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TERRORISM (COMMUNITY PROTECTION) ACT 2003
TABLE OF PROVISIONS
PART 1--PRELIMINARY
1. Purposes
2. Commencement
3. Definitions
4. What is a terrorist act?
4A. Extraterritoriality of terrorist act no barrier
4B. Providing documents or information facilitating terrorist acts
PART 1A--PUBLIC INTEREST MONITOR
Division 1--Role in relation to order and warrant applications
4C. Application of this Division
4D. Information to be given to Public Interest Monitor
4E. Full disclosure to Public Interest Monitor
4F. Role of Public Interest Monitor
Division 2--Role in relation to preventative police detention
4G. Authorised police officer to notify Public Interest Monitor about certain things relating to police detention decisions
4H. Nominated senior police officer to notify Public Interest Monitor about certain matters relating to police detention decisions
4I. Full disclosure to a Public Interest Monitor
4J. Secrecy obligations do not apply
4K. Role of Public Interest Monitor in relation to periodic reviews
4L. Public Interest Monitor to be given written record of police detention decision
4M. Public Interest Monitor to be given access to documents related to police detention decisions and periodic reviews
4N. Return of documents
PART 1B--ROLE OF THE COMMISSION FOR CHILDREN AND YOUNG PEOPLE
4O. Functions of Commission for Children and Young People in relation to detention of children
4P. Access to children in detention for the purpose of monitoring their treatment
4Q. Access to documents and information
4R. Assistance to be given to Commission for Children and Young People for performance of its functions and exercise of powers
PART 2--COVERT SEARCH WARRANTS
5. Jurisdiction
6. Covert search warrants
7. Application for warrant
7A. Notice to Public Interest Monitor of application
8. Determining the application
9. What does a warrant authorise?
10. Warrant may be granted by telephone
11. Report to the Victorian Inspectorate
12. No publication of report of proceeding
PART 2AA--PREVENTATIVE POLICE DETENTION
Division 1--Preliminary
13AA. Object of Part
Division 2--Police detention decisions
13AB. What is a police detention decision?
13AC. Authorised police officer may make police detention decision
13AD. Nature of police detention decisions in relation to children—detention in youth justice facilities
13AE. Recording of police detention decision
13AF. When a police detention decision starts and ceases to have effect
13AG. Detained persons under 14 years to be released without delay
Division 3--Carrying out police detention decisions
13AH. Power to detain person under authority of police detention decision
13AI. Person must be informed of detention when taken into custody
13AJ. Endorsement of record with date and time person taken into custody or detained
13AK. Summary explaining police detention decision to be given to detained person
13AL. Summary explaining police detention decision to be given to detained person's lawyer
13AM. Compliance with section 13AK or 13AL not required if impractical because of actions of detained person
13AN. Lawfulness of person's detention not affected by non-compliance with section 13AK or 13AL
13AO. Requirement to provide name etc.
13AP. Power to enter premises for purpose of searching for, or taking into custody, a person
13AQ. Power to conduct search of a person taken into custody under this Part
13AR. Detention of children in a youth justice facility
13AS. Application of Children, Youth and Families Act 2005 to children detained under this Part in a youth justice facility
13AT. Transfer of detained child into legal custody of Chief Commissioner for questioning
13AU. Return of child to youth justice facility at end of questioning
13AV. Effect on period of detention of transfers of custody of children for questioning purposes
Division 4--Informing person detained about police detention decision
13AW. Effect of police detention decision to be explained to person detained
13AX. Compliance with obligations to inform
Division 5--Treatment of person detained
13AY. Humane treatment of person being detained
13AZ. Detention of children
13AZA. Restrictions on contact with other people
13AZB. Special assistance for person with inadequate knowledge of English language or disability
Division 6--Questioning
13AZC. Questioning during detention
13AZD. Questioning to be deferred to allow for interpreter
13AZE. Questioning to be deferred to enable communication with lawyer or consular office
13AZF. Role of lawyers during questioning
13AZG. Questioning of children
13AZH. Communication with lawyers, consular officials, parents, guardians or independent person may be restricted
13AZI. Definitions
13AZJ. Digital recordings
13AZK. Recording of questioning
13AZL. Person questioned to be given copy of recordings
13AZM. Evidence of representations
13AZN. Offences in relation to recordings
13AZO. Court may give directions in relation to a recording
13AZP. Retention of copy of recording
Division 7--Contact with other people
13AZQ. Contacting family members etc.
13AZR. Contacting the Ombudsman or the IBAC
13AZS. Contacting the Commission for Children and Young People
13AZT. Contact with consular office
13AZU. Contact with special counsel
13AZV. Contacting lawyer
13AZW. Police assistance in choosing a lawyer in certain cases
13AZX. Monitoring contact under section 13AZQ with family members etc.
13AZY. Monitoring contact under section 13AZV with lawyers
13AZZ. Special contact rules for person who is a child or incapable of managing own affairs
13AZZA. Nominated senior police officer must inform parent or guardian not to disclose certain information
13AZZB. Contact prohibited in certain cases
Division 8--Taking and using identification material
13AZZC. References to appropriate person in this Division
13AZZD. Taking identification material
13AZZE. Use of identification material
13AZZF. Destruction of identification material
Division 9--End of and release from detention
13AZZG. When does detention under this Part end?
13AZZH. Process for release of person from detention by police officer
13AZZI. Warrant under section 34D of the Australian Security Intelligence Organisation Act 1979 of the Commonwealth
Division 10--Oversight by nominated senior police officers
13AZZJ. Nominated senior police officers
13AZZK. Role of nominated senior police officer
13AZZL. Representations to a nominated senior police officer
13AZZM. Integrity and children oversight bodies to be notified of police detention decision and person being taken into custody
13AZZN. Periodic review of detention under this Part
Division 11--Restrictions on disclosure of information relating to detention
13AZZO. Definitions
13AZZP. Detainees prohibited from disclosing certain information
13AZZQ. Lawyers prohibited from disclosing certain information
13AZZR. Parents or guardians prohibited from disclosing certain information
13AZZS. Parent or guardian of detainee prohibited from disclosing certain information to another parent or guardian
13AZZT. Nominated senior police officer may inform parent or guardian they cannot contact other parent or guardian in certain cases
13AZZU. Interpreters prohibited from disclosing certain information
13AZZV. Disclosure recipient prohibited from disclosing certain information they receive
13AZZW. Monitors of contact between detainee and lawyer prohibited from disclosing certain information
Division 12--Miscellaneous
13AZZX. Offences of contravening safeguards
13AZZY. Police detaining person under a police detention decision
13AZZZ. Ombudsman etc. functions and powers not affected
13AZZZA.Law relating to legal professional privilege and client legal privilege not affected
13AZZZB.Report to the Victorian Inspectorate
13AZZZC.Person's detention does not prevent provision of medical, dental, psychiatric, physiological or pharmaceutical services
PART 2A--PREVENTATIVE DETENTION ORDERS
Division 1--Preliminary
13A. Object of Part
Division 2--Preventative detention orders
13C. Application for preventative detention order
13D. Form and content of application
13DA. Public Interest Monitor to be notified of application
13E. Preventative detention orders
13F. Nature of preventative detention order
Division 3--of Part 8 of the Corrections Act 1986 (as modified by section 13W(6) of this Act) provides for the issue of a custodial community permit to a person detained in a prison for a purpose relating to his or her health. Section 597 of the Children, Youth and Families Act 2005 (as applied by section 13WA(5) of this Act) provides for medical services and operations in the case of a person detained in a youth justice facility.
13G. Duration of preventative detention orders
13H. When order starts and ceases to have effect
13I. Extension of preventative detention order
13J. No preventative detention order in relation to person under 14 years of age
13JA. Special assistance for person with inadequate knowledge of English language or disability
13K. Restrictions on multiple preventative detention orders
13KA. Basis for applying for, and making, prohibited contact order
13L. Prohibited contact order (person in relation to whom preventative detention order is being sought)
13M. Prohibited contact order (person in relation to whom preventative detention order is already in force)
13N. Application by detainee for revocation or variation of preventative detention order or prohibited contact order
13O. Application by police for revocation or variation of preventative detention order or prohibited contact order
Division 3--Carrying out preventative detention orders
13P. Power to detain person under preventative detention order
13Q. Endorsement of order with date and time person taken into custody or detained
13R. Requirement to provide name etc.
13S. Power to enter premises
13T. Power to conduct search
13U. Warrant under section 34D of the Australian Security Intelligence Organisation Act 1979 of the Commonwealth
13V. Release of person from preventative detention
13W. Arrangement for detainee to be held in prison
13WA. Arrangement for detainee to be held in youth justice facility
13WB. Transfer of detained person into legal custody of Chief Commissioner for questioning
13WC. Return of person to place of detention at end of questioning
13WD. Effect on period of detention of transfers of custody of persons for questioning purposes
Division 4--Informing person detained about preventative detention order
13X. Effect of preventative detention order to be explained to person detained
13Y. Person being detained to be informed of extension of preventative detention order
13Z. Compliance with obligations to inform
13ZA. Copy of preventative detention order
Division 5--Treatment of person detained
13ZB. Humane treatment of person being detained
13ZBA. Detention of persons under 18
13ZC. Restriction on contact with other people
13ZD. Contacting family members etc.
13ZE. Contacting Ombudsman etc.
13ZF. Contacting lawyer
13ZFA. Contacting the Commission for Children and Young People
13ZFB. Contact with consular office
13ZFC. Contact with special counsel
13ZG. Monitoring contact under section 13ZD or 13ZF
13ZH. Special contact rules for person under 18 or incapable of managing own affairs
13ZI. Entitlement to contact subject to prohibited contact order
13ZJ. Disclosure offences
13ZK. Questioning of person prohibited while person is detained if Court orders
13ZL. Taking identification material
13ZM. Use of identification material
13ZN. Offences of contravening safeguards
Division 5A--Questioning
13ZNA. Application
13ZNB. Questioning during detention
13ZNC. Questioning to be deferred to allow for interpreter
13ZND. Questioning to be deferred to enable communication with lawyer or consular office
13ZNE. Role of lawyers during questioning
13ZNF. Questioning of children
13ZNG. Communication with lawyers, consular officials, parents, guardians or independent person may be restricted
13ZNH. Definitions
13ZNI. Digital recordings
13ZNJ. Recording of questioning
13ZNK. Person questioned to be given copy of recordings
13ZNL. Evidence of representations
13ZNM. Offences in relation to recordings
13ZNN. Court may give directions in relation to a recording
13ZNO. Retention of copy of recording
Division 6--Miscellaneous
13ZO. Standard of proof
13ZP. Nature of proceedings
13ZQ. Police detaining person under a preventative detention order
13ZS. Ombudsman etc. functions and powers not affected
13ZT. Law relating to legal professional privilege and client legal privilege not affected
PART 3--POLICE POWERS TO DETAIN AND DECONTAMINATE
14. Interpretation
15. Definitions
16. Authorisation
17. How may an authorisation be given?
18. What is authorised?
18A. Requests for communication and medical treatment by persons detained
19. When does an authorisation lapse?
20. Extended authorisation
21. Use of reasonable and necessary force
PART 3A--SPECIAL POLICE POWERS
Division 1--Preliminary
21A. Definitions
21AB. Deputy Commissioners may exercise powers of Chief Commissioner
Division 2--Authorisation to exercise special powers
21B. Authorisation of special powers to protect persons attending events from a terrorist act
21C. Extension of authorisation under section 21B
21D. Authorisation of special powers to prevent, or reduce the impact of, a terrorist act
21E. Authorisation of special powers relating to the investigation of, or recovery from, a terrorist act
21F. Authorisation of special powers to protect essential services from a terrorist act
21G. Persons, vehicles or areas targeted by authorisation
21H. How authorisation may be given
21I. Duration of authorisation
21IA. Variation of interim authorisation
21IB. Premier may delegate power to approve interim authorisation
21J. Interim authorisations not open to challenge
21K. Exercise of special powers by police officers and protective services officers
21L. Power to give directions to public entities
Division 3--Powers
21N. Purposes for which special powers may be exercised
21O. Power to obtain disclosure of identity
21P. Power to search persons
21Q. Power to search vehicles
21R. Power to move vehicles
21S. Power to enter and search premises
21SA. Powers in respect of premises within area that is the target of an authorisation
21SB. Powers in respect of things within area that is the target of an authorisation
21SC. Compensation for loss or damage
21T. Cordon around target area
21U. Power to seize and detain things
21V. Use of force generally
21W. Offence to obstruct or hinder search or other powers
21X. Supplying police officer's or protective services officer's details and other information
PART 4--MANDATORY REPORTING ABOUTPRESCRIBED CHEMICALS AND OTHER SUBSTANCES
22. Reporting about prescribed chemical or other substance
PART 4A--COUNTERING VIOLENT EXTREMISM
Division 1--Preliminary
22A. Objectives of Part
22AB. Definitions
22AC. Meaning of extremist material
22AD. Meaning of participant
22AE. Meaning of program provider
22AF. Meaning of prospective participant
22AG. Meaning of radicalising towards violent extremism
22AH. Who is a respondent to an application?
22AI. What is a support and engagement order?
22AJ. What is a support and engagement plan?
22AK. When is a thing done to achieve a therapeutic purpose?
22AL. Meaning of underlying cause of radicalisation towards violent extremism
22AM. What is a voluntary case management plan?
Division 2--Functions of the Secretary
22AN. Functions of Secretary for voluntary case management plans
22AO. Secretary may delegate certain functions relating to voluntary case management
22AP. Functions of Secretary for support and engagement orders
22AQ. Secretary may delegate certain functions relating to support and engagement orders
Division 3--The Countering Violent Extremism Multi-Agency Panel
22AR. Establishment of CVE MAP
22AS. Functions of CVE MAP
22AT. Secretary may appoint departmental staff to CVE MAP
22AU. Secretary may appoint nominated persons to CVE MAP
22AV. Secretary may appoint persons outside public sector to CVE MAP
22AW. Term of appointment
22AX. Members are eligible for reappointment
22AY. Resignation and removal
22AYA. Acting appointments—departmental staff
22AYB. Acting appointments—nominated persons
22AZ. Chairperson and deputy chairperson
22B. CVE MAP may regulate its own procedure
22BA. CVE MAP to act by resolution
22BB. Meetings of CVE MAP
22BC. Person who is to preside at meetings of the CVE MAP
22BCA. Resolutions without meetings
22BD. Conflicts of interest
22BDA. CVE MAP member may appoint representative for meeting
Division 4--Voluntary case management
22BE. Objects of Division
22BF. Determining whether a person is radicalising towards violent extremism
22BG. Determining whether a person is at risk of radicalising towards violent extremism
22BH. Referral to Secretary by Chief Commissioner of Police
22BI. Secretary may require advice from CVE MAP
22BJ. Secretary to decide whether to accept referral
22BK. Approval of voluntary case management plan provided in CVE MAP's report
22BL. Determination of voluntary case management plan if one not provided in CVE MAP's report
22BM. Refusal of referral after proposed voluntary case management plan provided
22BN. Secretary may require advice from CVE MAP
22BO. Request for consent to case management
22BP. When endeavours to obtain informed consent fail
22BQ. Secretary to notify Chief Commissioner of Police
22BR. Commencement and provision of voluntary case management plan
22BS. Secretary to be informed of critical events
22BT. Reviews of voluntary case management plans
22BU. Secretary may require advice from CVE MAP
22BV. Variation of case management plan
22BW. Commencement and provision of varied voluntary case management plan
22BX. Informed consent may be withdrawn
22BY. Program provider who receives withdrawal of consent must notify CVE MAP
22BZ. Report following withdrawal of consent
22C. Secretary may require advice from CVE MAP
22CA. Secretary may revoke voluntary case management plan
22CB. Report following revocation
22CC. Expiry of voluntary case management plan at end of plan
22CD. Report following expiry
22CE. Secretary may review operation of Division
22CF. Independent review after first 3 years
Division 5--Support and engagement orders
22CG. Object of Division
22CH. Court proceedings involving children
22CI. Court is to make a finding of radicalisation on the basis of the person's behaviour
22CJ. Standard of proof
22CK. Application for support and engagement order
22CL. Form and content of application
22CM. Service of application
22CN. Secretary to file report and proposed support and engagement plan
22CO. Determination of application
22CP. Court may direct person to attend and give evidence
22CQ. How support and engagement order is to be made
22CR. Court may attach further conditions on support and engagement order
22CS. Duration of support and engagement order
22CT. Copy of support and engagement order to be given
22CU. Supported person must comply with support and engagement order made by Magistrates' Court
22CV. Secretary must report on progress under support and engagement order
22CW. Court may hold review hearing on receiving report
22CX. Court must review conditions at review hearing
22CY. Court may vary, extend or revoke support and engagement order at review hearing
22CZ. Copy of varied or extended order or plan to be given
22D. Commencement of variation
22DA. Application for variation of support and engagement order
22DB. Form and content of application
22DC. Service of application
22DD. Court may direct person to attend and give evidence
22DE. Determination of application
22DF. Copy of varied order or plan to be given
22DG. Commencement of variation
22DH. Application for extension of support and engagement order
22DI. Form and content of application
22DJ. Service of application on supported person
22DK. Order continues until application is determined
22DL. Secretary to file report and revised support and engagement plan
22DM. Court may direct person to attend and give evidence
22DN. Determination of application
22DO. Determination of application—how period to be extended
22DP. Determination of application—attachment of new support and engagement plan
22DQ. Copy of extended order to be given
22DR. Application for revocation of support and engagement order
22DS. Form and content of application
22DT. Service of application
22DU. Court may direct person to attend and give evidence
22DV. Determination of application
22DW. Notice of revocation to be given
22DX. Application of Magistrates' Court Act 1989 and Children, Youth and Families Act 2005
22DY. Service of documents
22DZ. Additional notice to be served regarding children
22E. Proof of service
22EA. Inability to serve
22EB. Restriction on publication of proceeding
22EC. Restriction does not affect information sharing
22ED. Identifying particulars
22EE. Court may permit publication
22EF. Adjournment to seek legal advice
22EG. Respondent or supported person must be represented in Children's Court
Division 6--Information sharing
22EH. Objects of Division
22EHA. Definitions
22EI. Information about a person
22EJ. Authorised disclosers and access to information
22EK. When is the disclosure of information prohibited?
22EL. Information need not be disclosed or requested in writing
22EM. Relevant persons and authorised purposes
22EN. Authorised discloser may require information from another authorised discloser
22EO. Authorised discloser may disclose without request
22EP. Authorised discloser may disclose other than for an authorised purpose
22EQ. Member of CVE MAP may require information from providers of previous services and programs
22ER. Victoria Police member of the CVE MAP may disclose information about supported person receiving police services
22ERA. CVE MAP member may appoint central contact
22ERB. CVE MAP member may arrange for central contact to disclose information
22ERC. Disclosure may be made to central contact instead of CVE MAP member
22ERD. Central contact must not make certain requests or disclosures
22ES. Offence to disclose information
22ET. Authority to collect information
22EU. Division does not affect collection or use of information permitted by various laws
22EV. Protected information not admissible in criminal proceedings
Division 7--Annual report
22EW. Annual report
PART 5--PROTECTION OF COUNTER-TERRORISM INTELLIGENCE
Division 1AA--Preliminary
22EX. References to subject of substantive application or hearing
Division 1--General protection in legal proceedings
23. General protection of counter-terrorism intelligence in legal proceedings
24. Court may inspect documents
Division 2--Protection in applications under this Act
25. Application for counter-terrorism intelligence protection order
26. Public Interest Monitor to be notified of protection application
27. Determining protection application
28. Court may dispense with hearing by consent
29. Admissibility of protected counter‑terrorism intelligence
Division 3--Procedural requirements in protection applications and substantive applications and hearings involving protected counter‑terrorism intelligence
30. Application of Division
31. Protection applications to be heard in closed court unless otherwise ordered
31A. Relevant part of substantive application or hearing to be heard in closed court unless otherwise ordered
31B. Closed court requirements
32. Appointment of special counsel
33. Role of special counsel
34. Adjournment to allow special counsel to communicate with subject
Division 4--Offences
35. Offence to enter closed court
36. Offence to publish report of hearing
37. Disclosure, receipt or solicitation of protected counter-terrorism intelligence
37A. Disclosure, receipt or solicitation of other confidential material
PART 6--ROLE OF VICTORIAN INSPECTORATE
37B. Regular inspections of records of Victoria Police
37C. The Inspector and authorised Victorian Inspectorate officers may perform or exercise inspection functions and powers
37D. Reports to Parliament on inspections by Victorian Inspectorate
PART 6A--ANNUAL REPORTING
37E. Definitions
37F. Annual reports of Chief Commissioner
PART 7--GENERAL
38. Review
38A. Further review
39. Operation of Act
39A. Supreme Court—limitation of jurisdiction
40. Regulations
41. Expiry
PART 8--TRANSITIONAL PROVISIONS
42. Justice Legislation Amendment (Terrorism) Act 2018—authorised police officers
SCHEDULE 1
ENDNOTES
SCHEDULE 2
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