Victorian Current Acts Victorian Current ActsS. 21D(1) amended by No. 32/2018 s. 46(1).
(1) An interim authorisation for the exercise of the special powers conferred by this Part may be given by the Chief Commissioner in accordance with this Division if—
S. 21D(1)(a) amended by No. 32/2018 ss 44, 46(2).
(a) the Chief Commissioner is satisfied on reasonable grounds that a terrorist act is occurring or is capable of being carried out, and could occur, within the next 14 days; and
S. 21D(1)(b) amended by No. 32/2018 s. 46(3)(a).
(b) the Chief Commissioner is satisfied that the exercise of those powers will substantially assist in—
(i) preventing the terrorist act; or
S. 21D(1)(b)(ii) amended by No. 32/2018 s. 46(3)(b).
(ii) reducing the impact of the terrorist act, or of the threat of a terrorist act, on the health or safety of the public or on property; and
S. 21D(1)(c) inserted by No. 32/2018 s. 46(4).
(c) subject to subsection (1A), the Premier has approved in writing the giving of the authorisation.
Note
The Premier may delegate the power of approval to a Minister—see section 21IB.
S. 21D(1A) inserted by No. 32/2018 s. 46(5).
(1A) An interim authorisation may be given by the Chief Commissioner without the written approval of the Premier if—
(a) the Premier is not reasonably able to be contacted at the time it is given and the Premier has not delegated the power to approve an interim authorisation under section 21IB; or
(b) the Premier has delegated that power and—
(i) the Minister to whom the power is delegated is not reasonably able to be contacted at the time it is given; and
(ii) the Premier is also not reasonably able to be contacted at the time it is given.
S. 21D(2) amended by No. 32/2018 s. 46(6).
(2) As soon as practicable after the giving of an interim authorisation, the Chief Commissioner must, if he or she considers that an authorisation should have effect for a period in excess of 48 hours, make an application to the Supreme Court for an authorisation under this section.
(3) Without an interim authorisation having been given, the Chief Commissioner may make an application to the Supreme Court for an authorisation under this section.
(4) An application under subsection (2) or (3) must—
(a) be made in writing; and
S. 21D(4)(b) amended by No. 32/2018 s. 44.
(b) set out the facts and other grounds on which the Chief Commissioner considers that a terrorist act is occurring or is capable of being carried out, and could occur, within the next 14 days; and
(c) explain how the exercise of the special powers conferred by this Part will substantially assist in—
(i) preventing the terrorist act; or
(ii) reducing the impact of the terrorist act, or of the threat of a terrorist act, on the health or safety of the public or on property.
S. 21D(5) amended by No. 6/2018 s. 68(Sch. 2 item 124.4).
(5) The information in an application under subsection (2) or (3) must be sworn or affirmed by the Chief Commissioner.
Note to s. 21D(5) repealed by No. 6/2018 s. 68(Sch. 2 item 124.5).
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(6) The Supreme Court may require the Chief Commissioner to provide any additional information that the Court requires in relation to the application.
(7) On an application under subsection (2) or (3) the Supreme Court may, by order—
(a) if satisfied, on reasonable grounds, as mentioned in paragraphs (a) and (b) of subsection (1), give an authorisation for the exercise of the special powers conferred by this Part and revoke any interim authorisation given by the Chief Commissioner that has effect; or
(b) revoke any interim authorisation that has effect if not so satisfied.
(8) The terms of an authorisation given by the Supreme Court may be the same as, or different to, the terms of any interim authorisation given by the Chief Commissioner.
(9) If, on an application under subsection (3) the Supreme Court considers it desirable to do so, it may make an interim order giving an authorisation pending the hearing and final determination of the application.
(10) If the Supreme Court makes an interim order, it must specify a day on which, and time at which, the hearing of the application is to be resumed.
(11) On finally determining an application following the making of an interim order, the Supreme Court may—
(a) confirm the order with or without variation; or
(b) revoke the order if not satisfied as mentioned in subsection (7)(a).
S. 21E inserted by No. 5/2006 s. 5.