21BAuthorisation of special powers to protect persons attending events from a terrorist act

21B Authorisation of special powers to protect persons attending events from a terrorist act

(1) Subject to subsection (2), the Chief Commissioner may apply to the Supreme Court for an order authorising the exercise of special powers conferred by this Part if the Chief Commissioner is satisfied—

(a) that an event is taking place in Victoria or is likely to take place in Victoria in the near future; and

(b) that the event involves, or is likely to involve, the attendance of prominent persons or of a large number of people; and

(c) on reasonable grounds that the event might be the subject of a terrorist act; and

(d) that the giving of an authorisation targeting—

(i) the area in which the event is taking place or is likely to take place; or

(ii) any other area in which an activity connected with the event is taking place or is likely to take place—

is necessary to assist in protecting any person or persons attending the event from a terrorist act.

(2) An application under subsection (1) may only be made with the written approval of the Premier.

(3) An application under subsection (1) must—

(b) describe the event in respect of which the application is being made; and

(c) set out the facts and other grounds on which the Chief Commissioner considers that there are reasonable grounds for suspecting that the event might be the subject of a terrorist act; and

(d) explain why the giving of an authorisation targeting—

(i) the area in which the event is taking place or is likely to take place; or

(ii) any other area in which an activity connected with the event is taking place or is likely to take place—

is necessary to assist in protecting any person or persons attending the event from a terrorist act; and

(e) specify the special powers under Division 3 that, in the opinion of the Chief Commissioner, are reasonably necessary to ensure the safety of any person or persons attending the event; and

(f) describe any area sought to be made the target of an authorisation.

S. 21B(4) amended by No. 6/2018 s. 68(Sch. 2 item 124.4).

(4) The information in the application must be sworn or affirmed by the Chief Commissioner.

Note to s. 21B(4) repealed by No. 6/2018 s. 68(Sch. 2 item 124.5).

(5) The Supreme Court may require the Chief Commissioner to provide any additional information that the Court requires in relation to the application.

(6) The Supreme Court may, by order, give an authorisation for the exercise of special powers conferred by this Part if satisfied on reasonable grounds that the granting of the authorisation is reasonably necessary to ensure the safety of any person or persons attending the event.