Div 1
Preliminary 37
Division 1—Preliminary 37
13AA Object of Part 37
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Victoria act
This law gives police and courts a package of preventive and investigative powers for terrorism: covert search warrants, stop/search/entry and cordon powers in designated target areas, preventative detention and questioning rules, communication limits and criminal offences for facilitating terrorism or improper disclosures. It also sets up a multi‑agency CVE process (voluntary case management and court‑ordered support plans), an information‑sharing regime, reporting duties for certain chemicals, and oversight roles (Public Interest Monitor; Commission for Children). It affects police, detainees (including children), lawyers, courts, program providers and regulated businesses; enforcement and compliance costs fall on agencies and those subject to orders.
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Zoe can write the in-depth analysis on top of the summary above: how it works, who it affects and what each part actually does.
Direct links to the current provisions in Terrorism (Community Protection) Act 2003.
Division 1—Preliminary 37
13AA Object of Part 37
Division 2—Police detention decisions 37
13AB What is a police detention decision? 37
13AC Authorised police officer may make police detention decision 38
13AD Nature of police detention decisions in relation to children—detention in youth justice facilities 39
13AE Recording of police detention decision 40
13AF When a police detention decision starts and ceases to have effect 42
13AG Detained persons under 14 years to be released without delay 42
Division 3—Carrying out police detention decisions 43
13AH Power to detain person under authority of police detention decision 43
13AI Person must be informed of detention when taken into custody 43
13AJ Endorsement of record with date and time person taken into custody or detained 44
13AK Summary explaining police detention decision to be given to detained person 44
13AL Summary explaining police detention decision to be given to detained person's lawyer 45
13AM Compliance with section 13AK or 13AL not required if impractical because of actions of detained person 45
13AN Lawfulness of person's detention not affected by non-compliance with section 13AK or 13AL 45
13AO Requirement to provide name etc. 46
13AP Power to enter premises for purpose of searching for, or taking into custody, a person 47
13AQ Power to conduct search of a person taken into custody under this Part 48
13AR Detention of children in a youth justice facility 49
13AS Application of Children, Youth and Families Act 2005 to children detained under this Part in a youth justice facility 51
13AT Transfer of detained child into legal custody of Chief Commissioner for questioning 52
13AU Return of child to youth justice facility at end of questioning 53
13AV Effect on period of detention of transfers of custody of children for questioning purposes 53
Division 4—Informing person detained about police detention decision 54
13AW Effect of police detention decision to be explained to person detained 54
13AX Compliance with obligations to inform 56
Division 5—Treatment of person detained 57
13AY Humane treatment of person being detained 57
13AZ Detention of children 57
13AZA Restrictions on contact with other people 58
13AZB Special assistance for person with inadequate knowledge of English language or disability 59
Division 6—Questioning 60
Subdivision 1—Authority to question 60
13AZC Questioning during detention 60
13AZD Questioning to be deferred to allow for interpreter 62
13AZE Questioning to be deferred to enable communication with lawyer or consular office 62
13AZF Role of lawyers during questioning 62
13AZG Questioning of children 63
13AZH Communication with lawyers, consular officials, parents, guardians or independent person may be restricted 64
Subdivision 2—Recording of questioning 65
13AZI Definitions 65
13AZJ Digital recordings 68
13AZK Recording of questioning 68
13AZL Person questioned to be given copy of recordings 69
13AZM Evidence of representations 70
13AZN Offences in relation to recordings 70
13AZO Court may give directions in relation to a recording 73
13AZP Retention of copy of recording 73
Division 7—Contact with other people 75
13AZQ Contacting family members etc. 75
13AZR Contacting the Ombudsman or the IBAC 77
13AZS Contacting the Commission for Children and Young People 77
13AZT Contact with consular office 77
13AZU Contact with special counsel 77
13AZV Contacting lawyer 78
13AZW Police assistance in choosing a lawyer in certain cases 79
13AZX Monitoring contact under section 13AZQ with family members etc. 81
13AZY Monitoring contact under section 13AZV with lawyers 82
13AZZ Special contact rules for person who is a child or incapable of managing own affairs 83
13AZZA Nominated senior police officer must inform parent or guardian not to disclose certain information 86
13AZZB Contact prohibited in certain cases 87
Division 8—Taking and using identification material 88
13AZZC References to appropriate person in this Division 88
13AZZD Taking identification material 88
13AZZE Use of identification material 91
13AZZF Destruction of identification material 91
Division 9—End of and release from detention 92
13AZZG When does detention under this Part end? 92
13AZZH Process for release of person from detention by police officer 93
13AZZI Warrant under section 34BA or 34BB of the Australian Security Intelligence Organisation Act 1979 of the Commonwealth 94
Division 10—Oversight by nominated senior police officers 95
13AZZJ Nominated senior police officers 95
13AZZK Role of nominated senior police officer 95
13AZZL Representations to a nominated senior police officer 96
13AZZM Integrity and children oversight bodies to be notified of police detention decision and person being taken into custody 97
13AZZN Periodic review of detention under this Part 97
Division 11—Restrictions on disclosure of information relating to detention 100
13AZZO Definitions 100
13AZZP Detainees prohibited from disclosing certain information 100
13AZZQ Lawyers prohibited from disclosing certain information 101
13AZZR Parents or guardians prohibited from disclosing certain information 103
13AZZS Parent or guardian of detainee prohibited from disclosing certain information to another parent or guardian 105
13AZZT Nominated senior police officer may inform parent or guardian they cannot contact other parent or guardian in certain cases 106
13AZZU Interpreters prohibited from disclosing certain information 106
13AZZV Disclosure recipient prohibited from disclosing certain information they receive 107
13AZZW Monitors of contact between detainee and lawyer prohibited from disclosing certain information 108
Division 12—Miscellaneous 109
13AZZX Offences of contravening safeguards 109
13AZZY Police detaining person under a police detention decision 109
13AZZZ Ombudsman etc. functions and powers not affected 110
13AZZZA Law relating to legal professional privilege and client legal privilege not affected 110
13AZZZB Report to Integrity Oversight Victoria 110
13AZZZC Person's detention does not prevent provision of medical, dental, psychiatric, physiological or pharmaceutical services 111
Part 2A—Preventative detention orders 112
Division 1—Preliminary 112
13A Object of Part 112
Division 2—Preventative detention orders 113
13C Application for preventative detention order 113
13D Form and content of application 114
13DA Public Interest Monitor to be notified of application 118
13E Preventative detention orders 119
13F Nature of preventative detention order 124
13G Duration of preventative detention orders 129
13H When order starts and ceases to have effect 130
13I Extension of preventative detention order 131
13J No preventative detention order in relation to person under 14 years of age 134
13JA Special assistance for person with inadequate knowledge of English language or disability 134
13K Restrictions on multiple preventative detention orders 135
13KA Basis for applying for, and making, prohibited contact order 137
13L Prohibited contact order (person in relation to whom preventative detention order is being sought) 138
13M Prohibited contact order (person in relation to whom preventative detention order is already in force) 140
13N Application by detainee for revocation or variation of preventative detention order or prohibited contact order 142
13O Application by police for revocation or variation of preventative detention order or prohibited contact order 144
Division 3—Carrying out preventative detention orders 147
13P Power to detain person under preventative detention order 147
13Q Endorsement of order with date and time person taken into custody or detained 150
13R Requirement to provide name etc. 150
13S Power to enter premises 152
13T Power to conduct search 153
13U Warrant under section 34BA or 34BB of the Australian Security Intelligence Organisation Act 1979 of the Commonwealth 153
13V Release of person from preventative detention 154
13W Arrangement for detainee to be held in prison 157
13WA Arrangement for detainee to be held in youth justice facility 162
13WB Transfer of detained person into legal custody of Chief Commissioner for questioning 166
13WC Return of person to place of detention at end of questioning 167
13WD Effect on period of detention of transfers of custody of persons for questioning purposes 168
Division 4—Informing person detained about preventative detention order 168
13X Effect of preventative detention order to be explained to person detained 168
13Y Person being detained to be informed of extension of preventative detention order 172
13Z Compliance with obligations to inform 172
13ZA Copy of preventative detention order 173
Division 5—Treatment of person detained 176
13ZB Humane treatment of person being detained 176
13ZBA Detention of persons under 18 176
13ZC Restriction on contact with other people 177
13ZD Contacting family members etc. 179
13ZE Contacting Ombudsman etc. 182
13ZF Contacting lawyer 182
13ZFA Contacting the Commission for Children and Young People 185
13ZFB Contact with consular office 186
13ZFC Contact with special counsel 186
13ZG Monitoring contact under section 13ZD or 13ZF 186
13ZH Special contact rules for person under 18 or incapable of managing own affairs 188
13ZI Entitlement to contact subject to prohibited contact order 191
13ZJ Disclosure offences 191
13ZK Questioning of person prohibited while person is detained if Court orders 200
13ZL Taking identification material 202
13ZM Use of identification material 205
13ZN Offences of contravening safeguards 206
Division 5A—Questioning 207
Subdivision 1—Preliminary 207
13ZNA Application 207
Subdivision 2—Authority to question 207
13ZNB Questioning during detention 207
13ZNC Questioning to be deferred to allow for interpreter 209
13ZND Questioning to be deferred to enable communication with lawyer or consular office 209
13ZNE Role of lawyers during questioning 210
13ZNF Questioning of children 210
13ZNG Communication with lawyers, consular officials, parents, guardians or independent person may be restricted 211
Subdivision 3—Recording of questioning 213
13ZNH Definitions 213
13ZNI Digital recordings 215
13ZNJ Recording of questioning 215
13ZNK Person questioned to be given copy of recordings 216
13ZNL Evidence of representations 217
13ZNM Offences in relation to recordings 218
13ZNN Court may give directions in relation to a recording 220
13ZNO Retention of copy of recording 221
Division 6—Miscellaneous 222
13ZO Standard of proof 222
13ZP Nature of proceedings 222
13ZQ Police detaining person under a preventative detention order 223
13ZS Ombudsman etc. functions and powers not affected 224
13ZT Law relating to legal professional privilege and client legal privilege not affected 224
Part 3—Police powers to detain and decontaminate 225
14 Interpretation 225
15 Definitions 225
16 Authorisation 226
17 How may an authorisation be given? 226
18 What is authorised? 227
18A Requests for communication and medical treatment by persons detained 229
19 When does an authorisation lapse? 230
20 Extended authorisation 230
21 Use of reasonable and necessary force 231
Part 3A—Special police powers 232
Division 1—Preliminary 232
21A Definitions 232
21AB Deputy Commissioners may exercise powers of Chief Commissioner 233
Division 2—Authorisation to exercise special powers 233
21B Authorisation of special powers to protect persons attending events from a terrorist act 233
21C Extension of authorisation under section 21B 237
21D Authorisation of special powers to prevent, or reduce the impact of, a terrorist act 238
21E Authorisation of special powers relating to the investigation of, or recovery from, a terrorist act 241
21F Authorisation of special powers to protect essential services from a terrorist act 244
21G Persons, vehicles or areas targeted by authorisation 246
21H How authorisation may be given 246
21I Duration of authorisation 247
21IA Variation of interim authorisation 249
21IB Premier may delegate power to approve interim authorisation 249
21J Interim authorisations not open to challenge 249
21K Exercise of special powers by police officers and protective services officers 250
21L Power to give directions to public entities 251
Division 3—Powers 252
21N Purposes for which special powers may be exercised 252
21O Power to obtain disclosure of identity 252
21P Power to search persons 253
21Q Power to search vehicles 255
21R Power to move vehicles 256
21S Power to enter and search premises 257
21SA Powers in respect of premises within area that is the target of an authorisation 258
21SB Powers in respect of things within area that is the target of an authorisation 259
21SC Compensation for loss or damage 260
21T Cordon around target area 261
21U Power to seize and detain things 261
21V Use of force generally 263
21W Offence to obstruct or hinder search or other powers 263
21X Supplying police officer's or protective services officer's details and other information 264
Part 4—Mandatory reporting about prescribed chemicals and other substances 265
22 Reporting about prescribed chemical or other substance 265
Part 4A—Countering violent extremism 267
Division 1—Preliminary 267
22A Objectives of Part 267
22AB Definitions 267
22AC Meaning of extremist material 270
22AD Meaning of participant 271
22AE Meaning of program provider 271
22AF Meaning of prospective participant 272
22AG Meaning of radicalising towards violent extremism 273
22AGA Meaning of vulnerable to violent extremism 275
22AH Who is a respondent to an application? 276
22AI What is a support and engagement order? 276
22AJ What is a support and engagement plan? 276
22AK When is a thing done to achieve a therapeutic purpose? 278
22AL Meaning of underlying cause of radicalisation towards violent extremism 279
22AM What is a voluntary case management plan? 280
Division 2—Functions of the Secretary 281
22AN Functions of Secretary for voluntary case management plans 281
22AO Secretary may delegate certain functions relating to voluntary case management 282
22AP Functions of Secretary for support and engagement orders 284
22AQ Secretary may delegate certain functions relating to support and engagement orders 285
Division 3—The Countering Violent Extremism Multi-Agency Panel 285
22AR Establishment of CVE MAP 285
22AS Functions of CVE MAP 285
22AT Secretary may appoint departmental staff to CVE MAP 287
22AU Secretary may appoint nominated persons to CVE MAP 287
22AV Secretary may appoint persons outside public sector to CVE MAP 288
22AW Term of appointment 289
22AX Members are eligible for reappointment 289
22AY Resignation and removal 289
22AYA Acting appointments—departmental staff 290
22AYB Acting appointments—nominated persons 290
22AZ Chairperson and deputy chairperson 291
22B CVE MAP may regulate its own procedure 292
22BA CVE MAP to act by resolution 292
22BB Meetings of CVE MAP 292
22BC Person who is to preside at meetings of the CVE MAP 293
22BCA Resolutions without meetings 293
22BD Conflicts of interest 294
22BDA CVE MAP member may appoint representative for meeting 295
Division 4—Voluntary case management 297
Subdivision 1—Preliminary 297
22BE Object of Division 297
22BEA Secretary may request advice from CVE MAP 298
Subdivision 2—Referral to Secretary 298
22BH Referral to Secretary by Chief Commissioner of Police 298
22BJ Secretary to decide whether to accept referral 299
Subdivision 3—Requesting consent for case management 301
22BO Request for consent to case management 301
22BP Endeavours to obtain informed consent 303
Subdivision 4—Case management 304
22BRA Secretary to develop voluntary case management plan in consultation with participant 304
22BRB Commencement and provision of voluntary case management plan 305
22BS Information about critical events 306
22BT Reviews of voluntary case management plans 307
Subdivision 5—Variation of plan during case management 308
22BV Secretary may vary voluntary case management plan in consultation with participant 308
22BW Commencement and provision of varied voluntary case management plan 309
Subdivision 6—Withdrawal of consent 310
22BX Informed consent may be withdrawn 310
22BY Program provider who receives withdrawal of consent must notify specified departmental staff member 311
Subdivision 7—Revocation of voluntary case management plan by Secretary 311
22CA Secretary may revoke voluntary case management plan 311
Subdivision 8—Expiry of voluntary case management plan 312
22CC Expiry of voluntary case management plan at end of plan 312
Subdivision 9—Review 313
22CE Secretary may review operation of Division 313
22CF Independent review after first 3 years 313
Division 5—Support and engagement orders 314
Subdivision 1—Preliminary 314
22CG Object of Division 314
22CH Court proceedings involving children 314
22CI Court is to make a finding of radicalisation on the basis of the person's behaviour 315
22CJ Standard of proof 316
Subdivision 2—Application for support and engagement order 316
22CK Application for support and engagement order 316
22CL Form and content of application 317
22CM Service of application 318
22CN Secretary to file report and proposed support and engagement plan 318
Subdivision 3—Determination of application for support and engagement order 319
22CO Determination of application 319
22CP Court may direct person to attend and give evidence 321
22CQ How support and engagement order is to be made 322
22CR Court may attach further conditions on support and engagement order 323
22CS Duration of support and engagement order 324
22CT Copy of support and engagement order to be given 324
Subdivision 4—Compliance with support and engagement order 325
22CU Supported person must comply with support and engagement order made by Magistrates' Court 325
22CV Secretary must report on progress under support and engagement order 325
22CW Court may hold review hearing on receiving report 326
22CX Court must review conditions at review hearing 327
22CY Court may vary, extend or revoke support and engagement order at review hearing 327
22CZ Copy of varied or extended order or plan to be given 330
22D Commencement of variation 330
Subdivision 5—Variation of support and engagement order 330
22DA Application for variation of support and engagement order 330
22DB Form and content of application 331
22DC Service of application 331
22DD Court may direct person to attend and give evidence 332
22DE Determination of application 332
22DF Copy of varied order or plan to be given 334
22DG Commencement of variation 334
Subdivision 6—Extension of support and engagement order 334
22DH Application for extension of support and engagement order 334
22DI Form and content of application 335
22DJ Service of application on supported person 335
22DK Order continues until application is determined 335
22DL Secretary to file report and revised support and engagement plan 336
22DM Court may direct person to attend and give evidence 338
22DN Determination of application 338
22DO Determination of application—how period to be extended 339
22DP Determination of application—attachment of new support and engagement plan 340
22DQ Copy of extended order to be given 340
Subdivision 7—Revocation of support and engagement order 341
22DR Application for revocation of support and engagement order 341
22DS Form and content of application 341
22DT Service of application 341
22DU Court may direct person to attend and give evidence 342
22DV Determination of application 343
22DW Notice of revocation to be given 344
Subdivision 8—Appeals 344
22DX Application of Magistrates' Court Act 1989 and Children, Youth and Families Act 2005 344
Subdivision 9—Service 345
22DY Service of documents 345
22DZ Additional notice to be served regarding children 347
22E Proof of service 348
22EA Inability to serve 349
Subdivision 10—Restrictions on publication of proceedings 349
22EB Restriction on publication of proceeding 349
22EC Restriction does not affect information sharing 350
22ED Identifying particulars 351
22EE Court may permit publication 352
Subdivision 11—Legal advice and representation 352
22EF Adjournment to seek legal advice 352
22EG Respondent or supported person must be represented in Children's Court 353
Division 6—Information sharing 354
Subdivision 1—Preliminary 354
22EH Objects of Division 354
22EHA Definitions 355
22EI Information about a person 356
22EJ Authorised disclosers and access to information 357
22EK When is the disclosure of information prohibited? 360
22EL Information need not be disclosed or requested in writing 361
22EM Relevant persons and authorised purposes 361
Subdivision 2—Information sharing 365
22EN Authorised discloser may require information from another authorised discloser 365
22EO Authorised discloser may disclose without request 367
22EP Authorised discloser may disclose other than for an authorised purpose 367
22EQ Secretary or member of CVE MAP may require information from providers of previous services and programs 368
22EQA Secretary may disclose information to parent or guardian 372
22ER Victoria Police member of the CVE MAP may disclose information about supported person receiving police services 372
Subdivision 2A—Central contacts 374
22ERA CVE MAP member may appoint central contact 374
22ERB CVE MAP member may arrange for central contact to disclose information 376
22ERC Disclosure may be made to central contact instead of CVE MAP member 376
22ERD Central contact must not make certain requests or disclosures 377
Subdivision 2B—Offence to disclose information 378
22ES Offence to disclose information 378
Subdivision 3—Miscellaneous 378
22ET Authority to collect information 378
22EU Division does not affect collection or use of information permitted by various laws 379
22EV Protected information not admissible in criminal proceedings 379
Division 7—Annual report 379
22EW Annual report 379
Part 5—Protection of counter-terrorism intelligence 384
Division 1AA—Preliminary 384
22EX References to subject of substantive application or hearing 384
Division 1—General protection in legal proceedings 384
23 General protection of counter-terrorism intelligence in legal proceedings 384
24 Court may inspect documents 386
Division 2—Protection in applications under this Act 386
25 Application for counter-terrorism intelligence protection order 386
26 Public Interest Monitor to be notified of protection application 388
27 Determining protection application 389
28 Court may dispense with hearing by consent 390
29 Admissibility of protected counter‑terrorism intelligence 390
Division 3—Procedural requirements in protection applications and substantive applications and hearings involving protected counter‑terrorism intelligence 390
30 Application of Division 391
31 Protection applications to be heard in closed court unless otherwise ordered 392
31A Relevant part of substantive application or hearing to be heard in closed court unless otherwise ordered 393
31B Closed court requirements 393
32 Appointment of special counsel 395
33 Role of special counsel 396
Division 4—Offences 401
35 Offence to enter closed court 401
36 Offence to publish report of hearing 402
37 Disclosure, receipt or solicitation of protected counter-terrorism intelligence 402
37A Disclosure, receipt or solicitation of other confidential material 404
Part 6—Role of Integrity Oversight Victoria 406
37B Regular inspections of records of Victoria Police 406
37C The Chief Integrity Inspector and authorised Integrity Oversight Victoria officers may perform or exercise inspection functions and powers 408
37D Reports to Parliament on inspections by Integrity Oversight Victoria 411
Part 6A—Annual reporting 413
37E Definitions 413
37F Annual reports of Chief Commissioner 418
Part 7—General 420
38 Review 420
38A Further review 420
39 Operation of Act 421
39A Supreme Court—limitation of jurisdiction 421
40 Regulations 421
41 Expiry 422
Part 8—Transitional provisions 423
42 Justice Legislation Amendment (Terrorism) Act 2018—authorised police officers 423
Schedule 1—Conduct of personal searches under Part 3A 424
Endnotes 431
1 General information 431
2 Table of Amendments 433
3 Explanatory details 439
Version No. 049
Terrorism (Community Protection) Act 2003
No. 7 of 2003
Version incorporating amendments as at
The Parliament of Victoria enacts as follows:
Part 1—Preliminary
1 Purposes
The main purposes of this Act are—
(a) to provide new powers and obligations relating to the prevention of, and the response to, terrorist acts; and
S. 1(b) amended by No. 37/2014 s. 10(Sch. item 167.1).
(b) to provide for the application for, and the grant and execution of, warrants authorising the covert search of premises by police officers; and
S. 1(baa) inserted by No. 32/2018 s. 3.
(baa) to provide for the making of police detention decisions; and
S. 1(ba) inserted by No. 5/2006 s. 12.
(ba) to provide for the application for, and the making of, preventative detention orders; and
S. 1(bb) inserted by No. 47/2021 s. 4.
(bb) to establish the Countering Violent Extremism Multi-Agency Panel; and
S. 1(bc) inserted by No. 47/2021 s. 4, substituted by No. 9/2025 s. 8.
(bc) to provide for the voluntary case management of persons who are vulnerable to violent extremism; and
S. 1(bd) inserted by No. 47/2021 s. 4.
(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
S. 1(c) amended by No. 67/2004 s. 17(1)(a).
(c) to provide for mandatory reporting of the theft or loss or discrepancies in quantity of certain chemicals and other substances; and
S. 1(d) repealed by No. 76/2014 s. 8(1).
(e) to protect counter-terrorism methods from disclosure in legal proceedings.
2 Commencement
(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.
(2) Subject to subsection (3), Parts 2, 4 and 6 come into operation on a day or days to be proclaimed.
(3) If a provision of this Act does not come into operation before 1 July 2004, it comes into operation on that day.
S. 3 amended by No. 32/2018 s. 4(3) (ILA s. 39B(1)).
3 Definitions
(1) In this Act—
S. 3(1) def. of AFP member inserted by No. 32/2018 s. 4(1).
AFP member has the same meaning as in Part 5.3 of the Criminal Code of the Commonwealth;
S. 3(1) def. of Assistant Commis-sioner substituted by No. 30/2006 s. 4(1)(a).
Assistant Commissioner means an Assistant Commissioner of Police for Victoria;
S. 3(1) def. of authorised police officer inserted by No. 32/2018 s. 4(1).
authorised police officer means a police officer appointed by the Chief Commissioner under subsection (2);
S. 3(1) def. of Chief Commis-sioner substituted by No. 30/2006 s. 4(1)(b).
Chief Commissioner means the Chief Commissioner of Police for Victoria;
S. 3(1) def. of child inserted by No. 32/2018 s. 4(1).
child means a person under 18 years of age;
S. 3(1) def. of Commission for Children and Young People inserted by No. 32/2018 s. 4(1).
Commission for Children and Young People means the Commission established by section 6 of the Commission for Children and Young People Act 2012;
S. 3(1) def. of Common-wealth control order inserted by No. 32/2018 s. 4(1).
Commonwealth control order has the same meaning as control order has in Part 5.3 of the Criminal Code of the Commonwealth;
S. 3(1) def. of correspond-ing preventative detention law inserted by No. 32/2018 s. 4(1), amended by No. 47/2021 s. 20.
corresponding preventative detention law means—
(a) Division 105 of the Criminal Code of the Commonwealth; or
(b) a law of another State or of a Territory, or particular provisions of a law of another State or of a Territory, that—
(i) corresponds or correspond to Part 2AA or Part 2A; or
(ii) is or are prescribed;
S. 3(1) def. of counter-terrorism information repealed by No. 32/2018 s. 64(b).
S. 3(1) def. of counter-terrorism intelligence inserted by No. 32/2018 s. 64(a).
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—
(a) prejudice a criminal investigation, including by revealing intelligence-gathering methodologies, investigative techniques or technologies, or covert practices; or
(b) enable the discovery of the existence or identity of a confidential source of information relevant to law enforcement; or
(c) endanger a person's life or physical safety; or
(d) threaten significant damage to infrastructure or other property; or
(e) prejudice national security;
S. 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).
counter-terrorism intelligence protection order has the meaning given in section 25(1B);
S. 3(1) def. of declared essential service repealed by No. 76/2014 s. 8(2)(a).
S. 3(1) def. of Deputy Commis-sioner substituted by No. 30/2006 s. 4(1)(c).
Deputy Commissioner means a Deputy Commissioner of Police for Victoria;
S. 3(1) def. of essential service substituted by No. 76/2014 s. 8(2)(b).
essential service has the same meaning as it has in section 74B of the Emergency Management Act 2013;
S. 3(1) def. of family member inserted by No. 32/2018 s. 4(1).
family member of a person means—
(a) the person's spouse, de facto spouse or same‑sex partner; or
(b) a parent, step‑parent or grandparent of the person; or
(c) a child, step‑child or grandchild of the person; or
(d) a brother, sister, step‑brother or step‑sister of the person; or
(e) a guardian or carer of the person;
S. 3(1) def. of IBAC inserted by No. 32/2018 s. 4(1).
IBAC has the same meaning as in the Independent Broad-based Anti-corruption Commission Act 2011;
S. 3(1) def. of IBAC Com-missioner inserted by No. 32/2018 s. 4(1).
IBAC Commissioner means the Commissioner within the meaning of the Independent Broad-based Anti-corruption Commission Act 2011;
S. 3(1) def. of identification material inserted by No. 32/2018 s. 4(1).
identification material, in relation to a person, means—
(a) samples taken from a part of the person's body from which a DNA profile may be derived; or
(b) prints of the person's hands, fingers, feet or toes; or
(c) recordings of the person's voice, or
(d) samples of the person's handwriting; or
(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;
S. 3(1) def. of Integrity Oversight Victoria inserted by No. 31/2024 s. 113(Sch. 1 item 39.1(a)).
Integrity Oversight Victoria has the same meaning as in the Integrity Oversight Victoria Act 2011;
S. 3(1) def. of interim preventative detention order inserted by No. 32/2018 s. 4(1).
interim preventative detention order means an interim preventative detention order made by the Supreme Court under section 13E;
S. 3(1) def. of lawyer inserted by No. 32/2018 s. 4(1).
lawyer means an Australian lawyer;
S. 3(1) def. of legal advice inserted by No. 32/2018 s. 4(1).
legal advice has the same meaning as in the Legal Aid Act 1978;
S. 3(1) def. of maximum police detention period inserted by No. 32/2018 s. 4(1).
maximum police detention period means—
(a) for an adult—a period of 4 days;
(b) for a child—a period of 36 hours;
See also sections 13AH and 13G.
S. 3(1) def. of member of the force repealed by No. 37/2014 s. 10(Sch. item 167.2(b)).
S. 3(1) def. of member of Victoria Police personnel inserted by No. 32/2018 s. 72.
member of Victoria Police personnel has the same meaning as in the Victoria Police Act 2013;
S. 3(1) def. of nominated senior police officer inserted by No. 32/2018 s. 4(1).
nominated senior police officer means a police officer appointed under section 13AZZJ;
S. 3(1) def. of operator repealed by No. 76/2014 s. 8(2)(a).
S. 3(1) def. of periodic review inserted by No. 32/2018 s. 4(1).
periodic review means a review under section 13AZZN;
S. 3(1) def. of police detention decision inserted by No. 32/2018 s. 4(1).
police detention decision—see section 13AC;
S. 3(1) def. of police gaol inserted by No. 32/2018 s. 4(1).
police gaol has the same meaning as in the Corrections Act 1986;
S. 3(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 167.2(a)).
police officer has the same meaning as in the Victoria Police Act 2013;
premises includes—
(a) land; and
(b) a building or vehicle; and
(c) a part of a building or vehicle; and
(d) any place, whether built on or not;
S. 3(1) def. of prescribed authority inserted by No. 32/2018 s. 4(1).
prescribed authority has the same meaning as in Division 3 of Part III of the Australian Security Intelligence Organisation Act 1979 of the Commonwealth;
S. 3(1) def. of preventative detention order inserted by No. 32/2018 s. 4(1).
preventative detention order means an order made under section 13E, as varied under section 13N or 13O, and includes an interim preventative detention order;
S. 3(1) def. of prison inserted by No. 32/2018 s. 4(1).
prison has the same meaning as in the Corrections Act 1986;
S. 3(1) def. of prohibited contact order inserted by No. 32/2018 s. 4(1).
prohibited contact order means an order made under section 13L or 13M, as varied under section 13N or 13O;
S. 3(1) def. of protected counter-terrorism intelligence inserted by No. 32/2018 s. 64(a).
protected counter-terrorism intelligence means counter-terrorism intelligence that is the subject of a counter-terrorism intelligence protection order;
S. 3(1) def. of protection application inserted by No. 32/2018 s. 64(a).
protection application means an application under section 25 for a counter-terrorism intelligence protection order;
S. 3(1) def. of protective services officer inserted by No. 32/2018 s. 45.
protective services officer has the same meaning as in the Victoria Police Act 2013;
S. 3(1) def. of Public Interest Monitor inserted by No. 32/2018 s. 4(1).
Public Interest Monitor means—
(a) the Principal Public Interest Monitor appointed under section 6 of the Public Interest Monitor Act 2011; or
(b) a Deputy Public Interest Monitor appointed under section 7 of the Public Interest Monitor Act 2011;
S. 3(1) def. of questioning limitation condition inserted by No. 32/2018 s. 4(1).
questioning limitation condition—see section 13E(2A)(b);
S. 3(1) def. of questioning prohibition condition inserted by No. 32/2018 s. 4(1).
questioning prohibition condition—see section 13E(2A)(a);
S. 3(1) def. of Secretary inserted by No. 47/2021 s. 5(3).
Secretary means the Secretary to the Department of Justice and Community Safety;
S. 3(1) def. of seizable item inserted by No. 32/2018 s. 4(1).
seizable item means anything that—
(a) would present a danger to a person; or
(b) could be used to assist a person to escape from lawful custody; or
(c) could be used to contact another person or to operate a device remotely;
S. 3(1) def. of SEO review hearing inserted by No. 47/2021 s. 5(3).
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;
S. 3(1) def. of substantive application inserted by No. 32/2018 s. 64(a), amended by No. 47/2021 s. 5(2).
substantive application means an application for—
(a) a preventative detention order; or
(b) an extension of a preventative detention order; or
(c) a revocation or variation of a preventative detention order; or
(d) a prohibited contact order; or
(e) a revocation or variation of a prohibited contact order; or
(f) a support and engagement order; or
(g) the variation, extension or revocation of a support and engagement order;
S. 3(1) def. of substantive application or hearing inserted by No. 47/2021 s. 5(3).
substantive application or hearing means—
(a) a substantive application; or
(b) an SEO review hearing;
S. 3(1) def. of support and engagement order inserted by No. 47/2021 s. 5(3).
support and engagement order has the same meaning as it has in Part 4A;
terrorist act has the meaning given by section 4;
S. 3(1) def. of thing amended by No. 70/2015 s. 4(1).
thing includes any object, article or material;.
S. 3(1) def. of remote entry inserted by No. 70/2015 s. 4(2).
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;
S. 3(1) def. of vehicle inserted by No. 70/2015 s. 4(2).
vehicle includes a vessel and an aircraft;
S. 3(1) def. of Victoria Legal Aid inserted by No. 32/2018 s. 4(1).
Victoria Legal Aid means Victoria Legal Aid established under section 3 of the Legal Aid Act 1978;
S. 3(1) def. of Victoria Police inserted by No. 70/2015 s. 4(2), amended by No. 32/2018 s. 4(2).
Victoria Police has the same meaning as in the Victoria Police Act 2013;
S. 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)).
S. 3(1) def. of youth justice facility inserted by No. 32/2018 s. 4(1).
youth justice facility means a service established under section 478 of the Children, Youth and Families Act 2005.
S. 3(2) inserted by No. 32/2018 s. 4(3).
(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—
(a) police detention decisions; and
S. 3(2)(b) amended by No. 47/2021 s. 5(4)(a).
(b) applications under sections 13C, 13I and 13M; and
S. 3(2)(c) inserted by No. 47/2021 s. 5(4)(b).
(c) applications under sections 22CK, 22DA, 22DH and 22DR.
4 What is a terrorist act?
(1) In this Act, terrorist act means an action or threat of action where—
(a) the action falls within subsection (2) and does not fall within subsection (3); and
(b) the action is done or the threat is made with the intention of advancing a political, religious or ideological cause; and
(c) the action is done or the threat is made with the intention of—
(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
(ii) intimidating the public or a section of the public.
(2) Action falls within this subsection if it—
(a) causes serious harm that is physical harm to a person; or
(b) causes serious damage to property; or
(c) causes a person's death; or
(d) endangers a person's life, other than the life of the person taking the action; or
(e) creates a serious risk to the health or safety of the public or a section of the public; or
(f) seriously interferes with, seriously disrupts, or destroys, an electronic system including, but not limited to—
(i) an information system; or
(ii) a telecommunications system; or
(iii) a financial system; or
S. 4(2)(f)(iv) amended by No. 30/2006 s. 4(2)(a).
(iv) a system used for the delivery of essential government services by any entity (whether publicly or privately owned); or
S. 4(2)(f)(v) amended by No. 30/2006 s. 4(2)(b).
(v) a system used for, or by, an essential public utility (whether publicly or privately owned); or
(vi) a system used for, or by, a transport system.
(3) Action falls within this subsection if it—
(a) is advocacy, protest, dissent or industrial action; and
(b) is not intended—
(i) to cause serious harm that is physical harm to a person; or
(ii) to cause a person's death; or
(iii) to endanger the life of a person, other than the person taking action; or
(iv) to create a serious risk to the health or safety of the public or a section of the public.
Note to s. 4 repealed by No. 30/2006 s. 4(3).
S. 4A inserted by No. 5/2006 s. 7.
4A Extraterritoriality of terrorist act no barrier
To 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.
S. 4B inserted by No. 30/2006 s. 5.
4B Providing documents or information facilitating terrorist acts
(1) A person commits an offence if—
(a) the person has possession or control of a document or information; and
(b) the person intentionally provides the document or information to another person; and
(c) the person does so with the intention of facilitating preparation for, the engagement of a person in or assistance in a terrorist act.
Note to s. 4B(1) inserted by No. 65/2016 s. 22.
An offence against subsection (1) is a category 2 offence under the Sentencing Act 1991. See subsection (2H)
of section 5 of that Act for the requirement to impose a custodial order for this offence unless the circumstances
set out in paragraphs (a) to (e) of that subsection exist.
(2) A person commits an offence under subsection (1) even if the terrorist act does not occur.
(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
(b) the person has been punished for the offence under that Part—
the person is not liable to be punished for the offence against subsection (1).
Pt 1A (Heading and ss 4C–4F) inserted by No. 72/2011 s. 44.
Part 1A—Public Interest Monitor
Pt 1A Div. 1 (Heading) inserted by No. 32/2018 s. 5.
Division 1—Role in relation to order and warrant applications
S. 4C (Heading) amended by No. 32/2018 s. 6(1).
S. 4C inserted by No. 72/2011 s. 44, amended by No. 32/2018 s. 6(2).
4C Application of this Division
This Division applies if a person is required under this Act to give notice to a Public Interest Monitor of an application for—
(a) a covert search warrant; or
(b) a preventative detention order; or
(c) an extension of a preventative detention order; or
(d) a variation or revocation of a preventative detention order; or
(e) a prohibited contact order; or
S. 4C(f) amended by No. 32/2018 s. 65(a).
(f) a variation or revocation of a prohibited contact order; or
S. 4C(g) inserted by No. 32/2018 s. 65(b).
(g) a counter-terrorism intelligence protection order.
S. 4D inserted by No. 72/2011 s. 44.
4D Information to be given to Public Interest Monitor
(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.
(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.
S. 4D(3) amended by No. 32/2018 s. 6(2).
(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.
S. 4E inserted by No. 72/2011 s. 44.
4E Full disclosure to Public Interest Monitor
(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.
(2) The applicant must not knowingly or recklessly fail to comply with subsection (1).
S. 4F inserted by No. 72/2011 s. 44.
4F Role of Public Interest Monitor
(1) The Public Interest Monitor is entitled—
(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
(b) for the purpose of testing the content and sufficiency of the information relied on and the circumstances of the application—
(i) to ask questions of any person giving information in relation to the application; and
(ii) to make submissions to the Supreme Court about the appropriateness of granting the application.
(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.
(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)—
(a) the application may proceed without a Public Interest Monitor being notified; and
(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.
(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.
Pt 1A Div. 2 (Heading and ss 4G–4N) inserted by No. 32/2018 s. 7.
Division 2—Role in relation to preventative police detention
S. 4G inserted by No. 32/2018 s. 7.
4G Authorised police officer to notify Public Interest Monitor about certain things relating to police detention decisions
(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.
Table
| Column 1<br>Item | Column 2<br>Thing to be notified to a Public Interest Monitor | Column 3 <br>When notification must be given | | 1 | The making of a police detention decision | As soon as practicable after the police detention decision is made | | 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) | | 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 | | 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 |
S. 4G(2) amended by No. 31/2024 s. 34.
(2) A notification under subsection (1) must be in accordance with the regulations under the Public Interest Monitor Act 2011.
See also section 4K(3)(b).
S. 4H inserted by No. 32/2018 s. 7.
4H Nominated senior police officer to notify Public Interest Monitor about certain matters relating to police detention decisions
(1) A nominated senior police officer must notify a Public Interest Monitor of—
(a) when a periodic review is to be conducted as soon as practicable after deciding when to conduct it; and
See also section 13AZZN.
(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.
S. 4H(2) amended by No. 31/2024 s. 35.
(2) A notification under subsection (1) must be in accordance with the regulations under the Public Interest Monitor Act 2011.
See also section 4K(3)(b) and Division 9 of Part 2AA.
S. 4I inserted by No. 32/2018 s. 7.
4I Full disclosure to a Public Interest Monitor
(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—
(a) the authorised police officer who made the police detention decision;
(b) the nominated senior police officer in relation to a periodic review they conduct;
(c) a police officer exercising powers or performing duties under Part 2AA.
(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).
S. 4J inserted by No. 32/2018 s. 7.
4J Secrecy obligations do not apply
An 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.
S. 4K inserted by No. 32/2018 s. 7.
4K Role of Public Interest Monitor in relation to periodic reviews
(1) A Public Interest Monitor is entitled—
(a) to test the content and sufficiency of the information to be relied on for the purposes of conducting a periodic review; and
(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—
(i) to ask questions of any of the following persons—
(A) the authorised police officer who made the police detention decision;
(B) the nominated senior police officer in relation to a periodic review they conduct;
(C) a police officer exercising powers or performing duties under Part 2AA in relation to a person detained under that Part; and
(ii) to make submissions to the nominated senior police officer in relation to the conduct of a periodic review.
A nominated senior police officer conducts periodic reviews under section 13AZZN.
(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.
(3) If a Public Interest Monitor is not reasonably able to be contacted before the nominated senior police officer conducts a periodic review—
(a) the nominated senior police officer may conduct the periodic review, without a Public Interest Monitor being notified; and
(b) a Public Interest Monitor must—
(i) be notified as soon as practicable after the completion of the periodic review; and
(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).
S. 4L inserted by No. 32/2018 s. 7.
4L Public Interest Monitor to be given written record of police detention decision
An 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.
S. 4M inserted by No. 32/2018 s. 7.
4M Public Interest Monitor to be given access to documents related to police detention decisions and periodic reviews
For 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—
(a) the authorised police officer who made the police detention decision; or
(b) the nominated senior police officer who conducts the periodic review.
S. 4N inserted by No. 32/2018 s. 7.
4N Return of documents
(1) A Public Interest Monitor must return to an appropriate person any documents given to the Public Interest Monitor under this Division—
(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
(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.
See also section 4G or 4H.
(2) In this section—
appropriate person means—
(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
(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.
Pt 1B (Heading and ss 4O–4R) inserted by No. 32/2018 s. 8.
Part 1B—Role of the Commission for Children and Young People
S. 4O inserted by No. 32/2018 s. 8.
4O Functions of Commission for Children and Young People in relation to detention of children
In 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—
(a) to monitor the treatment of a child while being detained under Part 2AA or under a preventative detention order;
(b) to promote the interests of a child detained under Part 2AA or under a preventative detention order;
(c) to access any document or information in accordance with section 4Q;
(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;
(e) any other function that is prescribed.
S. 4P inserted by No. 32/2018 s. 8.
4P Access to children in detention for the purpose of monitoring their treatment
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 must be given access to a child that is in detention under Part 2AA or under a preventative detention order.
See also section 4R.
S. 4Q inserted by No. 32/2018 s. 8.
4Q Access to documents and information
(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—
(a) the Chief Commissioner;
S. 4Q(1)(b) substituted by No. 47/2021 s. 22(1).
(b) the Secretary.
(2) In this section—
document includes an audio recording or audiovisual recording referred to in Division 6 of Part 2AA or Division 5A of Part 2A.
See also section 4R.
S. 4R inserted by No. 32/2018 s. 8, amended by No. 47/2021 s. 22(2).
4R Assistance to be given to Commission for Children and Young People for performance of its functions and exercise of powers
The 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.
Part 2—Covert search warrants
5 Jurisdiction
A covert search warrant under this Part may only be issued by the Supreme Court.
6 Covert search warrants
S. 6(1) amended by No. 37/2014 s. 10(Sch. item 167.3).
(1) A police officer, with the approval of the Chief Commissioner, a Deputy Commissioner or an Assistant Commissioner, may apply to the Supreme Court for the issue of a warrant under this Part in respect of any premises if the police officer suspects or believes, on reasonable grounds, that—
S. 6(1)(a) substituted by No. 5/2006 s. 8(1).
(a) any of the following applies—
(i) a terrorist act has been, is being, or is likely to be, committed;
(ii) a person who resides at, or visits, those premises—
(A) has done an act in preparation for, or planning, a terrorist act; or
(B) has provided to, or received from, a terrorist organisation (within the meaning of Division 102 of the Criminal Code of the Commonwealth) training connected with preparation for, or planning, or engaging in or assisting, a terrorist act;
(iii) there has been, or is, activity on those premises connected with preparation for, or planning, or engaging in or assisting, a terrorist act; and
S. 6(1)(b) amended by No. 5/2006 s. 8(2)(a)(b).
(b) the entry and search of the premises would substantially assist in preventing (including by gaining knowledge of an act being done in preparation for, or planning, a terrorist act or connected with the engagement of a person in, or assistance in, a terrorist act) or responding to a terrorist act or suspected terrorist act; and
(c) it is necessary for that entry and search to be conducted without the knowledge of any occupier of those premises.
S. 6(1A) inserted by No. 5/2006 s. 8(3).
(1A) An application for a warrant under this Part may be made even if the suspicion or belief does not relate to a specific terrorist act.
(2) An application for a warrant is to be heard in closed court.
7 Application for warrant
(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.
(2) The Supreme Court must not issue a warrant unless—
(a) the application for the warrant sets out the grounds on which the warrant is being sought; and
(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
(c) the information given by the applicant is verified before the Court on oath (or affirmation) or by affidavit.
(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.
S. 7A inserted by No. 72/2011 s. 45.
7A Notice to Public Interest Monitor of application
The 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.
8 Determining the application
(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.
(2) In determining whether a warrant should be issued, the Court must have regard to—
(a) the nature and gravity of the terrorist act or suspected terrorist act; and
(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
(c) the extent to which the privacy of any person is likely to be affected; and
S. 8(2)(d) amended by No. 72/2011 s. 46(1).
(d) any conditions to which the warrant may be made subject; and
S. 8(2)(e) inserted by No. 72/2011 s. 46(2).
(e) any submissions made by a Public Interest Monitor.
(3) A warrant must specify—
(a) that the purpose of the warrant is to assist the prevention of, or response to, a terrorist act or suspected terrorist act; and
(b) the address or location of any premises to which the warrant relates; and
(c) the name of the applicant; and
(d) the name or a description of any other person who may enter premises named or described in the warrant; and
(e) whether more than one entry of premises named or described in the warrant is authorised; and
(f) the date on which the warrant is issued; and
(g) the period during which the warrant is in force, being a period not exceeding 30 days; and
(h) if known, the names of occupiers of premises named or described in the warrant; and
(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
(j) if applicable, any further conditions to which the warrant is subject.
(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.
9 What does a warrant authorise?
(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—
S. 9(1)(a) amended by No. 70/2015 s. 5(1).
(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
(b) to search the premises for any kind of thing named or described in the warrant; and
(c) if the warrant authorises seizure of a kind of thing, to seize any thing of that kind; and
(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
(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
S. 9(1)(f) amended by No. 70/2015 s. 5(2).
(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
S. 9(1)(fa) inserted by No. 70/2015 s. 5(3).
(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
(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.
(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.
(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.
10 Warrant may be granted by telephone
S. 10(1) amended by No. 37/2014 s. 10(Sch. item 167.4(a)).
(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.
S. 10(2) amended by Nos 37/2014 s. 10(Sch. item 167.4(b)), 6/2018 s. 68(Sch. 2 item 124.1).
(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.
S. 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).
(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.
(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—
(a) the terms of the affidavit; and
(b) any further information required by the Court concerning the grounds on which the warrant is sought.
(5) If the Supreme Court issues a warrant on an application made by telephone, it must—
(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
S. 10(5)(b) amended by No. 33/2018 s. 105(b).
(b) if transmission by facsimile machine or other electronic communication is available, transmit a copy of the warrant to the applicant.
S. 10(6) amended by No. 33/2018 s. 105(c).
(6) If a copy of the warrant has not been transmitted by facsimile machine or other electronic communication, the applicant must—
(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
(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]
S. 10(7) amended by No. 2/2024 s. 41(1).
(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.
(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.
S. 11 (Heading) amended by Nos 32/2018 s. 73(1), 31/2024 s. 113(Sch. 1 item 39.2).
11 Report to Integrity Oversight Victoria
S. 11(1) amended by Nos 32/2018 s. 73(2), 31/2024 s. 113(Sch. 1 item 39.3).
(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.
(2) The report must—
(a) state which powers were exercised under the warrant; and
(b) give details of the compliance with the conditions, if any, to which the warrant was subject; and
(c) state the period during which the entry and search was conducted; and
(d) state the name or description of any person who entered premises named or described in the warrant; and
(e) if known, state the names of the occupiers of premises entered; and
(f) give details of the seizure, placement, copying, photographing, recording, operation, printing, testing or sampling of any thing; and
(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.
Sourced from Victorian Legislation (legislation.vic.gov.au), CC BY 4.0.
Version No. 049
Terrorism (Community Protection) Act 2003
No. 7 of 2003
Version incorporating amendments as at
26 March 2025
table of provisions
Section Page
Part 1—Preliminary 1
1 Purposes 1
2 Commencement 2
3 Definitions 2
4 What is a terrorist act? 12
4A Extraterritoriality of terrorist act no barrier 14
4B Providing documents or information facilitating terrorist acts 14
Part 1A—Public Interest Monitor 16
Division 1—Role in relation to order and warrant applications 16
4C Application of this Division 16
4D Information to be given to Public Interest Monitor 16
4E Full disclosure to Public Interest Monitor 17
4F Role of Public Interest Monitor 17
Division 2—Role in relation to preventative police detention 18
4G Authorised police officer to notify Public Interest Monitor about certain things relating to police detention decisions 18
4H Nominated senior police officer to notify Public Interest Monitor about certain matters relating to police detention decisions 20
4I Full disclosure to a Public Interest Monitor 20
4J Secrecy obligations do not apply 21
4K Role of Public Interest Monitor in relation to periodic reviews 21
4L Public Interest Monitor to be given written record of police detention decision 23
4M Public Interest Monitor to be given access to documents related to police detention decisions and periodic reviews 23
4N Return of documents 23
Part 1B—Role of the Commission for Children and Young People 25
4O Functions of Commission for Children and Young People in relation to detention of children 25
4P Access to children in detention for the purpose of monitoring their treatment 26
4Q Access to documents and information 26
4R Assistance to be given to Commission for Children and Young People for performance of its functions and exercise of powers 27
Part 2—Covert search warrants 28
5 Jurisdiction 28
6 Covert search warrants 28
7 Application for warrant 29
7A Notice to Public Interest Monitor of application 30
8 Determining the application 30
9 What does a warrant authorise? 31
10 Warrant may be granted by telephone 33
11 Report to Integrity Oversight Victoria 35
12 No publication of report of proceeding 36
Part 2AA—Preventative police detention 37
Division 1—Preliminary 37
13AA Object of Part 37
Division 2—Police detention decisions 37
13AB What is a police detention decision? 37
13AC Authorised police officer may make police detention decision 38
13AD Nature of police detention decisions in relation to children—detention in youth justice facilities 39
13AE Recording of police detention decision 40
13AF When a police detention decision starts and ceases to have effect 42
13AG Detained persons under 14 years to be released without delay 42
Division 3—Carrying out police detention decisions 43
13AH Power to detain person under authority of police detention decision 43
13AI Person must be informed of detention when taken into custody 43
13AJ Endorsement of record with date and time person taken into custody or detained 44
13AK Summary explaining police detention decision to be given to detained person 44
13AL Summary explaining police detention decision to be given to detained person's lawyer 45
13AM Compliance with section 13AK or 13AL not required if impractical because of actions of detained person 45
13AN Lawfulness of person's detention not affected by non-compliance with section 13AK or 13AL 45
13AO Requirement to provide name etc. 46
13AP Power to enter premises for purpose of searching for, or taking into custody, a person 47
13AQ Power to conduct search of a person taken into custody under this Part 48
13AR Detention of children in a youth justice facility 49
13AS Application of Children, Youth and Families Act 2005 to children detained under this Part in a youth justice facility 51
13AT Transfer of detained child into legal custody of Chief Commissioner for questioning 52
13AU Return of child to youth justice facility at end of questioning 53
13AV Effect on period of detention of transfers of custody of children for questioning purposes 53
Division 4—Informing person detained about police detention decision 54
13AW Effect of police detention decision to be explained to person detained 54
13AX Compliance with obligations to inform 56
Division 5—Treatment of person detained 57
13AY Humane treatment of person being detained 57
13AZ Detention of children 57
13AZA Restrictions on contact with other people 58
13AZB Special assistance for person with inadequate knowledge of English language or disability 59
Division 6—Questioning 60
Subdivision 1—Authority to question 60
13AZC Questioning during detention 60
13AZD Questioning to be deferred to allow for interpreter 62
13AZE Questioning to be deferred to enable communication with lawyer or consular office 62
13AZF Role of lawyers during questioning 62
13AZG Questioning of children 63
13AZH Communication with lawyers, consular officials, parents, guardians or independent person may be restricted 64
Subdivision 2—Recording of questioning 65
13AZI Definitions 65
13AZJ Digital recordings 68
13AZK Recording of questioning 68
13AZL Person questioned to be given copy of recordings 69
13AZM Evidence of representations 70
13AZN Offences in relation to recordings 70
13AZO Court may give directions in relation to a recording 73
13AZP Retention of copy of recording 73
Division 7—Contact with other people 75
13AZQ Contacting family members etc. 75
13AZR Contacting the Ombudsman or the IBAC 77
13AZS Contacting the Commission for Children and Young People 77
13AZT Contact with consular office 77
13AZU Contact with special counsel 77
13AZV Contacting lawyer 78
13AZW Police assistance in choosing a lawyer in certain cases 79
13AZX Monitoring contact under section 13AZQ with family members etc. 81
13AZY Monitoring contact under section 13AZV with lawyers 82
13AZZ Special contact rules for person who is a child or incapable of managing own affairs 83
13AZZA Nominated senior police officer must inform parent or guardian not to disclose certain information 86
13AZZB Contact prohibited in certain cases 87
Division 8—Taking and using identification material 88
13AZZC References to appropriate person in this Division 88
13AZZD Taking identification material 88
13AZZE Use of identification material 91
13AZZF Destruction of identification material 91
Division 9—End of and release from detention 92
13AZZG When does detention under this Part end? 92
13AZZH Process for release of person from detention by police officer 93
13AZZI Warrant under section 34BA or 34BB of the Australian Security Intelligence Organisation Act 1979 of the Commonwealth 94
Division 10—Oversight by nominated senior police officers 95
13AZZJ Nominated senior police officers 95
13AZZK Role of nominated senior police officer 95
13AZZL Representations to a nominated senior police officer 96
13AZZM Integrity and children oversight bodies to be notified of police detention decision and person being taken into custody 97
13AZZN Periodic review of detention under this Part 97
Division 11—Restrictions on disclosure of information relating to detention 100
13AZZO Definitions 100
13AZZP Detainees prohibited from disclosing certain information 100
13AZZQ Lawyers prohibited from disclosing certain information 101
13AZZR Parents or guardians prohibited from disclosing certain information 103
13AZZS Parent or guardian of detainee prohibited from disclosing certain information to another parent or guardian 105
13AZZT Nominated senior police officer may inform parent or guardian they cannot contact other parent or guardian in certain cases 106
13AZZU Interpreters prohibited from disclosing certain information 106
13AZZV Disclosure recipient prohibited from disclosing certain information they receive 107
13AZZW Monitors of contact between detainee and lawyer prohibited from disclosing certain information 108
Division 12—Miscellaneous 109
13AZZX Offences of contravening safeguards 109
13AZZY Police detaining person under a police detention decision 109
13AZZZ Ombudsman etc. functions and powers not affected 110
13AZZZA Law relating to legal professional privilege and client legal privilege not affected 110
13AZZZB Report to Integrity Oversight Victoria 110
13AZZZC Person's detention does not prevent provision of medical, dental, psychiatric, physiological or pharmaceutical services 111
Part 2A—Preventative detention orders 112
Division 1—Preliminary 112
13A Object of Part 112
Division 2—Preventative detention orders 113
13C Application for preventative detention order 113
13D Form and content of application 114
13DA Public Interest Monitor to be notified of application 118
13E Preventative detention orders 119
13F Nature of preventative detention order 124
13G Duration of preventative detention orders 129
13H When order starts and ceases to have effect 130
13I Extension of preventative detention order 131
13J No preventative detention order in relation to person under 14 years of age 134
13JA Special assistance for person with inadequate knowledge of English language or disability 134
13K Restrictions on multiple preventative detention orders 135
13KA Basis for applying for, and making, prohibited contact order 137
13L Prohibited contact order (person in relation to whom preventative detention order is being sought) 138
13M Prohibited contact order (person in relation to whom preventative detention order is already in force) 140
13N Application by detainee for revocation or variation of preventative detention order or prohibited contact order 142
13O Application by police for revocation or variation of preventative detention order or prohibited contact order 144
Division 3—Carrying out preventative detention orders 147
13P Power to detain person under preventative detention order 147
13Q Endorsement of order with date and time person taken into custody or detained 150
13R Requirement to provide name etc. 150
13S Power to enter premises 152
13T Power to conduct search 153
13U Warrant under section 34BA or 34BB of the Australian Security Intelligence Organisation Act 1979 of the Commonwealth 153
13V Release of person from preventative detention 154
13W Arrangement for detainee to be held in prison 157
13WA Arrangement for detainee to be held in youth justice facility 162
13WB Transfer of detained person into legal custody of Chief Commissioner for questioning 166
13WC Return of person to place of detention at end of questioning 167
13WD Effect on period of detention of transfers of custody of persons for questioning purposes 168
Division 4—Informing person detained about preventative detention order 168
13X Effect of preventative detention order to be explained to person detained 168
13Y Person being detained to be informed of extension of preventative detention order 172
13Z Compliance with obligations to inform 172
13ZA Copy of preventative detention order 173
Division 5—Treatment of person detained 176
13ZB Humane treatment of person being detained 176
13ZBA Detention of persons under 18 176
13ZC Restriction on contact with other people 177
13ZD Contacting family members etc. 179
13ZE Contacting Ombudsman etc. 182
13ZF Contacting lawyer 182
13ZFA Contacting the Commission for Children and Young People 185
13ZFB Contact with consular office 186
13ZFC Contact with special counsel 186
13ZG Monitoring contact under section 13ZD or 13ZF 186
13ZH Special contact rules for person under 18 or incapable of managing own affairs 188
13ZI Entitlement to contact subject to prohibited contact order 191
13ZJ Disclosure offences 191
13ZK Questioning of person prohibited while person is detained if Court orders 200
13ZL Taking identification material 202
13ZM Use of identification material 205
13ZN Offences of contravening safeguards 206
Division 5A—Questioning 207
Subdivision 1—Preliminary 207
13ZNA Application 207
Subdivision 2—Authority to question 207
13ZNB Questioning during detention 207
13ZNC Questioning to be deferred to allow for interpreter 209
13ZND Questioning to be deferred to enable communication with lawyer or consular office 209
13ZNE Role of lawyers during questioning 210
13ZNF Questioning of children 210
13ZNG Communication with lawyers, consular officials, parents, guardians or independent person may be restricted 211
Subdivision 3—Recording of questioning 213
13ZNH Definitions 213
13ZNI Digital recordings 215
13ZNJ Recording of questioning 215
13ZNK Person questioned to be given copy of recordings 216
13ZNL Evidence of representations 217
13ZNM Offences in relation to recordings 218
13ZNN Court may give directions in relation to a recording 220
13ZNO Retention of copy of recording 221
Division 6—Miscellaneous 222
13ZO Standard of proof 222
13ZP Nature of proceedings 222
13ZQ Police detaining person under a preventative detention order 223
13ZS Ombudsman etc. functions and powers not affected 224
13ZT Law relating to legal professional privilege and client legal privilege not affected 224
Part 3—Police powers to detain and decontaminate 225
14 Interpretation 225
15 Definitions 225
16 Authorisation 226
17 How may an authorisation be given? 226
18 What is authorised? 227
18A Requests for communication and medical treatment by persons detained 229
19 When does an authorisation lapse? 230
20 Extended authorisation 230
21 Use of reasonable and necessary force 231
Part 3A—Special police powers 232
Division 1—Preliminary 232
21A Definitions 232
21AB Deputy Commissioners may exercise powers of Chief Commissioner 233
Division 2—Authorisation to exercise special powers 233
21B Authorisation of special powers to protect persons attending events from a terrorist act 233
21C Extension of authorisation under section 21B 237
21D Authorisation of special powers to prevent, or reduce the impact of, a terrorist act 238
21E Authorisation of special powers relating to the investigation of, or recovery from, a terrorist act 241
21F Authorisation of special powers to protect essential services from a terrorist act 244
21G Persons, vehicles or areas targeted by authorisation 246
21H How authorisation may be given 246
21I Duration of authorisation 247
21IA Variation of interim authorisation 249
21IB Premier may delegate power to approve interim authorisation 249
21J Interim authorisations not open to challenge 249
21K Exercise of special powers by police officers and protective services officers 250
21L Power to give directions to public entities 251
Division 3—Powers 252
21N Purposes for which special powers may be exercised 252
21O Power to obtain disclosure of identity 252
21P Power to search persons 253
21Q Power to search vehicles 255
21R Power to move vehicles 256
21S Power to enter and search premises 257
21SA Powers in respect of premises within area that is the target of an authorisation 258
21SB Powers in respect of things within area that is the target of an authorisation 259
21SC Compensation for loss or damage 260
21T Cordon around target area 261
21U Power to seize and detain things 261
21V Use of force generally 263
21W Offence to obstruct or hinder search or other powers 263
21X Supplying police officer's or protective services officer's details and other information 264
Part 4—Mandatory reporting about prescribed chemicals and other substances 265
22 Reporting about prescribed chemical or other substance 265
Part 4A—Countering violent extremism 267
Division 1—Preliminary 267
22A Objectives of Part 267
22AB Definitions 267
22AC Meaning of extremist material 270
22AD Meaning of participant 271
22AE Meaning of program provider 271
22AF Meaning of prospective participant 272
22AG Meaning of radicalising towards violent extremism 273
22AGA Meaning of *vulnerable to violent ex
This is an opening excerpt, not the complete document.