Untitled document

Terrorism (Community Protection) Amendment Act 2015

No. 70 of 2015

table of provisions

Section  Page

1Purpose

2Commencement

3Principal Act

4Definitions—Part 1

5What does a warrant authorise?

6Annual reports

7Nature of preventative detention order

8Application by police for revocation or variation of preventative detention order or prohibited contact order

9Release of person from preventative detention

10Arrangement for detainee to be held in prison

11Repeal of section 13ZV

12Definitions—Part 3A

13Annual report

14Review

15Expiry

16Repeal of amending Act

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Endnotes

1      General information

Terrorism (Community Protection) Amendment Act 2015

No. 70 of 2015

[Assented to 15 December 2015]

The Parliament of Victoria enacts:

1Purpose

The purpose of this Act is to amend the Terrorism (Community Protection) Act 2003—

(a)to provide for the remote entry of premises to access electronic equipment for the purposes of covert search warrants; and

(b)to extend the operation of preventative detention orders and prohibited contact orders; and

(c)to make various other amendments relating to preventative detention orders to improve the operation of the Act.

2Commencement

This Act comes into operation on the day after the day on which it receives the Royal Assent.

3Principal Act

In this Act, the Terrorism (Community Protection) Act 2003 is called the Principal Act.

4Definitions—Part 1

(1)In section 3 of the Principal Act, in the definition of thing, for "material." substitute "material;".

(2)In section 3 of the Principal Act insert the following definitions—

"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 Police has the same meaning as in the Victoria Police Act 2013.".

5What does a warrant authorise?

(1)In section 9(1)(a) of the Principal Act, for "(f) or" substitute "(f), (fa) or".

(2)In section 9(1)(f) of the Principal Act, for "from that" substitute "held in, or accessible from, that".

(3)After section 9(1)(f) of the Principal Act insert—

"(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".

6Annual reports

(1)In section 13(1)(g) of the Principal Act, after "operated" insert "other than by way of remote entry".

(2)After section 13(1)(g) of the Principal Act insert—

"(ga)the number of occasions on which electronic equipment was operated by way of remote entry; and".

7Nature of preventative detention order

In section 13F(4)(a) of the Principal Act, for "made" substitute "made or, if the name of the person is uncertain, any name or names by which the person is known to Victoria Police".

8Application by police for revocation or variation of preventative detention order or prohibited contact order

(1)In section 13O(2)(b) of the Principal Act, for "be varied" substitute "be revoked or varied".

(2)In section 13O(2) of the Principal Act, for "a variation" substitute "the revocation or variation".

9Release of person from preventative detention

After section 13V(1) of the Principal Act insert—

"(1A)The police officer who is detaining a person under a preventative detention order must, without delay, release the person from detention under the order or arrange for the person's release from detention under the order if the police officer is satisfied that the grounds on which the order was made have ceased to exist.

Note

The police officer must also apply for the revocation of the order to the Supreme Court: see section 13O(1).".

10Arrangement for detainee to be held in prison

(1)In section 13W(5)(c) of the Principal Act, for "Divisions 4 and 5" substitute "Divisions 4 and 5, subject to subsection (5A)".

(2)After section 13W(5) of the Principal Act insert—

"(5A)Section 13ZB does not apply to the police officer referred to in subsection (5)(c) in respect of the person being detained at the prison to the extent that the police officer cannot reasonably perform any obligation under that section.".

11Repeal of section 13ZV

Section 13ZV of the Principal Act is repealed.

12Definitions—Part 3A

(1)In section 21A(1) of the Principal Act, in the definition of target, for "powers;" substitute "powers.".

(2)In section 21A(1) of the Principal Act, the definition of vehicle is repealed.

13Annual report

(1)In section 21M(1) of the Principal Act, for "Premier" substitute "Attorney-General".

(2)In section 21M(3) of the Principal Act, for "Premier" substitute "Attorney-General".

14Review

(1)In section 38(1) of the Principal Act, for "31 December 2014" substitute "31 December 2020".

(2)In section 38(2) of the Principal Act, for "31 December 2014" substitute "31 December 2020".

15Expiry

In section 41 of the Principal Act, for "1 December 2016" substitute "1 December 2021".

16Repeal of amending Act

This Act is repealed on the first anniversary of its commencement.

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: 21 October 2015

Legislative Council: 12 November 2015

The long title for the Bill for this Act was "A Bill for an Act to amend the Terrorism (Community Protection) Act 2003 to provide for the remote entry of premises for the purposes of covert search warrants, to extend the operation of preventative detention orders and prohibited contact orders and for other purposes."