Victorian Current Acts

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TERRORISM (COMMUNITY PROTECTION) ACT 2003 - SECT 13AE

Recording of police detention decision

    (1)     An authorised police officer who makes a police detention decision must make, or cause to be made, a written record of the decision.

    (2)     The record must set out—

        (a)     the facts and other grounds which the authorised police officer considered in making the police detention decision; and

        (b)     the information (if any) that the authorised police officer has about the person's age and capacity to manage their affairs; and

        (c)     the outcomes and particulars of any previous police detention decisions in relation to the person; and

        (d)     the outcomes and particulars of any previous applications for preventative detention orders in relation to the person; and

        (e)     the information (if any) that the authorised police officer has about the following—

              (i)     the outcomes and particulars of all previous requests for Commonwealth control orders (including the outcomes of the hearings to confirm the orders) in relation to the person;

              (ii)     the outcomes and particulars of all previous applications for variations of Commonwealth control orders made in relation to the person;

              (iii)     the outcomes of all previous applications for revocations of Commonwealth control orders made in relation to the person; and

        (f)     if the police detention decision relates to a child, whether the child is to be detained under this Part in a youth justice facility; and

Note

See also section 13AD.

        (g)     the information (if any) that the authorised police officer has about any periods for which the person has been detained under an order made under a corresponding preventative detention law; and

        (h)     a summary of the grounds on which the police detention decision was made.

    (3)     To avoid doubt, subsection (2)(h) does not require counter-terrorism intelligence to be included in the summary.

    (4)     The information in the record must be sworn or affirmed by the authorised police officer.

S. 13AF inserted by No. 32/2018 s. 9.



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