Victorian Current Acts Victorian Current Acts(1) In this Act—
S. 3(1) def. of AFP member inserted by No. 32/2018 s. 4(1).
"AFP member" has the same meaning as in Part 5.3 of the Criminal Code of the Commonwealth;
S. 3(1) def. of Assistant Commis-sioner substituted by No. 30/2006 s. 4(1)(a).
"Assistant Commissioner" means an Assistant Commissioner of Police for Victoria;
S. 3(1) def. of authorised police officer inserted by No. 32/2018 s. 4(1).
"authorised police officer" means a police officer appointed by the Chief Commissioner under subsection (2);
S. 3(1) def. of Chief Commis-sioner substituted by No. 30/2006 s. 4(1)(b).
"Chief Commissioner" means the Chief Commissioner of Police for Victoria;
S. 3(1) def. of child inserted by No. 32/2018 s. 4(1).
"child "means a person under 18 years of age;
S. 3(1) def. of Commission for Children and Young People inserted by No. 32/2018 s. 4(1).
"Commission for Children and Young People" means the Commission established by section 6 of the Commission for Children and Young People Act 2012 ;
S. 3(1) def. of Common-wealth control order inserted by No. 32/2018 s. 4(1).
"Commonwealth control order" has the same meaning as control order has in Part 5.3 of the Criminal Code of the Commonwealth;
S. 3(1) def. of correspond-ing preventative detention law inserted by No. 32/2018 s. 4(1), amended by No. 47/2021 s. 20.
"corresponding preventative detention law" means—
(a) Division 105 of the Criminal Code of the Commonwealth; or
(b) a law of another State or of a Territory, or particular provisions of a law of another State or of a Territory, that—
(i) corresponds or correspond to Part 2AA or Part 2A; or
(ii) is or are prescribed;
S. 3(1) def. of counter-terrorism information repealed by No. 32/2018 s. 64(b).
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S. 3(1) def. of counter-terrorism intelligence inserted by No. 32/2018 s. 64(a).
"counter-terrorism intelligence" means any information, document or other thing relating to a terrorist act or suspected terrorist act in Victoria or elsewhere, the disclosure of which could reasonably be expected to—
(a) prejudice a criminal investigation, including by revealing intelligence-gathering methodologies, investigative techniques or technologies, or covert practices; or
(b) enable the discovery of the existence or identity of a confidential source of information relevant to law enforcement; or
(c) endanger a person's life or physical safety; or
(d) threaten significant damage to infrastructure or other property; or
(e) prejudice national security;
S. 3(1) def. of counter-terrorism intelligence protection order inserted by No. 32/2018 s. 64(a), amended by No. 47/2021 s. 5(1).
counter-terrorism intelligence protection order has the meaning given in section 25(1B);
S. 3(1) def. of declared essential service repealed by No. 76/2014 s. 8(2)(a).
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S. 3(1) def. of Deputy Commis-sioner substituted by No. 30/2006 s. 4(1)(c).
"Deputy Commissioner" means a Deputy Commissioner of Police for Victoria;
S. 3(1) def. of essential service substituted by No. 76/2014 s. 8(2)(b).
"essential service" has the same meaning as it has in section 74B of the Emergency Management Act 2013 ;
S. 3(1) def. of family member inserted by No. 32/2018 s. 4(1).
"family member" of a person means—
(a) the person's spouse, de facto spouse or same‑sex partner; or
(b) a parent, step‑parent or grandparent of the person; or
(c) a child, step‑child or grandchild of the person; or
(d) a brother, sister, step‑brother or step‑sister of the person; or
(e) a guardian or carer of the person;
S. 3(1) def. of IBAC inserted by No. 32/2018 s. 4(1).
"IBAC" has the same meaning as in the Independent Broad-based Anti-corruption Commission Act 2011 ;
S. 3(1) def. of IBAC Com-missioner inserted by No. 32/2018 s. 4(1).
"IBAC Commissioner" means the Commissioner within the meaning of the Independent Broad-based Anti-corruption Commission Act 2011 ;
S. 3(1) def. of identification material inserted by No. 32/2018 s. 4(1).
"identification material", in relation to a person, means—
(a) samples taken from a part of the person's body from which a DNA profile may be derived; or
(b) prints of the person's hands, fingers, feet or toes; or
(c) recordings of the person's voice, or
(d) samples of the person's handwriting; or
(e) photographs (including video recordings other than video recordings made in the ordinary course of operation of a security camera fitted at, or in the immediate vicinity of, a place where the person is being detained under Part 2AA or a preventative detention order) of the person;
S. 3(1) def. of interim preventative detention order inserted by No. 32/2018 s. 4(1).
"interim preventative detention order" means an interim preventative detention order made by the Supreme Court under section 13E ;
S. 3(1) def. of lawyer inserted by No. 32/2018 s. 4(1).
"lawyer" means an Australian lawyer;
S. 3(1) def. of legal advice inserted by No. 32/2018 s. 4(1).
"legal advice" has the same meaning as in the Legal Aid Act 1978 ;
S. 3(1) def. of maximum police detention period inserted by No. 32/2018 s. 4(1).
"maximum police detention period" means—
(a) for an adult—a period of 4 days;
(b) for a child—a period of 36 hours;
Note
See also sections 13AH and 13G.
S. 3(1) def. of member of the force repealed by No. 37/2014 s. 10(Sch. item 167.2(b)).
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S. 3(1) def. of member of Victoria Police personnel inserted by No. 32/2018 s. 72.
"member of Victoria Police personnel" has the same meaning as in the Victoria Police Act 2013 ;
S. 3(1) def. of nominated senior police officer inserted by No. 32/2018 s. 4(1).
"nominated senior police officer" means a police officer appointed under section 13AZZJ;
S. 3(1) def. of operator repealed by No. 76/2014 s. 8(2)(a).
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S. 3(1) def. of periodic review inserted by No. 32/2018 s. 4(1).
"periodic review" means a review under section 13AZZN;
S. 3(1) def. of police detention decision inserted by No. 32/2018 s. 4(1).
"police detention decision"—see section 13AC;
S. 3(1) def. of police gaol inserted by No. 32/2018 s. 4(1).
"police gaol" has the same meaning as in the Corrections Act 1986 ;
S. 3(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 167.2(a)).
"police officer" has the same meaning as in the Victoria Police Act 2013 ;
"premises" includes—
(a) land; and
(b) a building or vehicle; and
(c) a part of a building or vehicle; and
(d) any place, whether built on or not;
S. 3(1) def. of prescribed authority inserted by No. 32/2018 s. 4(1).
"prescribed authority" has the same meaning as in Division 3 of Part III
of the Australian Security Intelligence Organisation Act 1979 of the
Commonwealth;
S. 3(1) def. of preventative detention order inserted by No. 32/2018 s. 4(1).
"preventative detention order" means an order made under section 13E, as varied under section 13N or 13O, and includes an interim preventative detention order;
S. 3(1) def. of prison inserted by No. 32/2018 s. 4(1).
"prison" has the same meaning as in the Corrections Act 1986 ;
S. 3(1) def. of prohibited contact order inserted by No. 32/2018 s. 4(1).
"prohibited contact order" means an order made under section 13L or 13M, as varied under section 13N or 13O;
S. 3(1) def. of protected counter-terrorism intelligence inserted by No. 32/2018 s. 64(a).
"protected counter-terrorism intelligence" means counter-terrorism intelligence that is the subject of a counter-terrorism intelligence protection order;
S. 3(1) def. of protection application inserted by No. 32/2018 s. 64(a).
"protection application" means an application under section 25 for a counter-terrorism intelligence protection order;
S. 3(1) def. of protective services officer inserted by No. 32/2018 s. 45.
"protective services officer" has the same meaning as in the Victoria Police Act 2013 ;
S. 3(1) def. of Public Interest Monitor inserted by No. 32/2018 s. 4(1).
"Public Interest Monitor "means—
(a) the Principal Public Interest Monitor appointed under section 6 of the Public Interest Monitor Act 2011 ; or
(b) a Deputy Public Interest Monitor appointed under section 7 of the Public Interest Monitor Act 2011 ;
S. 3(1) def. of questioning limitation condition inserted by No. 32/2018 s. 4(1).
"questioning limitation condition"—see section 13E(2A)(b) ;
S. 3(1) def. of questioning prohibition condition inserted by No. 32/2018 s. 4(1).
"questioning prohibition condition"—see section 13E(2A)(a) ;
S. 3(1) def. of Secretary inserted by No. 47/2021 s. 5(3).
"Secretary" means the Secretary to the Department of Justice and Community Safety;
S. 3(1) def. of seizable item inserted by No. 32/2018 s. 4(1).
"seizable item" means anything that—
(a) would present a danger to a person; or
(b) could be used to assist a person to escape from lawful custody; or
(c) could be used to contact another person or to operate a device remotely;
S. 3(1) def. of SEO review hearing inserted by No. 47/2021 s. 5(3).
"SEO review hearing" means a review hearing that the Magistrates' Court or the Children's Court has directed, under section 22CW(1), is to be held;
S. 3(1) def. of substantive application inserted by No. 32/2018 s. 64(a), amended by No. 47/2021 s. 5(2).
"substantive application" means an application for—
(a) a preventative detention order; or
(b) an extension of a preventative detention order; or
(c) a revocation or variation of a preventative detention order; or
(d) a prohibited contact order; or
(e) a revocation or variation of a prohibited contact order; or
(f) a support and engagement order; or
(g) the variation, extension or revocation of a support and engagement order;
S. 3(1) def. of substantive application or hearing inserted by No. 47/2021 s. 5(3).
"substantive application or hearing" means—
(a) a substantive application; or
(b) an SEO review hearing;
S. 3(1) def. of support and engagement order inserted by No. 47/2021 s. 5(3).
"support and engagement order" has the same meaning as it has in Part 4A;
terrorist act has the meaning given by section 4;
S. 3(1) def. of thing amended by No. 70/2015 s. 4(1).
"thing" includes any object, article or material;.
S. 3(1) def. of remote entry inserted by No. 70/2015 s. 4(2).
"remote entry", in relation to a covert search warrant under Part 2, means accessing electronic equipment on premises named or described in the warrant from a location other than those premises;
S. 3(1) def. of vehicle inserted by No. 70/2015 s. 4(2).
"vehicle" includes a vessel and an aircraft;
S. 3(1) def. of Victoria Legal Aid inserted by No. 32/2018 s. 4(1).
"Victoria Legal Aid "means Victoria Legal Aid established under section 3 of the Legal Aid Act 1978 ;
S. 3(1) def. of Victoria Police inserted by No. 70/2015 s. 4(2), amended by No. 32/2018 s. 4(2).
"Victoria Police" has the same meaning as in the Victoria Police Act 2013 ;
S. 3(1) def. of Victorian Inspectorate inserted by No. 32/2018 s. 4(1).
"Victorian Inspectorate" has the same meaning as in the Victorian Inspectorate Act 2011 ;
S. 3(1) def. of youth justice facility inserted by No. 32/2018 s. 4(1).
"youth justice facility" means a service established under section 478 of the Children, Youth and Families Act 2005 .
S. 3(2) inserted by No. 32/2018 s. 4(3).
(2) The Chief Commissioner may appoint, in writing, police officers, or a class or classes of police officers, to be authorised police officers for the purpose of making—
(a) police detention decisions; and
S. 3(2)(b) amended by No. 47/2021 s. 5(4)(a).
(b) applications under sections 13C, 13I and 13M; and
S. 3(2)(c) inserted by No. 47/2021 s. 5(4)(b).
(c) applications under sections 22CK, 22DA, 22DH and 22DR.