Victorian Current Acts Victorian Current Acts(1) Subject to this Division, an authorised police officer may make a police detention decision in relation to a person who is 14 years old or older if—
(a) the authorised police officer is satisfied that—
(i) there are reasonable grounds to suspect that the person—
(A) will engage in a terrorist act; or
(B) possesses or has under the person's control (whether solely or jointly with any other person) a thing that is connected with the preparation for, or the engagement of a person in, a terrorist act; or
(C) has done an act in preparation for, or planning, a terrorist act; and
(ii) making the decision would substantially assist in preventing a terrorist act occurring; and
(iii) detaining the person is reasonably necessary for the purpose referred to in subparagraph (ii); or
(b) the authorised police officer is satisfied that—
(i) a terrorist act has occurred within the last 28 days; and
(ii) it is necessary to detain the person to preserve evidence of, or relating to, the terrorist act; and
(iii) detaining the person is reasonably necessary for the purpose referred to in subparagraph (ii).
(2) A terrorist act referred to in subsection (1)(a) must be capable of being carried out, and could occur, within the next 14 days.
(3) A police detention decision must not be made on the same basis as a previous police detention decision unless the previous police detention decision ceased to have effect under section 13AF(2)(a).
(4) For the purposes of subsection (3), a police detention decision is made on the same basis as a previous police detention decision if—
(a) in the case of a decision made on the basis of preventing a terrorist act from occurring, that decision and the previous decision relate to the same terrorist act; and
(b) in the case of a decision made on the basis of preserving evidence of, or relating to, a terrorist act, that decision and the previous decision relate to the same terrorist act.
S. 13AD inserted by No. 32/2018 s. 9.