Version incorporating amendments as at
1 November 2024
TABLE OF PROVISIONS
Regulation Page
Part 1—Preliminary 1
1 Objective 1
2 Authorising provision 1
3 Commencement 1
4 Revocations 1
5 Definitions 2
Part 2—Notification of applications 8
6 Application of Part 8
7 Notification of application 8
8 Notifications related to scheduling of hearing 9
9 Notification of change in application details 9
10 Confirmation of notification 9
Part 2A—Notification requirements for a police detention decision or periodic review 10
10A Notification of police detention decision 10
10B Notification of periodic review 11
10C Notification of end of detention 12
10D Notification of change in details in respect of a police detention decision or periodic review 12
10E Confirmation of notification 13
Part 3—Notification of adverse matters 14
11 Notification of matters adverse to an application 14
12 Notification of matters adverse to the making of a police detention decision or conduct of a periodic review 15
Part 4—Documents to be given to a Public Interest Monitor 16
13 Notification of application or supporting affidavit 16
14 Confirmation of notification of application or supporting affidavit 17
15 Documents provided in relation to a police detention decision or periodic review 17
16 Confirmation of receipt of documents provided in relation to a police detention decision or periodic review 17
Part 5—Hearing of applications and conduct of periodic reviews 18
17 Notification of further information requested by issuing authority 18
18 Confirmation of receipt of further information 19
19 Public Interest Monitor not reasonably able to be contacted—application 19
20 Public Interest Monitor not reasonably able to be contacted—periodic review 21
21 Confirmation of notification that application or periodic review has proceeded 23
Part 6—Other notifications 24
22 Notification of resumed hearings 24
23 Confirmation of notification of resumed hearing 24
24 Notification of discontinued order 24
25 Confirmation of notification of discontinued order 25
26 Notification of revoked order or warrant 25
27 Confirmation of notification of revoked order or warrant 26
Part 7—Security and record keeping 27
28 Dealing with law enforcement data 27
29 Document register to be kept 28
30 Storage of documents 29
31 Return of application documents 29
32 Confirmation documents have been returned 30
═════════════
Endnotes 32
1 General information 32
2 Table of Amendments 34
3 Explanatory details 35
Version No.002
Public Interest Monitor Regulations 2023
S.R. No. 4/2023
Version incorporating amendments as at
1 November 2024
Part 1—Preliminary
1 Objective
The objective of these Regulations is to prescribe matters for the purposes of the Public Interest Monitor Act 2011, including prescribing—
(a) the method for notifying, or giving information to, a Public Interest Monitor; and
(b) the security and record keeping obligations of Public Interest Monitors; and
(c) other matters for the purposes of that Act.
2 Authorising provision
These Regulations are made under section 21 of the Public Interest Monitor Act 2011.
3 Commencement
These Regulations come into operation on 4 February 2023.
4 Revocations
The following Regulations are revoked—
(a) the Public Interest Monitor Regulations 2013[1];
(b) the Public Interest Monitor Amendment Regulations 2018[2];
(c) the Public Interest Monitor Amendment Regulations 2021[3].
5 Definitions
In these Regulations—
authorised police officer has the same meaning as in the Terrorism (Community Protection) Act 2003;
double-sealed envelope means a process whereby—
(a) documents are enclosed in an envelope (the inner envelope) which is sealed and displays markings indicating the security classification level of the documents; and
(b) the inner envelope is then enclosed in a second envelope which is sealed;
eligible Judge has the same meaning as in the Telecommunications (Interception and Access) Act 1979 of the Commonwealth;
hand delivery means delivery of a hard copy of a notification in writing;
Reg. 5 def. of issuing authority amended by S.R. No. 119/2024 reg. 5(1).
issuing authority means—
(a) the Supreme Court in relation to an application for—
(i) a coercive powers order; or
(ii) the extension or variation of a coercive powers order; or
(iii) an assistance order; or
(iv) a covert search warrant; or
(v) a preventative detention order; or
(vi) the extension, variation or revocation of a preventative detention order; or
(vii) a prohibited contact order; or
(viii) the variation or revocation of a prohibited contact order; or
(ix) a counter-terrorism intelligence protection order; or
(b) a Judge of the Supreme Court or a magistrate in relation to an application for—
(i) a surveillance device warrant; or
(ii) the extension or variation of a surveillance device warrant; or
(iii) a retrieval warrant; or
(iv) the approval of an emergency authorisation; or
(c) an eligible Judge or nominated AAT member in relation to an application for—
(i) a telecommunications interception warrant; or
(ii) the renewal of a telecommunications interception warrant; or
(iii) an international production order;
law enforcement data means any information obtained, received or held by a law enforcement agency—
(a) for the purpose of one or more of its, or any other law enforcement agency's, law enforcement functions or activities; or
(b) for the enforcement of laws relating to the confiscation of the proceeds of crime; or
(c) in connection with the conduct of proceedings commenced, or about to be commenced, in any court or tribunal; or
(d) for the purposes of its community law enforcement functions;
member of Victoria Police personnel has the same meaning as in the Victoria Police Act 2013;
nominated AAT member has the same meaning as in the Telecommunications (Interception and Access) Act 1979 of the Commonwealth;
nominated senior police officer has the same meaning as in the Terrorism (Community Protection) Act 2003;
Reg. 5 def. of periodic review revoked by S.R. No. 119/2024 reg. 5(4).
Reg. 5 def. of police detention decision revoked by S.R. No. 119/2024 reg. 5(4).
Reg. 5 def. of remote application amended by S.R. No. 119/2024 reg. 5(2).
remote application, in the case of—
(a) an application for a surveillance device warrant or a retrieval warrant, has the same meaning as in the Surveillance Devices Act 1999; or
(b) an application for the extension or variation of a surveillance device warrant or an assistance order, means an application made in the manner described in either section 16 or 20D of the Surveillance Devices Act 1999; or
(c) an application for a coercive powers order or the extension or variation of a coercive powers order, means an application made in the manner described in section 6 of the Major Crime (Investigative Powers) Act 2004; or
(d) an application for a covert search warrant, means an application made in the manner described in section 10 of the Terrorism (Community Protection) Act 2003; or
(e) an application for a telephone interception warrant or the renewal of a telephone interception warrant, means an application made in the manner described in section 40(2) of the Telecommunications (Interception and Access) Act 1979 of the Commonwealth; or
(f) an application for an international production order, means an application made in the manner described in sections 23(2) and 53(2) of Schedule 1 to the Telecommunications (Interception and Access) Act 1979 of the Commonwealth;
secure delivery means delivery of documents or information—
(a) in a double-sealed envelope by—
(i) a member of the law enforcement agency that made the application to which the documents relate; or
(ii) a member of Victoria Police personnel; or
(iii) a secure courier; or
(b) by secure attachment to an email; or
(c) by other secure electronic means;
unique identifying number means a unique number or name assigned for reference purposes—
(a) to an application by an applicant; or
(b) to a police detention decision by a member of Victoria Police personnel;
Reg. 5 def. of written receipt amended by S.R. No. 119/2024 reg. 5(3).
written receipt means a receipt given by a Public Interest Monitor that specifies—
(a) the unique identifying number of the application or police detention decision to which the notification or documents relate; and
(b) the type of notification or documents that the Public Interest Monitor has received and the regulation under which the notification was made or the documents were delivered (as the case may be); and
(ba) the date that the Public Interest Monitor received the notification or documents; and
(c) if the notification included other documents, a list of those documents.
Example
A copy of an application, a supporting affidavit or further information requested by the issuing authority.
Part 2—Notification of applications
6 Application of Part
This Part applies in relation to—
(a) section 5(5A) of the Major Crime (Investigative Powers) Act 2004; and
(b) sections 15(6A), 20C(6A), 21(2A) and 28(2A) of the Surveillance Devices Act 1999; and
Reg. 6(c) amended by S.R. No. 119/2024 reg. 6.
(c) sections 4A(1) and 4G(1) of the Telecommunications (Interception) (State Provisions) Act 1988; and
(d) sections 7A, 13DA, 13I(5A), 13L(4A), 13M(4A), 13O(7A) and 26 of the Terrorism (Community Protection) Act 2003.
7 Notification of application
A notification of an application to which this Part applies must—
(a) be given as soon as practicable after the applicant decides to make the application; and
(b) be made—
(i) by telephone if the application is a remote application; or
(ii) by email or hand delivery in any other case; and
(c) include the following details—
(i) the application's unique identifying number;
(ii) the type of application to be made;
(iii) the issuing authority to which the application is to be made;
(iv) whether the application is to be made in writing or by telephone;
(v) an estimate of when the applicant will give a Public Interest Monitor a copy of the application and supporting affidavit.
8 Notifications related to scheduling of hearing
(1) Unless it is impracticable to do so, an applicant must notify a Public Interest Monitor by telephone or email for the purposes of ascertaining a Public Interest Monitor's availability to attend the hearing of an application.
(2) A notification under subregulation (1) must be made before the applicant applies to the issuing authority.
(3) An applicant must notify a Public Interest Monitor by email or hand delivery of the scheduled time, date and place of the hearing as soon as practicable after those details are known, unless the application is a remote application.
9 Notification of change in application details
An applicant must notify a Public Interest Monitor by email or hand delivery of a change to any of the details included in a notification under regulation 7 or 8 as soon as practicable after becoming aware of the change.
10 Confirmation of notification
A Public Interest Monitor must give an applicant a written receipt as soon as practicable after being notified under regulation 7, 8 or 9.
Pt 2A (Heading and regs 10A–10E) inserted by S.R. No. 119/2024 reg. 7.
Part 2A—Notification requirements for a police detention decision or periodic review
Reg. 10A inserted by S.R. No. 119/2024 reg. 7.
10A Notification of police detention decision
A notification under section 4G(1) of the Terrorism (Community Protection) Act 2003 must—
(a) be made by one of the following methods, after consultation by the authorised police officer with a Public Interest Monitor—
(i) in a double-sealed envelope by a member of Victoria Police personnel;
(ii) in a double-sealed envelope by a secure courier;
(iii) email;
(iv) hand delivery by a member of Victoria Police personnel; and
(b) if the written copy of the police detention decision has not yet been given to the Public Interest Monitor, include the date and time the Public Interest Monitor will be given a copy of the written record of the police detention decision under section 4L of the Terrorism (Community Protection) Act 2003; and
(c) include a unique identifying number.
Notes
1 See the Table in section 4G(1) of the Terrorism (Community Protection) Act 2003 for further requirements in relation to notifications under that section.
2 See regulation 15 for the requirements in relation to delivery of a copy of the written record of a police detention decision to a Public Interest Monitor.
Reg. 10B inserted by S.R. No. 119/2024 reg. 7.
10B Notification of periodic review
A notification under section 4H(1)(a) of the Terrorism (Community Protection) Act 2003 must—
(a) be made by one of the following methods, after consultation by the nominated senior police officer with a Public Interest Monitor—
(i) in a double-sealed envelope by a member of Victoria Police personnel;
(ii) in a double-sealed envelope by a secure courier;
(iii) email;
(iv) hand delivery by a member of Victoria Police personnel; and
(b) include the following details—
(i) the date, time and place of the periodic review;
(ii) the unique identifying number;
(iii) the date and time the Public Interest Monitor will be given access to documents or information under section 4M of the Terrorism (Community Protection) Act 2003;
(iv) the date and time at which the maximum period of police detention in relation to the person will be reached.
Reg. 10C inserted by S.R. No. 119/2024 reg. 7.
10C Notification of end of detention
A notification under section 4H(1)(b) of the Terrorism (Community Protection) Act 2003 must—
(a) be made by one of the following methods, after consultation by the nominated senior police officer with a Public Interest Monitor—
(i) in a double-sealed envelope by a member of Victoria Police personnel;
(ii) in a double-sealed envelope by a secure courier;
(iii) email;
(iv) hand delivery by a member of Victoria Police personnel; and
(b) include the following details—
(i) the date and time the detention of the person under Part 2AA of the Terrorism (Community Protection) Act 2003 ended;
(ii) the unique identifying number.
Reg. 10D inserted by S.R. No. 119/2024 reg. 7.
10D Notification of change in details in respect of a police detention decision or periodic review
A nominated senior police officer must notify a Public Interest Monitor by email or hand delivery of a change to any details included in a notification under regulation 10B or 10C as soon as practicable after becoming aware of the change.
Reg. 10E inserted by S.R. No. 119/2024 reg. 7.
10E Confirmation of notification
As soon as practicable after being notified under this Part, a Public Interest Monitor must give the authorised police officer or nominated senior police officer who provided the notification a written receipt.
Part 3—Notification of adverse matters
11 Notification of matters adverse to an application
(1) This regulation applies in relation to—
(a) section 3C(1) of the Major Crime (Investigative Powers) Act 2004; and
(b) section 12C(1) of the Surveillance Devices Act 1999; and
Reg. 11(1)(c) amended by S.R. No. 119/2024 reg. 8.
(c) sections 4B(1) and 4H(1) of the Telecommunications (Interception) (State Provisions) Act 1988; and
(d) section 4E(1) of the Terrorism (Community Protection) Act 2003.
(2) If an applicant is required to disclose matters that are adverse to an application to a Public Interest Monitor, the applicant must notify the Public Interest Monitor by—
(a) in the case of an application with a supporting affidavit (whether sworn or unsworn)—
(i) stating those matters in the supporting affidavit; and
(ii) stating in the supporting affidavit either that all those matters have been disclosed or that the applicant is unaware of any such matters (as the case may be); or
(b) in the case of an application in respect of which no supporting affidavit is given at the time the application is made, stating those matters or confirming that the applicant is not aware of any such matters (as the case may be) during the hearing of the application.
12 Notification of matters adverse to the making of a police detention decision or conduct of a periodic review
(1) A person to whom section 4I(1) of the Terrorism (Community Protection) Act 2003 applies must notify a Public Interest Monitor by stating those matters in writing, or confirming in writing that the person is not aware of any such matters (as the case may be).
(2) A notification under subregulation (1) must be made by secure delivery.
Part 4—Documents to be given to a Public Interest Monitor
13 Notification of application or supporting affidavit
(1) This regulation applies in relation to—
(a) section 3B(1) and (3) of the Major Crime (Investigative Powers) Act 2004; and
(b) section 12B(1) and (2) of the Surveillance Devices Act 1999; and
Reg. 13(1)(c) amended by S.R. No. 119/2024 reg. 9.
(c) sections 4A(2) and (3) and 4G(2) and (3) of the Telecommunications (Interception) (State Provisions) Act 1988; and
(d) section 4D(1) and (2) of the Terrorism (Community Protection) Act 2003.
(2) If an applicant is required to give a Public Interest Monitor a copy of an application or a supporting affidavit, the applicant must do so by notifying a Public Interest Monitor—
(a) as soon as practicable after the application or supporting affidavit has been prepared but, in any case, before the hearing of the application; and
(b) by secure delivery.
(3) A notification under subregulation (2) must—
(a) specify the application's unique identifying number; and
(b) include a copy of the application or supporting affidavit.
14 Confirmation of notification of application or supporting affidavit
A Public Interest Monitor must give an applicant a written receipt as soon as practicable after being notified under regulation 13.
15 Documents provided in relation to a police detention decision or periodic review
(1) A copy of the written record of a police detention decision to be given to a Public Interest Monitor under section 4L of the Terrorism (Community Protection) Act 2003 must be provided by secure delivery.
Reg. 15(2) substituted by S.R. No. 119/2024 reg. 10.
(2) If access to a document or information under section 4M of the Terrorism (Community Protection) Act 2003 is to be given by delivery to a Public Interest Monitor, delivery must—
(a) take place as soon as practicable but before the conduct of the periodic review in relation to which the document or information is given; and
(b) be by secure delivery.
16 Confirmation of receipt of documents provided in relation to a police detention decision or periodic review
A Public Interest Monitor must give the authorised police officer or nominated senior police officer who provided delivery of a document in accordance with regulation 15 a written receipt as soon as practicable after receiving the document.
Part 5—Hearing of applications and conduct of periodic reviews
17 Notification of further information requested by issuing authority
(1) This regulation applies in relation to—
(a) section 3B(2) of the Major Crime (Investigative Powers) Act 2004; and
Reg. 17(1)(b) amended by S.R. No. 119/2024 reg. 11.
(b) sections 4C and 4I of the Telecommunications (Interception) (State Provisions) Act 1988.
(2) If an applicant is required to give a Public Interest Monitor further information that was requested by an issuing authority, the applicant must do so by notifying a Public Interest Monitor—
(a) either before giving the further information to the issuing authority or as soon as practicable after giving the further information to the issuing authority; and
(b) by secure delivery.
(3) A notification under subregulation (2) must—
(a) specify the application's unique identifying number; and
(b) include a copy of the further information.
(4) For the purposes of subregulation (3)(b), if the applicant gave the requested information to the issuing authority verbally and a Public Interest Monitor was not present at that time, the applicant need only give a written record that states the substance of that information.
Note
A written record is not required to give a verbatim record of the information given verbally to the issuing authority.
(5) Subregulation (2) does not apply if the applicant gave the requested information to the issuing authority verbally and a Public Interest Monitor was present at that time.
18 Confirmation of receipt of further information
A Public Interest Monitor must give an applicant a written receipt as soon as practicable after being notified under regulation 17.
19 Public Interest Monitor not reasonably able to be contacted—application
(1) This regulation applies in relation to—
(a) section 3D(3) of the Major Crime (Investigative Powers) Act 2004; and
(b) section 4F(3) of the Terrorism (Community Protection) Act 2003.
(2) The circumstances under which a Public Interest Monitor is not reasonably able to be contacted include the following—
(a) an applicant has made reasonable attempts to comply with the notification requirements under Part 2 but a Public Interest Monitor has either been unavailable or has not acknowledged receipt of a notification;
(b) an applicant has notified a Public Interest Monitor of an application under Part 2 but a Public Interest Monitor has not made any submissions or appeared at the hearing of the application;
(c) an application is being made by telephone and there are technical difficulties preventing a Public Interest Monitor from being a party to the call that cannot be overcome in a reasonable timeframe.
(3) A notification that an application has proceeded without a Public Interest Monitor must be given—
(a) as soon as practicable after the hearing finishes; and
(b) by—
(i) secure delivery if the notification includes a copy of the transcript of the hearing of an application; or
(ii) email or hand delivery in any other case.
(4) A notification under subregulation (3) must—
(a) specify the following details—
(i) the application's unique identifying number;
(ii) the type of application;
(iii) the issuing authority to which the application was made;
(iv) whether the application was granted, and if so, whether any conditions were imposed; and
(b) attach a copy of the transcript of the hearing of the application that proceeded without a Public Interest Monitor, if such a transcript was made and is available.
(5) If an applicant is required to give a Public Interest Monitor information requested by the Public Interest Monitor, the applicant must do so by notifying the Public Interest Monitor—
(a) as soon as practicable after the request is made; and
(b) by secure delivery.
(6) A notification under subregulation (5) must—
(a) specify the application's unique identifying number; and
(b) include a copy of the requested information.
(7) For the purposes of subregulation (6)(b), if information requested by a Public Interest Monitor was given to the issuing authority verbally, an applicant need only give a written record that gives the substance of that information.
Note
A written record is not required to give a verbatim record of the information given verbally to the issuing authority.
20 Public Interest Monitor not reasonably able to be contacted—periodic review
(1) The circumstances under which a Public Interest Monitor is not reasonably able to be contacted in relation to a periodic review include the following—
Reg. 20(1)(a) amended by S.R. No. 119/2024 reg. 12(a).
(a) a nominated senior police officer has made reasonable attempts to comply with the notification requirements under section 4H(1)(a) of the Terrorism (Community Protection) Act 2003 and Part 2A of these Regulations but a Public Interest Monitor has either been unavailable or has not acknowledged receipt of a notification;
Reg. 20(1)(b) amended by S.R. No. 119/2024 reg. 12(b).
(b) a nominated senior police officer has notified a Public Interest Monitor under section 4H(1)(a) of the Terrorism (Community Protection) Act 2003 and Part 2A of these Regulations but a Public Interest Monitor has not tested the content and sufficiency of the information to be relied on or made any submissions in relation to the conduct of the periodic review.
(2) A notification that a periodic review has proceeded without a Public Interest Monitor must be made by one of the following methods, after consultation by the nominated senior police officer with a Public Interest Monitor—
(a) in a double-sealed envelope by a member of Victoria Police personnel;
(b) in a double-sealed envelope by a secure courier;
(c) email;
(d) hand delivery by a member of Victoria Police personnel.
(3) A notification under subregulation (2) must specify the following details—
(a) the unique identifying number of the police detention decision to which the periodic review relates;
(b) the date and time of the periodic review;
(c) the outcome of the periodic review.
(4) If a nominated senior police officer is required to give a Public Interest Monitor information requested by the Public Interest Monitor, the nominated senior police officer must do so by notifying the Public Interest Monitor—
(a) as soon as practicable after the request is made; and
(b) by secure delivery.
Note
See sections 4K(3)(b)(ii) and 4M of the Terrorism (Community Protection) Act 2003.
(5) A notification under subregulation (4) must—
(a) specify the unique identifying number of the police detention decision to which the periodic review relates; and
(b) include a copy of the requested information.
21 Confirmation of notification that application or periodic review has proceeded
(1) A Public Interest Monitor must give an applicant a written receipt as soon as practicable after being notified under regulation 19(3) or (5).
(2) A Public Interest Monitor must give a nominated senior police officer a written receipt as soon as practicable after being notified under regulation 20(2) or (4).
Part 6—Other notifications
22 Notification of resumed hearings
(1) A notification under section 13E(5A) of the Terrorism (Community Protection) Act 2003 must be given—
(a) as soon as practicable after a hearing has been scheduled to resume; and
(b) by email or hand delivery.
(2) A notification under subregulation (1) must specify—
(a) the application's unique identifying number; and
(b) when the hearing is scheduled to resume; and
(c) whether the applicant must notify a Public Interest Monitor of any further information.
(3) An applicant must notify a Public Interest Monitor by email or hand delivery of any change to the details included in a notification under this regulation as soon as practicable after becoming aware of the change.
23 Confirmation of notification of resumed hearing
A Public Interest Monitor must give an applicant a written receipt as soon as practicable after being notified under regulation 22.
24 Notification of discontinued order
(1) If a person is required to give a Public Interest Monitor a copy of a notice under section 11(2A) of the Major Crime (Investigative Powers) Act 2004, the person must do so by notifying a Public Interest Monitor—
(a) as soon as practicable after the notice has been given to the Supreme Court that the coercive powers order is no longer required; and
(b) by email or hand delivery.
(2) A notification under subregulation (1) must—
(a) specify—
(i) the application's unique identifying number; and
(ii) the date the notice was filed with the Supreme Court; and
(b) include a copy of the notice.
25 Confirmation of notification of discontinued order
As soon as practicable after a person has notified a Public Interest Monitor under regulation 24, the Public Interest Monitor must give that person a written receipt.
26 Notification of revoked order or warrant
(1) A notification made under section 12C(ab) of the Major Crime (Investigative Powers) Act 2004 or section 20A(4) or 20H(5) of the Surveillance Devices Act 1999 must be given—
(a) as soon as practicable after the issuing authority has revoked the related order or warrant; and
(b) by email or hand delivery.
(2) A notification under subregulation (1) must specify—
(a) the application's unique identifying number; and
(b) the date the order or warrant was revoked.
27 Confirmation of notification of revoked order or warrant
A Public Interest Monitor must give an issuing authority a written receipt as soon as practicable after being notified under regulation 26.
Part 7—Security and record keeping
28 Dealing with law enforcement data
(1) The Principal Public Interest Monitor must develop written procedures for dealing with law enforcement data, including the creation and maintenance of the following—
(a) an information security policy;
(b) an access control policy;
(c) procedures for monitoring access activities to law enforcement data;
(d) procedures for ensuring that all security classified law enforcement data is adequately protected;
(e) a risk management policy for identifying, analysing and treating security risks to law enforcement data;
(f) reporting, escalation and response procedures for information security events or identified weaknesses in information security that may affect law enforcement data;
(g) a process for the continual monitoring and improvement of an information security incident.
(2) In this regulation—
information security event means an identified occurrence of an information system, service or network state indicating—
(a) a possible breach of an information security policy; or
(b) a failure of safeguards; or
(c) a previously unknown situation that may be security relevant;
information security incident means a single or series of information security events that are likely to have compromised the security of information;
security classified law enforcement data means law enforcement data that—
(a) could have adverse consequences for the State, another State or a Territory or the Commonwealth if compromised; and
(b) has been subject to a security risk assessment; and
(c) has been assigned a protective marking or security classification label that identifies the security risk for the State, another State or a Territory or the Commonwealth if compromised and the minimum level of protection it must be afforded to safeguard it from compromise.
29 Document register to be kept
The Principal Public Interest Monitor must keep a register of—
(a) all documents that a Public Interest Monitor receives in relation to each—
(i) relevant application; and
(ii) police detention decision; and
(iii) periodic review; and
(b) the current location of those documents; and
(c) the date any hard copy documents are returned to the applicant; and
(d) the date by which any documents received by secure attachment to an email or other secure electronic means are dealt with under regulation 31(2)(b).
30 Storage of documents
A Public Interest Monitor must keep all documents containing law enforcement data (including all copies of applications and supporting affidavits currently in that Public Interest Monitor's possession) in a secure place that is only accessible to persons entitled to deal with that information when not in use.
31 Return of application documents
(1) This regulation applies—
(a) in relation to a relevant application where the application or a supporting affidavit has been provided to a Public Interest Monitor by the relevant law enforcement agency; or
(b) in relation to regulation 12, 15 or 20, where a document has been provided in accordance with the applicable regulation.
(2) A Public Interest Monitor must—
(a) in the case of documents received in hard copy, return that hard copy as soon as practicable after the application has been determined; or
(b) in the case of documents delivered by secure attachment to an email or other secure electronic means—
(i) ensure that no copy of the document is retained; or
(ii) if it is not practicable to comply with subparagraph (i), destroy the document; or
(iii) if it is not practicable to comply with subparagraph (i) or (ii), ensure that the document is retained in a secure form.
32 Confirmation documents have been returned
(1) An applicant must notify a Public Interest Monitor as soon as practicable after the applicant receives a document under—
(a) section 3D(4) of the Major Crime (Investigative Powers) Act 2004; or
(b) section 12D(3) of the Surveillance Devices Act 1999; or
Reg. 32(1)(c) amended by S.R. No. 119/2024 reg. 13.
(c) section 4D(3) or 4J(3) of the Telecommunications (Interception) (State Provisions) Act 1988; or
(d) section 4F(4) of the Terrorism (Community Protection) Act 2003.
(2) An authorised police officer or a nominated senior police officer must notify a Public Interest Monitor as soon as practicable after receiving a document under section 4N(1) of the Terrorism (Community Protection) Act 2003.
(3) A notification made under subregulation (1) or (2) must—
(a) be in writing; and
(b) specify the unique identifying number; and
(c) specify the type of information received; and
Example
A copy of an application, a supporting affidavit or further information requested by the issuing authority.
(d) specify whether or not the Public Interest Monitor has returned all required documents relating to the application, police detention decision or periodic review.
═════════════
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Public Interest Monitor Regulations 2023, S.R. No. 4/2023 were made on 31 January 2023 by the Governor in Council under section 21 of the Public Interest Monitor Act 2011, No. 72/2011 and came into operation on 4 February 2023: regulation 3.
The Public Interest Monitor Regulations 2023 will sunset 10 years after the day of making on 31 January 2033 (see section 5 of the Subordinate Legislation Act 1994).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes 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.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 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.
This 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.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All 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).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 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.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "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.
• Other material
Any 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).
2 Table of Amendments
This publication incorporates amendments made to the Public Interest Monitor Regulations 2023 by statutory rules, subordinate instruments and Acts.