the reason for the person's referral to the Secretary; or
(b)in the case of a participant, the content of the person's voluntary case management plan.".
51Annual report
(1)For section 22EW(i) to (l) of the Terrorism (Community Protection) Act 2003 substitute—
"(i)the number of prospective participants under 18 years of age who provided informed consent;
(j)the number of prospective participants of or above 18 years of age who provided informed consent;
(k)the number of prospective participants under 18 years of age who refused to provide informed consent;
(l)the number of prospective participants of or above 18 years of age who refused to provide informed consent;".
(2)After section 22EW(l) of the Terrorism (Community Protection) Act 2003 insert—
"(la)the number of voluntary case management plans developed for participants under 18 years of age;
(lb)the number of voluntary case management plans developed for participants of or above 18 years of age;".
(3)After section 22EW(n) of the Terrorism (Community Protection) Act 2003 insert—
"(na)the number of voluntary case management plans for participants under 18 years of age in operation for the whole or part of the year;
(nb)the number of voluntary case management plans for participants of or above 18 years of age in operation for the whole or part of the year;
(nc)the number of key persons who engaged in services or programs under the voluntary case management plan of a participant who is under 18 years of age;
(nd)the number of key persons who engaged in services or programs under the voluntary case management plan of a participant who is of or above 18 years of age;
(ne)the number of voluntary case management plans for participants under 18 years of age that expired during the year;
(nf)the number of voluntary case management plans for participants of or above 18 years of age that expired during the year;".
Division 4—Minor amendments
52Process for release of person from detention by police officer
In section 13AZZH(2)(b) of the Terrorism (Community Protection) Act 2003, for "section 34D" substitute "section 34BA or 34BB".
53Section 13AZZI amended
(1)In the heading to section 13AZZI of the Terrorism (Community Protection) Act 2003, for "section 34D" substitute "section 34BA or 34BB".
(2)In section 13AZZI(1)(b) of the Terrorism (Community Protection) Act 2003, for "section 34D" substitute "section 34BA or 34BB".
54Section 13U amended
(1)In the heading to section 13U of the Terrorism (Community Protection) Act 2003, for "section 34D" substitute "section 34BA or 34BB".
(2)In section 13U(1)(b) of the Terrorism (Community Protection) Act 2003, for "section 34D" substitute "section 34BA or 34BB".
PART 3—AMENDMENT OF CONTROL OF WEAPONS ACT 1990
54ADefinitions
(1)In section 3(1) of the Control of Weapons Act 1990, in the definition of controlled weapon, the example at the foot of paragraph (a) is repealed.
(2)In section 3(1) of the Control of Weapons Act 1990, in the definition of prohibited weapon, after "imitation firearm" insert ", a machete".
55Planned designation of an area
(1)For section 10D(1) of the Control of Weapons Act 1990 substitute—
"(1)The Chief Commissioner may declare an area to be a designated area if—
(a)the Chief Commissioner is satisfied that—
(i)more than one incident of violence or disorder has occurred in that area in the previous 12 months that involved the use of weapons; and
(ii)there is a likelihood that the violence or disorder will recur; or
(b)the Chief Commissioner is satisfied that—
(i)more than one incident of violence or disorder has occurred in that area in the previous 12 months that involved the use of weapons; and
(ii)it is necessary to designate the area for the purpose of enabling police officers or protective services officers to exercise search powers to prevent or deter the occurrence of any violence or disorder that the Chief Commissioner is satisfied is likely to occur; or
(c)the Chief Commissioner is satisfied that—
(i)an event is to be held in that area and incidents of violence or disorder involving the use of weapons have occurred at previous occasions of that event (wherever occurring); and
(ii)there is a likelihood that the violence or disorder will recur; or
(d)the Chief Commissioner is satisfied that—
(i)an event is to be held in that area; and
(ii)by information known to the Chief Commissioner, there is a likelihood that violence or disorder involving the use of weapons will occur in that area during the period of intended operation of the declaration.".
(2)In section 10D(1A) of the Control of Weapons Act 1990, for "recur" substitute "occur or recur".
(3)For section 10D(3)(b) of the Control of Weapons Act 1990 substitute—
"(b)in the case of a declaration—
(i)under subsection (l)(a), must not exceed 24 hours; or
(ii)under subsection (l)(b), must not exceed 6 months.".
(4)For section 10D(3B) of the Control of Weapons Act 1990 substitute—
"(3B)Each period of a declaration under this section in relation to an event operates—
(a)during the event; and
(b)during any time before and after the event that the Chief Commissioner considers reasonable.".
(5)In section 10D(4) of the Control of Weapons Act 1990—
(a)for "section in—" substitute "section—";
(b)in paragraph (a), before "the Government Gazette" insert "in".
(6)For section 10D(4)(b) and (c) of the Control of Weapons Act 1990 substitute—
"(b)on an Internet site maintained by Victoria Police.".
(7)For section 10D(5A) of the Control of Weapons Act 1990 substitute—
"(5A)In addition to subsection (5), the notice must include a map of the designated area.".
(8)In section 10D(8) of the Control of Weapons Act 1990, for "10 days" substitute "12 hours".
(9)In section 10D(9) of the Control of Weapons Act 1990, for "10-day period" substitute "12-hour period".
(10)For section 10D(10) of the Control of Weapons Act 1990 substitute—
"(10)A declaration under this section is not a legislative instrument within the meaning of the Subordinate Legislation Act 1994.".
56Unplanned designation of an area
(1)In section 10E(4)(b) of the Control of Weapons Act 1990, for "12 hours" substitute "24 hours".
(2)After section 10E(7) of the Control of Weapons Act 1990 insert—
"(8)A declaration under this section is not a legislative instrument within the meaning of the Subordinate Legislation Act 1994.".
57Offence to obstruct or hinder search or other powers or fail to comply with direction
At the foot of section 10L(3) of the Control of Weapons Act 1990 insert—
"Penalty:2 penalty units.".
PART 4—REPEAL OF THIS ACT
58Repeal of this Act
This Act is repealed on 31 December 2026.
Note
The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).
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ENDNOTES
1 General information
See for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 27 November 2024
Legislative Council: 6 March 2025
The long title for the Bill for this Act was "A Bill for an Act to amend the Terrorism (Community Protection) Act 2003 and the Control of Weapons Act 1990 and for other purposes."
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