Victorian Bills Explanatory Memoranda Victorian Bills Explanatory Memoranda[Index] [Search] [Download] [Bill] [Help]
Terrorism (Community Protection)
(Amendment) Bill
Introduction Print
EXPLANATORY MEMORANDUM
General
This Bill makes amendments to the Terrorism (Community Protection)
Act 2003 to enact new counter-terrorism measures and enhance existing
powers.
The objects of the Bill are to give members of the police force special powers
to--
· prevent a terrorist act occurring; or
· preserve the evidence related to a terrorist act; or
· assist the community to recover from a terrorist act.
This legislation is necessary because the nature of the terrorist threat means
that police may need to intervene earlier to prevent a terrorist act with less
knowledge than they would have had using traditional policing methods.
The Bill implements legislation that is a part of a nationwide series of
counter-terrorism initiatives that were agreed by the Council of Australian
Governments ("COAG") on 27 September 2005.
Before COAG, the Premier released a statement "Protecting Our Community:
Attacking the Causes of Terrorism". The Premier's statement announced that
Victoria would consider legislative measures including those to give greater
stop, search and seize powers (limited by place and time) to the police,
extend the existing covert search warrant provisions and possible additional
powers to protect essential services.
The Premier's statement also advanced principles that should guide the
development of counter-terrorism legislation. These principles required that
counter-terrorism must--
· be based on evidence that it is needed;
· be effective against terrorism;
1
551393 BILL LA INTRODUCTION 16/11/2005
· contain safeguards against abuse;
· be subject to judicial review;
· be subject to legislative sunset; and
· be exercised in a way that is evidence-based, intelligence-led
and proportionate.
The COAG agreement
To enhance Australia's security and counter-terrorism arrangements, COAG
agreed to co-operate in initiatives that included--
· improving the security of mass passenger transport;
· developing a national, risk-based approach to the use of closed
circuit television for counter-terrorism purposes;
· strengthening links and promoting dialogue with faith leaders,
including the Islamic community;
· establishing a unified model policing model for Australian
airports and review information and intelligence sharing in the
aviation sector; and
· strengthening counter-terrorism laws.
It was recognised at COAG that there was a clear case to strengthen
Australia's counter-terrorism laws. Consequently, it was agreed that the
Commonwealth would enact amendments to the Commonwealth Criminal
Code to prevent terrorist acts and facilitate the prosecution of the perpetrators
of terrorist acts in the event they occur. These amendments included--
· the ability to obtain control orders to impose obligations,
restrictions or prohibitions upon a person where that would
substantially assist in preventing a terrorist act occurring or the
person has provided training to or received training from a
listed terrorist organisation;
· the preventative detention of a person for up to 48 hours where
it would substantially assist in preventing a terrorist act
occurring or, if a terrorist act has occurred, to preserve
evidence relating to that terrorist act; and
· expanding the Commonwealth's ability to proscribe a terrorist
organisation and make other amendments to terrorist offences.
2
The provisions in Part 5.3 of the Commonwealth Criminal Code relied upon
legislative power that had been referred to the Commonwealth Parliament
by the States under section 51 (xxxvii) of the Australian Constitution.
The terms of that referral of legislative power (incorporated into
section 100.8 of the Criminal Code) were that a majority of States and
Territories (including at least 4 States) must agree to any express
amendments to the provisions of Part 5.3 of the Criminal Code.
The principles in the Premier's statement were accepted at COAG and guided
the input of the States and Territories into the development of the
Commonwealth legislation.
The State and Territory leaders also agreed to enact counter-terrorism laws
that the Commonwealth was unable to enact because of constitutional
constraints. These laws would enable the preventative detention of persons
for up to 14 days and stop, question and search powers in public areas such as
transport hubs and places of mass gatherings.
The Commonwealth legislation to implement the COAG agreement
The Commonwealth legislation to enact the legislative measures to
implement the Commonwealth's agreement at COAG is in two parts.
The Anti-Terrorism Act 2005 amended existing offences in the
Commonwealth Criminal Code, namely--
· providing or receiving training connected to a terrorist act
(section 101.2);
· possessing things connected with terrorist acts (section 101.4);
· collecting or making documents likely to facilitate terrorist acts
(section 101.5);
· other acts done in preparation for or planning a terrorist act
(section 101.6); and
· financing of terrorism (section 103.1)--
so that the activity prohibited in these provisions is an offence, even if a
terrorist act does not occur, the activity cannot be established with respect to
a specific terrorist act or is connected with more than one terrorist act.
That Act was introduced into the Commonwealth Parliament on 2 November
2005 and was passed by the House of Representatives on that day. The Act
was passed by the Senate and received Royal Assent on 3 November 2005.
3
The Anti-Terrorism (No. 2) Bill amends the Commonwealth Criminal Code
to--
· repeal obsolete parts of the definition of a "terrorist
organisation" and ensure that the definition applies to a body
that has prepared, planned, assisted or fostered a terrorist act,
whether or not a terrorist act occurs (section 102.1);
· enable the regulations to proscribe a body as a terrorist
organisation that has advocated the doing of a terrorist act,
whether or not the act occurs (section 102.1);
· expand the offence of getting funds to or from a terrorist
organisation to include collecting funds for or on behalf of a
terrorist organisation (section 102.6);
· insert a new provision specifying an offence for financing a
terrorist by making funds available to or collecting funds for a
terrorist (section 103.2);
· insert or amend definitions necessary for the new control
orders and preventative detention provisions (section 100.1);
· insert new provisions relating to control orders (sections 104.1
to 104.32); and
· insert new provisions relating to preventative detention orders
(sections 105.1 to 105.53).
As explained above, a majority of the States and Territories was required to
agree to these provisions in the Bill because they are express amendments to
Part 5.3 of the Commonwealth Criminal Code that relies on constitutionally
referred legislative power to the Commonwealth Parliament from the States.
The Bill also contains a number of other amendments to other
Commonwealth legislation that are within power and the agreement of the
States and Territories is not required.
The Commonwealth Act and Bill acknowledge the agreement at COAG that
the amendments to the Commonwealth Criminal Code to--
· the definition of a terrorist organization;
· the offence for the financing of terrorism;
· include control orders and preventative detention orders laws;
and
4
the amendments to the Crimes Act 1914 to include stop, question and search
powers will be reviewed in 5 years. The control order and preventative
detention order provisions and the stop, question and search powers will also
sunset in 10 years.
Implementation of the COAG agreement in this Bill
This Bill implements the COAG agreement by including amendments in the
Terrorism (Community Protection) Act 2003 to introduce--
· preventative detention provisions; and
· stop, search and seize powers.
Amendments are also made in this Bill to the covert search warrant
provisions in Part 2 of the Terrorism (Community Protection) Act 2003 in
accordance with the Premier's statement.
The Bill conforms to the principles in the Premier's statement by imposing
numerous safeguards on the use of police powers, including robust judicial
review mechanisms and Parliamentary review of the operation and use of
coercive police powers. The measures in this Bill will be subject to a review
in 5 years and will sunset in 10 years, consistent with the Commonwealth
legislation.
Currently, other States such as New South Wales, Queensland and South
Australia are expected to also introduce legislation into their respective
Parliaments during 2005 to implement the COAG agreement.
Clause Notes
Clause 1 states the purposes of the proposed Act.
Clause 2 is the commencement provision. The Bill will commence
operation on a day or days to be proclaimed. Any provision not
proclaimed to commence before 9 March 2006 will commence
on that day.
Clause 3 specifies that the Terrorism (Community Protection) Act 2003
is the Principal Act referred to in this Bill.
5
Clause 4 inserts into the Terrorism (Community Protection) Act 2003 a
new Part titled "PART 2A--PREVENTATIVE DETENTION
ORDERS". That Part is divided into Divisions as follows--
Division 1--Preliminary
A new section 13A states the objects of Part 2A. These are to
allow persons to be taken into custody and detained to prevent a
terrorist act occurring or preserve evidence of a recent terrorist
act.
The new section 13B(1) defines certain words or expressions
used in this Part--
· the expressions "AFP member" and "Commonwealth
control order" have the same meaning as under Part 5.3
of the Commonwealth Criminal Code;
· the expression "authorised member of the force" refers
to those members of the Victorian police force who,
whether by name or class, have been authorised by the
Chief Commissioner of Police to make applications for
a preventative detention order or a prohibited contact
order under Part 2A;
· the expression "corresponding preventative detention
law" refers to the provisions in the Anti-Terrorism
(No. 2) Bill of the Commonwealth and the provisions of
legislation of other States and Territories that provide
for the preventative detention of persons consistent with
the provisions in Part 2A. Regulations may declare the
laws of other jurisdictions to be corresponding laws for
the purposes of this Part to achieve certainty;
· the term "identification material" refers to the samples,
prints or recordings that may be taken to ensure the
correct identification of a person detained under a
preventative detention order;
· the term "interim preventative detention order" refers to
an order made by the Supreme Court that will have
effect only until it is confirmed by the Supreme Court;
· the word "lawyer" is defined as having the same
meaning as "Australian lawyer" under the Legal
Profession Act 2004;
6
· the terms "police goal" and "prison" have the same
meaning as in the Corrections Act 1986;
· the expression "prescribed authority" has the same
meaning as in the Australian Security Intelligence
Organisation Act 1979 (Cth);
· the term "preventative detention order" is defined as an
order detaining a person under Part 2A that may be
varied or revoked on an application by the detained
person or on an application by a member of the police
force;
· the term "prohibited contact order" means an order
made under Part 2A that prohibits a person detained
under a preventative detention order from contacting a
person specified in that order;
· the expression "seizable item" refers to anything that
may present a danger to a person or assist a person
detained under a preventative detention order to escape
custody or contact another person;
· the expression "senior police officer" refers to either the
Chief Commissioner of Police a Deputy Commissioner
or an Assistant Commissioner. A senior police officer
may hear an application for a preventative detention
order in urgent circumstances.
Section 13B(2) empowers the Chief Commissioner of Police to
appoint individual members of the police force, or a class of
members of the force, to be authorised to make applications for
preventative detention orders and prohibited contact orders under
Part 2A.
Division 2--Preventative Detention Orders
Section 13C allows an authorised member of the police force to
make application to the Supreme Court or, in urgent
circumstances, a senior police officer, for a preventative
detention order in respect of a person. To make that application
the police member must be satisfied of specified matters
indicating that the detention of the subject is necessary to either
prevent an imminent terrorist act from occurring (i.e. an act
expected to occur within 14 days) or to preserve evidence
relating to a terrorist act.
7
Section 13D prescribes the form of the application for a
preventative detention order. The application must be sworn and
set out all facts and grounds justifying the order and information
about the person's age and ability to manage their own affairs.
Disclosure is required of all previous applications for a
preventative detention order against the person, the particulars
and outcomes of all proceedings related to a control order sought
by the Commonwealth or information about any periods of
detention under a corresponding law. If the person has already
been in detention under a different order (whether under this Act
or a corresponding law) on the basis of assisting in preventing a
terrorist act occurring within a particular period, the application
must specify the information that became available only after the
earlier order was made if the application relates to a different
terrorist act occurring within that period. The application may be
made, without notice to the person affected, to a senior police
officer, or to the Supreme Court. Notice of the application to the
Supreme Court must be given to the person affected if that person
is already detained under an order made by a senior police officer
or under an order under a corresponding law.
Section 13E empowers the Supreme Court or a senior police
officer to make preventative detention orders. The Court or
senior officer can make the order if satisfied on reasonable
grounds of specified matters indicating that the detention of
the subject is necessary to prevent an imminent terrorist act
(i.e. expected to occur within the next 14 days) from occurring or
to preserve evidence relating to a terrorist act that has occurred
within the last 28 days. The Court or senior officer may defer
determining the application pending the receipt of further
information.
If notice of the application was not given to the person affected,
the Court can make an interim order and specify a resumed
hearing date. The person affected will be notified of the resumed
hearing.
On the hearing before the Supreme Court the person may appear
and give evidence, call witnesses, make submissions and cross-
examine police witnesses. If the person is not legally
represented, the Court may order Victoria Legal Aid to provide
legal representation. If an interim order has been made, the Court
may confirm the order, vary its terms or revoke it. The Court
may declare an order made by a senior police officer void and
determine that the person should be compensated.
Section 13F specifies the powers and limitations of a preventative
detention order. The order allows the subject person to be taken
into custody and detained from that time for a maximum of
8
14 days (save for an interim order or an order made by a senior
police officer). The order must be in writing and specify the
name of the detained person, the period of detention and related
matters such as limitations on disclosing the detention period or
special contact arrangements for persons under the age of 18 or
incapable of managing their own affairs.
Section 13G specifies the maximum duration of preventative
detention orders. The maximum period of a detention order by
the Court is 14 days, less any period of detention under an order
by a senior police officer or detention under a corresponding law.
The maximum period of detention under an interim order of the
Supreme Court is 48 hours. A senior police officer cannot order
the detention of a person for more than 24 hours and is required
to make application to the Supreme Court within that time.
Section 13H specifies when an order commences and ceases to
have effect. A preventative detention order takes effect from
the time it is made or from the expiry of detention under a
corresponding law. An order made by a senior police officer will
continue only until the Supreme Court makes a preventative
detention order. An order will expire after 48 hours if the
person has not been taken into custody. Otherwise, a
preventative detention order expires at the end of the period of
detention specified in the order or upon the revocation of the
order on the application of the detained person or the police.
Section 13I enables a member of the police force to apply for an
extension of a preventative detention order finally determined by
the Supreme Court. The application must be in writing and
sworn by the applicant setting out the reasons for the necessity of
the extension of the order and disclose all previous applications
for an extension of that order. The person who is the subject of
the order must be given notice of the application and may appear
before the Court and give evidence, call witnesses and cross-
examine police evidence to contest the application. The Court
may extend the period for which the order is in force if it is
satisfied that the extension is reasonably necessary for the
purposes for which the original order was made. An extension of
the order cannot have the effect that the person is detained longer
than the maximum period of 14 days.
Section 13J prohibits the making of an application for a
preventative detention order in respect of a person who is aged
under 16 years. If a person is detained under a preventative
detention order and a member of the police force becomes aware
that the person is aged under 16 years, the member must arrange
for the release of the person as soon as practicable.
9
Section 13K provides restrictions on making further applications
for a preventative detention order in respect of a person who
has already been detained under a preventative detention order
on the grounds that their detention would prevent a terrorist act.
A further application to a senior police officer to detain that
person with respect to the same terrorist act occurring within the
same period as specified in the earlier application is prohibited.
A further application to a senior police officer to detain a person
on the grounds of preserving evidence of a terrorist act is
prohibited if that person has already been detained under a
corresponding law on those grounds in respect of the same
terrorist act. A further application to detain that person with
respect to a different terrorist act occurring within the same
period as specified in the earlier application by which the person
was detained (whether under this Act or a corresponding law)
must be based on information that became available only after
the earlier order was made.
Section 13L enables an authorised police member who applies
for a preventative detention order to also apply to the Supreme
Court or a senior police officer for a prohibited contact order that
will prevent the detained person contacting a person specified in
that order during the period of their detention. The application
must be in writing, setting out the grounds of the application and
sworn by the applicant. Where the application is made to the
Supreme Court, the person to be detained must be given notice of
this application and allowed to appear and give evidence, call
witnesses and cross-examine police evidence to contest the
application. The Court or a senior police officer may make the
order if satisfied on reasonable grounds that it will assist in
achieving the purpose of the preventative detention order.
Section 13M allows an application for a prohibited contact order
to be made where a preventative detention order is already in
force against the person. The same requirements for making a
sworn application apply and notice of this application to the
Supreme Court must also be given to the person. The person
affected has the same rights to appear, give evidence, call
witnesses and cross-examine police evidence to contest the
application as they have concerning a preventative detention
order. The Court may make the order if satisfied that on
reasonable grounds that it will assist in achieving the purpose of
the preventative detention order.
10
Section 13N allows a person who is the subject of a preventative
detention order to apply for leave to make application for a
variation or revocation of the order or a prohibited contact order.
The Supreme Court must not grant leave unless new facts or
circumstances have arisen since it made the original order. If the
Court is satisfied that new facts or circumstances have arisen
and it is appropriate to revoke or vary the order, it must do so.
The variation or revocation of a preventative detention order or
a prohibited contact order in respect of a person detained in a
prison must be served on the Secretary to the Department of
Justice as soon as practicable.
Section 13O requires the police force member detaining a person
under a preventative detention order to apply to the Supreme
Court (or senior police officer) for a revocation or variation of the
order, or a prohibited contact order, if satisfied that the grounds
on which the order was made have ceased to exist or that a
variation of the order is appropriate. The Court is empowered
to make an order revoking or varying the original order.
The variation or revocation of a preventative detention order or
a prohibited contact order in respect of a person detained in a
prison must be served on the Secretary to the Department of
Justice as soon as practicable.
Division 3--Carrying out Preventative Detention
Orders
Section 13P empowers any member of the police force to give
effect to a preventative detention order by taking the subject
person into custody and detaining them. For this purpose, the
police members have the same powers as if they were
apprehending a person who had committed an indictable offence
or was escaping legal custody. The Chief Commissioner must
also nominate an independent police officer (not involved in the
application for the preventative detention order) to oversee the
exercise of powers and performance of obligations by police
members (including applying for a revocation or variation of a
preventative detention order or a prohibited contact order where
appropriate). The nominated officer must also consider any
representations from the detained person or their lawyer, the
Ombudsman or a family contact concerning the exercise of
powers by police members under the order, the treatment of the
detained person and the performance of obligations by police
members (including whether an application for a revocation or
variation of a preventative detention order or a prohibited contact
order should be made).
11
Section 13Q requires the police member detaining a person to
endorse on the order the date and time at which the person was
taken into custody and the place of detention.
Section 13R empowers a police member to require persons who
may be able to assist in the execution of a preventative detention
order to provide their name and address. Failure to do so is an
offence. The police member must also provide his or her name,
place of duty and rank or identification number if requested to do
so.
Section 13S empowers police members to use reasonable force to
enter premises to take custody of a person who is the subject of a
preventative detention order. Police members must not enter
residential premises between 9 p.m. and 6 a.m. the following day
unless it is not practicable to take the person into custody
elsewhere or at another time or the entry is necessary to prevent
concealment, destruction or loss of evidence.
Section 13T empowers police members to search a person taken
into custody under a preventative detention order to ascertain
whether they are carrying evidence of a terrorist act or an item
that presents a danger to a person or could be used to assist them
escape lawful custody or contact another person.
Section 13U requires a police member who has detained a person
under a preventative detention order and who is given a copy of a
warrant under section 34D of the Australian Security Intelligence
Organisation Act 1979 (Cth), to release that person for detention
and questioning under that warrant. The period of detention and
questioning under that warrant does not extend the period of
detention under a preventative detention order.
Section 13V provides for arrangements to release a person who is
subject to a preventative detention order. On release, the police
member detaining the person must give that person a statement
that the person is released from that detention. That requirement
does not apply if the person is to be delivered--
· into the custody of Victoria Police for questioning
concerning a suspected offence;
· under a detention and questioning warrant under the
Australian Security Intelligence Organisation Act 1979
(Cth); or
· in accordance with the Crimes Act 1914 (Cth).
12
A person is taken to be released from preventative detention even
if they will be taken into custody and detained on some other
basis. A person released under this provision may be detained
under that order again if the order is still in force.
Section 13W enables a member of the police force detaining a
person under a preventative detention order to request the
Secretary to the Department of Justice to transfer that person to a
prison. This request may also be made in respect of a person
who is aged under 18 years. If the person is detained in a prison,
the preventative detention order authorises the Governor of the
prison to detain the person. The requirement to treat the detained
person humanely applies to the Governor of the prison and any
other person involved with the person's detention at the prison.
The member of the police force who requested the detention of
the person in prison remains responsible for the obligations to
inform the detained person of the order in Division 4 of Part 2A
and the provisions related to the treatment of the detained person
in Division 5 of Part 2A.
Division 4--Informing Person Detained about
Preventative Detention Order
Section 13X requires the police member detaining a person under
a preventative detention order to inform the person of particulars
of the order including the period of detention, contact restrictions,
the fact that an application may be made to the Supreme Court
for a further order (where the initial order was made by a senior
police officer) and their rights. The rights include the ability to
seek a remedy related to the order or a prohibited contact order,
entitlement to contact a lawyer and the ability to complain to the
Ombudsman or Director, Police Integrity about the application
for the order or their treatment in detention.
Section 13Y obliges the police member detaining a person under
a preventative detention order to inform the person of particulars
of any extension to the order under section 13I.
Section 13Z clarifies the manner in which the police member
detaining a person under a preventative detention order may
complete their obligations of informing a detained person of the
order and their rights under sections 13X and 13Y. The police
member must communicate by an interpreter, including the
assistance of an interpreter by telephone, if the person's
knowledge of English is inadequate to communicate fluently.
The obligation to inform the detained person of the order and
their rights under section 13X will be satisfied by informing them
of the substance of those matters and precise or technical
language is not necessary. The requirement need not be
13
complied with if the actions of the detained person make this
impracticable.
Section 13ZA obliges the police member detaining a person
under a preventative detention order to provide that person with a
copy of the order (including a prohibited contact order and an
order extending the preventative detention order, if any) together
with a summary of the grounds on which the order or orders were
made. The police member must, at the request of the detained
person, provide a copy of any preventative detention order or
prohibited contact order affecting the detained person, together
with the summary of the grounds on which those orders were
based, to the detained person's lawyer. Section 13ZA does not
require the disclosure of any information likely to affect national
security.
Division 5--Treatment of Person Detained
Section 13ZB prohibits anyone detaining a person under a
preventative detention order from subjecting that person to cruel,
inhuman or degrading treatment.
Section 13ZC provides that a person detained under a
preventative detention order has no entitlement to contact another
person and may be prevented from contacting another person.
The exceptions to this restriction are the entitlements to contact a
family member, the Ombudsman or a lawyer (in sections 13ZD,
13ZE and 13ZF respectively) or the special arrangements for
contact for detained persons aged under 18 years in section
13ZH. Any letter by the detained person to any person other
than the Ombudsman, the Director, Police Integrity or the
Commonwealth Ombudsman must be given to a member of the
police force.
Section 13ZD specifies the contact that the detained person may
have with family members or other persons. The detained person
may contact a family member or a person he or she lives with,
their employer, people that they employ in a business or business
partners by telephone, fax or email. The contact is solely for the
purpose of advising these people that the detained person is safe
and will not be able to be contacted. The detained person will
not be able to advise the period of detention if they are prohibited
from doing so by order. The detained person cannot disclose the
fact that they are detained under a preventative detention order.
However, the order may allow the detained person to be visited
by specified persons or have contact with them by telephone, fax
or email and inform those persons of the preventative detention.
14
Section 13ZE entitles a person detained under a preventative
detention order to contact the Ombudsman or the Director, Police
Integrity.
Section 13ZF specifies the entitlement of a person detained
under a preventative detention order to have contact with a
lawyer. The person may consult with a lawyer to obtain advice
or instruct in proceedings with respect to the preventative
detention order, a prohibited contact order or the person's
treatment in detention. A lawyer may also be consulted with
respect to lodging a complaint with the Ombudsman, the
Director, Police Integrity or arranging an appearance on behalf of
the detained person in court or tribunal proceedings not related to
the preventative detention order. The detained person may be
visited by the lawyer or communicate by telephone, fax or email.
If the detained person's lawyer is the subject of a prohibited
contact order, the detained person must be given assistance to
choose another lawyer. In recommending another lawyer, the
police member may give priority to lawyers having a security
clearance by the Attorney-General's Department of the
Commonwealth but it is not necessary that the lawyer chosen
have that clearance.
Section 13ZG requires the police force member detaining a
person under a preventative detention order to monitor the
contact that the detained person may have with a family member
or other person under section 13ZD or with a lawyer under
section 13ZF. The monitoring may be done with the assistance
of an interpreter if the communication is in a language other than
English. Legal professional privilege is preserved because the
communication between the detained person and their lawyer is
not admissible in evidence in any proceedings against the person.
Section 13ZH provides for special arrangements for family
contact for persons under a preventative detention order and
under the age of 18 years or incapable of managing their own
affairs. These detainees are entitled to contact with both parents,
both guardians or any other person representing their interests
who is not a police force member or an Australian Federal Police
member. The detained person can be visited by parents and
guardians or have contact with them by telephone, fax or email
for 2 hours per day or any longer period permitted by the order or
the detaining police officer. That contact must be monitored by
the detaining police officer, with the assistance of an interpreter if
the communication will be in a language other than English.
15
Section 13ZI provides that the entitlement to contact with family
or with a lawyer and the special arrangements for detainees aged
under 18 or incapable of managing their own affairs are subject
to the terms of any prohibited contact order concerning the
person's detention.
Section 13ZJ prohibits the disclosure by specified classes of
person of the making of a preventative detention order, the fact of
the detention of the person under the order and other specified
information. Disclosure of that information whilst that person is
being detained is an offence. This prohibition applies to the
detained person except for any disclosure allowed by a detained
person to a person under section 13ZD, the Ombudsman under
section 13ZE, their lawyer under section 13ZF or family contact
in the case of a person under the age of 18 years or who is
incapable of managing their own affairs under section 13ZH.
The detained person's lawyer may make disclosures only for the
purposes of any court proceedings in connection with the order, a
complaint to the Ombudsman or the Director, Police Integrity
concerning the order or the treatment of the detained person or
to make representations to the police officer nominated to
oversee the exercise of police powers under section 13P(4).
Otherwise the lawyer is prohibited from any disclosure
concerning the preventative detention order.
The parents or guardian of a detained person under the age of
18 years or who is incapable of managing their own affairs are
prohibited from making disclosures concerning the preventative
detention that are not for the purposes of a complaint to the
Ombudsman or the Director, Police Integrity concerning the
order or the treatment of the detained person or contacting a
lawyer as permitted by section 13ZF or to make representations
to the police officer nominated to oversee the exercise of police
powers under section 13P(4).
A secondary disclosure provision prohibits a person receiving
information concerning the preventative detention order related
to the detained person from disclosing that information to another
person other than to a person exercising authority under the order
or with responsibility for the well being of the detained person.
A police member or interpreter who monitors the contact
between the detained person and their lawyer is prohibited from
disclosing any information from that contact. Interpreters are
also prohibited from disclosing information from a monitored
contact.
16
Section 13ZK prohibits any member of the police force from
questioning a person detained under a preventative detention
order (including a preventative detention order made under a
corresponding law), other than to confirm their identity and
ensure their safety and well-being.
Section 13ZL enables identification material to be taken from a
detained person under a preventative detention order, only if it is
necessary to confirm the person's identity or with the person's
consent. Reasonable force can be used to take identifying
material. If the detained person is under the age of 18 years
or incapable of managing their own affairs, the Magistrates'
Court or the Children's Court must order identification material
(other than prints of the hand, fingers, foot or toes) be taken.
That material must be taken in the presence of a parent or
guardian or another person appropriate to represent the persons
interests.
Section 13ZM provides that identification material taken from
a detained person under a preventative detention order may only
be used to confirm that person's identity and may be given to
the Secretary to the Department of Justice for that purpose.
If 12 months after the identification material is taken,
proceedings with respect to the preventative detention order or
the person's treatment in detention have not been brought, or
have been brought and discontinued or completed, the
identification material must be destroyed.
Section 13ZN provides that if a police member or other person--
· fails to perform a duty to inform the detained person of
the order and their rights, provide copies of orders,
including a copy to a lawyer and assist with the
selection of a lawyer; or
· performs an act they are prohibited from doing such as
mistreating detained persons, questioning them or
misusing identification material--
contrary to Part 2A, they commit an offence.
Division 6--Miscellaneous
Section 13ZO specifies that the standard of proof to be applied by
the Court to determine any question under Part 2A is the balance
of probabilities.
17
Section 13ZP clarifies that the proceedings for a preventative
detention order are civil in nature, although the practice and
procedure of civil proceedings do not apply. Court proceedings
are subject to the National Security Information (Criminal and
Civil Proceedings) Act 2004 (Cth).
Section 13ZQ prohibits a member of the force from giving false
or misleading information or providing a document that is false
or misleading (without informing a senior police officer).
Breach of this prohibition is an offence.
Section 13ZR clarifies that the powers and obligations conferred
upon police members under Part 2A is conferred upon the most
senior police officer involved in the detention of a person, where
more than one member is involved.
Section 13ZS requires the Minister to prepare an annual report to
be laid before Parliament concerning the operation of Part 2A
specifying, with respect to preventative detention orders, the
number of applications made, the number of orders issued by
senior police and the Supreme Court, whether persons were
detained and for how long, the complaints made to the
Ombudsman and the Director, Police Integrity and the number
of prohibited contact orders.
Section 13ZT clarifies that Part 2A does not affect the functions
or powers of the Ombudsman or the Director, Police Integrity
under their respective legislation.
Section 13ZU clarifies that Part 2A does not operate to affect the
law of legal professional privilege.
Section 13ZV clarifies that a person who was the subject of an
application for a preventative detention order may bring legal
proceedings concerning the order, a prohibited contact order or
the person's treatment whilst in detention. To facilitate those
proceedings, the Chief Commissioner may be ordered to put
before the Court the information made available to the Supreme
Court when the order was made (unless that information would
be prejudicial to national security).
Section 13ZW provides the sunset provision. A preventative
detention order cannot be applied for after 10 years after the
day on which clause 4 of this Bill comes into operation.
Any preventative detention order that is in force at that time
will immediately cease effect.
18
Clause 5 inserts into the Terrorism (Community Protection) Act 2003 a
new Part titled "PART 3A--SPECIAL POLICE POWERS".
That Part is divided into Divisions as follows--
Division 1--Preliminary
The new section 21A(1) defines certain words or expressions
used in this Part--
· the word "authorisation" refers to an authorisation for
members of the police force to use special powers under
Part 3A;
· the term "Chief Commissioner" means the Chief
Commissioner of Police;
· the expression "serious indictable offence" is defined as
an indictable offence that is punishable by a term of
imprisonment of 5 years or more;
· the word "target" in respect to the target of an
authorisation means the person in relation to whom or
the vehicle or type of vehicle in relation to which or the
area in relation to which an authorisation was given to
exercise special powers.
Section 21A(2) clarifies that a person or vehicle is in an area that
is the target of the authorisation if the person or vehicle is about
to enter or has recently left the target area.
Section 21A(3) and (4) clarifies that the powers and functions of
the Chief Commissioner of Police in Part 3A cannot be
delegated, despite the provisions of section 6A of the Police
Regulation Act 1958. The operation of section 6 of the Police
Regulation Act 1958 is otherwise unaffected by this provision.
Division 2--Authorisation to Exercise Special powers
Section 21B enables the Chief Commissioner, with the written
approval of the Premier, to apply to the Supreme Court for an
authorisation of special powers to the police force to protect
persons attending events from terrorist acts. The Chief
Commissioner must be satisfied that an event involving the
attendance of prominent persons or large numbers of people may
be the subject of a terrorist act and that an authorisation targeting
the area where the event is taking place or some other area with
activity connected to the event is necessary to protect persons
attending the event. The Chief Commissioner must make a sworn
application to the Supreme Court setting out the grounds for
19
suspecting that the event may be subject to a terrorist act and why
the authorisation is necessary to protect persons attending that
event.
The Supreme Court may require further information to determine
the application or make an interim order pending the final
determination on a date to be specified. The Court may give
an authorisation if satisfied on reasonable grounds that it is
reasonably necessary to protect persons attending the event.
The authorisation must specify the area to which it applies, the
special powers that may be exercised, the date and time when it
commences and specify a date and time when it ceases (not being
more than 24 hours after the completion of the event).
Section 21C enables the Chief Commissioner, with the written
approval of the Premier, to apply for an extension of an
authorisation to protect persons attending events from a terrorist
act. That application must also be sworn and set out the reasons
why the extension of the authorisation is necessary.
The Supreme Court may order an extension of the authorisation
if satisfied that the extension is necessary to achieve the objective
of the authorisation.
Section 21D enables the Chief Commissioner, with the written
approval of the Premier, to give an interim authorisation of
special powers to the police force to prevent or reduce the impact
of a terrorist act. The Chief Commissioner must be satisfied that
a terrorist act is occurring or that there is the threat of a terrorist
act occurring within the next 14 days and the authorisation of
special powers would substantially assist in reducing the impact
of the act or preventing the act or the threat of the act to the
health and safety of the public or on property. If it is expected
that the authorisation should have effect for more than 24 hours,
the Chief Commissioner must make application to the Supreme
Court within that time. Alternatively, the Chief Commissioner
may make an application direct to the Supreme Court for an
authorisation under this section. The application (whether to
confirm an interim authorisation or by initial application) must
be sworn by the Chief Commissioner and set out the grounds for
believing that a terrorist act is occurring or will occur and how
the authorisation of special powers will assist in preventing that
act or reducing the impact upon the public.
20
The Supreme Court may require further information to determine
the application or make an interim order pending the final
determination on a date to be specified. The Court may give an
authorisation if satisfied on reasonable grounds that a terrorist act
is occurring or that there is the threat of a terrorist act and the
authorisation may assist in preventing that act or reducing its
impact on the public.
Section 21E enables the Chief Commissioner, with the written
approval of the Premier, to give an interim authorisation of
special powers to the police force if there reasonable grounds
to believe that a terrorist act is occurring or has just occurred.
The Chief Commissioner must be satisfied that the exercise of
special powers is necessary to assist the apprehension of those
responsible for the act, the investigation of the act or assist the
recovery process of the community. If it is expected that the
authorisation should have effect for more than 24 hours, the
Chief Commissioner must make application to the Supreme
Court within that time. Alternatively, the Chief Commissioner
may make an application direct to the Supreme Court for an
authorisation under this section. The application (whether to
confirm an interim authorisation or by initial application) must be
sworn by the Chief Commissioner and set out the grounds for
believing that a terrorist act is occurring or has occurred and how
the authorisation of special powers will assist in apprehending the
persons responsible, the investigation of the act or the recovery
process for the community.
The Supreme Court may require further information to determine
the application or make an interim order pending the final
determination on a date to be specified. The Court may give an
authorisation if satisfied on reasonable grounds that a terrorist act
is occurring or has occurred and the authorisation may assist in
apprehending those responsible, or the investigation of the
terrorist act or the recovery process for the community.
Section 21F enables the Governor in Council to make an Order
for an authorisation of special powers to the police force to
protect infrastructure assets necessary to deliver an essential
service. The Minister administering Part 6 of the Act, with the
approval of the Premier and on the advice of the Chief
Commissioner of Police, may recommend the Governor in
Council make an Order authorising the use of special powers.
To make that recommendation, the Minister must be satisfied that
the order is necessary to protect a key part of an essential service
from a terrorist act or mitigate the effects of a terrorist act on the
essential service or is necessary for the recovery of the essential
service from a terrorist act.
21
The Order must specify the--
· area targeted by the authorisation;
· special powers that may be exercised; and
· period or periods during which the authorisation has
effect.
Section 21G clarifies that an authorisation given under Part 3A
may authorise the use of special powers in relation to any or all
of a--
· particular person, named or described (including by the
use of a photograph or drawing);
· particular vehicle or type of vehicle; or
· particular area--
described in the authorisation.
Section 21H specifies the manner in which an interim
authorisation is given by the Chief Commissioner.
The authorisation may initially be given orally but must be
confirmed in writing as soon as it is practicable to do so.
The authorisation must specify the general nature of the terrorist
act that it relates to, the person, vehicle or area targeted by the
authorisation and the date and time of the commencement and
expiry of the authorisation.
Section 21I specifies the duration of an authorisation given under
Part 3A. An authorisation commences when it is given or at the
later date and time specified in the authorisation and ends at the
date and time specified in the authorisation unless it is revoked
earlier.
An interim authorisation given by the Chief Commissioner of
Police--
· to prevent a terrorist act or reduce the impact of a
terrorist act under section 21D; or
· related to the investigation of and recovery from a
terrorist act under section 21E--
cannot exceed 24 hours (but may be revoked earlier by the Chief
Commissioner).
22
An authorisation given by the Supreme Court--
· to prevent a terrorist act or reduce the impact of a
terrorist act under section 21D; or
· related to the investigation of and recovery from a
terrorist act under section 21E--
cannot exceed 14 days.
An authorisation given by the Governor in Council to protect
infrastructure assets necessary to deliver an essential service
under section 21F cannot exceed one year.
Section 21J prevents an interim authorisation granted by the
Chief Commissioner (or any decision of the Chief Commissioner
or the Premier concerning the interim authorisation) from being
challenged or called into question in any proceedings before a
court or tribunal. No proceedings seeking the grant of relief may
be brought against the Premier or Chief Commissioner with
respect to an interim authorisation or decision related to an
interim authorisation.
Section 21K provides that the special powers authorised for the
police force under Part 3A may be exercised by any member of
the police force or any person assisting a member of the police
force (with the exception of strip searches). It is not necessary
that a member of the police force exercising those powers be
provided with a copy of the authorisation.
Section 21L enables the Chief Commissioner, in order to
facilitate the exercise of special powers, to direct the exercise of
powers and functions by public entities.
Section 21M requires the Premier annually to lay a report before
Parliament concerning the operation of Part 3A during the year.
The report should specify, with respect to each authorisation
given during the year, the terms and period of each authorisation,
the grounds relied on for each authorisation, the powers exercised
and the result of the exercise of those powers.
Division 3--Powers
Section 21N provides that an authorisation under Part 3A
empowers members of the police force to exercise the powers
given under this Division.
23
Section 21O empowers a police force member to request a
person--
· who the member believes is named or described in an
authorisation (or in the company of such a person);
· who is in a vehicle described in an authorisation; or
· who is in an area specified in an authorisation--
to disclose their identity and provide proof of identity.
The person may be detained for as long as necessary for the
person's identity to be established. A refusal to provide identity,
or providing a name that is false, is an offence.
Section 21P empowers a member of the police force to stop and
search a person, without warrant, including anything in the
possession and control of the person (such as bags or luggage
carried by the person) if--
· the member believes that person is named or described
in an authorisation (or in the company of such a person);
· that person is in a vehicle described in an authorisation;
or
· that person is in an area specified in an authorisation.
The power of search includes the emptying of the contents of the
person's pockets or bags and searching through those contents
and the power to detain the person for the purposes of the search.
Section 21Q enables a member of the force to stop and search a
vehicle if the member suspects on reasonable grounds that the
vehicle or a person in or on the vehicle is the target of an
authorisation or if the vehicle is in an area that is the target of an
authorisation. A warrant is not required.
Section 21R enables a member of the force to move or cause to
be moved a vehicle which is parked or left standing in an area
that is the target of an authorisation if the vehicle is, in that area,
a danger to other vehicles or persons, a cause of traffic
congestion or hindering the exercise of special powers under
Division 3.
Section 21S enables a member of the force to enter and search
any premises if the member suspects on reasonable grounds that
a person who is, or vehicle that is, the target of an authorisation
may be on the premises or that the premises are in an area that is
the target of an authorisation. A warrant is not required.
24
Section 21T enables a cordon, including a roadblock, to be
placed around the target area for the purposes of stopping and
searching under Division 3. A person may be directed not to
enter or to leave or not to leave an area around which a cordon is
placed.
Section 21U enables the seizure and detention, in connection
with a search under Division 3, of all or part of a thing that a
member of the force suspects on reasonable grounds may have
been used or be used to commit a terrorist act or may provide
evidence of the commission of a serious indictable offence,
which need not be a terrorist act.
Section 21V empowers members of the police force (and any
person assisting the member) to use reasonable force to exercise
a power under Part 3A.
Section 21W specifies an offence for interfering with a member
of the police force who is exercising powers under Part 3A. It is
an offence for a person--
· to hinder or obstruct a member of the police force who
is exercising the power to stop and search a person or
vehicle, searching premises or seizing a thing; or
· to fail to comply with a direction of a member of the
police force.
Section 21X provides for the giving of evidence concerning the
exercising of powers under Part 3A. A member of the police
force is required to provide his or her identity and proof that he or
she is a member of the police force. The Chief Commissioner
must also provide a written statement to a person--
· who was searched; or
· whose vehicle or premises were searched--
that the search was an exercise of powers under this Part.
Clause 6 inserts a new Schedule 1 into the Terrorism (Community
Protection) Act 2003 that specifies procedures for undertaking
searches of persons under Part 3A.
Clause 7 inserts an extra-territoriality provision. This provision clarifies
that the various functions, powers or duties under this Act that
arise because of a terrorist act, are not confined to a terrorist act
in Victoria and may be exercised or performed if a terrorist act
has been or is likely to be committed outside Victoria.
25
Clause 8 amends section 6 of the Terrorism (Community Protection)
Act 2003. Section 6(1) is amended to enable an application for
a covert search warrant to search premises to be made in
circumstances where there is reason to believe that a person
resides at or visits premises who has been preparing for or
planning a terrorist act or that there is activity connected with the
planning for or preparation of a terrorist act on those premises.
An application may also be made if a person who has received
training connected with preparing, planning or engaging in a
terrorist act resides at or visits premises.
Section 6(2) is amended to clarify that a covert search warrant
may be granted in cases where the entry would assist in
preventing a terrorist act by gaining knowledge of the preparation
or planning of a terrorist act.
Clause 9 amends the review date of the Terrorism (Community
Protection) Act 2003 to 30 June 2011, being 5 years after the
commencement of the amendments made by this Bill. This will
be at the same time as the proposed COAG review of
Commonwealth and State counter-terrorism legislation agreed at
COAG on 27 September 2005.
Clause 10 inserts a provision into the Terrorism (Community Protection)
Act 2003 confirming that it is the intention of the new
section 21J to vary section 85 of the Constitution Act 1975.
This provision ensures that the jurisdiction of the Supreme Court
does not extend to hearing any challenge to the validity of an
interim authorisation granted by the Chief Commissioner (or any
decision of the Chief Commissioner or the Premier concerning
the interim authorisation) under section 21D or 21E.
Clause 11 amends the sunset date of the Terrorism (Community
Protection) Act 2003 to 1 December 2016, being 10 years after
the commencement of the amendments made by this Bill. This is
consistent with the sunset provisions in other Commonwealth and
State counter-terrorism legislation agreed at COAG on
27 September 2005.
Clause 12 amends the purposes provision in section 1 of the Terrorism
(Community Protection) Act 2003 to include the application
and making of a preventative detention order under Part 2A.
Clause 13 repeals Part 8 of the Terrorism (Community Protection) Act
2003 because those provisions are spent.
26
Clause 14 makes a number of amendments to the Corrections Act 1986
that are consequential upon the creation of the proposed new
powers to make a preventative detention order under Part 2A
of the Terrorism (Community Protection) Act 2003 (a State
preventative detention order) and the related power to make a
preventative detention order under proposed new Division 105
of the Commonwealth Criminal Code (a Commonwealth
preventative detention order).
Clause 14(1) amends section 6 of the Corrections Act 1986,
which defines an "order of imprisonment" for the purposes of
Part 1A of that Act. Part 1A provides for the circumstances in
which a person is in the legal custody of the Secretary to the
Department of Justice or the Chief Commissioner of Police.
Clause 6(1) amends the definition of "order of imprisonment"
to include--
· a preventative detention order within the meaning of the
Terrorism (Community Protection) Act 2003; or
· a preventative detention order made under a
corresponding preventative detention law within the
meaning of that Act.
The effect of including these preventative detention orders within
the meaning of an "order of imprisonment" is that a person
subject to such an order may be deemed to enter the legal custody
of the Secretary to the Department of Justice or the Chief
Commissioner of Police in certain circumstances under Part 1A
of the Corrections Act 1986. In particular, a person in relation
to whom an order of imprisonment is made--
· is deemed to enter the legal custody of the Secretary to
the Department of Justice under section 6A of the
Corrections Act 1986 when the person is received at a
prison or taken into the physical custody of a person
acting on the Secretary's behalf; or
· is deemed to enter the legal custody of the Chief
Commissioner of Police under section 6D of the
Corrections Act 1986 when the person is received at a
police gaol or taken into the physical custody of a
person acting on behalf of the Chief Commissioner of
Police.
27
Clause 14(2) amends section 6A of the Corrections Act 1986,
which sets out when a person is deemed to enter the legal custody
of the Secretary to the Department of Justice, to clarify the
application of that section where a person leaves and re-enters
the Secretary's custody under a preventative detention order.
The amendment makes it clear that a person who leaves the legal
custody of the Secretary to the Department of Justice as provided
for under proposed new section 6B(ca) of the Corrections Act
1986 and is subsequently taken back into custody under a
preventative detention order referred to in that section is deemed
to be in the Secretary's legal custody where either--
· he or she is received into prison; or
· he or she is taken into the physical custody of a person
acting on the Secretary's behalf.
New section 6B(ca) makes it clear that a person leaves the
Secretary's legal custody during any period where he or she is
released from detention under a preventative detention order
under proposed new section 13V of the Terrorism (Community
Protection) Act 2003 or proposed new section 105.26 of the
Commonwealth Criminal Code.
Clause 14(3) amends section 6B of the Corrections Act 1986,
which specifies when a person leaves the legal custody of the
Secretary, by inserting new section 6B(ca). New section 6B(ca)
addresses the circumstances where a person is released from
detention under a preventative detention order under proposed
new section 13V of the Terrorism (Community Protection)
Act 2003 or proposed new section 105.26 of the Commonwealth
Criminal Code. Those sections enable the relevant police officer
who is detaining a person under a State or Commonwealth
preventative detention order, respectively, to release the person
from detention under the order. Those provisions also provide
for the person to be taken back into custody and detained under
the same order at any later time while it remains in force.
The person is not regarded as being detained under the order
during any period when he or she is released under these
provisions.
The amendment to section 6B of the Corrections Act 1986
clarifies that while a person is released from detention under a
preventative detention order in these circumstances, the Secretary
to the Department of Justice ceases to have legal custody of the
person.
28
Clause 14(4) amends section 6B of the Corrections Act 1986 to
make it clear that a person who is detained under a preventative
detention order under either the Terrorism (Community
Protection) Act 2003 or a corresponding preventative detention
law continues to be in the Secretary's legal custody in certain
circumstances after the order expires. These are if--
· another such order in relation to the person comes into
force immediately after the first order expires; or
· another such order continues in force in relation to the
person.
Clause 14(5) amends section 6D of the Corrections Act 1986,
which sets out when a person is deemed to enter the legal custody
of the Chief Commissioner of Police, to clarify the application of
that section where a person leaves and re-enters the Chief
Commissioner of Police's custody under a preventative detention
order. The amendment makes it clear that a person who leaves
the Chief Commissioner of Police's legal custody as provided for
under proposed new section 6E(ca) of the Corrections Act 1986
and is subsequently taken back into custody under the
preventative detention order referred to in that section is deemed
to be in the legal custody of the Chief Commissioner of Police
where either--
· he or she is received into a police gaol; or
· he or she is taken into the physical custody of a person
acting on behalf of the Chief Commissioner of Police.
New section 6E(ca) makes it clear that a person leaves the Chief
Commissioner of Police's legal custody during any period where
he or she is released from detention under a preventative
detention order under proposed new section 13V of the
Terrorism (Community Protection) Act 2003 or proposed
new section 105.26 of the Commonwealth Criminal Code.
Clause 14(6) amends section 6E of the Corrections Act 1986,
which specifies when a person leaves the legal custody of the
Chief Commissioner of Police, by inserting new section 6E(ca).
New section 6E(ca) addresses the circumstances where a person
is released from detention under a preventative detention order
under proposed new section 13V of the Terrorism (Community
Protection) Act 2003 or proposed new section 105.26 of the
Commonwealth Criminal Code. Those sections enable the
relevant police officer who is detaining a person under a State
or Commonwealth preventative detention order, respectively,
to release the person from detention under the order.
29
Those provisions also provide for the person to be taken back
into custody and detained under the same order at any later time
while it remains in force. The person is not regarded as being
detained under the order during any period when he or she is
released under these provisions.
The amendment to section 6E of the Corrections Act 1986
clarifies that while a person is released from detention under a
preventative detention order in these circumstances, the Chief
Commissioner of Police ceases to have legal custody of the
person.
Clause 14(7) amends section 6E of the Corrections Act 1986 to
make it clear that a person who is detained under a preventative
detention order under either the Terrorism (Community
Protection) Act 2003 or a corresponding preventative detention
law continues to be in the legal custody of the Chief
Commissioner of Police in certain circumstances after the order
expires. These are if--
· another such order in relation to the person comes into
force immediately after the first orders expires; or
· another such order continues in force in relation to the
person.
Clause 14(8) amends the secrecy obligation in section 30 of the
Corrections Act 1986. Section 30(2) currently prohibits certain
persons who hold positions within the prison system from
disclosing confidential information other than for the purposes of
their official duties. Section 30(3) of that Act provides for
various exceptions to that secrecy obligation.
Proposed new section 30(dc) of the Corrections Act 1986 will
provide for a new exception to this secrecy obligation which will
apply to the disclosure of information about a prisoner to a
member of the police force or an AFP member for purposes
relating to a State or Commonwealth preventative detention
order. The exception will apply to disclosures that are made for
the purposes of--
· implementing or enforcing such an order under which
the prisoner is being detained; or
· the security or good order of the prison or the safety or
welfare of the prisoner.
30
This exception will ensure that a person who holds a position
within the meaning of section 30 of the Corrections Act 1986
can communicate to police information about a prisoner being
detained under a preventative detention order in appropriate
circumstances.
Clause 14(9) will amend section 47E of the Corrections Act
1986, which requires the Governor of a prison to maintain a
register of certain letters. This clause will insert new section
47E(ab) to require details to be included in the register of letters
given by a prison officer to a member of the force or a police
officer under proposed new section 13ZC of the Terrorism
(Community Protection) Act 2003. Proposed new section
13ZC of that Act, which is inserted by clause 4 of the Bill,
requires a prison officer to give to police certain letters to or from
a person being detained in a prison under a preventative detention
order.
31