{"id":"sr:terrorism-community-protection-regulations-2018","name":"Terrorism (Community Protection) Regulations 2018","slug":"terrorism-community-protection-regulations-2018","collection":"regulation","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181269,"registerId":"vic-sr:terrorism-community-protection-regulations-2018-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Terrorism (Community Protection) Regulations 2018","content":"Version No. 003\n\n**Terrorism (Community Protection) Regulations 2018**\n\n**S.R. No. 183/2018**\n\nVersion incorporating amendments as at  \n1 November 2024\n\n**TABLE OF PROVISIONS**\n\n*Regulation Page*\n\nPart 1—Preliminary 1\n\n1 Objectives 1\n\n2 Authorising provision 1\n\n3 Commencement 1\n\n4 Definitions 2\n\nPart 3—Search and seizure requirements 3\n\n10 Manner of conducting search 3\n\n11 Dealing with items seized 4\n\n12 Register of items seized 5\n\nPart 4—Countering Violent Extremism Multi-Agency Panel 6\n\n13 Prescribed Departments 6\n\n═════════════\n\nEndnotes 7\n\n1 General information 7\n\n2 Table of Amendments 9\n\n3 Explanatory details 10\n\n**Version No.** **003**\n\n**Terrorism (Community Protection) Regulations 2018**\n\n**S.R. No. 183/2018**\n\nVersion incorporating amendments as at  \n1 November 2024\n\nPart 1—Preliminary\n\n\t1 Objectives\n\nThe objectives of these Regulations are—\n\nReg. 1(a) revoked by S.R. No. 120/2024 reg. 5.\n\n* * * * *\n\n(b) to prescribe requirements in relation to certain search and seizure procedures under that Act; and\n\n(c) to prescribe other matters for the purposes of that Act.\n\n\t2 Authorising provision\n\nThese Regulations are made under section 40 of the **Terrorism (Community Protection) Act 2003**.\n\n\t3 Commencement\n\nThese Regulations come into operation on 24 October 2018.\n\n\t4 Definitions\n\nIn these Regulations—\n\nReg. 4 defs of *double-sealed envelope, hand delivery* revoked by S.R. No. 120/2024 reg. 6(1).\n\n* * * * *\n\nReg. 4 def. of *the Act* amended by S.R. No. 120/2024 reg. 6(2).\n\n***the Act*** means the **Terrorism (Community Protection) Act 2003**.\n\nReg. 4 defs of *unique identifying number, written receipt* revoked by S.R. No. 120/2024 reg. 6(1).\n\n* * * * *\n\nPt 2 (Heading and regs 5–9) revoked by S.R. No. 120/2024 reg. 7.\n\n* * * * *\n\nPart 3—Search and seizure requirements\n\n\t10 Manner of conducting search\n\n(1) A police officer who conducts a search of a person under section 13AQ or 13T of the Act must do so in one or more of the following ways—\n\n(a) passing a metal detector or any other system or device designed to assist in the detection of metal objects over or in close proximity to the person's outer clothing;\n\n(b) running the police officer's hands over the person's outer clothing;\n\n(c) requesting the person to remove outer clothing so that the police officer may—\n\n(i) pass a metal detector or any other system or device designed to assist in the detection of metal objects over or in close proximity to the person's clothing that was immediately under the outer clothing; or\n\n(ii) run the police officer's hands over the person's clothing that was immediately under the outer clothing; or\n\n(iii) examine the outer clothing.\n\n(2) Before conducting a search of a person under section 13AQ or 13T of the Act, the police officer who is to conduct the search must, if reasonably practicable, ask the person who is to be searched if they have in their possession any item 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; or\n\n(d) is evidence of, or relates to, a terrorist act.\n\n(3) A search under section 13AQ or 13T of the Act must—\n\n(a) if reasonably practicable, be conducted by a police officer who is of the same gender as the gender identified by the person to be searched; and\n\n(b) not be conducted by more police officers than are reasonably necessary to ensure the safety of the police officers and the person to be searched.\n\n\t11 Dealing with items seized\n\n(1) For the purposes of sections 13AQ and 13T of the Act, a police officer carrying out a search must deal with an item seized in accordance with this regulation.\n\n(2) If the item may be required as evidence of an offence, the police officer in charge of the place of detention must direct that the item be retained.\n\n(3) If subregulation (2) does not apply, the police officer in charge of the place of detention must direct that the item be—\n\n(a) returned to the owner of the item if reasonably practicable in the circumstances and the police officer in charge forms the reasonable belief that the person from whom the item was seized is not entitled at law to possess it; or\n\n(b) stored as part of the property of the detained person from whom the item was seized.\n\n\t12 Register of items seized\n\n(1) The Chief Commissioner must maintain a register of items seized under sections 13AQ and 13T of the Act.\n\n(2) If an item is seized during a search under section 13AQ or 13T of the Act, the Chief Commissioner must ensure that the following information is entered in the register maintained under subregulation (1)—\n\n(a) the name of the person from whom the item was seized (if known);\n\n(b) the date and time of the seizure;\n\n(c) a description of the item seized;\n\n(d) details of the discovery of the item;\n\n(e) the name and signature of the police officer who seized the item;\n\n(f) details of the manner in which the item was dealt with.\n\nPt 4 (Heading and reg. 13) inserted by S.R. No. 91/2022 reg. 3.\n\nPart 4—Countering Violent Extremism Multi-Agency Panel\n\nReg. 13 inserted by S.R. No. 91/2022 reg. 3.\n\n\t13 Prescribed Departments\n\nThe following Departments are prescribed Departments for the purposes of section 22AU(3)(b) and (4)(b) of the Act—\n\n(a) Department of Education and Training;\n\n(b) Department of Families, Fairness and Housing;\n\n(c) Department of Health;\n\n(d) Department of Jobs, Precincts and Regions.\n\n**Note**\n\nIf the name of a particular Department is changed under the **Public Administration Act 2004**, the reference to that Department in these Regulations is, from the date when the name is changed and so far as it relates to any period on or after that date, to be taken to be a reference to the Department by its new name—see section 38AAA of the **Interpretation of Legislation Act 1984**.\n\n═════════════\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\nThe Terrorism (Community Protection) Regulations 2018, S.R. No. 183/2018 were made on 24 October 2018 by the Governor in Council under section 40 of the **Terrorism (Community Protection) Act 2003**, No. 7/2003 and came into operation on 24 October 2018: regulation 3.\n\nThe Terrorism (Community Protection) Regulations 2018 will sunset 10 years after the day of making on 24 October 2028 (see section 5 of the **Subordinate Legislation Act 1994**).\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 regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original regulation, rule 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 a Statutory Rule which is made on or after  \n1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nThis includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.  \nSee section 36(1A)(2A)(2B).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in a Statutory Rule which is made on or after  \n1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nSee section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after  \n1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule 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 a Statutory Rule 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 a Statutory Rule. See section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThis publication incorporates amendments made to the Terrorism (Community Protection) Regulations 2018 by statutory rules, subordinate instruments and Acts.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\nTerrorism (Community Protection) Amendment Regulations 2022, S.R. No. 91/2022\n\n| *Date of Making:* | 27.9.22 |\n| --- | --- |\n| *Date of Commencement:* | 27.9.22 |\n\n\nTerrorism (Community Protection) Amendment Regulations 2024, S.R. No. 120/2024\n\n| *Date of Making:* | 29.10.24 |\n| --- | --- |\n| *Date of Commencement:* | 1.11.24: reg. 3 |\n\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Explanatory details\n\nNo entries at date of publication.","sortOrder":0}],"analysis":{"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"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":true,"description":"The legislation has shrunk significantly from its original scope. The 2024 amendments (S.R. No. 120/2024) revoked all of Part 2 (regulations 5-9) and removed four defined terms ('double-sealed envelope', 'hand delivery', 'unique identifying number', 'written receipt'). This suggests the original regulations covered additional procedural requirements (possibly related to evidence handling or detention protocols) that have since been removed or consolidated elsewhere. The 2022 addition of Part 4 expanded scope to include the Countering Violent Extremism Multi-Agency Panel, but the net effect is a leaner instrument focused on search procedures and agency coordination."},"complexity_factors":["Short length (13 regulations, with Parts 2 and significant definitions recently revoked)","Minimal defined terms (only 'the Act' currently defined, following revocation of four definitions in 2024)","Straightforward procedural structure without nested exceptions","Simple conditional logic ('if reasonably practicable', 'if subregulation (2) does not apply')","Limited cross-referencing (primarily to sections 13AQ, 13T, and 22AU of the parent Act)","Recent amendments removed content rather than adding complexity (Part 2 and multiple definitions revoked in 2024)"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set out the practical rules for how Victorian police conduct searches and handle seized items under Victoria's terrorism laws. They also specify which government departments sit on a panel that coordinates efforts to counter violent extremism.\n\n**Who it affects:**\n\n* **People being searched** under terrorism-related detention powers (specifically under sections 13AQ and 13T of the Terrorism (Community Protection) Act 2003)\n* **Victoria Police officers** who must follow these procedures when conducting searches\n* **Four Victorian Government departments** that are now formally part of the Countering Violent Extremism Multi-Agency Panel: Education and Training; Families, Fairness and Housing; Health; and Jobs, Precincts and Regions\n\n**Key requirements:**\n\n**For searches:**\n* Police must conduct searches using specific methods—metal detectors, pat-downs of outer clothing, or asking the person to remove outer clothing for further examination\n* Before searching, officers must ask if the person has anything dangerous, something that could help them escape, something that could contact others remotely, or evidence of terrorism\n* Searches should be done by an officer of the same gender as the person identifies, where reasonably possible\n* Only as many officers as necessary for safety should be present\n\n**For seized items:**\n* Items needed as evidence must be kept\n* Other items must either be returned to the owner (if the detained person isn't legally entitled to possess them) or stored as the detained person's property\n* The Chief Commissioner must keep a detailed register of every item seized, including what it is, when it was taken, who took it, and what happened to it\n\n**Why it matters:**\n\nThese regulations put guardrails around extraordinary police powers. They ensure searches are conducted respectfully and consistently, create accountability through record-keeping, and establish which agencies collaborate on preventing radicalisation and violent extremism in Victoria."},"summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"Based on the limited text available, there is no clear evidence that the scope of these regulations has shifted materially from the original intent of supporting Victoria's terrorism community protection framework. However, the severely truncated nature of the source document means this assessment is made with low confidence — amendments visible in the version history could indicate scope changes that cannot be evaluated from the text provided."},"complexity_factors":["Regulations sit beneath and must be read alongside a parent Act (Terrorism (Community Protection) Act), requiring cross-referencing of multiple instruments","Subject matter intersects with serious civil liberties issues including detention without charge and movement restrictions","Terrorism law in Australia involves overlapping Commonwealth and State jurisdictions, adding interpretive complexity","The source document is severely truncated and contains formatting errors, making the actual operative provisions impossible to fully assess","Anti-terrorism regulatory frameworks typically include sensitive procedural requirements for law enforcement that carry strict compliance obligations","Version history suggests the regulations have been amended, meaning readers must identify the correct operative version"],"plain_english_summary":"These regulations set out the technical and administrative rules that make Victoria’s Terrorism (Community Protection) Act operational — prescribed forms, fees, procedures and definitions that support control orders and preventative detention. \n\nThey affect individuals who may face restrictions or short-term detention, law enforcement and legal advisers, and the wider community, because they shape how preventive powers are exercised and impact civil liberties even absent criminal charges."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The instrument's scope has been altered by later amendments: Part 2 and several definitions were revoked (S.R. No. 120/2024), narrowing or removing earlier procedural definitions, while Part 4 (Reg 13) was inserted in 2022 to prescribe Departments for the Countering Violent Extremism multi-agency panel (S.R. No. 91/2022). These changes shift content from definitional/procedural material to operational search/seizure requirements and fixed inter-agency membership, so users must consult amendment history to determine current coverage."},"complexity_factors":["Dependence on the principal Act: these Regulations only operate in the context of searches under sections 13AQ or 13T of the Terrorism (Community Protection) Act 2003, so understanding scope requires cross-reference to those Act provisions (Reg 10 heading; Reg 11 heading).","Operational detail and limited methods: Reg 10(1) prescribes specific search methods (metal detector, hands-over-outer-clothing, removal of outer clothing for limited further checks), which is straightforward but prescriptive for operational practice.","Discretionary standards and reasonableness tests: multiple provisions use 'if reasonably practicable' and 'reasonable belief' (Reg 10(2), Reg 10(3)(a)-(b), Reg 11(3)(a)), creating case-by-case officer judgment and potential ambiguity in application.","Chain-of-command decision points: decisions about retaining items as evidence or returning/storing them rest with the police officer in charge of the place of detention (Reg 11(2)-(3)), concentrating operational discretion at that point.","Evidence-handling threshold: retention is triggered if an item 'may be required as evidence' (Reg 11(2)), an open standard that can expand retention practices and affect detainee property rights.","Record-keeping obligations: the Chief Commissioner must maintain a register with specified fields (Reg 12(1)-(2)), imposing administrative burden and a clear accountability point for audit and enquiries.","Amendments and revoked provisions: several definitions and an entire Part 2 were revoked by later statutory rules (see notes to Reg 4 and Pt 2 revoked by S.R. No. 120/2024 reg. 7), so current interpretation requires attention to amendment history.","Inter-agency prescription added: Reg 13 (inserted S.R. No. 91/2022) prescribes specific Departments for the multi-agency panel (Reg 13(a)-(d)), which fixes administrative participants rather than leaving membership to broader delegation.","Temporal limitation: the Endnotes record a 10-year sunset (statutory rule will sunset on 24 Oct 2028), so the instrument has a finite statutory life unless renewed."],"plain_english_summary":"These Regulations set out how police must carry out searches and manage items seized under specified powers in the Terrorism (Community Protection) Act 2003. They require particular search methods, pre-search enquiries when practicable, gender-appropriate searching where practicable, rules for retaining, returning or storing seized items, and a register of seized items. They also list which government departments are prescribed to sit on a Countering Violent Extremism multi-agency panel. The rules affect police, detained persons, the Chief Commissioner and the listed departments."}},"importantCases":[],"_links":{"self":"/api/acts/terrorism-community-protection-regulations-2018","history":"/api/acts/terrorism-community-protection-regulations-2018/history","analysis":"/api/acts/terrorism-community-protection-regulations-2018/analysis","conflicts":"/api/acts/terrorism-community-protection-regulations-2018/conflicts","importantCases":"/api/acts/terrorism-community-protection-regulations-2018/important-cases","documents":"/api/acts/terrorism-community-protection-regulations-2018/documents"}}