{"id":"terrorism-community-protection-act-2003","name":"Terrorism (Community Protection) Act 2003","slug":"terrorism-community-protection-act-2003","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":177816,"registerId":"vic-terrorism-community-protection-act-2003-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Div 1","sectionType":"division","heading":"Preliminary 37","content":"Division 1—Preliminary 37\n\n13AA Object of Part 37\n\n","sortOrder":0},{"sectionNumber":"Div 2","sectionType":"division","heading":"Police detention decisions 37","content":"Division 2—Police detention decisions 37\n\n13AB What is a police detention decision? 37\n\n13AC Authorised police officer may make police detention decision 38\n\n13AD Nature of police detention decisions in relation to children—detention in youth justice facilities 39\n\n13AE Recording of police detention decision 40\n\n13AF When a police detention decision starts and ceases to have effect 42\n\n13AG Detained persons under 14 years to be released without delay 42\n\n","sortOrder":1},{"sectionNumber":"Div 3","sectionType":"division","heading":"Carrying out police detention decisions 43","content":"Division 3—Carrying out police detention decisions 43\n\n13AH Power to detain person under authority of police detention decision 43\n\n13AI Person must be informed of detention when taken into custody 43\n\n13AJ Endorsement of record with date and time person taken into custody or detained 44\n\n13AK Summary explaining police detention decision to be given to detained person 44\n\n13AL Summary explaining police detention decision to be given to detained person's lawyer 45\n\n13AM Compliance with section 13AK or 13AL not required if impractical because of actions of detained person 45\n\n13AN Lawfulness of person's detention not affected by non-compliance with section 13AK or 13AL 45\n\n13AO Requirement to provide name etc. 46\n\n13AP Power to enter premises for purpose of searching for, or taking into custody, a person 47\n\n13AQ Power to conduct search of a person taken into custody under this Part 48\n\n13AR Detention of children in a youth justice facility 49\n\n13AS Application of Children, Youth and Families Act 2005 to children detained under this Part in a youth justice facility 51\n\n13AT Transfer of detained child into legal custody of Chief Commissioner for questioning 52\n\n13AU Return of child to youth justice facility at end of questioning 53\n\n13AV Effect on period of detention of transfers of custody of children for questioning purposes 53\n\n","sortOrder":2},{"sectionNumber":"Div 4","sectionType":"division","heading":"Informing person detained about police detention decision 54","content":"Division 4—Informing person detained about police detention decision 54\n\n13AW Effect of police detention decision to be explained to person detained 54\n\n13AX Compliance with obligations to inform 56\n\n","sortOrder":3},{"sectionNumber":"Div 5","sectionType":"division","heading":"Treatment of person detained 57","content":"Division 5—Treatment of person detained 57\n\n13AY Humane treatment of person being detained 57\n\n13AZ Detention of children 57\n\n13AZA Restrictions on contact with other people 58\n\n13AZB Special assistance for person with inadequate knowledge of English language or disability 59\n\n","sortOrder":4},{"sectionNumber":"Div 6","sectionType":"division","heading":"Questioning 60","content":"Division 6—Questioning 60\n\n","sortOrder":5},{"sectionNumber":"Subdiv 1","sectionType":"subdivision","heading":"Authority to question 60","content":"Subdivision 1—Authority to question 60\n\n13AZC Questioning during detention 60\n\n13AZD Questioning to be deferred to allow for interpreter 62\n\n13AZE Questioning to be deferred to enable communication with lawyer or consular office 62\n\n13AZF Role of lawyers during questioning 62\n\n13AZG Questioning of children 63\n\n13AZH Communication with lawyers, consular officials, parents, guardians or independent person may be restricted 64\n\n","sortOrder":6},{"sectionNumber":"Subdiv 2","sectionType":"subdivision","heading":"Recording of questioning 65","content":"Subdivision 2—Recording of questioning 65\n\n13AZI Definitions 65\n\n13AZJ Digital recordings 68\n\n13AZK Recording of questioning 68\n\n13AZL Person questioned to be given copy of recordings 69\n\n13AZM Evidence of representations 70\n\n13AZN Offences in relation to recordings 70\n\n13AZO Court may give directions in relation to a recording 73\n\n13AZP Retention of copy of recording 73\n\n","sortOrder":7},{"sectionNumber":"Div 7","sectionType":"division","heading":"Contact with other people 75","content":"Division 7—Contact with other people 75\n\n13AZQ Contacting family members etc. 75\n\n13AZR Contacting the Ombudsman or the IBAC 77\n\n13AZS Contacting the Commission for Children and Young People 77\n\n13AZT Contact with consular office 77\n\n13AZU Contact with special counsel 77\n\n13AZV Contacting lawyer 78\n\n13AZW Police assistance in choosing a lawyer in certain cases 79\n\n13AZX Monitoring contact under section 13AZQ with family members etc. 81\n\n13AZY Monitoring contact under section 13AZV with lawyers 82\n\n13AZZ Special contact rules for person who is a child or incapable of managing own affairs 83\n\n13AZZA Nominated senior police officer must inform parent or guardian not to disclose certain information 86\n\n13AZZB Contact prohibited in certain cases 87\n\n","sortOrder":8},{"sectionNumber":"Div 8","sectionType":"division","heading":"Taking and using identification material 88","content":"Division 8—Taking and using identification material 88\n\n13AZZC References to appropriate person in this Division 88\n\n13AZZD Taking identification material 88\n\n13AZZE Use of identification material 91\n\n13AZZF Destruction of identification material 91\n\n","sortOrder":9},{"sectionNumber":"Div 9","sectionType":"division","heading":"End of and release from detention 92","content":"Division 9—End of and release from detention 92\n\n13AZZG When does detention under this Part end? 92\n\n13AZZH Process for release of person from detention by police officer 93\n\n13AZZI Warrant under section 34BA or 34BB of the Australian Security Intelligence Organisation Act 1979 of the Commonwealth 94\n\n","sortOrder":10},{"sectionNumber":"Div 10","sectionType":"division","heading":"Oversight by nominated senior police officers 95","content":"Division 10—Oversight by nominated senior police officers 95\n\n13AZZJ Nominated senior police officers 95\n\n13AZZK Role of nominated senior police officer 95\n\n13AZZL Representations to a nominated senior police officer 96\n\n13AZZM Integrity and children oversight bodies to be notified of police detention decision and person being taken into custody 97\n\n13AZZN Periodic review of detention under this Part 97\n\n","sortOrder":11},{"sectionNumber":"Div 11","sectionType":"division","heading":"Restrictions on disclosure of information relating to detention 100","content":"Division 11—Restrictions on disclosure of information relating to detention 100\n\n13AZZO Definitions 100\n\n13AZZP Detainees prohibited from disclosing certain information 100\n\n13AZZQ Lawyers prohibited from disclosing certain information 101\n\n13AZZR Parents or guardians prohibited from disclosing certain information 103\n\n13AZZS Parent or guardian of detainee prohibited from disclosing certain information to another parent or guardian 105\n\n13AZZT Nominated senior police officer may inform parent or guardian they cannot contact other parent or guardian in certain cases 106\n\n13AZZU Interpreters prohibited from disclosing certain information 106\n\n13AZZV Disclosure recipient prohibited from disclosing certain information they receive 107\n\n13AZZW Monitors of contact between detainee and lawyer prohibited from disclosing certain information 108\n\n","sortOrder":12},{"sectionNumber":"Div 12","sectionType":"division","heading":"Miscellaneous 109","content":"Division 12—Miscellaneous 109\n\n13AZZX Offences of contravening safeguards 109\n\n13AZZY Police detaining person under a police detention decision 109\n\n13AZZZ Ombudsman etc. functions and powers not affected 110\n\n13AZZZA Law relating to legal professional privilege and client legal privilege not affected 110\n\n13AZZZB Report to Integrity Oversight Victoria 110\n\n13AZZZC Person's detention does not prevent provision of medical, dental, psychiatric, physiological or pharmaceutical services 111\n\nPart 2A—Preventative detention orders 112\n\nDivision 1—Preliminary 112\n\n13A Object of Part 112\n\nDivision 2—Preventative detention orders 113\n\n13C Application for preventative detention order 113\n\n13D Form and content of application 114\n\n13DA Public Interest Monitor to be notified of application 118\n\n13E Preventative detention orders 119\n\n13F Nature of preventative detention order 124\n\n13G Duration of preventative detention orders 129\n\n13H When order starts and ceases to have effect 130\n\n13I Extension of preventative detention order 131\n\n13J No preventative detention order in relation to person under 14 years of age 134\n\n13JA Special assistance for person with inadequate knowledge of English language or disability 134\n\n","sortOrder":13},{"sectionNumber":"13K","sectionType":"section","heading":"Restrictions on multiple preventative detention orders 135","content":"13K Restrictions on multiple preventative detention orders 135\n\n13KA Basis for applying for, and making, prohibited contact order 137\n\n13L Prohibited contact order (person in relation to whom preventative detention order is being sought) 138\n\n13M Prohibited contact order (person in relation to whom preventative detention order is already in force) 140\n\n13N Application by detainee for revocation or variation of preventative detention order or prohibited contact order 142\n\n13O Application by police for revocation or variation of preventative detention order or prohibited contact order 144\n\nDivision 3—Carrying out preventative detention orders 147\n\n13P Power to detain person under preventative detention order 147\n\n13Q Endorsement of order with date and time person taken into custody or detained 150\n\n13R Requirement to provide name etc. 150\n\n13S Power to enter premises 152\n\n13T Power to conduct search 153\n\n13U Warrant under section 34BA or 34BB of the Australian Security Intelligence Organisation Act 1979 of the Commonwealth 153\n\n13V Release of person from preventative detention 154\n\n13W Arrangement for detainee to be held in prison 157\n\n13WA Arrangement for detainee to be held in youth justice facility 162\n\n13WB Transfer of detained person into legal custody of Chief Commissioner for questioning 166\n\n13WC Return of person to place of detention at end of questioning 167\n\n13WD Effect on period of detention of transfers of custody of persons for questioning purposes 168\n\nDivision 4—Informing person detained about preventative detention order 168\n\n13X Effect of preventative detention order to be explained to person detained 168\n\n13Y Person being detained to be informed of extension of preventative detention order 172\n\n13Z Compliance with obligations to inform 172\n\n13ZA Copy of preventative detention order 173\n\nDivision 5—Treatment of person detained 176\n\n13ZB Humane treatment of person being detained 176\n\n13ZBA Detention of persons under 18 176\n\n13ZC Restriction on contact with other people 177\n\n13ZD Contacting family members etc. 179\n\n13ZE Contacting Ombudsman etc. 182\n\n13ZF Contacting lawyer 182\n\n13ZFA Contacting the Commission for Children and Young People 185\n\n13ZFB Contact with consular office 186\n\n13ZFC Contact with special counsel 186\n\n13ZG Monitoring contact under section 13ZD or 13ZF 186\n\n13ZH Special contact rules for person under 18 or incapable of managing own affairs 188\n\n13ZI Entitlement to contact subject to prohibited contact order 191\n\n13ZJ Disclosure offences 191\n\n13ZK Questioning of person prohibited while person is detained if Court orders 200\n\n13ZL Taking identification material 202\n\n13ZM Use of identification material 205\n\n13ZN Offences of contravening safeguards 206\n\n","sortOrder":14},{"sectionNumber":"Div 5A","sectionType":"division","heading":"Questioning 207","content":"Division 5A—Questioning 207\n\nSubdivision 1—Preliminary 207\n\n13ZNA Application 207\n\nSubdivision 2—Authority to question 207\n\n13ZNB Questioning during detention 207\n\n13ZNC Questioning to be deferred to allow for interpreter 209\n\n13ZND Questioning to be deferred to enable communication with lawyer or consular office 209\n\n13ZNE Role of lawyers during questioning 210\n\n13ZNF Questioning of children 210\n\n13ZNG Communication with lawyers, consular officials, parents, guardians or independent person may be restricted 211\n\n","sortOrder":15},{"sectionNumber":"Subdiv 3","sectionType":"subdivision","heading":"Recording of questioning 213","content":"Subdivision 3—Recording of questioning 213\n\n13ZNH Definitions 213\n\n13ZNI Digital recordings 215\n\n13ZNJ Recording of questioning 215\n\n13ZNK Person questioned to be given copy of recordings 216\n\n13ZNL Evidence of representations 217\n\n13ZNM Offences in relation to recordings 218\n\n13ZNN Court may give directions in relation to a recording 220\n\n13ZNO Retention of copy of recording 221\n\nDivision 6—Miscellaneous 222\n\n13ZO Standard of proof 222\n\n13ZP Nature of proceedings 222\n\n13ZQ Police detaining person under a preventative detention order 223\n\n13ZS Ombudsman etc. functions and powers not affected 224\n\n13ZT Law relating to legal professional privilege and client legal privilege not affected 224\n\nPart 3—Police powers to detain and decontaminate 225\n\n14 Interpretation 225\n\n15 Definitions 225\n\n16 Authorisation 226\n\n17 How may an authorisation be given? 226\n\n18 What is authorised? 227\n\n18A Requests for communication and medical treatment by persons detained 229\n\n19 When does an authorisation lapse? 230\n\n20 Extended authorisation 230\n\n21 Use of reasonable and necessary force 231\n\nPart 3A—Special police powers 232\n\nDivision 1—Preliminary 232\n\n21A Definitions 232\n\n21AB Deputy Commissioners may exercise powers of Chief Commissioner 233\n\nDivision 2—Authorisation to exercise special powers 233\n\n21B Authorisation of special powers to protect persons attending events from a terrorist act 233\n\n21C Extension of authorisation under section 21B 237\n\n21D Authorisation of special powers to prevent, or reduce the impact of, a terrorist act 238\n\n21E Authorisation of special powers relating to the investigation of, or recovery from, a terrorist act 241\n\n21F Authorisation of special powers to protect essential services from a terrorist act 244\n\n21G Persons, vehicles or areas targeted by authorisation 246\n\n21H How authorisation may be given 246\n\n21I Duration of authorisation 247\n\n21IA Variation of interim authorisation 249\n\n21IB Premier may delegate power to approve interim authorisation 249\n\n21J Interim authorisations not open to challenge 249\n\n21K Exercise of special powers by police officers and protective services officers 250\n\n21L Power to give directions to public entities 251\n\nDivision 3—Powers 252\n\n21N Purposes for which special powers may be exercised 252\n\n21O Power to obtain disclosure of identity 252\n\n21P Power to search persons 253\n\n21Q Power to search vehicles 255\n\n21R Power to move vehicles 256\n\n21S Power to enter and search premises 257\n\n21SA Powers in respect of premises within area that is the target of an authorisation 258\n\n21SB Powers in respect of things within area that is the target of an authorisation 259\n\n21SC Compensation for loss or damage 260\n\n21T Cordon around target area 261\n\n21U Power to seize and detain things 261\n\n21V Use of force generally 263\n\n21W Offence to obstruct or hinder search or other powers 263\n\n21X Supplying police officer's or protective services officer's details and other information 264\n\nPart 4—Mandatory reporting about prescribed chemicals and other substances 265\n\n22 Reporting about prescribed chemical or other substance 265\n\nPart 4A—Countering violent extremism 267\n\nDivision 1—Preliminary 267\n\n22A Objectives of Part 267\n\n22AB Definitions 267\n\n22AC Meaning of *extremist material* 270\n\n22AD Meaning of *participant* 271\n\n22AE Meaning of *program provider* 271\n\n22AF Meaning of *prospective participant* 272\n\n22AG Meaning of *radicalising towards violent extremism* 273\n\n22AGA Meaning of *vulnerable to violent extremism* 275\n\n22AH Who is a *respondent* to an application? 276\n\n22AI What is a *support and engagement order*? 276\n\n22AJ What is a *support and engagement plan*? 276\n\n22AK When is a thing done to achieve a *therapeutic purpose*? 278\n\n22AL Meaning of *underlying cause* of radicalisation towards violent extremism 279\n\n22AM What is a *voluntary case management plan*? 280\n\nDivision 2—Functions of the Secretary 281\n\n22AN Functions of Secretary for voluntary case management plans 281\n\n22AO Secretary may delegate certain functions relating to voluntary case management 282\n\n22AP Functions of Secretary for support and engagement orders 284\n\n22AQ Secretary may delegate certain functions relating to support and engagement orders 285\n\nDivision 3—The Countering Violent Extremism Multi-Agency Panel 285\n\n22AR Establishment of CVE MAP 285\n\n22AS Functions of CVE MAP 285\n\n22AT Secretary may appoint departmental staff to CVE MAP 287\n\n22AU Secretary may appoint nominated persons to CVE MAP 287\n\n22AV Secretary may appoint persons outside public sector to CVE MAP 288\n\n22AW Term of appointment 289\n\n22AX Members are eligible for reappointment 289\n\n22AY Resignation and removal 289\n\n22AYA Acting appointments—departmental staff 290\n\n22AYB Acting appointments—nominated persons 290\n\n22AZ Chairperson and deputy chairperson 291\n\n","sortOrder":16},{"sectionNumber":"22B","sectionType":"section","heading":"CVE MAP may regulate its own procedure 292","content":"22B CVE MAP may regulate its own procedure 292\n\n22BA CVE MAP to act by resolution 292\n\n22BB Meetings of CVE MAP 292\n\n22BC Person who is to preside at meetings of the CVE MAP 293\n\n22BCA Resolutions without meetings 293\n\n22BD Conflicts of interest 294\n\n22BDA CVE MAP member may appoint representative for meeting 295\n\nDivision 4—Voluntary case management 297\n\nSubdivision 1—Preliminary 297\n\n22BE Object of Division 297\n\n22BEA Secretary may request advice from CVE MAP 298\n\nSubdivision 2—Referral to Secretary 298\n\n22BH Referral to Secretary by Chief Commissioner of Police 298\n\n22BJ Secretary to decide whether to accept referral 299\n\nSubdivision 3—Requesting consent for case management 301\n\n22BO Request for consent to case management 301\n\n22BP Endeavours to obtain informed consent 303\n\n","sortOrder":17},{"sectionNumber":"Subdiv 4","sectionType":"subdivision","heading":"Case management 304","content":"Subdivision 4—Case management 304\n\n22BRA Secretary to develop voluntary case management plan in consultation with participant 304\n\n22BRB Commencement and provision of voluntary case management plan 305\n\n22BS Information about critical events 306\n\n22BT Reviews of voluntary case management plans 307\n\n","sortOrder":18},{"sectionNumber":"Subdiv 5","sectionType":"subdivision","heading":"Variation of plan during case management 308","content":"Subdivision 5—Variation of plan during case management 308\n\n22BV Secretary may vary voluntary case management plan in consultation with participant 308\n\n22BW Commencement and provision of varied voluntary case management plan 309\n\n","sortOrder":19},{"sectionNumber":"Subdiv 6","sectionType":"subdivision","heading":"Withdrawal of consent 310","content":"Subdivision 6—Withdrawal of consent 310\n\n22BX Informed consent may be withdrawn 310\n\n22BY Program provider who receives withdrawal of consent must notify specified departmental staff member 311\n\n","sortOrder":20},{"sectionNumber":"Subdiv 7","sectionType":"subdivision","heading":"Revocation of voluntary case management plan by Secretary 311","content":"Subdivision 7—Revocation of voluntary case management plan by Secretary 311\n\n22CA Secretary may revoke voluntary case management plan 311\n\n","sortOrder":21},{"sectionNumber":"Subdiv 8","sectionType":"subdivision","heading":"Expiry of voluntary case management plan 312","content":"Subdivision 8—Expiry of voluntary case management plan 312\n\n22CC Expiry of voluntary case management plan at end of plan 312\n\n","sortOrder":22},{"sectionNumber":"Subdiv 9","sectionType":"subdivision","heading":"Review 313","content":"Subdivision 9—Review 313\n\n22CE Secretary may review operation of Division 313\n\n22CF Independent review after first 3 years 313\n\nDivision 5—Support and engagement orders 314\n\nSubdivision 1—Preliminary 314\n\n22CG Object of Division 314\n\n22CH Court proceedings involving children 314\n\n22CI Court is to make a finding of radicalisation on the basis of the person's behaviour 315\n\n22CJ Standard of proof 316\n\nSubdivision 2—Application for support and engagement order 316\n\n22CK Application for support and engagement order 316\n\n22CL Form and content of application 317\n\n22CM Service of application 318\n\n22CN Secretary to file report and proposed support and engagement plan 318\n\nSubdivision 3—Determination of application for support and engagement order 319\n\n22CO Determination of application 319\n\n22CP Court may direct person to attend and give evidence 321\n\n22CQ How support and engagement order is to be made 322\n\n22CR Court may attach further conditions on support and engagement order 323\n\n22CS Duration of support and engagement order 324\n\n22CT Copy of support and engagement order to be given 324\n\nSubdivision 4—Compliance with support and engagement order 325\n\n22CU Supported person must comply with support and engagement order made by Magistrates' Court 325\n\n22CV Secretary must report on progress under support and engagement order 325\n\n22CW Court may hold review hearing on receiving report 326\n\n22CX Court must review conditions at review hearing 327\n\n22CY Court may vary, extend or revoke support and engagement order at review hearing 327\n\n22CZ Copy of varied or extended order or plan to be given 330\n\n","sortOrder":23},{"sectionNumber":"22D","sectionType":"section","heading":"Commencement of variation 330","content":"22D Commencement of variation 330\n\nSubdivision 5—Variation of support and engagement order 330\n\n22DA Application for variation of support and engagement order 330\n\n22DB Form and content of application 331\n\n22DC Service of application 331\n\n22DD Court may direct person to attend and give evidence 332\n\n22DE Determination of application 332\n\n22DF Copy of varied order or plan to be given 334\n\n22DG Commencement of variation 334\n\nSubdivision 6—Extension of support and engagement order 334\n\n22DH Application for extension of support and engagement order 334\n\n22DI Form and content of application 335\n\n22DJ Service of application on supported person 335\n\n22DK Order continues until application is determined 335\n\n22DL Secretary to file report and revised support and engagement plan 336\n\n22DM Court may direct person to attend and give evidence 338\n\n22DN Determination of application 338\n\n22DO Determination of application—how period to be extended 339\n\n22DP Determination of application—attachment of new support and engagement plan 340\n\n22DQ Copy of extended order to be given 340\n\nSubdivision 7—Revocation of support and engagement order 341\n\n22DR Application for revocation of support and engagement order 341\n\n22DS Form and content of application 341\n\n22DT Service of application 341\n\n22DU Court may direct person to attend and give evidence 342\n\n22DV Determination of application 343\n\n22DW Notice of revocation to be given 344\n\nSubdivision 8—Appeals 344\n\n22DX Application of Magistrates' Court Act 1989 and Children, Youth and Families Act 2005 344\n\nSubdivision 9—Service 345\n\n22DY Service of documents 345\n\n22DZ Additional notice to be served regarding children 347\n\n","sortOrder":24},{"sectionNumber":"22E","sectionType":"section","heading":"Proof of service 348","content":"22E Proof of service 348\n\n22EA Inability to serve 349\n\n","sortOrder":25},{"sectionNumber":"Subdiv 10","sectionType":"subdivision","heading":"Restrictions on publication of proceedings 349","content":"Subdivision 10—Restrictions on publication of proceedings 349\n\n22EB Restriction on publication of proceeding 349\n\n22EC Restriction does not affect information sharing 350\n\n22ED Identifying particulars 351\n\n22EE Court may permit publication 352\n\n","sortOrder":26},{"sectionNumber":"Subdiv 11","sectionType":"subdivision","heading":"Legal advice and representation 352","content":"Subdivision 11—Legal advice and representation 352\n\n22EF Adjournment to seek legal advice 352\n\n22EG Respondent or supported person must be represented in Children's Court 353\n\nDivision 6—Information sharing 354\n\nSubdivision 1—Preliminary 354\n\n22EH Objects of Division 354\n\n22EHA Definitions 355\n\n22EI Information *about* a person 356\n\n22EJ *Authorised disclosers* and *access* to information 357\n\n22EK When is the disclosure of information *prohibited*? 360\n\n22EL Information need not be disclosed or requested in writing 361\n\n22EM Relevant persons and authorised purposes 361\n\nSubdivision 2—Information sharing 365\n\n22EN Authorised discloser may require information from another authorised discloser 365\n\n22EO Authorised discloser may disclose without request 367\n\n22EP Authorised discloser may disclose other than for an authorised purpose 367\n\n22EQ Secretary or member of CVE MAP may require information from providers of previous services and programs 368\n\n22EQA Secretary may disclose information to parent or guardian 372\n\n22ER Victoria Police member of the CVE MAP may disclose information about supported person receiving police services 372\n\n","sortOrder":27},{"sectionNumber":"Subdiv 2A","sectionType":"subdivision","heading":"Central contacts 374","content":"Subdivision 2A—Central contacts 374\n\n22ERA CVE MAP member may appoint central contact 374\n\n22ERB CVE MAP member may arrange for central contact to disclose information 376\n\n22ERC Disclosure may be made to central contact instead of CVE MAP member 376\n\n22ERD Central contact must not make certain requests or disclosures 377\n\n","sortOrder":28},{"sectionNumber":"Subdiv 2B","sectionType":"subdivision","heading":"Offence to disclose information 378","content":"Subdivision 2B—Offence to disclose information 378\n\n22ES Offence to disclose information 378\n\nSubdivision 3—Miscellaneous 378\n\n22ET Authority to collect information 378\n\n22EU Division does not affect collection or use of information permitted by various laws 379\n\n22EV Protected information not admissible in criminal proceedings 379\n\nDivision 7—Annual report 379\n\n22EW Annual report 379\n\n","sortOrder":29},{"sectionNumber":"Part 5","sectionType":"part","heading":"Protection of counter-terrorism intelligence 384","content":"Part 5—Protection of counter-terrorism intelligence 384\n\nDivision 1AA—Preliminary 384\n\n22EX References to *subject* of substantive application or hearing 384\n\nDivision 1—General protection in legal proceedings 384\n\n23 General protection of counter-terrorism intelligence in legal proceedings 384\n\n24 Court may inspect documents 386\n\nDivision 2—Protection in applications under this Act 386\n\n25 Application for counter-terrorism intelligence protection order 386\n\n26 Public Interest Monitor to be notified of protection application 388\n\n27 Determining protection application 389\n\n28 Court may dispense with hearing by consent 390\n\n29 Admissibility of protected counter‑terrorism intelligence 390\n\nDivision 3—Procedural requirements in protection applications and substantive applications and hearings involving protected counter‑terrorism intelligence 390\n\n30 Application of Division 391\n\n31 Protection applications to be heard in closed court unless otherwise ordered 392\n\n31A Relevant part of substantive application or hearing to be heard in closed court unless otherwise ordered 393\n\n31B Closed court requirements 393\n\n32 Appointment of special counsel 395\n\n33 Role of special counsel 396\n\nDivision 4—Offences 401\n\n35 Offence to enter closed court 401\n\n36 Offence to publish report of hearing 402\n\n37 Disclosure, receipt or solicitation of protected counter-terrorism intelligence 402\n\n37A Disclosure, receipt or solicitation of other confidential material 404\n\nPart 6—Role of Integrity Oversight Victoria 406\n\n37B Regular inspections of records of Victoria Police 406\n\n37C The Chief Integrity Inspector and authorised Integrity Oversight Victoria officers may perform or exercise inspection functions and powers 408\n\n37D Reports to Parliament on inspections by Integrity Oversight Victoria 411\n\nPart 6A—Annual reporting 413\n\n37E Definitions 413\n\n37F Annual reports of Chief Commissioner 418\n\nPart 7—General 420\n\n38 Review 420\n\n38A Further review 420\n\n39 Operation of Act 421\n\n39A Supreme Court—limitation of jurisdiction 421\n\n40 Regulations 421\n\n41 Expiry 422\n\nPart 8—Transitional provisions 423\n\n42 Justice Legislation Amendment (Terrorism) Act 2018—authorised police officers 423\n\nSchedule 1—Conduct of personal searches under Part 3A 424\n\nEndnotes 431\n\n1 General information 431\n\n2 Table of Amendments 433\n\n3 Explanatory details 439\n\n**Version No.** **049**\n\n**Terrorism (Community Protection) Act 2003**\n\n**No. 7 of 2003**\n\nVersion incorporating amendments as at  \n\n**The Parliament of Victoria enacts as follows:**\n\n","sortOrder":30},{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"Part 1—Preliminary\n\n","sortOrder":31},{"sectionNumber":"1","sectionType":"section","heading":"Purposes","content":"\t1 Purposes\n\nThe main purposes of this Act are—\n\n(a) to provide new powers and obligations relating to the prevention of, and the response to, terrorist acts; and\n\nS. 1(b) amended by No. 37/2014 s. 10(Sch. item 167.1).\n\n(b) to provide for the application for, and the grant and execution of, warrants authorising the covert search of premises by police officers; and\n\nS. 1(baa) inserted by No. 32/2018 s. 3.\n\n(baa) to provide for the making of police detention decisions; and\n\nS. 1(ba) inserted by No. 5/2006 s. 12.\n\n(ba) to provide for the application for, and the making of, preventative detention orders; and\n\nS. 1(bb) inserted by No. 47/2021 s. 4.\n\n(bb) to establish the Countering Violent Extremism Multi-Agency Panel; and\n\nS. 1(bc) inserted by No. 47/2021 s. 4, substituted by No. 9/2025 s. 8.\n\n(bc) to provide for the voluntary case management of persons who are vulnerable to violent extremism; and\n\nS. 1(bd) inserted by No. 47/2021 s. 4.\n\n(bd) to provide for the application for, and the making of, support and engagement orders to address the underlying causes of persons who are radicalising towards violent extremism; and\n\nS. 1(c) amended by No. 67/2004 s. 17(1)(a).\n\n(c) to provide for mandatory reporting of the theft or loss or discrepancies in quantity of certain chemicals and other substances; and\n\nS. 1(d) repealed by No. 76/2014 s. 8(1).\n\n(e) to protect counter-terrorism methods from disclosure in legal proceedings.\n\n","sortOrder":32},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"\t2 Commencement\n\n(1) This Part and Parts 3, 5, 7 and 8 come into operation on the day after the day on which this Act receives the Royal Assent.\n\n(2) Subject to subsection (3), Parts 2, 4 and 6 come into operation on a day or days to be proclaimed.\n\n(3) If a provision of this Act does not come into operation before 1 July 2004, it comes into operation on that day.\n\nS. 3 amended by No. 32/2018 s. 4(3) (ILA s. 39B(1)).\n\n","sortOrder":33},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"\t3 Definitions\n\n(1) In this Act—\n\nS. 3(1) def. of *AFP member* inserted by No. 32/2018 s. 4(1).\n\n***AFP member*** has the same meaning as in Part 5.3 of the Criminal Code of the Commonwealth;\n\nS. 3(1) def. of *Assistant Commis-sioner* substituted by No. 30/2006 s. 4(1)(a).\n\n***Assistant Commissioner*** means an Assistant Commissioner of Police for Victoria;\n\nS. 3(1) def. of *authorised police officer* inserted by No. 32/2018 s. 4(1).\n\n***authorised police officer*** means a police officer appointed by the Chief Commissioner under subsection (2);\n\nS. 3(1) def. of *Chief Commis-sioner* substituted by No. 30/2006 s. 4(1)(b).\n\n***Chief Commissioner*** means the Chief Commissioner of Police for Victoria;\n\nS. 3(1) def. of *child* inserted by No. 32/2018 s. 4(1).\n\n***child*** means a person under 18 years of age;\n\nS. 3(1) def. of *Commission for Children and Young People* inserted by No. 32/2018 s. 4(1).\n\n***Commission for Children and Young People*** means the Commission established by section 6 of the **Commission for Children and Young People Act 2012**;\n\nS. 3(1) def. of *Common-wealth control order* inserted by No. 32/2018 s. 4(1).\n\n***Commonwealth control order*** has the same meaning as ***control order*** has in Part 5.3 of the Criminal Code of the Commonwealth;\n\nS. 3(1) def. of *correspond-ing preventative detention law* inserted by No. 32/2018 s. 4(1), amended by No. 47/2021 s. 20.\n\n***corresponding preventative detention law*** means—\n\n(a) Division 105 of the Criminal Code of the Commonwealth; or\n\n(b) a law of another State or of a Territory, or particular provisions of a law of another State or of a Territory, that—\n\n(i) corresponds or correspond to Part 2AA or Part 2A; or\n\n(ii) is or are prescribed;\n\nS. 3(1) def. of *counter-terrorism information* repealed by No. 32/2018 s. 64(b).\n\nS. 3(1) def. of *counter-terrorism intelligence* inserted by No. 32/2018 s. 64(a).\n\n***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—\n\n(a) prejudice a criminal investigation, including by revealing intelligence-gathering methodologies, investigative techniques or technologies, or covert practices; or\n\n(b) enable the discovery of the existence or identity of a confidential source of information relevant to law enforcement; or\n\n(c) endanger a person's life or physical safety; or\n\n(d) threaten significant damage to infrastructure or other property; or\n\n(e) prejudice national security;\n\nS. 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).\n\n***counter-terrorism intelligence protection order*** has the meaning given in section 25(1B);\n\nS. 3(1) def. of *declared essential service* repealed by No. 76/2014 s. 8(2)(a).\n\nS. 3(1) def. of *Deputy Commis-sioner* substituted by No. 30/2006 s. 4(1)(c).\n\n***Deputy Commissioner*** means a Deputy Commissioner of Police for Victoria;\n\nS. 3(1) def. of *essential service* substituted by No. 76/2014 s. 8(2)(b).\n\n***essential service*** has the same meaning as it has in section 74B of the **Emergency Management Act 2013**;\n\nS. 3(1) def. of *family member* inserted by No. 32/2018 s. 4(1).\n\n***family member*** of a person means—\n\n(a) the person's spouse, de facto spouse or same‑sex partner; or\n\n(b) a parent, step‑parent or grandparent of the person; or\n\n(c) a child, step‑child or grandchild of the person; or\n\n(d) a brother, sister, step‑brother or step‑sister of the person; or\n\n(e) a guardian or carer of the person;\n\nS. 3(1) def. of *IBAC* inserted by No. 32/2018 s. 4(1).\n\n***IBAC*** has the same meaning as in the **Independent Broad-based Anti-corruption Commission Act 2011**;\n\nS. 3(1) def. of *IBAC Com-missioner* inserted by No. 32/2018 s. 4(1).\n\n***IBAC Commissioner*** means the ***Commissioner*** within the meaning of the **Independent Broad-based Anti-corruption Commission Act 2011**;\n\nS. 3(1) def. of *identification material* inserted by No. 32/2018 s. 4(1).\n\n***identification material***, in relation to a person, means—\n\n(a) samples taken from a part of the person's body from which a DNA profile may be derived; or\n\n(b) prints of the person's hands, fingers, feet or toes; or\n\n(c) recordings of the person's voice, or\n\n(d) samples of the person's handwriting; or\n\n(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;\n\nS. 3(1) def. of *Integrity Oversight Victoria* inserted by No. 31/2024 s. 113(Sch. 1 item 39.1(a)).\n\n***Integrity Oversight Victoria***  has the same meaning as in the **Integrity Oversight Victoria Act 2011**;\n\nS. 3(1) def. of *interim preventative detention order* inserted by No. 32/2018 s. 4(1).\n\n***interim preventative detention order*** means an interim preventative detention order made by the Supreme Court under section 13E;\n\nS. 3(1) def. of *lawyer* inserted by No. 32/2018 s. 4(1).\n\n***lawyer*** means an Australian lawyer;\n\nS. 3(1) def. of *legal advice* inserted by No. 32/2018 s. 4(1).\n\n***legal advice*** has the same meaning as in the **Legal Aid Act 1978**;\n\nS. 3(1) def. of *maximum police detention period* inserted by No. 32/2018 s. 4(1).\n\n***maximum police detention period*** means—\n\n(a) for an adult—a period of 4 days;\n\n(b) for a child—a period of 36 hours;\n\nSee also sections 13AH and 13G.\n\nS. 3(1) def. of *member of the force* repealed by No. 37/2014 s. 10(Sch. item 167.2(b)).\n\n ** * * * **\n\nS. 3(1) def. of *member of Victoria Police personnel* inserted by No. 32/2018 s. 72.\n\n***member of Victoria Police personnel*** has the same meaning as in the **Victoria Police Act 2013**;\n\nS. 3(1) def. of *nominated senior police officer* inserted by No. 32/2018 s. 4(1).\n\n***nominated senior police officer*** means a police officer appointed under section 13AZZJ;\n\nS. 3(1) def. of *operator* repealed by No. 76/2014 s. 8(2)(a).\n\nS. 3(1) def. of *periodic review* inserted by No. 32/2018 s. 4(1).\n\n***periodic review*** means a review under section 13AZZN;\n\nS. 3(1) def. of *police detention decision* inserted by No. 32/2018 s. 4(1).\n\n***police detention decision***—see section 13AC;\n\nS. 3(1) def. of *police gaol* inserted by No. 32/2018 s. 4(1).\n\n***police gaol*** has the same meaning as in the **Corrections Act 1986**;\n\nS. 3(1) def. of *police officer* inserted by No. 37/2014 s. 10(Sch. item 167.2(a)).\n\n***police officer*** has the same meaning as in the **Victoria Police Act 2013**;\n\n***premises*** includes—\n\n(a) land; and\n\n(b) a building or vehicle; and\n\n(c) a part of a building or vehicle; and\n\n(d) any place, whether built on or not;\n\nS. 3(1) def. of *prescribed authority* inserted by No. 32/2018 s. 4(1).\n\n***prescribed authority*** has the same meaning as in Division 3 of Part III of the Australian Security Intelligence Organisation Act 1979 of the Commonwealth;\n\nS. 3(1) def. of *preventative detention order* inserted by No. 32/2018 s. 4(1).\n\n***preventative detention order*** means an order made under section 13E, as varied under section 13N or 13O, and includes an interim preventative detention order;\n\nS. 3(1) def. of *prison* inserted by No. 32/2018 s. 4(1).\n\n***prison*** has the same meaning as in the **Corrections Act 1986**;\n\nS. 3(1) def. of *prohibited contact order* inserted by No. 32/2018 s. 4(1).\n\n***prohibited contact order*** means an order made under section 13L or 13M, as varied under section 13N or 13O;\n\nS. 3(1) def. of *protected counter-terrorism intelligence* inserted by No. 32/2018 s. 64(a).\n\n***protected counter-terrorism intelligence*** means counter-terrorism intelligence that is the subject of a counter-terrorism intelligence protection order;\n\nS. 3(1) def. of *protection application* inserted by No. 32/2018 s. 64(a).\n\n***protection application*** means an application under section 25 for a counter-terrorism intelligence protection order;\n\nS. 3(1) def. of *protective services officer* inserted by No. 32/2018 s. 45.\n\n***protective services officer***  has the same meaning as in the **Victoria Police Act 2013**;\n\nS. 3(1) def. of *Public Interest Monitor* inserted by No. 32/2018 s. 4(1).\n\n***Public Interest Monitor*** means—\n\n(a) the Principal Public Interest Monitor appointed under section 6 of the **Public Interest Monitor Act 2011**; or\n\n(b) a Deputy Public Interest Monitor appointed under section 7 of the **Public Interest Monitor Act 2011**;\n\nS. 3(1) def. of *questioning limitation condition* inserted by No. 32/2018 s. 4(1).\n\n***questioning limitation condition***—see section 13E(2A)(b);\n\nS. 3(1) def. of *questioning prohibition condition* inserted by No. 32/2018 s. 4(1).\n\n***questioning prohibition condition***—see section 13E(2A)(a);\n\nS. 3(1) def. of *Secretary* inserted by No. 47/2021 s. 5(3).\n\n***Secretary*** means the Secretary to the Department of Justice and Community Safety;\n\nS. 3(1) def. of *seizable item* inserted by No. 32/2018 s. 4(1).\n\n***seizable item*** means anything that—\n\n(a) would present a danger to a person; or\n\n(b) could be used to assist a person to escape from lawful custody; or\n\n(c) could be used to contact another person or to operate a device remotely;\n\nS. 3(1) def. of *SEO review hearing* inserted by No. 47/2021 s. 5(3).\n\n***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;\n\nS. 3(1) def. of *substantive application* inserted by No. 32/2018 s. 64(a), amended by No. 47/2021 s. 5(2).\n\n***substantive application*** means an application for—\n\n(a) a preventative detention order; or\n\n(b) an extension of a preventative detention order; or\n\n(c) a revocation or variation of a preventative detention order; or\n\n(d) a prohibited contact order; or\n\n(e) a revocation or variation of a prohibited contact order; or\n\n(f) a support and engagement order; or\n\n(g) the variation, extension or revocation of a support and engagement order;\n\nS. 3(1) def. of *substantive application or hearing* inserted by No. 47/2021 s. 5(3).\n\n***substantive application or hearing*** means—\n\n(a) a substantive application; or\n\n(b) an SEO review hearing;\n\nS. 3(1) def. of *support and engagement order* inserted by No. 47/2021 s. 5(3).\n\n***support and engagement order*** has the same meaning as it has in Part 4A;\n\n***terrorist act*** has the meaning given by section 4;\n\nS. 3(1) def. of *thing* amended by No. 70/2015 s. 4(1).\n\n***thing*** includes any object, article or material;.\n\nS. 3(1) def. of *remote entry* inserted by No. 70/2015 s. 4(2).\n\n***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;\n\nS. 3(1) def. of *vehicle* inserted by No. 70/2015 s. 4(2).\n\n***vehicle*** includes a vessel and an aircraft;\n\nS. 3(1) def. of *Victoria Legal Aid* inserted by No. 32/2018 s. 4(1).\n\n***Victoria Legal Aid*** means Victoria Legal Aid established under section 3 of the **Legal Aid Act 1978**;\n\nS. 3(1) def. of *Victoria Police* inserted by No. 70/2015 s. 4(2), amended by No. 32/2018 s. 4(2).\n\n***Victoria Police*** has the same meaning as in the **Victoria Police Act 2013**;\n\nS. 3(1) def. of *Victorian Inspectorate* inserted by No. 32/2018 s. 4(1), repealed by No. 31/2024 s. 113(Sch. 1 item 39.1(b)).\n\nS. 3(1) def. of *youth justice facility* inserted by No. 32/2018 s. 4(1).\n\n***youth justice facility*** means a service established under section 478 of the **Children, Youth and Families Act 2005**.\n\nS. 3(2) inserted by No. 32/2018 s. 4(3).\n\n(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—\n\n(a) police detention decisions; and\n\nS. 3(2)(b) amended by No. 47/2021 s. 5(4)(a).\n\n(b) applications under sections 13C, 13I and 13M; and\n\nS. 3(2)(c) inserted by No. 47/2021 s. 5(4)(b).\n\n(c) applications under sections 22CK, 22DA, 22DH and 22DR.\n\n","sortOrder":34},{"sectionNumber":"4","sectionType":"section","heading":"What is a terrorist act?","content":"\t4 What is a terrorist act?\n\n(1) In this Act, ***terrorist act*** means an action or threat of action where—\n\n(a) the action falls within subsection (2) and does not fall within subsection (3); and\n\n(b) the action is done or the threat is made with the intention of advancing a political, religious or ideological cause; and\n\n(c) the action is done or the threat is made with the intention of—\n\n(i) coercing, or influencing by intimidation, the government of the Commonwealth or a State, Territory or foreign country, or of part of a State, Territory or foreign country; or\n\n(ii) intimidating the public or a section of the public.\n\n(2) Action falls within this subsection if it—\n\n(a) causes serious harm that is physical harm to a person; or\n\n(b) causes serious damage to property; or\n\n(c) causes a person's death; or\n\n(d) endangers a person's life, other than the life of the person taking the action; or\n\n(e) creates a serious risk to the health or safety of the public or a section of the public; or\n\n(f) seriously interferes with, seriously disrupts, or destroys, an electronic system including, but not limited to—\n\n(i) an information system; or\n\n(ii) a telecommunications system; or\n\n(iii) a financial system; or\n\nS. 4(2)(f)(iv) amended by No. 30/2006 s. 4(2)(a).\n\n(iv) a system used for the delivery of essential government services by any entity (whether publicly or privately owned); or\n\nS. 4(2)(f)(v) amended by No. 30/2006 s. 4(2)(b).\n\n(v) a system used for, or by, an essential public utility (whether publicly or privately owned); or\n\n(vi) a system used for, or by, a transport system.\n\n(3) Action falls within this subsection if it—\n\n(a) is advocacy, protest, dissent or industrial action; and\n\n(b) is not intended—\n\n(i) to cause serious harm that is physical harm to a person; or\n\n(ii) to cause a person's death; or\n\n(iii) to endanger the life of a person, other than the person taking action; or\n\n(iv) to create a serious risk to the health or safety of the public or a section of the public.\n\nNote to s. 4 repealed by No. 30/2006 s. 4(3).\n\nS. 4A inserted by No. 5/2006 s. 7.\n\n","sortOrder":35},{"sectionNumber":"4A","sectionType":"section","heading":"Extraterritoriality of terrorist act no barrier","content":"\t4A Extraterritoriality of terrorist act no barrier\n\nTo avoid doubt, functions, powers or duties conferred by this Act in relation to a terrorist act may be exercised or performed whether or not the terrorist act has been, is being, or is likely to be, committed in Victoria.\n\nS. 4B inserted by No. 30/2006 s. 5.\n\n","sortOrder":36},{"sectionNumber":"4B","sectionType":"section","heading":"Providing documents or information facilitating terrorist acts","content":"\t4B Providing documents or information facilitating terrorist acts\n\n(1) A person commits an offence if—\n\n(a) the person has possession or control of a document or information; and\n\n(b) the person intentionally provides the document or information to another person; and\n\n(c) the person does so with the intention of facilitating preparation for, the engagement of a person in or assistance in a terrorist act.\n\n1. Level 5 imprisonment (10 years maximum).\n\nNote to s. 4B(1) inserted by No. 65/2016 s. 22.\n\nAn offence against subsection (1) is a category 2 offence under the **Sentencing Act 1991**. See subsection (2H)  \nof section 5 of that Act for the requirement to impose a custodial order for this offence unless the circumstances  \nset out in paragraphs (a) to (e) of that subsection exist.\n\n(2) A person commits an offence under subsection (1) even if the terrorist act does not occur.\n\n(a) an act or omission by a person is both an offence against subsection (1) and an offence against Part 5.3 of the Criminal Code of the Commonwealth; and\n\n(b) the person has been punished for the offence under that Part—\n\nthe person is not liable to be punished for the offence against subsection (1).\n\nPt 1A (Heading and ss 4C–4F) inserted by No. 72/2011 s. 44.\n\n","sortOrder":37},{"sectionNumber":"Part 1A","sectionType":"part","heading":"Public Interest Monitor","content":"Part 1A—Public Interest Monitor\n\nPt 1A Div. 1 (Heading) inserted by No. 32/2018 s. 5.\n\nDivision 1—Role in relation to order and warrant applications\n\nS. 4C (Heading) amended by No. 32/2018 s. 6(1).\n\nS. 4C inserted by No. 72/2011 s. 44, amended by No. 32/2018 s. 6(2).\n\n","sortOrder":38},{"sectionNumber":"4C","sectionType":"section","heading":"Application of this Division","content":"\t4C Application of this Division\n\nThis Division applies if a person is required under this Act to give notice to a Public Interest Monitor of an application for—\n\n(a) a covert search warrant; or\n\n(b) a preventative detention order; or\n\n(c) an extension of a preventative detention order; or\n\n(d) a variation or revocation of a preventative detention order; or\n\n(e) a prohibited contact order; or\n\nS. 4C(f) amended by No. 32/2018 s. 65(a).\n\n(f) a variation or revocation of a prohibited contact order; or\n\nS. 4C(g) inserted by No. 32/2018 s. 65(b).\n\n(g) a counter-terrorism intelligence protection order.\n\nS. 4D inserted by No. 72/2011 s. 44.\n\n","sortOrder":39},{"sectionNumber":"4D","sectionType":"section","heading":"Information to be given to Public Interest Monitor","content":"\t4D Information to be given to Public Interest Monitor\n\n(1) If the application is made in writing, the applicant must give the Public Interest Monitor a copy of the application and any affidavit required to be given to the Supreme Court in support of the application.\n\n(2) If the application is to be made by telephone, the applicant must give the Public Interest Monitor the information required to be given to the Supreme Court on a telephone application.\n\nS. 4D(3) amended by No. 32/2018 s. 6(2).\n\n(3) An obligation to maintain secrecy in relation to, or that otherwise restricts, the provision of information to the Public Interest Monitor, whether imposed under an Act or by a rule of law, does not apply to the provision of information under this Division.\n\nS. 4E inserted by No. 72/2011 s. 44.\n\n","sortOrder":40},{"sectionNumber":"4E","sectionType":"section","heading":"Full disclosure to Public Interest Monitor","content":"\t4E Full disclosure to Public Interest Monitor\n\n(1) The applicant must fully disclose to the Public Interest Monitor all matters of which the applicant is aware that are adverse to the application.\n\n(2) The applicant must not knowingly or recklessly fail to comply with subsection (1).\n\nS. 4F inserted by No. 72/2011 s. 44.\n\n","sortOrder":41},{"sectionNumber":"4F","sectionType":"section","heading":"Role of Public Interest Monitor","content":"\t4F Role of Public Interest Monitor\n\n(1) The Public Interest Monitor is entitled—\n\n(a) to appear at the hearing of the application to test the content and sufficiency of the information relied on and the circumstances of the application; and\n\n(b) for the purpose of testing the content and sufficiency of the information relied on and the circumstances of the application—\n\n(i) to ask questions of any person giving information in relation to the application; and\n\n(ii) to make submissions to the Supreme Court about the appropriateness of granting the application.\n\n(2) Without limiting subsection (1), the Public Interest Monitor is entitled to make submissions to the Supreme Court in the presence of the judge or by phone, fax, email or any other reasonable way.\n\n(3) If a Public Interest Monitor is not reasonably able to be contacted for an application (other than an application for a covert search warrant)—\n\n(a) the application may proceed without a Public Interest Monitor being notified; and\n\n(b) a Public Interest Monitor must be notified as soon as possible and given any information requested by the Public Interest Monitor that the Public Interest Monitor would have been entitled to obtain for or during the application.\n\n(4) As soon as practicable after the application is heard, the Public Interest Monitor must return to the applicant any documents given by the applicant to the Public Interest Monitor under section 4D or 4E or subsection (3) of this section in relation to the applications.\n\nPt 1A Div. 2 (Heading and ss 4G–4N) inserted by No. 32/2018 s. 7.\n\nDivision 2—Role in relation to preventative police detention\n\nS. 4G inserted by No. 32/2018 s. 7.\n\n","sortOrder":42},{"sectionNumber":"4G","sectionType":"section","heading":"Authorised police officer to notify Public Interest Monitor about certain things relating to police detention decisions","content":"\t4G Authorised police officer to notify Public Interest Monitor about certain things relating to police detention decisions\n\n(1) An authorised police officer must notify a Public Interest Monitor of the things set out in column 2 of the Table within the time specified in column 3 of the Table opposite that thing.\n\n**Table**\n\n| *Column 1*<br>*Item* | *Column 2*<br>*Thing to be notified to a Public Interest Monitor* | *Column 3*   <br>*When notification must be given* |\n| 1 | The making of a police detention decision | As soon as practicable after the police detention decision is made |\n| 2 | The date and time a person to whom a police detention decision applies is taken into custody and detained under Part 2AA | As soon as practicable after the person is taken into custody (but no later than 2 hours after the person is taken into custody) |\n| 3 | The name and contact details of the nominated senior police officer in relation to a person to whom a police detention decision applies | As soon as practicable after the police detention decision is made |\n| 4 | A police detention decision ceasing to have effect under section 13AF(2)(a) | As soon as practicable after the police detention decision ceases to have effect |\n\nS. 4G(2) amended by No. 31/2024 s. 34.\n\n(2) A notification under subsection (1) must be in accordance with the regulations under the **Public Interest Monitor Act 2011**.\n\nSee also section 4K(3)(b).\n\nS. 4H inserted by No. 32/2018 s. 7.\n\n\t4H Nominated senior police officer to notify Public Interest Monitor about certain matters relating to police detention decisions\n\n(1) A nominated senior police officer must notify a Public Interest Monitor of—\n\n(a) when a periodic review is to be conducted as soon as practicable after deciding when to conduct it; and\n\nSee also section 13AZZN.\n\n(b) the date and time the detention under Part 2AA of a person to whom a police detention decision relates ends as soon as practicable after the end of that detention.\n\nS. 4H(2) amended by No. 31/2024 s. 35.\n\n(2) A notification under subsection (1) must be in accordance with the regulations under the **Public Interest Monitor Act 2011**.\n\nSee also section 4K(3)(b) and Division 9 of Part 2AA.\n\nS. 4I inserted by No. 32/2018 s. 7.\n\n","sortOrder":43},{"sectionNumber":"4I","sectionType":"section","heading":"Full disclosure to a Public Interest Monitor","content":"\t4I Full disclosure to a Public Interest Monitor\n\n(1) The following persons must fully disclose to a Public Interest Monitor all matters of which they are aware that are adverse to the making of a police detention decision or the conduct of a periodic review—\n\n(a) the authorised police officer who made the police detention decision;\n\n(b) the nominated senior police officer in relation to a periodic review they conduct;\n\n(c) a police officer exercising powers or performing duties under Part 2AA.\n\n(2) An authorised police officer, a nominated senior police officer or a police officer exercising powers or performing duties under Part 2AA must not knowingly or recklessly fail to comply with subsection (1).\n\nS. 4J inserted by No. 32/2018 s. 7.\n\n","sortOrder":44},{"sectionNumber":"4J","sectionType":"section","heading":"Secrecy obligations do not apply","content":"\t4J Secrecy obligations do not apply\n\nAn obligation to maintain secrecy in relation to, or that otherwise restricts, the provision of information to a Public Interest Monitor, whether imposed under an Act or by rule of law, does not apply to the provision of information under this Division.\n\nS. 4K inserted by No. 32/2018 s. 7.\n\n","sortOrder":45},{"sectionNumber":"4K","sectionType":"section","heading":"Role of Public Interest Monitor in relation to periodic reviews","content":"\t4K Role of Public Interest Monitor in relation to periodic reviews\n\n(1) A Public Interest Monitor is entitled—\n\n(a) to test the content and sufficiency of the information to be relied on for the purposes of conducting a periodic review; and\n\n(b) for the purpose of testing the content and sufficiency of the information to be relied on for the purposes of conducting a periodic review—\n\n(i) to ask questions of any of the following persons—\n\n(A) the authorised police officer who made the police detention decision;\n\n(B) the nominated senior police officer in relation to a periodic review they conduct;\n\n(C) a police officer exercising powers or performing duties under Part 2AA in relation to a person detained under that Part; and\n\n(ii) to make submissions to the nominated senior police officer in relation to the conduct of a periodic review.\n\nA nominated senior police officer conducts periodic reviews under section 13AZZN.\n\n(2) Without limiting subsection (1), a Public Interest Monitor is entitled to make submissions to the nominated senior police officer in person or by telephone or electronic communication or any other reasonable way.\n\n(3) If a Public Interest Monitor is not reasonably able to be contacted before the nominated senior police officer conducts a periodic review—\n\n(a) the nominated senior police officer may conduct the periodic review, without a Public Interest Monitor being notified; and\n\n(b) a Public Interest Monitor must—\n\n(i) be notified as soon as practicable after the completion of the periodic review; and\n\n(ii) be given any information requested by a Public Interest Monitor that the Public Interest Monitor would have been entitled to obtain for the purposes of exercising a power under subsection (1) or (2).\n\nS. 4L inserted by No. 32/2018 s. 7.\n\n","sortOrder":46},{"sectionNumber":"4L","sectionType":"section","heading":"Public Interest Monitor to be given written record of police detention decision","content":"\t4L Public Interest Monitor to be given written record of police detention decision\n\nAn authorised police officer must ensure that a copy of the written record of the police detention decision made under section 13AE is given to a Public Interest Monitor as soon as practicable after they make the decision.\n\nS. 4M inserted by No. 32/2018 s. 7.\n\n","sortOrder":47},{"sectionNumber":"4M","sectionType":"section","heading":"Public Interest Monitor to be given access to documents related to police detention decisions and periodic reviews","content":"\t4M Public Interest Monitor to be given access to documents related to police detention decisions and periodic reviews\n\nFor the purposes of performing a function or exercising a power under section 4K, a Public Interest Monitor may have, and must be given, access to any document or information relating to a police detention decision or the conduct of a periodic review kept by—\n\n(a) the authorised police officer who made the police detention decision; or\n\n(b) the nominated senior police officer who conducts the periodic review.\n\nS. 4N inserted by No. 32/2018 s. 7.\n\n","sortOrder":48},{"sectionNumber":"4N","sectionType":"section","heading":"Return of documents","content":"\t4N Return of documents\n\n(1) A Public Interest Monitor must return to an appropriate person any documents given to the Public Interest Monitor under this Division—\n\n(a) if detention of the person to whom the police detention decision relates ends—as soon as practicable after the Public Interest Monitor is notified of the end of that detention; or\n\n(b) if the police detention decision ceases to have effect under section 13AF(2)(a)—as soon as practicable after the Public Interest Monitor is notified of the decision ceasing to have effect.\n\nSee also section 4G or 4H.\n\n(2) In this section—\n\n***appropriate person*** means—\n\n(a) in the case of a document given to the Public Interest Monitor relating to a police detention decision—the authorised police officer who made the decision; and\n\n(b) in the case of a document given to the Public Interest Monitor relating to the conduct of a periodic review—the nominated senior police officer who conducted the review.\n\nPt 1B (Heading and ss 4O–4R) inserted by No. 32/2018 s. 8.\n\n","sortOrder":49},{"sectionNumber":"Part 1B","sectionType":"part","heading":"Role of the Commission for Children and Young People","content":"Part 1B—Role of the Commission for Children and Young People\n\nS. 4O inserted by No. 32/2018 s. 8.\n\n","sortOrder":50},{"sectionNumber":"4O","sectionType":"section","heading":"Functions of Commission for Children and Young People in relation to detention of children","content":"\t4O Functions of Commission for Children and Young People in relation to detention of children\n\nIn addition to any other function conferred on the Commission for Children and Young People under this Part or Part 2AA or 2A, the Commission for Children and Young People has the following functions in relation to Part 2AA or 2A—\n\n(a) to monitor the treatment of a child while being detained under Part 2AA or under a preventative detention order;\n\n(b) to promote the interests of a child detained under Part 2AA or under a preventative detention order;\n\n(c) to access any document or information in accordance with section 4Q;\n\n(d) to provide advice to the Attorney-General, the Minister administering the **Commission for Children and Young People Act 2012** or the Chief Commissioner about a child's treatment while in detention under Part 2AA or under a preventative detention order;\n\n(e) any other function that is prescribed.\n\nS. 4P inserted by No. 32/2018 s. 8.\n\n","sortOrder":51},{"sectionNumber":"4P","sectionType":"section","heading":"Access to children in detention for the purpose of monitoring their treatment","content":"\t4P Access to children in detention for the purpose of monitoring their treatment\n\nFor the purposes of performing any function or exercising any power under or in relation to this Part, Part 2AA or 2A, the Commission for Children and Young People must be given access to a child that is in detention under Part 2AA or under a preventative detention order.\n\nSee also section 4R.\n\nS. 4Q inserted by No. 32/2018 s. 8.\n\n","sortOrder":52},{"sectionNumber":"4Q","sectionType":"section","heading":"Access to documents and information","content":"\t4Q Access to documents and information\n\n(1) For the purposes of performing any function or exercising any power under or in relation to this Part, Part 2AA or 2A, the Commission for Children and Young People may have, and must be given, access to any document or information relating to a child's treatment while in detention under Part 2AA or under a preventative detention order that is kept by any of the following people—\n\n(a) the Chief Commissioner;\n\nS. 4Q(1)(b) substituted by No. 47/2021 s. 22(1).\n\n(b) the Secretary.\n\n(2) In this section—\n\n***document*** includes an audio recording or audiovisual recording referred to in Division 6 of Part 2AA or Division 5A of Part 2A.\n\nSee also section 4R.\n\nS. 4R inserted by No. 32/2018 s. 8, amended by No. 47/2021 s. 22(2).\n\n\t4R Assistance to be given to Commission for Children and Young People for performance of its functions and exercise of powers\n\nThe Chief Commissioner and the Secretary must ensure that the Commission for Children and Young People is given any assistance in connection with the reasonable performance of the Commission's functions, or the reasonable exercise of the Commission's powers, under or in relation to this Part, Part 2AA or 2A that the Commission reasonably requires.\n\n","sortOrder":53},{"sectionNumber":"Part 2","sectionType":"part","heading":"Covert search warrants","content":"Part 2—Covert search warrants\n\n","sortOrder":54},{"sectionNumber":"5","sectionType":"section","heading":"Jurisdiction","content":"\t5 Jurisdiction\n\nA covert search warrant under this Part may only be issued by the Supreme Court.\n\n","sortOrder":55},{"sectionNumber":"6","sectionType":"section","heading":"Covert search warrants","content":"\t6 Covert search warrants\n\nS. 6(1) amended by No. 37/2014 s. 10(Sch. item 167.3).\n\n(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—\n\nS. 6(1)(a) substituted by No. 5/2006 s. 8(1).\n\n(a) any of the following applies—\n\n(i) a terrorist act has been, is being, or is likely to be, committed;\n\n(ii) a person who resides at, or visits, those premises—\n\n(A) has done an act in preparation for, or planning, a terrorist act; or\n\n(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;\n\n(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\n\nS. 6(1)(b) amended by No. 5/2006 s. 8(2)(a)(b).\n\n(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\n\n(c) it is necessary for that entry and search to be conducted without the knowledge of any occupier of those premises.\n\nS. 6(1A) inserted by No. 5/2006 s. 8(3).\n\n(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.\n\n(2) An application for a warrant is to be heard in closed court.\n\n","sortOrder":56},{"sectionNumber":"7","sectionType":"section","heading":"Application for warrant","content":"\t7 Application for warrant\n\n(1) An application for a warrant under this Part must be made in writing, supported by an affidavit, setting out the grounds on which the warrant is sought.\n\n(2) The Supreme Court must not issue a warrant unless—\n\n(a) the application for the warrant sets out the grounds on which the warrant is being sought; and\n\n(b) the applicant has given the Court, either orally or in writing, any further information that it requires concerning the grounds on which the warrant is being sought; and\n\n(c) the information given by the applicant is verified before the Court on oath (or affirmation) or by affidavit.\n\n(3) A Judge of the Supreme Court may administer an oath or affirmation or take an affidavit for the purposes of an application for a warrant.\n\nS. 7A inserted by No. 72/2011 s. 45.\n\n","sortOrder":57},{"sectionNumber":"7A","sectionType":"section","heading":"Notice to Public Interest Monitor of application","content":"\t7A Notice to Public Interest Monitor of application\n\nThe applicant for a warrant under this Part must notify a Public Interest Monitor of the application in accordance with the regulations under the **Public Interest Monitor Act 2011**.\n\n","sortOrder":58},{"sectionNumber":"8","sectionType":"section","heading":"Determining the application","content":"\t8 Determining the application\n\n(1) The Supreme Court may issue a warrant under this Part if the Court is satisfied that there are reasonable grounds for the suspicion or belief founding the application for the warrant.\n\n  (2)  In determining whether a warrant should be issued, the Court must have regard to—\n\n(a) the nature and gravity of the terrorist act or suspected terrorist act; and\n\n(b) the extent to which the exercise of powers under the warrant would assist the prevention of, or response to, the terrorist act or suspected terrorist act; and\n\n(c) the extent to which the privacy of any person is likely to be affected; and\n\nS. 8(2)(d) amended by No. 72/2011 s. 46(1).\n\n(d) any conditions to which the warrant may be made subject; and\n\nS. 8(2)(e) inserted by No. 72/2011 s. 46(2).\n\n(e) any submissions made by a Public Interest Monitor.\n\n(3) A warrant must specify—\n\n(a) that the purpose of the warrant is to assist the prevention of, or response to, a terrorist act or suspected terrorist act; and\n\n(b) the address or location of any premises to which the warrant relates; and\n\n(c) the name of the applicant; and\n\n(d) the name or a description of any other person who may enter premises named or described in the warrant; and\n\n(e) whether more than one entry of premises named or described in the warrant is authorised; and\n\n(f) the date on which the warrant is issued; and\n\n(g) the period during which the warrant is in force, being a period not exceeding 30 days; and\n\n(h) if known, the names of occupiers of premises named or described in the warrant; and\n\n(i) if relevant, the name or a description of the kind of thing to be searched for, seized, placed, copied, photographed, recorded, operated, printed, tested or sampled; and\n\n(j) if applicable, any further conditions to which the warrant is subject.\n\n(4) Nothing in this Part prevents the issue of a further warrant in respect of premises in respect of which a warrant under this Part has previously been issued.\n\n","sortOrder":59},{"sectionNumber":"9","sectionType":"section","heading":"What does a warrant authorise?","content":"\t9 What does a warrant authorise?\n\n(1) A warrant issued under this Part authorises the person to whom it is directed, together with any other person named or described in the warrant and with any necessary equipment—\n\nS. 9(1)(a) amended by No. 70/2015 s. 5(1).\n\n(a) to enter, by force or impersonation if necessary, any premises named or described in the warrant, or other specified premises adjoining or providing access to the premises for any of the purposes referred to in paragraph (b), (c), (d), (e), (f), (fa) or (g); and\n\n(b) to search the premises for any kind of thing named or described in the warrant; and\n\n(c) if the warrant authorises seizure of a kind of thing, to seize any thing of that kind; and\n\n(d) if the warrant authorises placing a kind of thing, to place any thing of that kind on the premises in substitution for a thing seized under paragraph (c); and\n\n(e) if the warrant authorises copying, photographing or otherwise recording a description of a kind of thing, to copy, photograph or otherwise record a description of any thing of that kind on the premises; and\n\nS. 9(1)(f) amended by No. 70/2015 s. 5(2).\n\n(f) to operate any electronic equipment that is on the premises and copy, print or otherwise record information held in, or accessible from, that equipment; and\n\nS. 9(1)(fa) inserted by No. 70/2015 s. 5(3).\n\n(fa) to operate, by way of remote entry, any electronic equipment that is on the premises and copy, print or otherwise record information held in, or accessible from, that equipment; and\n\n(g) if the warrant authorises testing, or taking and keeping a sample of, a kind of thing, to test, or take and keep a sample of, any thing of that kind.\n\n(2) The Supreme Court may direct that any thing seized under a warrant be returned to its owner, subject to any condition that the Court thinks fit, if in the opinion of the Court it can be returned consistently with the interests of justice.\n\n(3) Except as provided by this Part, the rules to be observed with respect to search warrants under the **Magistrates' Court Act 1989** extend and apply to warrants under this Part.\n\n","sortOrder":60},{"sectionNumber":"10","sectionType":"section","heading":"Warrant may be granted by telephone","content":"\t10 Warrant may be granted by telephone\n\nS. 10(1) amended by No. 37/2014 s. 10(Sch. item 167.4(a)).\n\n(1) If, in urgent circumstances, a police officer considers it necessary to do so, he or she may apply for a warrant under this Part by telephone in accordance with this section.\n\nS. 10(2) amended by Nos 37/2014 s. 10(Sch. item 167.4(b)), 6/2018 s. 68(Sch. 2 item 124.1).\n\n(2) Before making the application, the police officer must prepare an affidavit setting out the grounds on which the warrant is sought, but may, if necessary, make the application before the affidavit has been sworn or affirmed.\n\nS. 10(3) amended by Nos 37/2014 s. 10(Sch. item 167.4(b)), 6/2018 s. 68(Sch. 2 item 124.2), 33/2018 s. 105(a).\n\n(3) If transmission by facsimile machine or other electronic communication is available, the police officer must transmit a copy of the affidavit, whether sworn or affirmed, or unsworn or not affirmed, to the Supreme Court.\n\n(4) Subject to sections 7(2) and 8(1) and having regard to the factors in section 8(2), the Supreme Court may issue a warrant on an application made by telephone after considering—\n\n(a) the terms of the affidavit; and\n\n(b) any further information required by the Court concerning the grounds on which the warrant is sought.\n\n(5) If the Supreme Court issues a warrant on an application made by telephone, it must—\n\n(a) inform the applicant of the terms of the warrant and of the date on which and the time at which it was issued, and record on the warrant the reasons for issuing the warrant; and\n\nS. 10(5)(b) amended by No. 33/2018 s. 105(b).\n\n(b) if transmission by facsimile machine or other electronic communication is available, transmit a copy of the warrant to the applicant.\n\nS. 10(6) amended by No. 33/2018 s. 105(c).\n\n(6) If a copy of the warrant has not been transmitted by facsimile machine or other electronic communication, the applicant must—\n\n(a) complete a form of warrant in the terms furnished to the applicant by the Supreme Court and must write on it the name of the Judge who constituted the Court and the date on which and the time at which the warrant was issued; and\n\n(b) not later than the day following the date of the execution of the warrant or the expiry of the warrant, whichever is earlier, send the form of warrant completed by the applicant to the Court.[[1]](#endnote-2)\n\nS. 10(7) amended by No. 2/2024 s. 41(1).\n\n(7) If an application is made by telephone, whether or not a warrant is issued, the applicant must, not later than the day following the day on which the application was made, send the original affidavit duly sworn or affirmed to the Supreme Court.\n\n(8) In any proceeding, if it is material for a court to be satisfied that an entry, search or seizure was authorised in accordance with this section, and a warrant issued by the Supreme Court in accordance with this section authorising the entry, search or seizure is not produced in evidence, the court must assume, unless the contrary is proved, that the entry, search or seizure was not authorised by such a warrant.\n\nS. 11 (Heading) amended by Nos 32/2018 s. 73(1), 31/2024 s. 113(Sch. 1 item 39.2).\n\n","sortOrder":61},{"sectionNumber":"11","sectionType":"section","heading":"Report to Integrity Oversight Victoria","content":"\t11 Report to Integrity Oversight Victoria\n\nS. 11(1) amended by Nos 32/2018 s. 73(2), 31/2024 s. 113(Sch. 1 item 39.3).\n\n(1) The person to whom a warrant is issued under this Part must, no later than 7 days after the warrant expires, make a report in accordance with this section to Integrity Oversight Victoria.\n\n1. Level 8 imprisonment (1 year maximum) or a level 8 fine (120 penalty units maximum) or both.\n\n(2) The report must—\n\n(a) state which powers were exercised under the warrant; and\n\n(b) give details of the compliance with the conditions, if any, to which the warrant was subject; and\n\n(c) state the period during which the entry and search was conducted; and\n\n(d) state the name or description of any person who entered premises named or described in the warrant; and\n\n(e) if known, state the names of the occupiers of premises entered; and\n\n(f) give details of the seizure, placement, copying, photographing, recording, operation, printing, testing or sampling of any thing; and\n\n(g) if known, give details of the benefit of the execution of the warrant to the prevention of or response to the terrorist act or suspected terrorist act.\n\n","sortOrder":62},{"sectionNumber":"12","sectionType":"section","heading":"No publication of report of proceeding","content":"\t12 No publication of report of proceeding\n\nA person must not publish—\n\n(a) a report of the whole or any part of a proceeding on an application for a warrant under this Part; or\n\nS. 12(b) amended by No. 32/2018 s. 74(1).\n\n(b) any information derived from a proceeding referred to in paragraph (a)—\n\nS. 12(c) repealed by No. 32/2018 s. 74(2).\n\nunless the Supreme Court orders otherwise.\n\n1. In the case of a natural person, level 7 imprisonment (2 years maximum) or a level 7 fine (240 penalty units maximum) or both;\n\nIn the case of a body corporate, 1000 penalty units for a first offence and 20 000 penalty units for a subsequent offence.\n\nS. 13 amended by Nos 25/2009 s. 53, 37/2014 s. 10(Sch. item 167.5), 70/2015 s. 6, repealed by No. 32/2018 s. 75.\n\nPt 2AA (Headings and ss 13AA–13AZZZC) inserted by No. 32/2018 s. 9.\n\nPart 2AA—Preventative police detention\n\nS. 13AA inserted by No. 32/2018 s. 9.\n\n\t13AA Object of Part\n\nThe object of this Part is to allow for the taking into custody and detention of an adult for a period not exceeding 4 days, or a child for a period not exceeding 36 hours, in order to—\n\n(a) prevent a terrorist act that is capable of being carried out, and could occur, within the next 14 days; or\n\n(b) preserve evidence of, or relating to, a recent terrorist act.\n\nDivision 2—Police detention decisions\n\nS. 13AB inserted by No. 32/2018 s. 9.\n\n\t13AB What is a police detention decision?\n\nA police detention decision is a decision made in relation to a person that authorises—\n\n(a) the taking into custody of the person (unless the person is already being detained under a preventative detention order or an order for the person's detention made under a corresponding preventative detention law); and\n\n(b) subject to this Part, the detention of the person under this Part for a period not exceeding the maximum police detention period which—\n\n(i) starts when the person is first taken into custody under section 13AH(2)(a) or detained under section 13AH(2)(b); and\n\n(ii) ends under Division 9.\n\nS. 13AC inserted by No. 32/2018 s. 9.\n\n\t13AC Authorised police officer may make police detention decision\n\n(1) Subject to this Division, an authorised police officer may make a police detention decision in relation to a person who is 14 years old or older if—\n\n(a) the authorised police officer is satisfied that—\n\n(i) there are reasonable grounds to suspect that the person—\n\n(B) possesses or has under the person's control (whether solely or jointly with any other person) a thing that is connected with the preparation for, or the engagement of a person in, a terrorist act; or\n\n(ii) making the decision would substantially assist in preventing a terrorist act occurring; and\n\n(iii) detaining the person is reasonably necessary for the purpose referred to in subparagraph (ii); or\n\n(b) the authorised police officer is satisfied that—\n\n(ii) it is necessary to detain the person to preserve evidence of, or relating to, the terrorist act; and\n\n(iii) detaining the person is reasonably necessary for the purpose referred to in subparagraph (ii).\n\n(2) A terrorist act referred to in subsection (1)(a) must be capable of being carried out, and could occur, within the next 14 days.\n\n(3) A police detention decision must not be made on the same basis as a previous police detention decision unless the previous police detention decision ceased to have effect under section 13AF(2)(a).\n\n(4) For the purposes of subsection (3), a police detention decision is made on the same basis as a previous police detention decision if—\n\n(a) in the case of a decision made on the basis of preventing a terrorist act from occurring, that decision and the previous decision relate to the same terrorist act; and\n\n(b) in the case of a decision made on the basis of preserving evidence of, or relating to, a terrorist act, that decision and the previous decision relate to the same terrorist act.\n\nS. 13AD inserted by No. 32/2018 s. 9.\n\n\t13AD Nature of police detention decisions in relation to children—detention in youth justice facilities\n\n(1) An authorised police officer who makes a police detention decision in relation to a child must, as part of that decision, direct that the child be detained in a youth justice facility unless the officer is satisfied that it is reasonably necessary for the child to be detained at a place other than a youth justice facility.\n\n(2) For the purposes of subsection (1), the authorised police officer must have regard to the following—\n\n(a) the child's age and vulnerability;\n\n(b) the likely impact that detention in a place other than a youth justice facility will have on the child;\n\n(c) the grounds on which the police detention decision is made;\n\n(d) the risk posed by the child to—\n\n(i) the national or international security of Australia; or\n\n(ii) other persons detained in a youth justice facility; or\n\n(iii) the good order and safe operation of a youth justice facility;\n\n(e) the availability of a place in a youth justice facility for the child to be detained in compliance with this Part.\n\nSee also section 13AR.\n\nS. 13AE inserted by No. 32/2018 s. 9.\n\n\t13AE Recording of police detention decision\n\n(1) An authorised police officer who makes a police detention decision must make, or cause to be made, a written record of the decision.\n\n(2) The record must set out—\n\n(a) the facts and other grounds which the authorised police officer considered in making the police detention decision; and\n\n(b) the information (if any) that the authorised police officer has about the person's age and capacity to manage their affairs; and\n\n(c) the outcomes and particulars of any previous police detention decisions in relation to the person; and\n\n(d) the outcomes and particulars of any previous applications for preventative detention orders in relation to the person; and\n\n(e) the information (if any) that the authorised police officer has about the following—\n\n(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;\n\n(ii) the outcomes and particulars of all previous applications for variations of Commonwealth control orders made in relation to the person;\n\n(iii) the outcomes of all previous applications for revocations of Commonwealth control orders made in relation to the person; and\n\n(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\n\nSee also section 13AD.\n\n(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\n\n(h) a summary of the grounds on which the police detention decision was made.\n\n(3) To avoid doubt, subsection (2)(h) does not require counter-terrorism intelligence to be included in the summary.\n\n(4) The information in the record must be sworn or affirmed by the authorised police officer.\n\nS. 13AF inserted by No. 32/2018 s. 9.\n\n\t13AF When a police detention decision starts and ceases to have effect\n\n(1) A police detention decision in relation to a person starts to have effect when it is made.\n\nWhen a police detention decision starts to have effect it authorises the person to be taken into custody and detained under this Part (see section 13AB). The period for which the person may be detained only starts to run when the person is first taken into custody or detained under this Part (see section 13AH).\n\n(2) A police detention decision in relation to a person ceases to have effect—\n\n(a) at the end of the period of 48 hours after the decision is made if the person has not been taken into custody under the order within that period; or\n\n(b) when the person's detention under this Part ends under Division 9.\n\nS. 13AG inserted by No. 32/2018 s. 9.\n\n\t13AG Detained persons under 14 years to be released without delay\n\n(a) a person is being detained under this Part pursuant to a police detention decision or a purported police detention decision; and\n\n(b) the police officer who is detaining the person is satisfied on reasonable grounds that the person is under 14 years of age.\n\n(2) The police officer must release the person or arrange in writing for the person's release without delay from detention under this Part.\n\nDivision 3—Carrying out police detention decisions\n\nS. 13AH inserted by No. 32/2018 s. 9.\n\n\t13AH Power to detain person under authority of police detention decision\n\n(1) This section applies if a police detention decision is made in relation to a person.\n\n(2) While the police detention decision is in effect in relation to a person—\n\n(a) any police officer may take the person into custody; and\n\nSee also section 6D(2AA) of the **Corrections Act 1986**.\n\n(b) any police officer may detain the person.\n\n(3) A police officer may, for the purpose of taking a person into custody under a police detention decision or preventing the person from escaping from detention under this Part, exercise any of the powers that the officer would have if the officer were apprehending the person under a belief on reasonable grounds that the person—\n\n(a) had committed an indictable offence in Victoria; or\n\n(b) was escaping from legal custody.\n\n(4) Subsection (3) does not apply to the extent to which particular powers are provided for in this Part.\n\nS. 13AI inserted by No. 32/2018 s. 9.\n\n\t13AI Person must be informed of detention when taken into custody\n\nAt the time the police officer is taking the person into custody under section 13AH, the police officer must inform the person that they are being taken into custody for the purposes of detention under this Part.\n\nS. 13AJ inserted by No. 32/2018 s. 9.\n\n\t13AJ Endorsement of record with date and time person taken into custody or detained\n\nAs soon as practicable after a person is first taken into custody or detained under section 13AH, the police officer who is detaining the person under that section must endorse on the record of the police detention decision authorising that first taking into custody or detention—\n\n(a) the date on which, and time at which, the person is first taken into custody or detained; and\n\n(b) particulars of where the person is being detained.\n\nS. 13AK inserted by No. 32/2018 s. 9.\n\n\t13AK Summary explaining police detention decision to be given to detained person\n\n(1) As soon as practicable after a person is first taken into custody or detained under section 13AH, the police officer who is detaining the person under that section must give the person a written summary of the grounds on which the police detention decision was made.\n\n(2) To avoid doubt, subsection (1) does not require counter-terrorism intelligence to be included in the summary.\n\n(3) Despite section 13AH(3), when a police officer takes a person into custody, the police officer does not need to—\n\n(a) have a copy of the record of the police detention decision or the summary mentioned in subsection (1) with them; or\n\n(b) produce a copy of the record or summary to the person being taken into custody.\n\nS. 13AL inserted by No. 32/2018 s. 9.\n\n\t13AL Summary explaining police detention decision to be given to detained person's lawyer\n\n(1) A person who is being detained under section 13AH may request a police officer who is detaining them to arrange for a copy of the summary mentioned in section 13AK(1) to be given to a lawyer acting for the person in relation to the detention.\n\n(2) The police officer must make arrangements for a copy of the summary to be given to the lawyer as soon as practicable after the request is made.\n\n(3) Without limiting subsection (2), the copy of the summary may be sent to the lawyer by electronic communication.\n\n(4) To avoid doubt, subsection (2) does not entitle the lawyer to be given a copy of, or see, a document other than the summary.\n\nS. 13AM inserted by No. 32/2018 s. 9.\n\n\t13AM Compliance with section 13AK or 13AL not required if impractical because of actions of detained person\n\nSection 13AK or 13AL does not apply if the actions of the person being detained under section 13AH make it impracticable for the police officer to comply with either section.\n\nS. 13AN inserted by No. 32/2018 s. 9.\n\n\t13AN Lawfulness of person's detention not affected by non-compliance with section 13AK or 13AL\n\nThe lawfulness of a person's detention under section 13AH is not affected by a failure to comply with section 13AK or 13AL.\n\nS. 13AO inserted by No. 32/2018 s. 9.\n\n\t13AO Requirement to provide name etc.\n\n(1) This section applies if a police officer believes on reasonable grounds that a person whose name or address is, or whose name and address are, unknown to the police officer may be able to assist the police officer in executing a power under section 13AH.\n\n(2) The police officer may request the person to provide their name or address, or name and address, to the police officer.\n\n(3) A person commits an offence if—\n\n(a) a police officer—\n\n(i) makes a request of a person under subsection (2); and\n\n(ii) informs the person of the reason for the request; and\n\n(iii) if the police officer is not in uniform—shows the person evidence that they are a police officer; and\n\n(iv) complies with subsection (5) if the person makes a request under that subsection; and\n\n(b) the person—\n\n(i) refuses or fails to comply with the request; or\n\n(ii) gives a name or address that is false in a material particular.\n\nPenalty: 20 penalty units.\n\n(4) Subsection (3) does not apply if the person has a reasonable excuse.\n\n(5) If a police officer who makes a request of a person under subsection (2) is requested by the person to provide to the person any of the following—\n\n(a) their name;\n\n(b) the address of their place of duty;\n\n(c) their identification number if they have an identification number;\n\n(d) their rank if they do not have an identification number—\n\nthe police officer must not—\n\n(f) give a name, address, number or rank that is false in a material particular.\n\nPenalty: 5 penalty units.\n\n(6) Subsection (5) does not apply if the police officer has a reasonable excuse.\n\nS. 13AP inserted by No. 32/2018 s. 9.\n\n\t13AP Power to enter premises for purpose of searching for, or taking into custody, a person\n\n(a) a police detention decision is in effect in relation to a person; and\n\n(b) a police officer believes on reasonable grounds that the person is on any premises.\n\n(2) The police officer may enter the premises, using such force as is necessary and reasonable in the circumstances and with such assistance from other police officers as is necessary, at any time of the day or night for the purpose of—\n\n(a) searching the premises for the person; or\n\n(b) taking the person into custody.\n\n(3) A police officer must not enter any premises that are used for residential purposes at any time during the period commencing at 9 p.m. on a day and ending at 6 a.m. on the following day unless the police officer believes on reasonable grounds that—\n\n(a) it would not be practicable to take the person into custody, either at those premises or elsewhere, at another time; or\n\n(b) it is necessary to do so in order to prevent the concealment, loss or destruction of evidence of, or relating to, a terrorist act.\n\nS. 13AQ inserted by No. 32/2018 s. 9.\n\n\t13AQ Power to conduct search of a person taken into custody under this Part\n\n(1) This section applies if a police officer who takes a person into custody under section 13AH, or who is present when the person is taken into custody, suspects on reasonable grounds—\n\n(a) that it is prudent to conduct a search of the person in order to ascertain whether the person is carrying any seizable items; or\n\n(b) that the person is carrying—\n\n(i) evidence of, or relating to, a terrorist act; or\n\n(ii) a seizable item.\n\n(2) The police officer may—\n\n(a) conduct a search of the person in the prescribed manner at, or soon after, the time when the person is taken into custody; and\n\n(b) seize any such thing found as a result of the search.\n\n(3) Any thing seized under subsection (2) must be dealt with in accordance with the regulations.\n\nS. 13AR inserted by No. 32/2018 s. 9.\n\n\t13AR Detention of children in a youth justice facility\n\n(1) This section applies if a police detention decision is made in relation to a child.\n\nS. 13AR(2) amended by No. 47/2021 s. 22(3)(a).\n\n(2) If the police detention decision provides that the child must be detained under this Part in a youth justice facility, the police officer who is detaining the child must request the Secretary to authorise the detention of that child in a youth justice facility.\n\nSee also section 13AD.\n\nS. 13AR(3) amended by No. 47/2021 s. 22(3)(a).\n\n(3) In all other cases, the police officer who is detaining the child under this Part may request the Secretary to authorise the detention of that child in a youth justice facility.\n\n(4) A request under subsection (2) or (3) must be accompanied by a written record that—\n\n(a) specifies that a police detention decision has been made in relation to the child; and\n\n(b) sets out—\n\n(i) the date on which, and time at which, the child was first taken into custody or detained under this Part; and\n\n(ii) whether any contact with the child has been prohibited under section 13AZZB and the terms of any prohibition.\n\n(5) The information in the record under subsection (4) must be sworn or affirmed by the authorised police officer.\n\nS. 13AR(6) amended by No. 47/2021 s. 22(3)(b).\n\n(6) If requested to do so under subsection (2) or (3), the Secretary, by instrument, may authorise the detention in a youth justice facility of a child being detained under this Part.\n\n(7) On the giving of an authorisation under subsection (6), a person at a youth justice facility acting under lawful authority on behalf of the Secretary may receive the child into the facility.\n\nSee also section 483(1) and (1A) of the **Children, Youth and Families Act 2005** and section 6E(1)(cab) of the **Corrections Act 1986**.\n\n(8) If a child is being detained in a youth justice facility under this Part—\n\n(a) the officer in charge of the facility is taken to be authorised to detain the child under this Part at the facility while the police detention decision is in effect in relation to the child; and\n\n(b) section 13AY applies in relation to the child's detention under this Part at the facility as if—\n\n(i) the officer in charge of that facility; or\n\n(ii) any other person involved in the child's detention at that facility—\n\nwere a police officer exercising authority under this Part in relation to the detention of the child; and\n\n(c) the police officer who made the request under subsection (2) or (3) is taken, while the child is detained at the facility, to be the police officer detaining the child for the purposes of Divisions 4, 5 and 7; and\n\n(d) a police officer may at any time enter the facility and visit the child being detained in the facility in connection with the exercise of powers under this Part and the performance of obligations in relation to the child's detention under this Part.\n\nS. 13AR(9) amended by No. 47/2021 s. 22(3)(b)(c).\n\n(9) The Secretary, by instrument, may delegate any function or power of the Secretary under this section (except this power of delegation) to any person, or class of person, employed in the Department of Justice and Community Safety under Part 3 of the **Public Administration Act 2004**.\n\nS. 13AS inserted by No. 32/2018 s. 9.\n\n\t13AS Application of Children, Youth and Families Act 2005 to children detained under this Part in a youth justice facility\n\n(1) No provision of the **Children, Youth and Families Act 2005** applies in respect of the detention of a child under this Part in a youth justice facility other than the following provisions of that Act—\n\n(a) section 17(1) and, to the extent that it relates to section 597(3) or 597(4), section 17(2);\n\n(b) section 482(1) other than paragraphs (b) to (d);\n\n(c) section 482(2) other than paragraphs (a) and (b);\n\n(d) section 482(3);\n\n(e) section 483(1) and 483(1A);\n\n(f) section 487 other than paragraph (f) to the extent that that paragraph applies to discriminatory treatment that is reasonable and necessary having regard to the nature of the child's detention;\n\n(g) sections 488A to 488G;\n\n(h) section 501;\n\n(i) section 597.\n\n(2) If a provision of the **Children, Youth and Families Act 2005** applies (with or without modification) in respect of the detention under this Part of a child in a youth justice facility, any provision of the regulations made under that provision, or under that Act for or with respect to that provision, also applies in respect of that detention with any necessary modifications.\n\n(3) The **Children, Youth and Families Act 2005**, in its application in respect of the detention of a child under this Part in a youth justice facility, has effect subject to this Part and, in the event of any inconsistency between that Act and this Part, this Part prevails over that Act.\n\nS. 13AT inserted by No. 32/2018 s. 9.\n\n\t13AT Transfer of detained child into legal custody of Chief Commissioner for questioning\n\n(a) a child is being detained under this Part in a youth justice facility; and\n\n(b) a police officer wants to question the child under Division 6.\n\nS. 13AT(2) amended by No. 47/2021 s. 22(4)(a).\n\n(2) An authorised police officer may request the Secretary to release the child from detention in the youth justice facility into the custody of a police officer.\n\n(3) A request under subsection (2) must be accompanied by a written record that—\n\n(a) specifies that a police detention decision has been made in relation to the child; and\n\n(b) sets out the date on which, and time at which, the child was first taken into custody or detained under this Part.\n\n(4) The information in the record under subsection (3) must be sworn or affirmed by the authorised police officer.\n\nS. 13AT(5) amended by No. 47/2021 s. 22(4)(b).\n\n(5) If requested to do so under subsection (2), the Secretary, by instrument, may authorise the release of the child from detention in the youth justice facility into the custody of a police officer.\n\n(6) On the giving of an authorisation under subsection (5), a police officer may take physical custody of the child.\n\nSee also section 483(1) and (1A) of the **Children, Youth and Families Act 2005** and section 6D(2AA) of the **Corrections Act 1986**.\n\nS. 13AU inserted by No. 32/2018 s. 9.\n\n\t13AU Return of child to youth justice facility at end of questioning\n\n(1) This section applies if a police officer has taken custody of a child under section 13AT(6) for the purpose of questioning that child under Division 6.\n\n(2) At the cessation of the questioning, the police officer who is detaining the child under this Part must deliver the child back to the youth justice facility at which the child was detained at the time of the request under section 13AT(2).\n\nSee also section 483(1) and (1A) of the **Children, Youth and Families Act 2005** and section 6E(1)(cab) of the **Corrections Act 1986**.\n\nS. 13AV inserted by No. 32/2018 s. 9.\n\n\t13AV Effect on period of detention of transfers of custody of children for questioning purposes\n\nTo avoid doubt, the transfer of the custody of a child under section 13AT or 13AU does not extend the maximum period for which the child may be detained under this Part.\n\nDivision 4—Informing person detained about police detention decision\n\nS. 13AW inserted by No. 32/2018 s. 9.\n\n\t13AW Effect of police detention decision to be explained to person detained\n\n(1) As soon as practicable after a person is first detained under section 13AH, the police officer who is detaining the person must inform the person of the matters covered by subsection (2).\n\n1 A contravention of this subsection may be an offence under section 13AZZX.\n\n2 A contravention of this section does not affect the lawfulness of the person's detention under this Part (see section 13AX(5)).\n\n(2) The matters covered by this subsection are—\n\n(a) the fact that a police detention decision has been made in relation to the person; and\n\n(b) the reasons for the making of the police detention decision; and\n\n(c) the maximum period for which the person may be detained under this Part; and\n\n(d) the fact that an interim preventative detention order or preventative detention order may be applied for in relation to the person; and\n\n(e) the maximum period for which the person may be detained under a preventative detention order; and\n\n(f) the fact that the person may be questioned by a police officer while in detention under this Part and the person's entitlement to reasonable breaks during questioning; and\n\n(g) the people that the person may contact while being detained under this Part; and\n\n(h) any restrictions that may apply to the people that the person may contact while the person is being detained under this Part; and\n\n(i) the fact that the person's communication with persons referred to in section 13AZQ, and with their lawyer, may be monitored under section 13AZX or 13AZY;\n\n(j) the person's entitlement under section 13AZZL to make representations to the nominated senior police officer in relation to—\n\n(i) the exercise of powers under this Part and the performance of obligations in relation to the detention of a person under this Part; or\n\nPowers and obligations of police officers under Division 9.\n\n(k) any right the person has to complain to the Ombudsman under the **Ombudsman Act** **1973** or the IBAC under the **Independent Broad-based Anti-corruption Commission Act 2011** in relation to—\n\n(i) the making of the police detention decision in relation to the person; or\n\n(l) the fact that the person may seek from a court a remedy relating to—\n\n(i) the police detention decision; or\n\n(m) in the case of a child being detained under this Part, the child's entitlement to contact the Commission for Children and Young People under section 13AZS; and\n\n(n) the person's entitlement to contact a lawyer under section 13AZV; and\n\n(o) the person's entitlement to contact a consular office under section 13AZE or 13AZT; and\n\n(p) the person's entitlement to an interpreter under section 13AZB or 13AZD; and\n\n(q) the name and work telephone number of the nominated senior police officer referred to in paragraph (j).\n\nS. 13AX inserted by No. 32/2018 s. 9.\n\n\t13AX Compliance with obligations to inform\n\n(1) Section 13AW(1) does not apply if the actions of the person being detained under this Part make it impracticable for the police officer to comply with that subsection.\n\n(2) The police officer detaining the person under this Part complies with section 13AW(1) if the police officer informs the person in substance of the matters covered by section 13AW(2) (even if this is not done in language of a precise or technical nature).\n\n(3) The police officer detaining the person under this Part must arrange for the assistance of an interpreter in complying with section 13AW(1) if the police officer has reasonable grounds to believe that the person is unable, because of inadequate knowledge of the English language or a disability, to communicate with reasonable fluency in that language.\n\n(4) Without limiting subsection (3), the assistance of the interpreter may be provided by telephone.\n\n(5) The lawfulness of a person's detention under this Part is not affected by a failure to comply with section 13AW(1) or subsection (3) of this section.\n\nDivision 5—Treatment of person detained\n\nS. 13AY inserted by No. 32/2018 s. 9.\n\n\t13AY Humane treatment of person being detained\n\nA person being taken into custody, or being detained, under this Part—\n\n(a) must be treated with humanity and with respect for human dignity; and\n\n(b) must not be subjected to cruel, inhuman or degrading treatment—\n\nby anyone exercising authority under this Part or implementing or enforcing the police detention decision in relation to the person.\n\nA contravention of this section may be an offence under section 13AZZX.\n\nS. 13AZ inserted by No. 32/2018 s. 9.\n\n\t13AZ Detention of children\n\n(1) Subject to subsection (2), the police officer detaining a child under this Part must ensure that the child is not detained together with persons who are 18 years of age or older.\n\n(2) Subsection (1) does not apply if the nominated senior police officer in relation to the child approves the child being detained together with persons who are 18 years of age or older.\n\n(3) The nominated senior police officer in relation to the child may give an approval under subsection (2) only if there are exceptional circumstances justifying the giving of the approval.\n\n(4) An approval under subsection (2) must—\n\n(a) be given in writing; and\n\n(b) set out the exceptional circumstances that justify the giving of the approval.\n\nS. 13AZA inserted by No. 32/2018 s. 9.\n\n\t13AZA Restrictions on contact with other people\n\n(1) Except as provided under this Division, Division 6 and Division 7, while a person is being detained under this Part, the person—\n\n(a) is not entitled to contact another person; and\n\n(b) may be prevented from contacting another person.\n\n(2) While a child is being detained under this Part in a youth justice facility, the child is required to give to a police officer exercising authority under this Part any letter that the child wishes to send to any person other than—\n\n(a) the Ombudsman under the **Ombudsman Act 1973**; or\n\n(b) the IBAC under the **Independent Broad-based Anti-corruption Commission Act 2011**; or\n\n(c) the Commission for Children and Young People.\n\n(3) The officer in charge of a youth justice facility who receives—\n\n(a) from a child being detained under this Part in the facility a letter required by subsection (2) to be given to a police officer referred to in that subsection; or\n\n(b) a letter sent to a child being detained under this Part in the facility—\n\nmust as soon as practicable give that letter to such a police officer.\n\n(4) Subsections (2) and (3) apply to legal documents exchanged between a lawyer and a child being detained under this Part in a youth justice facility as if that document were a letter.\n\n(5) A child being detained under this Part in a youth justice facility may retain any legal documents that are in the child's possession, subject to reasonable quantity limits imposed by the officer in charge of the youth justice facility.\n\nS. 13AZB inserted by No. 32/2018 s. 9.\n\n\t13AZB Special assistance for person with inadequate knowledge of English language or disability\n\nIf the police officer who is detaining a person under this Part has reasonable grounds to believe that the person is unable because of inadequate knowledge of the English language or a disability, to communicate with reasonable fluency in that language—\n\n(a) the police officer has an obligation under section 13AX(3) to arrange for the assistance of an interpreter in informing the person about—\n\n(i) the effect of the police detention decision in relation to the person; and\n\n(ii) the person's rights in relation to their detention under this Part; and\n\n(b) the police officer has an obligation under section 13AZW(2) to give the person reasonable assistance to—\n\n(i) choose a lawyer to act for the person in relation to the order; and\n\n(ii) contact the lawyer.\n\nDivision 6—Questioning\n\nSubdivision 1—Authority to question\n\nS. 13AZC inserted by No. 32/2018 s. 9.\n\n\t13AZC Questioning during detention\n\n(1) Subject to this Division, a police officer may question a person being detained under this Part in connection with—\n\n(a) a terrorist act in relation to which the police detention decision relating to the person was made; or\n\n(b) any other terrorist act that—\n\n(i) has occurred within 28 days before the day on which the police detention decision relating to the person was made; or\n\n(ii) the authorised police officer who made the police detention decision has reasonable grounds to suspect could occur within 14 days after the day on which the police detention decision relating to the person was made.\n\n(2) Before any questioning under subsection (1) commences, the police officer must inform the person being detained under this Part that—\n\n(a) the person does not have to say or do anything but that anything the person does say or do may be given in evidence; and\n\n(b) the person may communicate with or attempt to communicate with a lawyer (whether the term legal practitioner or lawyer is used); and\n\n(c) if the person is not a citizen or permanent resident of Australia—the person may communicate with or attempt to communicate with the consular office of the country of which the person is a citizen; and\n\n(d) if the police officer has reasonable grounds to believe that the person is unable, because of inadequate knowledge of the English language or a disability, to communicate with reasonable fluency in that language—the person may request the assistance of an interpreter.\n\n(3) In addition, before any questioning under subsection (1) commences, the police officer must inform the person being detained under this Part of the reasons for the making of the police detention decision.\n\n(4) The duration of any period of questioning of a person being detained under this Part must be reasonable.\n\n(5) The person must also be given—\n\n(a) a rest from questioning for a continuous period of 8 hours in any period of 24 hours of detention; and\n\n(b) reasonable breaks during any period of questioning.\n\n(6) This section does not prevent the questioning of a person being detained under this Part for the purposes of—\n\n(a) ensuring the safety and wellbeing of the person; or\n\n(b) allowing a police officer to comply with a requirement imposed by law on the police officer in relation to the detention of the person.\n\nS. 13AZD inserted by No. 32/2018 s. 9.\n\n\t13AZD Questioning to be deferred to allow for interpreter\n\n(1) This section applies if a police officer has reasonable grounds to believe that a person being detained under this Part is unable, because of inadequate knowledge of the English language or a disability, to communicate with reasonable fluency in that language.\n\n(2) A police officer must, before any questioning commences section 13AZC, arrange for the presence of a competent interpreter and defer the questioning until the interpreter is present.\n\nS. 13AZE inserted by No. 32/2018 s. 9.\n\n\t13AZE Questioning to be deferred to enable communication with lawyer or consular office\n\nSubject to section 13AZH or 13AZZB, a police officer must defer questioning under section 13AZC for a time that is reasonable in the circumstances to enable the person being detained to communicate, or attempt to communicate, with—\n\n(a) a lawyer; or\n\nSee also sections 13AZV and 13AZW.\n\n(b) if the person is not a citizen or permanent resident of Australia—the consular office of the country of which the person is a citizen.\n\nS. 13AZF inserted by No. 32/2018 s. 9.\n\n\t13AZF Role of lawyers during questioning\n\nIf a person being detained under this Part arranges for a lawyer to be present during the questioning under section 13AZC, the police officer conducting the questioning, subject to section 13AZH or 13AZZB, must—\n\n(a) before any questioning commences, allow the person to communicate with the lawyer; and\n\n(b) allow the lawyer to be present during any questioning and to give advice to the person.\n\nS. 13AZG inserted by No. 32/2018 s. 9.\n\n\t13AZG Questioning of children\n\n(1) This section applies if a person being detained under this Part is a child.\n\n(2) Subject to section 13AZH or 13AZZB, a police officer must not question the child under section 13AZC unless—\n\n(a) a parent or guardian of the child or, if a parent or guardian is not available, an independent person is present; and\n\n(b) before any questioning commences, the police officer has allowed the child to communicate with the child's parent or guardian or the independent person.\n\n(3) In addition but subject to subsection (5), if the child, or parent or guardian of the child, does not arrange for a lawyer to be present during questioning under section 13AZC, a police officer must request Victoria Legal Aid to arrange for a lawyer to be present during questioning.\n\n(4) Despite anything in the **Legal Aid Act 1978**, Victoria Legal Aid must arrange a lawyer (a ***VLA arranged lawyer***) to be present during questioning and to offer to provide legal advice to the child.\n\n(5) If during questioning of the child, a police officer believes on reasonable grounds that the VLA arranged lawyer is unreasonably interfering with the questioning, the police officer may stop that lawyer from being present during that questioning.\n\nIn the case of a lawyer who is not a VLA arranged lawyer, see section 13AZH.\n\n(6) During any questioning of the child, the child, the child's parent or guardian, the independent person or any lawyer who is present during questioning may request a break in the questioning if the child becomes distressed or unable to concentrate.\n\n(7) A police officer conducting the questioning must not unreasonably refuse to accede to a request under subsection (6).\n\nS. 13AZH inserted by No. 32/2018 s. 9.\n\n\t13AZH Communication with lawyers, consular officials, parents, guardians or independent person may be restricted\n\nA police officer does not have to comply with section 13AZE, 13AZF or 13AZG(2) if the police officer believes on reasonable grounds that—\n\n(a) the communication or contact would result in—\n\n(i) a risk arising in relation to action being taken to prevent a terrorist act occurring; or\n\n(ii) serious harm to a person; or\n\n(iii) the destruction of evidence of, or relating to, a terrorist act; or\n\n(iv) interference with the gathering of information about—\n\n(A) a terrorist act; or\n\n(B) the preparation for, or the planning of, a terrorist act; or\n\n(v) a risk arising in relation to—\n\n(A) the arrest of a person who is suspected of having committed an offence against Part 5.3 of the Criminal Code of the Commonwealth; or\n\n(B) the taking into custody of a person in relation to whom a police detention decision is in effect, or in relation to whom a police detention decision is likely to be made; or\n\n(C) the taking into custody of a person in relation to whom a preventative detention order is in force, or in relation to whom a preventative detention order is likely to be made; or\n\n(D) the service on a person of a Commonwealth control order; or\n\n(b) the questioning is so urgent, having regard to the safety of other people, that it should not be delayed; or\n\n(c) in the case of a lawyer who is present during the questioning, the lawyer is unreasonably interfering with the questioning.\n\nSubdivision 2—Recording of questioning\n\nS. 13AZI inserted by No. 32/2018 s. 9.\n\n\t13AZI Definitions\n\nIn this Subdivision—\n\nS. 13AZI def. of *authorised person* amended by No. 31/2024 s. 113(Sch. 1 item 39.4).\n\n***authorised person*** means any of the following—\n\n(a) a member of Victoria Police personnel (other than a protective services officer);\n\n(b) a person or body engaged to provide services to Victoria Police in relation to the installation or maintenance of recording equipment;\n\n(c) the Director of Public Prosecutions for Victoria or a person acting under the authority of the Director;\n\n(d) the Chief Crown Prosecutor or a Crown Prosecutor or Associate Crown Prosecutor appointed under the **Public Prosecutions Act 1994**;\n\n(e) a person employed in the Office of Public Prosecutions under the **Public Prosecutions Act 1994**;\n\n(f) a lawyer representing—\n\n(i) the State; or\n\n(ii) an informant;\n\n(g) a lawyer representing a person recorded under section 13AZK;\n\n(h) an officer or employee of Victoria Legal Aid employed under the **Legal Aid Act 1978**;\n\n(i) a court or a person acting under the direction of a court;\n\n(j) a coroner within the meaning of the **Coroners Act 2008** or a person acting under the direction of a coroner;\n\n(k) the Information Commissioner appointed under the **Freedom of Information Act 1982** or the Privacy and Data Protection Deputy Commissioner appointed under the **Privacy and Data Protection Act 2014**;\n\n(l) the Chief Examiner or an Examiner appointed under Part 3 of the **Major Crime (Investigative Powers) Act 2004** or a person acting under the direction of the Chief Examiner or an Examiner;\n\n(m) the Commissioner within the meaning of the **Independent Broad-based Anti-corruption Commission Act 2011** or a person acting under the direction of the Commissioner;\n\n(n) the Chief Integrity Inspector within the meaning of the **Integrity Oversight Victoria Act 2011** or a person acting under the direction of the Chief Integrity Inspector;\n\n(o) a member of the Legislative Assembly or Legislative Council or a person acting under the direction of the member;\n\n(p) a person, or person belonging to a class of persons, prescribed for the purposes of this definition;\n\n(q) a police officer or person acting under the direction of the police officer;\n\n(r) a person engaged by a Department or agency to store or retrieve a record;\n\n***publish*** means—\n\n(a) insert in a newspaper or other publication; or\n\n(b) disseminate by broadcast, telecast or cinematograph; or\n\n(c) bring to the notice of the public or any member of the public by any other means, including by publication on the Internet;\n\n***recording*** means a recording made in accordance with section 13AZK;\n\n***representation*** has the same meaning as in the **Evidence Act 2008**.\n\nS. 13AZJ inserted by No. 32/2018 s. 9.\n\n\t13AZJ Digital recordings\n\nIf this Subdivision requires an audio recording or an audiovisual recording to be made and the recording is made in a digitised format, the maker of the recording must certify that the recording has not been altered after its making and that the prescribed requirements, if any, in relation to the method of recording have been met.\n\nS. 13AZK inserted by No. 32/2018 s. 9.\n\n\t13AZK Recording of questioning\n\n(1) A police officer who questions a person under this Division must, in accordance with this section, record the following things (the ***questioning matter***)—\n\n(a) the questioning of the person;\n\n(b) the giving of information to the person under section 13AZC(2) and (3);\n\n(c) the person's responses (if any) to any questions and the giving of that information.\n\n(2) If the person being questioned is a child, the police officer must make an audiovisual recording of the questioning matter.\n\n(3) If the person being questioned is not a child, the police officer must ensure that—\n\n(a) an audiovisual recording is made of the questioning matter if it is practicable to do so; or\n\n(b) an audio recording is made of the questioning matter if it is not practicable for an audiovisual recording to be made of the questioning matter.\n\nS. 13AZL inserted by No. 32/2018 s. 9.\n\n\t13AZL Person questioned to be given copy of recordings\n\n(1) If the questioning of a person or the giving of information is recorded as required under section 13AZK, the police officer must give to the person or the person's lawyer without charge—\n\n(a) if either an audio recording or an audiovisual recording was made, a copy of that recording as soon as practicable but not later than 7 days after the recording was made; and\n\n(b) if both an audio recording and an audiovisual recording were made—\n\n(i) the audio recording as soon as practicable but not later than 7 days after the recording was made; and\n\n(ii) if the person is charged with an offence to which the recording relates, a copy of the audiovisual recording as soon as practicable but not later than 7 days after the person is charged; and\n\n(c) if a transcript of the recording is prepared, a copy of the transcript as soon as practicable but not later than 7 days after the transcript was made.\n\n(2) The person or the lawyer representing the person may request an additional copy of the audiovisual recording referred to in subsection (1).\n\n(3) On receiving a request under subsection (2), a police officer must give an additional copy of the audiovisual recording.\n\nS. 13AZM inserted by No. 32/2018 s. 9.\n\n\t13AZM Evidence of representations\n\n(1) Subject to subsection (2), evidence of a representation made by a person detained under this Part that is adverse to the person's interests is inadmissible as evidence against the person in a proceeding for an offence unless—\n\n(a) that representation was recorded by audio recording or audiovisual recording under section 13AZK; and\n\n(b) if either an audio recording or an audiovisual recording was made, that recording or, if both an audio recording and an audiovisual recording were made, the audiovisual recording is available to be tendered in evidence.\n\n(2) A court may admit evidence of a representation made by a person detained under this Part that is otherwise inadmissible by reason of subsection (1) if the person seeking to adduce the evidence satisfies the court on the balance of probabilities that the circumstances—\n\n(a) are exceptional; and\n\n(b) justify the reception of the evidence.\n\nS. 13AZN inserted by No. 32/2018 s. 9.\n\n\t13AZN Offences in relation to recordings\n\n(1) A person must not knowingly possess an audio recording or an audiovisual recording unless the person—\n\n(a) is the person who was questioned and given information under section 13AZC and the audio recording or audiovisual recording is a recording of that questioning and that giving of information; or\n\n(b) is a lawyer representing the person referred to in paragraph (a); or\n\n(c) is an authorised person acting in the performance of their duties; or\n\n(d) has possession of the recording in a sealed package in the course of their duties as a person engaged by a person referred to in paragraph (a), (b) or (c) to transport the recording to that person.\n\n(2) A person must not play an audio recording or an audiovisual recording to another person unless—\n\n(a) the recording is played for purposes connected with any civil or criminal proceeding and any inquiry before any court or tribunal; or\n\n(b) the recording is played for purposes connected with an investigation of a death or a fire or an inquest held by a coroner; or\n\n(c) the recording is played for purposes connected with disciplinary action against a police officer under the **Victoria Police Act 2013**; or\n\n(d) the recording is played for purposes connected with disciplinary action against a lawyer; or\n\n(e) the recording is played in accordance with the direction of a court under section 13AZO; or\n\n(f) the recording is played by an authorised person acting in the course of their duties.\n\n(3) A person must not supply or offer to supply an audio recording or an audiovisual recording to another person other than—\n\n(b) a lawyer representing the person referred to in paragraph (a); or\n\n(c) an authorised person acting in the performance of their duties; or\n\n(d) a person engaged by a person referred to in paragraph (a), (b) or (c) to transport the recording.\n\n(4) A person, other than an authorised person acting in the performance of their duties, must not copy the whole or any part of an audio recording or an audiovisual recording or permit another person to make such a copy, unless the person is acting in accordance with the direction of a court under section 13AZO.\n\n(5) An authorised person must not knowingly or recklessly tamper with, modify or erase (in whole or in part) a recording while the recording is being retained under section 13AZP, except in accordance with the direction of a court under section 13AZO.\n\n(6) A person must not publish or cause to be published the whole or any part of an audio recording or an audiovisual recording except in accordance with the direction of a court under section 13AZO.\n\nPenalty: In the case of a natural person, level 7 imprisonment (2 years maximum);\n\nIn the case of a body corporate, 1200 penalty units.\n\nS. 13AZO inserted by No. 32/2018 s. 9.\n\n\t13AZO Court may give directions in relation to a recording\n\nA court may give directions, with or without conditions, as to the supply, copying, editing, erasure, playing or publishing of an audio recording or an audiovisual recording.\n\nS. 13AZP inserted by No. 32/2018 s. 9.\n\n\t13AZP Retention of copy of recording\n\n(1) The Chief Commissioner must keep a copy of a recording, if the recording has been made by a police officer under this Division, in safe custody.\n\n(2) A recording referred to in subsection (1) must be kept for a period of 7 years from the making of the recording.\n\n(3) If a court is satisfied that there is good cause to keep a copy of a recording for a period longer than 7 years, the court may order that the Chief Commissioner retain the copy for a further period specified in the order.\n\n(4) An application for an order under subsection (3) may be made by—\n\n(b) an authorised person acting in the performance of the person's duties.\n\n(5) The court must not make an order under subsection (3) unless—\n\n(a) the court is satisfied that the applicant has given reasonable notice of the application to—\n\n(i) the person in relation to whom the recording was made; and\n\n(ii) the Chief Commissioner; and\n\n(b) the court has given that person and the Chief Commissioner a reasonable opportunity to be heard.\n\n(a) if a criminal proceeding to which the recording relates has commenced but has not been completed, the court hearing the proceeding;\n\n(b) in any other case, the Magistrates' Court.\n\nDivision 7—Contact with other people\n\nS. 13AZQ inserted by No. 32/2018 s. 9.\n\n\t13AZQ Contacting family members etc.\n\n(2) A person being detained under this Part is entitled to contact once any one or more of the following persons solely for the purposes of letting the person contacted know that the person being detained is safe and is being detained—\n\n(a) the person's parents or one of person's other family members;\n\n(b) if the person—\n\n(i) lives with another person and that other person is not a family member of the person being detained; or\n\n(ii) lives with other people and those other people are not family members of the person being detained—\n\nthat other person or one of those other people;\n\n(c) if the person is employed—the person's employer;\n\n(d) if the person employs people in a business—one of the people the person employs in that business;\n\n(e) if the person engages in a business together with another person or other people—that other person or one of those other people;\n\n(f) if the police officer detaining the person agrees to the person contacting another person—that person.\n\n(3) The form of contact that the person being detained is entitled to have with another person under subsection (2) is by telephone or electronic communication.\n\n(4) To avoid doubt, the person being detained under this Part is entitled, under subsection (2), to disclose—\n\n(a) the fact that a police detention decision has been made in relation to the person; and\n\n(b) the fact that the person is being detained; and\n\n(5) In addition, a police officer detaining a person under this Part must allow the person, while being detained, to have further contact with one or more of the person's family members or any other person if it is reasonably practicable for that contact to happen.\n\n(6) To avoid doubt, the person being detained is entitled to disclose the following to a person with whom the person has contact under subsection (5)—\n\n(a) the fact that a police detention decision has been made in relation to the person;\n\n(b) the fact that the person is being detained;\n\n(7) The form of contact that the person being detained under this Part is entitled to have with another person under subsection (5) includes—\n\nS. 13AZR inserted by No. 32/2018 s. 9.\n\n\t13AZR Contacting the Ombudsman or the IBAC\n\nA person being detained under this Part is entitled to contact the Ombudsman under the **Ombudsman Act 1973** or the IBAC.\n\nS. 13AZS inserted by No. 32/2018 s. 9.\n\n\t13AZS Contacting the Commission for Children and Young People\n\n(1) A person being detained under this Part who is a child is entitled to contact the Commission for Children and Young People.\n\n(2) The form of contact that the child is entitled to have with another person under subsection (1) includes—\n\nS. 13AZT inserted by No. 32/2018 s. 9.\n\n\t13AZT Contact with consular office\n\n(2) A person being detained under this Part who is not a citizen or permanent resident of Australia is entitled to contact the consular office of the country of which the person is a citizen.\n\nS. 13AZU inserted by No. 32/2018 s. 9.\n\n\t13AZU Contact with special counsel\n\nA person being detained under this Part is entitled to contact a special counsel appointed under section 32 to represent the person's interests under Part 5 for the purposes of section 33(1)(b) or (2)(b).\n\nS. 13AZV inserted by No. 32/2018 s. 9.\n\n\t13AZV Contacting lawyer\n\n(2) A person being detained under this Part is entitled to contact a lawyer but solely for the purpose of—\n\n(a) the person's entitlement to communicate with a lawyer under section 13AZE or 13AZF; or\n\n(b) obtaining advice from the lawyer about the person's legal rights in relation to—\n\n(i) the police detention decision made in relation to the person; or\n\n(ii) the questioning of the person under Division 6; or\n\n(iii) the treatment of the person while in detention under this Part; or\n\n(c) arranging for the lawyer to act for the person in relation to, and instructing the lawyer in relation to, a proceeding in a court—\n\n(i) for a remedy relating to—\n\n(A) the police detention decision made in relation to the person; or\n\n(B) the treatment of the person while in detention under this Part; or\n\n(ii) relating to an application for a preventative detention order, a prohibited contact order or a counter-terrorism intelligence protection order; or\n\n(d) arranging for the lawyer to act for the person in relation to, and instructing the lawyer in relation to, a complaint to the Ombudsman under the **Ombudsman Act 1973**, a complaint to the IBAC under Part 9 of the **Victoria Police Act 2013** or an investigation by the IBAC under Part 3 of the **Independent Broad-based Anti-corruption Commission Act 2011** in relation to—\n\n(i) the making of the police detention decision in relation to the person; or\n\n(ii) the treatment of the person by a police officer while in detention under this Part; or\n\n(e) arranging for the lawyer to act for the person in relation to an appearance, or hearing, before a court or tribunal in a proceeding to which the person is a party or in which the person otherwise has standing to appear that is to take place while the person is being detained under this Part.\n\n(3) The form of contact that the person being detained under this Part is entitled to have with a lawyer under subsection (2) includes—\n\n(a) being visited by the lawyer; and\n\n(b) communicating with the lawyer by telephone or electronic communication; and\n\n(c) exchanging legal documents with the lawyer.\n\nS. 13AZW inserted by No. 32/2018 s. 9.\n\n\t13AZW Police assistance in choosing a lawyer in certain cases\n\n(a) the person being detained under this Part (or, if the person is a child or is incapable of managing their affairs, a person with whom the person has contact under section 13AZZ) asks to be allowed to contact a particular lawyer under section 13AZV(2); and\n\n(i) the person is not entitled to contact that lawyer because of section 13AZH or 13AZZB; or\n\n(ii) the person is not able to contact that lawyer—\n\nthe police officer who is detaining the person must give the person reasonable assistance to choose another lawyer for the person to contact under section 13AZV(2).\n\n(2) If the police officer who is detaining a person under this Part has reasonable grounds to believe that—\n\n(a) the person is unable, because of inadequate knowledge of the English language, or a disability, to communicate with reasonable fluency in that language; and\n\n(b) the person may have difficulties in choosing or contacting a lawyer because of that inability—\n\nthe police officer must give the person reasonable assistance (including, if appropriate, by arranging for the assistance of an interpreter) to choose and contact a lawyer under section 13AZV(2).\n\n(3) In recommending lawyers as part of giving a person assistance under subsection (1) or (2), the police officer who is detaining the person may give priority to lawyers who have been given a security clearance at an appropriate level by the Attorney-General's Department of the Commonwealth.\n\n(4) Despite subsection (3) but subject to section 13AZZB, the person is entitled under this section to contact a lawyer who does not have a security clearance of the kind referred to in subsection (3).\n\nS. 13AZX inserted by No. 32/2018 s. 9.\n\n\t13AZX Monitoring contact under section 13AZQ with family members etc.\n\n(1) The contact that a person being detained under this Part has with another person under section 13AZQ may take place only if it is conducted in such a way that the contact, and the content and meaning of the communication that takes place during the contact, can be effectively monitored by a police officer exercising authority under this Part.\n\n(2) The contact may take place in a language other than English only if the content and meaning of the communication that takes place during the contact can be effectively monitored with the assistance of an interpreter.\n\n(3) Without limiting subsection (2), the interpreter referred to in that subsection may be a police officer.\n\n(4) If the person being detained indicates that they wish the contact to take place in a language other than English, the police officer who is detaining the person must—\n\n(a) arrange for the services of an appropriate interpreter to be provided if it is reasonably practicable to do so during the period during which the person is being detained; and\n\nS. 13AZY inserted by No. 32/2018 s. 9.\n\n\t13AZY Monitoring contact under section 13AZV with lawyers\n\n(1) Subject to subsection (2), the contact that a person being detained under this Part has with a lawyer under section 13AZV must not be monitored.\n\n(2) The contact that a person being detained under this Part has with a lawyer under section 13AZV may be monitored if the nominated senior police officer in relation to the detained person is satisfied that it is reasonably necessary that the contact be monitored.\n\n(3) If the contact that a person being detained under this Part has with a lawyer under section 13AZV is to be monitored, the contact may take place only if it is conducted in such a way that the contact, and the content and meaning of the communication that takes place during the contact, can be effectively monitored by a police officer exercising authority under this Part.\n\n(4) The contact may take place in a language other than English only if the content and meaning of the communication that takes place during the contact can be effectively monitored with the assistance of an interpreter.\n\n(5) Without limiting subsection (4), the interpreter referred to in that subsection may be a police officer.\n\n(6) If the person being detained indicates that they wish the contact to take place in a language other than English, the police officer who is detaining the person must—\n\n(a) arrange for the services of an appropriate interpreter to be provided if it is reasonably practicable to do so during the period during which the person is being detained; and\n\n(7) The following are not admissible in evidence against the person who is being, or has been, detained under this Part in any proceedings in a court or tribunal—\n\n(a) any communication between the person and a lawyer for a purpose referred to in section 13AZV(2)(a), (b), (c), (d) or (e);\n\n(b) any information derived from, or obtained as a result of, the monitoring of any communication between the person and a lawyer for a purpose referred to in section 13AZV(2)(a), (b), (c), (d) or (e).\n\n(8) This section does not apply to any contact the person being detained has with a lawyer under section 13AZV for the purpose of any communication under section 33(1)(b) or (2)(b).\n\nS. 13AZZ inserted by No. 32/2018 s. 9.\n\n\t13AZZ Special contact rules for person who is a child or incapable of managing own affairs\n\n(1) This section applies—\n\n(a) if the person being detained under this Part—\n\n(i) is a child; or\n\n(ii) is incapable of managing their affairs; and\n\n(b) subject to section 13AZZB.\n\n(2) The person is entitled, while being detained, to have contact with—\n\n(b) another person who—\n\n(i) is able to represent the person's interests; and\n\n(ii) is, as far as practicable in the circumstances, acceptable to the person and to the police officer who is detaining the person; and\n\n(iii) is not a police officer; and\n\n(iv) is not an AFP member or an AFP employee (within the meaning of the Australian Federal Police Act 1979 of the Commonwealth); and\n\n(v) is not a member (however described) of a police force or police service of another State or of a Territory; and\n\n(vi) is not an officer or employee of the Australian Security Intelligence Organisation.\n\n(3) To avoid doubt—\n\n(a) if the person being detained (the ***detainee***) has 2 parents or 2 or more guardians, the detainee is entitled to have contact, under subsection (2), with each of those parents or guardians; and\n\n(b) the detainee is entitled to disclose the following to a person with whom the detainee has contact under subsection (2)—\n\n(i) the fact that a police detention decision has been made in relation to the detainee;\n\n(ii) the fact that the detainee is being detained;\n\n(iii) the period for which the detainee is being detained.\n\n(4) The form of contact that the person being detained is entitled to have with another person under subsection (2) includes—\n\n(b) communicating with the other person by telephone or electronic communication.\n\n(5) The period for which the person being detained is entitled to have contact with another person each day under subsection (2) is—\n\n(a) 2 hours; or\n\n(b) any longer period that is permitted by the police officer who is detaining the person.\n\n(6) The contact that the person being detained has with another person under subsection (2) must be conducted in such a way that the content and meaning of any communication that takes place during the contact can be effectively monitored by a police officer exercising authority under this Part.\n\n(7) If the communication that takes place during the contact takes place in a language other than English, the contact may continue only if the content and meaning of the communication in that language can be effectively monitored with the assistance of an interpreter.\n\n(8) Without limiting subsection (7), the interpreter referred to in that subsection may be a police officer.\n\n(9) If the person being detained indicates that they wish the communication that takes place during the contact to take place in a language other than English, the police officer who is detaining the person must—\n\n(a) arrange for the services of an appropriate interpreter to be provided if it is reasonably practicable to do so during the period during which the person is being detained; and\n\nS. 13AZZA inserted by No. 32/2018 s. 9.\n\n\t13AZZA Nominated senior police officer must inform parent or guardian not to disclose certain information\n\n(a) the person being detained under this Part has contact under section 13AZZ(2) with a parent or guardian of the person; and\n\n(b) contact with another parent or guardian of the person is prohibited under section 13AZZB.\n\n(2) The nominated senior police officer in relation to the person being detained must inform the parent or guardian with whom the person has had contact that the parent or guardian must not disclose to the other parent or guardian information of the kind referred to in section 13AZZR(1)(b)(i), (ii) or (iii).\n\nS. 13AZZB inserted by No. 32/2018 s. 9.\n\n\t13AZZB Contact prohibited in certain cases\n\nThe authorised police officer who made the police detention decision that relates to the person being detained under this Part may prohibit contact under section 13AZQ, 13AZT, 13AZV, or 13AZZ if the officer believes on reasonable grounds that contact would result in—\n\n(a) a risk arising in relation to action being taken to prevent a terrorist act occurring; or\n\n(b) serious harm to a person; or\n\n(c) the destruction of evidence of, or relating to, a terrorist act; or\n\n(d) interference with the gathering of information about—\n\n(i) a terrorist act; or\n\n(ii) the preparation for, or the planning of, a terrorist act; or\n\n(e) a risk arising in relation to—\n\n(i) the arrest of a person who is suspected of having committed an offence against Part 5.3 of the Criminal Code of the Commonwealth; or\n\n(ii) the taking into custody of a person in relation to whom a police detention decision is in effect, or in relation to whom a police detention decision is likely to be made; or\n\n(iii) the taking into custody of a person in relation to whom a preventative detention order is in force, or in relation to whom a preventative detention order is likely to be made; or\n\n(iv) the service on a person of a Commonwealth control order.\n\nDivision 8—Taking and using identification material\n\nS. 13AZZC inserted by No. 32/2018 s. 9.\n\n\t13AZZC References to appropriate person in this Division\n\nA reference in this Division to an ***appropriate person*** in relation to a child or a person who is incapable of managing their affairs (a ***vulnerable person***), is a reference to a person who—\n\n(a) is capable of representing the vulnerable person's interests; and\n\n(b) as far as is practicable in the circumstances, is acceptable to the vulnerable person and the police officer who is detaining the vulnerable person under this Part; and\n\n(c) is none of the following—\n\n(i) a police officer;\n\n(ii) an AFP member or an AFP employee (within the meaning of the Australian Federal Police Act 1979 of the Commonwealth);\n\n(iii) a member (however described) of a police force or police service of another State or of a Territory;\n\n(iv) an officer or employee of the Australian Security Intelligence Organisation.\n\nS. 13AZZD inserted by No. 32/2018 s. 9.\n\n\t13AZZD Taking identification material\n\n(1) A police officer must not take identification material from a person who is being detained under this Part except in accordance with this section.\n\n(2) A police officer who is of or above the rank of sergeant may take identification material from the person, or cause identification material from the person to be taken, if—\n\n(a) the person consents in writing; or\n\n(b) the police officer believes on reasonable grounds that it is necessary to do so for the purpose of confirming the person's identity as the person in relation to whom the police detention decision is made; or\n\n(c) the police officer believes on reasonable grounds that it is necessary to do so for the purpose of documenting an illness or injury suffered by the person while being detained under this Part.\n\n(3) A police officer may use such force as is necessary and reasonable in the circumstances to take identification material from a person under this section.\n\n(4) Subject to this section, a police officer must not take identification material (other than hand prints, finger prints, foot prints or toe prints) from—\n\n(a) a child; or\n\n(b) a person who is incapable of managing their affairs—\n\nunless the Magistrates' Court or the Children's Court (in the case of a child) orders that the material be taken.\n\n(5) In deciding whether to make an order referred to in subsection (4), the Magistrates' Court or the Children's Court (as the case requires) must have regard to—\n\n(a) the age, or any disability, of the person; and\n\n(b) such other matters as it thinks fit.\n\n(6) The taking of identification material from a child, or a person who is incapable of managing their affairs, must be done in the presence of—\n\n(b) if a parent or guardian of the person is not acceptable to the person—another appropriate person.\n\n1 For ***appropriate person***, see section 13AZZC.\n\n2 A contravention of this subsection may be an offence under section 13AZZX.\n\nS. 13AZZD(7) amended by No. 2/2024 s. 41(2).\n\n(7) Despite this section, identification material may be taken from a child, or a person who is incapable of managing their affairs, if—\n\n(a) subsections (9) and (10) are satisfied; or\n\n(b) subsection (9) or (10) is satisfied (but not both) and the Children's Court orders that the material be taken.\n\n(8) In deciding whether to make an order referred to in subsection (7)(b), the Children's Court must have regard to the matters set out in subsection (5).\n\n(9) For the purposes of subsection (7), this subsection is satisfied if the child or person agrees in writing to the taking of the material.\n\n(10) For the purposes of subsection (7), this subsection is satisfied if either of the following agrees in writing to the taking of the material—\n\n(a) a parent or guardian of the child or person;\n\n(b) if a parent or guardian is not acceptable to the child or person—another appropriate person.\n\nFor ***appropriate person***, see section 13AZZC.\n\nS. 13AZZE inserted by No. 32/2018 s. 9.\n\n\t13AZZE Use of identification material\n\n(1) This section applies if identification material is taken under section 13AZZD from a person being detained under this Part.\n\n(2) The material may be used only for the purpose of determining whether the person is the person in relation to whom the police detention decision is made.\n\nS. 13AZZE(3) amended by No. 47/2021 s. 22(5).\n\n(3) To avoid doubt, if the person is being detained in a youth justice facility under this Part, the material may be provided to the Secretary and used by them only for the purpose of identifying the person while the person is detained in the youth justice facility.\n\nS. 13AZZF inserted by No. 32/2018 s. 9.\n\n\t13AZZF Destruction of identification material\n\n(a) a period of 12 months elapses after the identification material is taken under this Division from a person detained under this Part (the ***holding period***); and\n\n(b) proceedings in respect of—\n\n(i) the police detention decision relating to the person; or\n\n(ii) the treatment of the person while in detention under this Part—\n\nhave not been commenced, or have been commenced and discontinued or completed, within the holding period.\n\nS. 13AZZF(2) amended by No. 47/2021 s. 22(6).\n\n(2) The identification material (including identification material provided to the Secretary) must be destroyed as soon as practicable after the end of the holding period.\n\nDivision 9—End of and release from detention\n\nS. 13AZZG inserted by No. 32/2018 s. 9.\n\n\t13AZZG When does detention under this Part end?\n\n(1) Subject to this section, a person's detention under this Part ends—\n\n(a) at the end of the maximum police detention period; or\n\n(b) if the person—\n\n(i) is taken into custody for the purposes of Subdivision (30A) of Division 1 of Part III of the **Crimes Act 1958** in relation to the commission of an indictable offence in Victoria; or\n\n(ii) is arrested under Division 4 of Part IAA, or Part IC, of the Crimes Act 1914 of the Commonwealth; or\n\n(iii) becomes a protected suspect (within the meaning of Part IC of the Crimes Act 1914 of the Commonwealth).\n\n(2) A person's detention under this Part must end before the end of the maximum police detention period if the police officer detaining the person, or the nominated police senior officer in relation to that person, is satisfied that the grounds on which the police detention decision in relation to the person was made have ceased to exist.\n\nThe nominated police senior officer may be satisfied that the grounds on which the police detention decision in relation to the person cease to exist after the conduct of a periodic review.\n\n(3) In addition, if a preventative detention order is made in relation to the person and the order takes effect before the end of the maximum police detention period, the person's detention under this Part ends when the order takes effect.\n\n(4) If subsection (1)(a) or (2) applies, the police officer who is detaining a person under this Part must, without delay, release the person from detention or arrange for the person's release from detention.\n\nS. 13AZZH inserted by No. 32/2018 s. 9.\n\n\t13AZZH Process for release of person from detention by police officer\n\n(1) The police officer who releases, or arranges in writing for the release of, a person from detention under this Part must give the person a written statement that the person is being released from that detention. The statement must be signed by the police officer.\n\n(2) Subsection (1) does not apply if the police officer releases, or arranges in writing for the release of, the person from detention so that the person may be dealt with—\n\n(a) under Subdivision (30A) of Division 1 of Part III of the **Crimes Act 1958**; or\n\nS. 13AZZH (2)(b) amended by No. 9/2025 s. 52.\n\n(b) in accordance with a warrant under section 34BA or 34BB of the Australian Security Intelligence Organisation Act 1979 of the Commonwealth; or\n\nSee also section 13AZZI.\n\n(c) under the provisions of Division 4 of Part IAA, or Part IC, of the Crimes Act 1914 of the Commonwealth.\n\nS. 13AZZI (Heading) amended by No. 9/2025 s. 53(1).\n\nS. 13AZZI inserted by No. 32/2018 s. 9.\n\n\t13AZZI Warrant under section 34BA or 34BB of the Australian Security Intelligence Organisation Act 1979 of the Commonwealth\n\n(a) a person is being detained under this Part; and\n\nS. 13AZZI (1)(b) amended by No. 9/2025 s. 53(2).\n\n(b) a warrant under section 34BA or 34BB of the Australian Security Intelligence Organisation Act 1979 of the Commonwealth is in force in relation to the person; and\n\n(c) a copy of the warrant is given to the police officer who is detaining the person under this Part.\n\n(2) The police officer must take such steps as are necessary to ensure that the person may be dealt with in accordance with the warrant.\n\n(3) Without limiting subsection (2), the police officer may, under section 13AZZH, release, or arrange in writing for the release of, the person from detention under this Part so that the person may be dealt with in accordance with the warrant.\n\n(4) To avoid doubt, the fact that the person is released from detention under this Part so that the person may be—\n\n(a) questioned before a prescribed authority under the warrant; or\n\n(b) detained under the warrant in connection with that questioning—\n\ndoes not extend the period for which the police detention decision remains in effect in relation to the person.\n\nDivision 10—Oversight by nominated senior police officers\n\nS. 13AZZJ inserted by No. 32/2018 s. 9.\n\n\t13AZZJ Nominated senior police officers\n\n(1) The Chief Commissioner, as soon as practicable after the making of the police detention decision in relation to a person, must nominate a police officer of or above the rank of superintendent (a ***nominated senior police officer***) in relation to that person.\n\n(2) A nominated senior police officer must be someone who was not involved in the making of the police detention decision.\n\nS. 13AZZK inserted by No. 32/2018 s. 9.\n\n\t13AZZK Role of nominated senior police officer\n\nA nominated senior police officer must—\n\n(a) oversee the exercise of powers under this Part and the performance of obligations in relation to the detention of the person under this Part; and\n\n(b) in accordance with section 13AZZN, undertake reviews as to whether the person's detention under this Part should continue; and\n\n(c) receive and consider any representations that are made under section 13AZZL.\n\nS. 13AZZL inserted by No. 32/2018 s. 9.\n\n\t13AZZL Representations to a nominated senior police officer\n\n(1) The following persons are entitled to make representations to a nominated senior police officer in relation to a specified matter—\n\n(a) a person being detained under this Part;\n\n(b) the Ombudsman under the **Ombudsman Act 1973** or the IBAC Commissioner;\n\n(c) the Commission for Children and Young People;\n\n(d) a lawyer acting for a person being detained under this Part;\n\n(e) a person with whom a person being detained under this Part has contact under section 13AZZ(2);\n\n(f) a person exercising authority under the police detention decision in relation to the person or implementing or enforcing the decision (including, if a child is detained in a youth justice facility under this Part, the officer in charge of the facility or any other person involved in the child's detention at that facility).\n\n(2) For the purposes of subsection (1), a specified matter is—\n\n(a) the exercise of powers under this Part and the performance of obligations in relation to the detention of a person under this Part; or\n\n(b) without limiting paragraph (a), compliance with Division 9; or\n\n(c) the treatment of the person while in detention under this Part.\n\n(3) A representation under subsection (1) may be made for the purpose of a periodic review.\n\nS. 13AZZM inserted by No. 32/2018 s. 9.\n\n\t13AZZM Integrity and children oversight bodies to be notified of police detention decision and person being taken into custody\n\n(1) The nominated senior police officer in relation to a person being detained under this Part must give written notice of the specified information to the following entities as soon as practicable after the officer knows of that information—\n\n(a) the Ombudsman under the **Ombudsman Act 1973**;\n\n(b) the IBAC Commissioner;\n\n(c) if the person is a child—\n\nS. 13AZZM (1)(c)(i) amended by No. 47/2021 s. 22(7).\n\n(i) the Secretary; and\n\n(ii) the Commission for Children and Young People.\n\n(2) For the purposes of subsection (1), the specified information is—\n\n(a) the making of the police detention decision; and\n\n(b) if the person in relation to whom the police detention decision is made is taken into custody under this Part, that the person has been taken into custody.\n\nS. 13AZZN inserted by No. 32/2018 s. 9.\n\n\t13AZZN Periodic review of detention under this Part\n\n(1) The nominated senior police officer in relation to a person being detained under this Part must review whether the person's detention under this Part should continue.\n\n(2) Without limiting subsection (1), the nominated senior police officer must—\n\n(a) review the basis for detention under this Part including, whether the grounds on which the police detention decision in relation to the person was made have ceased to exist; and\n\n(b) assess—\n\n(i) whether there are reasonable grounds to believe that the person has committed an indictable offence in Victoria; or\n\n(ii) whether there is sufficient information for an investigating official to arrest the person in respect of the commission of an offence in Victoria, and because of that information, for the person to be in the company of an investigating official to be questioned or to participate in an investigation in order to determine the person's involvement (if any) in the commission of that offence; or\n\n(iii) whether there are reasonable grounds to believe that the person has committed a Commonwealth offence (within the meaning of Part IC of the Crimes Act 1914 of the Commonwealth); or\n\n(iv) whether the person could be a protected suspect (within the meaning of Part IC of the Crimes Act 1914 of the Commonwealth).\n\n(3) In conducting a review, the nominated senior police officer must have regard to—\n\n(a) any submission of a Public Interest Monitor under section 4K in relation to the review; and\n\n(b) any representation made under section 13AZZL.\n\n(4) The nominated senior police officer must conduct a review as soon as practicable after the person is taken into custody under this Part and, after that, no later than 12 hours after the last review.\n\n(5) In deciding when to conduct a review, the nominated senior police officer must have regard to a Public Interest Monitor's availability to perform and exercise the Monitor's functions and powers under Division 2 of Part 1A in relation to the review before it is conducted.\n\n(6) For the purposes of subsection (5), the nominated senior police officer must contact a Public Interest Monitor, in accordance with the regulations, to ascertain that availability.\n\n(7) On completing a review, the nominated senior police officer must, without delay, notify, in writing, the police officer who is detaining that person under this Part of the nominated senior police officer's conclusions on the review.\n\nSee also section 4H.\n\n***investigating official*** has the meaning given by section 464(2) of the **Crimes Act 1958**.\n\nDivision 11—Restrictions on disclosure of information relating to detention\n\nS. 13AZZO inserted by No. 32/2018 s. 9.\n\n\t13AZZO Definitions\n\nIn this Division—\n\n***detainee*** means a person detained under this Part.\n\nS. 13AZZP inserted by No. 32/2018 s. 9.\n\n\t13AZZP Detainees prohibited from disclosing certain information\n\nA detainee commits an offence if—\n\n(a) the detainee intentionally discloses to another person—\n\n(i) the fact that a police detention decision has been made in relation to them; or\n\n(ii) the fact that they are being detained under this Part; or\n\n(iii) the fact that contact has been prohibited under this Part; and\n\n(b) the disclosure occurs while the detainee is being detained under this Part; and\n\n(c) the disclosure is not one that the detainee is entitled to make under section 13AZQ, 13AZR, 13AZS, 13AZT, 13AZU, 13AZV or 13AZZ.\n\nS. 13AZZQ inserted by No. 32/2018 s. 9.\n\n\t13AZZQ Lawyers prohibited from disclosing certain information\n\n(1) A lawyer commits an offence if—\n\n(a) the detainee contacts the lawyer under section 13AZV or a person with whom the detainee has contact under section 13AZZ contacts the lawyer for a purpose for which the detainee is entitled to contact a lawyer under section 13AZV; and\n\n(b) the lawyer intentionally discloses to another person—\n\n(iii) any information that the detainee or other person gives the lawyer in the course of the contact; and\n\n(c) the disclosure occurs while the detainee is being detained under this Part; and\n\n(d) the disclosure is not made for the purposes of—\n\n(i) a proceeding in a court for a remedy relating to—\n\n(A) the police detention decision made in relation to the detainee; or\n\n(B) the treatment of the detainee while in detention under this Part; or\n\n(ii) a proceeding in a court relating to an application for a preventative detention order, a prohibited contact order or a counter-terrorism intelligence protection order; or\n\n(iii) a complaint to the Ombudsman underthe **Ombudsman Act 1973**, a complaint to the IBAC under Part 9 ofthe **Victoria Police Act 2013**,  a complaint under section 52 of the **Independent Broad-based Anti‑corruption Commission Act 2011** or  an investigation by the IBAC under Part 3 of that Act  in relation to—\n\n(A) the making of the police detention decision; or\n\n(B) the treatment of the detainee by a police officer while in detention under this Part; or\n\n(iv) communicating with the Commission for Children and Young People in relation to the performance or exercise of the Commission's functions or powers under or in relation to this Part; or\n\n(v) making representations to the nominated senior police officer in relation to the detainee, or another police officer involved in the detainee's detention, about—\n\n(A) the exercise of powers under this Part; or\n\n(B) the performance of obligations in relation to the detainee's detention under this Part; or\n\n(C) the treatment of the detainee while in detention under this Part.\n\n(2) To avoid doubt, a lawyer does not contravene subsection (1) merely by letting another person know that the detainee is safe but is not able to be contacted for a specified period.\n\nS. 13AZZR inserted by No. 32/2018 s. 9.\n\n\t13AZZR Parents or guardians prohibited from disclosing certain information\n\n(1) A parent or guardian of a detainee commits an offence if—\n\n(a) the detainee has contact with the parent or guardian under section 13AZZ; and\n\n(b) the parent or guardian intentionally discloses to another person—\n\n(iii) any information that the detainee gives the parent or guardian in the course of the contact; and\n\n(c) the other person is not a person the detainee is entitled to have contact with under section 13AZZ; and\n\n(d) the disclosure occurs while the detainee is being detained under this Part; and\n\n(e) the disclosure is not made for the purposes of—\n\n(i) a complaint to the Ombudsman under the **Ombudsman Act 1973** or the IBAC under Part 9 of the **Victoria Police Act 2013** in relation to the making of the police detention decision or the treatment of the detainee by a police officer while in detention under this Part; or\n\n(ii) contacting a lawyer whom the detainee is entitled to contact under section 13AZV for any purpose for which the detainee is entitled to contact that lawyer under that section; or\n\n(iii) making representations to the nominated senior police officer in relation to the detainee, or another police officer involved in the detainee's detention, about—\n\n(A) the exercise of powers under this Part; or\n\n(B) the performance of obligations in relation to the detainee's detention under this Part; or\n\n(C) the treatment of the detainee while in detention under this Part.\n\nS. 13AZZR(2) amended by No. 47/2021 s. 22(8)(a).\n\n(2) A person who is employed in the Department of Justice and Community Safety, or the Department of Health and Human Services, under Part 3 of the **Public Administration Act 2004** does not contravene subsection (1) merely by making a disclosure to another person employed in that Department in the exercise of powers or performance of functions under or in connection with any Act.\n\nNote to s. 13AZZR(2) amended by No. 47/2021 s. 22(8)(b).\n\nA child may be in the custody of the Secretary under the **Children, Youth and Families Act 2005**. The Secretary to the Department of Health and Human Services may have parental responsibility for a child under that Act or be the guardian of a child under the **Adoption Act 1984**. A Secretary's functions may be delegated to staff in the Department.\n\n(3) To avoid doubt, a person does not contravene subsection (1) merely by letting another person know that the detainee is safe but is not able to be contacted for a specified period.\n\nS. 13AZZS inserted by No. 32/2018 s. 9.\n\n\t13AZZS Parent or guardian of detainee prohibited from disclosing certain information to another parent or guardian\n\nA parent or guardian of a detainee commits an offence if—\n\n(a) the detainee has contact with the parent or guardian under section 13AZZ; and\n\n(b) while the detainee is being detained under this Part, the parent or guardian intentionally discloses any of the following information to another parent or guardian of the detainee (the ***other parent or guardian***)—\n\n(i) the fact that a police detention decision has been made in relation to the detainee;\n\n(ii) the fact that the detainee is being detained under this Part;\n\n(iii) any information that the detainee gives the parent or guardian in the course of the contact; and\n\n(c) when the disclosure is made, the detainee has not had contact with the other parent or guardian under section 13AZZ while being detained under this Part; and\n\n(d) when the disclosure is made, the parent or guardian has been informed under section 13AZZA(2) by the nominated senior police officer in relation to the detainee that the parent or guardian must not disclose information of that kind to the other parent or guardian.\n\nS. 13AZZT inserted by No. 32/2018 s. 9.\n\n\t13AZZT Nominated senior police officer may inform parent or guardian they cannot contact other parent or guardian in certain cases\n\n(1) This section applies if a parent or guardian of a detainee informs the nominated senior police officer in relation to the detainee that the parent or guardian proposes to disclose information of the kind mentioned in section 13AZZS(b) to another parent or guardian of the detainee.\n\n(2) The nominated senior police officer may inform the parent or guardian that the detainee is not entitled to contact the other parent or guardian under section 13AZZ.\n\nThe parent or guardian may commit an offence against section 13AZZS if the other parent or guardian is a person the detainee is not entitled to have contact with under section 13AZZ and the parent or guardian does disclose information of that kind to the other parent or guardian. This is because of the operation of section 13AZZS(c).\n\nS. 13AZZU inserted by No. 32/2018 s. 9.\n\n\t13AZZU Interpreters prohibited from disclosing certain information\n\nA person who is an interpreter and who assists in monitoring the contact that a detainee has with someone while the detainee is being detained under this Part commits an offence if—\n\n(a) the person intentionally discloses to another person—\n\n(iii) any information that the person obtains in the course of assisting in the monitoring of that contact; and\n\n(b) the disclosure occurs while the detainee is being detained under this Part.\n\nS. 13AZZV inserted by No. 32/2018 s. 9.\n\n\t13AZZV Disclosure recipient prohibited from disclosing certain information they receive\n\nA person (a ***disclosure recipient***) commits an offence if—\n\n(a) a person (an ***earlier discloser***) discloses to the disclosure recipient—\n\n(i) the fact that a police detention decision has been made in relation to a person; or\n\n(ii) the fact that a person is being detained under this Part; or\n\n(iii) any information that a person communicates to a person while the person is being detained under this Part; and\n\n(b) the disclosure by the earlier discloser to the disclosure recipient contravenes—\n\n(i) section 13AZZP, 13AZZQ, 13AZZR, 13AZZS or 13AZZU; or\n\n(ii) this section; and\n\n(c) the disclosure recipient intentionally discloses that information to another person; and\n\n(d) the disclosure by the disclosure recipient occurs while the person referred to in paragraph (a)(i), (ii) or (iii) is being detained under this Part; and\n\n(e) the disclosure is not made to a person exercising authority under this Part or implementing or enforcing the decision or with responsibility for the safety or wellbeing of the person being detained under this Part.\n\nS. 13AZZW inserted by No. 32/2018 s. 9.\n\n\t13AZZW Monitors of contact between detainee and lawyer prohibited from disclosing certain information\n\n(a) the person, under section 13AZY, monitors, or assists in the monitoring of, contact that a detainee has with a lawyer under section 13AZV; and\n\n(b) information is communicated in the course of that contact; and\n\n(c) the information is communicated for one of the purposes referred to in section 13AZV(2); and\n\n(d) the person intentionally discloses that information to another person.\n\nSee also section 13AZZ(5).\n\nDivision 12—Miscellaneous\n\nS. 13AZZX inserted by No. 32/2018 s. 9.\n\n\t13AZZX Offences of contravening safeguards\n\n(a) the person does an act or omits to perform an act; and\n\n(b) the act or omission contravenes—\n\n(i) section 13AK(1); or\n\n(ii) section 13AL(2); or\n\n(iii) section 13AW(1); or\n\n(iv) section 13AY; or\n\n(v) section 13AZ(1); or\n\n(vi) section 13AZW(1); or\n\n(vii) section 13AZY(1); or\n\n(viii) section 13AZZA(2); or\n\n(ix) section 13AZZD(1), (4) or (6); or\n\n(x) section 13AZZE(2).\n\nPenalty: Level 7 imprisonment (2 years maximum).\n\nS. 13AZZY inserted by No. 32/2018 s. 9.\n\n\t13AZZY Police detaining person under a police detention decision\n\n(a) a number of police officers are detaining, or involved in the detention of, a person under this Part at a particular time; and\n\n(b) a power or obligation is expressed in this Part to be conferred or imposed on the police officer detaining the person.\n\n(2) For the purposes of this Part, the power or obligation is conferred or imposed at that time on the most senior of those police officers.\n\nS. 13AZZZ inserted by No. 32/2018 s. 9.\n\n\t13AZZZ Ombudsman etc. functions and powers not affected\n\nThis Part does not affect a function or power of the Ombudsman under the **Ombudsman Act 1973** or the IBAC under Part 9 of the **Victoria Police Act 2013** or Part 3 of the **Independent Broad-based Anti-corruption Commission Act 2011**.\n\nS. 13AZZZA inserted by No. 32/2018 s. 9.\n\n\t13AZZZA Law relating to legal professional privilege and client legal privilege not affected\n\nTo avoid doubt, this Part does not affect the law relating to legal professional privilege or client legal privilege.\n\nS. 13AZZZB (Heading) amended by No. 31/2024 s. 113(Sch. 1 item 39.5).\n\nS. 13AZZZB inserted by No. 32/2018 s. 9.\n\n\t13AZZZB Report to Integrity Oversight Victoria\n\nS. 13AZZZB(1) amended by No. 31/2024 s. 113(Sch. 1 item 39.6).\n\n(1) If an authorised police officer makes a police detention decision in relation to a person and that person's detention under this Part ends in accordance with Division 9, the authorised police officer must, no later than 7 days after the end of the person's detention, make a report to Integrity Oversight Victoria in accordance with this section.\n\n(2) The report must state—\n\n(a) the name of the authorised police officer who made the police detention decision; and\n\n(b) the date and time that the person was taken into custody and detained under this Part; and\n\n(c) the date and time that the detention of the person under this Part ended; and\n\n(d) whether the person was arrested, detained under a preventative detention order or released in accordance with Division 9; and\n\n(e) the name of the nominated senior police officer in relation to the person.\n\nS. 13AZZZC inserted by No. 32/2018 s. 9.\n\n\t13AZZZC Person's detention does not prevent provision of medical, dental, psychiatric, physiological or pharmaceutical services\n\nNothing in this Part or a police detention decision prevents a person detained under this Part being taken to a place and detained there in connection with the carrying out of an examination for, or the provision of, any necessary medical, dental, psychiatric, physiological or pharmaceutical services.\n\nPt 2A (Headings and ss 13A–13ZV) inserted by No. 5/2006 s. 4.\n\n","sortOrder":63},{"sectionNumber":"Part 2A","sectionType":"part","heading":"Preventative detention orders","content":"Part 2A—Preventative detention orders\n\nS. 13A inserted by No. 5/2006 s. 4.\n\n","sortOrder":64},{"sectionNumber":"13A","sectionType":"section","heading":"Object of Part","content":"\t13A Object of Part\n\nThe object of this Part is to allow a person to be taken into custody and detained for up to 14 days in order to—\n\nS. 13A(a) substituted by No. 32/2018 s. 41(1).\n\n(a) prevent a terrorist act that is capable of being carried out, and could occur, within the next 14 days; or\n\n(b) preserve evidence of, or relating to, a recent terrorist act.\n\nNote to s. 13A repealed by No. 32/2018 s. 41(2).\n\nS. 13B inserted by No. 5/2006 s. 4, amended by Nos 48/2006 s. 42(Sch. item 35.1), 82/2012 s. 167(1), 17/2014 s. 160(Sch. 2 item 97), 37/2014 s. 10(Sch. item 167.6), repealed by No. 32/2018 s. 10.\n\nDivision 2—Preventative detention orders\n\nS. 13C inserted by No. 5/2006 s. 4.\n\n","sortOrder":65},{"sectionNumber":"13C","sectionType":"section","heading":"Application for preventative detention order","content":"\t13C Application for preventative detention order\n\nS. 13C(1) amended by Nos 37/2014 s. 10(Sch. item 167.7), 32/2018 s. 11(1).\n\n(1) Subject to subsection (1A), an authorised police officer (the ***applicant***) may apply to the Supreme Court for a preventative detention order in relation to a person (the ***subject***) if—\n\n(a) the applicant is satisfied that—\n\n(i) there are reasonable grounds to suspect that the subject—\n\n(B) possesses or has under his or her control (whether solely or jointly with any other person) a thing that is connected with the preparation for, or the engagement of a person in, a terrorist act; or\n\n(ii) making the order would substantially assist in preventing a terrorist act occurring; and\n\n(iii) detaining the subject for the period for which the applicant is seeking to have him or her detained under the order is reasonably necessary for the purpose referred to in subparagraph (ii); or\n\n(b) the applicant is satisfied that—\n\n(ii) it is necessary to detain the subject to preserve evidence of, or relating to, the terrorist act; and\n\n(iii) detaining the subject for the period for which the applicant is seeking to have him or her detained under the order is reasonably necessary for the purpose referred to in subparagraph (ii).\n\nS. 13C(1A) inserted by No. 32/2018 s. 11(2).\n\n(1A) An authorised police officer must make an application under subsection (1) if the person is a child and is in detention under Part 2AA as soon as practicable after the child is taken into custody under that Part but no later than 36 hours after the child is taken into custody under that Part.\n\nS. 13C(2) substituted by No. 32/2018 s. 42.\n\n(2) A terrorist act referred to in subsection (1)(a) must be capable of being carried out, and could occur, within the next 14 days.\n\nS. 13D inserted by No. 5/2006 s. 4.\n\n","sortOrder":66},{"sectionNumber":"13D","sectionType":"section","heading":"Form and content of application","content":"\t13D Form and content of application\n\n(1) An application under section 13C must—\n\n(b) set out the facts and other grounds on which the applicant considers that the preventative detention order should be made; and\n\n(c) specify the period for which the applicant is seeking to have the person detained under the order and set out the facts and other grounds on which the applicant considers that the person should be detained for that period; and\n\n(d) set out the information (if any) that the applicant has about the person's age and capacity to manage his or her affairs; and\n\n(e) set out the following—\n\n(i) the outcomes and particulars of all previous applications for preventative detention orders in relation to the person;\n\n(ii) the information (if any) that the applicant has about—\n\n(A) 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;\n\n(B) the outcomes and particulars of all previous applications for variations of Commonwealth control orders made in relation to the person;\n\nS. 13D(1)  \n(e)(ii)(C) amended by No. 32/2018 s. 12(1)(a).\n\n(C) the outcomes of all previous applications for revocations of Commonwealth control orders made in relation to the person;\n\nS. 13D(1)  \n(e)(iia) inserted by No. 32/2018 s. 12(1)(b).\n\n(iia) set out the information (if any) that the applicant has about any periods for which the person has been detained under Part 2AA; and\n\n(f) set out the information (if any) that the applicant has about any periods for which the person has been detained under an order made under a corresponding preventative detention law; and\n\n(g) set out a summary of the grounds on which the applicant considers that the order should be made.\n\nS. 13D(2) substituted by No. 32/2018 s. 12(2).\n\n(2) To avoid doubt, subsection (1)(g) does not require counter-terrorism intelligence to be included in the summary.\n\n(a) a preventative detention order is made in relation to a person on the basis of assisting in preventing a terrorist act occurring within a particular period; and\n\n(b) the person is taken into custody under the order; and\n\n(c) an application is made for another preventative detention order in relation to the person on the basis of assisting in preventing a different terrorist act occurring within that period—\n\nthe application must also identify the information on which the application is based that became available only after the preventative detention order referred to in paragraph (a) was made.\n\nSee section 13K(1).\n\nS. 13D(3A) inserted by No. 32/2018 s. 12(3).\n\n(3A) If—\n\n(a) a police detention decision is made in relation to a person on the basis of assisting in preventing a terrorist act occurring within a particular period; and\n\n(b) the person is taken into custody under Part 2AA; and\n\n(c) an application is made for a preventative detention order in relation to the person on the basis of assisting in preventing a different terrorist act occurring within that period—\n\nthe application must also identify the information on which the application is based that became available only after the police detention decision was made.\n\nSee section 13K(1A).\n\n(a) an order for a person's detention is made under a corresponding preventative detention law on the basis of assisting in preventing a terrorist act occurring within a particular period; and\n\n(b) the person is taken into custody under that order; and\n\n(c) an application is made for a preventative detention order in relation to the person on the basis of assisting in preventing a different terrorist act occurring within that period—\n\nthe application must also identify the information on which the application is based that became available only after the order referred to in paragraph (a) was made.\n\nSee section 13K(2).\n\nS. 13D(5) amended by No. 6/2018 s. 68(Sch. 2 item 124.4).\n\n(5) The information in the application must be sworn or affirmed by the applicant.\n\nNote to s. 13D(5) repealed by No. 6/2018 s. 68(Sch. 2 item 124.5).\n\nS. 13D(6) substituted by No. 32/2018 s. 12(4).\n\n(6) An application may only be made without notice of it being given to the person in relation to whom the preventative detention order is being sought if the person is not in detention—\n\n(a) under Part 2AA; or\n\n(b) under an order made under a corresponding preventative detention law.\n\nS. 13D(7) inserted by No. 30/2006 s. 6(1), amended by Nos 32/2018 s. 79(1), 47/2021 s. 22(9).\n\n(7) The applicant must give notice of the application to the Secretary if the person in relation to whom a preventative detention order is being sought is under 18 years of age.\n\nS. 13D(8) inserted by No. 30/2006 s. 6(1).\n\n(8) The validity of an application is not affected by a failure to comply with subsection (7).\n\nS. 13DA inserted by No. 72/2011 s. 47.\n\n\t13DA Public Interest Monitor to be notified of application\n\nThe applicant for a preventative detention order must notify a Public Interest Monitor of the application in accordance with the regulations under the **Public Interest Monitor Act 2011**.\n\nS. 13E inserted by No. 5/2006 s. 4.\n\n","sortOrder":67},{"sectionNumber":"13E","sectionType":"section","heading":"Preventative detention orders","content":"\t13E Preventative detention orders\n\n(1) The Supreme Court may, on an application under section 13C, make a preventative detention order in relation to a person if—\n\n(a) satisfied on reasonable grounds that—\n\n(i) the person—\n\n(B) possesses or has under his or her control (whether solely or jointly with any other person) a thing that is connected with the preparation for, or the engagement of a person in, a terrorist act; or\n\n(ii) making the order would substantially assist in preventing a terrorist act occurring; and\n\n(iii) detaining the person for the period for which he or she is to be detained under the order is reasonably necessary for the purpose referred to in subparagraph (ii); or\n\n(b) satisfied on reasonable grounds that—\n\n(ii) it is necessary to detain the person to preserve evidence of, or relating to, the terrorist act; and\n\n(iii) detaining the person for the period for which he or she is to be detained under the order is reasonably necessary for the purpose referred to in subparagraph (ii).\n\nS. 13E(1A) inserted by No. 72/2011 s. 48(1).\n\n(1A) In making an order under this section, the Supreme Court must have regard to any submissions made by the Public Interest Monitor.\n\nS. 13E(1B) inserted by No. 32/2018 s. 66.\n\n(1B) The Supreme Court may decide that it is satisfied as required by subsection (1) only if it is satisfied by acceptable, cogent evidence that is of sufficient weight to justify making a preventative detention order.\n\nS. 13E(2) substituted by No. 32/2018 s. 43.\n\n(2) A terrorist act referred to in subsection (1)(a) must be capable of being carried out, and could occur, within the next 14 days.\n\nS. 13E(2A) inserted by No. 32/2018 s. 13(1).\n\n(2A) Without limiting subsection (1), the Supreme Court may make a preventative detention order subject to—\n\n(a) a condition that prohibits the questioning, under Division 5A, of the person in relation to whom the order is made while the person is detained under the order (a ***questioning prohibition condition***); or\n\n(b) a condition (a ***questioning limitation condition***) that limits the questioning, under Division 5A, of the person in relation to whom the order is made while the person is detained under the order to specified times in a day or for a specified period, or both.\n\nS. 13E(2B) inserted by No. 32/2018 s. 13(1).\n\n(2B) The Supreme Court may make a preventative detention order subject to a questioning prohibition condition or questioning limitation condition if it is satisfied, on reasonable grounds, that in all the circumstances it is appropriate to do so.\n\nS. 13E(2C) inserted by No. 32/2018 s. 13(1).\n\n(2C) Without limiting subsection (1), in the case of an application under section 13C in relation to a child, the Supreme Court may make a preventative detention order subject to conditions if it is satisfied, on reasonable grounds, that in all the circumstances it is appropriate to do so.\n\nS. 13E(3) amended by No. 37/2014 s. 10(Sch. item 167.7), substituted by No. 32/2018 s. 13(2).\n\n(3) The Supreme Court may refuse to make a preventative detention order unless—\n\n(a) the authorised police officer applying for it gives the Court any further information that it requests concerning the grounds on which the order is sought; and\n\n(b) in the case of an application under section 13C in relation to a child and in relation to which the Court is considering making the order subject to conditions, the authorised police officer applying for the order satisfies the Court that any such conditions can be met.\n\nS. 13E(4) amended by No. 32/2018 s. 13(3).\n\n(4) The Supreme Court may, if in its opinion it is desirable to do so, make an interim preventative detention order pending the hearing and final determination of the application.\n\nThe maximum period during which a person may be detained under an interim order is 48 hours or until the final determination of the application, whichever is the later: see subsection (6) and section 13G(2).\n\n(5) If the Supreme Court makes an interim preventative detention order, it must—\n\n(a) specify a day on which, and time at which, the hearing of the application is to be resumed; and\n\n(b) direct the applicant to cause notice of the resumed hearing to be given to—\n\n(i) the person in relation to whom the interim order is made; and\n\n(ii) if the applicant is aware of the identity of a lawyer who acts for that person in relation to any matter, that lawyer.\n\nS. 13E(5A) inserted by No. 72/2011 s. 48(2).\n\n(5A) The applicant must notify a Public Interest Monitor of the resumed hearing in accordance with the regulations under the **Public Interest Monitor Act 2011**.\n\n(6) An interim preventative detention order that, but for this subsection, would cease to have effect before the application is finally determined, continues to have effect, subject to section 13G(1), until the application is finally determined.\n\n(7) On finally determining an application following the making of an interim preventative detention order, the Supreme Court may by order—\n\n(a) confirm the order without variation or vary the period specified in the order as the period during which the person in relation to whom it is made may be detained under it or vary the order to include, or omit, a provision of a kind referred to in section 13F(6); or\n\nThe period of detention in the confirmed order may be extended, or further extended, under section 13I.\n\n(b) revoke the order if not satisfied as mentioned in subsection (1).\n\nS. 13E(8) amended by Nos 48/2006 s. 42(Sch. item 35.2), 32/2018 s. 79(2), 47/2021 s. 22(10).\n\n(8) If the person in relation to whom the interim preventative detention order is made is being detained in a prison or youth justice facility, the applicant for that order must cause a copy of any order made under subsection (7) to be given to the Secretary as soon as practicable after it is made.\n\n(9) On the hearing by the Supreme Court of an application under section 13C (including a resumed hearing referred to in subsection (5))—\n\nS. 13E(9)(a) amended by No. 32/2018 s. 13(4).\n\n(a) the person in relation to whom a preventative detention order is being sought (including a person in relation to whom an interim preventative detention order is in force or a person detained under Part 2AA) is entitled to appear and give evidence, call witnesses, examine and cross-examine witnesses, adduce material and make submissions; but\n\n(b) the absence of that person does not prevent the Supreme Court from determining, or finally determining, the application.\n\n(10) If the person who is the subject of an application to the Supreme Court under section 13C is not legally represented on the hearing of the application (including a resumed hearing referred to in subsection (5)), the Supreme Court may order Victoria Legal Aid to provide legal representation for that person on that hearing if satisfied that it is in the interests of justice to do so having regard to the financial circumstances of that person or any other circumstances.\n\n(11) Despite anything in the **Legal Aid Act 1978**, Victoria Legal Aid must provide legal representation in accordance with an order under subsection (10).\n\nS. 13F inserted by No. 5/2006 s. 4.\n\n","sortOrder":68},{"sectionNumber":"13F","sectionType":"section","heading":"Nature of preventative detention order","content":"\t13F Nature of preventative detention order\n\n(1) A preventative detention order is an order that the person in relation to whom it is made may be—\n\nS. 13F(1)(a) substituted by No. 32/2018 s. 14(1)(a).\n\n(a) taken into custody unless the person is already being detained under—\n\n(i) a preventative detention order, or an order for the person's detention made under a corresponding preventative detention law, that is in force or was in force immediately before the making of the new order; or\n\n(ii) Part 2AA; and\n\nS. 13F(1)(b) amended by No. 32/2018 s. 14(1)(b).\n\n(b) detained under the preventative detention order during the period that—\n\n(i) starts when the person is first taken into custody or detained under the order (the ***start***); and\n\n(ii) ends a specified period of time after the start.\n\n(2) The order must be in writing.\n\n(3) Subject to section 13G, the period of time specified in the order under subsection (1)(b)(ii) must not exceed 14 days.\n\n(4) A preventative detention order must set out—\n\nS. 13F(4)(a) amended by No. 70/2015 s. 7.\n\n(a) the name of the person in relation to whom it is made or, if the name of the person is uncertain, any name or names by which the person is known to Victoria Police; and\n\n(b) the period during which the person may be detained under the order; and\n\n(c) the place or places where the person may be, or must not be, detained under the order or, if the person is under 18 years of age, the place or class of place where the person must be detained under the order; and\n\nSee subsection (8) for rules as to where a person under 18 years of age may be detained.\n\n(d) the date on which, and the time at which, the order is made; and\n\nS. 13F(4)(da) inserted by No. 32/2018 s. 14(2)(a).\n\n(da) the fact that the person may be questioned by a police officer while detained under the order if the order is not subject to a condition referred to in section 13E(2A)(a); and\n\n(e) whether the person is allowed to have any further contact with a person under section 13ZD(4) and, if so—\n\n(i) the person or persons with whom he or she may have contact;\n\n(ii) the period for which he or she may have contact on any day and the number of days on which he or she may have such contact;\n\n(iii) any other conditions applicable to the contact; and\n\n(f) if applicable, particulars of the order for the person's detention made under a corresponding preventative detention law on the ceasing to have effect of which the order is to start to have effect; and\n\nSee section 13H(1).\n\n(g) if applicable, the date and time after which the person may not be taken into custody under the order; and\n\nSee section 13H(2).\n\nS. 13F(4)(ga) inserted by No. 32/2018 s. 14(2)(b).\n\n(ga) any questioning prohibition condition or questioning limitation condition to which it is subject; and\n\nS. 13F(4)(gb) inserted by No. 32/2018 s. 14(2)(b).\n\n(gb) if the order is in relation to a child, any condition under section 13E(2C) to which it is subject; and\n\n(h) a summary of the grounds on which the order is made.\n\nS. 13F(5) substituted by No. 32/2018 s. 14(3).\n\n(5) To avoid doubt, subsection (4)(h) does not require counter-terrorism intelligence to be included in the summary.\n\n(6) A preventative detention order may contain a provision directing that the contact that the person in relation to whom it is made has with a lawyer under section 13ZF must not be monitored in accordance with section 13ZG if the Supreme Court is satisfied that it is appropriate to give such a direction.\n\n(7) If the person in relation to whom the order is made is—\n\n(a) under 18 years of age; or\n\n(b) incapable of managing his or her affairs—\n\nthe order may provide that the period each day for which the person is entitled to have contact with another person under section 13ZH(2) is the period of more than 2 hours that is specified in the order.\n\nS. 13F(8) amended by Nos 30/2006 s. 6(2), 48/2006 s. 42(Sch. item 35.3(a)), 32/2018 s. 79(1), 47/2021 s. 22(11).\n\n(8) If the person in relation to whom the order is made is under 18 years of age, the order must provide that the person must be detained in a youth justice facility unless the Supreme Court, having considered any evidence given or submissions made by or on behalf of the Secretary, is satisfied that it is reasonably necessary for the person to be detained at a place other than a youth justice facility having regard to—\n\n(a) the person's age and vulnerability;\n\nS. 13F(8)(b) amended by No. 48/2006 s. 42(Sch. item 35.3(a)).\n\n(b) the likely impact that detention in a place other than a youth justice facility will have on the person;\n\n(c) the grounds on which the order is made;\n\n(d) the risk posed by the person to—\n\n(i) the national or international security of Australia; or\n\nS. 13F(8)(d)(ii) amended by No. 48/2006 s. 42(Sch. item 35.3(a)).\n\n(ii) other persons detained in a youth justice facility; or\n\nS. 13F(8)(d)(iii) amended by No. 48/2006 s. 42(Sch. item 35.3(a)).\n\n(iii) the good order and safe operation of a youth justice facility;\n\nS. 13F(8)(e) amended by No. 48/2006 s. 42(Sch. item 35.3(a)).\n\n(e) the availability of a place in a youth justice facility for the person to be detained in compliance with the terms of the order;\n\n(f) any other factor that the Supreme Court considers relevant.\n\nS. 13F(8A) inserted by No. 69/2009 s. 54(Sch. Pt 1 item 55.1).\n\n(8A) Nothing in subsection (8) prevents the application of Part 3.10 of the **Evidence Act 2008**.\n\nS. 13F(9) amended by No. 48/2006 s. 42(Sch. item 35.3(b)), substituted by No. 32/2018 s. 14(4).\n\n(9) Nothing in this Part or a preventative detention order prevents a person detained under a preventative detention order being taken to a place and detained there in connection with the carrying out of an examination for, or the provision of, any necessary medical, dental, psychiatric, physiological or pharmaceutical services.\n\nDivision 3 of Part 8 of the **Corrections Act 1986** (as modified by section 13W(6) of this Act) provides for the issue of a custodial community permit to a person detained in a prison for a purpose relating to his or her health. Section 597 of the **Children, Youth and Families Act 2005** (as applied by section 13WA(5) of this Act) provides for medical services and operations in the case of a person detained in a youth justice facility.\n\n(10) The senior police officer nominated under section 13P(4) in relation to the preventative detention order must—\n\nS. 13F(10)(a) amended by Nos 34/2008 s. 143(Sch. 2 item 13.1), 82/2012 s. 167(2)(a).\n\n(a) notify the Ombudsman under the **Ombudsman Act 1973** and the IBAC in writing of the making of the order; and\n\nS. 13F(10)(b) amended by No. 82/2012 s. 167(2)(b).\n\n(b) give the Ombudsman and the IBAC a copy of the order; and\n\nS. 13F(10)(c) amended by No. 82/2012 s. 167(2)(b).\n\n(c) if the person in relation to whom the order is made is taken into custody under the order, notify the Ombudsman and the IBAC in writing that the person has been taken into custody under the order.\n\nS. 13F(11) inserted by No. 32/2018 s. 14(5).\n\n(11) In addition, in the case of a preventative detention order relating to a child, the senior police officer nominated under section 13P(4) in relation to that order must—\n\n(a) notify the Commission for Children and Young People, in writing, of the making of the order; and\n\n(b) give the Commission for Children and Young People a copy of the order; and\n\n(c) if the child is taken into custody under the order, notify the Commission for Children and Young People, in writing, that the child has been taken into custody under the order.\n\nS. 13G inserted by No. 5/2006 s. 4.\n\n","sortOrder":69},{"sectionNumber":"13G","sectionType":"section","heading":"Duration of preventative detention orders","content":"\t13G Duration of preventative detention orders\n\nS. 13G(1) amended by No. 32/2018 s. 15.\n\n(1) Subject to subsection (2), the maximum period (including that period, as extended, or further extended, under section 13I) that may be specified in a preventative detention order made by the Supreme Court as the period during which a person may be detained under the order is 14 days less any period during which the person is actually detained under—\n\nS. 13G(1)(a) inserted by No. 32/2018 s. 15.\n\n(a) an order for the person's detention made under a corresponding preventative detention law on the same basis; and\n\nS. 13G(1)(b) inserted by No. 32/2018 s. 15.\n\n(b) Part 2AA on the same basis.\n\n(2) The maximum period that may be specified in an interim preventative detention order made by the Supreme Court as the period during which a person may be detained under the order is 48 hours.\n\nThe order may continue to have effect after the 48 hours: see section 13E(6).\n\n(3) To avoid doubt, for the purposes of subsection (1) orders are made on the same basis if—\n\n(a) in the case of orders made on the basis of preventing a terrorist act from occurring, they relate to the same terrorist act occurring within the same period; and\n\n(b) in the case of orders made on the basis of preserving evidence of, or relating to, a terrorist act, they relate to the same terrorist act.\n\nS. 13H inserted by No. 5/2006 s. 4.\n\n","sortOrder":70},{"sectionNumber":"13H","sectionType":"section","heading":"When order starts and ceases to have effect","content":"\t13H When order starts and ceases to have effect\n\n(1) A preventative detention order in relation to a person starts to have effect—\n\n(a) if the preventative detention order so provides, on an order for the person's detention made under a corresponding preventative detention law ceasing to have effect; or\n\n(b) in any other case, when it is made.\n\nNote to s. 13H(1) substituted as Notes by No. 32/2018 s. 16.\n\n1 When the order starts to have effect it authorises the person to be taken into custody, if necessary (see section 13F(1)(a)). The period for which the person may be detained under the order only starts to run when the person is first taken into custody or detained under the order (see section 13F(1)(b)).\n\n2 See also Division 9 of Part 2AA.\n\n(2) A preventative detention order in relation to a person under which the person is required to be taken into custody ceases to have effect at the end of the period of 48 hours after the order is made if the person has not been taken into custody under the order within that period.\n\n(3) If a preventative detention order does not cease to have effect under subsection (2), it ceases to have effect when whichever of the following first occurs—\n\n(a) the end of—\n\n(i) the period specified in the order as the period during which the person may be detained under the order; or\n\n(ii) if that period is extended or further extended under section 13I—that period as extended or further extended;\n\n(b) the revocation of the order under section 13E, 13N or 13O.\n\nThe order does not cease to have effect merely because the person is released from detention under the order.\n\nS. 13I inserted by No. 5/2006 s. 4.\n\n","sortOrder":71},{"sectionNumber":"13I","sectionType":"section","heading":"Extension of preventative detention order","content":"\t13I Extension of preventative detention order\n\nS. 13I(1) amended by No. 37/2014 s. 10(Sch. item 167.7).\n\n(a) a preventative detention order is made by the Supreme Court in relation to a person on the final determination of an application under section 13C; and\n\n(b) the order is in force in relation to the person—\n\nan authorised police officer may apply to the Supreme Court for an extension, or a further extension, of the period for which the order is to be in force in relation to the person.\n\n(2) The application must—\n\n(b) set out the facts and other grounds on which the applicant considers that the extension, or further extension, is reasonably necessary for the purpose for which the order was made; and\n\n(c) set out the outcomes and particulars of all previous applications for extensions, or further extensions, of the order.\n\nS. 13I(3) amended by No. 6/2018 s. 68(Sch. 2 item 124.4).\n\nNote to s. 13I(3) repealed by No. 6/2018 s. 68(Sch. 2 item 124.5).\n\n(4) The applicant must cause notice of the application to be given to the person in relation to whom the preventative detention order is in force.\n\n(5) The person in relation to whom the preventative detention order is in force is entitled to appear on the hearing and give evidence, call witnesses, examine and cross-examine witnesses, adduce material and make submissions. However, his or her absence does not prevent the Supreme Court from determining the application.\n\nS. 13I(5A) inserted by No. 72/2011 s. 49(1).\n\n(5A) The applicant must notify a Public Interest Monitor of the application in accordance with the regulations under the **Public Interest Monitor Act 2011**.\n\nS. 13I(5B) inserted by No. 72/2011 s. 49(1).\n\n(5B) In determining whether an order should be made under this section, the Supreme Court must have regard to any submissions made by the Public Interest Monitor.\n\n(6) The Supreme Court may, by order, extend, or further extend, the period for which the order is to be in force in relation to the person if it is satisfied that detaining the person under the order for the period as extended, or further extended, is reasonably necessary for the purpose for which the order was made.\n\nS. 13I(6A) inserted by No. 32/2018 s. 67.\n\n(6A) The Supreme Court may decide that it is satisfied as required by subsection (6) only if it is satisfied by acceptable, cogent evidence that is of sufficient weight to justify the extension or further extension.\n\n(7) The extension, or further extension, must not result in the preventative detention order specifying a period in excess of the maximum period permissible under section 13G(1).\n\nS. 13I(8) amended by Nos 48/2006 s. 42(Sch. item 35.4), 32/2018 s. 79(2), 47/2021 s. 22(12).\n\n(8) If the person in relation to whom the order is in force is being detained in a prison or youth justice facility and the Supreme Court makes an order under subsection (6) that extends, or further extends, the period for which the order is to be in force, the applicant must cause a copy of the order under that subsection to be given to the Secretary as soon as practicable after it is made.\n\nS. 13J (Heading) amended by No. 32/2018 s. 17(1).\n\nS. 13J inserted by No. 5/2006 s. 4.\n\n","sortOrder":72},{"sectionNumber":"13J","sectionType":"section","heading":"No preventative detention order in relation to person under 14 years of age","content":"\t13J No preventative detention order in relation to person under 14 years of age\n\nS. 13J(1) amended by No. 32/2018 s. 17(2).\n\n(1) A preventative detention order cannot be applied for, or made, in relation to a person who is under 14 years of age.\n\nSee also section 13ZH and section 13ZL(4) to (10) for the special rules for people who are under 18 years of age.\n\nS. 13J(2) amended by No. 37/2014 s. 10(Sch. item 167.8(b)).\n\n(a) a person is being detained under a preventative detention order or a purported preventative detention order; and\n\nS. 13J(2)(b) amended by Nos 37/2014 s. 10(Sch. item 167.8(a)), 32/2018 s. 17(2).\n\n(b) the police officer who is detaining the person is satisfied on reasonable grounds that the person is under 14 years of age—\n\nthe police officer must release the person or arrange in writing for his or her release, as soon as practicable, from detention under the order or purported order.\n\nS. 13JA inserted by No. 5/2006 s. 4, amended by No. 37/2014 s. 10(Sch. item 167.9(a)).\n\n\t13JA Special assistance for person with inadequate knowledge of English language or disability\n\nIf the police officer who is detaining a person under a preventative detention order has reasonable grounds to believe that the person is unable because of inadequate knowledge of the English language or a disability, to communicate with reasonable fluency in that language—\n\nS. 13JA(a) amended by No. 37/2014 s. 10(Sch. item 167.9(b)).\n\n  (a) the police officer has an obligation under section 13Z(3) to arrange for the assistance of an interpreter in informing the person about—\n\n(i) the effect of the order or any extension, or further extension, of the order; and\n\n(ii) the person's rights in relation to the order; and\n\nS. 13JA(b) amended by No. 37/2014 s. 10(Sch. item 167.9(b)).\n\n(b) the police officer has an obligation under section 13ZF(4) to give the person reasonable assistance to—\n\n(i) choose a lawyer to act for the person in relation to the order; and\n\n(ii) contact the lawyer.\n\nS. 13K inserted by No. 5/2006 s. 4.\n\n\t13K Restrictions on multiple preventative detention orders\n\n(a) a preventative detention order is made in relation to a person on the basis of assisting in preventing a terrorist act occurring within a particular period; and\n\n(b) the person is being detained under that order—\n\nanother preventative detention order cannot be applied for, or made, under this Division in relation to the person on the basis of assisting in preventing a different terrorist act occurring within that period unless the application, or the order, is based on information that became available only after the preventative detention order referred to in paragraph (a) was made.\n\nS. 13K(1A) inserted by No. 32/2018 s. 18.\n\n(1A) If—\n\n(a) a police detention decision is made in relation to a person on the basis of assisting in preventing a terrorist act occurring within a particular period; and\n\n(b) the person is being detained under Part 2AA—\n\na preventative detention order cannot be applied for, or made, under this Division in relation to the person on the basis of assisting in preventing a different terrorist act occurring within that period unless the application, or the order, is based on information that became available only after the police detention decision was made.\n\n(a) an order for a person's detention is made under a corresponding preventative detention law on the basis of assisting in preventing a terrorist act occurring within a particular period; and\n\n(b) the person is being detained under that order—\n\na preventative detention order cannot be applied for, or made, under this Division in relation to the person on the basis of assisting in preventing a different terrorist act occurring within that period unless the application, or the order, is based on information that became available only after the order referred to in paragraph (a) was made.\n\nS. 13KA inserted by No. 5/2006 s. 4.\n\n\t13KA Basis for applying for, and making, prohibited contact order\n\nS. 13KA(1) amended by No. 37/2014 s. 10(Sch. item 167.10(a)).\n\n(1) An authorised police officer may apply for a prohibited contact order in relation to a person only if the officer is satisfied as set out in subsection (4).\n\n(2) The Supreme Court may make a prohibited contact order in relation to a person's detention under a preventative detention order only if the Court is satisfied as set out in subsection (4).\n\nS. 13KA(2A) inserted by No. 32/2018 s. 68.\n\n(2A) The Supreme Court may decide that it is satisfied as set out in subsection (4) only if it is satisfied by acceptable, cogent evidence that is of sufficient weight to justify making a prohibited contact order.\n\n(3) The person in relation to whose detention the prohibited contact order is applied for, or made, is the ***subject*** for the purposes of this section.\n\nS. 13KA(4) amended by No. 37/2014 s. 10(Sch. item 167.10(b)).\n\n(4) The authorised police officer and the Supreme Court must be satisfied that making the prohibited contact order is reasonably necessary—\n\n(a) to avoid a risk to action being taken to prevent a terrorist act occurring; or\n\n(b) to prevent serious harm to a person; or\n\n(c) to preserve evidence of, or relating to, a terrorist act; or\n\n(d) to prevent interference with the gathering of information about—\n\n(i) a terrorist act; or\n\n(ii) the preparation for, or the planning of, a terrorist act; or\n\n(e) to avoid a risk to—\n\n(i) the arrest of a person who is suspected of having committed an offence against Part 5.3 of the Criminal Code of the Commonwealth; or\n\n(ii) the taking into custody of a person in relation to whom the preventative detention order is in force, or in relation to whom a preventative detention order is likely to be made; or\n\nS. 13KA(4) (e)(iia) inserted by No. 32/2018 s. 19.\n\n(iia) the taking into custody of a person in relation to whom a police detention decision has been made, or in relation to whom a police detention decision is likely to be made; or\n\n(iii) the service on a person of a Commonwealth control order.\n\nS. 13KA(5) amended by No. 37/2014 s. 10(Sch. item 167.10(b)).\n\n(5) The Supreme Court may refuse to make a prohibited contact order unless the authorised police officer applying for the order gives the Court any further information that it requests concerning the grounds on which the order is sought.\n\nS. 13L inserted by No. 5/2006 s. 4.\n\n","sortOrder":73},{"sectionNumber":"13L","sectionType":"section","heading":"Prohibited contact order (person in relation to whom preventative detention order is being sought)","content":"\t13L Prohibited contact order (person in relation to whom preventative detention order is being sought)\n\nS. 13L(1) amended by No. 37/2014 s. 10(Sch. item 167.11).\n\n(1) An authorised police officer who applies for a preventative detention order in relation to a person (the ***subject***) may also apply for a prohibited contact order under this section in relation to the subject's detention under the preventative detention order.\n\n(2) The application must set out—\n\n(a) the terms of the order sought; and\n\n(b) the facts and other grounds on which the applicant considers that the order should be made.\n\nS. 13L(3) amended by No. 6/2018 s. 68(Sch. 2 item 124.4).\n\nNote to s. 13L(3) repealed by No. 6/2018 s. 68(Sch. 2 item 124.5).\n\n(4) The person in relation to whose detention an application for a prohibited contact order is made to the Supreme Court under this section is entitled to be given notice of the application and to appear and give evidence, call witnesses, examine and cross-examine witnesses, adduce material and make submissions in relation to it. However, his or her absence does not prevent the Supreme Court from determining the application.\n\nS. 13L(4A) inserted by No. 72/2011 s. 50(1).\n\n(4A) The applicant must notify a Public Interest Monitor of the application in accordance with the regulations under the **Public Interest Monitor Act 2011**.\n\nS. 13L(4B) inserted by No. 72/2011 s. 50(1).\n\n(4B) In determining whether a prohibited contact order should be made under this section, the Supreme Court must have regard to any submissions made by a Public Interest Monitor.\n\n(5) If the Supreme Court—\n\n(a) makes the preventative detention order; and\n\n(b) is satisfied as set out in section 13KA(4)—\n\nthe Court may make a prohibited contact order under this section that the subject is not, while being detained under the preventative detention order, to contact a person specified in the prohibited contact order.\n\n(6) The prohibited contact order must be in writing.\n\n(7) The senior police officer nominated under section 13P(4) in relation to the preventative detention order must—\n\nS. 13L(7)(a) amended by Nos 34/2008 s. 143(Sch. 2 item 13.2), 82/2012 s. 167(3)(a).\n\n(a) notify the Ombudsman under the **Ombudsman Act 1973** and the IBAC in writing of the making of the prohibited contact order; and\n\nS. 13L(7)(b) amended by No. 82/2012 s. 167(3)(b).\n\n(b) give the Ombudsman and the IBAC a copy of the prohibited contact order.\n\nS. 13M inserted by No. 5/2006 s. 4.\n\n","sortOrder":74},{"sectionNumber":"13M","sectionType":"section","heading":"Prohibited contact order (person in relation to whom preventative detention order is already in force)","content":"\t13M Prohibited contact order (person in relation to whom preventative detention order is already in force)\n\nS. 13M(1) amended by No. 37/2014 s. 10(Sch. item 167.11).\n\n(1) If a preventative detention order is in force in relation to a person (the ***subject***), an authorised police officer may apply to the Supreme Court for a prohibited contact order under this section in relation to the subject's detention under the preventative detention order.\n\n(2) The application must set out—\n\n(a) the terms of the order sought; and\n\n(b) the facts and other grounds on which the applicant considers that the order should be made.\n\nS. 13M(3) amended by No. 6/2018 s. 68(Sch. 2 item 124.4).\n\nNote to s. 13M(3) repealed by No. 6/2018 s. 68(Sch. 2 item 124.5).\n\n(4) The person in relation to whose detention under a preventative detention order an application for a prohibited contact order is made to the Supreme Court under this section is entitled to be given notice of the application and to appear and give evidence, call witnesses, examine and cross-examine witnesses, adduce material and make submissions in relation to it. However, his or her absence does not prevent the Supreme Court from determining the application.\n\nS. 13M(4A) inserted by No. 72/2011 s. 50(2).\n\n(4A) The applicant must notify a Public Interest Monitor of the application in accordance with the regulations under the **Public Interest Monitor Act 2011**.\n\nS. 13M(4B) inserted by No. 72/2011 s. 50(2).\n\n(4B) In determining whether a prohibited contact order should be made under this section, the Supreme Court must have regard to any submissions made by a Public Interest Monitor.\n\n(5) If the Supreme Court is satisfied as set out in section 13KA(4), the Court may make a prohibited contact order under this section that the subject is not, while being detained under the preventative detention order, to contact a person specified in the prohibited contact order.\n\n(6) The prohibited contact order must be in writing.\n\n(7) The senior police officer nominated under section 13P(4) in relation to the preventative detention order must—\n\nS. 13M(7)(a) amended by Nos 34/2008 s. 143(Sch. 2 item 13.3), 82/2012 s. 167(4)(a).\n\n(a) notify the Ombudsman under the **Ombudsman Act 1973** and the IBAC in writing of the making of the prohibited contact order; and\n\nS. 13M(7)(b) amended by No. 82/2012 s. 167(4)(b).\n\n(b) give the Ombudsman and the IBAC a copy of the prohibited contact order.\n\nS. 13N inserted by No. 5/2006 s. 4.\n\n","sortOrder":75},{"sectionNumber":"13N","sectionType":"section","heading":"Application by detainee for revocation or variation of preventative detention order or prohibited contact order","content":"\t13N Application by detainee for revocation or variation of preventative detention order or prohibited contact order\n\n(1) A person in relation to whom a preventative detention order made by the Supreme Court is in force may, with the leave of the Supreme Court, apply to the Supreme Court for—\n\n(a) the revocation or a variation of the order; or\n\n(b) the revocation or a variation of any prohibited contact order that is in force in relation to the person's detention under the preventative detention order.\n\n(2) The Supreme Court must not grant leave to apply for the revocation or a variation of an order unless it is satisfied that new facts or circumstances have arisen since the making of the order.\n\n(3) To avoid doubt, an application for leave to apply for the revocation or a variation of an order does not operate as a stay of the order.\n\n(a) a preventative detention order made by the Supreme Court is in force in relation to a person; and\n\n(b) the Supreme Court grants leave to that person to apply for the revocation or a variation of the order; and\n\n(c) the Supreme Court is satisfied, on the application of that person, that because of new facts or circumstances that have arisen since the making of the order that it is appropriate that the order be revoked or varied—\n\n(5) To avoid doubt, if the variation applied for relates to the place or places where the person may be, must be, or must not be, detained under the preventative detention order, the Supreme Court must have regard to the requirements of section 13F(8).\n\nS. 13N(6) amended by Nos 48/2006 s. 42(Sch. item 35.4), 37/2014 s. 10(Sch. item 167.11), 32/2018 s. 79(3), 47/2021 s. 22(13).\n\n(6) If the person in relation to whom a preventative detention order made by the Supreme Court is in force is being detained in a prison or youth justice facility and the order is revoked or varied under subsection (4), the police officer who is detaining the person under the order must cause a copy of the order made under that subsection to be given to the Secretary as soon as practicable after it is made.\n\n(a) a prohibited contact order is in force in relation to a person's detention under a preventative detention order made by the Supreme Court; and\n\n(b) the Supreme Court grants leave to that person to apply for the revocation or a variation of the prohibited contact order; and\n\n(c) the Supreme Court is satisfied, on the application of that person, that because of new facts or circumstances that have arisen since the making of the prohibited contact order that it is appropriate that the order be revoked or varied—\n\nS. 13N(8) amended by Nos 48/2006 s. 42(Sch. item 35.4), 37/2014 s. 10(Sch. item 167.11), 32/2018 s. 79(3), 47/2021 s. 22(13).\n\n(8) If the person in relation to whose detention under a preventative detention order a prohibited contact order is in force is being detained in a prison or youth justice facility and the prohibited contact order is revoked or varied under subsection (7), the police officer who is detaining the person under the preventative detention order must cause a copy of the order made under that subsection to be given to the Secretary as soon as practicable after it is made.\n\nS. 13O inserted by No. 5/2006 s. 4.\n\n","sortOrder":76},{"sectionNumber":"13O","sectionType":"section","heading":"Application by police for revocation or variation of preventative detention order or prohibited contact order","content":"\t13O Application by police for revocation or variation of preventative detention order or prohibited contact order\n\nS. 13O(1) amended by No. 37/2014 s. 10(Sch. item 167.12(a)(ii)).\n\nS. 13O(1)(b) amended by No. 37/2014 s. 10(Sch. item 167.12(a)(i)).\n\n(b) the police officer who is detaining the person under the order is satisfied that the grounds on which the order was made have ceased to exist—\n\nthe police officer must apply for the revocation of the order to the Supreme Court.\n\nS. 13O(2) amended by Nos 37/2014 s. 10(Sch. item 167.12(a)(ii)), 70/2015 s. 8(2).\n\nS. 13O(2)(b) amended by Nos 37/2014 s. 10(Sch. item 167.12(a)(i)), 70/2015  \ns. 8(1).\n\n(b) the police officer who is detaining the person under the order is satisfied that, because of new facts or circumstances that have arisen since the making of the order, it is appropriate that the order be revoked or varied—\n\nthe police officer must apply for the revocation or variation of the order to the Supreme Court.\n\nS. 13O(3)(b) amended by No. 37/2014 s. 10(Sch. item 167.12(b)).\n\n(b) the Supreme Court is satisfied, on application by a police officer under subsection (1) or (2), that it is appropriate that the order be revoked or varied—\n\n(4) To avoid doubt, if the variation applied for relates to the place or places where the person may be, must be, or must not be, detained under the preventative detention order, the Supreme Court must have regard to the requirements of section 13F(8).\n\nS. 13O(5) amended by Nos 48/2006 s. 42(Sch. item 35.4), 32/2018 s. 79(4), 47/2021 s. 22(14).\n\n(5) If the person in relation to whom the preventative detention order is in force is being detained in a prison or youth justice facility and the order is revoked or varied under subsection (3), the applicant for the revocation or variation must cause a copy of any order made under that subsection to be given to the Secretary as soon as practicable after it is made.\n\nS. 13O(6) amended by No. 37/2014 s. 10(Sch. item 167.12(c)(ii)).\n\n(6) If—\n\n(a) a prohibited contact order is in force in relation to a person's detention under a preventative detention order; and\n\nS. 13O(6)(b) amended by No. 37/2014 s. 10(Sch. item 167.12(c)(i)).\n\n(b) the police officer who is detaining the person under the preventative detention order is satisfied that because of new facts or circumstances that have arisen since the making of the prohibited contact order that it is appropriate that the prohibited contact order be revoked or varied (including that the grounds on which the order was made have ceased to exist)—\n\nthe police officer must apply for the revocation or a variation of the prohibited contact order to the Supreme Court.\n\n(a) a prohibited contact order is in force in relation to a person's detention under a preventative detention order; and\n\nS. 13O(7)(b) amended by No. 37/2014 s. 10(Sch. item 167.12(d)).\n\n(b) the Supreme Court is satisfied, on application by a police officer under subsection (6), that it is appropriate that the prohibited contact order be revoked or varied—\n\nthe Court, by order, must revoke or vary the prohibited contact order.\n\nS. 13O(7A) inserted by No. 72/2011 s. 51.\n\n(7A) The applicant must notify a Public Interest Monitor of an application under this section in accordance with the regulations under the **Public Interest Monitor Act 2011**.\n\nS. 13O(7B) inserted by No. 72/2011 s. 51.\n\n(7B) In determining whether a preventative detention order or a prohibited contact order should be revoked or varied under this section, the Supreme Court must have regard to any submissions made by a Public Interest Monitor.\n\nS. 13O(7C) inserted by No. 32/2018 s. 69.\n\n(7C) The Supreme Court may decide that it is satisfied as required by subsection (3)(b) or (7)(b) only if it is satisfied by acceptable, cogent evidence that is of sufficient weight to justify revoking or varying the order.\n\nS. 13O(8) amended by Nos 48/2006 s. 42(Sch. item 35.4), 32/2018 s. 79(4), 47/2021 s. 22(14).\n\n(8) If the person in relation to whose detention under a preventative detention order a prohibited contact order is in force is being detained in a prison or youth justice facility and the prohibited contact order is revoked or varied under subsection (7), the applicant for the revocation or variation must cause a copy of any order made under that subsection to be given to the Secretary as soon as practicable after it is made.\n\n(9) A person in relation to whom a preventative detention order is in force may make representations to the senior police officer nominated under section 13P(4) in relation to the order with a view to having the order, or a prohibited contact order that is in force in relation to the person's detention under the preventative detention order, revoked or varied under this section.\n\nDivision 3—Carrying out preventative detention orders\n\nS. 13P inserted by No. 5/2006 s. 4.\n\n","sortOrder":77},{"sectionNumber":"13P","sectionType":"section","heading":"Power to detain person under preventative detention order","content":"\t13P Power to detain person under preventative detention order\n\n(1) While a preventative detention order is in effect in relation to a person—\n\nS. 13P(1)(a) amended by No. 37/2014 s. 10(Sch. item 167.13).\n\n(a) any police officer may take the person into custody; and\n\nNote to s. 13P(1)(a) inserted by No. 32/2018 s. 20(1).\n\nSee also sections 6(ca) and 6D(1) of the **Corrections Act 1986**.\n\nS. 13P(1)(b) amended by No. 37/2014 s. 10(Sch. item 167.13).\n\n(b) any police officer may detain the person.\n\nS. 13P(2) amended by No. 37/2014 s. 10(Sch. item 167.13).\n\n(2) A police officer may, for the purpose of taking a person into custody under a preventative detention order or preventing him or her from escaping from detention under the order, exercise any of the powers that he or she would have if he or she were apprehending the person under a belief on reasonable grounds that the person had committed an indictable offence in Victoria or was escaping from legal custody.\n\n(3) Subsection (2) does not apply to the extent to which particular powers are provided for in this Part.\n\nS. 13P(4) amended by No. 37/2014 s. 10(Sch. item 167.13).\n\n(4) If a preventative detention order is made in relation to a person, the Chief Commissioner of Police must nominate a police officer of or above the rank of superintendent (the ***nominated senior police officer***) to oversee the exercise of powers under, and the performance of obligations in relation to, the preventative detention order.\n\n(5) The nominated senior police officer must be someone who was not involved in the making of the application for the preventative detention order.\n\n(6) The nominated senior police officer must—\n\n(a) oversee the exercise of powers under, and the performance of obligations in relation to, the preventative detention order; and\n\n(b) without limiting paragraph (a), ensure that the provisions of section 13O (which deals with the revocation or variation of preventative detention orders and prohibited contact orders) are complied with in relation to the preventative detention order; and\n\n(c) receive and consider any representations that are made under subsection (7).\n\n(7) The following persons—\n\n(a) the person being detained under a preventative detention order;\n\nS. 13P(7)(b) amended by Nos 34/2008 s. 143(Sch. 2 item 13.4), 82/2012 s. 167(5).\n\n(b) the Ombudsman under the **Ombudsman Act 1973** or the IBAC Commissioner;\n\nS. 13P(7)(ba) inserted by No. 32/2018 s. 20(2).\n\n(ba) the Commission for Children and Young People;\n\n(c) a lawyer acting for the person being detained under a preventative detention order in relation to the order or a prohibited contact order;\n\n(d) a person with whom the person being detained under a preventative detention order has contact under section 13ZH(2);\n\n(e) a person exercising authority under the order or implementing or enforcing the order (including a person taken to be such a person by force of section 13W(5)(b))—\n\nare entitled to make representations to the nominated senior police officer in relation to—\n\n(f) the exercise of powers under, and the performance of obligations in relation to, the preventative detention order; and\n\n(g) without limiting paragraph (f), compliance with the provisions of section 13O (which deals with the revocation or variation of preventative detention orders and prohibited contact orders) in relation to the preventative detention order; and\n\n(h) the person's treatment in connection with the person's detention under the preventative detention order.\n\nS. 13Q inserted by No. 5/2006 s. 4, amended by Nos 37/2014 s. 10(Sch. item 167.14), 32/2018 s. 21.\n\n","sortOrder":78},{"sectionNumber":"13Q","sectionType":"section","heading":"Endorsement of order with date and time person taken into custody or detained","content":"\t13Q Endorsement of order with date and time person taken into custody or detained\n\nAs soon as practicable after a person is taken into custody or detained under a preventative detention order, the police officer who is detaining the person under the order must endorse on the order—\n\nS. 13Q(a) amended by No. 32/2018 s. 21.\n\n(a) the date on which, and time at which, the person is taken into custody or detained under the order; and\n\n(b) particulars of where the person is being detained.\n\nS. 13R inserted by No. 5/2006 s. 4.\n\n","sortOrder":79},{"sectionNumber":"13R","sectionType":"section","heading":"Requirement to provide name etc.","content":"\t13R Requirement to provide name etc.\n\nS. 13R(1) amended by Nos 37/2014 s. 10(Sch. item 167.15(a)), 21/2015 s. 3(Sch. 1 item 54.1).\n\n(1) If a police officer believes on reasonable grounds that a person whose name or address is, or whose name and address are, unknown to the police officer may be able to assist the police officer in executing a preventative detention order, the police officer may request the person to provide his or her name or address, or name and address, to the police officer.\n\nS. 13R(2) amended by No. 37/2014 s. 10(Sch. item 167.15(b)(i)).\n\n(2) If a police officer—\n\n(a) makes a request of a person under subsection (1); and\n\n(b) informs the person of the reason for the request; and\n\nS. 13R(2)(c) substituted by No. 37/2014 s. 10(Sch. item 167.15(b)(ii)).\n\n(c) if the police officer is not in uniform—shows the person evidence that he or she is a police officer; and\n\n(d) complies with subsection (4) if the person makes a request under that subsection—\n\nthe person must not—\n\n(f) give a name or address that is false in a material particular.\n\n1. 20 penalty units.\n\n(3) Subsection (2) does not apply if the person has a reasonable excuse.\n\nS. 13R(4) amended by No. 37/2014 s. 10(Sch. item 167.15(c)).\n\n(4) If a police officer who makes a request of a person under subsection (1) is requested by the person to provide to the person any of the following—\n\n(a) his or her name;\n\n(b) the address of his or her place of duty;\n\n(c) his or her identification number if he or she has an identification number;\n\n(d) his or her rank if he or she does not have an identification number—\n\nthe police officer must not—\n\n(f) give a name, address, number or rank that is false in a material particular.\n\n1. 5 penalty units.\n\nS. 13R(5) amended by No. 37/2014 s. 10(Sch. item 167.15(d)).\n\n(5) Subsection (4) does not apply if the police officer has a reasonable excuse.\n\nS. 13S inserted by No. 5/2006 s. 4.\n\n","sortOrder":80},{"sectionNumber":"13S","sectionType":"section","heading":"Power to enter premises","content":"\t13S Power to enter premises\n\nS. 13S(1) amended by No. 37/2014 s. 10(Sch. item 167.16(a)  \n(ii)(iii)).\n\n(1) Subject to subsection (2), if—\n\nS. 13S(1)(b) amended by No. 37/2014 s. 10(Sch. item 167.16  \n(a)(i)).\n\n(b) a police officer believes on reasonable grounds that the person is on any premises—\n\nthe police officer may enter the premises, using such force as is necessary and reasonable in the circumstances and with such assistance from other police officers as is necessary, at any time of the day or night for the purpose of searching the premises for the person or taking the person into custody.\n\nS. 13S(2) amended by No. 37/2014 s. 10(Sch. item 167.16(b)).\n\n(2) A police officer must not enter any premises that are used for residential purposes at any time during the period commencing at 9 p.m. on a day and ending at 6 a.m. on the following day unless the police officer believes on reasonable grounds that—\n\n(a) it would not be practicable to take the person into custody, either at those premises or elsewhere, at another time; or\n\n(b) it is necessary to do so in order to prevent the concealment, loss or destruction of evidence of, or relating to, a terrorist act.\n\nS. 13T inserted by No. 5/2006 s. 4.\n\n","sortOrder":81},{"sectionNumber":"13T","sectionType":"section","heading":"Power to conduct search","content":"\t13T Power to conduct search\n\nS. 13T(1) amended by No. 37/2014 s. 10(Sch. item 167.17).\n\n(1) A police officer who takes a person into custody under a preventative detention order, or who is present when the person is taken into custody, may, if the police officer suspects on reasonable grounds—\n\n(a) that it is prudent to do so in order to ascertain whether the person is carrying any seizable items; or\n\n(b) that the person is carrying—\n\n(i) evidence of, or relating to, a terrorist act; or\n\n(ii) a seizable item—\n\nconduct a search of the person in the prescribed manner at, or soon after, the time when the person is taken into custody, and seize any such thing found as a result of the search.\n\n(2) Any thing seized under subsection (1) must be dealt with in accordance with the regulations.\n\nS. 13U (Heading) amended by No. 9/2025 s. 54(1).\n\nS. 13U inserted by No. 5/2006 s. 4.\n\n","sortOrder":82},{"sectionNumber":"13U","sectionType":"section","heading":"Warrant under section 34BA or 34BB of the Australian Security Intelligence Organisation Act 1979 of the Commonwealth","content":"\t13U Warrant under section 34BA or 34BB of the Australian Security Intelligence Organisation Act 1979 of the Commonwealth\n\n(a) a person is being detained under a preventative detention order; and\n\nS. 13U(1)(b) amended by No. 9/2025 s. 54(2).\n\n(b) a warrant under section 34BA or 34BB of the Australian Security Intelligence Organisation Act 1979 of the Commonwealth is in force in relation to the person; and\n\nS. 13U(1)(c) amended by No. 37/2014 s. 10(Sch. item 167.18).\n\n(c) a copy of the warrant is given to the police officer who is detaining the person under the preventative detention order.\n\nS. 13U(2) amended by No. 37/2014 s. 10(Sch. item 167.18).\n\n(2) The police officer must take such steps as are necessary to ensure that the person may be dealt with in accordance with the warrant.\n\nS. 13U(3) amended by No. 37/2014 s. 10(Sch. item 167.18).\n\n(3) Without limiting subsection (2), the police officer may, under section 13V, release, or arrange in writing for the release of, the person from detention under the preventative detention order so that the person may be dealt with in accordance with the warrant.\n\n(4) To avoid doubt, the fact that the person is released from detention under the preventative detention order so that the person may be—\n\n(a) questioned before a prescribed authority under the warrant; or\n\n(b) detained under the warrant in connection with that questioning—\n\ndoes not extend the period for which the preventative detention order remains in force in relation to the person.\n\nSee section 13V(6)(a).\n\nS. 13V inserted by No. 5/2006 s. 4.\n\n","sortOrder":83},{"sectionNumber":"13V","sectionType":"section","heading":"Release of person from preventative detention","content":"\t13V Release of person from preventative detention\n\nS. 13V(1) amended by No. 37/2014 s. 10(Sch. item 167.19(a)).\n\n(1) The police officer who is detaining a person under a preventative detention order may release the person from detention under the order or arrange in writing for his or her release from detention under the order.\n\nA person may be released, for example, so that the person may be arrested and otherwise dealt with under Subdivision (30A) of Division 1 of Part III of the **Crimes Act 1958**.\n\nS. 13V(1A) inserted by No. 70/2015 s. 9.\n\n(1A) The police officer who is detaining a person under a preventative detention order must, without delay, release the person from detention under the order or arrange for the person's release from detention under the order if the police officer is satisfied that the grounds on which the order was made have ceased to exist.\n\nThe police officer must also apply for the revocation of the order to the Supreme Court: see section 13O(1).\n\nS. 13V(2) amended by No. 37/2014 s. 10(Sch. item 167.19(b)).\n\n(2) The police officer who releases, or arranges in writing for the release of, a person from detention under a preventative detention order must give the person a written statement that the person is being released from that detention. The statement must be signed by the police officer.\n\nS. 13V(3) amended by No. 37/2014 s. 10(Sch. item 167.19(c)).\n\n(3) Subsection (2) does not apply if the police officer releases, or arranges in writing for the release of, the person from detention so that the person may be dealt with—\n\n(a) under Subdivision (30A) of Division 1 of Part III of the **Crimes Act 1958**; or\n\n(b) in accordance with a warrant under section 34D of the Australian Security Intelligence Organisation Act 1979 of the Commonwealth; or\n\n(c) under the provisions of Division 4 of Part IAA, or Part IC, of the Crimes Act 1914 of the Commonwealth.\n\n(4) To avoid doubt, a person may be taken to have been released from detention under a preventative detention order even if—\n\n(a) the person is informed that he or she is being released from detention under the order; and\n\n(b) the person is taken into custody on some other basis immediately after the person is informed that he or she is being released from detention under the order.\n\n(5) To avoid doubt, a person is taken not to be detained under a preventative detention order during a period during which the person is released from detention under the order.\n\nDuring this period, the provisions of this Part that apply to a person who is being detained under a preventative detention order (for example, section 13ZC which deals with the people the person may contact) do not apply to the person.\n\n(6) To avoid doubt—\n\n(a) the release of the person under subsection (1) from detention under the preventative detention order does not extend the period for which the preventative detention order remains in force in relation to the person; and\n\nThis means that the time for which the person may be detained under the order continues to run while the person is released.\n\n(b) a person released under subsection (1) from detention under a preventative detention order may again be taken into custody and detained under the order at any time while the order remains in force in relation to the person.\n\nS. 13W inserted by No. 5/2006 s. 4.\n\n","sortOrder":84},{"sectionNumber":"13W","sectionType":"section","heading":"Arrangement for detainee to be held in prison","content":"\t13W Arrangement for detainee to be held in prison\n\nS. 13W(1) amended by Nos 37/2014 s. 10(Sch. item 167.20(a)), 32/2018 s. 79(5), 47/2021 s. 22(15).\n\n(1) The police officer who is detaining a person under a preventative detention order may request the Secretary to authorise the transfer of that person to a prison.\n\nA person being detained under a preventative detention order may be received into a police gaol and thus be deemed to enter the legal custody of the Chief Commissioner of Police under section 6D(1) of the **Corrections Act 1986**.\n\n(2) A request under subsection (1) must be accompanied by a copy of—\n\n(a) the preventative detention order on which is endorsed the date on which, and time at which, the person was first taken into custody or detained under the order; and\n\n(b) any extension or further extension of the order under section 13I; and\n\n(c) any prohibited contact order in force in relation to the person's detention.\n\n(3) To avoid doubt, a request may be made under subsection (1) in respect of a person who is under 18 years of age if the preventative detention order provides for the person to be detained in a prison.\n\nSee section 13ZBA for the rules as to how persons under 18 are to be detained.\n\nS. 13W(4) amended by Nos 32/2018 s. 79(5), 6/2023 s. 3(Sch. 1 item 6).\n\n(4) If requested to do so under subsection (1), the Secretary may, by instrument, authorise the transfer to a prison of a person being detained under a preventative detention order from a police gaol or other place where he or she is being detained.\n\nThe Secretary may delegate this power under section 8(1) of the **Corrections Act 1986**.\n\nS. 13W(4A) inserted by No. 32/2018 s. 22.\n\n(4A) On the giving of an authorisation under subsection (4), a person at a prison acting under lawful authority on behalf of the Secretary may receive the person into the prison.\n\nSee also sections 6(ca), 6A(1) and 6E(1)(cac) of the **Corrections Act 1986**.\n\n(5) If a person is being detained in a prison under a preventative detention order—\n\n(a) the preventative detention order is taken to authorise the Governor of the prison to detain the person at the prison while the order is in force in relation to the person; and\n\n(b) section 13ZB applies in relation to the person's detention under the order at the prison as if—\n\n(i) the Governor of that prison; or\n\n(ii) any other person involved in the person's detention at that prison—\n\nwere a person exercising authority under the order or implementing or enforcing the order; and\n\nS. 13W(5)(c) amended by Nos 37/2014 s. 10(Sch. item 167.20(a)), 70/2015 s. 10(1).\n\n(c) the police officer who made the request under subsection (1) is taken, while the person is detained at the prison, to be the police officer detaining the person for the purposes of Divisions 4 and 5, subject to subsection (5A); and\n\nS. 13W(5)(d) amended by No. 37/2014 s. 10(Sch. item 167.20(a)).\n\n(d) a police officer may at any time enter the prison and visit the person being detained in the prison in connection with the exercise of powers under, and the performance of obligations in relation to, the order.\n\nS. 13W(5A) inserted by No. 70/2015 s. 10(2).\n\n(5A) Section 13ZB does not apply to the police officer referred to in subsection (5)(c) in respect of the person being detained at the prison to the extent that the police officer cannot reasonably perform any obligation under that section.\n\n(6) The **Corrections Act 1986** applies in respect of the detention of a person in a prison or police gaol under a preventative detention order or an order for his or her detention made under a corresponding preventative detention law as if the following provisions of that Act did not form part of it—\n\n(a) section 11(7A);\n\n(b) section 28;\n\n(c) section 31;\n\n(d) sections 37(1), 38(2) and (4), 40 and 41;\n\n(e) section 47;\n\n(f) sections 47A to 47D;\n\n(g) Division 5 of Part 6;\n\n(h) Part 7;\n\n(i) section 56AA;\n\n(j) section 56AB;\n\n(k) section 56AC;\n\n(l) paragraphs (b) and (c) of section 57(1) and paragraph (a) of that section to the extent that it relates to a purpose other than the purpose referred to in section 57A(1)(a);\n\n(m) sections 57(2), 57A(1)(b) to (e), 57A(3)(a), 57B and 57C;\n\n(n) section 84H.\n\n(7) The provisions of Division 2 of Part 6 of the **Corrections Act 1986** that apply in respect of the detention of a person in a prison under a preventative detention order or an order for his or her detention made under a corresponding preventative detention law apply as if—\n\n(a) in the definition of ***visitor*** in section 33—\n\n(i) paragraphs (i) and (j) were omitted;\n\n(ii) in paragraph (h) for the reference to section 37 there were substituted a reference to section 13ZD, 13ZF or 13ZH of this Act;\n\nS. 13W(7)  \n(a)(iii) amended by No. 37/2014 s. 10(Sch. item 167.20(b)).\n\n(iii) in paragraph (k) after \"officer\" the words \"visiting under section 13W(5)(d) of the **Terrorism (Community Protection) Act 2003**\" were inserted;\n\n(iv) in paragraph (l) the words \"or a residential visiting programme\" were omitted;\n\n(b) in section 37(2)—\n\n(i) for the reference to a relative or friend who visits a prisoner there were substituted a reference to a person who visits a prisoner under section 13ZD, 13ZF or 13ZH of this Act;\n\n(ii) the words \"or residential visiting programme\" were omitted;\n\n(c) in section 37(3) for the word \"under\" there were substituted the words \"referred to in\";\n\n(d) in section 38(1) for the reference to a prisoner's family and friends there were substituted a reference to persons who visit a prisoner under section 13ZD, 13ZF or 13ZH of this Act;\n\n(e) in section 38(3) the words \"or a residential visiting programme\" were omitted;\n\n(f) in section 39(1) or (2) for the reference to a relative or friend or person wishing to visit, or visiting, a prisoner under section 37 or 38 there were substituted a reference to a person wishing to visit, or visiting, a prisoner under section 13ZD, 13ZF or 13ZH of this Act;\n\n(g) section 43 prevented a senior police officer nominated under section 13P(4) in relation to the order being made the subject of an order under that section.\n\n(8) If a provision of the **Corrections Act 1986** applies (with or without modification) in respect of the detention of a person in a prison or police gaol under a preventative detention order or an order for his or her detention made under a corresponding preventative detention law, any provision of the regulations made under that provision, or under that Act for or with respect to that provision, also applies in respect of that detention with any necessary modifications.\n\nS. 13W(9) amended by No. 30/2006 s. 17(1).\n\n(9) The **Corrections Act 1986**, in its application in respect of the detention of a person in a prison or police gaol under a preventative detention order or an order for his or her detention made under a corresponding preventative detention law, has effect subject to this Part and to the terms of the order under which the person is detained and, in the event of any inconsistency between that Act and this Part or the order, this Part or the order (as the case requires) prevails over that Act.\n\n(10) Nothing in this section prevents an AFP member entering a prison and visiting a person being detained in the prison in connection with the exercise of powers under, and the performance of obligations in relation to, an order for the person's detention made under a corresponding preventative detention law.\n\nS. 13WA (Heading) amended by No. 48/2006 s. 42(Sch. item 35.5(a)).\n\nS. 13WA inserted by No. 5/2006 s. 4.\n\n\t13WA Arrangement for detainee to be held in youth justice facility\n\nS. 13WA(1) amended by Nos 48/2006 s. 42(Sch. item 35.5(b)), 37/2014 s. 10(Sch. item 167.21), 32/2018 s. 79(6), 47/2021 s. 22(16).\n\n(1) If the preventative detention order in relation to a person who is under 18 years of age provides for him or her to be detained in a youth justice facility, the police officer who is detaining the person under the order must request the Secretary to authorise the transfer of that person to a youth justice facility.\n\n(2) A request under subsection (1) must be accompanied by a copy of—\n\n(a) the preventative detention order on which is endorsed the date on which, and time at which, the person was first taken into custody or detained under the order; and\n\n(b) any extension or further extension of the order under section 13I; and\n\n(c) any prohibited contact order in force in relation to the person's detention.\n\nS. 13WA(3) amended by Nos 48/2006 s. 42(Sch. item 35.5(b)), 32/2018 s. 79(6), 47/2021 s. 22(16).\n\n(3) If requested to do so under subsection (1), the Secretary may, by instrument, authorise the transfer to a youth justice facility of a person being detained under a preventative detention order from any place where he or she is being detained.\n\nS. 13WA(3A) inserted by No. 32/2018 s. 23(1).\n\n(3A) On the giving of an authorisation under subsection (3), a person at a youth justice facility acting under lawful authority on behalf of the Secretary may receive the person into the facility.\n\nSee also section 483(1) and (1A) of the **Children, Youth and Families Act 2005** and section 6E(1)(cac) of the **Corrections Act 1986**.\n\nS. 13WA(4) amended by No. 48/2006 s. 42(Sch. item 35.5(b)).\n\n(4) If a person is being detained in a youth justice facility under a preventative detention order—\n\n(a) the preventative detention order is taken to authorise the officer in charge of the facility to detain the person at the facility while the order is in force in relation to the person; and\n\n(b) section 13ZB applies in relation to the person's detention under the order at the facility as if—\n\n(i) the officer in charge of that facility; or\n\n(ii) any other person involved in the person's detention at that facility—\n\nwere a person exercising authority under the order or implementing or enforcing the order; and\n\nS. 13WA(4)(c) amended by No. 37/2014 s. 10(Sch. item 167.21).\n\n(c) the police officer who made the request under subsection (1) is taken, while the person is detained at the facility, to be the police officer detaining the person for the purposes of Divisions 4 and 5; and\n\nS. 13WA(4)(d) amended by No. 37/2014 s. 10(Sch. item 167.21).\n\n(d) a police officer may at any time enter the facility and visit the person being detained in the facility in connection with the exercise of powers under, and the performance of obligations in relation to, the order.\n\nS. 13WA(5) amended by No. 48/2006 s. 42(Sch. items 35.5(b)(c)).\n\n(5) No provision of the **Children, Youth and Families Act 2005** applies in respect of the detention of a person in a youth justice facility under a preventative detention order or an order for his or her detention made under a corresponding preventative detention law other than—\n\nS. 13WA(5)(a) substituted by No. 48/2006 s. 42(Sch. item 35.5(d)).\n\n(a) section 17(1) and, to the extent that it relates to section 597(3) or 597(4), section 17(2);\n\nS. 13WA(5)(b) substituted by No. 48/2006 s. 42(Sch. item 35.5(d)).\n\n(b) section 482(1) other than paragraphs (b) to (d);\n\nS. 13WA(5)(c) substituted by No. 48/2006 s. 42(Sch. item 35.5(d)).\n\n(c) section 482(2) other than paragraphs (a) and (b);\n\nS. 13WA(5)(d) substituted by No. 48/2006 s. 42(Sch. item 35.5(d)).\n\n(d) section 482(3);\n\nS. 13WA(5)(e) substituted by No. 48/2006 s. 42(Sch. item 35.5(d)).\n\n(e) section 483(1) and 483(1A);\n\nS. 13WA(5)(f) substituted by No. 48/2006 s. 42(Sch. item 35.5(d)), repealed by No. 32/2018 s. 23(2).\n\nS. 13WA(5)(g) substituted by No. 48/2006 s. 42(Sch. item 35.5(d)).\n\n(g) section 487 other than paragraph (f) to the extent that that paragraph applies to discriminatory treatment that is reasonable and necessary having regard to the nature of the person's detention;\n\nS. 13WA(5)(h) substituted by No. 48/2006 s. 42(Sch. item 35.5(d)).\n\n(h) sections 488A to 488G;\n\nS. 13WA(5)(i) substituted by No. 48/2006 s. 42(Sch. item 35.5(d)).\n\n(i) section 501;\n\nS. 13WA(5)(j) substituted by No. 48/2006 s. 42(Sch. item 35.5(d)).\n\n(j) section 597.\n\nS. 13WA(6) amended by No. 48/2006 s. 42(Sch. items 35.5(b)(c)).\n\n(6) If a provision of the **Children, Youth and Families Act 2005** applies (with or without modification) in respect of the detention of a person in a youth justice facility under a preventative detention order or an order for his or her detention made under a corresponding preventative detention law, any provision of the regulations made under that provision, or under that Act for or with respect to that provision, also applies in respect of that detention with any necessary modifications.\n\nS. 13WA(7) amended by No. 48/2006 s. 42(Sch. items 35.5(b)(c)).\n\n(7) The **Children, Youth and Families Act 2005**, in its application in respect of the detention of a person in a youth justice facility under a preventative detention order or an order for his or her detention made under a corresponding preventative detention law, has effect subject to this Part and to the terms of the order under which the person is detained and, in the event of any inconsistency between that Act and this Part or the order, this Part or the order (as the case requires) prevails over that Act.\n\nS. 13WA(8) amended by No. 48/2006 s. 42(Sch. item 35.5(b)).\n\n(8) Nothing in this section prevents an AFP member entering a youth justice facility and visiting a person being detained in the facility in connection with the exercise of powers under, and the performance of obligations in relation to, an order for the person's detention made under a corresponding preventative detention law.\n\nS. 13WA(9) amended by Nos 32/2018 s. 79(7), 47/2021 s. 22(17).\n\n(9) The Secretary may, by instrument, delegate any function or power of the Secretary under this section (except this power of delegation) to any person, or class of person, employed in the Department of Justice and Community Safety under Part 3 of the **Public Administration Act 2004**.\n\nS. 13WB inserted by No. 32/2018 s. 24.\n\n\t13WB Transfer of detained person into legal custody of Chief Commissioner for questioning\n\n(a) a person is being detained in a prison or youth justice facility under a preventative detention order; and\n\n(b) a police officer wants to question the person under Division 5A.\n\nS. 13WB(2) amended by No. 47/2021 s. 22(18).\n\n(2) An authorised police officer may request the Secretary to release the person from detention in the prison or youth justice facility into the custody of a police officer.\n\n(3) A request under subsection (2) must be accompanied by a copy of—\n\n(a) the preventative detention order on which is endorsed the date on which, and time at which, the person was first taken into custody or detained under the order; and\n\n(b) any extension or further extension of the order under section 13I.\n\nS. 13WB(4) amended by No. 47/2021 s. 22(18).\n\n(4) If requested to do so under subsection (2), the Secretary, by instrument, may authorise the release of the person from detention in the prison or youth justice facility into the custody of a police officer.\n\n(5) On the giving of an authorisation under subsection (4), a police officer may take physical custody of the person.\n\n1 In the case of a person detained in a prison, see also sections 6B(3) and 6D(2AA) of the **Corrections Act 1986**.\n\n2 In the case of a person detained in a youth justice facility, see also section 483(1) and (1A) of the **Children, Youth and Families Act 2005** and section 6D(2AA) of the **Corrections Act 1986**.\n\nS. 13WC inserted by No. 32/2018 s. 24.\n\n\t13WC Return of person to place of detention at end of questioning\n\n(1) This section applies if a police officer has taken custody of a person under section 13WB(5) for the purpose of questioning that person under Division 5A.\n\n(2) At the cessation of the questioning, the police officer who is detaining the person under a preventative detention order must deliver the person back to the prison or youth justice facility at which the person was detained at the time of the request under section 13WB(2).\n\n1 In the case of a person detained in a prison, see also sections 6(ca), 6A(1) and 6E(1)(cac) of the **Corrections Act 1986**.\n\n2 In the case of a person detained in a youth justice facility, see also section 483(1) and (1A) of the **Children, Youth and Families Act 2005** and section 6E(1)(cac) of the **Corrections Act 1986**.\n\nS. 13WD inserted by No. 32/2018 s. 24.\n\n\t13WD Effect on period of detention of transfers of custody of persons for questioning purposes\n\nTo avoid doubt, the transfer of the custody of a person under section 13WB or 13WC does not extend the period for which the preventative detention order remains in force in relation to the person.\n\nDivision 4—Informing person detained about preventative detention order\n\nS. 13X inserted by No. 5/2006 s. 4.\n\n","sortOrder":85},{"sectionNumber":"13X","sectionType":"section","heading":"Effect of preventative detention order to be explained to person detained","content":"\t13X Effect of preventative detention order to be explained to person detained\n\nS. 13X(1) amended by No. 37/2014 s. 10(Sch. item 167.21).\n\n(1) As soon as practicable after a person is first detained under a preventative detention order, the police officer who is detaining the person under the order must inform the person of the matters covered by subsection (2).\n\n1 A contravention of this subsection may be an offence under section 13ZN.\n\n2 A contravention of this subsection does not affect the lawfulness of the person's detention under the order (see section 13Z(5)).\n\n(2) The matters covered by this subsection are—\n\n(a) the fact that the preventative detention order has been made in relation to the person; and\n\n(b) the period during which the person may be detained under the order; and\n\n(c) the restrictions that apply to the people the person may contact while the person is being detained under the order; and\n\nS. 13X(2)(ca) inserted by No. 32/2018 s. 25(a).\n\n(ca) the fact that the person's communication with persons referred to in section 13ZD, and with their lawyer, may be monitored under section 13ZG; and\n\nS. 13X(2)(cb) inserted by No. 32/2018 s. 25(a).\n\n(cb) the fact, if the Supreme Court has made the order subject to a questioning prohibition condition, that the person must not be questioned by a police officer under Division 5A while detained under the order but may be questioned under section 13ZK; and\n\nS. 13X(2)(cc) inserted by No. 32/2018 s. 25(a).\n\n(cc) the fact, if the Supreme Court has made the order not subject to a questioning prohibition condition, that the person—\n\n(i) may be questioned by a police officer under Division 5A while detained under the order for a duration that is reasonable and that is consistent with any applicable questioning limitation condition; and\n\n(ii) is entitled to breaks during questioning as specified in section 13ZNB(5)(a) and (b); and\n\n(d) the person's entitlement under section 13O(9) to make representations to the senior police officer nominated under section 13P(4) in relation to the order with a view to having the order, or a prohibited contact order, revoked or varied under section 13O; and\n\nS. 13X(2)(e) amended by No. 82/2012 s. 167(6).\n\n(e) any right the person has to complain to the Ombudsman under the **Ombudsman Act** **1973** or the IBAC under the **Independent Broad-based Anti-corruption Commission Act 2011** in relation to—\n\nS. 13X(2)(e)(i) amended by No. 32/2018 s. 25(b).\n\n(i) the application for the preventative detention order or a prohibited contact order or a counter-terrorism intelligence protection order; or\n\n(ii) the treatment of the person in connection with the person's detention under the preventative detention order; and\n\n(f) the fact that the person may seek from a court a remedy relating to—\n\n(ii) a prohibited contact order; or\n\nS. 13X(2)(f)(iia) inserted by No. 32/2018 s. 25(c).\n\n(iia) a counter-terrorism intelligence protection order; or\n\n(iii) the treatment of the person in connection with the person's detention under the preventative detention order; and\n\nNote to s. 13X(2)(f) amended by No. 30/2006 s. 17(2), repealed by No. 32/2018 s. 25(d).\n\n(g) the person's entitlement under section 13ZF to contact a lawyer; and\n\nS. 13X(2)(ga) inserted by No. 32/2018 s. 25(e).\n\n(ga) in the case of a child being detained under this Part, the child's entitlement to contact the Commission for Children and Young People under section 13ZFA; and\n\nS. 13X(2)(gb) inserted by No. 32/2018 s. 25(e).\n\n(gb) the person's entitlement to an interpreter under section 13JA or 13ZNC; and\n\nS. 13X(2)(gc) inserted by No. 32/2018 s. 25(e).\n\n(gc) the person's entitlement to contact a consular office under section 13ZFB or 13ZND; and\n\n(h) the name and work telephone number of the senior police officer who has been nominated under section 13P(4) to oversee the exercise of powers under, and the performance of obligations in relation to, the order.\n\nS. 13X(3) amended by No. 37/2014 s. 10(Sch. item 167.21).\n\n(3) Without limiting subsection (2)(c), the police officer who is detaining a person under a preventative detention order must inform the person under that subsection about the persons that he or she may contact under section 13ZD or 13ZH.\n\nS. 13Y inserted by No. 5/2006 s. 4, amended by No. 37/2014 s. 10(Sch. item 167.21).\n\n","sortOrder":86},{"sectionNumber":"13Y","sectionType":"section","heading":"Person being detained to be informed of extension of preventative detention order","content":"\t13Y Person being detained to be informed of extension of preventative detention order\n\nIf a preventative detention order is extended, or further extended, under section 13I, the police officer detaining the person under the order must inform the person of the extension, or further extension, as soon as practicable after the extension, or further extension, is made.\n\n1 A contravention of this section may be an offence under section 13ZN.\n\n2 A contravention of this section does not affect the lawfulness of the person's detention under the order (see section 13Z(5)).\n\nS. 13Z inserted by No. 5/2006 s. 4.\n\n","sortOrder":87},{"sectionNumber":"13Z","sectionType":"section","heading":"Compliance with obligations to inform","content":"\t13Z Compliance with obligations to inform\n\nS. 13Z(1) amended by No. 37/2014 s. 10(Sch. item 167.22(a)).\n\n(1) Section 13X(1) or 13Y does not apply if the actions of the person being detained under the preventative detention order make it impracticable for the police officer to comply with that section.\n\nS. 13Z(2) amended by No. 37/2014 s. 10(Sch. item 167.22(b)).\n\n(2) The police officer detaining the person under the preventative detention order complies with section 13X(1) if the police officer informs the person in substance of the matters covered by section 13X(2) (even if this is not done in language of a precise or technical nature).\n\nS. 13Z(3) amended by No. 37/2014 s. 10(Sch. item 167.22(c)).\n\n(3) The police officer who is detaining the person under the preventative detention order must arrange for the assistance of an interpreter in complying with section 13X(1) or 13Y if the police officer has reasonable grounds to believe that the person is unable, because of inadequate knowledge of the English language or a disability, to communicate with reasonable fluency in that language.\n\n(4) Without limiting subsection (3), the assistance of the interpreter may be provided by telephone.\n\n(5) The lawfulness of a person's detention under a preventative detention order is not affected by a failure to comply with section 13X(1) or 13Y or subsection (3) of this section.\n\nS. 13ZA inserted by No. 5/2006 s. 4.\n\n\t13ZA Copy of preventative detention order\n\nS. 13ZA(1) amended by No. 37/2014 s. 10(Sch. item 167.23(a)).\n\n(1) As soon as practicable after a person is first taken into custody or detained under a preventative detention order, the police officer who is detaining the person under the order must give the person—\n\n(a) a copy of the order and of any prohibited contact order in force in relation to his or her detention; and\n\n(b) a summary of the grounds on which any prohibited contact order is made.\n\nS. 13ZA(2) substituted by No. 32/2018 s. 26(1).\n\n(2) To avoid doubt, subsection (1)(b) does not require counter-terrorism intelligence to be included in the summary.\n\nS. 13ZA(3) amended by No. 37/2014 s. 10(Sch. item 167.23(b)).\n\n(3) Despite section 13P(2), a police officer does not need to have a copy of the preventative detention order with him or her, or to produce a copy of the order to the person being taken into custody when the police officer takes the person into custody.\n\nS. 13ZA(4) amended by No. 37/2014 s. 10(Sch. item 167.23(c)).\n\n(4) As soon as practicable after a preventative detention order is extended, or further extended, under section 13I, the police officer who is detaining the person under the preventative detention order must give the person a copy of the order under section 13I(6).\n\nS. 13ZA(5) amended by No. 37/2014 s. 10(Sch. item 167.23(c)).\n\n(5) A person who is being detained under a preventative detention order may request a police officer who is detaining the person to arrange for a copy of—\n\n(a) the preventative detention order or of any prohibited contact order in force in relation to his or her detention; or\n\n(b) any summary given to the person under subsection (1)(b); or\n\n(c) any order under section 13I(6)—\n\nto be given to a lawyer acting for the person in relation to the order.\n\nNotes to s. 13ZA(5) amended by No. 37/2014 s. 10(Sch. item 167.23(c)).\n\n1 Section 13ZF deals with the person's right to contact a lawyer and the obligation of the police officer detaining the person to give the person assistance to choose a lawyer.\n\n2 Section 13ZI prevents the person from contacting a lawyer who is specified in a prohibited contact order.\n\nS. 13ZA(6) amended by No. 37/2014 s. 10(Sch. item 167.23(c)).\n\n(6) The police officer must make arrangements for a copy of an order or the summary to be given to the lawyer as soon as practicable after the request is made.\n\nS. 13ZA(7) amended by No. 32/2018 s. 26(2).\n\n(7) Without limiting subsection (6), the copy of an order or the summary may be sent to the lawyer by electronic communication.\n\n(8) To avoid doubt, subsection (6) does not entitle the lawyer to be given a copy of, or see, a document other than the preventative detention order, the prohibited contact order, any summary given under subsection (1)(b) or any order under section 13I(6).\n\nS. 13ZA(9) amended by No. 37/2014 s. 10(Sch. item 167.23(c)).\n\n(9) The police officer who gives—\n\n(a) the person being detained under a preventative detention order; or\n\n(b) a lawyer acting for the person—\n\na copy of the preventative detention order under this section must endorse on the copy the date on which, and time at which, the person was first taken into custody or detained under the order.\n\nS. 13ZA(10) amended by No. 37/2014 s. 10(Sch. item 167.23(c)).\n\n(10) Subsection (1), (4), (6) or (9) does not apply if the actions of the person being detained under the preventative detention order make it impracticable for the police officer to comply with that subsection.\n\n(11) The lawfulness of a person's detention under a preventative detention order is not affected by a failure to comply with subsection (1), (4), (6) or (9).\n\nDivision 5—Treatment of person detained\n\nS. 13ZB inserted by No. 5/2006 s. 4.\n\n\t13ZB Humane treatment of person being detained\n\nA person being taken into custody, or being detained, under a preventative detention order—\n\n(a) must be treated with humanity and with respect for human dignity; and\n\n(b) must not be subjected to cruel, inhuman or degrading treatment—\n\nby anyone exercising authority under the order or implementing or enforcing the order.\n\nA contravention of this section may be an offence under section 13ZN.\n\nS. 13ZBA inserted by No. 5/2006 s. 4.\n\n\t13ZBA Detention of persons under 18\n\nS. 13ZBA(1) amended by No. 37/2014 s. 10(Sch. item 167.24).\n\n(1) Subject to subsection (2), the police officer detaining a person who is under 18 years of age under a preventative detention order must ensure that the person is not detained together with persons who are 18 years of age or older.\n\nS. 13ZBA(2) amended by No. 32/2018 s. 27.\n\n(2) Subsection (1) does not apply if a senior police officer, nominated under section 13P(4) in relation to the preventative detention order, approves the person being detained together with persons who are 18 years of age or older.\n\nS. 13ZBA(3) amended by No. 32/2018 s. 27.\n\n(3) The senior police officer, nominated under section 13P(4) in relation to the preventative detention order, may give an approval under subsection (2) only if there are exceptional circumstances justifying the giving of the approval.\n\n(4) An approval under subsection (2) must—\n\n(a) be given in writing; and\n\n(b) set out the exceptional circumstances that justify the giving of the approval.\n\nS. 13ZC inserted by No. 5/2006 s. 4.\n\n\t13ZC Restriction on contact with other people\n\nS. 13ZC(1) amended by No. 32/2018 s. 28(1).\n\n(1) Except as provided by sections 13ZD, 13ZE, 13ZF, 13ZFA, 13ZFB, 13ZFC, 13ZH or 13ZNF, while a person is being detained under a preventative detention order, the person—\n\n(a) is not entitled to contact another person; and\n\n(b) may be prevented from contacting another person.\n\nS. 13ZC(2) amended by Nos 48/2006 s. 42(Sch. item 35.6), 34/2008 s. 143(Sch. 2 item 13.5), 82/2012 s. 167(7), 37/2014 s. 10(Sch. item 167.25(a)), substituted by No. 32/2018 s. 28(2).\n\n(2) While a person is being detained in a prison or youth justice facility under a preventative detention order or an order for the person's detention made under a corresponding preventative detention law, the person is required to give to a police officer (within the meaning of this Act) or a police officer (within the meaning of Part 5.3 of the Criminal Code of the Commonwealth), as the case requires, exercising authority under the order any letter that the person wishes to send to any person other than—\n\n(a) the Ombudsman under the **Ombudsman Act 1973**; or\n\n(b) the IBAC under the **Independent Broad‑based Anti-corruption Commission Act 2011**; or\n\n(c) the Commission for Children and Young People; or\n\n(d) the Commonwealth Ombudsman under the Ombudsman Act 1976 of the Commonwealth; or\n\n(e) the Commissioner or an AFP appointee (within the meaning of the Australian Federal Police Act 1979 of the Commonwealth) under Part V of that Act.\n\nS. 13ZC(3) amended by Nos 48/2006 s. 42(Sch. item 35.6), 37/2014 s. 10(Sch. item 167.25(b)(ii)).\n\n(3) A prison officer within the meaning of the **Corrections Act 1986** or the officer in charge of a youth justice facility who receives—\n\nS. 13ZC(3)(a) amended by Nos 48/2006 s. 42(Sch. item 35.6), 37/2014 s. 10(Sch. item 167.25(b)(i)).\n\n(a) from a person being detained in a prison or youth justice facility under an order referred to in subsection (2) a letter required by that subsection to be given to a police officer (within the meaning of this Act) or a police officer (within the meaning of Part 5.3 of the Criminal Code of the Commonwealth) exercising authority under the order; or\n\nS. 13ZC(3)(b) amended by No. 48/2006 s. 42(Sch. item 35.6).\n\n(b) a letter sent to a person being detained in a prison or youth justice facility under an order referred to in subsection (2)—\n\nmust as soon as practicable give that letter to such a police officer.\n\nS. 13ZC(4) amended by No. 48/2006 s. 42(Sch. item 35.6).\n\n(4) This section applies to legal documents exchanged between a lawyer and a person being detained in a prison or youth justice facility under an order referred to in subsection (2) as if that document were a letter.\n\nS. 13ZC(5) amended by No. 48/2006 s. 42(Sch. item 35.6).\n\n(5) A person being detained in a prison or youth justice facility under an order referred to in subsection (2) may retain any legal documents that are in his or her possession, subject to reasonable quantity limits imposed by the Governor of the prison or the officer in charge of the youth justice facility (as the case requires).\n\n1 This section will not apply to the person if the person is released from detention under the order (even though the order may still be in force in relation to the person).\n\n2 A person's entitlement to contact other people under sections 13ZD, 13ZF and 13ZH may be subject to a prohibited contact order made under section 13L or 13M (see section 13ZI).\n\nS. 13ZD inserted by No. 5/2006 s. 4.\n\n\t13ZD Contacting family members etc.\n\nS. 13ZD(1) repealed by No. 32/2018 s. 32.\n\nS. 13ZD(2) amended by No. 32/2018 s. 29.\n\n(2) The person being detained is entitled to contact once—\n\n(a) his or her parents or one of his or her other family members; and\n\n(b) if he or she—\n\n(i) lives with another person and that other person is not a family member of the person being detained; or\n\n(ii) lives with other people and those other people are not family members of the person being detained—\n\nthat other person or one of those other people; and\n\n(c) if he or she is employed—his or her employer; and\n\n(d) if he or she employs people in a business—one of the people he or she employs in that business; and\n\n(e) if he or she engages in a business together with another person or other people—that other person or one of those other people; and\n\nS. 13ZD(2)(f) amended by No. 37/2014 s. 10(Sch. item 167.26).\n\n(f) if the police officer detaining the person agrees to the person contacting another person—that person—\n\nby telephone or electronic communication but solely for the purposes of letting the person contacted know that the person being detained is safe and is being detained.\n\n(3) To avoid doubt, the person being detained is entitled, under subsection (2), to disclose—\n\n(a) the fact that a preventative detention order has been made in relation to the person; and\n\n(b) the fact that the person is being detained; and\n\n(4) If the preventative detention order so allows, the person being detained, in addition to any entitlement under subsection (2), is entitled, while being detained under the order, to have further contact with one or more of his or her family members or any other person or persons, as specified in the order.\n\n(5) To avoid doubt, the person being detained is entitled to disclose the following to a person with whom he or she has contact under subsection (4)—\n\n(a) the fact that a preventative detention order has been made in relation to the person;\n\n(b) the fact that the person is being detained;\n\n(6) The form of contact that the person being detained is entitled to have with another person under subsection (4) includes—\n\nS. 13ZD(6)(b) amended by No. 32/2018 s. 29.\n\n(7) The period for which the person being detained is entitled to have contact with another person on any day under subsection (4), and the number of days on which he or she is entitled to have such contact, is as is specified in the preventative detention order.\n\nS. 13ZE inserted by No. 5/2006 s. 4,  \namended by Nos 34/2008 s. 143(Sch. 2 item 13.6), 82/2012 s. 167(8).\n\n\t13ZE Contacting Ombudsman etc.\n\nThe person being detained is entitled to contact the Ombudsman under the **Ombudsman Act 1973** or the IBAC.\n\nS. 13ZF inserted by No. 5/2006 s. 4.\n\n\t13ZF Contacting lawyer\n\n(1) The person being detained is entitled to contact a lawyer but solely for the purpose of—\n\nS. 13ZF(1)(aa) inserted by No. 32/2018 s. 30(1)(a).\n\n(aa) the person's entitlement to communicate with a lawyer under section 13ZND or 13ZNE; or\n\n(a) obtaining advice from the lawyer about the person's legal rights in relation to—\n\n(ii) a prohibited contact order in force in relation to his or her detention; or\n\nS. 13ZF(1) (a)(iia) inserted by No. 32/2018 s. 30(1)(b).\n\n(iia) the questioning of the person under Division 5A; or\n\n(iii) the treatment of the person in connection with the person's detention under the preventative detention order; or\n\nS. 13ZF(1) (a)(iv) inserted by No. 32/2018 s. 30(1)(c).\n\n(iv) any counter-terrorism intelligence protection order; or\n\n(b) arranging for the lawyer to act for the person in relation to, and instructing the lawyer in relation to, proceedings in a court for a remedy relating to—\n\n(ii) a prohibited contact order in force in relation to his or her detention; or\n\n(iii) the treatment of the person in connection with the person's detention under the preventative detention order; or\n\nS. 13ZF(1) (b)(iv) inserted by No. 32/2018 s. 30(1)(d).\n\n(iv) any counter-terrorism intelligence protection order; or\n\nS. 13ZF(1)(c) amended by Nos 34/2008 s. 143(Sch. 2 item 13.7), 82/2012 s. 167(9), 37/2014 s. 10(Sch. item 167.27(a)(i)).\n\n(c) arranging for the lawyer to act for the person in relation to, and instructing the lawyer in relation to, a complaint to the Ombudsman under the **Ombudsman Act 1973**, a complaint to the IBAC under Part 9 of the **Victoria Police Act 2013** or an investigation by the IBAC under Part 3 of the **Independent Broad-based Anti-corruption Commission Act 2011** in relation to—\n\n(i) the application for the preventative detention order or a prohibited contact order; or\n\nS. 13ZF(1)  \n(c)(ii) amended by No. 37/2014 s. 10(Sch. item 167.27(a)(ii)).\n\n(ii) the treatment of the person by a police officer in connection with the person's detention under the preventative detention order; or\n\nS. 13ZF(1) (c)(iii) inserted by No. 32/2018 s. 30(1)(e).\n\n(iii) any application for a counter-terrorism intelligence protection order; or\n\n(d) arranging for the lawyer to act for the person in relation to an appearance, or hearing, before a court or tribunal in a proceeding to which the person is a party or in which he or she otherwise has standing to appear that is to take place while the person is being detained under the order.\n\n(2) The form of contact that the person being detained is entitled to have with a lawyer under subsection (1) includes—\n\n(a) being visited by the lawyer; and\n\nS. 13ZF(2)(b) amended by No. 32/2018 s. 30(2).\n\n(b) communicating with the lawyer by telephone or electronic communication; and\n\n(c) exchanging legal documents with the lawyer.\n\nS. 13ZF(3) amended by No. 37/2014 s. 10(Sch. item 167.27(b)).\n\n(a) the person being detained (or, if he or she is under 18 years of age or is incapable of managing his or her affairs, a person with whom he or she has contact under section 13ZH) asks to be allowed to contact a particular lawyer under subsection (1); and\n\nS. 13ZF(3)(b)(i) amended by No. 32/2018 s. 30(3).\n\n(i) the person is not entitled to contact that lawyer because of section 13ZI (prohibited contact order) or section 13ZNG; or\n\n(ii) the person is not able to contact that lawyer—\n\nthe police officer who is detaining the person must give the person reasonable assistance to choose another lawyer for the person to contact under subsection (1).\n\nS. 13ZF(4) amended by No. 37/2014 s. 10(Sch. item 167.27(c)).\n\n(4) If the police officer who is detaining a person under a preventative detention order has reasonable grounds to believe that—\n\n(a) the person is unable, because of inadequate knowledge of the English language, or a disability, to communicate with reasonable fluency in that language; and\n\n(b) the person may have difficulties in choosing or contacting a lawyer because of that inability—\n\nthe police officer must give the person reasonable assistance (including, if appropriate, by arranging for the assistance of an interpreter) to choose and contact a lawyer under subsection (1).\n\nS. 13ZF(5) amended by No. 37/2014 s. 10(Sch. item 167.27(d)).\n\n(5) In recommending lawyers as part of giving a person assistance under subsection (3) or (4), the police officer who is detaining the person may give priority to lawyers who have been given a security clearance at an appropriate level by the Attorney-General's Department of the Commonwealth.\n\n(6) Despite subsection (5) but subject to section 13ZI, the person is entitled under this section to contact a lawyer who does not have a security clearance of the kind referred to in subsection (5).\n\nS. 13ZFA inserted by No. 32/2018 s. 31.\n\n\t13ZFA Contacting the Commission for Children and Young People\n\n(1) A person being detained under a preventative detention order who is a child is entitled to contact the Commission for Children and Young People.\n\n(2) The form of contact that the child is entitled to have with another person under subsection (1) includes—\n\nS. 13ZFB inserted by No. 32/2018 s. 31.\n\n\t13ZFB Contact with consular office\n\nA person being detained under a preventative detention order who is not a citizen or permanent resident of Australia is entitled to contact the consular office of the country of which the person is a citizen.\n\nS. 13ZFC inserted by No. 32/2018 s. 31.\n\n\t13ZFC Contact with special counsel\n\nA person detained under a preventative detention order is entitled to contact a special counsel appointed under section 32 to represent the person's interests under Part 5 for the purposes of section 33(1)(b) or (2)(b).\n\nS. 13ZG inserted by No. 5/2006 s. 4.\n\n\t13ZG Monitoring contact under section 13ZD or 13ZF\n\nS. 13ZG(1) amended by No. 37/2014 s. 10(Sch. item 167.28).\n\n(1) The contact the person being detained has with another person under section 13ZD or (unless the Supreme Court has otherwise directed under section 13F(6)) 13ZF may take place only if it is conducted in such a way that the contact, and the content and meaning of the communication that takes place during the contact, can be effectively monitored by a police officer exercising authority under the preventative detention order.\n\n(2) The contact may take place in a language other than English only if the content and meaning of the communication that takes place during the contact can be effectively monitored with the assistance of an interpreter.\n\nS. 13ZG(3) amended by No. 37/2014 s. 10(Sch. item 167.28).\n\n(3) Without limiting subsection (2), the interpreter referred to in that subsection may be a police officer.\n\nS. 13ZG(4) amended by No. 37/2014 s. 10(Sch. item 167.28).\n\n(4) If the person being detained indicates that he or she wishes the contact to take place in a language other than English, the police officer who is detaining the person must—\n\n(a) arrange for the services of an appropriate interpreter to be provided if it is reasonably practicable to do so during the period during which the person is being detained; and\n\nS. 13ZG(5) substituted by No. 32/2018 s. 33(1).\n\n(5) The following are not admissible in evidence against the person who is being, or has been, detained under a preventative detention order in any proceedings in a court or tribunal—\n\n(a) any communication between the person and a lawyer for a purpose referred to in section 13ZF(1)(aa), (a), (b), (c) or (d);\n\n(b) any information derived from, or obtained as a result of, the monitoring of any communication between the person and a lawyer for a purpose referred to in section 13ZF(1)(aa), (a), (b), (c) or (d).\n\n(6) The contact the person being detained has with a lawyer under section 13ZF must not be monitored in accordance with this section if the preventative detention order so provides under section 13F(6).\n\nS. 13ZG(7) inserted by No. 32/2018 s. 33(2).\n\n(7) This section does not apply to any contact the person being detained has with a lawyer under section 13ZF for the purpose of any communication under section 33(1)(b) or (2)(b).\n\nS. 13ZH inserted by No. 5/2006 s. 4.\n\n\t13ZH Special contact rules for person under 18 or incapable of managing own affairs\n\n(1) This section applies if the person being detained under a preventative detention order—\n\n(b) is incapable of managing his or her affairs.\n\n(2) The person is entitled, while being detained under the order, to have contact with—\n\n(b) another person who—\n\n(i) is able to represent the person's interests; and\n\n(b)(ii) amended by No. 37/2014 s. 10(Sch. item 167.29(a)(i)).\n\n(ii) is, as far as practicable in the circumstances, acceptable to the person and to the police officer who is detaining the person; and\n\n(b)(iii) amended by No. 37/2014 s. 10(Sch. item 167.29(a)(i)).\n\n(iii) is not a police officer; and\n\n(iv) is not an AFP member or an AFP employee (within the meaning of the Australian Federal Police Act 1979 of the Commonwealth); and\n\n(b)(v) amended by No. 37/2014 s. 10(Sch. item 167.29(a)(ii)).\n\n(v) is not a member (however described) of a police force or police service of another State or of a Territory; and\n\n(vi) is not an officer or employee of the Australian Security Intelligence Organisation.\n\n(3) To avoid doubt—\n\n(a) if the person being detained (the ***detainee***) has 2 parents or 2 or more guardians, the detainee is entitled, subject to section 13ZI, to have contact under subsection (2) with each of those parents or guardians; and\n\n(b) the detainee is entitled to disclose the following to a person with whom the detainee has contact under subsection (2)—\n\n(i) the fact that a preventative detention order has been made in relation to the detainee;\n\n(ii) the fact that the detainee is being detained;\n\n(iii) the period for which the detainee is being detained.\n\n(4) The form of contact that the person being detained is entitled to have with another person under subsection (2) includes—\n\nS. 13ZH(4)(b) amended by No. 32/2018 s. 34.\n\n(5) The period for which the person being detained is entitled to have contact with another person each day under subsection (2) is—\n\n(a) 2 hours; or\n\n(b) such longer period as is specified in the preventative detention order.\n\nSee section 13F(7).\n\nS. 13ZH(6) amended by No. 37/2014 s. 10(Sch. item 167.29(b)).\n\n(6) Despite subsection (5), the police officer who is detaining the person may permit the person to have contact with a person under subsection (2) for a period that is longer than the period provided for in subsection (5).\n\nS. 13ZH(7) amended by No. 37/2014 s. 10(Sch. item 167.29(b)).\n\n(7) The contact that the person being detained has with another person under subsection (2) must be conducted in such a way that the content and meaning of any communication that takes place during the contact can be effectively monitored by a police officer exercising authority under the preventative detention order.\n\n(8) If the communication that takes place during the contact takes place in a language other than English, the contact may continue only if the content and meaning of the communication in that language can be effectively monitored with the assistance of an interpreter.\n\nS. 13ZH(9) amended by No. 37/2014 s. 10(Sch. item 167.29(b)).\n\n(9) Without limiting subsection (8), the interpreter referred to in that subsection may be a police officer.\n\nS. 13ZH(10) amended by No. 37/2014 s. 10(Sch. item 167.29(b)).\n\n(10) If the person being detained indicates that he or she wishes the communication that takes place during the contact to take place in a language other than English, the police officer who is detaining the person must—\n\n(a) arrange for the services of an appropriate interpreter to be provided if it is reasonably practicable to do so during the period during which the person is being detained; and\n\n(11) If—\n\n(a) the person being detained has contact under subsection (2) with a parent or guardian of the person; and\n\n(b) a prohibited contact order is in force in relation to another parent or guardian of the person—\n\nthe senior police officer nominated under section 13P(4) in relation to the preventative detention order must inform the parent or guardian with whom the person being detained has had contact that he or she must not disclose to the other parent or guardian information of the kind referred to in section 13ZJ(3)(b).\n\nS. 13ZI inserted by No. 5/2006 s. 4, amended by No. 32/2018 s. 35.\n\n\t13ZI Entitlement to contact subject to prohibited contact order\n\nSections 13ZD, 13ZF, 13ZFB, 13ZH or 13ZNF have effect subject to any prohibited contact order made in relation to the person's detention.\n\nS. 13ZJ inserted by No. 5/2006 s. 4.\n\n\t13ZJ Disclosure offences\n\n(1) A person (the ***subject***) commits an offence if—\n\n(a) the subject is being detained under a preventative detention order; and\n\n(b) the subject intentionally discloses to another person—\n\n(i) the fact that a preventative detention order has been made in relation to the subject; or\n\n(ii) the fact that the subject is being detained; or\n\n(iii) the fact that a prohibited contact order has been made in relation to the subject's detention; and\n\n(c) the disclosure occurs while the subject is being detained under the order; and\n\nS. 13ZJ(1)(d) amended by No. 32/2018 s. 36(1).\n\n(d) the disclosure is not one that the subject is entitled to make under section 13ZD, 13ZE, 13ZF, 13ZFA, 13ZFB, 13ZFC or 13ZH.\n\n(2) A person (the ***lawyer***) commits an offence if—\n\n(a) a person being detained under a preventative detention order (the ***detainee***) contacts the lawyer under section 13ZF or a person with whom the detainee has contact under section 13ZH contacts the lawyer as mentioned in subsection (3)(e)(ii) of this section; and\n\n(b) the lawyer intentionally discloses to another person—\n\n(iii) any information that the detainee or other person gives the lawyer in the course of the contact; and\n\n(c) the disclosure occurs while the detainee is being detained under the order; and\n\n(d) the disclosure is not made for the purposes of—\n\nS. 13ZJ(2)(d)(i) amended by No. 32/2018 s. 36(2)(a).\n\n(i) proceedings in a court for a remedy relating to the preventative detention order, a prohibited contact order or a counter-terrorism intelligence protection order or the treatment of the detainee in connection with the detainee's detention under the preventative detention order; or\n\nS. 13ZJ(2)(d)(ii) amended by No. 34/2008 s. 143(Sch. 2 item 13.7), substituted by No. 82/2012 s. 167(10)(a), amended by Nos 82/2012 s. 319, 37/2014 s. 10(Sch. item 167.30(a)(i)), 32/2018 s. 36(2)(a).\n\n(ii) a complaint to the Ombudsman underthe **Ombudsman Act 1973**, a complaint to the IBAC under Part 9 ofthe **Victoria Police Act 2013**,  a complaint under section 52 of the **Independent Broad-based Anti‑corruption Commission Act 2011** or  an investigation by the IBAC under Part 3 of that Act  in relation to the application for the preventative detention order or a prohibited contact order or a counter-terrorism intelligence protection order or the treatment of the detainee by a police officer in connection with the detainee's detention under the preventative detention order; or\n\nS. 13ZJ(2) (d)(iia) inserted by No. 32/2018 s. 36(2)(b).\n\n(iia) communicating with the Commission for Children and Young People in relation to the performance or exercise of the Commission's functions or powers under or in relation to this Part; or\n\nS. 13ZJ(2)  \n(d)(iii) amended by No. 37/2014 s. 10(Sch. item 167.30(a)(ii)).\n\n(iii) making representations to the senior police officer nominated under section 13P(4) in relation to the preventative detention order, or another police officer involved in the detainee's detention, about the exercise of powers under the order, the performance of obligations in relation to the order or the treatment of the detainee in connection with the detainee's detention under the order.\n\n(3) A person (the ***parent/guardian***) commits an offence if—\n\n(a) a person being detained under a preventative detention order (the ***detainee***) has contact with the parent/guardian under section 13ZH; and\n\n(b) the parent/guardian intentionally discloses to another person—\n\n(iii) any information that the detainee gives the parent/guardian in the course of the contact; and\n\n(c) the other person is not a person the detainee is entitled to have contact with under section 13ZH; and\n\n(d) the disclosure occurs while the detainee is being detained under the order; and\n\n(e) the disclosure is not made for the purposes of—\n\nS. 13ZJ(3)(e)(i) amended by Nos 82/2012 s. 167(10)(b), 37/2014 s. 10(Sch. item 167.30(b)(i)), 32/2018 s. 36(3).\n\n(i) a complaint to the Ombudsman under the **Ombudsman Act 1973** or the IBAC under Part 9 of the **Victoria Police Act 2013** in relation to the application for the preventative detention order or a prohibited contact order or a counter-terrorism intelligence protection order or the treatment of the detainee by a police officer in connection with the detainee's detention under the preventative detention order; or\n\n(ii) contacting a lawyer whom the detainee is entitled to contact under section 13ZF for any purpose for which the detainee is entitled to contact that lawyer under that section; or\n\nS. 13ZJ(3)  \n(e)(iii) amended by No. 37/2014 s. 10(Sch. item 167.30(b)(ii)).\n\n(iii) making representations to the senior police officer nominated under section 13P(4) in relation to the preventative detention order, or another police officer involved in the detainee's detention, about the exercise of powers under the order, the performance of obligations in relation to the order or the treatment of the detainee in connection with the detainee's detention under the order.\n\nS. 13ZJ(4) amended by Nos 32/2018 s. 79(8), 47/2021 s. 22(19)(a).\n\n(4) A person who is employed in the Department of Justice and Community Safety, or the Department of Health and Human Services, under Part 3 of the **Public Administration Act 2004** does not contravene subsection (3) merely by making a disclosure to another person employed in that Department in the exercise of powers or performance of functions under or in connection with any Act.\n\nNote to s. 13ZJ(4) amended by No. 48/2006 s. 42(Sch. item 35.7), substituted by No. 32/2018 s. 36(4), amended by No. 47/2021 s. 22(19)(b).\n\nA child may be in the custody of the Secretary under the **Children, Youth and Families Act 2005**. The Secretary to the Department of Health and Human Services may have parental responsibility for a child under that Act or be the guardian of a child under the **Adoption Act 1984**. A Secretary's functions may be delegated to staff in the Department.\n\n(5) To avoid doubt, a person does not contravene subsection (2) or (3) merely by letting another person know that the detainee is safe but is not able to be contacted for a specified period.\n\n(6) A person (the ***parent/guardian***) commits an offence if—\n\n(a) the parent/guardian is a parent or guardian of a person who is being detained under a preventative detention order (the ***detainee***); and\n\n(b) the detainee has contact with the parent/guardian under section 13ZH; and\n\n(c) while the detainee is being detained under the order, the parent/guardian intentionally discloses information of the kind referred to in subsection (3)(b) to another parent or guardian of the detainee (the ***other parent/guardian***); and\n\n(d) when the disclosure is made, the detainee has not had contact with the other parent/guardian under section 13ZH while being detained under the order; and\n\n(e) when the disclosure is made, the parent/guardian has been informed under section 13ZH(11) by the senior police officer nominated under section 13P(4) in relation to the order that the parent/guardian must not disclose information of that kind to the other parent/guardian.\n\n(a) a person (the ***parent/guardian***) is a parent or guardian of a person being detained under a preventative detention order (the ***detainee***); and\n\n(b) the parent/guardian informs the senior police officer nominated under section 13P(4) in relation to the order that the parent/guardian proposes to disclose information of the kind referred to in subsection (3)(b) to another parent or guardian of the detainee (the ***other parent/guardian***)—\n\nthat senior police officer may inform the parent/guardian that the detainee is not entitled to contact the other parent/guardian under section 13ZH.\n\nThe parent/guardian may commit an offence against subsection (3) if the other parent/guardian is a person the detainee is not entitled to have contact with under section 13ZH and the parent/guardian does disclose information of that kind to the other parent/guardian.  \nThis is because of the operation of subsection (3)(c).\n\n(8) A person (the ***interpreter***) commits an offence if—\n\n(a) the interpreter is an interpreter who assists in monitoring the contact that a person being detained under a preventative detention order (the ***detainee***) has with someone while the detainee is being detained under the order; and\n\n(b) the interpreter intentionally discloses to another person—\n\n(iii) any information that interpreter obtains in the course of assisting in the monitoring of that contact; and\n\n(c) the disclosure occurs while the detainee is being detained under the order.\n\n(9) A person (the ***disclosure recipient***) commits an offence if—\n\n(a) a person (the ***earlier discloser***) discloses to the disclosure recipient—\n\n(i) the fact that a preventative detention order has been made in relation to a person; or\n\n(ii) the fact that a person is being detained under a preventative detention order; or\n\n(iii) any information that a person who is being detained under a preventative detention order communicates to a person while the person is being detained under the order; and\n\n(b) the disclosure by the earlier discloser to the disclosure recipient contravenes—\n\n(i) subsection (1), (2), (3), (6) or (8); or\n\n(ii) this subsection; and\n\n(c) the disclosure recipient intentionally discloses that information to another person; and\n\n(d) the disclosure by the disclosure recipient occurs while the person referred to in paragraph (a)(i), (ii) or (iii) is being detained under the order; and\n\n(e) the disclosure is not made to a person exercising authority under the preventative detention order or implementing or enforcing the order or with responsibility for the safety or well-being of the person being detained under the order.\n\n(10) A person (the ***monitor***) commits an offence if—\n\n(a) the monitor is—\n\nS. 13ZJ(10)  \n(a)(i) amended by No. 37/2014 s. 10(Sch. item 167.30(c)).\n\n(i) a police officer who monitors; or\n\n(ii) an interpreter who assists in monitoring—\n\ncontact that a person being detained under a preventative detention order (the ***detainee***) has with a lawyer under section 13ZF while the detainee is being detained under the order; and\n\n(b) information is communicated in the course of that contact; and\n\n(c) the information is communicated for one of the purposes referred to in section 13ZF(1); and\n\n(d) the monitor intentionally discloses that information to another person.\n\nSee also section 13ZG(5).\n\nS. 13ZK (Heading) amended by No. 32/2018 s. 37(1).\n\nS. 13ZK inserted by No. 5/2006 s. 4.\n\n\t13ZK Questioning of person prohibited while person is detained if Court orders\n\nS. 13ZK(1AA) inserted by No. 32/2018 s. 37(2).\n\n(1AA) This section applies if the Supreme Court makes a preventative detention order subject to a questioning prohibition condition.\n\nS. 13ZK(1) amended by No. 37/2014 s. 10(Sch. item 167.31(a)(i)).\n\n(1) A police officer must not question a person while the person is being detained under a preventative detention order except for the purposes of—\n\n(a) determining whether the person is the person in relation to whom the order is made; or\n\n(b) ensuring the safety and well‑being of the person being detained; or\n\nS. 13ZK(1)(c) amended by No. 37/2014 s. 10(Sch. item 167.31(a)(ii)).\n\n(c) allowing the police officer to comply with a requirement of this Part in relation to the person's detention under the order.\n\nS. 13ZK(2) amended by No. 37/2014 s. 10(Sch. item 167.31(b)).\n\n(2) A police officer must not question a person while the person is being detained under an order made under a corresponding preventative detention law.\n\nS. 13ZK(3) amended by No. 37/2014 s. 10(Sch. item 167.31(b)).\n\n(3) If a police officer questions a person while the person is being detained under a preventative detention order, the police officer who is detaining the person must ensure that—\n\n(a) a video recording is made of the questioning if it is practicable to do so; or\n\n(b) an audio recording is made of the questioning if it is not practicable for a video recording to be made of the questioning.\n\n(4) Subsection (3) does not apply if—\n\n(a) the questioning occurs to—\n\n(i) determine whether the person is the person in relation to whom the order is made; or\n\n(ii) ensure the safety and well-being of the person being detained; and\n\n(b) complying with subsection (3) is not practicable because of the seriousness and urgency of the circumstances in which the questioning occurs.\n\n(5) A recording made under subsection (3) must be kept for the period of 12 months after the recording is made.\n\n1 This section will not apply to the person if the person is released from detention under the order (even though the order may still be in force in relation to the person).\n\n2 A contravention of this section may be an offence under section 13ZN.\n\nS. 13ZL inserted by No. 5/2006 s. 4.\n\n\t13ZL Taking identification material\n\nS. 13ZL(1) amended by No. 37/2014 s. 10(Sch. item 167.32(a)).\n\n(1) A police officer must not take identification material from a person who is being detained under a preventative detention order except in accordance with this section.\n\nS. 13ZL(2) amended by No. 37/2014 s. 10(Sch. item 167.32(b)(i)).\n\n(2) A police officer who is of or above the rank of sergeant may take identification material from the person, or cause identification material from the person to be taken, if—\n\n(a) the person consents in writing; or\n\nS. 13ZL(2)(b) amended by No. 37/2014 s. 10(Sch. item 167.32(b)(ii)).\n\n(b) the police officer believes on reasonable grounds that it is necessary to do so for the purpose of confirming the person's identity as the person in relation to whom the order is made; or\n\nS. 13ZL(2)(c) amended by No. 37/2014 s. 10(Sch. item 167.32(b)(ii)).\n\n(c) the police officer believes on reasonable grounds that it is necessary to do so for the purpose of documenting an illness or injury suffered by the person while being detained under the order.\n\nS. 13ZL(3) amended by No. 37/2014 s. 10(Sch. item 167.32(c)).\n\n(3) A police officer may use such force as is necessary and reasonable in the circumstances to take identification material from a person under this section.\n\nS. 13ZL(4) amended by No. 37/2014 s. 10(Sch. item 167.32(c)).\n\n(4) Subject to this section, a police officer must not take identification material (other than hand prints, finger prints, foot prints or toe prints) from the person if the person—\n\n(b) is incapable of managing his or her affairs—\n\nunless the Magistrates' Court or the Children's Court (in the case of a person under 18 years of age) orders that the material be taken.\n\n(5) In deciding whether to make such an order, the Magistrates' Court or the Children's Court (as the case requires) must have regard to—\n\n(a) the age, or any disability, of the person; and\n\n(b) such other matters as it thinks fit.\n\n(6) The taking of identification material from a person who—\n\n(b) is incapable of managing his or her affairs—\n\nmust be done in the presence of—\n\n(c) a parent or guardian of the person; or\n\n(d) if a parent or guardian of the person is not acceptable to the person—another appropriate person.\n\n1 For ***appropriate person***, see subsection (10).\n\n2 A contravention of this subsection may be an offence under section 13ZN.\n\n(7) Despite this section, identification material may be taken from a person who is under 18 years of age and is capable of managing his or her affairs if—\n\n(a) subsections (8) and (9) are satisfied; or\n\n(b) subsection (8) or (9) is satisfied (but not both) and the Children's Court orders that the material be taken.\n\nIn deciding whether to make such an order, the Children's Court must have regard to the matters set out in subsection (5).\n\n(8) For the purposes of subsection (7) this subsection is satisfied if the person agrees in writing to the taking of the material.\n\n(9) For the purposes of subsection (7) this subsection is satisfied if either—\n\n(b) if a parent or guardian is not acceptable to the person—another appropriate person—\n\nagrees in writing to the taking of the material.\n\nFor ***appropriate person***, see subsection (10).\n\n(10) A reference in this section to an ***appropriate person*** in relation to a person (the ***subject***) who is under 18 years of age, or incapable of managing his or her affairs, is a reference to a person who—\n\n(a) is capable of representing the subject's interests; and\n\nS. 13ZL(10)(b) amended by No. 37/2014 s. 10(Sch. item 167.32(d)(i)).\n\n(b) as far as is practicable in the circumstances, is acceptable to the subject and the police officer who is detaining the subject; and\n\n(c) is none of the following—\n\nS. 13ZL(10)  \n(c)(i) substituted by No. 37/2014 s. 10(Sch. item 167.32(d)  \n(ii)(A)).\n\n(i) a police officer;\n\n(ii) an AFP member or an AFP employee (within the meaning of the Australian Federal Police Act 1979 of the Commonwealth);\n\nS. 13ZL(10)  \n(c)(iii) amended by No. 37/2014 s. 10(Sch. item 167.32(d)  \n(ii)(B)).\n\n(iii) a member (however described) of a police force or police service of another State or of a Territory;\n\n(iv) an officer or employee of the Australian Security Intelligence Organisation.\n\nS. 13ZM inserted by No. 5/2006 s. 4.\n\n\t13ZM Use of identification material\n\n(1) This section applies if identification material is taken under section 13ZL from a person being detained under a preventative detention order.\n\n(2) The material may be used only for the purpose of determining whether the person is the person in relation to whom the order is made.\n\nS. 13ZM(3) amended by Nos 48/2006 s. 42(Sch. item 35.6), 32/2018 s. 79(9), 47/2021 s. 22(20)(a).\n\n(3) To avoid doubt, if the person is being detained in a prison or youth justice facility under the preventative detention order, the material may be provided to the Secretary and used by him or her only for the purpose of identifying the person while he or she is detained in the prison or youth justice facility.\n\nS. 13ZM(4) amended by Nos 32/2018 s. 79(10), 47/2021 s. 22(20)(b).\n\n(a) a period of 12 months elapses after the identification material is taken; and\n\n(b) proceedings in respect of—\n\n(ii) the treatment of the person in connection with the person's detention under the order—\n\nhave not been brought, or have been brought and discontinued or completed, within that period—\n\nthe material (including material provided to the Secretary) must be destroyed as soon as practicable after the end of that period.\n\nS. 13ZN inserted by No. 5/2006 s. 4.\n\n\t13ZN Offences of contravening safeguards\n\n(a) the person does an act or omits to perform an act; and\n\n(b) the act or omission contravenes—\n\n(i) section 13X(1); or\n\n(ii) section 13Y; or\n\n(iii) section 13ZA(1), (4), (6) or (9); or\n\n(iv) section 13ZB; or\n\n(v) section 13ZBA(1); or\n\n(vi) section 13ZF(3); or\n\n(vii) section 13ZG(6); or\n\n(viii) section 13ZH(11); or\n\n(ix) section 13ZK(1), (2) or (3); or\n\n(x) section 13ZL(1), (4) or (6); or\n\n(xi) section 13ZM(2).\n\n1. Level 7 imprisonment (2 years maximum).\n\nPt 2A Div. 5A (Headings and ss 13ZNA–13ZNO) inserted by No. 32/2018 s. 38.\n\nDivision 5A—Questioning\n\nS. 13ZNA inserted by No. 32/2018 s. 38.\n\n\t13ZNA Application\n\nThis Division applies if—\n\n(a) the Supreme Court makes a preventative detention order; and\n\n(b) that order is not subject to a questioning prohibition condition.\n\nSubdivision 2—Authority to question\n\nS. 13ZNB inserted by No. 32/2018 s. 38.\n\n\t13ZNB Questioning during detention\n\n(1) Subject to this Division, a police officer may question a person being detained under a preventative detention order in connection with—\n\n(a) a terrorist act in relation to which the preventative detention order relating to the person was made; or\n\n(b) any other terrorist act that—\n\n(i) has occurred within 28 days before the day on which the preventative detention order relating to the person was made; or\n\n(ii) the authorised police officer who applied for the preventative detention order has reasonable grounds to suspect could occur within 14 days after the day on which the police detention decision relating to the person was made.\n\n(2) Before any questioning under subsection (1) commences, the police officer must inform the person being detained under the preventative detention order that—\n\n(a) the person does not have to say or do anything but that anything the person does say or do may be given in evidence; and\n\n(b) the person may communicate with or attempt to communicate with a lawyer (whether the term legal practitioner or lawyer is used); and\n\n(c) if the person is not a citizen or permanent resident of Australia—the person may communicate with or attempt to communicate with the consular office of the country of which the person is a citizen; and\n\n(d) if the police officer has reasonable grounds to believe that the person is unable, because of inadequate knowledge of the English language or a disability, to communicate with reasonable fluency in that language—the person may request the assistance of an interpreter.\n\n(3) In addition, before any questioning under subsection (1) commences, the police officer must inform the person being detained under the preventative detention order of the reasons for the making of the preventative detention order.\n\n(4) The duration of any period of questioning of a person being detained under the preventative detention order must be—\n\n(a) reasonable; and\n\n(b) consistent with any questioning limitation condition.\n\n(5) The person must also be given—\n\n(a) a rest from questioning for a continuous period of 8 hours in any period of 24 hours of detention; and\n\n(b) reasonable breaks during any period of questioning.\n\n(6) This section does not prevent the questioning of a person being detained under the preventative detention order for the purposes of—\n\n(a) ensuring the safety and wellbeing of the person; or\n\n(b) allowing a police officer to comply with a requirement imposed by law on the police officer in relation to the detention of the person.\n\nS. 13ZNC inserted by No. 32/2018 s. 38.\n\n\t13ZNC Questioning to be deferred to allow for interpreter\n\n(1) This section applies if a police officer has reasonable grounds to believe that a person being detained under a preventative detention order is unable, because of inadequate knowledge of the English language or a disability, to communicate with reasonable fluency in that language.\n\n(2) A police officer must, before any questioning under section 13ZNB commences, arrange for the presence of a competent interpreter and defer the questioning until the interpreter is present.\n\nS. 13ZND inserted by No. 32/2018 s. 38.\n\n\t13ZND Questioning to be deferred to enable communication with lawyer or consular office\n\nSubject to sections 13ZI and 13ZNG, a police officer must defer questioning under section 13ZNB for a time that is reasonable in the circumstances to enable the person being detained to communicate, or attempt to communicate, with—\n\n(a) a lawyer; or\n\nSee also section 13ZF.\n\n(b) if the person is not a citizen or permanent resident of Australia—the consular office of the country of which the person is a citizen.\n\nS. 13ZNE inserted by No. 32/2018 s. 38.\n\n\t13ZNE Role of lawyers during questioning\n\nIf a person being detained under a preventative detention order arranges for a lawyer to be present during the questioning under section 13ZNB, the police officer conducting the questioning, subject to sections 13ZI and 13ZNG, must—\n\n(a) before any questioning commences, allow the person to communicate with the lawyer; and\n\n(b) allow the lawyer to be present during any questioning and to give advice to the person.\n\nS. 13ZNF inserted by No. 32/2018 s. 38.\n\n\t13ZNF Questioning of children\n\n(1) This section applies if a person being detained under a preventative detention order is a child.\n\n(2) Subject to sections 13ZI and 13ZNG, a police officer must not question the child under section 13ZNB unless—\n\n(a) a parent or guardian of the child or, if a parent or guardian is not available, an independent person is present; and\n\n(b) before any questioning commences, the police officer has allowed the child to communicate with the child's parent or guardian or the independent person.\n\n(3) In addition but subject to subsection (5), if the child, or parent or guardian of the child, does not arrange for a lawyer to be present during questioning under section 13ZNB, a police officer must request Victoria Legal Aid to arrange for a lawyer to be present during questioning.\n\n(4) Despite anything in the **Legal Aid Act 1978**, Victoria Legal Aid must arrange a lawyer (a ***VLA arranged lawyer***) to be present during questioning and to offer to provide legal advice to the child.\n\n(5) If during questioning of the child, a police officer believes on reasonable grounds that the VLA arranged lawyer is unreasonably interfering with the questioning, the police officer may stop that lawyer from being present during that questioning.\n\nIn the case of a lawyer who is not a VLA arranged lawyer, see section 13ZNG.\n\n(6) During any questioning of the child, the child, the child's parent or guardian, the independent person or any lawyer who is present during questioning may request a break in the questioning if the child becomes distressed or unable to concentrate.\n\n(7) A police officer conducting the questioning must not unreasonably refuse to accede to a request under subsection (6).\n\nS. 13ZNG inserted by No. 32/2018 s. 38.\n\n\t13ZNG Communication with lawyers, consular officials, parents, guardians or independent person may be restricted\n\nA police officer does not have to comply with section 13ZND, 13ZNE or 13ZNF(2) if the police officer believes on reasonable grounds that—\n\n(a) the communication or contact would result in—\n\n(i) a risk arising in relation to action being taken to prevent a terrorist act occurring; or\n\n(ii) serious harm to a person; or\n\n(iii) the destruction of evidence of, or relating to, a terrorist act; or\n\n(iv) interference with the gathering of information about—\n\n(A) a terrorist act; or\n\n(B) the preparation for, or the planning of, a terrorist act; or\n\n(v) a risk arising in relation to—\n\n(A) the arrest of a person who is suspected of having committed an offence against Part 5.3 of the Criminal Code of the Commonwealth; or\n\n(B) the taking into custody of a person in relation to whom a police detention decision is in effect, or in relation to whom a police detention decision is likely to be made; or\n\n(C) the taking into custody of a person in relation to whom a preventative detention order is in force, or in relation to whom a preventative detention order is likely to be made; or\n\n(D) the service on a person of a Commonwealth control order; or\n\n(b) the questioning is so urgent, having regard to the safety of other people, that it should not be delayed; or\n\n(c) in the case of a lawyer who is present during the questioning, the lawyer is unreasonably interfering with the questioning.\n\nSubdivision 3—Recording of questioning\n\nS. 13ZNH inserted by No. 32/2018 s. 38.\n\n\t13ZNH Definitions\n\nIn this Subdivision—\n\nS. 13ZNH def. of *authorised person* amended by No. 31/2024 s. 113(Sch. 1 item 39.7).\n\n***authorised person*** means any of the following—\n\n(a) a member of Victoria Police personnel (other than a protective services officer);\n\n(b) a person or body engaged to provide services to Victoria Police in relation to the installation or maintenance of recording equipment;\n\n(c) the Director of Public Prosecutions for Victoria or a person acting under the authority of the Director;\n\n(d) the Chief Crown Prosecutor or a Crown Prosecutor or Associate Crown Prosecutor appointed under the **Public Prosecutions Act 1994**;\n\n(e) a person employed in the Office of Public Prosecutions under the **Public Prosecutions Act 1994**;\n\n(f) a lawyer representing—\n\n(i) the State; or\n\n(ii) an informant;\n\n(g) a lawyer representing a person recorded under section 13ZNJ;\n\n(h) an officer or employee of Victoria Legal Aid employed under the **Legal Aid Act 1978**;\n\n(i) a court or a person acting under the direction of a court;\n\n(j) a coroner within the meaning of the **Coroners Act 2008** or a person acting under the direction of a coroner;\n\n(k) the Information Commissioner appointed under the **Freedom of Information Act 1982** or the Privacy and Data Protection Deputy Commissioner appointed under the **Privacy and Data Protection Act 2014**;\n\n(l) the Chief Examiner or an Examiner appointed under Part 3 of the **Major Crime (Investigative Powers) Act 2004** or a person acting under the direction of the Chief Examiner or an Examiner;\n\n(m) the Commissioner within the meaning of the **Independent Broad-based Anti-corruption Commission Act 2011** or a person acting under the direction of the Commissioner;\n\n(n) the Chief Integrity Inspector within the meaning of the **Integrity Oversight Victoria Act 2011** or a person acting under the direction of the Chief Integrity Inspector;\n\n(o) a member of the Legislative Assembly or Legislative Council or a person acting under the direction of the member;\n\n(p) a person, or person belonging to a class of persons, prescribed for the purposes of this definition;\n\n(q) a police officer or person acting under the direction of the police officer;\n\n(r) a person engaged by a Department or agency to store or retrieve a record;\n\n***publish*** means—\n\n(a) insert in a newspaper or other publication; or\n\n(b) disseminate by broadcast, telecast or cinematograph; or\n\n(c) bring to the notice of the public or any member of the public by any other means, including by publication on the Internet;\n\n***recording*** means a recording made in accordance with section 13ZNJ;\n\n***representation*** has the same meaning as in the **Evidence Act 2008**.\n\nS. 13ZNI inserted by No. 32/2018 s. 38.\n\n\t13ZNI Digital recordings\n\nIf this Subdivision requires an audio recording or an audiovisual recording to be made and the recording is made in a digitised format, the maker of the recording must certify that the recording has not been altered after its making and that the prescribed requirements, if any, in relation to the method of recording have been met.\n\nS. 13ZNJ inserted by No. 32/2018 s. 38.\n\n\t13ZNJ Recording of questioning\n\n(1) A police officer who questions a person under this Division must, in accordance with this section, record the following things (the ***questioning matter***)—\n\n(a) the questioning of the person;\n\n(b) the giving of information to the person under section 13ZNB(2) and (3);\n\n(c) the person's responses (if any) to any questions and the giving of that information.\n\n(2) If the person being questioned is a child, the police officer must make an audiovisual recording of the questioning matter.\n\n(3) If the person being questioned is not a child, the police officer must ensure that—\n\n(a) an audiovisual recording is made of the questioning matter if it is practicable to do so; or\n\n(b) an audio recording is made of the questioning matter if it is not practicable for an audiovisual recording to be made of the questioning matter.\n\nS. 13ZNK inserted by No. 32/2018 s. 38.\n\n\t13ZNK Person questioned to be given copy of recordings\n\n(1) If the questioning of a person or the giving of information is recorded as required under section 13ZNJ, the police officer must give to the person or the person's lawyer without charge—\n\n(a) if either an audio recording or an audiovisual recording was made, a copy of that recording as soon as practicable but not later than 7 days after the recording was made; and\n\n(b) if both an audio recording and an audiovisual recording were made—\n\n(i) the audio recording as soon as practicable but not later than 7 days after the recording was made; and\n\n(ii) if the person is charged with an offence to which the recording relates, a copy of the audiovisual recording as soon as practicable but not later than 7 days after the person is charged; and\n\n(c) if a transcript of the recording is prepared, a copy of the transcript as soon as practicable but not later than 7 days after the transcript was made.\n\n(2) The person or the lawyer representing the person may request an additional copy of the audiovisual recording referred to in subsection (1).\n\n(3) On receiving a request under subsection (2), a police officer must give an additional copy of the audiovisual recording.\n\nS. 13ZNL inserted by No. 32/2018 s. 38.\n\n\t13ZNL Evidence of representations\n\n(1) Subject to subsection (2), evidence of a representation made by a person detained under a preventative detention order that is adverse to the person's interests is inadmissible as evidence against the person in a proceeding for an offence unless—\n\n(a) that representation was recorded by audio recording or audiovisual recording under section 13ZNJ; and\n\n(b) if either an audio recording or an audiovisual recording was made, that recording or, if both an audio recording and an audiovisual recording were made, the audiovisual recording is available to be tendered in evidence.\n\n(2) A court may admit evidence of a representation made by a person detained under a preventative detention order that is otherwise inadmissible by reason of subsection (1) if the person seeking to adduce the evidence satisfies the court on the balance of probabilities that the circumstances—\n\n(a) are exceptional; and\n\n(b) justify the reception of the evidence.\n\nS. 13ZNM inserted by No. 32/2018 s. 38.\n\n\t13ZNM Offences in relation to recordings\n\n(1) A person must not knowingly possess an audio recording or an audiovisual recording unless the person—\n\n(a) is the person who was questioned and given information under section 13ZNB and the audio recording or audiovisual recording is a recording of that questioning and that giving of information; or\n\n(b) is a lawyer representing the person referred to in paragraph (a); or\n\n(c) is an authorised person acting in the performance of his or her duties; or\n\n(d) has possession of the recording in a sealed package in the course of his or her duties as a person engaged by a person referred to in paragraph (a), (b) or (c) to transport the recording to that person.\n\n(2) A person must not play an audio recording or an audiovisual recording to another person unless—\n\n(a) the recording is played for purposes connected with any civil or criminal proceeding and any inquiry before any court or tribunal; or\n\n(b) the recording is played for purposes connected with an investigation of a death or a fire or an inquest held by a coroner; or\n\n(c) the recording is played for purposes connected with disciplinary action against a police officer under the **Victoria Police Act 2013**; or\n\n(d) the recording is played for purposes connected with disciplinary action against a lawyer; or\n\n(e) the recording is played in accordance with the direction of a court under section13ZNN; or\n\n(f) the recording is played by an authorised person acting in the course of his or her duties.\n\n(3) A person must not supply or offer to supply an audio recording or an audiovisual recording to another person other than—\n\n(b) a lawyer representing the person referred to in paragraph (a); or\n\n(c) an authorised person acting in the performance of his or her duties; or\n\n(d) a person engaged by a person referred to in paragraph (a), (b) or (c) to transport the recording.\n\n(4) A person, other than an authorised person acting in the performance of his or her duties, must not copy the whole or any part of an audio recording or an audiovisual recording or permit another person to make such a copy, unless the person is acting in accordance with the direction of a court under section 13ZNN.\n\n(5) An authorised person must not knowingly or recklessly tamper with, modify or erase (in whole or in part) a recording while the recording is being retained under section 13ZNO, except in accordance with the direction of a court under section 13ZNN.\n\n(6) A person must not publish or cause to be published the whole or any part of an audio recording or an audiovisual recording except in accordance with the direction of a court under section 13ZNN.\n\nPenalty: In the case of a natural person, level 7 imprisonment (2 years maximum);\n\nIn the case of a body corporate, 1200 penalty units.\n\nS. 13ZNN inserted by No. 32/2018 s. 38.\n\n\t13ZNN Court may give directions in relation to a recording\n\nA court may give directions, with or without conditions, as to the supply, copying, editing, erasure, playing or publishing of an audio recording or an audiovisual recording.\n\nS. 13ZNO inserted by No. 32/2018 s. 38.\n\n\t13ZNO Retention of copy of recording\n\n(1) The Chief Commissioner must keep a copy of a recording, if the recording has been made by a police officer under this Division, in safe custody.\n\n(2) A recording referred to in subsection (1) must be kept for a period of 7 years from the making of the recording.\n\n(3) If a court is satisfied that there is good cause to keep a copy of a recording for a period longer than 7 years, the court may order that the Chief Commissioner retain the copy for a further period specified in the order.\n\n(4) An application for an order under subsection (3) may be made by—\n\n(b) an authorised person acting in the performance of the person's duties.\n\n(5) The court must not make an order under subsection (3) unless—\n\n(a) the court is satisfied that the applicant has given reasonable notice of the application to—\n\n(i) the person in relation to whom the recording was made; and\n\n(ii) the Chief Commissioner; and\n\n(b) the court has given that person and the Chief Commissioner a reasonable opportunity to be heard.\n\n(a) if a criminal proceeding to which the recording relates has commenced but has not been completed, the court hearing the proceeding;\n\n(b) in any other case, the Magistrates' Court.\n\nDivision 6—Miscellaneous\n\nS. 13ZO inserted by No. 5/2006 s. 4.\n\n\t13ZO Standard of proof\n\nAny question of fact to be decided by a court on an application under this Part is to be decided on the balance of probabilities.\n\nS. 13ZP inserted by No. 5/2006 s. 4.\n\n\t13ZP Nature of proceedings\n\n(1) Proceedings on an application under this Part are civil in nature, except as otherwise provided by this Part.\n\n(2) Despite subsection (1), the rules regulating the practice and procedure of a court in civil proceedings do not apply to a proceeding on an application under this Part.\n\nS. 13ZP(3) repealed by No. 32/2018 s. 70.\n\nS. 13ZQ (Heading) amended by No. 37/2014 s. 10(Sch. item 167.33).\n\nS. 13ZQ inserted by No. 5/2006 s. 4, amended by No. 37/2014 s. 10(Sch. item 167.34(c)).\n\n\t13ZQ Police detaining person under a preventative detention order\n\nIf—\n\nS. 13ZQ(a) amended by No. 37/2014 s. 10(Sch. item 167.34(a)).\n\n(a) a number of police officers are detaining, or involved in the detention of, a person under a preventative detention order at a particular time; and\n\nS. 13ZQ(b) amended by No. 37/2014 s. 10(Sch. item 167.34(b)).\n\n(b) a power or obligation is expressed in this Part to be conferred or imposed on the police officer detaining the person—\n\nthe power or obligation is conferred or imposed at that time on the most senior of those police officers.\n\nS. 13ZR inserted by No. 5/2006 s. 4, amended by Nos 34/2008 s. 143(Sch. 2 item 13.8), 82/2012 ss 167(11), 319, 37/2014 s. 10(Sch. item 167.35), repealed by No. 32/2018 s. 76.\n\nS. 13ZS inserted by No. 5/2006 s. 4,  \namended by Nos 34/2008 s. 143(Sch. 2 item 13.9), 82/2012 s. 167(12), 37/2014 s. 10(Sch. item 167.35).\n\n\t13ZS Ombudsman etc. functions and powers not affected\n\nThis Part does not affect a function or power of the Ombudsman under the **Ombudsman Act 1973** or the IBAC under Part 9 of the **Victoria Police Act 2013** or Part 3 of the **Independent Broad-based Anti-corruption Commission Act 2011**.\n\nS. 13ZT (Heading) amended by No. 69/2009 s. 54(Sch. Pt 1 item 55.2).\n\nS. 13ZT inserted by No. 5/2006 s. 4, amended by No. 69/2009 s. 54(Sch. Pt 1 item 55.3).\n\n\t13ZT Law relating to legal professional privilege and client legal privilege not affected\n\nTo avoid doubt, this Part does not affect the law relating to legal professional privilege or client legal privilege.\n\nS. 13ZU inserted by No. 5/2006 s. 4, repealed by No. 32/2018 s. 39.\n\nS. 13ZV inserted by No. 5/2006 s. 4, repealed by No. 70/2015 s. 11.\n\n","sortOrder":88},{"sectionNumber":"Part 3","sectionType":"part","heading":"Police powers to detain and decontaminate","content":"Part 3—Police powers to detain and decontaminate\n\n","sortOrder":89},{"sectionNumber":"14","sectionType":"section","heading":"Interpretation","content":"\t14 Interpretation\n\nIn giving an authorisation or exercising powers under this Part, it is the intention of the Parliament that no unnecessary restrictions on personal liberty or privacy should be imposed.\n\n","sortOrder":90},{"sectionNumber":"15","sectionType":"section","heading":"Definitions","content":"\t15 Definitions\n\n***danger area*** means an area in respect of which an authorisation is given by a senior police officer under Part 3;\n\nS. 15 def. of *DISPLAN* repealed by No. 56/2011 s. 32(1).\n\nS. 15 def. of *emergency* amended by No. 73/2013 s. 104(a).\n\n***emergency*** has the same meaning as in the **Emergency Management Act 2013**;\n\nS. 15 def. of *emergency services agency* amended by No. 20/2019 s. 190.\n\n***emergency services agency*** means any of the following—\n\n(a) the Country Fire Authority established under the **Country Fire Authority Act 1958**;\n\n(b) Fire Rescue Victoria established under the **Fire Rescue Victoria Act 1958**;\n\n(c) an agency established by or under an Act of the Commonwealth or of another State or a Territory with functions corresponding to those of an agency referred to in paragraph (a) or (b);\n\n(d) any other prescribed agency;\n\nS. 15 def. of *senior police officer* amended by No. 37/2014 s. 10(Sch. item 167.36).\n\n***senior police officer*** means a police officer of or above the rank of inspector;\n\n***volunteer emergency worker***, in relation to an emergency services agency, means a person who, with the approval of the agency, provides services (without remuneration or reward) on behalf of the agency for or in relation to the decontamination of any person.\n\n","sortOrder":91},{"sectionNumber":"16","sectionType":"section","heading":"Authorisation","content":"\t16 Authorisation\n\nS. 16(1) amended by No. 37/2014 s. 10(Sch. item 167.37).\n\n(1) A senior police officer may, for the purpose of protecting people from chemical, biological or radiological contamination, give an authorisation to a police officer under this Part in relation to an area if that senior police officer forms a belief on reasonable grounds that—\n\n(a) a terrorist act has or may have occurred; and\n\nS. 16(1)(b) amended by No. 30/2006 s. 7.\n\n(b) that area, or people in that area, will be, or may have been exposed to such contamination.\n\n(2) If the senior police officer who has given an authorisation under subsection (1) ceases to have the belief referred to in that subsection, he or she must immediately notify the Chief Commissioner of that fact.\n\n","sortOrder":92},{"sectionNumber":"17","sectionType":"section","heading":"How may an authorisation be given?","content":"\t17 How may an authorisation be given?\n\n(1) An authorisation under this Part may be given orally or in writing.\n\n(2) If the authorisation is given orally, it must be confirmed in writing as soon as reasonably practicable.\n\n(3) An authorisation must—\n\n(b) generally describe the terrorist act or suspected terrorist act to which it relates; and\n\nS. 17(3)(c) amended by No. 37/2014 s. 10(Sch. item 167.37).\n\n(c) specify the name or description of any police officer to which it is given; and\n\n(d) name or describe the area that may have been exposed, or in which there are people that may have been exposed, to contamination; and\n\n(e) specify the time at which it is given.\n\n","sortOrder":93},{"sectionNumber":"18","sectionType":"section","heading":"What is authorised?","content":"\t18 What is authorised?\n\nS. 18(1) amended by No. 37/2014 s. 10(Sch. item 167.38(a)).\n\n  (1) An authorisation may authorise a police officer to—\n\nS. 18(1)(a) amended by No. 37/2014 s. 10(Sch. item 167.38(a)).\n\n(a) direct another police officer to exercise powers referred to in paragraph (b), (c) or (d) in respect of people in the danger area suspected of exposure to contamination; and\n\n(b) direct a person or group of people to enter, not to enter or to leave any particular premises or area; and\n\n(c) detain a person (whether alone or with others); and\n\nS. 18(1)(ca) inserted by No. 30/2006 s. 8(1).\n\n(ca) dispose of, destroy or seize—\n\n(i) any source of contamination or possible contamination; or\n\n(ii) any thing contaminated; and\n\nS. 18(1)(d) amended by No. 30/2006 s. 8(2).\n\n(d) direct a person to submit to decontamination procedures by an officer of, or person employed by, or volunteer emergency worker of, an emergency services agency; and\n\nS. 18(1)(e) inserted by No. 30/2006 s. 8(3).\n\n(e) subject to subsections (4) and (5), enter a place in the danger area suspected of exposure to contamination without the consent of the occupier of that place and exercise a power referred to in paragraph (a), (b), (c), (ca) or (d), or subsection (3), at that place.\n\n(2) If an oral direction is given to a group of people, it is deemed to have been given to each member of the group if the oral direction is made in a manner which is likely to be audible to all the members of the group or as many of them as reasonably practicable.\n\nS. 18(3) amended by No. 37/2014 s. 10(Sch. item 167.38(a)).\n\n(3) An authorised police officer may exercise a power under subsection (1) for the purpose of preventing or limiting the spread of contamination caused by the terrorist act or suspected terrorist act and may give any direction necessary in connection with the exercise of the power.\n\nS. 18(4) substituted by No. 30/2006 s. 8(4), amended by No. 37/2014 s. 10(Sch. item 167.38(a)).\n\n(4) Subject to subsection (5), an authorised police officer must not enter a place referred to in subsection (1)(e) that is used only for residential purposes without the consent of the occupier of that place.\n\nS. 18(5) inserted by No. 30/2006 s. 8(4), amended by No. 37/2014 s. 10(Sch. item 167.38(a)).\n\n(5) An authorised police officer may enter a place used only for residential purposes in the danger area suspected of exposure to contamination without the consent of the occupier of that place if the authorised police officer believes on reasonable grounds that immediate entry to that place is necessary to—\n\n(a) ensure the safety of any person; or\n\n(b) prevent or limit the spread of contamination caused by the terrorist act or suspected terrorist act.\n\nS. 18(6) inserted by No. 30/2006 s. 8(4), amended by No. 37/2014 s. 10(Sch. item 167.38(b)).\n\n(6) If, under an authorisation under this Part, an authorised police officer is authorised to exercise a power referred to in subsection (1)(b), (c), (ca), (d) or (e), the authorised police officer may exercise that power with any assistance from any other person that the authorised police officer considers reasonably necessary.\n\nS. 18(7) inserted by No. 30/2006 s. 8(4).\n\n(7) A person must not refuse or fail to comply with a direction under subsection (1)(b) or (d) unless the person has a reasonable excuse.\n\n1. Level 9 fine (60 penalty units maximum).\n\nS. 18(8) S. 18(8) inserted by No. 30/2006 s. 8(4), amended by Nos 28/2007 s. 3(Sch. item 65), 37/2014 s. 10(Sch. item 167.38(c)).\n\n(8) A person must not hinder, obstruct or delay a police officer authorised under this Part in the exercise of a power referred to in subsection (1) or (3).\n\n1. In the case of a natural person, level 9 fine (60 penalty units maximum);\n\nIn the case of a body corporate, 300 penalty units.\n\nS. 18A inserted by No. 30/2006 s. 9, amended by No. 37/2014 s. 10(Sch. item 167.39).\n\n","sortOrder":94},{"sectionNumber":"18A","sectionType":"section","heading":"Requests for communication and medical treatment by persons detained","content":"\t18A Requests for communication and medical treatment by persons detained\n\nA police officer must facilitate any reasonable request for communication or medical treatment made by a person detained under an authorisation under this Part.\n\n","sortOrder":95},{"sectionNumber":"19","sectionType":"section","heading":"When does an authorisation lapse?","content":"\t19 When does an authorisation lapse?\n\n(1) An authorisation (including an authorisation extended under section 20(1)) lapses—\n\n(a) on notification to the Chief Commissioner under section 16(2);\n\nS. 19(1)(b) amended by Nos 56/2011 s. 32(2), 73/2013 s. 104(b), 36/2018 s. 39(1).\n\n(b) if the agency primarily responsible under the state emergency management plan under the **Emergency Management Act 2013** for responding to the emergency caused by the suspected contamination notifies the Chief Commissioner that the authorisation should lapse, on that notification;\n\n(c) in any event, 8 hours after the time at which it is given or on expiry of the extended period under section 20(1), as the case requires.\n\nNote to s. 19(1) amended by Nos 56/2011 s. 32(3) (as amended by No. 43/2012 s. 3(Sch. item 15)), 73/2013 s. 104(c), repealed by No. 36/2018 s. 39(2).\n\n(2) The Chief Commissioner must ensure that any person to whom an authorisation was given is notified of the lapse of that authorisation immediately after receiving a notification under subsection (1)(b) or section 16(2).\n\n","sortOrder":96},{"sectionNumber":"20","sectionType":"section","heading":"Extended authorisation","content":"\t20 Extended authorisation\n\n(1) The Chief Commissioner, a Deputy Commissioner or an Assistant Commissioner may extend the period of authorisation beyond the 8 hour period referred to in section 19(1)(c) if he or she decides that extended authorisation is necessary for the purpose of protecting public health.\n\n(2) The extended period of authorisation must not be for more than 16 hours duration in total (whether that total is a continuous period or a cumulative total of separate periods).\n\n(3) An extension may only be granted under subsection (1) with the agreement of the agency referred to in section 19(1)(b).\n\nS. 21 amended by No. 37/2014 s. 10(Sch. item 167.39).\n\n","sortOrder":97},{"sectionNumber":"21","sectionType":"section","heading":"Use of reasonable and necessary force","content":"\t21 Use of reasonable and necessary force\n\nIf a person refuses to comply with a direction given under this Part, an authorised police officer, or another police officer acting under the direction of an authorised police officer, may use reasonable and necessary force to ensure compliance with that direction.\n\nPt 3A (Headings and ss 21A–21X) inserted by No. 5/2006 s. 5.\n\n","sortOrder":98},{"sectionNumber":"Part 3A","sectionType":"part","heading":"Special police powers","content":"Part 3A—Special police powers\n\nS. 21A inserted by No. 5/2006 s. 5.\n\n","sortOrder":99},{"sectionNumber":"21A","sectionType":"section","heading":"Definitions","content":"\t21A Definitions\n\n(1) In this Part—\n\n***authorisation*** means an authorisation given under this Part in accordance with Division 2;\n\nS. 21A(1) def. of *Chief Commis-sioner* repealed by No. 37/2014 s. 10(Sch. item 167.40(a)).\n\n***serious indictable offence*** means an indictable offence that is punishable by imprisonment for life or for a term of 5 years or more;\n\nS. 21A(1) def. of *target* amended by No. 70/2015 s. 12(1).\n\n***target*** of an authorisation means the person in relation to whom, or the vehicle or kind of vehicle or the area in relation to which, an authorisation authorises the exercise of special powers.\n\nS. 21A(1) def. of *vehicle* repealed by No. 70/2015 s. 12(2).\n\n **** * * * ****\n\n(2) For the purposes of this Part—\n\n(a) a person in an area that is the target of an authorisation includes a person who is about to enter the area or who has recently left the area; and\n\n(b) a vehicle in an area that is the target of an authorisation includes a vehicle that is about to enter the area or that has recently left the area.\n\nS. 21A(3) amended by No. 37/2014 s. 10(Sch. item 167.40(b)).\n\n(3) Despite any provision to the contrary made by or under this or any other Act (including section 19 of the **Victoria Police Act 2013**), a power, discretion, function, authority or duty of the Chief Commissioner under this Part cannot be delegated to any other person.\n\nS. 21A(4) repealed by No. 37/2014 s. 10(Sch. item 167.40(c)).\n\nS. 21AB inserted by No. 37/2014 s. 10(Sch. item 167.41).\n\n\t21AB Deputy Commissioners may exercise powers of Chief Commissioner\n\nA Deputy Commissioner may exercise the powers and perform the functions of the Chief Commissioner under this Part as if the Deputy Commissioner were the Chief Commissioner.\n\nDivision 2—Authorisation to exercise special powers\n\nS. 21B inserted by No. 5/2006 s. 5.\n\n","sortOrder":100},{"sectionNumber":"21B","sectionType":"section","heading":"Authorisation of special powers to protect persons attending events from a terrorist act","content":"\t21B Authorisation of special powers to protect persons attending events from a terrorist act\n\n(1) Subject to subsection (2), the Chief Commissioner may apply to the Supreme Court for an order authorising the exercise of special powers conferred by this Part if the Chief Commissioner is satisfied—\n\n(a) that an event is taking place in Victoria or is likely to take place in Victoria in the near future; and\n\n(b) that the event involves, or is likely to involve, the attendance of prominent persons or of a large number of people; and\n\n(c) on reasonable grounds that the event might be the subject of a terrorist act; and\n\n(d) that the giving of an authorisation targeting—\n\n(i) the area in which the event is taking place or is likely to take place; or\n\n(ii) any other area in which an activity connected with the event is taking place or is likely to take place—\n\nis necessary to assist in protecting any person or persons attending the event from a terrorist act.\n\n(2) An application under subsection (1) may only be made with the written approval of the Premier.\n\n(3) An application under subsection (1) must—\n\n(b) describe the event in respect of which the application is being made; and\n\n(c) set out the facts and other grounds on which the Chief Commissioner considers that there are reasonable grounds for suspecting that the event might be the subject of a terrorist act; and\n\n(d) explain why the giving of an authorisation targeting—\n\n(i) the area in which the event is taking place or is likely to take place; or\n\n(ii) any other area in which an activity connected with the event is taking place or is likely to take place—\n\nis necessary to assist in protecting any person or persons attending the event from a terrorist act; and\n\n(e) specify the special powers under Division 3 that, in the opinion of the Chief Commissioner, are reasonably necessary to ensure the safety of any person or persons attending the event; and\n\n(f) describe any area sought to be made the target of an authorisation.\n\nS. 21B(4) amended by No. 6/2018 s. 68(Sch. 2 item 124.4).\n\n(4) The information in the application must be sworn or affirmed by the Chief Commissioner.\n\nNote to s. 21B(4) repealed by No. 6/2018 s. 68(Sch. 2 item 124.5).\n\n(5) The Supreme Court may require the Chief Commissioner to provide any additional information that the Court requires in relation to the application.\n\n(6) The Supreme Court may, by order, give an authorisation for the exercise of special powers conferred by this Part if satisfied on reasonable grounds that the granting of the authorisation is reasonably necessary to ensure the safety of any person or persons attending the event.\n\n(7) An authorisation must—\n\n(b) describe the general nature of the event to which it applies; and\n\n(c) describe any area targeted by the authorisation; and\n\n(d) specify which of the special powers under Division 3 may be exercised; and\n\n(e) specify the date on which and time at which it begins to have effect; and\n\n(f) specify the date on which and time at which it ceases to have effect, not being later than 24 hours after the scheduled completion time of the event.\n\nThe period for which an authorisation has effect may be extended, or further extended, under section 21C.\n\n(8) If, on an application under subsection (1) 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.\n\n(9) 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.\n\n(10) On finally determining an application following the making of an interim order, the Supreme Court may—\n\n(a) confirm the order without variation or vary—\n\n(i) the description of any area targeted by the authorisation; or\n\n(ii) the special powers that may be exercised; or\n\n(iii) the time or date when the order ceases to have effect; or\n\n(b) revoke the order if not satisfied as mentioned in subsection (6).\n\nS. 21C inserted by No. 5/2006 s. 5.\n\n","sortOrder":101},{"sectionNumber":"21C","sectionType":"section","heading":"Extension of authorisation under section 21B","content":"\t21C Extension of authorisation under section 21B\n\n(a) an authorisation is given by the Supreme Court under section 21B; and\n\n(b) the authorisation has effect—\n\nthe Chief Commissioner, with the written approval of the Premier, may apply to the Supreme Court for an extension, or a further extension, of the period for which the authorisation has effect.\n\n(2) The application must—\n\n(b) set out the facts and other grounds on which the Chief Commissioner considers that the extension, or further extension, is reasonably necessary to ensure the achievement of the objective of the authorisation.\n\nS. 21C(3) amended by No. 6/2018 s. 68(Sch. 2 item 124.4).\n\n(3) The information in the application must be sworn or affirmed by the Chief Commissioner.\n\nNote to s. 21C(3) repealed by No. 6/2018 s. 68(Sch. 2 item 124.5).\n\n(4) The Supreme Court may, by order, extend, or further extend, the period for which the authorisation has effect if it is satisfied that the extension, or further extension, is reasonably necessary to ensure the achievement of the objective of the authorisation.\n\nS. 21D inserted by No. 5/2006 s. 5.\n\n","sortOrder":102},{"sectionNumber":"21D","sectionType":"section","heading":"Authorisation of special powers to prevent, or reduce the impact of, a terrorist act","content":"\t21D Authorisation of special powers to prevent, or reduce the impact of, a terrorist act\n\nS. 21D(1) amended by No. 32/2018 s. 46(1).\n\n(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—\n\nS. 21D(1)(a) amended by No. 32/2018 ss 44, 46(2).\n\n(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\n\nS. 21D(1)(b) amended by No. 32/2018 s. 46(3)(a).\n\n(b) the Chief Commissioner is satisfied that the exercise of those powers will substantially assist in—\n\n(i) preventing the terrorist act; or\n\nS. 21D(1)(b)(ii) amended by No. 32/2018 s. 46(3)(b).\n\n(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\n\nS. 21D(1)(c) inserted by No. 32/2018 s. 46(4).\n\n(c) subject to subsection (1A), the Premier has approved in writing the giving of the authorisation.\n\nThe Premier may delegate the power of approval to a Minister—see section 21IB.\n\nS. 21D(1A) inserted by No. 32/2018 s. 46(5).\n\n(1A) An interim authorisation may be given by the Chief Commissioner without the written approval of the Premier if—\n\n(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\n\n(b) the Premier has delegated that power and—\n\n(i) the Minister to whom the power is delegated is not reasonably able to be contacted at the time it is given; and\n\n(ii) the Premier is also not reasonably able to be contacted at the time it is given.\n\nS. 21D(2) amended by No. 32/2018 s. 46(6).\n\n(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.\n\n(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.\n\n(4) An application under subsection (2) or (3) must—\n\nS. 21D(4)(b) amended by No. 32/2018 s. 44.\n\n(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\n\n(c) explain how the exercise of the special powers conferred by this Part will substantially assist in—\n\n(i) preventing the terrorist act; or\n\n(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.\n\nS. 21D(5) amended by No. 6/2018 s. 68(Sch. 2 item 124.4).\n\n(5) The information in an application under subsection (2) or (3) must be sworn or affirmed by the Chief Commissioner.\n\nNote to s. 21D(5) repealed by No. 6/2018 s. 68(Sch. 2 item 124.5).\n\n(6) The Supreme Court may require the Chief Commissioner to provide any additional information that the Court requires in relation to the application.\n\n(7) On an application under subsection (2) or (3) the Supreme Court may, by order—\n\n(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\n\n(b) revoke any interim authorisation that has effect if not so satisfied.\n\n(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.\n\n(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.\n\n(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.\n\n(11) On finally determining an application following the making of an interim order, the Supreme Court may—\n\n(a) confirm the order with or without variation; or\n\n(b) revoke the order if not satisfied as mentioned in subsection (7)(a).\n\nS. 21E inserted by No. 5/2006 s. 5.\n\n","sortOrder":103},{"sectionNumber":"21E","sectionType":"section","heading":"Authorisation of special powers relating to the investigation of, or recovery from, a terrorist act","content":"\t21E Authorisation of special powers relating to the investigation of, or recovery from, a terrorist act\n\nS. 21E(1) amended by No. 32/2018 s. 47(1).\n\n(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—\n\nS. 21E(1)(a) amended by No. 32/2018 s. 47(2).\n\n(a) the Chief Commissioner is satisfied that there are reasonable grounds for believing that a terrorist act has occurred or is occurring; and\n\nS. 21E(1)(b) amended by No. 32/2018 s. 47(3)(a).\n\n(b) the Chief Commissioner is satisfied that the exercise of those powers will substantially assist in—\n\n(i) apprehending the persons responsible for the terrorist act; or\n\n(ii) the investigation of the terrorist act, including the preservation of evidence of, or relating to, the terrorist act; or\n\nS. 21E(1)(b)(iii) amended by No. 32/2018 s. 47(3)(b).\n\n(iii) the necessary recovery process for the community in the aftermath of the terrorist act; and\n\nS. 21E(1)(c) inserted by No. 32/2018 s. 47(4).\n\n(c) subject to subsection (1A), the Premier has approved in writing the giving of the authorisation.\n\nThe Premier may delegate the power of approval to a Minister—see section 21IB.\n\nS. 21E(1A) inserted by No. 32/2018 s. 47(5).\n\n(1A) An interim authorisation may be given by the Chief Commissioner without the written approval of the Premier if—\n\n(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\n\n(b) the Premier has delegated that power and—\n\n(i) the Minister to whom the power is delegated is not reasonably able to be contacted at the time it is given; and\n\n(ii) the Premier is also not reasonably able to be contacted at the time it is given.\n\nS. 21E(2) amended by No. 32/2018 s. 47(6).\n\n(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.\n\n(3) Without an interim authorisation having been given, the Chief Commissioner, with the written approval of the Premier, may make an application to the Supreme Court for an authorisation under this section.\n\n(4) An application under subsection (2) or (3) must—\n\n(b) set out the facts and other grounds on which the Chief Commissioner considers that a terrorist act has occurred, or is occurring; and\n\n(c) explain how the exercise of the special powers conferred by this Part will substantially assist in—\n\n(i) apprehending the persons responsible for the terrorist act; or\n\n(ii) the investigation of the terrorist act, including the preservation of evidence of, or relating to, the terrorist act; or\n\n(iii) the necessary recovery process for the community in the aftermath of the terrorist act.\n\nS. 21E(5) amended by No. 6/2018 s. 68(Sch. 2 item 124.4).\n\n(5) The information in an application under subsection (2) or (3) must be sworn or affirmed by the Chief Commissioner.\n\nNote to s. 21E(5) repealed by No. 6/2018 s. 68(Sch. 2 item 124.5).\n\n(6) The Supreme Court may require the Chief Commissioner to provide any additional information that the Court requires in relation to the application.\n\n(7) On an application under subsection (2) or (3) the Supreme Court may, by order—\n\n(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\n\n(b) revoke any interim authorisation that has effect if not so satisfied.\n\n(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.\n\n(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.\n\n(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.\n\n(11) On finally determining an application following the making of an interim order, the Supreme Court may—\n\n(a) confirm the order with or without variation; or\n\n(b) revoke the order if not satisfied as mentioned in subsection (7)(a).\n\nS. 21F inserted by No. 5/2006 s. 5.\n\n","sortOrder":104},{"sectionNumber":"21F","sectionType":"section","heading":"Authorisation of special powers to protect essential services from a terrorist act","content":"\t21F Authorisation of special powers to protect essential services from a terrorist act\n\n(1) The Governor in Council may, on the recommendation of the relevant Minister made with the approval of the Premier and in accordance with the advice of the Chief Commissioner, by Order published in the Government Gazette give an authorisation for the exercise of special powers conferred by this Part.\n\n(2) The relevant Minister may only recommend the making of an Order under subsection (1) if satisfied that—\n\nS. 21F(2)(a) substituted by No. 76/2014 s. 8(3).\n\n(a) a part of the essential service is located in a particular area; and\n\n(b) that part is a key part of the essential service; and\n\n(c) the making of the Order is reasonably necessary—\n\n(i) to protect that part from a terrorist act; or\n\n(ii) to mitigate the effects of a terrorist act on the essential service or on persons in the vicinity of the area; or\n\n(iii) for the recovery of the essential service from a terrorist act.\n\n(3) An Order under subsection (1) must—\n\n(a) state that the effect of the Order is to give an authorisation under this Part; and\n\n(b) describe the area targeted by the authorisation and name or describe any person or vehicle targeted by it; and\n\n(c) specify which of the special powers under Division 3 may be exercised; and\n\n(d) specify the period or periods during which the authorisation has effect.\n\n***relevant Minister***, in relation to an essential service, means the Minister for the time being responsible for the essential service.\n\nS. 21G inserted by No. 5/2006 s. 5.\n\n","sortOrder":105},{"sectionNumber":"21G","sectionType":"section","heading":"Persons, vehicles or areas targeted by authorisation","content":"\t21G Persons, vehicles or areas targeted by authorisation\n\n(1) Except as otherwise provided by this Part, an authorisation may authorise the exercise of the special powers conferred by this Part in relation to any or all of the following—\n\n(a) a particular person named or described in the authorisation;\n\n(b) a particular vehicle, or a vehicle of a particular kind, described in the authorisation;\n\n(c) a particular area described in the authorisation.\n\n(2) Without limiting subsection (1)(a), a person may be described by the use of a photograph or drawing.\n\nS. 21H inserted by No. 5/2006 s. 5.\n\n","sortOrder":106},{"sectionNumber":"21H","sectionType":"section","heading":"How authorisation may be given","content":"\t21H How authorisation may be given\n\n(1) This section applies to an interim authorisation given by the Chief Commissioner in accordance with this Division.\n\n(2) An authorisation may be given orally or by instrument in writing.\n\n(3) If the authorisation is given orally, it must be confirmed by instrument in writing as soon as it is reasonably practicable to do so and, in any event, before an application is made to the Supreme Court in respect of the matter.\n\nS. 21H(3A) inserted by No. 32/2018 s. 48.\n\n(3A) If the Chief Commissioner gives an interim authorisation without the approval of the Premier in accordance with section 21D(1A) or 21E(1A), the Chief Commissioner must, as soon as practicable, give a copy of the authorisation to—\n\n(a) the Premier; and\n\n(b) if the Premier has delegated the power to approve an interim authorisation to a Minister, the Minister.\n\n(4) An authorisation must—\n\n(b) describe the general nature of the terrorist act or threatened terrorist act to which it applies; and\n\n(c) name or describe the person, vehicle or area targeted by the authorisation; and\n\n(d) specify the date on which and time at which it begins to have effect; and\n\n(e) specify the date on which and time at which it ceases to have effect.\n\nS. 21I inserted by No. 5/2006 s. 5.\n\n","sortOrder":107},{"sectionNumber":"21I","sectionType":"section","heading":"Duration of authorisation","content":"\t21I Duration of authorisation\n\n(1) An authorisation given has effect, unless sooner revoked, during the period beginning when it is given (or at such later time or date as is specified in the authorisation) and ending at the time and on the date specified in the authorisation.\n\n(2) The period an authorisation has effect must not exceed—\n\nS. 21I(2)(a) amended by No. 32/2018 s. 49(1).\n\n(a) in the case of an interim authorisation given by the Chief Commissioner under section 21D or 21E—48 hours; or\n\n(b) in the case of an authorisation given by the Supreme Court under section 21D or 21E—14 days.\n\n(3) An authorisation given by Order in Council under section 21F has effect during the period or periods specified in it until the end date specified in it, not being a date later than the first anniversary of the date on which it is given.\n\n(4) The Chief Commissioner may at any time revoke an interim authorisation given by him or her.\n\nS. 21I(4A) inserted by No. 32/2018 s. 49(2).\n\n(4A) The Premier may at any time revoke an interim authorisation given by the Chief Commissioner in accordance with section 21D(1A) or 21E(1A) if the Premier is not satisfied of the matters in section 21D(1)(a) and (b) or 21E(1)(a) and (b) (as the case requires).\n\nS. 21I(4B) inserted by No. 32/2018 s. 49(2).\n\n(4B) If the Premier has delegated the power to approve an interim authorisation under section 21IB, the Minister to whom the power is delegated may at any time revoke an interim authorisation given by the Chief Commissioner in accordance with section 21D(1A) or 21E(1A) if the Minister is not satisfied of the matters in section 21D(1)(a) and (b) or 21E(1)(a) and (b) (as the case requires).\n\nS. 21I(4C) inserted by No. 32/2018 s. 49(2).\n\n(4C) If the Premier or the Minister revokes an interim authorisation under subsection (4A) or (4B), the Premier or the Minister (as the case requires) must notify the Chief Commissioner in writing.\n\nS. 21I(4D) inserted by No. 32/2018 s. 49(2).\n\n(4D) The revocation of an interim authorisation under subsection (4A) or (4B) takes effect when the Chief Commissioner receives the notification referred to in subsection (4C).\n\n(5) The cessation of an authorisation (by revocation or otherwise) does not affect anything lawfully done in reliance on the authorisation before it ceased to have effect.\n\n(6) The cessation of an authorisation does not prevent a further authorisation being given.\n\nS. 21IA inserted by No. 32/2018 s. 50.\n\n\t21IA Variation of interim authorisation\n\n(1) The Premier, or if the Premier has delegated the power to approve an interim authorisation under section 21IB, the Minister to whom the power is delegated, may at any time vary an interim authorisation given by the Chief Commissioner in accordance with section 21D(1A) or 21E(1A).\n\n(2) If the Premier or a Minister varies an interim authorisation under subsection (1), the Premier or Minister (as the case requires) must notify the Chief Commissioner in writing.\n\n(3) The variation of an interim authorisation under subsection (1) takes effect when the Chief Commissioner receives the notification referred to in subsection (2).\n\n(4) The variation of an interim authorisation does not affect anything lawfully done in reliance on the interim authorisation before it was varied.\n\nS. 21IB inserted by No. 32/2018 s. 50.\n\n\t21IB Premier may delegate power to approve interim authorisation\n\n(1) The Premier may by instrument delegate to a Minister the power to approve an interim authorisation given by the Chief Commissioner under section 21D or 21E.\n\n(2) The Premier must give the Chief Commissioner a copy of the delegation.\n\nS. 21J inserted by No. 5/2006 s. 5.\n\n","sortOrder":108},{"sectionNumber":"21J","sectionType":"section","heading":"Interim authorisations not open to challenge","content":"\t21J Interim authorisations not open to challenge\n\nS. 21J(1) amended by No. 69/2009 s. 54(Sch. Pt 2 item 52).\n\n(1) An interim authorisation or purported interim authorisation given by the Chief Commissioner (and any decision or purported decision of the Premier or the Chief Commissioner with respect to such an interim authorisation or purported interim authorisation) is not liable to be challenged, appealed against, reviewed, quashed or called in question in any court or tribunal on any account or before any person acting judicially within the meaning of the **Evidence (Miscellaneous Provisions) Act 1958**.\n\n(2) Without limiting subsection (1), no proceedings—\n\n(a) seeking the grant of any relief or remedy in the nature of certiorari, prohibition, mandamus or quo warranto, or the grant of a declaration or an injunction; or\n\n(b) seeking any order under the **Administrative Law Act 1978** (whether on the ground of absence of jurisdiction or any other ground)—\n\nmay be brought against the Premier or the Chief Commissioner in respect of an interim authorisation or purported interim authorisation given by the Chief Commissioner or any decision or purported decision of the Premier or the Chief Commissioner with respect to such an interim authorisation or purported interim authorisation.\n\nS. 21K  \n(Heading) amended by Nos 37/2014 s. 10(Sch. item 167.42), 32/2018 s. 51(1).\n\nS. 21K inserted by No. 5/2006 s. 5.\n\n","sortOrder":109},{"sectionNumber":"21K","sectionType":"section","heading":"Exercise of special powers by police officers and protective services officers","content":"\t21K Exercise of special powers by police officers and protective services officers\n\nS. 21K(1) amended by Nos 37/2014 s. 10(Sch. item 167.43(a)), 32/2018 s. 51(2).\n\n(1) The special powers conferred by this Part may be exercised by any police officer or protective services officer or, subject to subsection (3), by any other person assisting the police officer or protective services officer in that exercise and acting under the direction and control of the police officer or protective services officer.\n\nS. 21K(2) amended by Nos 37/2014 s. 10(Sch. item 167.43(b)), 32/2018 s. 51(3).\n\n(2) A police officer or protective services officer may exercise those powers whether or not he or she has been provided with a copy of the authorisation.\n\nS. 21K(3) amended by Nos 37/2014 s. 10(Sch. item 167.43(c)), 32/2018 s. 51(4).\n\n(3) A person assisting either a police officer or a protective services officer is not authorised to conduct a strip search of a person.\n\nS. 21L inserted by No. 5/2006 s. 5.\n\n","sortOrder":110},{"sectionNumber":"21L","sectionType":"section","heading":"Power to give directions to public entities","content":"\t21L Power to give directions to public entities\n\n(1) The Chief Commissioner may, for the purposes of facilitating the exercise of the special powers conferred by this Part, give a public entity (within the meaning of the **Public Administration Act 2004**) directions with respect to the exercise of the powers or functions of the agency.\n\n(2) The public entity is authorised and required to comply with the direction.\n\nS. 21M inserted by No. 5/2006 s. 5, amended by No. 70/2015 s. 13, repealed by No. 32/2018 s. 77.\n\nDivision 3—Powers\n\nS. 21N inserted by No. 5/2006 s. 5.\n\n","sortOrder":111},{"sectionNumber":"21N","sectionType":"section","heading":"Purposes for which special powers may be exercised","content":"\t21N Purposes for which special powers may be exercised\n\nThe special powers under this Division may be exercised for the purposes of an authorisation given under this Part.\n\nOnly the special powers specified in an authorisation under section 21B or 21F may be exercised for the purposes of that authorisation.\n\nS. 21O inserted by No. 5/2006 s. 5.\n\n","sortOrder":112},{"sectionNumber":"21O","sectionType":"section","heading":"Power to obtain disclosure of identity","content":"\t21O Power to obtain disclosure of identity\n\nS. 21O(1) amended by Nos 37/2014 s. 10(Sch. item 167.44(a)), 32/2018 s. 52.\n\n(1) A police officer or protective services officer may request a person whose identity is unknown to the police officer or protective services officer to disclose his or her identity if—\n\nS. 21O(1)(a) amended by Nos 37/2014 s. 10(Sch. item 167.44(a)(ii)), 32/2018 s. 52.\n\n(a) the police officer or protective services officer suspects on reasonable grounds that the person is the target of an authorisation (or the person is found in the company of the target of the authorisation); or\n\nS. 21O(1)(b) amended by Nos 37/2014 s. 10(Sch. item 167.44(a)(ii)), 32/2018 s. 52.\n\n(b) the person is in or on a vehicle that the police officer or protective services officer suspects on reasonable grounds is the target of an authorisation; or\n\n(c) the person is in an area that is the target of an authorisation.\n\n(2) A person who is so requested to disclose his or her identity must not, without reasonable excuse, fail or refuse to comply with the request.\n\n1. 50 penalty units or 12 months imprisonment, or both.\n\n(3) A person must not, without reasonable excuse, in response to any such request—\n\n(a) give a name that is false in a material particular; or\n\n(b) give an address other than the person's full and correct address.\n\n1. 50 penalty units or 12 months imprisonment, or both.\n\nS. 21O(4) amended by Nos 37/2014 s. 10(Sch. item 167.44(b)), 32/2018 s. 52.\n\n(4) A police officer or protective services officer may request a person who is requested under this section to disclose his or her identity to provide proof of his or her identity.\n\nS. 21O(5) amended by Nos 37/2014 s. 10(Sch. item 167.44(b)), 32/2018 s. 52.\n\n(5) A police officer or protective services officer may detain a person for so long as is reasonably necessary for the purposes of this section.\n\nS. 21P inserted by No. 5/2006 s. 5.\n\n","sortOrder":113},{"sectionNumber":"21P","sectionType":"section","heading":"Power to search persons","content":"\t21P Power to search persons\n\nS. 21P(1) amended by Nos 37/2014 s. 10(Sch. item 167.45(a)(i)), 32/2018 s. 53.\n\n(1) A police officer or protective services officer may, without a warrant, stop and search a person, and anything in the possession of or under the control of the person, if—\n\nS. 21P(1)(a) amended by Nos 37/2014 s. 10(Sch. item 167.45(a)(ii)), 32/2018 s. 53.\n\n(a) the police officer or protective services officer suspects on reasonable grounds that the person is the target of an authorisation (or the person is found in the company of the target of the authorisation); or\n\nS. 21P(1)(b) amended by Nos 37/2014 s. 10(Sch. item 167.45(a)(ii)), 32/2018 s. 53.\n\n(b) the person is in or on a vehicle that the police officer or protective services officer suspects on reasonable grounds is the target of an authorisation; or\n\n(c) the person is in an area that is the target of an authorisation.\n\nS. 21P(2) amended by Nos 37/2014 s. 10(Sch. item 167.45(b)), 32/2018 s. 53.\n\n(2) In conducting a search of anything in the possession of, or under the control of, a person, a police officer or protective services officer may—\n\n(a) request the person—\n\n(i) to produce and empty of its contents any bag, basket or other receptacle; or\n\n(ii) to turn out his or her pockets; or\n\n(b) search through any bag, basket or other receptacle; or\n\n(c) search through and move the contents of any bag, basket or other receptacle; or\n\n(d) search through and move the contents of the person's pockets turned out in accordance with paragraph (a)(ii).\n\n(3) Schedule 1 applies to the search of a person conducted under this section.\n\n","sortOrder":114},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"provides for the carrying out of ordinary searches, frisk searches and strip searches. A strip search may not be carried out unless the person is suspected of being the target of an authorisation.","content":"Schedule 1 provides for the carrying out of ordinary searches, frisk searches and strip searches. A strip search may not be carried out unless the person is suspected of being the target of an authorisation.\n\nS. 21P(4) amended by Nos 37/2014 s. 10(Sch. item 167.45(b)), 32/2018 s. 53.\n\n(4) A police officer or protective services officer may detain a person for so long as is reasonably necessary to conduct a search under this section.\n\nS. 21P(5) amended by Nos 37/2014 s. 10(Sch. item 167.45(b)), 32/2018 s. 53.\n\n(5) A police officer or protective services officer may direct a person or group of people not to enter or to leave or not to leave an area that is the target of an authorisation.\n\nS. 21Q inserted by No. 5/2006 s. 5.\n\n","sortOrder":115},{"sectionNumber":"21Q","sectionType":"section","heading":"Power to search vehicles","content":"\t21Q Power to search vehicles\n\nS. 21Q(1) amended by Nos 37/2014 s. 10(Sch. item 167.46(a)(i)), 32/2018 s. 54.\n\n(1) A police officer or protective services officer may, without a warrant, stop and search a vehicle, and anything in or on the vehicle, if—\n\nS. 21Q(1)(a) amended by Nos 37/2014 s. 10(Sch. item 167.46(a)(ii)), 32/2018 s. 54.\n\n(a) the police officer or protective services officer suspects on reasonable grounds that the vehicle is the target of an authorisation; or\n\nS. 21Q(1)(b) amended by Nos 37/2014 s. 10(Sch. item 167.46(a)(ii)), 32/2018 s. 54.\n\n(b) the police officer or protective services officer suspects on reasonable grounds that a person in or on the vehicle is the target of an authorisation; or\n\n(c) the vehicle is in an area that is the target of an authorisation.\n\nS. 21Q(2) amended by Nos 37/2014 s. 10(Sch. item 167.46(b)), 32/2018 s. 54.\n\n(2) A police officer or protective services officer may detain a vehicle for so long as is reasonably necessary to conduct a search under this section.\n\nS. 21Q(3) amended by Nos 37/2014 s. 10(Sch. item 167.46(b)), 32/2018 s. 54.\n\n(3) A police officer or protective services officer may direct the person driving or in charge of a vehicle searched under this section to remove the vehicle from, or keep the vehicle in, an area that is the target of an authorisation.\n\nS. 21R inserted by No. 5/2006 s. 5.\n\n","sortOrder":116},{"sectionNumber":"21R","sectionType":"section","heading":"Power to move vehicles","content":"\t21R Power to move vehicles\n\nS. 21R(1) amended by Nos 37/2014 s. 10(Sch. item 167.47(a)), 32/2018 s. 55(1).\n\n(1) A police officer or protective services officer may move or cause to be moved a vehicle which is parked or left standing in an area that is the target of an authorisation if, in the opinion of the police officer or protective services officer, the vehicle is—\n\n(a) a danger to other vehicles or persons in that area; or\n\n(b) causing or likely to cause traffic congestion in that area; or\n\n(c) hindering the exercise of special powers under this Division in that area.\n\nS. 21R(2) amended by Nos 37/2014 s. 10(Sch. item 167.47(b)), 32/2018 s. 55(2).\n\n(2) A police officer or protective services officer acting in accordance with this section may—\n\n(a) enter a vehicle using, if necessary, reasonable force, for the purpose of conveniently or expeditiously moving it; and\n\n(b) move the vehicle, or cause it to be moved, to the nearest convenient place.\n\n(3) The Chief Commissioner may recover from the owner of a vehicle moved under this section any reasonable costs incurred in moving it.\n\n(4) In this section, ***owner*** has the same meaning as it has in Part 7 of the **Road Safety Act 1986**.\n\nS. 21S inserted by No. 5/2006 s. 5.\n\n","sortOrder":117},{"sectionNumber":"21S","sectionType":"section","heading":"Power to enter and search premises","content":"\t21S Power to enter and search premises\n\nS. 21S(1) amended by Nos 37/2014 s. 10(Sch. item 167.48(a)(i)), 32/2018 s. 56(1).\n\n(1) A police officer or protective services officer may, without a warrant, enter and search any premises if—\n\nS. 21S(1)(a) amended by Nos 37/2014 s. 10(Sch. item 167.48(a)(ii)), 32/2018 s. 56(1).\n\n(a) the police officer or protective services officer suspects on reasonable grounds that a person who is the target of an authorisation may be on the premises; or\n\nS. 21S(1)(b) amended by Nos 37/2014 s. 10(Sch. item 167.48(a)(ii)), 32/2018 s. 56(1).\n\n(b) the police officer or protective services officer suspects on reasonable grounds that a vehicle that is the target of an authorisation may be on the premises; or\n\n(c) the premises are in an area that is the target of an authorisation.\n\nS. 21S(2) amended by No. 37/2014 s. 10(Sch. item 167.48(b)), substituted by No. 32/2018 s. 56(2).\n\n(2) The police officer or protective services officer—\n\n(a) must do as little damage as is reasonably possible; and\n\n(b) must ensure that a person assisting the police officer or protective services officer does as little damage as is reasonably possible.\n\nS. 21S(3) amended by Nos 37/2014 s. 10(Sch. item 167.48(b)), 32/2018 s. 56(1).\n\n(3) A police officer or protective services officer may direct a person or group of people to leave, or not to leave, any premises entered and searched under this Division.\n\nS. 21SA inserted by No. 32/2018 s. 57.\n\n\t21SA Powers in respect of premises within area that is the target of an authorisation\n\n(1) This section applies if premises are within an area that is the target of an authorisation.\n\n(2) A police officer or protective services officer may do any of the following if the police officer or protective services officer considers on reasonable grounds that it is necessary for the purposes of the authorisation—\n\n(a) enter the premises;\n\n(b) direct a person to leave, or not to leave, the premises or a part of the premises;\n\n(c) exclude a person from the premises or a part of the premises;\n\n(d) remove or cause to be removed from the premises, or a part of the premises, a person who—\n\n(i) does not comply with a direction to leave under paragraph (b); or\n\n(ii) has been excluded from the premises, or a part of the premises, under paragraph (c);\n\n(e) disconnect or shut off electricity, gas, water or other services at the premises;\n\n(f) direct a person at the premises to disconnect or shut off electricity, gas, water or other services at the premises.\n\n(3) The police officer or protective services officer—\n\n(a) must do as little damage as reasonably possible; and\n\n(b) must ensure that a person assisting the police officer or protective services officer does not do any more damage than is reasonably necessary.\n\n(4) If only part of a building or vehicle is within the area that is the target of the authorisation, the powers set out in subsection (2) may be exercised in respect of any part of that building or vehicle.\n\nS. 21SB inserted by No. 32/2018 s. 57.\n\n\t21SB Powers in respect of things within area that is the target of an authorisation\n\n(a) a thing is within an area that is the target of an authorisation; or\n\n(b) a thing is in a building or vehicle any part of which is within an area that is the target of an authorisation.\n\n(2) A police officer or protective services officer may do any of the following if the police officer or protective services officer considers on reasonable grounds that it is necessary for the purposes of the authorisation—\n\n(a) direct an owner of the thing, a person apparently in control of the thing or, if the thing is located at a premises, any other person at the premises—\n\n(i) to place the thing in the control of a police officer or protective services officer; or\n\n(ii) to make use of the thing as specified by a police officer or protective services officer;\n\n(b) without a warrant take possession of the thing;\n\n(c) make use of the thing.\n\n(3) The police officer or protective services officer—\n\n(a) must do as little damage as reasonably possible; and\n\n(b) must ensure that a person assisting the police officer or protective services officer does as little damage as is reasonably possible.\n\nS. 21SC inserted by No. 32/2018 s. 57.\n\n\t21SC Compensation for loss or damage\n\n(1) A person may apply to the Minister for compensation for the following kinds of loss or damage resulting from the exercise of a power under section 21SA(2) or 21SB(2)—\n\n(a) economic loss suffered by the person;\n\n(b) damage to the person's property (whether real or personal).\n\n(2) The Minister must pay compensation to the person if the Minister is satisfied that—\n\n(a) the person has suffered loss or damage of a kind referred to in subsection (1); and\n\n(b) that loss or damage is a result of  the exercise of a power under section 21SA(2) or 21SB(2).\n\n(3) A person who applies for compensation under subsection (1) may apply to VCAT for review of a decision made on that application by the Minister under subsection (2).\n\nS. 21T inserted by No. 5/2006 s. 5.\n\n","sortOrder":118},{"sectionNumber":"21T","sectionType":"section","heading":"Cordon around target area","content":"\t21T Cordon around target area\n\nS. 21T(1) amended by Nos 37/2014 s. 10(Sch. item 167.49), 32/2018 s. 58.\n\n(1) A police officer or protective services officer may, for the purposes of stopping and searching under this Division persons, vehicles or premises in a target area, place a cordon around the target area or any part of it.\n\n(2) A cordon may include any form of physical barrier, including a roadblock on any road in or in the vicinity of the target area.\n\nS. 21T(3) amended by Nos 37/2014 s. 10(Sch. item 167.49), 32/2018 s. 58.\n\n(3) A police officer or protective services officer may direct a person or group of people not to enter or to leave or not to leave an area around which a cordon is placed.\n\nS. 21U inserted by No. 5/2006 s. 5.\n\n","sortOrder":119},{"sectionNumber":"21U","sectionType":"section","heading":"Power to seize and detain things","content":"\t21U Power to seize and detain things\n\nS. 21U(1) amended by Nos 37/2014 s. 10(Sch. item 167.50(a)(i)), 32/2018 s. 59.\n\n(1) A police officer or protective services officer may, in connection with a search under this Division, seize and detain—\n\nS. 21U(1)(a) amended by Nos 37/2014 s. 10(Sch. item 167.50(a)(ii)), 32/2018 s. 59.\n\n(a) all or part of a thing (including a vehicle) that the police officer or protective services officer suspects on reasonable grounds may be used, or may have been used, to commit a terrorist act; or\n\nS. 21U(1)(b) amended by Nos 37/2014 s. 10(Sch. item 167.50(a)(ii)), 32/2018 s. 59.\n\n(b) all or part of a thing (including a vehicle) that the police officer or protective services officer suspects on reasonable grounds may provide evidence of the commission of a serious indictable offence (whether or not related to a terrorist act).\n\n(2) A power conferred by this section to seize and detain a thing includes—\n\n(a) a power to remove a thing from the place where it is found; and\n\n(b) a power to guard the thing in or at the place where it is found.\n\nS. 21U(3) amended by Nos 37/2014 s. 10(Sch. item 167.50(b)), 32/2018 s. 59.\n\n(3) A police officer or protective services officer who has seized and detained a thing under this section must take reasonable steps to return the thing to the person from whom it was seized if—\n\n(a) that person may lawfully possess the thing; and\n\n(b) the thing is no longer required for investigative or evidentiary purposes in relation to an offence.\n\n(4) A thing seized or detained under this section that is—\n\n(a) no longer required for investigative or evidentiary purposes in relation to an offence; and\n\n(b) not required under subsection (3) to be returned to the person from whom it was seized—\n\nis forfeited to the Crown and may be disposed of in any manner that the Chief Commissioner thinks fit.\n\nS. 21V  \n(Heading) amended by Nos 37/2014 s. 10(Sch. item 167.51), 32/2018 s. 60(1).\n\nS. 21V inserted by No. 5/2006 s. 5, amended by Nos 37/2014 s. 10(Sch. item 167.52), 32/2018 s. 60(2).\n\n","sortOrder":120},{"sectionNumber":"21V","sectionType":"section","heading":"Use of force generally","content":"\t21V Use of force generally\n\nIt is lawful for a police officer or protective services officer exercising a power under this Division in relation to a person or a thing, and anyone assisting the police officer or protective services officer, to use such force as is reasonably necessary to exercise the power.\n\nS. 21W inserted by No. 5/2006 s. 5.\n\n","sortOrder":121},{"sectionNumber":"21W","sectionType":"section","heading":"Offence to obstruct or hinder search or other powers","content":"\t21W Offence to obstruct or hinder search or other powers\n\nA person must not, without reasonable excuse—\n\nS. 21W(a) amended by Nos 37/2014 s. 10(Sch. item 167.53), 32/2018 s. 61.\n\n(a) obstruct or hinder a police officer or protective services officer in the exercise of a power under this Division to stop and search a person or vehicle, to enter and search premises or to seize and detain a thing; or\n\nS. 21W(b) amended by Nos 37/2014 s. 10(Sch. item 167.53), 32/2018 s. 61.\n\n(b) fail to comply with a direction given by a police officer or protective services officer in the exercise of a power under this Division to give that direction.\n\n1. 100 penalty units or imprisonment for 2 years, or both.\n\nS. 21X (Heading) amended by Nos 37/2014 s. 10(Sch. item 167.54), 32/2018 s. 62(1).\n\nS. 21X inserted by No. 5/2006 s. 5.\n\n","sortOrder":122},{"sectionNumber":"21X","sectionType":"section","heading":"Supplying police officer's or protective services officer's details and other information","content":"\t21X Supplying police officer's or protective services officer's details and other information\n\nS. 21X(1) amended by Nos 37/2014 s. 10(Sch. item 167.55(a)), 32/2018 s. 62(2).\n\n(1) A police officer or protective services officer must, before or at the time of exercising a power under this Division, or as soon as is reasonably practicable after exercising the power, provide the person subject to the exercise of the power with the following if requested to do so—\n\nS. 21X(1)(a) amended by Nos 37/2014 s. 10(Sch. item 167.55(a)), 21/2015 s. 3(Sch. 1 item 54.2), 32/2018 s. 62(2).\n\n(a) evidence that he or she is a police officer or protective services officer (unless the police officer or protective services officer is in uniform);\n\nS. 21X(1)(b) amended by Nos 37/2014 s. 10(Sch. item 167.55(b)), 32/2018 s. 62(2).\n\n(b) the name of the police officer or protective services officer and his or her place of duty;\n\n(c) the reason for the exercise of the power.\n\n(2) The Chief Commissioner is to arrange for a written statement to be provided, on request made within 12 months after the search, to a person who was searched, or whose vehicle or premises were searched, under this Part stating that the search was conducted in pursuance of this Part.\n\nPt 4 (Heading) amended by No. 67/2004 s. 17(1)(b).\n\n","sortOrder":123},{"sectionNumber":"Part 4","sectionType":"part","heading":"Mandatory reporting about","content":"Part 4—Mandatory reporting about  \nprescribed chemicals and other substances\n\nS. 22 (Heading) amended by No. 67/2004 s. 17(1)(c).\n\nS. 22 amended by No. 67/2004 s. 17(1)(d)(i)(2)(ILA s. 39B(1)).\n\n","sortOrder":124},{"sectionNumber":"22","sectionType":"section","heading":"Reporting about prescribed chemical or other substance","content":"\t22 Reporting about prescribed chemical or other substance\n\nS. 22(1) amended by No. 30/2006 s. 10(1).\n\n(1) An occupier of any premises, on becoming aware of any theft, attempted theft or unexplained loss from those premises of a quantity of a prescribed chemical or other prescribed substance—\n\nS. 22(1)(a) amended by No. 37/2014 s. 10(Sch. item 167.56(a)).\n\n(a) must inform a police officer of that fact without delay; and\n\nS. 22(1)(b) amended by Nos 67/2004 s. 17(1)(d)(i)(ii), 37/2014 s. 10(Sch. item 167.56(b)).\n\n(b) if so requested by a police officer, must supply a written report to the police officer setting out details of the theft, attempted theft or loss;\n\nS. 22(1)(c) inserted by No. 67/2004 s. 17(1)(e).\n\n(c) in the case of a chemical or substance that is prescribed to be high consequence dangerous goods—\n\n(i) must also inform the Victorian WorkCover Authority of that fact without delay; and\n\n(ii) if so requested by the Victorian WorkCover Authority, must also supply a written report to the Authority setting out details of the theft, attempted theft or loss.\n\n1. In the case of a natural person, level 10 fine (10 penalty units maximum);\n\nIn the case of a body corporate, 120 penalty units.\n\nS. 22(2) inserted by No. 67/2004 s. 17(2), substituted by No. 30/2006 s. 10(2).\n\n(2) In this section ***unexplained loss***, in relation to a prescribed chemical or other prescribed substance, means any loss the cause of which cannot be explained by product density changes, spillage, calibration variances or the effects of humidity or other like things.\n\nS. 22(3) inserted by No. 67/2004 s. 17(2), repealed by No. 30/2006 s. 10(2).\n\nPt 4A (Headings and ss 22A–22EW) inserted by No. 47/2021 s. 6.\n\n","sortOrder":125},{"sectionNumber":"Part 4A","sectionType":"part","heading":"Countering violent extremism","content":"Part 4A—Countering violent extremism\n\nS. 22A inserted by No. 47/2021 s. 6, substituted by No. 9/2025 s. 9.\n\n","sortOrder":126},{"sectionNumber":"22A","sectionType":"section","heading":"Objectives of Part","content":"\t22A Objectives of Part\n\nThe objectives of this Part are to provide for therapeutic interventions that—\n\n(a) advance the welfare of persons who are vulnerable to violent extremism, including by providing support services to persons to address psychological, behavioural or social needs that may increase their susceptibility to being recruited, radicalised or influenced by ideologies or associations that advocate or employ violence for political, religious or ideological ends; and\n\n(b) advance the welfare of persons who are radicalising towards violent extremism, including by—\n\n(i) preventing persons who are radicalising towards violent extremism from radicalising further; and\n\n(ii) connecting, or reconnecting, those persons with the community and positive support networks; and\n\n(c) by doing so, protect the community from the threat of violent extremism.\n\nS. 22AB inserted by No. 47/2021 s. 6.\n\n\t22AB Definitions\n\n***appropriate registrar***, for a court, means the registrar for that court or at the proper venue of the court;\n\n(a) in relation to a support and engagement order made by the  Magistrates' Court (or an application in respect of such an order), that Court; and\n\n(b) in relation to a support and engagement order made by the Children's Court (or an application in respect of such an order), that Court;\n\n***CVE MAP*** means the panel established by section 22AR;\n\n***extremist material*** has the meaning given by section 22AC;\n\n***information sharing entity*** means an entity—\n\n(a) that is prescribed; or\n\n(b) that is of a class that is prescribed—\n\nfor the purposes of this definition;\n\nS. 22AB def. of *key person* inserted by No. 9/2025 s. 10(2).\n\n***key person*** means a person referred to in section 22AM(2A);\n\n***member of the CVE MAP*** means a person appointed to the CVE MAP under section 22AT, 22AU or 22AV;\n\nS. 22AB def. of *mental health professional* substituted as *mental health and wellbeing professional* by No. 2/2024 s. 41(3).\n\n***mental health and wellbeing professional*** means—\n\n(a) a registered psychologist within the meaning of the **Mental Health and Wellbeing Act 2022**; or\n\n(b) a psychiatrist within the meaning of that Act; or\n\n(c) any other mental health and wellbeing professional within the meaning of that Act;\n\n***participant*** has the meaning set out in section 22AD;\n\n***program provider*** has the meaning set out in section 22AE;\n\n***proper venue***—\n\n(a) in relation to a proceeding in the Magistrates' Court, has the meaning given by section 3(1) of the **Magistrates' Court Act 1989**; and\n\n(b) in relation to a proceeding in the Children's Court, has the meaning given by section 3(1) of the **Children, Youth and Families Act 2005**;\n\n***prospective participant*** has the meaning given by section 22AF;\n\n***radicalising towards violent extremism*** has the meaning given by section 22AG;\n\n***referred person*** means a person about whom a referral has been made under section 22BH but not yet accepted or refused under section 22BJ;\n\n***respondent*** has the meaning given by section 22AH;\n\n***support and engagement order*** has the meaning given by section 22AI;\n\n***support and engagement plan*** has the meaning given by section 22AJ;\n\n***supported person*** means a person in respect of whom a support and engagement order is in force;\n\n***therapeutic purpose*** has the meaning given by section 22AK;\n\n***underlying cause*** of a person's radicalisation towards violent extremism has the meaning given by section 22AL;\n\nS. 22AB def. of *voluntary case management plan* amended by No. 9/2025 s. 10(1).\n\n***voluntary case management plan*** has the meaning given by section 22AM;\n\nS. 22AB def. of *vulnerable to violent extremism* inserted by No. 9/2025 s. 10(2).\n\n***vulnerable to violent extremism*** has the meaning given by section 22AGA.\n\nS. 22AC inserted by No. 47/2021 s. 6.\n\n\t22AC Meaning of *extremist material*\n\n(1) For the purposes of this Part, ***extremist material*** means—\n\n(a) material that a reasonable person would understand to be—\n\n(i) directly or indirectly encouraging, glorifying, promoting or condoning a terrorist act; or\n\n(ii) seeking support for, or justifying, the carrying out of a terrorist act; or\n\n(b) material that a reasonable person would suspect has been produced or distributed by a terrorist organisation (within the meaning of Division 102 of the Criminal Code of the Commonwealth).\n\n(2) For the purposes of subsection (1)(a)(i) and (ii), it does not matter whether a particular terrorist act is or can be identified in or from the material.\n\n(3) Despite subsection (1), a publication, film or computer game that is classified, within the meaning of the **Classification (Publications, Films and Computer Games) (Enforcement) Act 1995**, with a classification other than RC is not ***extremist material*** for the purposes of this Part.\n\nS. 22AD inserted by No. 47/2021 s. 6.\n\n\t22AD Meaning of *participant*\n\nFor the purposes of this Part—\n\nS. 22AD(a) substituted by No. 9/2025 s. 11.\n\n(a) a person is a ***participant*** if—\n\n(i) the person has given informed consent under section 22BO(1); or\n\n(ii) one of the person's parents or guardians has given informed consent under section 22BO(2); and\n\n(b) the person ceases to be a ***participant*** once the voluntary case management plan that was in force in respect of them ceases to be in force.\n\nS. 22AE inserted by No. 47/2021 s. 6.\n\n\t22AE Meaning of *program provider*\n\n(1) For the purposes of this Part, ***program provider*** means a person who—\n\n(a) provides a participant or a supported person with a service specified in a voluntary case management plan or a support and engagement plan; or\n\n(b) administers a program specified in a voluntary case management plan or a support and engagement plan as a program in which a participant or a supported person is to participate; or\n\n(c) is engaged (whether as an employee, a volunteer or otherwise)—\n\n(i) by an entity that does a thing described in paragraph (a) or (b); and\n\n(2) For the purposes of this Part, a program provider is a program provider ***in respect of*** another person if the provider—\n\n(a) provides that other person with a service as described in subsection (1)(a); or\n\n(b) administers a program in which that other person is to participate as described in subsection (1)(b); or\n\n(c) is engaged, as described in subsection (1)(c)—\n\n(i) by an entity that does a thing described in paragraph (a) or (b); and\n\nS. 22AF inserted by No. 47/2021 s. 6.\n\n\t22AF Meaning of *prospective participant*\n\nFor the purposes of this Part, a person is a ***prospective participant*** if—\n\n(a) a referral in respect of that person has been accepted under section 22BJ; and\n\nS. 22AF(b) substituted by No. 9/2025 s. 12(1).\n\n(b) informed consent has not yet been given by—\n\n(i) the person under section 22BO(1); or\n\n(ii) one of the person's parents or guardians under section 22BO(2); and\n\nS. 22AF(c) substituted by No. 9/2025 s. 12(2).\n\n(c) the Secretary has not yet advised the CVE MAP that attempts to obtain informed consent have failed.\n\nS. 22AG inserted by No. 47/2021 s. 6.\n\n\t22AG Meaning of *radicalising towards violent extremism*\n\n(1) For the purposes of this Part, ***radicalising towards violent extremism*** means the process of coming to support the commission of an act that falls within section 4(2), and does not fall within section 4(3), as a means of—\n\n(a) advancing a political, religious or ideological cause; or\n\n(b) coercing, or influencing by intimidation, the government of the Commonwealth or a State, Territory or foreign country, or of part of a State, Territory or foreign country; or\n\n(c) intimidating the public or a section of the public.\n\n(2) A person may be ***radicalising towards violent extremism*** for the purposes of this Part even though they have not—\n\n(a) identified or considered a particular act—\n\n(i) that is of the kind described in subsection (1); and\n\n(ii) that they are in the process of coming to support as a means of doing a thing described in subsection (1)(a), (b) or (c); or\n\n(b) done an act in preparation for, or in the planning of, a terrorist act; or\n\n(c) possessed or had under their control (whether solely or jointly with any other person) a thing that is connected with the preparation for, or the engagement of a person in, a terrorist act; or\n\n(d) committed an offence.\n\n(3) A behaviour engaged in with any of the following intentions may, in certain circumstances, indicate that the person engaging in that behaviour is ***radicalising towards violent extremism***—\n\n(a) the intention of advancing a political, religious or ideological cause; or\n\n(b) the intention of coercing, or influencing by intimidation, the government of the Commonwealth or a State, Territory or foreign country, or of part of a State, Territory or foreign country; or\n\n(c) the intention of intimidating the public or a section of the public.\n\n(4) Without limiting subsection (3), any of the following behaviours engaged in with an intention set out in that subsection may, in certain circumstances, indicate that the person engaging in that behaviour is ***radicalising towards violent extremism***—\n\n(a) making, collecting, disseminating, endorsing or participating in the production of extremist material;\n\n(b) making, disseminating or endorsing—\n\n(i) statements expressing hatred, serious contempt, revulsion or severe ridicule of the public or a section of the public; or\n\n(ii) statements supportive of the commission of an act that would create a serious risk to the health or safety of the public or a section of the public and does not fall within section 4(3); or\n\n(iii) statements of racial or religious vilification—\n\nwhere those statements reflect an intention specified in subsection (3);\n\n(c) associating with individuals already radicalised towards violent extremism.\n\n(5) For the purposes of subsections (3) and (4), it does not matter whether the behaviour was engaged in by way of an electronic communication within the meaning of the **Electronic Transactions (Victoria) Act** **2000**.\n\nS. 22AGA inserted by No. 9/2025 s. 13.\n\n\t22AGA Meaning of *vulnerable to violent extremism*\n\nFor the purposes of this Part, ***vulnerable to violent extremism*** means—\n\n(a) having psychological, behavioural or social needs that may increase susceptibility to being recruited, radicalised or influenced by ideologies or associations that advocate or employ violence for political, religious or ideological ends; and\n\n(i) having or having had attitudes, beliefs or behaviours that demonstrate support for violent extremism; or\n\n(ii) associating with an individual who has or has had attitudes, beliefs or behaviours that demonstrate support for violent extremism.\n\nS. 22AH inserted by No. 47/2021 s. 6.\n\n\t22AH Who is a *respondent* to an application?\n\nFor the purposes of this Part, the ***respondent*** to an application for a support and engagement order is the person in respect of whom it is proposed that the order be made.\n\nS. 22AI inserted by No. 47/2021 s. 6.\n\n\t22AI What is a *support and engagement order*?\n\nA ***support and engagement order*** is an order that requires the person in respect of whom it is made to comply with—\n\n(a) the support and engagement plan that is attached to the order; and\n\n(b) the other conditions imposed on the order.\n\nS. 22AJ inserted by No. 47/2021 s. 6.\n\n\t22AJ What is a *support and engagement plan*?\n\n(1) A ***support and engagement plan is a plan*** that—\n\n(a) is, or is proposed to be, attached to a support and engagement order; and\n\n(b) is designed to achieve a therapeutic purpose for a person who is, or who is proposed to be, a supported person; and\n\n(c) for that purpose, sets out the material described in subsections (2) and (3).\n\n(2) A ***support and engagement plan*** must set out—\n\n(a) the services and programs with which the supported person is required to engage in order to achieve a therapeutic purpose for the person; and\n\n**Examples**\n\nExample 1 to s. 22AJ(2)(a) amended by No. 2/2024 s. 41(4).\n\n1 Services provided by a mental health and wellbeing professional or a social worker in the practice of their profession.\n\n2 Medical or health services.\n\n3 Drug and alcohol treatment services.\n\n4 Housing services (including services to assist homeless persons).\n\n5 Services provided by a counsellor, therapist or other practitioner to facilitate the making of decisions by or in a family, known as family group conferencing.\n\n6 Employment services.\n\n7 Educational programs.\n\n8 Programs to address social isolation.\n\n9 Programs to address exposure to ideologies that are radical and violent.\n\n(b) how often, or when, that engagement must occur.\n\n(3) A ***support and engagement plan*** may also set out—\n\n(a) required or permissible modes of engagement with those services and programs; and\n\nThe plan may require that the supported person attend a particular service in person or may permit the person to attend the service remotely.\n\n(b) the outcomes that are to constitute satisfactory engagement with those services and programs.\n\n(4) Without limiting subsection (3)(b), a support and engagement plan may provide that the completion of a service or program to the satisfaction of the provider of the service or program is to constitute satisfactory engagement with the service or program.\n\nS. 22AJ(5) amended by No. 2/2024 s. 41(5).\n\n(5) A reference in this Part to a support and engagement plan that ***applies*** to a supported person is a reference to the support and engagement plan that is attached to the support and engagement order that is in force for that supported person.\n\nS. 22AK inserted by No. 47/2021 s. 6, substituted by No. 9/2025 s. 14.\n\n\t22AK When is a thing done to achieve a *therapeutic purpose*?\n\n(1) For the purposes of this Part, a thing is done or designed to achieve a ***therapeutic purpose*** for a person if it is done or designed—\n\n(a) in the case of a person who is vulnerable to violent extremism—\n\n(i) to address—\n\n(A) the underlying causes of the person's vulnerability; and\n\n(B) other factors which may make the person more vulnerable; and\n\n(ii) by doing so, to reduce the extent to which the person is vulnerable to violent extremism; or\n\n(b) in the case of a person who is radicalising towards violent extremism—\n\n(i) to address—\n\n(A) the underlying causes of the person's radicalisation towards violent extremism; and\n\n(B) other factors which may make the person more susceptible to radicalisation; and\n\n(ii) by doing so, to have the person become less radicalised towards violent extremism.\n\n(2) Without limiting subsection (1)(b), a thing may be done or designed to address the underlying causes of a person's radicalisation towards violent extremism if it provides for the person to be connected with—\n\n(a) the community; or\n\n(b) a positive support network.\n\nS. 22AL inserted by No. 47/2021 s. 6.\n\n\t22AL Meaning of *underlying cause* of radicalisation towards violent extremism\n\n(1) For the purposes of this Part, a thing that is a cause of a person undergoing the process described in section 22AG(1) is an ***underlying cause*** of that person radicalising towards violent extremism.\n\n(2) Without limiting subsection (1), in a person's particular circumstances, any of the following things may be an ***underlying cause*** of the person radicalising towards violent extremism—\n\n(a) unemployment;\n\n(b) the use of drugs or alcohol;\n\nS. 22AL(2)(c) amended by No. 2/2024 s. 41(6).\n\n(c) mental illness (within the meaning of the **Mental Health and Wellbeing Act 2022**);\n\n(d) homelessness;\n\n(e) social isolation.\n\n(3) Nothing in subsection (2) means that a thing listed in one of that subsection's paragraphs will be or must be, in every case, an ***underlying cause*** of a particular person radicalising towards violent extremism.\n\nS. 22AM inserted by No. 47/2021 s. 6.\n\n\t22AM What is a *voluntary case management plan*?\n\n(1) A ***voluntary case management plan*** is a plan that—\n\nS. 22AM(1)(a) substituted by No. 9/2025 s. 15(1).\n\n(a) is designed to achieve a therapeutic purpose for a person who is, or who is proposed to be, a participant; and\n\nS. 22AM(1)(b) amended by No. 9/2025 s. 15(2).\n\n(b) for that purpose, sets out the material described in subsection (2).\n\n(2) A ***voluntary case management plan*** must set out—\n\nS. 22AM(2)(a) substituted by No. 9/2025 s. 15(3).\n\n(a) the services and programs with which the participant is to engage in order to achieve a therapeutic purpose for the participant; and\n\n**Examples**\n\nThe services and programs set out in the examples at the foot of section 22AJ(2)(a).\n\n(b) how often, or when, that engagement is to occur.\n\nS. 22AM(2A) inserted by No. 9/2025 s. 15(4).\n\n(2A) For the purposes of subsection (1)(a), a ***voluntary case management plan*** may set out services and programs for any of the following persons to engage in voluntarily—\n\n(a) a member of the participant's immediate family;\n\n(b) a guardian of the participant;\n\n(c) a caregiver of the participant;\n\n(d) any other person whose engagement in the service or program the Secretary is satisfied is an appropriate way to achieve a therapeutic purpose for the participant.\n\nS. 22AM(3) amended by No. 9/2025 s. 15(5).\n\n(3) For the purposes of subsection (1)(a), a ***voluntary case management plan*** may also set out—\n\n(a) the ways in which the participant is to engage with those services and programs; and\n\nThe plan may set out that the person is to attend a particular service in person or may permit the person to attend the service remotely.\n\n(b) the outcomes that are to constitute satisfactory engagement with those services and programs.\n\n(4) Without limiting subsection (3)(b), a voluntary case management plan may provide that the completion of a service or program to the satisfaction of the provider of the service or program is to constitute satisfactory engagement with the service or program.\n\n(5) A reference in this Part to a voluntary case management plan that ***applies*** to a participant, or that is ***in force***, is to be read in accordance with sections 22BR(3) and 22BW(3).\n\nDivision 2—Functions of the Secretary\n\nS. 22AN inserted by No. 47/2021 s. 6.\n\n\t22AN Functions of Secretary for voluntary case management plans\n\nThe functions of the Secretary in relation to voluntary case management are the following—\n\n(a) to determine, under section 22BJ, whether to approve or refuse referrals for voluntary case management;\n\nS. 22AN(b) repealed by No. 9/2025 s. 3(1).\n\n(c) to request, under section 22BO, that informed consent be given to voluntary case management and determine when endeavours to obtain that consent have failed;\n\nS. 22AN(ca) inserted by No. 9/2025 s. 3(2).\n\n(ca) to develop, under section 22BRA, a voluntary case management plan in consultation with the participant;\n\nS. 22AN(cb) inserted by No. 9/2025 s. 3(2).\n\n(cb) to continuously monitor under section 22BS(3) the extent to which a participant in voluntary case management is engaging with a voluntary case management plan that applies to the participant;\n\nS. 22AN(cc) inserted by No. 9/2025 s. 3(2).\n\n(cc) to continuously monitor under section 22BS(3) the extent to which a participant in voluntary case management is vulnerable to violent extremism;\n\n(d) to review voluntary case management plans under section 22BT;\n\nS. 22AN(e) substituted by No. 9/2025 s. 3(3).\n\n(e) to vary, under section 22BV, a voluntary case management plan in consultation with the participant;\n\n(f) to determine whether to revoke voluntary case management plans under section 22CA;\n\n(g) to review the operation of Division 4 from time to time under section 22CE.\n\nS. 22AO inserted by No. 47/2021 s. 6.\n\n\t22AO Secretary may delegate certain functions relating to voluntary case management\n\n(1) The Secretary may by instrument delegate any power, duty or function of the Secretary under Division 4 other than the power under section 22CE.\n\n(2) A delegation under subsection (1) must be to—\n\nS. 22AO(2)(a) amended by No. 9/2025 s. 4(1).\n\n(a) if the power being delegated is a power or duty under section 22BO(1), (2) or (3) or under section 22BP—\n\n(i) a person employed under Part 3 of the **Public Administration Act 2004** (including such a person who is a member of the CVE MAP); or\n\n(ii) any other member of the CVE MAP; or\n\n(iii) a police officer; or\n\n(iv) a person who is not employed under Part 3 of the **Public Administration Act 2004**; or\n\nS. 22AO(2)(b) repealed by No. 9/2025 s. 4(2).\n\n(c) otherwise, an employee employed in the Department of Justice and Community Safety under Part 3 of the **Public Administration Act 2004** who is not a member of the CVE MAP.\n\n(3) In delegating a power in accordance with subsection (2)(a)(iv) to a person who is engaged (whether as an employee or otherwise) by one or more entities, the Secretary must specify, in the instrument of delegation, that one of those entities is the home entity for that person for the purposes of Division 6.\n\nSee section 22EJ.\n\nS. 22AO(4) inserted by No. 9/2025 s. 4(3).\n\n(4) The Secretary may by instrument delegate the Secretary's power under section 22EQ or 22EQA to a person employed in the Department of Justice and Community Safety under Part 3 of the **Public Administration Act 2004** who is not a member of the CVE MAP.\n\nS. 22AO(5) inserted by No. 9/2025 s. 4(3).\n\n(5) For the purposes of subsection (4), the Secretary may delegate the Secretary's power under section 22EQ whether or not the Secretary also delegates any power, duty or function of the Secretary under Division 4 to the same person.\n\nS. 22AP inserted by No. 47/2021 s. 6.\n\n\t22AP Functions of Secretary for support and engagement orders\n\nThe functions of the Secretary in relation to support and engagement orders are the following—\n\n(a) to file in the courts, under section 22CN, reports and proposed support and engagement plans following the making of applications for support and engagement orders;\n\n(b) to attend hearings of applications for support and engagement orders when directed to under section 22CP (or to determine who should attend instead);\n\n(c) to file in the courts, under section 22CV, reports on each supported person's compliance with, and progress under, their support and engagement order, and any proposed variations to the attached support and engagement plans or the conditions attached to the orders;\n\n(d) to attend review hearings when directed to under section 22CW(3) (or to determine who should attend instead);\n\n(e) to attend hearings of applications to vary support and engagement orders when directed to under section 22DD (or to determine who should attend instead);\n\n(f) to file in the courts, under section 22DL, reports and proposed support and engagement plans following the making of applications for the extension of support and engagement orders;\n\n(g) to attend hearings of applications to extend support and engagement orders when directed to under section 22DM (or to determine who should attend instead);\n\n(h) to attend hearings of applications to revoke support and engagement orders when directed to under section 22DU (or to determine who should attend instead).\n\nS. 22AQ inserted by No. 47/2021 s. 6.\n\n\t22AQ Secretary may delegate certain functions relating to support and engagement orders\n\nThe Secretary may, by instrument, delegate any power, duty or function of the Secretary under Division 5.\n\nDivision 3—The Countering Violent Extremism Multi-Agency Panel\n\nS. 22AR inserted by No. 47/2021 s. 6.\n\n\t22AR Establishment of CVE MAP\n\n(1) There is established an advisory panel to be called the Countering Violent Extremism Multi-Agency Panel.\n\n(2) The CVE MAP consists of members appointed by the Secretary under sections 22AT, 22AU and 22AV.\n\nS. 22AS inserted by No. 47/2021 s. 6.\n\n\t22AS Functions of CVE MAP\n\nThe functions of the CVE MAP are the following—\n\nS. 22AS(a) substituted by No. 9/2025 s. 5(1).\n\n(a) to give advice to the Secretary under section 22BEA(2);\n\nS. 22AS(b) substituted by No. 9/2025 s. 5(1).\n\n(b) to continuously monitor under section 22BEA(3) the extent to which a participant in voluntary case management is engaging with a voluntary case management plan that applies to the participant;\n\nS. 22AS(c) substituted by No. 9/2025 s. 5(1).\n\n(c) to continuously monitor under section 22BEA(3) the extent to which a participant in voluntary case management is vulnerable to violent extremism;\n\nS. 22AS(d)–(h) repealed by No. 9/2025 s. 5(1).\n\n(i) to prepare advice and proposed support and engagement plans for the Secretary under sections 22CN and 22DL;\n\n(j) to prepare advice for the Secretary under section 22CV on each supported person's compliance with, and progress under, their support and engagement plan, and any proposed variations;\n\nS. 22AS(k) amended by No. 9/2025 s. 5(2).\n\n(k) to prepare advice for the Secretary, under section 22CV, on a supported person's compliance with, and progress under, their support and engagement order, and any proposed variations to the attached support and engagement plan or the conditions attached to the order;\n\nS. 22AS(l) inserted by No. 9/2025 s. 5(3).\n\n(l) to share information in accordance with Division 6.\n\nS. 22AT inserted by No. 47/2021 s. 6.\n\n\t22AT Secretary may appoint departmental staff to CVE MAP\n\nThe Secretary may, by instrument, appoint as members of the CVE MAP one or more persons employed in the Department of Justice and Community Safety under Part 3 of the **Public Administration Act 2004**.\n\nS. 22AU inserted by No. 47/2021 s. 6.\n\n\t22AU Secretary may appoint nominated persons to CVE MAP\n\n(1) The Secretary may, by instrument, appoint as a member of the CVE MAP a person nominated by a nominating officer if the Secretary considers that the person ought to be a member.\n\n(2) A nominating officer may, by notice in writing given to the Secretary, nominate an eligible person for appointment as a member of the CVE MAP.\n\n(3) The ***nominating officers*** are—\n\n(a) the Chief Commissioner of Police; and\n\n(b) the Department Head of each prescribed Department; and\n\n(c) the Administrative Office Head of each prescribed Administrative Office; and\n\n(d) the Commissioner for Corrections.\n\n(4) The ***eligible persons*** for each nominating officer are—\n\n(a) for the Chief Commissioner of Police—a member of Victoria Police personnel within the meaning of the **Victoria Police Act 2013**; and\n\n(b) for the Department Head of a prescribed Department—a person employed in that Department under Part 3 of the **Public Administration Act 2004**; and\n\n(c) for the Administrative Office Head of a prescribed Administrative Office—a person employed in that Administrative Office under Part 3 of the **Public Administration Act 2004**; and\n\n(d) for the Commissioner for Corrections—a person employed under Part 3 of the **Public Administration Act 2004** for the purposes of the **Corrections Act 1986**.\n\n***Administrative Office*** has the same meaning as in the **Public Administration Act 2004**;\n\n***Administrative Office Head*** has the same meaning as in the **Public Administration Act 2004**;\n\n***Commissioner for Corrections*** means the Commissioner within the meaning of the **Corrections Act 1986**;\n\n***Department*** has the same meaning as in the **Public Administration Act 2004**;\n\n***Department Head*** has the same meaning as in the **Public Administration Act 2004**.\n\nS. 22AV inserted by No. 47/2021 s. 6.\n\n\t22AV Secretary may appoint persons outside public sector to CVE MAP\n\n(1) The Secretary may, by instrument, appoint as members of the CVE MAP one or more persons who are not employed under Part 3 of the **Public Administration Act 2004**.\n\n(2) In appointing a person under subsection (1) who is engaged (whether as an employee or otherwise) by one or more entities, the Secretary must specify, in the instrument of appointment, that one  \n\nof those entities is the home entity for that person for the purposes of Division 6.\n\nSee section 22EJ.\n\nS. 22AW inserted by No. 47/2021 s. 6, amended by No. 2/2024 s. 27.\n\n\t22AW Term of appointment\n\nA member of the CVE MAP holds office for the period, not exceeding 3 years, that is specified in the member's instrument of appointment.\n\nS. 22AX inserted by No. 47/2021 s. 6.\n\n\t22AX Members are eligible for reappointment\n\nA person who is or has been a member of the CVE MAP is eligible for reappointment.\n\nS. 22AY inserted by No. 47/2021 s. 6.\n\n\t22AY Resignation and removal\n\n(1) A member of the CVE MAP ceases to hold office if the member—\n\nS. 22AY(1)(a) amended by No. 9/2025 s. 6.\n\n(a) resigns by written notice delivered to the Secretary and the chairperson of the CVE MAP; or\n\n(b) is removed from office by the Secretary under subsection (3) or (5).\n\n(2) A member of the CVE MAP appointed following a nomination under section 22AU ceases to hold office if the member ceases to be an eligible person in relation to the nominating officer who made the nomination.\n\n(3) The Secretary may remove a member of the CVE MAP from office.\n\n(4) A nominating officer may, by written notice, request that the Secretary remove from the CVE MAP a member who was appointed following a nomination made by that officer.\n\n(5) The Secretary must remove a member of the CVE MAP from office if requested to do so under subsection (4).\n\n***eligible person*** has the same meaning as in section 22AU;\n\n***nominating officer*** has the same meaning as in section 22AU.\n\nS. 22AYA inserted by No. 2/2024 s. 16.\n\n\t22AYA Acting appointments—departmental staff\n\n(1) The Secretary, by instrument, may appoint a person employed in the Department of Justice and Community Safety under Part 3 of the **Public Administration Act 2004** to act in the place of a member of the CVE MAP appointed under section 22AT during any period when that member is—\n\n(a) absent; or\n\n(b) for any other reason, unable to attend meetings of the CVE MAP or otherwise unable to perform the duties of the office.\n\n(2) An appointment under subsection (1) is for the period specified in the instrument of appointment.\n\nSee also section 41AA of the **Interpretation of Legislation Act 1984** regarding acting appointments.\n\nS. 22AYB inserted by No. 2/2024 s. 16.\n\n\t22AYB Acting appointments—nominated persons\n\n(1) A nominating officer, by written notice given to the Secretary, may nominate an eligible person to act in the place of a member of the CVE MAP appointed under section 22AU following a nomination by that nominating officer.\n\n(2) If the Secretary considers that the eligible person ought to act in the place of the member referred to in subsection (1), the Secretary, by instrument, may appoint that eligible person to act in the place of the member during any period when that member is—\n\n(a) absent; or\n\n(b) for any other reason, unable to attend meetings of the CVE MAP or otherwise unable to perform the duties of the office.\n\n(3) An appointment under subsection (1) is for the period specified in the instrument of appointment.\n\n***eligible person*** has the same meaning as in section 22AU;\n\n***nominating officer*** has the same meaning as in section 22AU.\n\nSee also section 41AA of the **Interpretation of Legislation Act 1984** regarding acting appointments.\n\nS. 22AZ inserted by No. 47/2021 s. 6.\n\n\t22AZ Chairperson and deputy chairperson\n\n(1) The Secretary must, by instrument—\n\n(a) appoint one member of the CVE MAP to be the chairperson; and\n\n(b) appoint one member of the CVE MAP to be the deputy chairperson.\n\n(2) The deputy chairperson must act as chairperson during any period when—\n\n(a) the office of chairperson is vacant; or\n\n(b) the chairperson is, for any reason, unable to perform the duties of the office.\n\nThe deputy chairperson must also preside at meetings in certain circumstances—see section 22BC.\n\n(3) While the deputy chairperson is acting as chairperson, the deputy chairperson has and may exercise all the powers, and must perform all the duties and functions, of the chairperson.\n\n(4) A person appointed as chairperson or deputy chairperson ceases to hold that office on ceasing to be a member of the CVE MAP.\n\nS. 22B inserted by No. 47/2021 s. 6.\n\n\t22B CVE MAP may regulate its own procedure\n\nSubject to this Act, the CVE MAP may regulate its own procedure.\n\nS. 22BA inserted by No. 47/2021 s. 6, substituted by No. 2/2024 s. 28.\n\n\t22BA CVE MAP to act by resolution\n\nAn act that the CVE MAP is empowered to do is to be done by a resolution of the CVE MAP made—\n\n(a) at a meeting of the CVE MAP; or\n\n(b) without a meeting in accordance with section 22BCA.\n\nS. 22BB inserted by No. 47/2021 s. 6.\n\n\t22BB Meetings of CVE MAP\n\n(1) The CVE MAP is to meet at the times and places that are fixed by the chairperson.\n\n(2) A quorum of the CVE MAP consists of a majority of the members of the CVE MAP.\n\n(3) A question arising at a meeting is determined by a majority of votes.\n\nS. 22BB(4) substituted by No. 2/2024 s. 29.\n\n(4) Subject to section 22BD(1)—\n\n(a) each member of the CVE MAP has a deliberative vote on a question arising at a meeting; and\n\n(b) in the case of an equality of votes, the person presiding at the meeting has a second or casting vote.\n\nS. 22BC inserted by No. 47/2021 s. 6.\n\n\t22BC Person who is to preside at meetings of the CVE MAP\n\n(1) The chairperson is to preside at a meeting of the CVE MAP at which they are present.\n\n(2) If the chairperson is, or is to be—\n\n(a) absent from a meeting of the CVE MAP; or\n\nS. 22BC(2)(b) amended by No. 2/2024 s. 30.\n\n(b) precluded, under section 22BD(1), from presiding at a meeting of the CVE MAP during deliberations on a particular matter—\n\nthe deputy chairperson is to preside.\n\n(3) If both the chairperson and the deputy chairperson are, or are to be—\n\n(a) absent from a meeting of the CVE MAP; or\n\nS. 22BC(3)(b) amended by No. 2/2024 s. 30.\n\n(b) precluded, under section 22BD(1), from presiding at a meeting of the CVE MAP during deliberations on a particular matter—\n\na member elected by the members present at the meeting must preside.\n\nS. 22BCA inserted by No. 2/2024 s. 31.\n\n\t22BCA Resolutions without meetings\n\n(1) The CVE MAP may determine—\n\n(a) that it may make a specified resolution, or a resolution of a specified class, without a meeting; and\n\n(b) a method by which members are to cast votes on that resolution or a resolution of that class.\n\n(2) A resolution is made in accordance with this section if—\n\n(a) the resolution is specified, or of a class specified, in a determination under subsection (1)(a); and\n\n(b) all members of the CVE MAP have been informed of the resolution, or reasonable efforts have been made to inform members of the resolution; and\n\n(c) there are a majority of votes in favour of the resolution; and\n\n(d) those votes are cast in accordance with the method determined under subsection (1)(b).\n\n(3) Subject to section 22BD(1)—\n\n(a) each member of the CVE MAP has a deliberative vote on the resolution; and\n\n(b) in the case of an equality of votes, the chairperson has a second or casting vote.\n\n(4) The chairperson of the CVE MAP must ensure that a record is kept of resolutions made without a meeting.\n\nS. 22BD inserted by No. 47/2021 s. 6, substituted by No. 2/2024 s. 32.\n\n\t22BD Conflicts of interest\n\n(1) If a member of the CVE MAP has a conflict of interest in respect of a matter, the member—\n\n(a) does not have a vote in respect of the matter; and\n\n(b) must not preside at a meeting of the CVE MAP during deliberations on that matter; and\n\n(c) must not propose a resolution in respect of that matter that is to be made without a meeting in accordance with section 22BCA; and\n\n(d) must not inform members of the CVE MAP, under section 22BCA(2)(b), of a resolution that is to be made without a meeting in respect of that matter.\n\n(2) However, the member of the CVE MAP need not absent themselves from a meeting of the CVE MAP during deliberations on that matter.\n\nS. 22BDA inserted by No. 2/2024 s. 17.\n\n\t22BDA CVE MAP member may appoint representative for meeting\n\nS. 22BDA(1) amended by No. 9/2025 s. 7(1).\n\n(1) If a member of the CVE MAP specified in Column 2 of the following Table will not attend a meeting of the CVE MAP for any reason, the member may appoint a person specified in Column 3 opposite that member to represent the member's home entity at the meeting of the CVE MAP.\n\n| *Column 1*   <br>*Item* | *Column 2*<br>*Member of the CVE MAP* | *Column 3*<br>*Person who may be appointed as a representative* |\n| 1 | A member of the CVE MAP appointed under section 22AT | A person employed in the Department of Justice and Community Safety under Part 3 of the **Public Administration Act 2004** |\n| 2 | A member of the CVE MAP appointed under section 22AU following a nomination by the Chief Commissioner of Police | A member of Victoria Police personnel |\n| 3 | A member of the CVE MAP appointed under section 22AU following a nomination by a Department Head | A person employed in the Department of that Department Head under Part 3 of the **Public Administration Act 2004** |\n| 4 | A member of the CVE MAP appointed under section 22AU following a nomination by an Administrative Office Head | A person employed in the Administrative Office of that Administrative Office Head under Part 3 of the **Public Administration Act 2004** |\n| 5 | A member of the CVE MAP appointed under section 22AU following a nomination by the Commissioner for Corrections | A person employed under Part 3 of the **Public Administration Act 2004** for the purposes of the **Corrections Act 1986** |\n| 6 | A member of the CVE MAP appointed under section 22AV for whom a home entity has been specified in the member's instrument of appointment under section 22AV(2) | A person engaged (whether as an employee or otherwise) by that home entity |\n\nS. 22BDA(1A) inserted by No. 9/2025 s. 7(2).\n\n(1A) A member of the CVE MAP who appoints a representative under subsection (1) must notify the chairperson of the CVE MAP of the appointment in writing before the meeting.\n\nS. 22BDA(2) amended by No. 9/2025 s. 7(3).\n\n(2) A notification under subsection (1A) must specify—\n\n(a) the meeting of the CVE MAP for which the appointment is made; and\n\n(b) the date on which the appointment commences, which must not be earlier than 3 weeks before that meeting; and\n\n(c) the date on which the appointment expires, which must not be later than 3 weeks after that meeting.\n\nS. 22BDA(3) amended by No. 9/2025 s. 7(4).\n\n(3) A representative may attend and participate in the meeting of the CVE MAP specified in the notice given under subsection (1A).\n\n(4) Nothing in this section has the effect that a representative—\n\nS. 22BDA (4)(a) amended by No. 9/2025 s. 7(5).\n\n(a) is to be counted as a member for the purposes of determining whether there is a quorum of the CVE MAP at the meeting specified in the notice given under subsection (1A); or\n\n(b) has a vote on any question arising at that meeting; or\n\n(c) may participate in the making of a resolution of the CVE MAP without a meeting in accordance with section 22BCA.\n\n***home entity*** has the meaning given by section 22EJ(1);\n\n***representative*** means a person appointed under subsection (1).\n\nDivision 4—Voluntary case management\n\nS. 22BE inserted by No. 47/2021 s. 6, substituted by No. 9/2025 s. 16.\n\n\t22BE Object of Division\n\nThe object of this Division is to facilitate the engagement, on a voluntary basis, of a person who is vulnerable to violent extremism with services and programs in order to achieve a therapeutic purpose for the person.\n\nS. 22BEA inserted by No. 9/2025 s. 17.\n\n\t22BEA Secretary may request advice from CVE MAP\n\n(1) For the purposes of performing a function or exercising a power under this Division, the Secretary may direct the CVE MAP to give the Secretary any advice requested by the Secretary.\n\n(2) The CVE MAP must give the Secretary the advice requested under subsection (1).\n\n(3) Without limiting subsection (1), the CVE MAP, for the purposes of advising the Secretary under subsection (2), must continuously monitor—\n\n(a) a participant's engagement with the voluntary case management plan that applies to the participant; and\n\n(b) the extent to which a participant is vulnerable to violent extremism.\n\nS. 22BF inserted by No. 47/2021 s. 6, repealed by No. 9/2025 s. 18.\n\nS. 22BG inserted by No. 47/2021 s. 6, repealed by No. 9/2025 s. 19.\n\nSubdivision 2—Referral to Secretary\n\nS. 22BH inserted by No. 47/2021 s. 6.\n\n\t22BH Referral to Secretary by Chief Commissioner of Police\n\nS. 22BH(1) substituted by No. 9/2025 s. 20(1).\n\n(1) The Chief Commissioner of Police may refer a person to the Secretary for voluntary case management in accordance with this Division if satisfied that—\n\n(a) there is reason to believe that the person in respect of whom the referral is to be made is vulnerable to violent extremism; and\n\n(b) a voluntary case management plan is an appropriate way to achieve a therapeutic purpose for the person.\n\nSee also sections 22AGA and 22AK.\n\nS. 22BH(2)(3) repealed by No. 9/2025 s. 20(1).\n\n(4) A referral under subsection (1) must—\n\n(a) be in writing; and\n\nS. 22BH(4)(b) amended by No. 9/2025 s. 20(2).\n\n(b) be accompanied by a report that explains why the Chief Commissioner of Police is satisfied of the matters set out in subsection (1)(a) and (b).\n\n(5) The Chief Commissioner of Police must not refer a person to the Secretary under subsection (1) if the person is under 10 years of age.\n\n(6) The Chief Commissioner of Police may, by instrument, delegate the power to make a referral under subsection (1) to a police officer who is of or above the rank of Inspector.\n\nS. 22BI inserted by No. 47/2021 s. 6, repealed by No. 9/2025 s. 21.\n\nS. 22BJ inserted by No. 47/2021 s. 6.\n\n\t22BJ Secretary to decide whether to accept referral\n\n(1) On a referral under section 22BH, the Secretary must determine whether to accept the referral in accordance with this section.\n\n(2) The Secretary may accept the referral if satisfied that—\n\nS. 22BJ(2)(a) amended by No. 9/2025 s. 22(1).\n\n(a) the referred person is vulnerable to violent extremism; and\n\nS. 22BJ(2)(b) substituted by No. 9/2025 s. 22(2).\n\n(b) the making of a voluntary case management plan for the referred person is an appropriate way to achieve a therapeutic purpose for the person.\n\nS. 22BJ(3) repealed by No. 9/2025 s. 22(3).\n\n(4) Otherwise, the Secretary must refuse the referral.\n\n(5) In determining the referral, the Secretary must have regard to—\n\n(a) the report that accompanied the referral under section 22BH(4)(b); and\n\nS. 22BJ(5)(b) substituted by No. 9/2025 s. 22(4).\n\n(b) any advice of the CVE MAP given in respect of the referral.\n\nS. 22BJ(6) substituted by No. 9/2025 s. 22(5).\n\n(6)  As soon as practicable after accepting or refusing a referral, the Secretary must give written notice of the acceptance or refusal to the CVE MAP.\n\nS. 22BK inserted by No. 47/2021 s. 6, repealed by No. 9/2025 s. 23.\n\nS. 22BL inserted by No. 47/2021 s. 6, repealed by No. 9/2025 s. 24.\n\nS. 22BM inserted by No. 47/2021 s. 6, repealed by No. 9/2025 s. 25.\n\nSubdivision 3—Requesting consent for case management\n\nS. 22BN inserted by No. 47/2021 s. 6, repealed by No. 9/2025 s. 26.\n\nS. 22BO inserted by No. 47/2021 s. 6.\n\n\t22BO Request for consent to case management\n\nS. 22BO(1) substituted by No. 9/2025 s. 27(1).\n\n(1) Before developing a voluntary case management plan under section 22BRA, the Secretary must ask the prospective participant to give informed consent, in writing, to case management.\n\nS. 22BO(2) substituted by No. 9/2025 s. 27(2).\n\n(2) If the prospective participant is under 18 years of age and in the Secretary's professional judgement cannot give informed consent, the Secretary must also ask a parent or guardian to give informed consent, in writing, to case management.\n\nS. 22BO(2A) inserted by No. 9/2025 s. 27(3).\n\n(2A) For the purposes of subsection (2), a prospective participant cannot give informed consent if the prospective participant cannot—\n\n(a) understand the information relevant to the decision to give consent and the effect of the decision to give consent; or\n\n(b) retain that information to the extent necessary to make the decision to give consent; or\n\n(c) use or weigh that information as part of the process of making the decision to give consent; or\n\n(d) communicate the decision to give consent and the person's views and needs relating to the decision, in some way, whether by speech, gestures or other means.\n\n(3) A person gives informed consent to case management if they give that consent after the Secretary informs them, in language they are likely to understand—\n\n(a) that there is no requirement to become a participant; and\n\nS. 22BO(3)(b) substituted by No. 9/2025 s. 27(4).\n\n(b) what a voluntary case management plan may require or permit the prospective participant to do if they become a participant; and\n\n(c) what is permitted under Division 6 in relation to information about the prospective participant if they become a participant; and\n\n(d) the purposes for which those things are permitted; and\n\n(e) the ability of, and process for, the person to withdraw consent at any time; and\n\nS. 22BO(3)(f) amended by No. 9/2025 s. 27(5).\n\n(f) the consequences (if any) for the prospective participant if, having become a participant, consent is withdrawn or they cease to comply with the plan.\n\nS. 22BO(3)(g) repealed by No. 9/2025 s. 27(6).\n\nS. 22BO(4) repealed by No. 9/2025 s. 27(7).\n\n(5) The Secretary may make multiple requests that a person give informed consent, including after such a request has been refused.\n\n(6) If—\n\nS. 22BO(6)(a) amended by No. 9/2025 s. 27(8).\n\n(a) the prospective participant is under 18 years of age; and\n\n(b) one of the prospective participant's parents or guardians is asked, under subsection (2), to give informed consent; and\n\n(c) the parent or guardian refuses that request—\n\nthe Secretary may make a request under subsection (2) to another of the prospective participant's parents or guardians.\n\nS. 22BO(7) amended by No. 9/2025 s. 27(9).\n\n(7) However, the Secretary must not make a request for informed consent in respect of a prospective participant more than 90 days after the first request is made in respect of that participant.\n\nS. 22BP inserted by No. 47/2021 s. 6, substituted by No. 9/2025 s. 28.\n\n\t22BP Endeavours to obtain informed consent\n\n(1) The Secretary must record the date and outcome of each endeavour to obtain informed consent in respect of a prospective participant as soon as practicable after each endeavour.\n\n(2) The Secretary must notify the CVE MAP that the endeavour to obtain informed consent in respect of a person who was a prospective participant has failed if—\n\n(a) 90 days have passed since the first endeavour to obtain informed consent; and\n\n(b) informed consent in respect of that person has not been given.\n\nS. 22BQ inserted by No. 47/2021 s. 6, repealed by No. 9/2025 s. 29.\n\nS. 22BR inserted by No. 47/2021 s. 6, repealed by No. 9/2025 s. 30.\n\nSubdivision 4—Case management\n\nS. 22BRA inserted by No. 9/2025 s. 31.\n\n\t22BRA Secretary to develop voluntary case management plan in consultation with participant\n\n(1) Subject to subsection (2), as soon as practicable after receiving the informed consent of a participant, the Secretary in consultation with the participant must develop a voluntary case management plan for the participant.\n\n(2) If a parent or guardian of the participant gave informed consent, the Secretary must develop a voluntary case management plan for the participant in consultation with—\n\n(a) the parent or guardian; and\n\n(b) if the Secretary considers that it is appropriate to do so, the participant.\n\n(3) A voluntary case management plan may provide for a key person in relation to the participant to engage voluntarily in services and programs set out in the plan.\n\n(4) The Secretary must be satisfied that a case management plan developed under this section is an appropriate way to achieve a therapeutic purpose for the participant.\n\nS. 22BRB inserted by No. 9/2025 s. 31.\n\n\t22BRB Commencement and provision of voluntary case management plan\n\n(1) In developing a voluntary case management plan the Secretary must—\n\n(a) specify in the plan—\n\n(i) the day from which the plan operates; and\n\n(ii) the period for which the plan operates; and\n\n(b) give a copy of the plan to—\n\n(i) the participant; and\n\n(ii) any other person who gave consent under section 22BO(2) in respect of the participant.\n\n(2) For the purposes of this Part, the voluntary case management plan given to the participant under subsection (1)(b)—\n\n(a) is ***in force*** on and after the day it is given to the participant and until—\n\n(i) it expires; or\n\n(ii) it is varied or revoked; or\n\n(iii) the participant (or a person who gave consent under section 22BO(2) in respect of the participant) withdraws consent in accordance with section 22BX; and\n\n(b) while in force, is the voluntary case management plan that applies to the participant.\n\nS. 22BS inserted by No. 47/2021 s. 6, substituted by No. 9/2025 s. 32.\n\n\t22BS Information about critical events\n\n(1) The Secretary must notify the CVE MAP as soon as practicable after the Secretary determines that—\n\n(a) a voluntary case management plan is no longer justified for a participant because that participant is no longer vulnerable to violent extremism; or\n\n(b) a voluntary case management plan that applies to a participant is no longer an appropriate way to achieve a therapeutic purpose for the participant; or\n\n(c) a participant has for a period of at least 28 days ceased to engage with the services and programs set out in the voluntary case management plan that applies to them in accordance with that plan; or\n\n(d) the informed consent given by the participant in accordance with section 22BO has been withdrawn in accordance with Subdivision 6; or\n\n(e) if the participant is under 18 years of age, any informed consent given by a parent or guardian in accordance with section 22BO has been withdrawn in accordance with Subdivision 6.\n\n(2) Without limiting subsection (1), the Secretary may determine that a voluntary case management plan that applies to a participant may no longer be an appropriate way to achieve a therapeutic purpose for the participant on the basis of a reduction in the participant's engagement with the services and programs set out in the plan.\n\n(3) The Secretary must continuously monitor—\n\n(a) a participant's engagement with the voluntary case management plan that applies to the participant; and\n\n(b) the extent to which a participant is vulnerable to violent extremism—\n\nfor the purposes of the Secretary making a determination under subsection (1).\n\nS. 22BT inserted by No. 47/2021 s. 6.\n\n\t22BT Reviews of voluntary case management plans\n\n(1) The Secretary may conduct a review in order to determine—\n\n(a) the extent to which the participant is complying with the voluntary case management plan that applies to them; and\n\n(b) the extent to which the programs and services under the plan are addressing the needs of the participant; and\n\nS. 22BT(1)(c) amended by No. 9/2025 s. 33(1).\n\n(c) the extent to which the participant is still vulnerable to violent extremism; and\n\n(d) whether the participant would benefit from further programs and services.\n\nS. 22BT(2)(3) repealed by No. 9/2025 s. 33(2).\n\n(4) A review under subsection (1) may be conducted at any time as determined by the Secretary.\n\n(5) In addition to reviews under subsection (1) that are conducted at the times determined by the Secretary, the Secretary must conduct a review under that subsection in respect of a participant who is under 18 years of age—\n\n(a) within six months after the day specified in the voluntary case management plan that applies to the participant under section 22BR(1)(a)(i) or 22BW(1)(b)(i) (as the case requires); and\n\n(b) no later than six months after the completion of the review conducted in accordance with paragraph (a).\n\nSubdivision 5—Variation of plan during case management\n\nS. 22BU inserted by No. 47/2021 s. 6, repealed by No. 9/2025 s. 34.\n\nS. 22BV inserted by No. 47/2021 s. 6, substituted by No. 9/2025 s. 35.\n\n\t22BV Secretary may vary voluntary case management plan in consultation with participant\n\n(1) Subject to subsection (2), the Secretary may, in consultation with a participant, vary the participant's voluntary case management plan.\n\n(2) If a parent or guardian of the participant gave informed consent, the Secretary must vary the voluntary case management plan for the participant in consultation with—\n\n(a) the parent or guardian; and\n\n(b) if the Secretary considers that it is appropriate to do so, the participant.\n\n(3) A voluntary case management plan may provide for a key person in relation to the participant to engage voluntarily in services and programs set out in the plan.\n\n(4) The Secretary must be satisfied that a case management plan developed under this section is an appropriate way to achieve a therapeutic purpose for the participant.\n\n(5) Without limiting this section, the Secretary may vary a voluntary case management plan following—\n\n(a) a determination under section 22BS(1) in relation to that plan; or\n\n(b) a review under section 22BT(1).\n\nS. 22BW inserted by No. 47/2021 s. 6.\n\n\t22BW Commencement and provision of varied voluntary case management plan\n\nS. 22BW(1) substituted by No. 9/2025 s. 36(1).\n\n(1) If the Secretary varies a participant's voluntary case management plan under section 22BV, the Secretary must—\n\n(a) specify in the plan—\n\n(i) the day from which the plan (as varied) operates; and\n\n(ii) the period for which the plan (as varied) operates; and\n\n(b) give a copy of the plan (as varied) to—\n\n(i) the participant; and\n\n(ii) any other person who gave consent in respect of the participant.\n\nS. 22BW(2) repealed by No. 9/2025 s. 36(2).\n\n(3) For the purposes of this Part, the voluntary case management plan given to the participant under subsection (1)(c)—\n\n(a) is ***in force*** on and after the day it is given to the participant and until—\n\n(i) it expires; or\n\n(ii) it is varied or revoked; or\n\nS. 22BW (3)(a)(iii) amended by No. 9/2025 s. 36(3).\n\n(iii) the participant (or a person who gave consent in respect of the participant) withdraws consent in accordance with section 22BX; and\n\n(b) while in force, is the voluntary case management plan that ***applies*** to the participant.\n\nSubdivision 6—Withdrawal of consent\n\nS. 22BX inserted by No. 47/2021 s. 6.\n\n\t22BX Informed consent may be withdrawn\n\nS. 22BX(1) amended by No. 9/2025 s. 37(1).\n\n(1) A participant, or any other person who has given informed consent in accordance with section 22BO, may withdraw that consent at any time.\n\n(2) The withdrawal of consent must be by way of a communication to—\n\n(a) a person who is a program provider in respect of the participant; or\n\nS. 22BX(2)(b) substituted by No. 9/2025 s. 37(2).\n\n(b) a person employed in the Department of Justice and Community Safety and whose name is specified in the participant's voluntary case management plan for this purpose.\n\n(3) The communication may be oral or written.\n\nS. 22BY inserted by No. 47/2021 s. 6, substituted by No. 9/2025 s. 38.\n\n\t22BY Program provider who receives withdrawal of consent must notify specified departmental staff member\n\nAs soon as practicable after a program provider receives a communication referred to in section 22BX(2)(a), the program provider must notify a person employed in the Department of Justice and Community Safety and whose name is specified in the participant's voluntary case management plan for this purpose.\n\nS. 22BZ inserted by No. 47/2021 s. 6, repealed by No. 9/2025 s. 39.\n\nSubdivision 7—Revocation of voluntary case management plan by Secretary\n\nS. 22C inserted by No. 47/2021 s. 6, repealed by No. 9/2025 s. 40.\n\nS. 22CA inserted by No. 47/2021 s. 6.\n\n\t22CA Secretary may revoke voluntary case management plan\n\nS. 22CA(1) substituted by No. 9/2025 s. 41(1).\n\n(1) The Secretary may revoke a voluntary case management plan at any time.\n\n(2) Without limiting subsection (1), the Secretary may revoke a voluntary case management plan under that subsection following—\n\nS. 22CA(2)(a) substituted by No. 9/2025 s. 41(2).\n\n(a) a determination under section 22BS(1) in relation to that plan; or\n\n(b) a review under section 22BT; or\n\nS. 22CA(2)(c) amended by No. 9/2025 s. 41(3).\n\n(c) the Chief Commissioner of Police informing the Secretary of reasons relating to law enforcement that support the conclusion that a voluntary case management plan is no longer an appropriate way to reduce the extent to which the participant is vulnerable to violent extremism.\n\nS. 22CA(3) amended by No. 9/2025 s. 41(4).\n\n(3) On revoking a voluntary case management plan under subsection (1), the Secretary must notify the CVE MAP in writing.\n\nS. 22CB inserted by No. 47/2021 s. 6, repealed by No. 9/2025 s. 42.\n\nSubdivision 8—Expiry of voluntary case management plan\n\nS. 22CC inserted by No. 47/2021 s. 6, amended by No. 9/2025 s. 43.\n\n\t22CC Expiry of voluntary case management plan at end of plan\n\nA voluntary case management plan expires at the end of the period that is specified in the plan under section 22BRB(1)(a)(ii) or 22BW(1)(a)(ii) (as the case requires).\n\nS. 22CD inserted by No. 47/2021 s. 6, repealed by No. 9/2025 s. 44.\n\nSubdivision 9—Review\n\nS. 22CE inserted by No. 47/2021 s. 6.\n\n\t22CE Secretary may review operation of Division\n\n(1) The Secretary may from time to review the operation of this Division.\n\n(2) The Secretary may give a copy of a review under subsection (1) to the Minister.\n\nS. 22CF inserted by No. 47/2021 s. 6.\n\n\t22CF Independent review after first 3 years\n\n(1) The Minister must cause a review of the operation of this Division to be undertaken.\n\n(2) The review must commence no later than 2 September 2025.\n\n(3) The review must assess the effectiveness of the voluntary case management of persons in accordance with this Division, having regard to—\n\n(a) the implementation of the scheme provided for by this Division; and\n\n(b) how the provisions in this Division relating to obtaining informed consent have operated; and\n\n(c) how effective and adequate programs and services specified in voluntary case management plans have been at—\n\n(i) mitigating the extent to which participants are at risk of radicalising towards violent extremism; or\n\nS. 22CF (3)(c)(ia) inserted by No. 9/2025 s. 45.\n\n(ia) reducing the extent to which participants are vulnerable to violent extremism; or\n\n(ii) achieving a therapeutic purpose for participants; and\n\n(d) whether voluntary case management in accordance with this Division has had any unintended outcomes; and\n\n(e) the outcomes of voluntary case management in accordance with this Division for participants younger than 15 years of age; and\n\n(f) the outcomes of voluntary case management in accordance with this Division for participants between 15 and 18 years of age.\n\n(4) The review must be undertaken having regard to the views of the community and of relevant entities and independent experts.\n\n(5) The review must be completed within 18 months of its commencement.\n\n(6) The Minister must ensure that the review is tabled before each House of the Parliament as soon as practicable after it is completed.\n\nDivision 5—Support and engagement orders\n\nS. 22CG inserted by No. 47/2021 s. 6.\n\n\t22CG Object of Division\n\nThe object of this Division is to authorise a court to make a support and engagement order requiring a person to engage with services in order to address the underlying causes of that person's radicalisation towards violent extremism.\n\nS. 22CH inserted by No. 47/2021 s. 6.\n\n\t22CH Court proceedings involving children\n\nIf a court is to hear and determine a matter under this Division in respect of a respondent or supported person who is a child, the court must have regard to—\n\n(a) the need to strengthen, preserve and promote positive relationships between the child and the child's parent, family members and persons significant to the child; and\n\n(b) the child's social, individual and cultural identity and religious faith (if any); and\n\n(c) the child's age, maturity and stage of development; and\n\n(d) the importance of allowing the education, training or employment of the child to continue without interruption or disturbance; and\n\n(e) the vulnerability of the child, including whether they have a history of trauma, disability or physical or mental illness; and\n\n(f) the need to minimise stigma to the child.\n\nS. 22CI inserted by No. 47/2021 s. 6.\n\n\t22CI Court is to make a finding of radicalisation on the basis of the person's behaviour\n\n(1) This section sets out how a court is to find, for the purposes of this Division, whether a person is radicalising towards violent extremism.\n\nSection 22AG sets out what is meant by ***radicalising towards violent extremism***.\n\n(2) The court is to make that finding on the basis of behaviour that the court finds—\n\n(a) has been engaged in by the person; and\n\n(b) indicates that the person is radicalising towards violent extremism.\n\nSection 22AG(3), (4) and (5) describe behaviour that may, in certain circumstances, indicate that a person is radicalising towards violent extremism.\n\n(3) The court may—\n\n(a) find that a person has engaged in behaviour described in section 22AG(3) or (4); but\n\n(b) find that, nonetheless, in the particular circumstances of the case, the behaviour does not indicate that the person is radicalising towards violent extremism.\n\n(4) The court may find that a person is radicalising towards violent extremism whether or not the court finds that the person is preparing to commit a terrorist act.\n\nS. 22CJ inserted by No. 47/2021 s. 6.\n\n\t22CJ Standard of proof\n\nAny question of fact to be decided by a court under this Division is to be decided on the balance of probabilities.\n\nSubdivision 2—Application for support and engagement order\n\nS. 22CK inserted by No. 47/2021 s. 6.\n\n\t22CK Application for support and engagement order\n\n(1) Subject to subsection (3), an authorised police officer may apply for a support and engagement order.\n\n(2) An application under subsection (1) must be made to—\n\n(a) the Magistrates' Court, if the respondent is an adult; or\n\n(b) the Children's Court, if the respondent is a child.\n\n(3) An authorised police officer must not make an application under subsection (1) if the proposed respondent is—\n\n(a) under 14 years of age; or\n\n(b) a person who has already been subject to one or more support and engagement orders for a total period of 2 years.\n\n(4) The total period referred to in subsection (3)(b) is to be calculated by adding together the lengths of the periods during which the respondent has been subject to support and engagement orders, irrespective of whether or not any of those periods were consecutive.\n\nS. 22CL inserted by No. 47/2021 s. 6.\n\n\t22CL Form and content of application\n\nAn application under section 22CK must—\n\n(i) sets out the grounds on which the applicant considers that the support and engagement order should be made; and\n\n(c) specify the length of time for which the applicant considers that the support and engagement order should be in force; and\n\n(d) detail the extent to which the respondent has previously engaged voluntarily with Victoria Police to mitigate the extent to which, or the risk that, the respondent is radicalising towards violent extremism; and\n\n(e) set out whether the respondent has previously been a participant in voluntary case management; and\n\n(f) set out whether endeavours to obtain informed consent in respect of voluntary case management of the respondent have previously failed; and\n\nNote to s. 22CL(f) amended by No. 9/2025 s. 46.\n\nSee section 22BP.\n\n(g) set out whether such informed consent has been withdrawn; and\n\nSee section 22BX.\n\n(h) detail each previous application made under section 22CK in respect of the respondent (if any), and the outcome of each such application; and\n\n(i) include the prescribed information.\n\nS. 22CM inserted by No. 47/2021 s. 6.\n\n\t22CM Service of application\n\n(1) As soon as practicable after an authorised police officer applies for a support and engagement order, the applicant must—\n\n(a) serve notice of the application on the respondent in accordance with Subdivision 9; and\n\n(2) Notice under subsection (1)(a) must set out the grounds on which the support and engagement order is sought.\n\nS. 22CN inserted by No. 47/2021 s. 6.\n\n\t22CN Secretary to file report and proposed support and engagement plan\n\n(1) On receiving, under section 22CM(1)(b), a copy of an application for a support and engagement order, the Secretary must, within a reasonable time, file in the court—\n\n(a) a report—\n\n(i) that describes the behaviours and needs of the respondent that are relevant to the application; and\n\n(ii) if the respondent has previously been a participant under a voluntary case management plan, that describes the participant's engagement with programs and services under that plan; and\n\n(b) a proposed support and engagement plan for the respondent.\n\n(2) For the purposes of subsection (1)—\n\n(a) the Secretary may direct the chairperson of the CVE MAP to give the Secretary advice that—\n\n(i) is prepared by the CVE MAP; and\n\n(ii) covers the matters that the report under subsection (1)(a) is to describe; and\n\n(b) the Secretary may direct the chairperson of the CVE MAP to give the Secretary a proposed support and engagement plan for the respondent that is prepared by the CVE MAP.\n\nSubdivision 3—Determination of application for support and engagement order\n\nS. 22CO inserted by No. 47/2021 s. 6.\n\n\t22CO Determination of application\n\n(1) On an application for a support and engagement order, the court may make the order if—\n\n(a) the court finds, in accordance with section 22CI, that the respondent is radicalising towards violent extremism; and\n\n(b) the court is satisfied that the making of a support and engagement order is an appropriate way to achieve a therapeutic purpose for the respondent.\n\nSection 22AK explains what it means to achieve a therapeutic purpose for a person.\n\n(2) Otherwise, the court must refuse the application.\n\n(3) In determining whether to make the support and engagement order, the court must have regard to—\n\n(a) whether endeavours to obtain informed consent in respect of voluntary case management of the respondent have previously failed; and\n\nNote to s. 22CO(3)(a) amended by No. 9/2025 s. 47.\n\nSee section 22BP.\n\n(b) whether such informed consent has been withdrawn; and\n\nSee section 22BX.\n\n(c) whether the respondent has otherwise previously declined or ceased to voluntarily engage with services and programs of the kind that a support and engagement plan can require a person to engage with; and\n\n(d) whether the respondent is likely to continue to be radicalised towards violent extremism if the order is not made; and\n\n(e) the frequency and seriousness of the behaviour in respect of which the court made a finding under section 22CI(2); and\n\n(f) whether the order is likely to have a significant adverse impact on the respondent; and\n\n(g) any other matters the court considers relevant.\n\nS. 22CP (Heading) amended by No. 2/2024 s. 33(1).\n\nS. 22CP inserted by No. 47/2021 s. 6.\n\n\t22CP Court may direct person to attend and give evidence\n\nS. 22CP(1) amended by No. 2/2024 s. 33(2).\n\n(1) The court may direct a person to attend at the hearing of an application for a support and engagement order and give evidence as to—\n\n(a) the report given under section 22CN(1)(a); and\n\n(b) the proposed support and engagement plan given under section 22CN(1)(b).\n\nS. 22CP(2) amended by No. 2/2024 s. 33(3).\n\n(2) Subject to subsections (3) and (4), a person who is given a direction under subsection (1) must comply with that direction.\n\nS. 22CP(3) amended by No. 2/2024 s. 33(4).\n\n(3) If the Secretary is given a direction under subsection (1), the Secretary may determine that a particular member of the CVE MAP is to attend and give evidence, in the Secretary's place, in response to that direction.\n\n(a) the direction under subsection (1) is to be taken to require the attendance of the member in respect of whom the determination is made instead of the Secretary; and\n\nS. 22CQ inserted by No. 47/2021 s. 6.\n\n\t22CQ How support and engagement order is to be made\n\n(1) In making a support and engagement order, the court must—\n\n(a) attach to the order the proposed support and engagement plan given to the court under section 22CN (with any variations that the court thinks fit); and\n\nThe support and engagement order requires that the person comply with it—see section 22AI(a).\n\n(b) specify in the order the period for which the order operates; and\n\n(c) specify in the order the days on which the Secretary is required to provide a report in respect of the order under section 22CV.\n\n(2) The period specified under subsection (1)(b)—\n\n(a) must not be so long that, at the end of that period, the total period during which the supported person will have been subject to a support and engagement order is 2 years or more; and\n\n(b) in any event, must not be longer than 1 year.\n\n(3) The total period referred to in subsection (2)(a) is to be calculated by adding together the lengths of the periods during which the respondent has been subject to support and engagement orders, irrespective of whether or not any of those periods were consecutive.\n\n(4) Nothing in this section requires that, if a court makes a support and engagement order for a supported person who is a child, the period specified under subsection (1)(b) must end on or before the day that the supported person turns 18.\n\nS. 22CR inserted by No. 47/2021 s. 6.\n\n\t22CR Court may attach further conditions on support and engagement order\n\n(1) The court may also, in accordance with subsection (2), attach a condition on the support and engagement order if the court considers that—\n\n(a) attaching the condition is an appropriate way to achieve a therapeutic purpose for the supported person; and\n\n(b) the condition is no more restrictive than is necessary to achieve that purpose.\n\n(2) In imposing a condition under subsection (1) on a support and engagement order for a supported person who is a child, the court must have regard to the child's age and vulnerability.\n\n(3) Without limiting subsection (1), the court may impose a condition that the supported person—\n\n(a) must notify a police officer, specified person, or person of a specified class if they plan to travel; and\n\n(b) must provide any of the following information to a police officer, specified person, or person of a specified class—\n\n(i) the supported person's phone number;\n\n(ii) the supported person's residential address;\n\n(iii) the supported person's postal address;\n\n(iv) other contact details; and\n\n(c) must notify a police officer, specified person, or person of a specified class of any changes to information of a kind described in paragraph (b); and\n\n(d) must not contact a specified person or a person of a specified class; and\n\n(e) must not access, disseminate or produce extremist material.\n\nS. 22CS inserted by No. 47/2021 s. 6.\n\n\t22CS Duration of support and engagement order\n\n(1) A support and engagement order—\n\n(a) commences on the day that the supported person is given the order; and\n\n(b) unless sooner revoked, ceases to operate at the end of the period specified in the order under section 22CQ(1)(b).\n\n(2) Subsection (1)(b) is subject to section 22DK.\n\nSection 22DK provides for a support and engagement order to continue to operate while an application for the extension of that order is yet to be determined.\n\nS. 22CT inserted by No. 47/2021 s. 6.\n\n\t22CT Copy of support and engagement order to be given\n\n(1) This section applies if a court makes a support and engagement order.\n\n(2) The court must arrange for a copy of the order to be given to—\n\n(3) If the supported person is a child, the court must arrange for a copy of the order to be given to a parent or guardian of the supported person.\n\nSubdivision 4—Compliance with support and engagement order\n\nS. 22CU inserted by No. 47/2021 s. 6.\n\n\t22CU Supported person must comply with support and engagement order made by Magistrates' Court\n\nA supported person who is subject to a support and engagement order that was made by the Magistrates' Court, and to whom that order has been given, must not contravene that order without a reasonable excuse.\n\nPenalty: 10 penalty units.\n\nS. 22CV inserted by No. 47/2021 s. 6.\n\n\t22CV Secretary must report on progress under support and engagement order\n\n(1) At the times specified in a support and engagement order under section 22CQ(1)(c), the Secretary must, within a reasonable time, file in the court a report on—\n\n(a) the supported person's compliance with, and progress under, the support and engagement order; and\n\n(b) any variations that the Secretary considers should be made to—\n\n(i) the support and engagement plan attached to the order; or\n\n(ii) the conditions attached to the order in accordance with section22CR.\n\n(2) For the purposes of subsection (1), the Secretary may direct the chairperson of the CVE MAP to give the Secretary advice that—\n\n(a) is prepared by the CVE MAP; and\n\n(b) sets out the CVE MAP's opinion on the matters with respect to which the Secretary is to report to the court under that subsection.\n\n(4) Nothing in this section prevents the Secretary from incorporating advice given under subsection (3) in the report given under subsection (1).\n\nS. 22CW inserted by No. 47/2021 s. 6.\n\n\t22CW Court may hold review hearing on receiving report\n\n(1) On receiving a report from the Secretary under section 22CV, the court may direct that a review hearing is to be held if, on the basis of the report, the court considers that—\n\n(a) the supported person may not be satisfactorily complying with or progressing under the support and engagement order; or\n\n(b) varying or extending the order, or varying the support and engagement plan attached to the order, may be an appropriate way to achieve a therapeutic purpose for the supported person; or\n\n(c) it may be appropriate to revoke the support and engagement order.\n\n(2) As soon as practicable after the court directs that a review hearing is to be held, the appropriate registrar must serve notice of the hearing, in accordance with Subdivision 9, on—\n\n(b) the Chief Commissioner of Police.\n\nS. 22CW(3) amended by No. 2/2024 s. 34(1).\n\n(3) The court may direct a person to attend at the review hearing and give evidence as to the supported person's compliance with, and progress under, the support and engagement order.\n\nS. 22CW(4) amended by No. 2/2024 s. 34(2).\n\n(4) Subject to subsections (5) and (6), a person who is given a direction under subsection (3) must comply with that direction.\n\nS. 22CW(5) amended by No. 2/2024 s. 34(3).\n\n(5) If the Secretary is given a direction under subsection (3), the Secretary may determine that a particular member of the CVE MAP is to attend and give evidence, in the Secretary's place, in response to that direction.\n\n(6) If the Secretary makes a determination under subsection (5)—\n\n(a) the direction under subsection (3) is to be taken to be directed to the member in respect of whom the determination is made instead of the Secretary; and\n\nS. 22CX inserted by No. 47/2021 s. 6.\n\n\t22CX Court must review conditions at review hearing\n\n(1) At a review hearing for a support and engagement order to which conditions were attached in accordance with section 22CR, the court must consider, for each condition, whether—\n\n(a) that condition remains an appropriate way to achieve a therapeutic purpose for the supported person; and\n\n(b) the condition is no more restrictive than is necessary to achieve that purpose.\n\n(2) If the court considers that a condition does not accord with subsection (1), the court must either—\n\n(a) vary the condition so that it does accord with that subsection; or\n\n(b) revoke the condition.\n\nS. 22CY inserted by No. 47/2021 s. 6.\n\n\t22CY Court may vary, extend or revoke support and engagement order at review hearing\n\n(1) At the review hearing, the court may do any of following things if satisfied that it is appropriate to do so in order to achieve a therapeutic purpose for the supported person—\n\n(a) vary the support and engagement order;\n\n(b) vary the support and engagement plan attached to the order;\n\n(c) extend the order.\n\n(2) Without limiting subsection (1)(a), the court may vary the support and engagement order by imposing a condition on it in accordance with section 22CR.\n\nSee section 22CX in relation to the review of conditions already attached to the order.\n\n(3) If the court decides to extend the support and engagement order, it is to do so by changing the period for which the order is to operate.\n\nSection 22CQ(1)(b) requires that this period be specified in the order.\n\n(4) The extension of a support and engagement order—\n\n(a) must not result in the period of the order exceeding 2 years; or\n\n(b) must not be so long that, at the end of the extended period, the total period during which the supported person will have been subject to a support and engagement order is 2 years or more.\n\nS. 22CY(5) amended by No. 2/2024 s. 41(8).\n\n(5) The total period referred to in subsection (4)(b) is to be calculated by adding together the lengths of the periods during which the respondent has been subject to support and engagement orders, irrespective of whether or not any of those periods were consecutive.\n\n(6) At the review hearing, the court may revoke the support and engagement order if—\n\n(a) the court—\n\n(i) finds, in accordance with section 22CI, that the supported person is no longer radicalising towards violent extremism; or\n\n(ii) is not satisfied that a support and engagement order remains an appropriate way to achieve a therapeutic purpose for the supported person; and\n\n(b) the court is satisfied that it is appropriate to revoke the order.\n\n(7) In considering whether to revoke the support and engagement order, the court must have regard to—\n\n(a) whether each of the following persons supports or opposes the proposed revocation, and the grounds on which they do so—\n\n(i) the supported person;\n\n(ii) the Chief Commissioner of Police;\n\n(iii) the Secretary; and\n\n(b) whether the order is an appropriate way to achieve a therapeutic purpose for the supported person; and\n\n(c) the protection of the community; and\n\n(d) any other factor that the court considers relevant.\n\nS. 22CZ inserted by No. 47/2021 s. 6.\n\n\t22CZ Copy of varied or extended order or plan to be given\n\n(1) This section applies if, at a review hearing, the court—\n\n(a) varies or extends the support and engagement order; or\n\n(b) varies the support and engagement plan attached to the order.\n\n(2) The court must arrange for a copy of the varied or extended order, or the varied plan, to be given to—\n\n(3) If the supported person is a child, the court must arrange for a copy of the varied or extended order, or the varied plan, to be given to a parent or guardian of the supported person.\n\nS. 22D inserted by No. 47/2021 s. 6.\n\n\t22D Commencement of variation\n\nA variation made under section 22CY to a support and engagement order or a support and engagement plan takes effect when the varied order or plan is given to the supported person.\n\nSubdivision 5—Variation of support and engagement order\n\nS. 22DA inserted by No. 47/2021 s. 6.\n\n\t22DA Application for variation of support and engagement order\n\nAn authorised police officer, or a supported person, may apply to the court for—\n\n(a) a variation of a support and engagement order (other than a variation that would extend the order); or\n\n(b) a variation of the support and engagement plan attached to the order.\n\nFor extension of a support and engagement order, see Subdivision 6.\n\nS. 22DB inserted by No. 47/2021 s. 6.\n\n\t22DB Form and content of application\n\nAn application under section 22DA must—\n\n(i) sets out the grounds on which the applicant considers that the order or plan should be varied; and\n\n(c) include the prescribed information.\n\nS. 22DC inserted by No. 47/2021 s. 6.\n\n\t22DC Service of application\n\n(1) As soon as practicable after a person makes an application under section 22DA, the person must—\n\n(a) serve notice of the application, in accordance with Subdivision 9, on—\n\n(i) if the application is made by an authorised police officer, the supported person; or\n\n(ii) if the application is made by the supported person, the Chief Commissioner of Police; and\n\n(2) Notice under subsection (1) must set out the grounds on which variation of the support and engagement order is sought.\n\nS. 22DD (Heading) amended by No. 2/2024 s. 35(1).\n\nS. 22DD inserted by No. 47/2021 s. 6.\n\n\t22DD Court may direct person to attend and give evidence\n\nS. 22DD(1) amended by No. 2/2024 s. 35(2).\n\n(1) The court may direct a person to attend at the hearing of an application under section 22DA and give evidence as to the supported person's compliance with, and progress under, the support and engagement order.\n\nS. 22DD(2) amended by No. 2/2024 s. 35(3).\n\n(2) Subject to subsections (3) and (4), a person who is given a direction under subsection (1) must comply with that direction.\n\nS. 22DD(3) amended by No. 2/2024 s. 35(4).\n\n(3) If the Secretary is given a direction under subsection (1), the Secretary may determine that a particular member of the CVE MAP is to attend and give evidence, in the Secretary's place, in response to that direction.\n\n(a) the direction under subsection (1) is to be taken to require the attendance of the member in respect of whom the determination is made instead of the Secretary; and\n\nS. 22DE inserted by No. 47/2021 s. 6.\n\n\t22DE Determination of application\n\n(1) On an application under section 22DA, the court may vary the support and engagement order, or the support and engagement plan attached to the order, if satisfied that it is an appropriate way to achieve a therapeutic purpose for the supported person.\n\nSection 22AK explains what it means to achieve a therapeutic purpose for a person.\n\n(2) Without limiting subsection (1), the court may vary the support and engagement order by imposing a condition in accordance with section 22CR.\n\n(3) If the application seeks the variation of one or more conditions that were attached in accordance with section 22CR, the court must consider, for each variation—\n\n(a) whether the condition as varied would be an appropriate way to achieve a therapeutic purpose for the supported person; and\n\n(b) whether the condition as varied would be no more restrictive than is necessary to achieve that purpose.\n\n(4) If the court considers that a variation sought in the application does not satisfy the criteria set out in subsection (3)(a) and (b), the court must either—\n\n(a) make a different variation that does accord with those criteria; or\n\n(b) decline to vary the condition.\n\n(5) If the application seeks the revocation of one or more conditions that were attached in accordance with section 22CR, the court must consider, for each revocation sought—\n\n(a) whether the condition remains an appropriate way to achieve a therapeutic purpose for the supported person; and\n\n(b) whether the condition is no more restrictive than is necessary to achieve that purpose.\n\n(6) If the court considers that a condition does not satisfy the criteria set out in subsection (5)(a) and (b), the court must revoke the condition.\n\nS. 22DF inserted by No. 47/2021 s. 6.\n\n\t22DF Copy of varied order or plan to be given\n\n(1) This section applies if a court varies a support and engagement order, or a support and engagement plan, under section 22DE.\n\n(2) The court must arrange for a copy of the varied order or plan to be given to—\n\n(3) If the supported person is a child, the court must arrange for a copy of the varied order or plan to be given to a parent or guardian of the supported person.\n\nS. 22DG inserted by No. 47/2021 s. 6.\n\n\t22DG Commencement of variation\n\nA variation made under section 22DE to a support and engagement order or a support and engagement plan takes effect when the varied order or plan is given to the supported person.\n\nSubdivision 6—Extension of support and engagement order\n\nS. 22DH inserted by No. 47/2021 s. 6.\n\n\t22DH Application for extension of support and engagement order\n\n(1) Subject to subsection (2), an authorised police officer may apply to the court for extension of a support and engagement order.\n\n(2) An application to extend a support and engagement order must not be made after the order has expired.\n\nS. 22DI inserted by No. 47/2021 s. 6.\n\n\t22DI Form and content of application\n\nAn application under section 22DH must—\n\n(i) sets out the grounds on which the applicant considers that the support and engagement order should be extended; and\n\n(c) specify the period for which the applicant wants the order to be extended; and\n\n(d) include the prescribed information.\n\nS. 22DJ inserted by No. 47/2021 s. 6.\n\n\t22DJ Service of application on supported person\n\n(1) As soon as practicable after an authorised police officer makes an application under section 22DH, the officer must—\n\n(a) serve notice of the application on the supported person in accordance with Subdivision 9; and\n\n(2) Notice under subsection (1) must—\n\n(a) set out the grounds on which the extension of the support and engagement order is sought; and\n\n(b) explain the effect of section 22DK.\n\nS. 22DK inserted by No. 47/2021 s. 6.\n\n\t22DK Order continues until application is determined\n\n(1) If the period of operation of a support and engagement order ends while an application to extend that order is pending, the order does not cease to have effect at the end of that period.\n\n(2) Despite subsection (1), if, on any day while an application is pending, the total period during which the supported person has been subject to a support and engagement order reaches 2 years—\n\n(a) the order ceases to have effect on that day; and\n\n(b) the application to extend the order is taken to have been refused on that day.\n\n(3) If, on or after the specified end date for a support and engagement order, the court refuses an application to extend the order, the order ceases to operate on and after the day on which the application is refused.\n\n(4) For the purposes of this section—\n\n(a) an application to extend a support and engagement order is ***pending*** if the application has been made but has not yet been determined; and\n\n(b) the ***specified end date*** for a support and engagement order is the day that is the end of the period specified in the order under section 22CQ(1)(b).\n\nS. 22DL inserted by No. 47/2021 s. 6.\n\n\t22DL Secretary to file report and revised support and engagement plan\n\n(1) On receiving, under section 22DJ(1)(b), a copy of an application for the extension of a support and engagement order, the Secretary must, within a reasonable time, file in the court a report that—\n\n(a) details the supported person's compliance with, and progress under, the support and engagement order; and\n\n(b) if the Secretary considers that a new support and engagement plan ought to be attached to the order, is accompanied by a proposed new plan that the Secretary considers would be an appropriate way of achieving a therapeutic purpose for the respondent.\n\n(2) For the purposes of subsection (1), the Secretary may direct the chairperson of the CVE MAP to give the Secretary advice that—\n\n(a) is prepared by the CVE MAP; and\n\n(b) sets out the CVE MAP's opinion on the supported person's compliance with, and progress under, the support and engagement plan; and\n\n(c) if the CVE MAP is of the opinion that a new support and engagement plan ought to be attached to the order, is accompanied by a proposed new plan that the CVE MAP considers would be an appropriate way of achieving a therapeutic purpose for the supported person.\n\n(4) Nothing in this section—\n\n(a) prevents the Secretary from—\n\n(i) relying on the CVE MAP's opinion described in subsection (2)(b) for the purposes of subsection (1)(a); or\n\n(ii) incorporating that advice in the report given under subsection (1); or\n\n(b) prevents the Secretary from adopting a proposed new support and engagement plan given under subsection (3) as the plan the Secretary may give under subsection (1)(b).\n\nS. 22DM (Heading) amended by No. 2/2024 s. 36(1).\n\nS. 22DM inserted by No. 47/2021 s. 6.\n\n\t22DM Court may direct person to attend and give evidence\n\nS. 22DM(1) amended by No. 2/2024 s. 36(2).\n\n(1) The court may direct a person to attend at the hearing of an application under section 22DH and give evidence as to the supported person's compliance with, and progress under, the support and engagement plan.\n\nS. 22DM(2) amended by No. 2/2024 s. 36(3).\n\n(2) Subject to subsections (3) and (4), a person who is given a direction under subsection (1) must comply with that direction.\n\nS. 22DM(3) amended by No. 2/2024 s. 36(4).\n\n(3) If the Secretary is given a direction under subsection (1), the Secretary may determine that a particular member of the CVE MAP is to attend and give evidence, in the Secretary's place, in response to that direction.\n\n(a) the direction under subsection (1) is to be taken to require the attendance of the member in respect of whom the determination is made instead of the Secretary; and\n\nS. 22DN inserted by No. 47/2021 s. 6.\n\n\t22DN Determination of application\n\n(1) On an application under section 22DH, the court may extend the support and engagement order in accordance with this section if—\n\n(a) the court finds, in accordance with section 22CI, that the supported person is still radicalising towards violent extremism; and\n\n(b) the court is satisfied that extending the order is an appropriate way to achieve a therapeutic purpose for the supported person.\n\n(2) Otherwise, the court must refuse the application.\n\nS. 22DO inserted by No. 47/2021 s. 6.\n\n\t22DO Determination of application—how period to be extended\n\n(1) A court that grants an application under section 22DH to extend a support and engagement order is to do so by varying the period for which the order is to operate.\n\nSection 22CQ(1)(b) requires that this period be specified in the order.\n\n(2) The extension of a support and engagement order—\n\n(a) must not result in the period of the order exceeding 2 years; or\n\n(b) must not be so long that, at the end of the extended period, the total period during which the supported person will have been subject to a support and engagement order is 2 years or more.\n\n(3) The total period referred to in subsection (2)(b) is to be calculated by adding together the length of the extended period, and the lengths of the other periods during which the respondent has been subject to support and engagement orders, irrespective of whether or not any of those other periods were consecutive.\n\n(4) Nothing in this section requires that, if a court extends a support and engagement order for a supported person who is a child, the period as extended must end on or before the day that the supported person turns 18.\n\nS. 22DP inserted by No. 47/2021 s. 6.\n\n\t22DP Determination of application—attachment of new support and engagement plan\n\nIf—\n\n(a) on an application under section 22DH, the court decides to extend a support and engagement order; and\n\n(b) under section 22DL(1), the Secretary gave the court a proposed new support and engagement plan in respect of that application—\n\nthe court may attach to the order, in place of the previous support and engagement plan, the new plan given by the Secretary (with any modifications that the court thinks fit).\n\nS. 22DQ inserted by No. 47/2021 s. 6.\n\n\t22DQ Copy of extended order to be given\n\n(1) This section applies if a court extends a support and engagement order under section 22DN.\n\n(2) The court must arrange for a copy of the extended order to be given to—\n\n(3) If the supported person is a child, the court must arrange for a copy of the extended order to be given to a parent or guardian of the supported person.\n\nSubdivision 7—Revocation of support and engagement order\n\nS. 22DR inserted by No. 47/2021 s. 6.\n\n\t22DR Application for revocation of support and engagement order\n\nAn authorised police officer, or a supported person, may apply to the court for revocation of a support and engagement order.\n\nS. 22DS inserted by No. 47/2021 s. 6.\n\n\t22DS Form and content of application\n\nAn application under section 22DR must—\n\n(i) sets out the grounds on which the applicant considers that the support and engagement order should be revoked; and\n\n(c) include the prescribed information.\n\nS. 22DT inserted by No. 47/2021 s. 6.\n\n\t22DT Service of application\n\n(1) As soon as practicable after a person makes an application under section 22DR, the person must—\n\n(a) serve notice of the application, in accordance with Subdivision 9, on—\n\n(i) if the application is made by an authorised police officer, the supported person; or\n\n(ii) if the application is made by the supported person, the Chief Commissioner of Police; and\n\n(2) Notice under subsection (1) must set out the grounds on which revocation of the support and engagement order is sought.\n\nS. 22DU (Heading) amended by No. 2/2024 s. 37(1).\n\nS. 22DU inserted by No. 47/2021 s. 6.\n\n\t22DU Court may direct person to attend and give evidence\n\nS. 22DU(1) amended by No. 2/2024 s. 37(2).\n\n(1) The court may direct a person to attend at the hearing of an application under section 22DR and give evidence as to the supported person's compliance with, and progress under, the support and engagement order.\n\nS. 22DU(2) amended by No. 2/2024 s. 37(3).\n\n(2) Subject to subsections (3) and (4), a person who is given a direction under subsection (1) must comply with that direction.\n\nS. 22DU(3) amended by No. 2/2024 s. 37(4).\n\n(3) If the Secretary is given a direction under subsection (1), the Secretary may determine that a particular member of the CVE MAP is to attend and give evidence, in the Secretary's place, in response to that direction.\n\n(a) the direction under subsection (1) is to be taken to require the attendance of the member in respect of whom the determination is made instead of the Secretary; and\n\nS. 22DV inserted by No. 47/2021 s. 6.\n\n\t22DV Determination of application\n\n(1) On an application under section 22DR, the court must revoke the support and engagement order to which the application relates if both the applicant and—\n\n(a) if the applicant is an authorised police officer, the supported person; or\n\n(b) if the applicant is the supported person, the Chief Commissioner of Police—\n\nagree that the order should be revoked.\n\n(2) If there is no such agreement, the court may revoke the support and engagement order if—\n\n(a) the court—\n\n(i) finds, in accordance with section 22CI, that the supported person is no longer radicalising towards violent extremism; or\n\n(ii) is not satisfied that a support and engagement order remains an appropriate way to achieve a therapeutic purpose for the supported person; and\n\n(b) the court is satisfied that it is appropriate to revoke the order.\n\n(3) In considering whether to revoke the support and engagement order under subsection (2), the court must have regard to—\n\n(a) the grounds on which the applicant considers that the support and engagement order should be revoked; and\n\n(b) the grounds on which the respondent opposes revocation; and\n\n(c) whether the order remains an appropriate way to achieve a therapeutic purpose for the supported person; and\n\n(d) the protection of the community.\n\nS. 22DW inserted by No. 47/2021 s. 6.\n\n\t22DW Notice of revocation to be given\n\n(1) This section applies if a court revokes a support and engagement order.\n\n(2) The court must arrange for a written notice of the revocation to be given to—\n\n(a) the former supported person; and\n\n(3) If the former supported person is a child, the court must arrange for a written notice of the revocation to be given to a parent or guardian of the former supported person.\n\n***former supported person*** means the person who was a supported person under the support and engagement order before it was revoked.\n\nSubdivision 8—Appeals\n\nS. 22DX inserted by No. 47/2021 s. 6.\n\n\t22DX Application of Magistrates' Court Act 1989 and Children, Youth and Families Act 2005\n\n(1) If the Magistrates' Court makes an order specified in subsection (3), that order is a final order for the purposes of section 109 of the **Magistrates' Court Act 1989**.\n\n(2) If the Children's Court makes an order specified in subsection (3), that order is a final order for the purposes of section 329 of the **Children, Youth and Families Act 2005**.\n\n(3) The specified orders are the following—\n\n(a) an order made on an application under section 22CK (including a support and engagement order and an order refusing the application);\n\n(b) an order doing any of the following things at an SEO review hearing—\n\n(i) varying a support and engagement order;\n\n(ii) varying a support and engagement plan;\n\n(iii) extending a support and engagement order;\n\n(iv) revoking a support and engagement order;\n\n(c) an order made on an application under section 22DA (including an order refusing the application);\n\n(d) an order made on an application under section 22DH (including an order refusing the application);\n\n(e) an order made on an application under section 22DR (including an order refusing the application) other than an order made as required by section 22DV(1).\n\nSubdivision 9—Service\n\nS. 22DY inserted by No. 47/2021 s. 6.\n\n\t22DY Service of documents\n\n(1) If, by or under this Division, a person is required to serve notice of an application or a hearing on another person, the notice is required to be served by doing any of the following things, or causing any of them to be done—\n\n(a) posting, not less than 14 days before the hearing date stated in the notice, a copy of the document addressed to that person at their last known place of residence or business;\n\n(b) delivering, not less than 5 days before the hearing date stated in the notice, a copy of the document to that person personally;\n\n(c) leaving, not less than 5 days before the hearing date stated in the notice, a copy of the document at that person's last known place of residence or business with a person who apparently—\n\n(i) resides or works there; and\n\n(ii) is not less than 16 years of age;\n\n(d) delivering, not less than 5 days before the hearing date stated in the notice, a copy of the document to that person by means of an electronic communication that is confirmed as having been received by that person;\n\n(e) sending by registered post, not less than 14 days before the hearing date stated in the notice, a copy of the document, addressed to the person's authorised legal representative, to that representative's place of business;\n\n(f) leaving, not less than 5 days before the hearing date stated in the notice, a copy of the document at that person's authorised legal representative's place of business with a person who apparently—\n\n(i) resides or works there; and\n\n(ii) is not less than 16 years of age;\n\n(g) delivering, not less than 5 days before the hearing date stated in the notice, a copy of the document, addressed to that person's authorised legal representative, to the representative personally;\n\n(h) delivering, not less than 5 days before the hearing date stated in the notice, a copy of the document to that person's authorised legal representative by means of an electronic communication that is confirmed as having been received by the representative.\n\n(a) by or under this Division a person is required to serve a document; and\n\n(b) the service of the document relates to a proceeding in a court; and\n\n(c) it appears to the court, by evidence on oath or by affirmation, whether given orally or by affidavit, that service cannot be promptly effected—\n\nthe court may make an order for substituted service.\n\n(3) In this section—\n\n***authorised legal representative*** of a person means a legal representative of the person who has been instructed by the person to accept service on the person's behalf.\n\nS. 22DZ inserted by No. 47/2021 s. 6.\n\n\t22DZ Additional notice to be served regarding children\n\n(1) A notice—\n\n(a) that a person is required, by or under this Division, to serve; and\n\n(b) that is required to be served—\n\n(i) on a child; or\n\n(ii) on another person because that person is a parent or guardian; and\n\n(c) that states that the person on whom it is served is required to attend court—\n\nmust, when served, be accompanied by a notice that complies with subsection (2).\n\n(2) A notice complies with this section if it—\n\n(a) states that the child to whom the document relates is required to be legally represented; and\n\n(b) explains the desirability of obtaining legal representation; and\n\n(c) explains how legal representation may be obtained.\n\nS. 22E inserted by No. 47/2021 s. 6.\n\n\t22E Proof of service\n\n(1) Service of a notice in accordance with this Division may be proved by—\n\n(a) evidence on oath or by affirmation; or\n\n(b) affidavit; or\n\n(c) statutory declaration.\n\n(2) Evidence of service must identify the notice served and state—\n\n(a) the person upon whom service was effected; and\n\n(b) the time at which service was effected; and\n\n(c) the manner in which service was effected.\n\n(3) A notice purporting to be an affidavit or statutory declaration under subsection (1)(b) or (1)(c) is admissible in evidence and, in the absence of evidence to the contrary, is proof of the matters stated in it.\n\nS. 22EA inserted by No. 47/2021 s. 6.\n\n\t22EA Inability to serve\n\n(a) a person is required under this Division to serve a document; and\n\n(b) it has not been possible to serve the document—\n\nthe person must file with the court a certificate about why it has not been possible to serve the document.\n\n(2) The certificate must—\n\n(a) include the prescribed information; and\n\n(b) be accompanied by the prescribed documents.\n\n(3) A certificate under this section is admissible in evidence and, in the absence of evidence to the contrary, is proof of the matters stated in it.\n\nSubdivision 10—Restrictions on publication of proceedings\n\nS. 22EB inserted by No. 47/2021 s. 6.\n\n\t22EB Restriction on publication of proceeding\n\n(1) This section applies to—\n\n(a) a proceeding—\n\n(i) on an application under this Division; or\n\n(ii) on an SEO review hearing—\n\nwhether in the Magistrates' Court or the Children's Court; and\n\n(b) a proceeding for an offence against section 22CU.\n\n(2) A person must not publish, or cause to be published, a report of the proceeding or about the support and engagement order that contains any of the following things, unless the court orders under section 22EE that the publication is permitted—\n\n(a) any particulars likely to lead to the identification of—\n\n(i) the supported person; or\n\n(ii) any other party to the proceeding; or\n\n(iii) any person who gives evidence in the proceeding;\n\n(b) if the supported person or any other person involved in the proceeding is a child, the locality or any particulars likely to lead to the identification of the particular venue of the court;\n\n(c) a picture of or including—\n\n(i) the supported person; or\n\n(ii) any other party to the proceeding; or\n\n(iii) any person who gives evidence in the proceeding.\n\nPenalty: In the case of a natural person, 100 penalty units or 2 years imprisonment or both;\n\nIn the case of a body corporate, 500 penalty units.\n\nS. 22EC inserted by No. 47/2021 s. 6.\n\n\t22EC Restriction does not affect information sharing\n\nSection 22EB(2) does not prevent a disclosure that is made in accordance with Division 6.\n\nS. 22ED inserted by No. 47/2021 s. 6.\n\n\t22ED Identifying particulars\n\nFor the purposes of this Division, the particulars likely to lead to the identification of a person include, but are not limited to, the following—\n\n(a) the person's name, title, pseudonym or alias;\n\n(b) the address of any premises at which the person lives or works, or the locality in which the premises are situated;\n\n(c) the address of a school attended by the person or the locality in which the school is situated;\n\n(d) a physical description of the person;\n\n(e) the person's style of dress;\n\n(f) any employment or occupation engaged in by the person;\n\n(g) any profession practised, or calling pursued, by the person;\n\n(h) any official or honorary position held by the person;\n\n(i) the relationship of the person to identified relatives of the person or the association of the person with identified friends;\n\n(j) identified business, official or professional acquaintances of the person;\n\n(k) the person's recreational interests;\n\n(l) the person's political, philosophical or religious beliefs or interests;\n\n(m) any real or personal property in which the person has an interest or with which the person is associated.\n\nS. 22EE inserted by No. 47/2021 s. 6.\n\n\t22EE Court may permit publication\n\n(1) The court may make an order permitting the publication of a locality, particulars or picture only if—\n\n(a) the court reasonably considers it is in the public interest to allow the publication of the locality, particulars or picture; and\n\n(b) the court reasonably considers it is just to allow the publication in the circumstances.\n\n(2) The court must not make an order allowing a publication where to do so would allow a publication contrary to Part 5 or any order made under Part 5.\n\nSee section 36.\n\nSubdivision 11—Legal advice and representation\n\nS. 22EF inserted by No. 47/2021 s. 6.\n\n\t22EF Adjournment to seek legal advice\n\n(1) This section applies in relation to the following hearings in the Magistrates' Court—\n\n(a) the hearing of an application for a support and engagement order;\n\n(b) the hearing of an application for the variation, extension or revocation of a support and engagement order;\n\n(c) an SEO review hearing;\n\n(d) a hearing in a proceeding for an offence against section 22CU.\n\n(2) If the relevant adult is not legally represented at the hearing, the Magistrates' Court may, on its own initiative or on the application of a party at the hearing, adjourn the hearing to give the adult a reasonable opportunity to obtain legal advice.\n\n(3) The Magistrates' Court may resume the proceeding if it is satisfied that the relevant adult has had a reasonable opportunity to obtain legal advice, whether or not that advice has been obtained.\n\n***relevant adult*** means—\n\n(a) for the hearing of an application for a support and engagement order, the respondent to that application; or\n\n(b) for the hearing of an application for the variation, extension or revocation of a support and engagement order, the supported person; or\n\n(c) for an SEO review hearing, the supported person; or\n\n(d) for a hearing in a proceeding for an offence against section 22CU, the accused.\n\nS. 22EG inserted by No. 47/2021 s. 6.\n\n\t22EG Respondent or supported person must be represented in Children's Court\n\n(1) This section applies in relation to the following hearings in the Children's Court—\n\n(a) the hearing of an application for a support and engagement order;\n\n(b) the hearing of an application for the variation, extension or revocation of a support and engagement order;\n\n(c) an SEO review hearing.\n\n(2) If the relevant person is not legally represented at the hearing, the Children's Court must adjourn the hearing to enable the relevant person to obtain legal representation.\n\n(3) The Children's Court may resume the proceeding if it is satisfied that the relevant person has had a reasonable opportunity to obtain legal representation, whether or not the relevant person is legally represented.\n\n(4) A legal practitioner representing the relevant person at the hearing must act in accordance with any instructions given or wishes expressed by the relevant person so far as it is practicable to do so having regard to the maturity of the relevant person.\n\n***relevant person*** means—\n\n(a) for the hearing of an application for a support and engagement order, the respondent to that application; or\n\n(b) for the hearing of an application for the variation, extension or revocation of a support and engagement order, the supported person; or\n\n(c) for an SEO review hearing, the supported person.\n\nDivision 6—Information sharing\n\nS. 22EH inserted by No. 47/2021 s. 6.\n\n\t22EH Objects of Division\n\nThe objects of this Division are—\n\n(a) to provide a scheme that enables authorised disclosers to collect, use and disclose to each other certain information about—\n\n(i) referred persons; and\n\n(ii) prospective participants; and\n\n(iii) participants; and\n\n(iv) respondents to applications for support and engagement orders; and\n\n(v) supported persons; and\n\n(b) to specify the purposes for which that information may be requested and disclosed; and\n\n(c) to specify some of the kinds of information that may be requested and disclosed; and\n\n(d) to permit authorised disclosers to disclose information for other purposes in exceptional circumstances; and\n\n(e) to specify the circumstances in which that information must not be disclosed; and\n\n(f) to regulate the way this information is handled by authorised disclosers.\n\nS. 22EHA inserted by No. 2/2024 s. 39.\n\n\t22EHA Definitions\n\nIn this Division—\n\n***access***, in relation to information, has the meaning given by section 22EJ(2);\n\n***authorised discloser*** has the meaning given by section 22EJ(1);\n\n***central contact*** means a person appointed under section 22ERA;\n\n***home entity*** has the meaning given by section 22EJ(1);\n\n***prohibited***, in relation to the disclosure of information, has the meaning given by section 22EK;\n\n***purpose that is authorised*** has the meaning given by section 22EM;\n\n***relevant person*** has the meaning given by section 22EM.\n\nS. 22EI inserted by No. 47/2021 s. 6.\n\n\t22EI Information *about* a person\n\nA reference in this Division to information that is ***about*** a person includes—\n\n(a) that person's health information within the meaning of the **Health Records Act 2001**; and\n\n(b) a protection report within the meaning of the **Children, Youth and Families Act 2005** in respect of the person; and\n\n(c) a school enrolment notice or a school attendance notice (within the meaning of the **Education and Training Reform Act 2006**) in respect of the person; and\n\n(d) information relating to—\n\n(i) the person being suspended or expelled from a school; or\n\n(ii) the person being refused admission to or continued enrolment in a Government school; or\n\n(iii) an investigation under section 2.5.12 of the **Education and Training Reform Act 2006** in respect of the person; and\n\n(e) the person's criminal record and information about the person's criminal history; and\n\n(f) information produced or held by Victoria Police that relates to the person engaging voluntarily with Victoria Police in relation to the person radicalising towards violent extremism; and\n\nS. 22EI(g) amended by No. 2/2024 s. 41(7).\n\n(g) an order made in respect of the person under Chapter 4 of the **Mental Health and Wellbeing Act 2022**; and\n\n(h) information produced for the purpose of referring the person to the provider of a health service or a social service; and\n\n(i) a report produced under Division 3 or 4 in respect of the person; and\n\n(j) personal information (within the meaning of the **Privacy and Data Protection Act 2014**) about the person; and\n\n(k) sensitive information (within the meaning of Schedule 1 to the **Privacy and Data Protection Act 2014**) about the person; and\n\n(l) a unique identifier (within the meaning of Schedule 1 to the **Privacy and Data Protection Act 2014**) assigned to the person.\n\nS. 22EJ inserted by No. 47/2021 s. 6.\n\n\t22EJ *Authorised disclosers* and *access* to information\n\n(1) For the purposes of this Division—\n\n(a) each person specified in Column 2 of the following Table is an ***authorised discloser***; and\n\n(b) if an entity is specified in Column 3 of the following Table opposite an authorised discloser, that entity is the ***home entity*** for that discloser.\n\nS. 22EJ(1) (Table) amended by No. 2/2024 ss 18, 19, 26.\n\n| *Column 1*<br>*Item* | *Column 2*<br>*Authorised discloser* | *Column 3*<br>*Home entity* |\n| 1 | The Secretary | The Department of Justice and Community Safety |\n| 2 | A person to whom the Secretary has delegated a power, duty or function under section 22AO | (a) If the person is employed under Part 3 of the **Public Administration Act 2004**, the public service body (within the meaning of that Act) within which the person is employed; or<br>(b) If the person is a police officer, Victoria Police; or<br>(c) The entity specified in the instrument of delegation under section 22AO(3) |\n| 2A | A person to whom the Secretary has delegated a power, duty or function under section 22AQ | If the person is employed in the Department of Justice and Community Safety under Part 3 of the **Public Administration Act 2004**, that Department |\n| 3 | A member of the CVE MAP appointed under section 22AT | The Department of Justice and Community Safety |\n| 4 | A member of the CVE MAP appointed under section 22AU following a nomination by the Chief Commissioner of Police | Victoria Police |\n| 5 | A member of the CVE MAP appointed under section 22AU following a nomination by a Department Head | The Department of that Department Head |\n| 6 | A member of the CVE MAP appointed under section 22AU following a nomination by an Administrative Office Head | The Administrative Office of that Administrative Office Head |\n| 7 | A member of the CVE MAP appointed under section 22AU following a nomination by the Commissioner for Corrections | The Department of Justice and Community Safety |\n| 8 | A member of the CVE MAP appointed under section 22AV | The entity specified in the member's instrument of appointment under section 22AV(2) |\n| 8A | A representative appointed by a member of the CVE MAP under section 22BDA | That member's home entity |\n| 8B | A central contact appointed by a member of the CVE MAP under section 22ERA | That member's home entity |\n| 9 | A person prescribed, or belonging to a class prescribed, with respect to an information sharing entity | The information sharing entity |\n| 10 | A person referred to in section 22AE(1)(a) or (b) (meaning of ***program provider***) | If the person provides a service, or administers a program, as described in that provision in the course of their engagement (whether as an employee, a volunteer or otherwise) by another entity, that entity |\n| 11 | A person referred to in section 22AE(1)(c) (meaning of ***program provider***) | The entity described in that provision |\n\n(2) For the purposes of this Division, an authorised discloser has ***access*** to information if—\n\n(a) that information is held or kept by, or is under the control of, the discloser; or\n\n(b) if the discloser has a home entity, that information—\n\n(i) is held or kept by or in, or is under the control of, the discloser's home entity; and\n\n(ii) is information that the discloser is authorised to receive from the home entity.\n\nS. 22EK (Heading) amended by No. 2/2024 s. 40(1).\n\nS. 22EK inserted by No. 47/2021 s. 6.\n\n\t22EK When is the disclosure of information *prohibited*?\n\nS. 22EK(1) amended by No. 2/2024 s. 40(2).\n\n(1) For the purposes of this Division, the disclosure of information is ***prohibited*** if it would be reasonably likely to—\n\n(a) prejudice—\n\n(i) the investigation of a contravention or possible contravention of the law; or\n\n(ii) the enforcement or proper administration of the law in a particular instance; or\n\n(iii) a coronial inquest or inquiry; or\n\n(iv) the fair trial of a person or the impartial adjudication of a particular case; or\n\n(b) identify, or enable a person to ascertain the identity of, a confidential source of information in relation to the enforcement or administration of the law; or\n\n(c) contravene a court order; or\n\n(d) disclose methods or procedures for preventing, detecting, investigating or dealing with matters arising out of, contraventions or evasions of the law the disclosure of which would, or would be reasonably likely to, prejudice the effectiveness of those methods or procedures; or\n\n(e) endanger the lives or physical safety of persons engaged in or in connection with law enforcement or persons who have provided confidential information in relation to the enforcement or administration of the law.\n\n(2) Additionally, the disclosure of information is also ***prohibited*** for the purposes of this Division if the information would be privileged from production in legal proceedings on the ground of legal professional privilege or client legal privilege.\n\nS. 22EL inserted by No. 47/2021 s. 6.\n\n\t22EL Information need not be disclosed or requested in writing\n\nThe disclosure or requesting of information under this Division does not need to be done in writing.\n\nS. 22EM inserted by No. 47/2021 s. 6.\n\n\t22EM Relevant persons and authorised purposes\n\nFor the purposes of this Division—\n\n(a) each person specified in Column 2 of the following Table is a ***relevant person***; and\n\n(b) each purpose set out in Column 3 opposite that person is a ***purpose that is authorised*** in respect of that person.\n\nS. 22EM (Table) amended by Nos 2/2024 s. 38, 9/2025 s. 48.\n\n| *Column 1*<br>*Item* | *Column 2*<br>*Relevant persons* | *Column 3*<br>*Authorised purposes* |\n| 1 | A referred person | (a) The purpose of facilitating the preparation of advice about the referred person requested by the Secretary under section 22BEA<br>(b) The purpose of informing the decision of whether or not to accept the referral under section 22BJ |\n| 2 | A prospective participant | (a) The purpose of facilitating the preparation of advice requested by the Secretary under section 22BEA about consent to be given in relation to the prospective participant<br> * * * |\n| 3 | A participant | (a) The purpose of facilitating the coordination of, and ensuring appropriate provision of, the services and programs with which the participant is to engage under the voluntary case management plan that applies to them<br>(b) The purpose of facilitating the monitoring under sections 22BEA(3) and 22BS(3) that is to occur in respect of the voluntary case management plan that applies to the participant<br>(c) The purpose of facilitating a review under section 22BT(1) in respect of the voluntary case management plan that applies to the participant |\n|  |  |  |\n|  |  |  |\n|  |  | (d) The purpose of facilitating the preparation of advice requested by the Secretary under section 22BEA for a review in respect of the voluntary case management plan that applies to the participant<br>(e) The purpose of facilitating the preparation of advice requested by the Secretary under section 22BEA about the voluntary case management plan that applies to the participant<br>(f) The purpose of informing decisions regarding the variation, under section 22BV, of the voluntary case management plan that applies to the participant<br>(g) The purpose of facilitating the preparation of advice requested by the Secretary under section 22BEA about the revocation of the voluntary case management plan that applies to the participant<br>(h) The purpose of informing decisions regarding the revocation, under section 22CA, of the voluntary case management plan that applies to the participant |\n| 3A | A key person in relation to a participant | (a) The purpose of preparing a case management plan under section 22BRA<br>(b) The purpose of facilitating the preparation of advice requested by the Secretary under section 22BEA<br>(c) The purpose of informing decisions about the services and programs the key person is to engage in under the participant's voluntary case management plan |\n| 4 | A respondent to an application for a support and engagement order | (a) The purpose of facilitating the preparation of a report and a proposed support and engagement plan to be filed in the court under section 22CN(1) in respect of the respondent<br>(b) The purpose of facilitating the preparation of advice and a proposed support and engagement plan given under section 22CN(3) in respect of the respondent |\n| 5 | A supported person | (a) The purpose of facilitating the coordination of, and ensuring appropriate provision of, the services and programs with which the supported person is to engage under the support and engagement plan attached to person's support and engagement order<br>(b) The purpose of keeping the members of the CVE MAP informed regarding the supported person's compliance with, and progress under, the support and engagement order<br>(c) The purpose of facilitating the members of the CVE MAP to ascertain whether there are reasons to vary the support and engagement order<br>(d) The purpose of facilitating the preparation of reports to be filed in the court under section 22CV(1) in respect of the supported person<br>(e) The purpose of facilitating the preparation of advice given under section 22CV(3) in respect of the supported person<br>(f) The purpose of informing a person who is required to give evidence under section 22CP, 22CW, 22DD, 22DM or 22DU so that the person can give evidence when required to do so<br>(g) The purpose of facilitating the preparation of a report to be filed in the court under section 22DL(1) (including any proposed new support and engagement plan) in respect of the supported person<br>(h) The purpose of facilitating the preparation of advice given under section 22DL(3) in respect of the supported person |\n\nSubdivision 2—Information sharing\n\nS. 22EN inserted by No. 47/2021 s. 6.\n\n\t22EN Authorised discloser may require information from another authorised discloser\n\n(1) An authorised discloser may request that another authorised discloser disclose to them information that is about a relevant person, and to which that other discloser has access, for a purpose that is authorised in respect of the relevant person.\n\nNote to s. 22EN(1) inserted by No. 2/2024 s. 20(1).\n\nSection 22ERD(1) prohibits a central contact from making (but not receiving or complying with) a request under this provision.\n\n(2) An authorised discloser who makes a request under subsection (1) may disclose information that is about a relevant person to the discloser to whom the request is made for the purpose of enabling or facilitating the identification and provision of the requested information.\n\n(3) An authorised discloser to whom a request is made must comply with that request.\n\nNotes to s. 22EN(3) inserted by No. 2/2024 s. 20(2).\n\n1 If the request is made by a member of the CVE MAP, the authorised discloser may disclose the information to that member's central contact instead—see section 22ERC.\n\n2 If the authorised discloser is a member of the CVE MAP, the member may arrange for their central contact to make the disclosure—see section 22ERB.\n\nS. 22EN(4) amended by No. 2/2024 s. 40(3).\n\n(4) However, in disclosing information under subsection (2) or (3), an authorised discloser must not disclose information if doing so is prohibited by section 22EK.\n\n(5) Despite anything in another provision of this section, a person who is an authorised discloser because they are a program provider must not—\n\n(a) make a request under subsection (1) for information about a relevant person; or\n\n(b) comply with a request under subsection (1) for information about a relevant person—\n\nunless they are a program provider in respect of that relevant person.\n\nSection 22AE sets out when a program provider is a program provider in respect of a relevant person.\n\nS. 22EO inserted by No. 47/2021 s. 6.\n\n\t22EO Authorised discloser may disclose without request\n\n(1) An authorised discloser may disclose information that is about a relevant person, and to which the discloser has access, to another authorised discloser for a purpose that is authorised in respect of that person.\n\nNotes to s. 22EO(1) inserted by No. 2/2024 s. 21.\n\n1 Section 22ERD(2) prohibits a central contact from disclosing information under this provision.\n\n2 However, section 22ERB permits a central contact to make the disclosure if the member of the CVE MAP who appointed that central contact arranges for the central contact to do so.\n\nS. 22EO(2) amended by No. 2/2024 s. 40(4).\n\n(2) However, in disclosing information under subsection (1), an authorised discloser must not disclose information if doing so is prohibited by section 22EK.\n\n(3) Despite anything in subsection (1), a person who is an authorised discloser because they are a program provider must not disclose information about a relevant person under subsection (1) unless they are a program provider in respect of that relevant person.\n\nSection 22AE sets out when a program provider is a program provider in respect of a relevant person.\n\nS. 22EP inserted by No. 47/2021 s. 6.\n\n\t22EP Authorised discloser may disclose other than for an authorised purpose\n\n(1) An authorised discloser may disclose information that is about a relevant person, and to which that discloser has access, to the Chief Commissioner of Police and the Secretary for a purpose that is not authorised in respect of that person if the discloser reasonably believes that the disclosure of that information is necessary—\n\n(a) to lessen a threat to the life, health, safety or welfare of any person; or\n\n(b) to prevent the commission of an offence under this Act or Chapter 5 of the Criminal Code of the Commonwealth.\n\nNotes to s. 22EP(1) inserted by No. 2/2024 s. 22.\n\n1 Section 22ERD(3) prohibits a central contact from disclosing information under this provision.\n\n2 However, section 22ERB permits a central contact to make the disclosure if the member of the CVE MAP who appointed that central contact arranges for the central contact to do so.\n\n(2) However, in disclosing information under subsection (1), an authorised discloser must not disclose information if doing so is prohibited by section 22EK.\n\nS. 22EQ (Heading) amended by No. 9/2025 s. 49(1).\n\nS. 22EQ inserted by No. 47/2021 s. 6.\n\n\t22EQ Secretary or member of CVE MAP may require information from providers of previous services and programs\n\n(1) This section applies in relation to a person (the ***relevant person***) who is—\n\n(a) a referred person; or\n\n(b) a prospective participant; or\n\nS. 22EQ(1)(ba) inserted by No. 9/2025 s. 49(2).\n\n(ba) a participant; or\n\n(c) the respondent to an application for a support and engagement order.\n\nS. 22EQ(2) substituted by No. 9/2025 s. 49(3).\n\n(2) The Secretary may request that another person specified in subsection (3) disclose to the Secretary, for a purpose specified in subsection (5), information—\n\n(a) that is about a relevant person who is—\n\n(i) a prospective participant; or\n\n(ii) a participant; and\n\n(b) to which that other person has access.\n\nS. 22EQ(2A) inserted by No. 9/2025 s. 49(3).\n\n(2A) A member of the CVE MAP may request that another person specified in subsection (3) disclose to the member, for a purpose specified in subsection (5A), information—\n\n(a) that is about a relevant person; and\n\n(b) to which that other person has access.\n\n(3) The request may be made to a person who—\n\n(a) has provided the relevant person with a service of a kind described in subsection (4); or\n\n(b) has administered a program of a kind described in subsection (4) in which the relevant person was a participant; or\n\n(c) was engaged (whether as an employee, a volunteer or otherwise)—\n\n(i) by an entity that did a thing described in paragraph (a) or (b); and\n\n(4) The programs and services that are relevant for the purpose of subsection (3)(a) and (b) are those that would be eligible to be specified in a support and engagement plan under section 22AJ(2)(a).\n\nSee the examples at the foot of section 22AJ(2)(a).\n\nS. 22EQ(5) substituted by No. 9/2025 s. 49(4).\n\n(5) The purposes for which a request under subsection (2) may be made are—\n\n(a) if the relevant person is a prospective participant—the purpose of informing a decision under section 22BJ about the relevant person; or\n\n(b) if the relevant person is a participant—the purpose of facilitating the preparation of a voluntary case management plan under section 22BRA or the variation of a plan under section 22BV.\n\nS. 22EQ(5A) inserted by No. 9/2025 s. 49(4).\n\n(5A) The purposes for which a request under subsection (2A) may be made are—\n\n(a) if the relevant person is a referred person—the purpose of facilitating the preparation of advice about the relevant person requested by the Secretary under section 22BEA; or\n\n(b) if the relevant person is a prospective participant—the purpose of facilitating the preparation of advice about the relevant person requested by the Secretary under section 22BEA; or\n\n(c) if the relevant person is a participant—the purpose of facilitating the preparation of advice about the relevant person requested by the Secretary under section 22BEA; or\n\n(d) if the relevant person is the respondent to an application for a support and engagement order—the purpose of facilitating and informing the preparation of a proposed support and engagement plan in respect of the respondent under section 22CN.\n\nS. 22EQ(6) amended by No. 9/2025 s. 49(5).\n\n(6) The Secretary or a member of the CVE MAP who makes a request under subsection (2) or (2A) may disclose information that is about the relevant person to the person to whom the request is made for the purpose of enabling or facilitating the identification and provision of the requested information.\n\n(7) A person to whom a request is made must comply with that request.\n\nNote to s. 22EQ(7) inserted by No. 2/2024 s. 23, amended by No. 9/2025 s. 49(6).\n\nThe person may disclose the information requested by a member of the CVE MAP to the member's central contact instead—see section 22ERC.\n\n(8) However—\n\nS. 22EQ(8)(a) amended by Nos 2/2024 s. 40(5), 9/2025 s. 49(7).\n\n(a) in disclosing information under subsection (6), the Secretary or the member of the CVE MAP who does so must not disclose information if doing so is prohibited by section 22EK; and\n\nS. 22EQ(8)(b) amended by No. 2/2024 s. 40(5).\n\n(b) in disclosing information under subsection (7), the person who does so must not disclose information if doing so is prohibited by section 22EK.\n\n(9) For the purposes of this section, the person to whom the request is made has ***access*** to information if that information is held or kept by, or is under the control of, the person, or—\n\n(a) in the case of a person referred to in subsection (3)(a) or (b)—\n\n(i) the person provides the service or administers the program as described in that provision in the course of their engagement (whether as an employee, a volunteer or otherwise) by an entity; and\n\n(ii) the information is held or kept by or in, or under the control of, that entity; and\n\n(iii) the person is authorised to receive the information from that entity; or\n\n(b) in the case of a person referred to in subsection (3)(c)—\n\n(i) the information is held or kept by or in, or under the control of, the entity referred to in that provision; and\n\n(ii) the person is authorised to receive the information from that entity.\n\nS. 22EQA inserted by No. 9/2025 s. 50.\n\n\t22EQA Secretary may disclose information to parent or guardian\n\n(1) This section applies in relation to a person who is under 18 years of age (the ***relevant person***) and who is—\n\n(a) a referred person; or\n\n(b) a prospective participant; or\n\n(c) a participant.\n\n(2) The Secretary may disclose to a parent or guardian of the relevant person—\n\n(a) information relating to the reason for the person's referral to the Secretary; or\n\n(b) in the case of a participant, the content of the person's voluntary case management plan.\n\nS. 22ER inserted by No. 47/2021 s. 6.\n\n\t22ER Victoria Police member of the CVE MAP may disclose information about supported person receiving police services\n\n(1) This section applies if the support and engagement plan that applies to a supported person requires the supported person to engage with—\n\n(a) a service provided by Victoria Police or a member of Victoria Police personnel; or\n\n(b) a program administered by Victoria Police or a member of Victoria Police personnel.\n\n(2) A Victoria Police CVE MAP member may disclose information that is about the supported person, and to which the member has access, to—\n\n(a) an intelligence entity; or\n\n(b) a law enforcement entity; or\n\n(c) unrelated Victoria Police personnel—\n\nfor the purpose specified in subsection (3).\n\nS. 22ER(3) amended by No. 2/2024 s. 40(6).\n\n(3) The purpose for which the disclosure may be made is the purpose of informing the person or other entity of—\n\n(a) the supported person's compliance with, and progress under, their support and engagement order; or\n\n(b) the CVE MAP's assessment of the extent to which the person is radicalising towards violent extremism.\n\nS. 22ER(4) amended by No. 2/2024 s. 40(7).\n\n(4) However, in disclosing information under subsection (2), the Victoria Police CVE MAP member must not disclose information if doing so is prohibited by section 22EK.\n\n***intelligence entity*** means—\n\n(a) the Australian Security Intelligence Organisation; or\n\n(b) the Australian Secret Intelligence Service; or\n\n(c) the Office of National Intelligence continued in existence by section 6 of the Office of National Intelligence Act 2018 of the Commonwealth;\n\n***law enforcement entity*** means—\n\n(a) the Australian Federal Police; or\n\n(b) a police force or police service of a State or a Territory; or\n\n(c) any other authority or person responsible for the enforcement of the laws of the Commonwealth or of a State or a Territory;\n\n***unrelated Victoria Police personnel*** means a member of Victoria Police personnel who is not involved in the provision of the service, or the administration of the program, in relation to which this section applies;\n\n***Victoria Police CVE MAP member*** means a member of the CVE MAP appointed under section 22AU following a nomination by the Chief Commissioner of Police.\n\nPt 4A Div. 6 Subdiv. 2A (Heading and ss 22ERA–22ERD inserted by No. 2/2024 s. 24.\n\nSubdivision 2A—Central contacts\n\nS. 22ERA inserted by No. 2/2024 s. 24.\n\n\t22ERA CVE MAP member may appoint central contact\n\n(1) A member of the CVE MAP specified in Column 2 of the following Table, by instrument, may appoint a person specified in Column 3 opposite that member to be the member's central contact.\n\n| *Column 1*   <br>*Item* | *Column 2*<br>*Member of the CVE MAP* | *Column 3*<br>*Person who may be appointed as a central contact* |\n| 1 | A member of the CVE MAP appointed under section 22AT | A person employed in the Department of Justice and Community Safety under Part 3 of the **Public Administration Act 2004** |\n| 2 | A member of the CVE MAP appointed under section 22AU following a nomination by the Chief Commissioner of Police | A member of Victoria Police personnel |\n| 3 | A member of the CVE MAP appointed under section 22AU following a nomination by a Department Head | A person employed in the Department of that Department Head under Part 3 of the **Public Administration Act 2004** |\n| 4 | A member of the CVE MAP appointed under section 22AU following a nomination by an Administrative Office Head | A person employed in the Administrative Office of that Administrative Office Head under Part 3 of the **Public Administration Act 2004** |\n| 5 | A member of the CVE MAP appointed under section 22AU following a nomination by the Commissioner for Corrections | A person employed under Part 3 of the **Public Administration Act 2004** for the purposes of the **Corrections Act 1986** |\n| 6 | A member of the CVE MAP appointed under section 22AV for whom a home entity has been specified in the member's instrument of appointment under section 22AV(2) | A person engaged (whether as an employee or otherwise) by that home entity |\n\n(2) A member of the CVE MAP who appoints a central contact must specify the period of the appointment, which must not exceed one year, in the instrument of appointment.\n\nS. 22ERB inserted by No. 2/2024 s. 24.\n\n\t22ERB CVE MAP member may arrange for central contact to disclose information\n\n(1) A member of the CVE MAP who is authorised or required to disclose information under Subdivision 2 may arrange for the member's central contact to make that disclosure instead.\n\nAdditionally, because central contacts are authorised disclosers, they may disclose information when requested to do so under section 22EN(1).\n\n(2) If the authorised or required disclosure is a disclosure to another member of the CVE MAP, the arrangement may be for the disclosure to be made to that other member's central contact instead.\n\n(3) A member of the CVE MAP who is required to disclose information under Subdivision 2 is taken to comply with that requirement by making an arrangement under subsection (1).\n\n(4) If a member of the CVE MAP arranges under subsection (1) for the member's central contact to make a disclosure, the central contact must do so.\n\n(5) However, in disclosing information under subsection (4), a central contact must not disclose information if doing so is prohibited by section 22EK.\n\nS. 22ERC inserted by No. 2/2024 s. 24.\n\n\t22ERC Disclosure may be made to central contact instead of CVE MAP member\n\n(1) A person who is required to make a disclosure to a member of the CVE MAP under section 22EN(3) or 22EQ(7)—\n\n(a) may make that disclosure to that member's central contact instead of to the member; and\n\n(b) is taken to comply with that requirement by doing so.\n\n(2) However, in disclosing information under subsection (1), the person must not disclose information if doing so is prohibited by section 22EK.\n\nS. 22ERD inserted by No. 2/2024 s. 24.\n\n\t22ERD Central contact must not make certain requests or disclosures\n\n(1) Despite section 22EN(1), a central contact must not make a request under that provision.\n\n(2) Despite section 22EO(1), a central contact must not disclose information under that provision.\n\n(3) Despite section 22EP(1), a central contact must not disclose information under that provision.\n\n(4) Nothing in subsection (2) or (3) prevents—\n\n(a) a member of the CVE MAP from making an arrangement under section 22ERB(1) in relation to a disclosure that the member is authorised to make under section 22EO(1) or 22EP(1); or\n\n(b) a central contact from making a disclosure under section 22ERB(4) in accordance with such an arrangement.\n\nPt 4A Div. 6 Subdiv. 2B (Heading) inserted by No. 2/2024 s. 25.\n\nSubdivision 2B—Offence to disclose information\n\nS. 22ES inserted by No. 47/2021 s. 6.\n\n\t22ES Offence to disclose information\n\n(1) A person who receives information about a relevant person as the result of a disclosure made in accordance with this Division must not disclose that information other than—\n\n(a) in accordance with this Division; or\n\n(b) as permitted or required by or under any other law; or\n\n(c) as permitted or required by or under an order of a court.\n\nPenalty: In the case of a natural person, 60 penalty units;\n\nIn the case of a body corporate, 300 penalty units.\n\n(2) It is a defence to a charge under subsection (1) that the person disclosed the information in good faith and with reasonable care.\n\nSubdivision 3—Miscellaneous\n\nS. 22ET inserted by No. 47/2021 s. 6.\n\n\t22ET Authority to collect information\n\n(1) An authorised discloser is authorised to collect any information that the discloser is authorised, under this Division, to request or disclose.\n\n(2) Nothing in subsection (1) requires any other person to disclose information to an authorised discloser.\n\nS. 22EU inserted by No. 47/2021 s. 6.\n\n\t22EU Division does not affect collection or use of information permitted by various laws\n\nNothing in this Division is to be taken to prevent an authorised discloser from collecting or using any information that the discloser is permitted to collect or use by or under any Act or law.\n\nS. 22EV inserted by No. 47/2021 s. 6.\n\n\t22EV Protected information not admissible in criminal proceedings\n\nInformation given—\n\n(a) by a participant when engaging with a service or a program under a voluntary case management plan; or\n\n(b) by a supported person when engaging with a service or program under a support and engagement plan—\n\nis not admissible in evidence against the participant or supported person who disclosed it in a criminal proceeding or a proceeding for the imposition of a penalty.\n\nDivision 7—Annual report\n\nS. 22EW inserted by No. 47/2021 s. 6.\n\n\t22EW Annual report\n\nThe Minister must include the following information in the annual report of operations of the Department for each financial year under section 45 of the **Financial Management Act 1994**—\n\n(a) the number of referrals under section 22BH(1)—\n\n(i) that the Secretary received in that year; and\n\n(ii) that were made in respect of children;\n\n(b) the number of referrals under section 22BH(1)—\n\n(i) that the Secretary received in that year; and\n\n(ii) that were made in respect of adults;\n\n(c) the number of referrals in respect of children that the Secretary accepted in that year under section 22BJ;\n\n(d) the number of referrals in respect of adults that the Secretary accepted in that year under section 22BJ;\n\n(e) the number of referrals in respect of children that the Secretary refused in that year under section 22BJ(4);\n\n(f) the number of referrals in respect of adults that the Secretary refused in that year under section 22BJ(4);\n\n(g) the number of referrals in respect of children that the Secretary refused in that year under section 22BM(1);\n\n(h) the number of referrals in respect of adults that the Secretary refused in that year under section 22BM(1);\n\nS. 22EW(i) substituted by No. 9/2025 s. 51(1).\n\n(i) the number of prospective participants under 18 years of age who provided informed consent;\n\nS. 22EW(j) substituted by No. 9/2025 s. 51(1).\n\n(j) the number of prospective participants of or above 18 years of age who provided informed consent;\n\nS. 22EW(k) substituted by No. 9/2025 s. 51(1).\n\n(k) the number of prospective participants under 18 years of age who refused to provide informed consent;\n\nS. 22EW(l) substituted by No. 9/2025 s. 51(1).\n\n(l) the number of prospective participants of or above 18 years of age who refused to provide informed consent;\n\nS. 22EW(la) inserted by No. 9/2025 s. 51(2).\n\n(la) the number of voluntary case management plans developed for participants under 18 years of age;\n\nS. 22EW(lb) inserted by No. 9/2025 s. 51(2).\n\n(lb) the number of voluntary case management plans developed for participants of or above 18 years of age;\n\n(m) the number of occasions on which consent was withdrawn in accordance with section 22BX in that year in respect of participants who were children;\n\n(n) the number of occasions on which consent was withdrawn in accordance with section 22BX in that year in respect of participants who were adults;\n\nS. 22EW(na) inserted by No. 9/2025 s. 51(3).\n\n(na) the number of voluntary case management plans for participants under 18 years of age in operation for the whole or part of the year;\n\nS. 22EW(nb) inserted by No. 9/2025 s. 51(3).\n\n(nb) the number of voluntary case management plans for participants of or above 18 years of age in operation for the whole or part of the year;\n\nS. 22EW(nc) inserted by No. 9/2025 s. 51(3).\n\n(nc) the number of key persons who engaged in services or programs under the voluntary case management plan of a participant who is under 18 years of age;\n\nS. 22EW(nd) inserted by No. 9/2025 s. 51(3).\n\n(nd) the number of key persons who engaged in services or programs under the voluntary case management plan of a participant who is of or above 18 years of age;\n\nS. 22EW(ne) inserted by No. 9/2025 s. 51(3).\n\n(ne) the number of voluntary case management plans for participants under 18 years of age that expired during the year;\n\nS. 22EW(nf) inserted by No. 9/2025 s. 51(3).\n\n(nf) the number of voluntary case management plans for participants of or above 18 years of age that expired during the year;\n\n(o) the number of voluntary case management plans in respect of children that the Secretary revoked under section 22CA in that year;\n\n(p) the number of voluntary case management plans in respect of adults that the Secretary revoked under section 22CA in that year;\n\n(q) the number of applications made under section 22CK for support and engagement orders in that year in respect of children;\n\n(r) the number of applications made under section 22CK for support and engagement orders in that year in respect of adults;\n\n(s) the number of support and engagement orders made in that year in respect of children;\n\n(t) the number of support and engagement orders made in that year in respect of adults;\n\n(u) the number of support and engagement orders revoked in that year in respect of children;\n\n(v) the number of support and engagement orders revoked in that year in respect of adults;\n\n(w) the number of appeals brought in that year under section 109 of the **Magistrates' Court Act 1989** in respect of an order specified in section 22DX(3);\n\n(x) the number of appeals brought in that year under section 329 of the **Children, Youth and Families Act 2005** in respect of an order specified in section 22DX(3);\n\n(y) to the extent that it is known or disclosed, the religion and ethnicity of the persons in respect of whom support and engagement orders are applied for, made, revoked or appealed.\n\nPt 5 (Heading and ss 23, 24) amended by Nos 68/2009 s. 97(Sch. item 119), 69/2009 s. 54(Sch. Pt 2 item 52), substituted as Pt 5 (Headings and ss 23–37A) by No. 32/2018 s. 71.\n\nPart 5—Protection of counter-terrorism intelligence\n\nPt 5 Div. 1AA (Heading and s. 22EX) inserted by No. 47/2021 s. 7.\n\nDivision 1AA—Preliminary\n\nS. 22EX inserted by No. 47/2021 s. 7.\n\n\t22EX References to *subject* of substantive application or hearing\n\nIn this Part, a reference to the ***subject*** of the substantive application or hearing that is an SEO review hearing or an application for the variation, extension or revocation of a support and engagement order is a reference to the supported person.\n\nDivision 1—General protection in legal proceedings\n\nS. 23 substituted by No. 32/2018 s. 71.\n\n","sortOrder":127},{"sectionNumber":"23","sectionType":"section","heading":"General protection of counter-terrorism intelligence in legal proceedings","content":"\t23 General protection of counter-terrorism intelligence in legal proceedings\n\n(1) If, in any legal proceeding, an issue arises relating to the disclosure of any information, document or other thing and (but for this section) a person would be entitled to require another person to disclose that information, document or thing, the court may excuse that person from the requirement to disclose if satisfied that—\n\n(a) the information, document or thing is counter-terrorism intelligence; and\n\n(b) the public interest in preserving secrecy or confidentiality outweighs the public interest in disclosure.\n\n(2) Without limiting the matters the court may consider for the purposes of subsection (1), the court must consider the following—\n\n(a) the importance of the information, document or thing in the legal proceeding;\n\n(b) if the legal proceeding is a criminal proceeding, whether the party seeking disclosure is the accused or the prosecutor;\n\n(c) if the legal proceeding is a criminal appeal proceeding, including an application for leave to appeal, whether the party seeking disclosure was the accused or the prosecutor in the judgment or order from which the appeal is brought;\n\n(d) the nature of the offence, cause of action or defence to which the information, document or thing relates, and the nature of the subject matter of the proceeding;\n\n(e) the likely effect of disclosure of the information, document or thing and the means available to limit its publication;\n\n(f) whether the substance of the information, document or thing has already been disclosed;\n\n(g) if the proceeding is a criminal proceeding and the party seeking disclosure is the accused, whether the order is to be made subject to the condition that the prosecution be stayed.\n\n(3) In deciding whether to excuse a person under this section from a requirement to disclose, the court may inform itself in any way it thinks fit.\n\n***court*** has the same meaning as in the **Evidence (Miscellaneous Provisions) Act 1958**;\n\n***disclosure*** includes disclosure, whether by order, subpoena or otherwise, by the—\n\n(a) inspection, production or discovery of documents; and\n\n(b) giving of evidence; and\n\n(c) answering of interrogatories; and\n\n(d) provision of particulars;\n\n***legal proceeding*** has the same meaning as in the **Evidence (Miscellaneous Provisions) Act 1958**.\n\nUnder the **Evidence (Miscellaneous Provisions) Act 1958**, ***legal proceeding*** includes a civil or criminal proceeding before a court, an inquest held by a coroner and a Royal Commission. Also under that Act, ***court*** includes a person acting judicially.\n\nS. 24 substituted by No. 32/2018 s. 71.\n\n","sortOrder":128},{"sectionNumber":"24","sectionType":"section","heading":"Court may inspect documents","content":"\t24 Court may inspect documents\n\nIf a question arises under section 23 in relation to a document, the court may order the production of the document and may inspect it for the purpose of determining the question.\n\nDivision 2—Protection in applications under this Act\n\nNew s. 25 inserted by No. 32/2018 s. 71.\n\n","sortOrder":129},{"sectionNumber":"25","sectionType":"section","heading":"Application for counter-terrorism intelligence protection order","content":"\t25 Application for counter-terrorism intelligence protection order\n\nS. 25(1) amended by No. 47/2021 s. 8(1).\n\n(1) If a substantive application is made on or after the commencement day, an authorised police officer may apply to the Supreme Court for an order in relation to any information, document or other thing related to that substantive application that the authorised police officer making the protection application believes on reasonable grounds is counter-terrorism intelligence.\n\nS. 25(1A) inserted by No. 47/2021 s. 8(2).\n\n(1A) If the Magistrates' Court or the Children's Court directs, under section 22CW(1), that a review hearing is to be held in respect of a support and engagement order, an authorised police officer may apply to the Supreme Court for an order in relation to any information, document or other thing related to that hearing that the authorised police officer making the protection application believes on reasonable grounds is counter‑terrorism intelligence.\n\nS. 25(1B) inserted by No. 47/2021 s. 8(2).\n\n(1B) An order referred to in subsection (1) or (1A) is a ***counter-terrorism intelligence protection order***.\n\nS. 25(1C) inserted by No. 47/2021 s. 8(2).\n\n(1C) An application for a counter-terrorism intelligence protection order that relates to—\n\n(a) an application for a support and engagement order; or\n\n(b) an application by an authorised police officer for the variation or extension of a support and engagement order—\n\nis to be made no later than 3 days after the substantive application is made.\n\nS. 25(1D) inserted by No. 47/2021 s. 8(2).\n\n(1D) An application for a counter-terrorism intelligence protection order that relates to an application by a supported person for the variation, extension or revocation of a support and engagement order is to be made as soon as practicable after the substantive application is made.\n\nS. 25(1E) inserted by No. 47/2021 s. 8(2).\n\n(1E) An application for a counter-terrorism intelligence protection order that relates to an SEO review hearing is to be made as soon as practicable after that direction is given.\n\n(2) A protection application must—\n\n(a) be in writing; and\n\n(b) state the grounds on which the order is sought; and\n\nS. 25(2)(c) amended by No. 47/2021 s. 8(3)(a).\n\n(c) be accompanied by an affidavit that addresses the grounds on which the order is sought; and\n\nS. 25(2)(d) inserted by No. 47/2021 s. 8(3)(b).\n\n(d) if subsection (1C) applies to the application—give details of the application referred to in paragraph (a) or (b) of that subsection; and\n\nS. 25(2)(e) inserted by No. 47/2021 s. 8(3)(b).\n\n(e) if subsection (1E) applies to the application—give details of the matter in respect of which the SEO review hearing is to be held.\n\n(3) In this section—\n\n***commencement day*** means the day on which section 71 of the **Justice Legislation Amendment (Terrorism) Act 2018** comes into operation.\n\nNew s. 26 inserted by No. 32/2018 s. 71.\n\n","sortOrder":130},{"sectionNumber":"26","sectionType":"section","heading":"Public Interest Monitor to be notified of protection application","content":"\t26 Public Interest Monitor to be notified of protection application\n\nThe applicant for a counter-terrorism intelligence protection order must notify a Public Interest Monitor of the protection application in accordance with the regulations under the **Public Interest Monitor Act 2011**.\n\nNew s. 27 inserted by No. 32/2018 s. 71.\n\n","sortOrder":131},{"sectionNumber":"27","sectionType":"section","heading":"Determining protection application","content":"\t27 Determining protection application\n\n(1) After hearing a protection application, the Supreme Court may make a counter-terrorism intelligence protection order in respect of all or any part of the information, document or other thing to which the application relates if the Court is satisfied that—\n\n(a) the information, document, thing or part is counter-terrorism intelligence; and\n\nS. 27(1)(b) amended by No. 47/2021 s. 9(1).\n\n(b) the reasons for maintaining the confidentiality of the counter‑terrorism intelligence outweigh any prejudice or unfairness to the subject of the substantive application or hearing.\n\nS. 27(2) amended by No. 47/2021 s. 9(2).\n\n(2) If the Supreme Court makes a counter-terrorism intelligence protection order, the applicant in the protection application must serve on the subject of the substantive application or hearing or a representative of the subject—\n\n(a) a copy of the order; and\n\n(b) a summary of the protected counter-terrorism intelligence to the extent possible without compromising the reasons for which the intelligence is protected.\n\n(3) If the Supreme Court declines to make a counter‑terrorism intelligence protection order in respect of all or any part of the information, document or other thing—\n\nS. 27(3)(a) amended by No. 47/2021 s. 9(3).\n\n(a) no party to the substantive application or hearing is obliged to adduce that information, document, other thing or part in evidence in the proceeding on the substantive application or hearing; and\n\nS. 27(3)(b) substituted by No. 47/2021 s. 9(4).\n\n(b) if the application for the counter-terrorism intelligence protection order was made in respect of a substantive application, the applicant may withdraw the substantive application.\n\nS. 27(4) amended by No. 47/2021 s. 9(5).\n\n(4) If the application for the counter-terrorism intelligence protection order was made in respect of a substantive application, the applicant in the substantive application may also withdraw the substantive application if the Supreme Court at any time during the proceeding on the substantive application makes an order for discovery of all or any part of the information, document or other thing that was the subject of the protection application, whether or not a counter‑terrorism intelligence protection order was made.\n\nNew s. 28 inserted by No. 32/2018 s. 71.\n\n","sortOrder":132},{"sectionNumber":"28","sectionType":"section","heading":"Court may dispense with hearing by consent","content":"\t28 Court may dispense with hearing by consent\n\nDespite section 27(1), if the parties to a protection application consent, the Supreme Court may determine the application without a hearing, on the basis of the parties' written submissions.\n\nNew s. 29 inserted by No. 32/2018 s. 71, amended by No. 47/2021 s. 10.\n\n","sortOrder":133},{"sectionNumber":"29","sectionType":"section","heading":"Admissibility of protected counter‑terrorism intelligence","content":"\t29 Admissibility of protected counter‑terrorism intelligence\n\nTo avoid doubt, the making of a counter‑terrorism intelligence protection order is not determinative of the admissibility of the protected counter-terrorism intelligence in evidence in the proceeding on the substantive application or hearing.\n\nPt 5 Div. 3 (Heading) amended by No. 47/2021 s. 11.\n\nDivision 3—Procedural requirements in protection applications and substantive applications and hearings involving protected counter‑terrorism intelligence\n\nNew s. 30 inserted by No. 32/2018 s. 71, substituted by No. 47/2021 s. 12.\n\n","sortOrder":134},{"sectionNumber":"30","sectionType":"section","heading":"Application of Division","content":"\t30 Application of Division\n\n(1) This Division applies to—\n\n(a) a proceeding on a protection application; and\n\n(b) any part of a proceeding on a substantive application or hearing in which protected counter-terrorism intelligence is sought to be admitted, or is adduced, in evidence.\n\n(2) In this Division—\n\n(a) the ***relevant court*** in relation to a protection application is the Supreme Court; and\n\n(b) the ***relevant court*** in relation to—\n\n(i) an application for a support and engagement order; or\n\n(ii) an application for the variation, extension or revocation of a support and engagement order—\n\nis the court to which that application is made; and\n\n(c) the ***relevant court*** in relation to any substantive application other than an application referred to in paragraph (b) is the Supreme Court; and\n\n(d) the ***relevant court*** in relation to an SEO review hearing is the court that directed that the hearing be held.\n\n(3) In this Division—\n\n(a) the part of the hearing of a substantive application in which protected counter-terrorism intelligence is sought to be admitted, or adduced, in evidence is called the ***relevant part*** of the hearing of that application; and\n\n(b) the part of an SEO review hearing in which protected counter-terrorism intelligence is sought to be admitted, or adduced, in evidence is called the ***relevant part*** of that hearing.\n\nNew s. 31 inserted by No. 32/2018 s. 71, substituted by No. 47/2021 s. 12.\n\n","sortOrder":135},{"sectionNumber":"31","sectionType":"section","heading":"Protection applications to be heard in closed court unless otherwise ordered","content":"\t31 Protection applications to be heard in closed court unless otherwise ordered\n\n(1) Unless the Supreme Court orders otherwise, a protection application must be heard in closed court.\n\n(2) The Supreme Court may make an order under subsection (1) if it considers it appropriate to do so.\n\n(3) If the protection application is heard in closed court, the only persons who may be present at the hearing are—\n\n(a) the authorised police officer who made the protection application; and\n\n(b) any lawyers representing that authorised police officer; and\n\n(c) a special counsel appointed under section 32; and\n\n(d) any witnesses who may be called to give evidence; and\n\n(e) the presiding judge and any court staff necessary for the hearing; and\n\n(f) the Public Interest Monitor.\n\n(4) The authorised police officer who made the protection application may withdraw the application if the Supreme Court makes an order under subsection (1).\n\nS. 31A inserted by No. 47/2021 s. 13.\n\n","sortOrder":136},{"sectionNumber":"31A","sectionType":"section","heading":"Relevant part of substantive application or hearing to be heard in closed court unless otherwise ordered","content":"\t31A Relevant part of substantive application or hearing to be heard in closed court unless otherwise ordered\n\n(1) Unless the Supreme Court orders otherwise, the relevant part of—\n\n(a) the hearing a substantive application; or\n\n(b) an SEO review hearing—\n\nmust be heard in closed court.\n\n(2) The Supreme Court may make an order under subsection (1) if it considers it appropriate to do so.\n\n(3) If the relevant part is heard in closed court, the only persons who may be present at the hearing are—\n\n(a) the authorised police officer who made the protection application; and\n\n(b) any lawyers representing that authorised police officer; and\n\n(c) a special counsel appointed under section 32; and\n\n(d) any witnesses who may be called to give evidence; and\n\n(e) the presiding judge or magistrate and any court staff necessary for the hearing; and\n\n(f) the Public Interest Monitor.\n\n(4) If a relevant court makes an order under subsection (1) in relation to a substantive application made by an authorised police officer, the authorised police officer who made that application may withdraw the application.\n\nS. 31B inserted by No. 47/2021 s. 13.\n\n","sortOrder":137},{"sectionNumber":"31B","sectionType":"section","heading":"Closed court requirements","content":"\t31B Closed court requirements\n\n(a) an order is not made under section 31(1) in respect of the hearing of a protection application; or\n\n(b) an order is not made under section 31A(1) in respect of the relevant part of—\n\n(i) the hearing of a substantive application; or\n\n(ii) an SEO review hearing.\n\n(2) The relevant court—\n\n(a) must cause a notice to be posted on a door of the court containing the matters set out in subsection (3) and ensure that the notice remains so posted at all times the hearing is held in closed court; and\n\n(b) may cause a copy of the notice to be posted in another conspicuous place where notices are usually posted at the court.\n\n(3) The notice must state—\n\n(a) that the hearing is being held in closed court; and\n\n(b) who may be present at the hearing; and\n\n(c) that it is an offence for anyone else to enter or attempt to enter the place where the hearing is being held.\n\nSee section 35 for the offence referred to in paragraph (c).\n\n(4) If a notice is posted under subsection (2)(a) in relation to a hearing, the relevant court must confirm on the transcript of the hearing—\n\n(a) that a notice was posted and remained so posted at all times the hearing was held in closed court; and\n\n(b) the content of the notice.\n\nNew s. 32 inserted by No. 32/2018 s. 71.\n\n","sortOrder":138},{"sectionNumber":"32","sectionType":"section","heading":"Appointment of special counsel","content":"\t32 Appointment of special counsel\n\nS. 32(1) substituted by No. 47/2021 s. 14(1).\n\n(1) The Supreme Court may appoint a suitably qualified person as special counsel to represent the interests of the subject of a substantive application or hearing at—\n\n(a) the hearing of the protection application; and\n\n(b) the relevant part of—\n\n(i) if the protection application relates to a substantive application, that substantive application; or\n\n(ii) if the protection application relates to an SEO review hearing, that hearing.\n\n(2) A person is suitably qualified for appointment as special counsel if—\n\n(a) the person is a barrister within the meaning of the Legal Profession Uniform Law (Victoria); and\n\nS. 32(2)(b) amended by No. 47/2021 s. 14(2).\n\n(b) in the opinion of the Supreme Court, the person has the appropriate skills and ability to represent the interests of the subject of the substantive application or hearing; and\n\n(c) the person has the security clearance determined by the Supreme Court to be appropriate in the circumstances.\n\nS. 32(2A) inserted by No. 47/2021 s. 14(3).\n\n(2A) If the Supreme Court does not, under subsection (1), appoint a suitably qualified person as special counsel to represent the interests of the subject of a substantive application or hearing at the relevant part of—\n\n(a) an application for a support and engagement order; or\n\n(b) an application for the variation, extension or revocation of a support and engagement order; or\n\n(c) an SEO review hearing—\n\nthe relevant court may make such an appointment.\n\nS. 32(3) substituted by No. 47/2021 s. 14(4).\n\n(3) The relevant court may appoint another suitably qualified person as special counsel to represent the interests of the subject of the substantive application at the relevant part of the hearing of the substantive application if—\n\n(a) the person appointed under subsection (1) is unable to act in relation to that hearing; or\n\n(b) if the relevant court is the Supreme Court—the Supreme Court considers it appropriate to do so.\n\nS. 32(4) inserted by No. 47/2021 s. 14(4).\n\n(4) The relevant court may appoint another suitably qualified person as special counsel to represent the interests of the subject of an SEO review hearing at the relevant part of the SEO review hearing if—\n\n(a) the person appointed under subsection (1) is unable to act in relation to that hearing; or\n\n(b) if the relevant court is the Supreme Court—the Supreme Court considers it appropriate to do so.\n\nS. 32(5) inserted by No. 47/2021 s. 14(4).\n\n(5) For the purposes of subsections (3) and (4), if a court other than the Supreme Court is to appoint another suitably qualified person as special counsel, subsection (2) applies as if a reference in that subsection to the Supreme Court were a reference to that other court.\n\nNew s. 33 inserted by No. 32/2018 s. 71.\n\n","sortOrder":139},{"sectionNumber":"33","sectionType":"section","heading":"Role of special counsel","content":"\t33 Role of special counsel\n\nS. 32(1) amended by No. 47/2021 s. 15(1).\n\n(1) If a special counsel is appointed under section 32(1) or (2A)—\n\n(a) before the hearing of the protection application the applicant must serve on the special counsel—\n\nS. 33(1)(a)(i) substituted by No. 47/2021 s. 15(2).\n\n(i) a summary of the grounds on which the protection application is made; and\n\nS. 33(1)(a)(ia) inserted by No. 47/2021 s. 15(2).\n\n(ia) if the protection application is made in respect of a substantive application, the grounds on which that application is made; and\n\nS. 33(1)(a)(ib) inserted by No. 47/2021 s. 15(2).\n\n(ib) the evidence on which the applicant seeks to rely to the extent possible without revealing any relevant information; and\n\nS. 33(1)(a)(ii) amended by No. 47/2021 s. 15(3).\n\n(ii) after the special counsel has had an opportunity to communicate with the subject of the substantive application or hearing, or a representative of the subject, under paragraph (b)—a copy of the protection application, any affidavit required to be given to the Supreme Court in support of the protection application and the relevant information; and\n\nS. 33(1)(b) amended by No. 47/2021 s. 15(4).\n\n(b) at any time before the special counsel obtains any relevant information, the special counsel may communicate with the subject of the substantive application or hearing, or a representative of the subject, for the purposes of obtaining information from the subject or representative in relation to the protection application or the substantive application or hearing; and\n\nS. 33(1)(c) amended by No. 47/2021 s. 15(5).\n\n(c) at any time after the special counsel obtains any relevant information, the special counsel must not communicate with the subject of the substantive application or hearing or a representative of the subject.\n\nS. 33(2) amended by No. 47/2021 s. 15(6).\n\n(2) If a special counsel is appointed under section 32(3) or (4)—\n\nS. 33(2)(a) amended by No. 47/2021 s. 15(7).\n\n(a) before the hearing of the relevant part of the proceeding on the substantive application or hearing the applicant must serve on the special counsel—\n\nS. 33(2)(a)(i) substituted by No. 47/2021 s. 15(8).\n\n(i) a summary of the grounds on which the protection application was made; and\n\nS. 33(2)(a)(ia) inserted by No. 47/2021 s. 15(8).\n\n(ia) if the protection application was made in respect of a substantive application or hearing, the grounds on which that application was made; and\n\nS. 33(2)(a)(ib) inserted by No. 47/2021 s. 15(8).\n\n(ib) the evidence on which reliance will be sought on the substantive application or hearing to the extent possible without revealing any protected counter terrorism intelligence; and\n\nS. 33(2)(a)(ii) amended by No. 47/2021 s. 15(9).\n\n(ii) after the special counsel has had an opportunity to communicate with the subject of the substantive application or hearing, or a representative of the subject, under paragraph (b)—a copy of the protected counter-terrorism intelligence; and\n\nS. 33(2)(b) amended by No. 47/2021 s. 15(10).\n\n(b) at any time before the special counsel obtains any protected counter‑terrorism intelligence, the special counsel may communicate with the subject of the substantive application or hearing, or a representative of the subject, for the purposes of obtaining information from the subject or representative in relation to the substantive application or hearing; and\n\nS. 33(2)(c) amended by No. 47/2021 s. 15(11).\n\n(c) at any time after the special counsel obtains any protected counter‑terrorism intelligence, the special counsel must not communicate with the subject of the substantive application or hearing or a representative of the subject.\n\n(3) A special counsel appointed under section 32—\n\n(a) must not perform the role of special counsel in a manner that compromises the confidentiality of all or any part of the relevant information or the protected counter-terrorism intelligence (as the case requires); and\n\nS. 33(3)(b) amended by No. 47/2021 s. 15(11).\n\n(b) does not incur any liability to the subject of the substantive application or hearing in respect of anything done or omitted to be done by the special counsel in performing the role of special counsel.\n\nS. 33(4) amended by No. 47/2021 s. 15(11).\n\n(4) Legal professional privilege or client legal privilege applies to a communication between a special counsel appointed under section 32 and the subject of the substantive application or hearing or a representative of the subject in the same way as it would apply to a communication between a lawyer acting for the subject and the subject.\n\nS. 33(5) amended by No. 47/2021 s. 15(12).\n\n(5) The relevant court may direct that a special counsel appointed under section 32 may be present as an observer at any hearing of the substantive application or hearing other than the hearing of the relevant part.\n\nSpecial counsel is entitled to be present at the hearing of the relevant part—see section 31(3)(c).\n\n(6) The applicant for a counter-terrorism intelligence protection order must fully disclose to a special counsel appointed under section 32(1) all matters of which the applicant is aware that are adverse to the protection application.\n\n(7) The applicant for a counter-terrorism intelligence protection order must not knowingly or recklessly fail to comply with subsection (6).\n\n***relevant information***, in relation to a protection application, means any information, or the original or a copy of any document or other thing, that is the subject of the application.\n\nNew s. 34 inserted by No. 32/2018 s. 71, substituted by No. 47/2021 s. 16.\n\n **34 Adjournment to allow special counsel to communicate with subject**\n\n(1) The Supreme Court may adjourn the hearing of a protection application to allow a special counsel appointed under section 32 to communicate with the subject of the substantive application or hearing, or a representative of the subject, in accordance with section 33.\n\n(2) The relevant court may adjourn the hearing of the relevant part of—\n\n(a) the hearing of a substantive application; or\n\n(b) an SEO review hearing—\n\nto allow a special counsel appointed under section 32 to communicate with the subject of the substantive application or hearing, or a representative of the subject, in accordance with section 33.\n\n(3) Nothing in this section limits any other power of the Supreme Court or any other court to adjourn a proceeding.\n\nDivision 4—Offences\n\nNew s. 35 inserted by No. 32/2018 s. 71.\n\n","sortOrder":140},{"sectionNumber":"35","sectionType":"section","heading":"Offence to enter closed court","content":"\t35 Offence to enter closed court\n\n(1) A person not referred to in section 31(3) who knows, or is reckless as to the fact that, a hearing is being held in closed court under section 31 must not enter the place where the hearing is being held.\n\nPenalty: Level 6 imprisonment (5 years maximum) or a level 6 fine (600 penalty units maximum) or both.\n\nS. 35(1A) inserted by No. 47/2021 s. 17(1).\n\n(1A) A person not referred to in section 31A(3) who knows, or is reckless as to the fact that, a hearing is being held in closed court under section 31A must not enter the place where the hearing is being held.\n\nPenalty: Level 6 imprisonment (5 years maximum) or a level 6 fine (600 penalty units maximum) or both.\n\nS. 35(2)(a) amended by No. 47/2021 s. 17(2)(a).\n\n(a) a person is charged with an offence against subsection (1) or (1A); and\n\nS. 35(2)(b) amended by No. 47/2021 s. 17(2)(b).\n\n(b) the prosecution proves that a notice was posted in accordance with section 31B(2)(a) at the time of the alleged offence—\n\nthe person is presumed to have known, or to have been reckless as to the fact, that the hearing was being held in closed court unless the person presents or points to evidence that the person did not know and was not reckless as to that fact.\n\nNew s. 36 inserted by No. 32/2018 s. 71.\n\n","sortOrder":141},{"sectionNumber":"36","sectionType":"section","heading":"Offence to publish report of hearing","content":"\t36 Offence to publish report of hearing\n\nS. 36(1) amended by No. 47/2021 s. 18(1).\n\n(1) Unless the Supreme Court orders otherwise, a person must not publish a report of—\n\n(a) the hearing of a protection application; or\n\n(b) the relevant part of the hearing of a substantive application; or\n\n(c) the relevant part of the hearing of an SEO review hearing—\n\nor any information derived from such a hearing.\n\nPenalty: In the case of a natural person, level 6 imprisonment (5 years maximum) or a level 6 fine (600 penalty units maximum) or both;\n\n(2) The Supreme Court may make an order under subsection (1) if the Court considers it appropriate to do so.\n\nS. 36(3) amended by No. 47/2021 s. 18(2).\n\n(3) In this section, ***relevant part*** has the same meaning as in section 30(3).\n\nNew s. 37 inserted by No. 32/2018 s. 71.\n\n","sortOrder":142},{"sectionNumber":"37","sectionType":"section","heading":"Disclosure, receipt or solicitation of protected counter-terrorism intelligence","content":"\t37 Disclosure, receipt or solicitation of protected counter-terrorism intelligence\n\n(1) Subject to subsection (2), a person must not disclose, receive or solicit any information, document or other thing if the person knows or is reckless as to the fact that the information, document or other thing is protected counter-terrorism intelligence.\n\nPenalty: In the case of a natural person, level 6 imprisonment (5 years maximum) or a level 6 fine (600 penalty units maximum) or both;\n\n(2) Subsection (1) does not apply to—\n\n(a) disclosure, receipt or solicitation of protected counter-terrorism intelligence that was in the public domain at the time of the disclosure, receipt or solicitation; or\n\n(b) disclosure, receipt or solicitation of protected counter-terrorism intelligence by a law enforcement officer in the performance of duty; or\n\n(c) disclosure of protected counter-terrorism intelligence by a person to a lawyer, or the receipt or solicitation of protected counter-terrorism intelligence by a lawyer from a person, in the course of the person consulting the lawyer for legal advice; or\n\n(d) disclosure, receipt or solicitation of protected counter-terrorism intelligence that is published in accordance with an order of the Supreme Court under section 36(1); or\n\n(e) disclosure, receipt or solicitation of protected counter-terrorism intelligence that is required, authorised or permitted by or under this Act.\n\n(3) A person does not commit an offence against subsection (1) if—\n\n(a) the person presents or points to evidence that suggests a reasonable possibility that a circumstance referred to in subsection (2) existed at the time of the alleged commission of the offence; and\n\n(b) the contrary is not proved (beyond reasonable doubt) by the prosecution.\n\nS. 37A inserted by No. 32/2018 s. 71.\n\n","sortOrder":143},{"sectionNumber":"37A","sectionType":"section","heading":"Disclosure, receipt or solicitation of other confidential material","content":"\t37A Disclosure, receipt or solicitation of other confidential material\n\n(1) This section applies to any information, document or other thing that was the subject of a protection application that was not granted by the Supreme Court.\n\n(2) Subject to subsection (3), a person must not disclose, receive or solicit any information, document or other thing to which this section applies if the person knows or is reckless as to the fact that the information, document or other thing is information or a document or other thing to which this section applies.\n\nPenalty: In the case of a natural person, level 6 imprisonment (5 years maximum) or a level 6 fine (600 penalty units maximum) or both;\n\n(3) Subsection (2) does not apply to—\n\n(a) disclosure, receipt or solicitation of any information, document or other thing that was in the public domain at the time of the disclosure, receipt or solicitation; or\n\nS. 37A(3)(b) amended by No. 47/2021 s. 19.\n\n(b) disclosure, receipt or solicitation of any information, document or other thing that has been adduced in evidence in relation to a substantive application or hearing; or\n\n(c) disclosure, receipt or solicitation of any information, document or other thing by a law enforcement officer in the performance of duty; or\n\n(d) disclosure of any information, document or other thing by a person to a lawyer, or the receipt or solicitation of any information, document or other thing by a lawyer from a person, in the course of the person consulting the lawyer for legal advice; or\n\n(e) disclosure, receipt or solicitation of any information, document or other thing that is published in accordance with an order of the Supreme Court under section 36(1); or\n\n(f) disclosure, receipt or solicitation of any information, document or other thing that is required, authorised or permitted by or under this Act.\n\n(4) A person does not commit an offence against subsection (2) if—\n\n(a) the person presents or points to evidence that suggests a reasonable possibility that a circumstance referred to in subsection (3) existed at the time of the alleged commission of the offence; and\n\n(b) the contrary is not proved (beyond reasonable doubt) by the prosecution.\n\nPt 6 (Heading) amended by No. 31/2024 s. 113(Sch. 1 item 39.8).\n\nPt 6 (Heading and ss 25–37) amended by Nos 20/2005 s. 51, 30/2006 ss 11–14, 69/2007 ss 75, 76, 37/2014 s. 10(Sch. item 167.57), repealed by No. 76/2014 s. 8(1), new Pt 6 (Heading and ss 37B–37D) inserted by No. 32/2018 s. 78.\n\n","sortOrder":144},{"sectionNumber":"Part 6","sectionType":"part","heading":"Role of Integrity Oversight Victoria","content":"Part 6—Role of Integrity Oversight Victoria\n\nS. 37B inserted by No. 32/2018 s. 78.\n\n","sortOrder":145},{"sectionNumber":"37B","sectionType":"section","heading":"Regular inspections of records of Victoria Police","content":"\t37B Regular inspections of records of Victoria Police\n\nS. 37B(1) amended by No. 31/2024 s. 113(Sch. 1 item 39.9(a)).\n\n(1) Integrity Oversight Victoria must inspect the records of Victoria Police no later than 6 months after the commencement of this section, and after that initial inspection at intervals of no longer than 6 months, in order to ascertain the extent to which police officers and protective services officers have complied with the following since the last inspection under this section of the records of Victoria Police—\n\n(a) Part 2 (Covert search warrants);\n\n(b) Part 2AA (Preventative police detention);\n\n(c) Part 3A (Special police powers).\n\nS. 37B(2) amended by No. 31/2024 s. 113(Sch. 1 item 39.9(a)).\n\n(2) Integrity Oversight Victoria, at any time, may inspect records of Victoria Police in order to ascertain the extent to which police officers and protective services officers have complied, during any period, with Part 2, 2AA or 3A.\n\nS. 37B(3) amended by No. 31/2024 s. 113(Sch. 1 item 39.9(a)).\n\n(3) Integrity Oversight Victoria must notify, in writing, the Chief Commissioner of the date or dates on which an inspection under subsection (1) will be conducted at least 7 days before the date or dates of inspection.\n\nS. 37B(4) amended by No. 31/2024 s. 113(Sch. 1 item 39.9(b)).\n\n(4) After notifying the Chief Commissioner in accordance with subsection (3), Integrity Oversight Victoria may enter any premises occupied by Victoria Police on the date or dates specified in the notice under that subsection for the purposes of an inspection under subsection (1).\n\nS. 37B(5) amended by No. 31/2024 s. 113(Sch. 1 item 39.9(b)).\n\n(5) In addition, after notifying the Chief Commissioner, Integrity Oversight Victoria may enter at any reasonable time premises occupied by Victoria Police for the purposes of an inspection under subsection (2).\n\nS. 37B(6) amended by No. 31/2024 s. 113(Sch. 1 item 39.9(b)).\n\n(6) On entry into premises occupied by Victoria Police under subsection (4) or (5), Integrity Oversight Victoria—\n\n(a) subject to section 37C(2), is entitled to have full and free access to all records of Victoria Police at, or accessible from, the premises that are relevant to the inspection; and\n\nS. 37B(6)(b) amended by No. 31/2024 s. 113(Sch. 1 item 39.9(b)).\n\n(b) subject to section 37C(3), may require a member of Victoria Police personnel at the premises to give Integrity Oversight Victoria any information that Integrity Oversight Victoria considers necessary, being information that is in the member's possession, or to which the member has access, and that is relevant to the inspection.\n\nS. 37B(7) amended by No. 31/2024 s. 113(Sch. 1 item 39.9(b)).\n\n(7) The Chief Commissioner must ensure that members of Victoria Police personnel give Integrity Oversight Victoria any assistance Integrity Oversight Victoria reasonably requires to enable Integrity Oversight Victoria to perform a function, or exercise a power, under subsection (1), (2), (4), (5) or (6).\n\n***record*** includes part of a record.\n\nS. 37C (Heading) amended by No. 31/2024 s. 113(Sch. 1 item 39.10).\n\nS. 37C inserted by No. 32/2018 s. 78.\n\n\t37C The Chief Integrity Inspector and authorised Integrity Oversight Victoria officers may perform or exercise inspection functions and powers\n\nS. 37C(1) amended by No. 31/2024 s. 113(Sch. 1 item 39.11).\n\n(1) Subject to subsections (2) and (3), the Chief Integrity Inspector or an authorised Integrity Oversight Victoria officer may, on behalf of Integrity Oversight Victoria, perform a function, or exercise a power, of Integrity Oversight Victoria under section 37B(1), (2), (4), (5) or (6).\n\nS. 37C(2) amended by No. 31/2024 s. 113(Sch. 1 item 39.11).\n\n(2) The Chief Integrity Inspector or an authorised Integrity Oversight Victoria officer must not, on behalf of Integrity Oversight Victoria, inspect, under section 37B, a record that is counter-terrorism intelligence unless the Chief Integrity Inspector or authorised Integrity Oversight Victoria officer has been given a security clearance at an appropriate level which enables the Chief Integrity Inspector or authorised Integrity Oversight Victoria officer to inspect that record.\n\nS. 37C(3) amended by No. 31/2024 s. 113(Sch. 1 item 39.11 (a)(c)).\n\n(3) A member of Victoria Police personnel is not required, under section 37B, to give the Chief Integrity Inspector or an authorised Integrity Oversight Victoria officer information that is counter-terrorism intelligence unless the Chief Integrity Inspector or authorised Integrity Oversight Victoria officer has been given a security clearance at an appropriate level which enables the Chief Integrity Inspector or authorised Integrity Oversight Victoria officer to be given that information.\n\nS. 37C(4) amended by No. 31/2024 s. 113(Sch. 1 item 39.11).\n\n(4) On Integrity Oversight Victoria notifying the Chief Commissioner of the date or dates of inspection under section 37B(3), the Chief Commissioner, as soon as practicable after receiving that notification, must advise, in writing, Integrity Oversight Victoria as to the appropriate level of security clearance required for the Chief Integrity Inspector or an authorised Integrity Oversight Victoria officer to enable them to, under section 37B—\n\n(a) inspect a record or class of records that is counter-terrorism intelligence; or\n\n(b) receive information that is counter-terrorism intelligence.\n\nS. 37C(5) amended by No. 31/2024 s. 113(Sch. 1 item 39.12).\n\n(5) Integrity Oversight Victoria may authorise in writing a Integrity Oversight Victoria Officer to perform a function, or exercise a power, under section 37B(1), (2), (4), (5) or (6) on its behalf.\n\nS. 37C(6) def. of *authorised Integrity Oversight Victoria Officer* inserted by No. 31/2024 s. 113(Sch. 1 item 39.13(a)).\n\n***authorised Integrity Oversight Victoria Officer*** means an Integrity Oversight Victoria Officer authorised under subsection (5);\n\nS. 37C(6) def. of *authorised Victorian Inspectorate Officer* repealed by No. 31/2024 s. 113(Sch. 1 item 39.13(c)).\n\nS. 37C(6) def. of *Chief Integrity Inspector* inserted by No. 31/2024 s. 113(Sch. 1 item 39.13(a)).\n\n***Chief Integrity Inspector*** has the same meaning as in the **Integrity Oversight Victoria Act 2011**;\n\nS. 37C(6) def. of *Inspector* repealed by No. 31/2024 s. 113(Sch. 1 item 39.13(c)).\n\nS. 37C(6) def. of *Integrity Oversight Victoria Officer* inserted by No. 31/2024 s. 113(Sch. 1 item 39.13(a)).\n\n***Integrity Oversight Victoria Officer*** has the same meaning as in the **Integrity Oversight Victoria Act 2011**, but does not include the Chief Integrity Inspector within the meaning of that Act;\n\nS. 37C(6) def. of *record* amended by No. 31/2024 s. 113(Sch. 1 item 39.13(b)).\n\n***record*** includes part of a record.\n\nS. 37C(6) def. of *Victorian Inspectorate Officer* repealed by No. 31/2024 s. 113(Sch. 1 item 39.13(c)).\n\nS. 37D (Heading) amended by Nos 47/2021 s. 21, 31/2024 s. 113(Sch. 1 item 39.14).\n\nS. 37D inserted by No. 32/2018 s. 78.\n\n","sortOrder":146},{"sectionNumber":"37D","sectionType":"section","heading":"Reports to Parliament on inspections by Integrity Oversight Victoria","content":"\t37D Reports to Parliament on inspections by Integrity Oversight Victoria\n\nS. 37D(1) amended by No. 31/2024 s. 113(Sch. 1 item 39.15(a)).\n\n(1) Integrity Oversight Victoria must make a report to Parliament at intervals of 6 months on the results of each inspection conducted during that period under section 37B.\n\nS. 37D(2) amended by No. 31/2024 s. 113(Sch. 1 item 39.15(b)).\n\n(2) Before Integrity Oversight Victoria makes a report to Parliament under subsection (1), Integrity Oversight Victoria must—\n\n(a) give the Chief Commissioner a copy of any report under subsection (1); and\n\n(b) give the Chief Commissioner a reasonable opportunity to provide an opinion on the report in accordance with subsection (3).\n\nS. 37D(3) amended by No. 31/2024 s. 113(Sch. 1 item 39.15(b)).\n\n(3) The Chief Commissioner must advise Integrity Oversight Victoria of any information included in a copy of a report received under subsection (2) that, in the Chief Commissioner's opinion, should be excluded from the report before the report is laid before Parliament because the information could reasonably be expected to—\n\n(a) endanger a person's safety; or\n\n(b) prejudice an investigation or prosecution; or\n\n(c) compromise operational activities or methodologies of Victoria Police.\n\nS. 37D(4) amended by No. 31/2024 s. 113(Sch. 1 item 39.15).\n\n(4) Integrity Oversight Victoria must exclude from a copy of the report to be laid before the Parliament under subsection (6) information on which Integrity Oversight Victoria has received advice under subsection (3).\n\nS. 37D(5) amended by No. 31/2024 s. 113(Sch. 1 item 39.15(a)).\n\n(5) Integrity Oversight Victoria must—\n\n(a) cause the report to be transmitted to each House of the Parliament as soon as practicable after 1 January and 1 July each year; and\n\n(b) give a copy of the report to the Minister at the same time as it is transmitted to each House.\n\n(6) The clerk of each House of the Parliament must cause the report to be laid before the House on the day on which it is received or on the next sitting day of that House.\n\nPt 6A (Heading and ss 37E, 37F) inserted by No. 32/2018 s. 78.\n\n","sortOrder":147},{"sectionNumber":"Part 6A","sectionType":"part","heading":"Annual reporting","content":"Part 6A—Annual reporting\n\nS. 37E inserted by No. 32/2018 s. 78.\n\n","sortOrder":148},{"sectionNumber":"37E","sectionType":"section","heading":"Definitions","content":"\t37E Definitions\n\n***covert search warrant*** means a warrant issued under Part 2;\n\n***covert search warrant information*** means the following information in respect of a financial year—\n\n(a) the number of applications for a covert search warrant during that year;\n\n(b) the number of covert search warrants issued during that year;\n\n(c) the number of telephone applications under section 10 during that year;\n\n(d) the number of applications under Part 2 that were refused during that year;\n\n(e) the number of premises covertly entered during that year under a covert search warrant;\n\n(f) the number of occasions on which items were seized from premises during that year under a covert search warrant;\n\n(g) the number of occasions on which items were placed in premises during that year under a covert search warrant;\n\n(h) the number of occasions on which electronic equipment was operated by way of remote entry during that year under a covert search warrant;\n\n***detain and decontaminate*** ***information*** means the following information in respect of each financial year—\n\n(a) the number of authorisations given under Part 3 during that year;\n\n(b) the terms of each authorisation mentioned in paragraph (a) and the period during which it had effect;\n\n(c) a summary of the grounds that were relied on for the giving of an authorisation mentioned in paragraph (a);\n\n(d) a general description of the powers exercised under an authorisation mentioned in paragraph (a) and the manner in which they were exercised;\n\n(e) the result of the exercise of the powers mentioned in paragraph (d);\n\n***police detention decision information*** means the following information in respect of a financial year—\n\n(a) the number of police detention decisions made during that year;\n\n(b) the period of detention of each person detained under Part 2AA;\n\n(c) whether a person mentioned in paragraph (b) was during that year—\n\n(i) released at the end of the maximum police detention period; or\n\n(ii) taken into custody for the purposes of Subdivision (30A) of Division 1 of Part III of the **Crimes Act 1958**; or\n\n(iii) arrested under Division 4 of Part IAA, or Part IC, of the Crimes Act 1914 of the Commonwealth; or\n\n(iv) a protected suspect (within the meaning of Part IC of the Crimes Act 1914 of the Commonwealth); or\n\n(v) detained under a preventative detention order before the end of the maximum police detention period;\n\n(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;\n\n(e) particulars of—\n\n(i) any complaints made or referred to the Ombudsman during that year under the **Ombudsman Act 1973**; and\n\n(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\n\n(iii) any investigations during that year by the IBAC under Part 3 of the **Independent Broad-based Anti‑corruption Commission Act 2011**—\n\nin relation to the detention of a person under a police detention decision;\n\n***preventative detention order information*** means the following information in respect of a financial year—\n\n(a) the number of applications for preventative detention orders that year;\n\n(b) the number of preventative detention orders made during that year;\n\n(c) whether a person was detained under each of those orders and, if so, how long the person was detained;\n\n(d) the number of prohibited contact order applications during that year;\n\n(e) the number of prohibited contact orders made during that year;\n\n(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;\n\n(g) particulars of—\n\n(i) any complaints made or referred to the Ombudsman during that year under the **Ombudsman Act 1973**; and\n\n(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\n\n(iii) any investigations during that year by the IBAC under Part 3 of the **Independent Broad-based Anti‑corruption Commission Act 2011**—\n\nin relation to the detention of a person under a preventative detention order;\n\n***special police powers information***  means the following information in respect of a financial year—\n\n(a) the number of authorisations given under Part 3A during that year;\n\n(b) the terms of each authorisation mentioned in paragraph (a) and the period during which it had effect;\n\n(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);\n\n(d) a summary of the grounds that were relied on for the giving of an authorisation mentioned in paragraph (a);\n\n(e) a general description of the powers exercised under an authorisation mentioned in paragraph (a) and the manner in which they were exercised;\n\n(f) a record of which of these powers mentioned in paragraph (e) were exercised by police officers;\n\n(g) a record of which of these powers mentioned in paragraph (e) were exercised by protective services officers;\n\n(h) the result of the exercise of these powers mentioned in paragraph (e).\n\nS. 37F inserted by No. 32/2018 s. 78.\n\n","sortOrder":149},{"sectionNumber":"37F","sectionType":"section","heading":"Annual reports of Chief Commissioner","content":"\t37F Annual reports of Chief Commissioner\n\n(1) The Chief Commissioner must submit a report to the Minister that includes the following information in respect of each financial year—\n\n(a) covert search warrant information;\n\n(b) detain and decontaminate information;\n\n(c) police detention decision information;\n\n(d) preventative detention order information;\n\n(e) special police powers information;\n\n(f) any other information that the Minister considers appropriate and specifies in writing to the Chief Commissioner.\n\n(2) The report must be submitted to the Minister as soon as practicable but no later than 3 months after the end of each financial year.\n\n(3) The Chief Commissioner must advise the Minister of any information included in the report that, in the Chief Commissioner's opinion, should be excluded from the report before the report is laid before Parliament because the information could reasonably be expected to—\n\n(a) endanger a person's safety; or\n\n(b) prejudice an investigation or prosecution; or\n\n(c) compromise operational activities or methodologies of Victoria Police.\n\n(4) The Minister must exclude from a copy of the report to be laid before the Parliament under subsection (5) information on which the Minister has received advice under subsection (3) if the Minister is satisfied of any of the grounds under that subsection in relation to that information.\n\n(5) The Minister must cause a copy of the report to be laid before each House of the Parliament within 12 sitting days of that House after the Minister receives it.\n\n","sortOrder":150},{"sectionNumber":"Part 7","sectionType":"part","heading":"General","content":"Part 7—General\n\n","sortOrder":151},{"sectionNumber":"38","sectionType":"section","heading":"Review","content":"\t38 Review\n\nS. 38(1) amended by Nos 5/2006 s. 9, 33/2011 s. 3, 68/2012 s. 9, 68/2013 s. 18, 70/2015 s. 14(1).\n\n(1) The Minister must cause a review of the operation of this Act to be undertaken and completed by 31 December 2020.\n\nS. 38(2) amended by Nos 5/2006 s. 9, 33/2011 s. 3, 68/2012 s. 9, 68/2013 s. 18, 70/2015 s. 14(2).\n\n(2) The Minister must cause a copy of the report of the review to be laid before each House of the Parliament by 31 December 2020.\n\nS. 38A inserted by No. 47/2021 s. 23.\n\n","sortOrder":152},{"sectionNumber":"38A","sectionType":"section","heading":"Further review","content":"\t38A Further review\n\n(1) The Minister must cause a review of the operation of this Act to be undertaken.\n\n(2) The review must commence no later than 1 December 2028.\n\n(3) The review must—\n\n(a) assess the ongoing need, effectiveness, fairness and proportionality of the powers and duties under this Act, having regard to the adequacy of the applicable safeguards and oversight mechanisms; and\n\n(b) be undertaken having regard to the views of the community and of relevant entities and independent experts.\n\n(4) The review must be completed within 18 months of its commencement.\n\n(5) The Minister must ensure that the review is tabled before each House of the Parliament as soon as practicable after it is completed.\n\nS. 39 amended by Nos 30/2006 s. 15, 46/2008 s. 289, 73/2013 s. 104(d).\n\n","sortOrder":153},{"sectionNumber":"39","sectionType":"section","heading":"Operation of Act","content":"\t39 Operation of Act\n\nThis Act does not limit the operation of any other law including the **Emergency Management Act 1986** or the **Emergency Management Act** **2013**, the **Public Health and Wellbeing Act** **2008**, the **Surveillance Devices Act 1999** and the **Radiation Act 2005**.\n\nS. 39A inserted by No. 5/2006 s. 10.\n\n","sortOrder":154},{"sectionNumber":"39A","sectionType":"section","heading":"Supreme Court—limitation of jurisdiction","content":"\t39A Supreme Court—limitation of jurisdiction\n\nIt is the intention of section 21J to alter or vary section 85 of the **Constitution Act 1975**.\n\n","sortOrder":155},{"sectionNumber":"40","sectionType":"section","heading":"Regulations","content":"\t40 Regulations\n\n(1) The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.\n\n(2) Regulations made under this Act may be made so as to apply, adopt or incorporate any matter contained in a document formulated or published by any person or body, whether—\n\n(a) without modification or as modified by the regulations; or\n\n(b) as formulated or published at the time the regulations are made or at any time before then; or\n\n(c) as formulated or published from time to time.\n\nS. 40(3) inserted by No. 30/2006 s. 16.\n\n(3) Regulations made under this Act may be made—\n\n(a) so as to apply—\n\n(i) at all times or at a specified time; or\n\n(ii) throughout the whole of the State or in a specified part of the State;\n\n(b) so as to require a matter affected by the regulations to be—\n\n(i) in accordance with a specified standard or specified requirement; or\n\n(ii) approved by or to the satisfaction of a prescribed person;\n\n(c) so as to confer a discretionary authority on a prescribed person;\n\n(d) so as to provide, in a specified case or class of case, for the exemption of persons or things or a class of persons or things from any of the provisions of the regulations, whether unconditionally or on specified conditions and either wholly or to the extent specified.\n\nS. 41 amended by Nos 5/2006 s. 11, 70/2015 s. 15, 47/2021 s. 24.\n\n","sortOrder":156},{"sectionNumber":"41","sectionType":"section","heading":"Expiry","content":"\t41 Expiry\n\nThis Act expires on 1 December 2031.\n\nPt 8 (Heading and ss 42–45) repealed by No. 5/2006 s. 13, new Pt 8 (Heading and new s. 42) inserted by No. 32/2018 s. 40.\n\n","sortOrder":157},{"sectionNumber":"Part 8","sectionType":"part","heading":"Transitional provisions","content":"Part 8—Transitional provisions\n\nNew s. 42 inserted by No. 32/2018 s. 40.\n\n","sortOrder":158},{"sectionNumber":"42","sectionType":"section","heading":"Justice Legislation Amendment (Terrorism) Act 2018—authorised police officers","content":"\t42 Justice Legislation Amendment (Terrorism) Act 2018—authorised police officers\n\nAn appointment under section 13B(2)  \nthat is in effect immediately before the commencement of section 4(3) of the **Justice Legislation Amendment (Terrorism) Act 2018** is taken to be an appointment under section 3(2) on that commencement.\n\nSch. 1 inserted by No. 5/2006 s. 6.\n\nSchedule 1—Conduct of personal searches under Part 3A\n\nSection 21P(3)\n\nSch. 1 cl. 1 amended by Nos 37/2014 s. 10(Sch. item 167.58(a)), 32/2018 s. 63(1).\n\n\t1 Application of Schedule\n\nThis Schedule applies to any search of a person carried out, or authorised to be carried out, by a police officer or protective services officer under Part 3A, except as otherwise provided by this Act or the regulations.\n\n\t2 Definitions\n\nIn this Schedule—\n\n***electronic metal detection device*** means an electronic device that is capable of detecting the presence of metallic objects;\n\n***frisk search*** means—\n\n(a) a search of a person conducted by quickly running the hands over the person's outer clothing or by passing an electronic metal detection device over or in close proximity to the person's outer clothing; and\n\n(b) an examination of anything worn or carried by the person that is conveniently and voluntarily removed by the person, including an examination conducted by passing an electronic metal detection device over or in close proximity to that thing;\n\n***ordinary search*** means a search of a person or of things in the possession or under the control of a person that may include—\n\n(a) requiring the person to remove only his or her overcoat, coat or jacket or similar article of clothing and any gloves, shoes and hat; and\n\n(b) an examination of those items;\n\n***strip search*** means a search of a person or of things in the possession or under the control of a person that may include—\n\n(a) requiring the person to remove all of his or her clothes; and\n\n(b) an examination of the person's body (but not of the person's body cavities) and of those clothes.\n\n\t3 Frisk searches and ordinary searches\n\nSch. 1 cl. 3(1) amended by Nos 37/2014 s. 10(Sch. item 167.58(a)), 32/2018 s. 63(2).\n\n(1) A police officer or protective services officer who is authorised to search a person may carry out a frisk search or an ordinary search of the person for any purpose for which the search may be conducted.\n\nSch. 1 cl. 3(2) amended by Nos 37/2014 s. 10(Sch. item 167.58(b)), 32/2018 s. 63(3).\n\n(2) In conducting a frisk search, a police officer or protective services officer may, if the police officer or protective services officer has asked the person to remove a coat or jacket, treat the person's outer clothing as being the person's outer clothing after the coat or jacket has been removed.\n\nSch. 1 cl. 4 amended by Nos 37/2014 s. 10(Sch. item 167.58(c)(i)), 32/2018 s. 63(4).\n\n\t4 Strip searches\n\nA police officer or protective services officer who is authorised to search a person may only conduct a strip search of the person—\n\n(a) if the person is suspected of being the target of an authorisation; and\n\nSch. 1 cl. 4(b) amended by Nos 37/2014 s. 10(Sch. item 167.58(c)(ii)), 32/2018 s. 63(4).\n\n(b) if the police officer or protective services officer believes on reasonable grounds that it is necessary to conduct a strip search of the person for the purposes of the search and that the seriousness and urgency of the circumstances require the strip search to be carried out.\n\n\t5 Preservation of privacy and dignity during search\n\nSch. 1 cl. 5(1) amended by Nos 37/2014 s. 10(Sch. item 167.58(d)(i)), 32/2018 s. 63(5).\n\n(1) A police officer or protective services officer who searches a person must, as far as is reasonably practicable in the circumstances, comply with this clause.\n\nSch. 1 cl. 5(2) amended by Nos 37/2014 s. 10(Sch. item 167.58(d)(ii)), 32/2018 s. 63(5).\n\n(2) The police officer or protective services officer must inform the person to be searched of the following matters—\n\n(a) whether the person will be required to remove clothing during the search;\n\n(b) why it is necessary to remove the clothing.\n\nSch. 1 cl. 5(3) amended by Nos 37/2014 s. 10(Sch. item 167.58(d)(ii), 32/2018 s. 63(5).\n\n(3) The police officer or protective services officer must ask for the person's co‑operation.\n\nSch. 1 cl. 5(4) amended by Nos 37/2014 s. 10(Sch. item 167.58(d)(ii), 32/2018 s. 63(5).\n\n(4) The police officer or protective services officer must conduct the search—\n\n(a) in a way that provides reasonable privacy for the person searched; and\n\n(b) as quickly as is reasonably practicable.\n\nSch. 1 cl. 5(5) amended by Nos 37/2014 s. 10(Sch. item 167.58(d)(ii), 32/2018 s. 63(5).\n\n(5) The police officer or protective services officer must conduct the least invasive kind of search practicable in the circumstances.\n\nSch. 1 cl. 5(6) amended by Nos 37/2014 s. 10(Sch. item 167.58(d)(iii)), 32/2018 s. 63(6).\n\n(6) The police officer or protective services officer must not search the genital area of the person searched, or in the case of a female or a transgender person who identifies as a female, the person's breasts unless the police officer or protective services officer suspects on reasonable grounds that it is necessary to do so for the purposes of the search.\n\nSch. 1 cl. 5(7) amended by Nos 37/2014 s. 10(Sch. item 167.58(d)(iv)), 32/2018 s. 63(6).\n\n(7) A search must be conducted by a police officer or protective services officer of the same sex as the person searched or by a person of the same sex under the direction of the police officer or protective services officer.\n\n(8) A search of a person must not be carried out while the person is being questioned. If questioning has not been completed before a search is carried out, it must be suspended while the search is carried out.\n\n(9) A person must be allowed to dress as soon as a search is finished.\n\nSch. 1 cl. 5(10) amended by Nos 37/2014 s. 10(Sch. item 167.58(d)(v)), 32/2018 s. 63(5).\n\n(10) If clothing is seized because of the search, the police officer or protective services officer must ensure the person searched is left with or given reasonably appropriate clothing.\n\n(11) In this clause—\n\n***questioning*** of a person means questioning the person or carrying out an investigation (in which the person participates);\n\n***transgender person*** means a person, whether or not the person is a recognised transgender person—\n\n(a) who identifies as a member of the opposite sex, by living, or seeking to live, as a member of the opposite sex; or\n\n(b) who has identified as a member of the opposite sex by living as a member of the opposite sex; or\n\n(c) who, being of indeterminate sex, identifies as a member of a particular sex by living as a member of that sex—\n\nand includes a reference to the person being thought of as a transgender person, whether or not the person is, or was, in fact a transgender person.\n\n\t6 Rules for conduct of strip searches\n\nSch. 1 cl. 6(1) amended by Nos 37/2014 s. 10(Sch. item 167.58(e)), 32/2018 s. 63(7).\n\n(1) A police officer or protective services officer who strip searches a person must, as far as is reasonably practicable in the circumstances, comply with the following—\n\n(a) the strip search must be conducted in a private area;\n\n(b) the strip search must not be conducted in the presence or view of a person who is of the opposite sex to the person being searched;\n\n(c) except as provided by this clause, the strip search must not be conducted in the presence or view of a person whose presence is not necessary for the purposes of the search.\n\n(2) A parent, guardian or personal representative of the person being searched may, if it is reasonably practicable in the circumstances, be present during a search if the person being searched has no objection to that person being present.\n\nSch. 1 cl. 6(3) amended by Nos 37/2014 s. 10(Sch. item 167.58(e)), 32/2018 s. 63(7).\n\n(3) A strip search of a child who is at least 10 years of age but under 18 years of age, or of a person who has impaired intellectual functioning, must be conducted in the presence of a parent or guardian of the person being searched or, if that is not acceptable to the child or person, in the presence of another person (other than a police officer or protective services officer) who is capable of representing the interests of the person and who, as far as is practicable in the circumstances, is acceptable to the person.\n\n(4) Subclause (3) does not apply if a parent, guardian or other acceptable person is not then present and the seriousness and urgency of the circumstances require the strip search to be conducted without delay.\n\n(5) A strip search must not involve a search of a person's body cavities or an examination of the body by touch.\n\n(6) A strip search must not involve the removal of more clothes than the person conducting the search believes on reasonable grounds to be reasonably necessary for the purposes of the search.\n\n(7) A strip search must not involve more visual inspection than the person conducting the search believes on reasonable grounds to be reasonably necessary for the purposes of the search.\n\n(8) A strip search may be conducted in the presence of a medical practitioner of the opposite sex to the person searched if the person being searched has no objection to that person being present.\n\n(9) This clause is in addition to the other requirements of this Act relating to searches.\n\n(10) In this clause—\n\n***impaired intellectual functioning*** means—\n\n(a) total or partial loss of a person's mental functions; or\n\n(b) a disorder or malfunction that results in a person learning differently from a person without the disorder or malfunction; or\n\n(c) a disorder, illness or disease that affects a person's thought processes, perceptions of reality, emotions or judgment, or that results in disturbed behaviour.\n\n\t7 No strip searches of children under 10 years\n\nA strip search must not be conducted on a person who is under the age of 10 years.\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\n*Minister's second reading speech—*\n\n*Legislative Assembly: 27 February 2003*\n\n*Legislative Council: 27 March 2003*\n\nThe long title for the Bill for this Act was \"to provide for the prevention of and response to terrorist acts, to amend the **Freedom of Information Act 1982** and the **Victorian Civil and Administrative Tribunal Act 1998** and for other purposes.\"\n\nThe **Terrorism (Community Protection) Act 2003** was assented to on 15 April 2003 and came into operation as follows:\n\nParts 1, 3, 5, 7 and 8 on 16 April 2003: section 2(1); Part 2 on 16 October 2003: Government Gazette 16 October 2003 page 2624; Part 6 on 25 February 2004: Special Gazette (No. 42) 25 February 2004 page 1; Part 4 on 1 July 2004: section 2(3).\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original section or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.  \nSee section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThis publication incorporates amendments made to the **Terrorism (Community Protection) Act 2003** by Acts and subordinate instruments.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n**Dangerous Goods Legislation (Amendment) Act 2004, No. 67/2004**\n\n| Assent Date: | 19.10.04 |\n| Commencement Date: | S. 17 on 19.10.04: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Terrorism (Community Protection) Act 2003** |\n\n**Parliamentary Administration Act 2005, No. 20/2005**\n\n| Assent Date: | 24.5.05 |\n| Commencement Date: | S. 51 on 1.7.05: s. 2(4) |\n| Current State: | This information relates only to the provision/s amending the **Terrorism (Community Protection) Act 2003** |\n\n**Terrorism (Community Protection) (Amendment) Act 2006, No. 5/2006**\n\n| Assent Date: | 7.3.06 |\n| Commencement Date: | Ss 4–13 on 9.3.06: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Terrorism (Community Protection) Act 2003** |\n\n**Terrorism (Community Protection) (Further Amendment) Act 2006, No. 30/2006**\n\n| Assent Date: | 6.6.06 |\n| Commencement Date: | Ss 4–17 on 7.6.06: s. 2 |\n| Current State: | This information relates only to the provision/s amending the **Terrorism (Community Protection) Act 2003** |\n\n**Children, Youth and Families (Consequential and Other Amendments) Act 2006, No. 48/2006**\n\n| Assent Date: | 15.8.06 |\n| Commencement Date: | S. 42(Sch. item 35) on 23.4.07: s. 2(3) |\n| Current State: | This information relates only to the provision/s amending the **Terrorism (Community Protection) Act 2003** |\n\n**Statute Law Revision Act 2007, No. 28/2007**\n\n| Assent Date: | 26.6.07 |\n| Commencement Date: | S. 3(Sch. item 65) on 27.6.07: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Terrorism (Community Protection) Act 2003** |\n\n**Transport Legislation Amendment Act 2007, No. 69/2007**\n\n| Assent Date: | 11.12.07 |\n| Commencement Date: | Ss 75, 76 on 12.12.07: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Terrorism (Community Protection) Act 2003** |\n\n**Police Integrity Act 2008, No. 34/2008**\n\n| Assent Date: | 1.7.08 |\n| Commencement Date: | S. 143(Sch. 2 item 13) on 5.12.08: Special Gazette (No. 340) 4.12.08 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Terrorism (Community Protection) Act 2003** |\n\n**Public Health and Wellbeing Act 2008, No. 46/2008**\n\n| Assent Date: | 2.9.08 |\n| Commencement Date: | S. 289 on 1.1.10: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Terrorism (Community Protection) Act 2003** |\n\n**Justice Legislation Amendment Act 2009, No. 25/2009**\n\n| Assent Date: | 17.6.09 |\n| Commencement Date: | S. 53 on 18.6.09: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Terrorism (Community Protection) Act 2003** |\n\n**Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009**\n\n| Assent Date: | 24.11.09 |\n| Commencement Date: | S. 97(Sch. item 119) on 1.1.10: Government Gazette 10.12.09 p. 3215 |\n| Current State: | This information relates only to the provision/s amending the **Terrorism (Community Protection) Act 2003** |\n\n**Statute Law Amendment (Evidence Consequential Provisions) Act 2009, No. 69/2009**\n\n| Assent Date: | 24.11.09 |\n| Commencement Date: | S. 54(Sch. Pt 1 item 55), (Sch. Pt 2 item 52) on 1.1.10: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Terrorism (Community Protection) Act 2003** |\n\n**Terrorism (Community Protection) Amendment Act 2011, No. 33/2011**\n\n| Assent Date: | 5.7.11 |\n| Commencement Date: | S. 3 on 6.7.11: s. 2 |\n| Current State: | All of Act in operation |\n\n**Emergency Management Legislation Amendment Act 2011, No. 56/2011** (as amended by No. 43/2012)\n\n| Assent Date: | 2.11.11 |\n| Commencement Date: | S. 32 on 3.11.11: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Terrorism (Community Protection) Act 2003** |\n\n**Public Interest Monitor Act 2011, No. 72/2011**\n\n| Assent Date: | 6.12.11 |\n| Commencement Date: | Ss 44–51 on 10.2.13: Special Gazette (No. 32) 6.2.13 p. 2 |\n| Current State: | This information relates only to the provision/s amending the **Terrorism (Community Protection) Act 2003** |\n\n**Justice Legislation Amendment (Miscellaneous) Act 2012, No. 68/2012**\n\n| Assent Date: | 20.11.12 |\n| Commencement Date: | S. 9 on 21.11.12: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Terrorism (Community Protection) Act 2003** |\n\n**Integrity and Accountability Legislation Amendment Act 2012, No. 82/2012**\n\n| Assent Date: | 18.12.12 |\n| Commencement Date: | S. 167 on 10.2.13: Special Gazette (No. 32) 6.2.13 p. 2; s. 319 on 11.2.13: s. 2(5) |\n| Current State: | This information relates only to the provision/s amending the **Terrorism (Community Protection) Act 2003** |\n\n**Courts and Other Justice Legislation Amendment Act 2013, No. 68/2013**\n\n| Assent Date: | 19.11.13 |\n| Commencement Date: | S. 18 on 19.11.13: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Terrorism (Community Protection) Act 2003** |\n\n**Emergency Management Act 2013, No. 73/2013**\n\n| Assent Date: | 3.12.13 |\n| Commencement Date: | S. 104 on 1.7.14: Special Gazette (No. 148) 13.5.14 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Terrorism (Community Protection) Act 2003** |\n\n**Legal Profession Uniform Law Application Act 2014, No. 17/2014**\n\n| *Assent Date:* | 25.3.14 |\n| *Commencement Date:* | S. 160(Sch. 2 item 97) on 1.7.15: Special Gazette (No. 151) 16.6.15 p. 1 |\n| *Current State:* | This information relates only to the provision/s amending the **Terrorism (Community Protection) Act 2003** |\n\n**Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014**\n\n| Assent Date: | 3.6.14 |\n| Commencement Date: | S. 10(Sch. item 167) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 |\n| Current State: | This information relates only to the provision/s amending the **Terrorism (Community Protection) Act 2003** |\n\n**Emergency Management Amendment (Critical Infrastructure Resilience) Act 2014, No. 76/2014**\n\n| *Assent Date:* | 21.10.14 |\n| *Commencement Date:* | S. 8 on 1.7.15: s. 2(2) |\n| *Current State:* | This information relates only to the provision/s amending the **Terrorism (Community Protection) Act 2003** |\n\n**Statute Law Revision Act 2015, No. 21/2015**\n\n| *Assent Date:* | 16.6.15 |\n| *Commencement Date:* | S. 3(Sch. 1 item 54) on 1.8.15: s. 2(1) |\n| *Current State:* | This information relates only to the provision/s amending the **Terrorism (Community Protection) Act 2003** |\n\n**Terrorism (Community Protection) Amendment Act 2015, No. 70/2015**\n\n| Assent Date: | 15.12.15 |\n| Commencement Date: | 16.12.15: s. 2 |\n| Current State: | This information relates only to the provision/s amending the **Terrorism (Community Protection) Act 2003** |\n\n**Sentencing (Community Correction Order) and Other Acts Amendment Act 2016, No. 65/2016**\n\n| *Assent Date:* | 15.11.16 |\n| *Commencement Date:* | S. 22 on 20.3.17: Special Gazette (No. 17) 31.1.17 p. 1 |\n| *Current State:* | This information relates only to the provision/s amending the **Terrorism (Community Protection) Act 2003** |\n\n**Oaths and Affirmations Act 2018, No. 6/2018**\n\n| Assent Date: | 27.2.18 |\n| Commencement Date: | S. 68(Sch. 2 item 124) on 1.3.19: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Terrorism (Community Protection) Act 2003** |\n\n**Justice Legislation Amendment (Terrorism) Act 2018, No. 32/2018**\n\n| *Assent Date:* | 7.8.18 |\n| *Commencement Date:* | Ss 3–79 on 1.10.18: s. 2(2) |\n| *Current State:* | This information relates only to the provision/s amending the **Terrorism (Community Protection) Act 2003** |\n\n**Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018, No. 33/2018**\n\n| Assent Date: | 14.8.18 |\n| Commencement Date: | S. 105 on 31.7.19: Special Gazette (No. 306) 30.7.19 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Terrorism (Community Protection) Act 2003** |\n\n**Emergency Management Legislation Amendment Act 2018, No. 36/2018**\n\n| Assent Date: | 21.8.18 |\n| Commencement Date: | S. 39 on 30.9.20: Special Gazette (No. 494) 29.9.20 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Terrorism (Community Protection) Act 2003** |\n\n**Firefighters' Presumptive Rights Compensation and Fire Services Legislation Amendment (Reform) Act 2019, No. 20/2019**\n\n| Assent Date: | 2.7.19 |\n| Commencement Date: | S. 190 on 1.7.20: Special Gazette (No. 328) 30.6.20 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Terrorism (Community Protection) Act 2003** |\n\n**Terrorism (Community Protection) Amendment Act 2021, No. 47/2021[[2]](#endnote-3)**\n\n| Assent Date: | 3.11.21 |\n| Commencement Date: | Ss 23, 24 on 4.11.21: s. 2(1); ss 5(3), 8(1)(a), 9(2)(a)(3), 12, 13, 15(7)–(11), 17, 18(2) on 24.2.22: Special Gazette (No. 87) 22.2.22 p. 1; ss 4, 5(1)(2)(4), 6, 7, 8(1)(b)(2)(3), 9(1)(2)(b)(4)(5), 10, 11, 14, 15(1)–(6)(12), 16, 18(1), 19–22 on 2.9.22: s. 2(3) |\n| Current State: | This information relates only to the provision/s amending the **Terrorism (Community Protection) Act 2003** |\n\n**Statute Law Amendment Act 2023, No. 6/2023**\n\n| Assent Date: | 9.5.23 |\n| Commencement Date: | S. 3(Sch. 1 item 6) on 10.5.23: s. 2 |\n| Current State: | This information relates only to the provision/s amending the **Terrorism (Community Protection) Act 2003** |\n\n**Justice Legislation Amendment (Police and Other Matters) Act 2024, No. 2/2024**\n\n| Assent Date: | 20.2.24 |\n| Commencement Date: | Ss 16−41 on 21.2.24: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Terrorism (Community Protection) Act 2003** |\n\n**Justice Legislation Amendment (Integrity, Defamation and Other Matters) Act 2024, No. 31/2024**\n\n| Assent Date: | 10.9.24 |\n| Commencement Date: | Ss 34, 35 on 1.11.24: Special Gazette (No. 579) 29.10.24 p. 1; s. 113(Sch. 1 item 39) on 10.2.25: Special Gazette (No. 648) 26.11.24 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Terrorism (Community Protection) Act 2003** |\n\n**Terrorism (Community Protection) and Control of Weapons Amendment Act 2025, No. 9/2025**\n\n| Assent Date: | 25.3.25 |\n| Commencement Date: | Ss 3–54 on 26.3.25: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Terrorism (Community Protection) Act 2003** |\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Explanatory details\n\n1. S. 10(6): The amendment proposed by section 68(Schedule 2 item 124.3) of the **Oaths and Affirmations Act 2018**, No. 6/2018 is not included in this publication because the word \"sworn\" does not appear in section 10(6).\n\n  Section 68(Schedule 2 item 124.3) reads as follows:\n\n","sortOrder":159},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"Further consequential amendments","content":"  Schedule 2—Further consequential amendments\n\n","sortOrder":160},{"sectionNumber":"124","sectionType":"section","heading":"Terrorism (Community Protection) Act 2003","content":"  124 Terrorism (Community Protection) Act 2003\n\n  124.3 In section 10(6), after \"sworn\" **insert** \"or affirmed\". [↑](#endnote-ref-2)\n\n2. Table of Amendments (**Terrorism (Community Protection) Amendment Act 2021**): The amendment proposed by section 22(15) of the **Terrorism (Community Protection) Amendment Act 2021**, No. 47/2021 to section 13W(3) is not included in this publication as the words \"the Secretary to the Department of Justice and Regulation\" do not appear in section 13W(3).\n\n  Section 22(15) reads as follows:\n\n  22 References to the Secretary\n\n  (15) In section 13W(1) and (3) of the Principal Act, for \"the Secretary to the Department of Justice and Regulation\" **substitute** \"the Secretary\". [↑](#endnote-ref-3)","sortOrder":161}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":930},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":true,"description":"The legislation has grown substantially beyond its original 2003 scope. Initially focused on covert search warrants and chemical reporting, it now includes: preventative detention orders (2006), special police powers for events (2006), counter-terrorism intelligence protection (2018), police detention decisions without immediate judicial approval (2018), and a comprehensive countering violent extremism framework with therapeutic court orders and voluntary case management (2021). The 2021 amendments in particular represent a significant shift toward early intervention and 'soft' counter-terrorism measures, moving beyond purely reactive and investigative powers."},"complexity_factors":["Extensive cross-referencing with Commonwealth laws (Criminal Code, ASIO Act, Crimes Act 1914)","Multiple detention regimes with different time limits and procedures (police detention decisions vs Supreme Court preventative detention orders)","Detailed procedural requirements for children including youth justice facility arrangements and modified application of Children, Youth and Families Act 2005","Complex information sharing framework in Part 4A with 20+ defined terms and multiple authorised disclosers","Nested conditions and exceptions throughout (e.g., questioning prohibition conditions, prohibited contact orders, monitoring exceptions)","Telephone warrant provisions with specific evidentiary requirements","Extensive recording and evidence rules for questioning with multiple offences for non-compliance","Overlapping oversight bodies (Public Interest Monitor, IBAC, Ombudsman, Commission for Children and Young People, Integrity Oversight Victoria) with different roles","Modified application of other Acts (Corrections Act, Children, Youth and Families Act) with explicit precedence rules","2021 amendments adding entirely new countering violent extremism framework with court orders and voluntary plans"],"plain_english_summary":"**What this law does:**\n\nThis is Victoria's main terrorism legislation, giving police extraordinary powers to prevent terrorist attacks and respond to them. It covers several distinct areas:\n\n**1. Preventative detention (Parts 2AA and 2A)**\n- Police can detain adults for up to 4 days, and children aged 14-17 for up to 36 hours, without charge\n- This is to stop imminent terrorist acts or preserve evidence of recent attacks\n- Requires senior police approval and judicial oversight via the Supreme Court for longer detention\n- Strict rules about humane treatment, access to lawyers, and contact with family\n\n**2. Covert search warrants (Part 2)**\n- Police can secretly enter and search premises without the occupier knowing\n- Must get Supreme Court approval based on reasonable suspicion of terrorism\n- Can include remote access to computers and electronic equipment\n\n**3. Special police powers (Part 3A)**\n- During major events or emergencies, police can:\n  - Stop and search people, vehicles, and premises without warrants\n  - Demand identity documents\n  - Establish cordons and roadblocks\n  - Seize items suspected of terrorism connections\n- Requires Chief Commissioner (or Deputy) authorisation, with Premier approval for extended powers\n\n**4. Countering violent extremism (Part 4A, added 2021)**\n- Creates a Multi-Agency Panel to coordinate responses\n- Allows voluntary \"case management\" for people vulnerable to radicalisation\n- Courts can make mandatory \"support and engagement orders\" requiring people to attend counselling, mental health services, education programs, etc.\n- Designed as therapeutic intervention, not punishment\n\n**5. Chemical reporting (Part 4)**\n- Mandatory reporting of theft or loss of dangerous chemicals that could be used in attacks\n\n**6. Intelligence protection (Part 5)**\n- Special procedures to protect sensitive counter-terrorism information in court proceedings\n- Closed hearings and special counsel arrangements\n\n**Who it affects:**\n- Anyone suspected of terrorism involvement\n- People attending major public events\n- Chemical suppliers and handlers\n- Children as young as 14 can be detained (though with enhanced protections)\n\n**Why it matters:**\nThis represents one of the most significant expansions of police power in Victorian history. It allows pre-emptive detention without charge, secret searches, and court-ordered participation in deradicalisation programs. The balance between security and civil liberties is heavily weighted toward prevention, with extensive oversight mechanisms (Public Interest Monitor, Integrity Oversight Victoria, Commission for Children and Young People) attempting to safeguard against abuse."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"Victorian counter-terrorism legislation of this era has typically been amended multiple times since 2003 to expand powers, respond to evolving threat environments, and align with federal reforms. The consolidated version indicates changes from the original 'as made' form, suggesting the scope of powers and the range of covered situations has likely broadened since the Act was first passed."},"complexity_factors":["Intersects with Commonwealth counter-terrorism legislation, requiring understanding of how federal and state laws interact","Involves significant civil liberties considerations — balancing individual rights against public safety powers","Special emergency declaration mechanisms with tiered powers and specific procedural requirements","Multiple agencies involved (police, emergency management bodies, government ministers) with different roles and triggers","Amendments over time (consolidated version) mean the current operative text may differ substantially from the original Act","Overlaps with criminal law, administrative law, and human rights frameworks (including the Victorian Charter of Human Rights)","The provided document contains only metadata, not substantive text, making full analysis impossible and adding interpretive uncertainty"],"plain_english_summary":"## Terrorism (Community Protection) Act 2003 (Victoria)\n\nThis is a Victorian law designed to help authorities **prevent and respond to terrorist acts** within the community.\n\n### What it does:\n- Gives police and government agencies **special powers** to deal with terrorism threats and incidents\n- Allows authorities to take protective measures before, during, and after a terrorist event\n- Sets out rules for how those special powers can be used, and what safeguards exist to prevent abuse\n\n### Who it affects:\n- **Ordinary Victorians** — particularly in situations where police exercise expanded stop, search, or movement-restriction powers in declared terrorist emergency zones\n- **Police and emergency services** — who gain additional tools but must follow strict procedures\n- **People suspected of terrorism-related activity** — who may be subject to questioning, searches, or detention under the Act\n\n### Why it matters:\nThis law gives the state government and police significant extra authority in terrorism situations — powers that go well beyond normal policing. While these powers are meant to protect the community, they can directly affect the rights and freedoms of individuals, including innocent bystanders caught in a designated area during a declared emergency.\n\n> **Note:** The document provided contains only metadata and version history information, not the full legislative text. This summary is based on the Act's known structure and purpose."},"flash_summary":{"complexity_score":10,"scope_assessment":{"changed":true,"description":"The Act has materially grown from its original 2003 core (covert search warrants and terrorism response) into a broad counter‑terrorism architecture. Subsequent inserts and amendments (notably in 2006, 2011, 2018, 2021 and later) added: a short police‑detention regime (Part 2AA) and integrated preventative detention orders; an expansive special‑powers authorisation framework (Part 3A); a counter‑violent‑extremism program with voluntary case management and court‑ordered support‑and‑engagement plans (Part 4A); a complex multi‑agency information‑sharing scheme; and extensive judicial protections for counter‑terrorism intelligence (Part 5), together with new oversight mechanisms (Public Interest Monitor, Integrity Oversight Victoria) and detailed annual reporting duties. These additions extend the Act from operational police powers into service‑delivery, administrative case management and inter‑agency data sharing, increasing state administrative involvement in individual intervention and significantly broadening institutional responsibilities (see s.1 amendments listing new purposes; Part 2AA; Part 4A; Part 5)."},"complexity_factors":["Extensive text: dozens of Parts and hundreds of sections (covert warrants, two detention regimes, special powers, CVE scheme, intelligence protection, oversight, info‑sharing and reporting).","Large interpretation/definitions load: major interpretation section (s.3) plus numerous definitions in Part 4A (CVE) and other Parts—many terms with specific meanings affecting application.","Heavy cross‑referencing to multiple other Acts (Criminal Code (Cth), ASIO Act, Corrections Act, Children, Youth & Families Act, Evidence Act, Privacy/Data Protection Act, Public Interest Monitor Act, etc.).","Layered detention regimes with overlapping triggers and limits (police detention decisions in Part 2AA, preventative detention orders in Part 2A, interplay with corresponding laws and Commonwealth warrants) creating nested conditional logic.","Multiple exceptions and exceptions‑to‑exceptions (e.g. closed‑court rules, when disclosure prohibitions do not apply, procedural aids for special counsel, Premier/Minister delegations and emergency bypasses).","Sizable procedural complexity in court processes: protection applications, closed‑court requirements, special counsel appointment rules, summaries vs protected material, timing limits for making and responding to applications.","Detailed operational rules and safeguards for searches, identification material, questioning (recording, retention, access), and specific child‑protection modifications—many situational conditions.","Complex multi‑agency information‑sharing regime in Part 4A (CVE MAP, central contacts, authorised disclosers, home entities), with layered prohibitions and authorised purposes.","Multiple new oversight and reporting streams (Public Interest Monitor, Integrity Oversight Victoria, annual departmental and police reports) with notification and record‑keeping obligations.","High criminal‑law overlay: numerous disclosure and publication offences carrying heavy penalties tied to factual predicates (knowing/reckless, protected intelligence), increasing legal risk and evidentiary complexity."],"plain_english_summary":"**What this law does (mechanics first)**\n\n- Establishes a comprehensive legal framework for preventing and responding to terrorism in Victoria. The Act gives police, courts and departments a set of powers and processes to: issue covert search warrants (Part 2); detain and question people temporarily by police decision (Part 2AA) or by court order (Part 2A); authorise and regulate special police powers for events, investigations or protection of essential services (Part 3A); and take emergency \"detain and decontaminate\" measures for chemical/biological/radiological threats (Part 3).\n\n- Introduces a separate, non-criminal programme and court route to address people at risk of violent extremism: a voluntary case-management regime (participants and voluntary plans) plus support-and-engagement orders (court-ordered plans) that require participation in specified therapeutic or social services (Part 4A).\n\n- Creates protections for counter-terrorism intelligence used in court (Part 5): procedures for closed hearings, appointment of \"special counsel\" to represent the private interests of affected persons, and criminal offences for unauthorised disclosure of protected material.\n\n- Adds oversight and transparency mechanisms: a Public Interest Monitor (notice and disclosure roles in warrant/detention/order processes), Integrity Oversight Victoria inspections and reporting, requirements for police reporting to oversight bodies, and detailed annual reporting duties (Parts 1A, 6, 6A, and elsewhere).\n\n- Builds an information‑sharing scheme between government agencies and specified program providers to enable case management and the administration of support-and-engagement orders, while also setting out prohibitions where disclosure would prejudice law enforcement or safety (Part 4A Division 6).\n\n- Sets criminal offences and procedural safeguards across detention, questioning and publication areas: limits on contact and disclosure by detainees and others, requirements for audio/video recording of questioning, rules for searches (including strip‑search limits and privacy protections), and publication prohibitions for closed proceedings.\n\n\n**Who it affects**\n\n- Individuals: people suspected of involvement in, or at risk of, terrorist activity may be detained briefly by police (police detention decisions—Part 2AA) or held under court preventative detention orders (Part 2A). Children are specifically addressed (age thresholds, youth‑justice facility rules, additional safeguards). People identified as \"vulnerable to violent extremism\" may be invited into voluntary case management or, in specified circumstances, be subject to court support-and-engagement orders requiring participation in programs. Those detained face restrictions on contact, monitored communications and limits on disclosures.\n\n- Victoria Police and Protective Services Officers: expanded operational powers (covert search warrants; special powers under authorisations; stop/search/cordon/seize; decontamination directions) plus reporting, record‑keeping and oversight obligations.\n\n- Courts and legal profession: Supreme Court, Magistrates' Court and Children's Court run complex civil-style applications (preventative detention, support orders) with closed‑court procedures and must handle counter‑terrorism intelligence protection applications and special counsel appointments. Lawyers and legal aid agencies are implicated in access and representation duties.\n\n- Department of Justice & Community Safety (Secretary) and CVE MAP: new administrative duties to design and deliver voluntary case management plans, coordinate multi‑agency advice (CVE MAP), file reports and manage information sharing.\n\n- Program providers and other public sector bodies: duties and powers to supply information, deliver services under plans, and accept information-sharing requests under the CVE scheme. Businesses or occupiers handling specified chemicals have mandatory reporting obligations for theft or unexplained loss (s.22).\n\n\n**Why it matters (stated purposes and practical trade-offs)**\n\n- Stated purposes: to prevent and respond to terrorist acts; to enable covert searches; to provide police powers to detain and question promptly (short-term police detention) and for longer by court order (preventative detention); to protect counter‑terrorism intelligence used in court; and to establish therapeutic interventions for people vulnerable to or radicalising towards violent extremism.\n\n- Costs and trade-offs (mechanisms, incentives and risks):\n  - Concentrated enforcement benefits accrue to police and security agencies (authorities can detain, search, question, and use special powers); the cost of oversight, implementation and legal processes falls on police, courts and the Department (compliance, training, record keeping, security clearances).\n  - The Act shifts some discretion to senior officials: Chief Commissioner and authorised police officers make detention and authorisation decisions; the Supreme Court and Premier (or delegated Minister) play gate‑keeping roles for authorisations. That discretion speeds operational action but raises implementation risk if policies and procedures are insufficiently clear.\n  - Significant compliance burden and administrative cost for agencies: repeated notice and reporting obligations (to Public Interest Monitor, Integrity Oversight Victoria), record retention and secure handling of protected intelligence, and information‑sharing arrangements between multiple bodies.\n  - Limits on publication and strict disclosure offences (Part 5 and detention divisions) constrain public reporting and might restrict transparency of particular hearings — balanced in the Act by closed‑court procedures, special counsel and statutory protections for privilege. These restrictions also impose criminal liability risks for lawyers, family members, interpreters and others in certain circumstances (the Act specifies offences and defences).\n  - Private‑sector impacts are relatively narrow but concrete: occupiers of premises with prescribed chemicals must report theft/loss; program providers participating in CVE plans must share information under specified conditions, which raises privacy and operational risk for those providers unless robust data controls are used.\n  - Speech and association: the CVE provisions and the Act's definitions of \"extremist material\" and \"radicalising towards violent extremism\" create grounds for interventions and, where courts attach conditions to orders, restrictions on a person's access to or production of extremist material (see Part 4A and s.22AC, s.22CR(3)(e)). The Act preserves legal professional privilege but creates detailed criminal penalties for unauthorised disclosures from within detention or closed hearings (see s.13AZZQ, s.13ZJ, Part 5 offences).\n\n\n**Who decides and who pays**\n\n- Who decides: operational decisions are made by authorised police officers and senior police (Chief Commissioner, nominated senior officers), interim authorisations may require Premier/Minister approval, the Supreme Court controls judicial authorisations, and the Secretary (Dept of Justice & Community Safety) administers CVE programmes and coordinates the CVE MAP. The Public Interest Monitor, Integrity Oversight Victoria and statutory courts exercise oversight functions.\n\n- Who pays: implementation and program delivery costs fall primarily on state agencies (Victoria Police; Department of Justice & Community Safety; courts; oversight bodies). Program providers delivering services under voluntary or court plans may be funded by government contracts or other arrangements; businesses with prescribed chemicals bear the cost of compliance reporting.\n\n\n**Key safeguards and implementation requirements (practical)**\n\n- Multiple procedural safeguards: written records and summaries of grounds (police detention and preventative detention), requirement to notify and involve the Public Interest Monitor for certain applications, requirement to record questioning (audio/video) with retention rules, rules for legal access and monitored contact with lawyers, requirements about treatment/humanity and minimum rest breaks.\n\n- Oversight: reports to Integrity Oversight Victoria; periodic inspections of police records; annual reporting by the Chief Commissioner and Department; criminal penalties for misuse of recordings or unauthorised publication.\n\n- Court and counsel safeguards for protected intelligence: Court may make counter‑terrorism intelligence protection orders and hear relevant parts in closed court; special counsel can be appointed to represent the interests of affected persons while protecting confidential intelligence.\n\n\n**Practical implementation risks and likely friction points**\n\n- Operational complexity in emergencies: multiple approval and reporting chains (Premier/Minister approvals for interim authorisations in some cases; Supreme Court applications for extended authorisations) can create timing friction in urgent situations.\n\n- Resource and capacity demands on police and courts: the Act requires records, supervised periodic reviews, custody arrangements (youth justice/prisons), audio/video equipment and secure retention, plus security clearances for special counsel and oversight officers.\n\n- Privacy and data handling: the information‑sharing regime central to voluntary case management and support orders requires careful design of data protection processes to avoid unlawful disclosures and to meet the Act's prohibitions (section references: Division 6 of Part 4A; s.22EK prohibit list).\n\n- Legal and reputational risk around closed proceedings and disclosure offences: media, NGOs and lawyers will need to navigate publication restrictions and contempt/offence risks.\n\n\n**Representative section references (examples of where to look)**\n\n- What counts as a \"terrorist act\": s.4.\n- Short-term police detention powers and safeguards: Part 2AA (ss.13AA–13AZZZC). Key safeguards include summaries, recordings and monitoring (e.g. ss.13AK–13AL; 13AZK–13AZP), and strict restrictions on disclosure by detainees and others (ss.13AZZP–13AZZW).\n- Preventative detention orders and court processes (longer detention): Part 2A (ss.13A–13ZNO).\n- Covert search warrants: Part 2 (ss.5–12).\n- Special police powers, cordons, stop/search/seize and authorisations: Part 3A (ss.21A–21X).\n- Countering Violent Extremism (voluntary case management and support orders): Part 4A (ss.22A–22EW). Information‑sharing scheme: Division 6 of Part 4A (ss.22EH–22EV).\n- Protection of counter‑terrorism intelligence, closed court rules and special counsel: Part 5 (ss.23–37A).\n- Oversight and reporting: Public Interest Monitor (Part 1A, ss.4C–4N); Integrity Oversight Victoria inspections (Part 6, ss.37B–37D); annual departmental/police reporting (Part 6A, ss.37E–37F).\n\n\n(End of summary.)"}},"importantCases":[],"_links":{"self":"/api/acts/terrorism-community-protection-act-2003","history":"/api/acts/terrorism-community-protection-act-2003/history","analysis":"/api/acts/terrorism-community-protection-act-2003/analysis","conflicts":"/api/acts/terrorism-community-protection-act-2003/conflicts","importantCases":"/api/acts/terrorism-community-protection-act-2003/important-cases","documents":"/api/acts/terrorism-community-protection-act-2003/documents"}}