Victorian Current Acts Victorian Current ActsS. 6(1) amended by No. 37/2014 s. 10(Sch. item 167.3).
(1) A police officer, with the approval of the Chief Commissioner, a Deputy Commissioner or an Assistant Commissioner, may apply to the Supreme Court for the issue of a warrant under this Part in respect of any premises if the police officer suspects or believes, on reasonable grounds, that—
S. 6(1)(a) substituted by No. 5/2006 s. 8(1).
(a) any of the following applies—
(i) a terrorist act has been, is being, or is likely to be, committed;
(ii) a person who resides at, or visits, those premises—
(A) has done an act in preparation for, or planning, a terrorist act; or
(B) has provided to, or received from, a terrorist organisation (within the meaning of Division 102 of the Criminal Code of the Commonwealth) training connected with preparation for, or planning, or engaging in or assisting, a terrorist act;
(iii) there has been, or is, activity on those premises connected with preparation for, or planning, or engaging in or assisting, a terrorist act; and
S. 6(1)(b) amended by No. 5/2006 s. 8(2)(a)(b).
(b) the entry and search of the premises would substantially assist in preventing (including by gaining knowledge of an act being done in preparation for, or planning, a terrorist act or connected with the engagement of a person in, or assistance in, a terrorist act) or responding to a terrorist act or suspected terrorist act; and
(c) it is necessary for that entry and search to be conducted without the knowledge of any occupier of those premises.
S. 6(1A) inserted by No. 5/2006 s. 8(3).
(1A) An application for a warrant under this Part may be made even if the suspicion or belief does not relate to a specific terrorist act.
(2) An application for a warrant is to be heard in closed court.