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TERRORISM (COMMUNITY PROTECTION) ACT 2003 - SECT 37E

Definitions

In this Part—

"covert search warrant "means a warrant issued under Part 2;

"covert search warrant information" means the following information in respect of a financial year—

        (a)     the number of applications for a covert search warrant during that year;

        (b)     the number of covert search warrants issued during that year;

        (c)     the number of telephone applications under section 10 during that year;

        (d)     the number of applications under Part 2 that were refused during that year;

        (e)     the number of premises covertly entered during that year under a covert search warrant;

        (f)     the number of occasions on which items were seized from premises during that year under a covert search warrant;

        (g)     the number of occasions on which items were placed in premises during that year under a covert search warrant;

        (h)     the number of occasions on which electronic equipment was operated by way of remote entry during that year under a covert search warrant;

"detain and decontaminate" information means the following information in respect of each financial year—

        (a)     the number of authorisations given under Part 3 during that year;

        (b)     the terms of each authorisation mentioned in paragraph (a) and the period during which it had effect;

        (c)     a summary of the grounds that were relied on for the giving of an authorisation mentioned in paragraph (a);

        (d)     a general description of the powers exercised under an authorisation mentioned in paragraph (a) and the manner in which they were exercised;

        (e)     the result of the exercise of the powers mentioned in paragraph (d);

"police detention decision information" means the following information in respect of a financial year—

        (a)     the number of police detention decisions made during that year;

        (b)     the period of detention of each person detained under Part 2AA;

        (c)     whether a person mentioned in paragraph (b) was during that year—

              (i)     released at the end of the maximum police detention period; or

              (ii)     taken into custody for the purposes of Subdivision (30A) of Division 1 of Part III of the Crimes Act 1958 ; or

              (iii)     arrested under Division 4 of Part IAA, or Part IC, of the Crimes Act 1914 of the Commonwealth; or

              (iv)     a protected suspect (within the meaning of Part IC of the  Crimes Act 1914 of the Commonwealth); or

              (v)     detained under a preventative detention order before the end of the maximum police detention period;

        (d)     the number of persons in relation to whom a police detention decision was made who were charged with an offence against Part 5.3 of the Criminal Code of the Commonwealth during that year;

        (e)     particulars of—

              (i)     any complaints made or referred to the Ombudsman during that year under the Ombudsman Act 1973 ; and

              (ii)     any complaints made during that year to the IBAC under section 52 of the Independent Broad-based Anti-corruption Commission Act 2011 or referred during the year to the IBAC under Part 9 of the Victoria Police Act 2013 ; and

              (iii)     any investigations during that year by the IBAC under Part 3 of the Independent Broad-based Anti‑corruption Commission Act 2011

in relation to the detention of a person under a police detention decision;

"preventative detention order information" means the following information in respect of a financial year—

        (a)     the number of applications for preventative detention orders that year;

        (b)     the number of preventative detention orders made during that year;

        (c)     whether a person was detained under each of those orders and, if so, how long the person was detained;

        (d)     the number of prohibited contact order applications during that year;

        (e)     the number of prohibited contact orders made during that year;

        (f)     the number of persons in relation to whom a preventative detention order was made who were charged with an offence against Part 5.3 of the Criminal Code of the Commonwealth during that year;

        (g)     particulars of—

              (i)     any complaints made or referred to the Ombudsman during that year under the Ombudsman Act 1973 ; and

              (ii)     any complaints made to the IBAC during that year under section 52 of the Independent Broad-based Anti-corruption Commission Act 2011 or referred during the year to the IBAC under Part 9 of the Victoria Police Act 2013 ; and

              (iii)     any investigations during that year by the IBAC under Part 3 of the Independent Broad-based Anti‑corruption Commission Act 2011

in relation to the detention of a person under a preventative detention order;

"special police powers information" means the following information in respect of a financial year—

        (a)     the number of authorisations given under Part 3A during that year;

        (b)     the terms of each authorisation mentioned in paragraph (a) and the period during which it had effect;

        (c)     whether an authorisation mentioned in paragraph (a) was given without the written approval of the Premier or, if the Premier had delegated the power to approve an interim authorisation, the Minister to whom the power was delegated, in accordance with section 21D(1A) or 21E(1A);

        (d)     a summary of the grounds that were relied on for the giving of an authorisation mentioned in paragraph (a);

        (e)     a general description of the powers exercised under an authorisation mentioned in paragraph (a) and the manner in which they were exercised;

        (f)     a record of which of these powers mentioned in paragraph (e) were exercised by police officers;

        (g)     a record of which of these powers mentioned in paragraph (e) were exercised by protective services officers;

        (h)     the result of the exercise of these powers mentioned in paragraph (e).

S. 37F inserted by No. 32/2018 s. 78.



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