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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

   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  
   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

   13AA.   Object of Part  
   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  
   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  
   13AW.   Effect of police detention decision to be explained to person detained  
   13AX.   Compliance with obligations to inform  
   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  
   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  
   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  
   13AZZC. References to appropriate person in this Division  
   13AZZD. Taking identification material  
   13AZZE. Use of identification material  
   13AZZF. Destruction of identification material  
   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  
   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  
   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  
   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

   13A.    Object of Part  
   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  
   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  
   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  
   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  
   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  
   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  
   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

   21A.    Definitions  
   21AB.   Deputy Commissioners may exercise powers of Chief Commissioner  
   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  
   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 5--PROTECTION OF COUNTER-TERRORISM INTELLIGENCE

   23.     General protection of counter-terrorism intelligence in legal proceedings  
   24.     Court may inspect documents  
   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  
   30.     Application of Division  
   31.     Applications to be heard in closed court unless otherwise ordered  
   32.     Appointment of special counsel  
   33.     Role of special counsel  
   34.     Adjournment to allow special counsel to communicate with subject  
   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 investigations by Victorian Inspectorate  

   PART 6A--ANNUAL REPORTING

   37E.    Definitions  
   37F.    Annual reports of Chief Commissioner  

   PART 7--GENERAL

   38.     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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