42Justice Legislation Amendment (Terrorism) Act 2018—authorised police officers

42 Justice Legislation Amendment (Terrorism) Act 2018—authorised police officers An appointment under section 13B(2) that is in effect immediately before the commencement of section 4(3) of the **Justice Legislation Amendment (Terrorism) Act 2018** is taken to be an appointment under section 3(2) on that commencement. Sch. 1 inserted by No. 5/2006 s. 6. Schedule 1—Conduct of personal searches under Part 3A Section 21P(3) Sch. 1 cl. 1 amended by Nos 37/2014 s. 10(Sch. item 167.58(a)), 32/2018 s. 63(1). 1 Application of Schedule This Schedule applies to any search of a person carried out, or authorised to be carried out, by a police officer or protective services officer under Part 3A, except as otherwise provided by this Act or the regulations. 2 Definitions In this Schedule— ***electronic metal detection device*** means an electronic device that is capable of detecting the presence of metallic objects; ***frisk search*** means— (a) a search of a person conducted by quickly running the hands over the person's outer clothing or by passing an electronic metal detection device over or in close proximity to the person's outer clothing; and (b) an examination of anything worn or carried by the person that is conveniently and voluntarily removed by the person, including an examination conducted by passing an electronic metal detection device over or in close proximity to that thing; ***ordinary search*** means a search of a person or of things in the possession or under the control of a person that may include— (a) requiring the person to remove only his or her overcoat, coat or jacket or similar article of clothing and any gloves, shoes and hat; and (b) an examination of those items; ***strip search*** means a search of a person or of things in the possession or under the control of a person that may include— (a) requiring the person to remove all of his or her clothes; and (b) an examination of the person's body (but not of the person's body cavities) and of those clothes. 3 Frisk searches and ordinary searches Sch. 1 cl. 3(1) amended by Nos 37/2014 s. 10(Sch. item 167.58(a)), 32/2018 s. 63(2). (1) A police officer or protective services officer who is authorised to search a person may carry out a frisk search or an ordinary search of the person for any purpose for which the search may be conducted. Sch. 1 cl. 3(2) amended by Nos 37/2014 s. 10(Sch. item 167.58(b)), 32/2018 s. 63(3). (2) In conducting a frisk search, a police officer or protective services officer may, if the police officer or protective services officer has asked the person to remove a coat or jacket, treat the person's outer clothing as being the person's outer clothing after the coat or jacket has been removed. Sch. 1 cl. 4 amended by Nos 37/2014 s. 10(Sch. item 167.58(c)(i)), 32/2018 s. 63(4). 4 Strip searches A police officer or protective services officer who is authorised to search a person may only conduct a strip search of the person— (a) if the person is suspected of being the target of an authorisation; and Sch. 1 cl. 4(b) amended by Nos 37/2014 s. 10(Sch. item 167.58(c)(ii)), 32/2018 s. 63(4). (b) if the police officer or protective services officer believes on reasonable grounds that it is necessary to conduct a strip search of the person for the purposes of the search and that the seriousness and urgency of the circumstances require the strip search to be carried out. 5 Preservation of privacy and dignity during search Sch. 1 cl. 5(1) amended by Nos 37/2014 s. 10(Sch. item 167.58(d)(i)), 32/2018 s. 63(5). (1) A police officer or protective services officer who searches a person must, as far as is reasonably practicable in the circumstances, comply with this clause. Sch. 1 cl. 5(2) amended by Nos 37/2014 s. 10(Sch. item 167.58(d)(ii)), 32/2018 s. 63(5). (2) The police officer or protective services officer must inform the person to be searched of the following matters— (a) whether the person will be required to remove clothing during the search; (b) why it is necessary to remove the clothing. Sch. 1 cl. 5(3) amended by Nos 37/2014 s. 10(Sch. item 167.58(d)(ii), 32/2018 s. 63(5). (3) The police officer or protective services officer must ask for the person's co‑operation. Sch. 1 cl. 5(4) amended by Nos 37/2014 s. 10(Sch. item 167.58(d)(ii), 32/2018 s. 63(5). (4) The police officer or protective services officer must conduct the search— (a) in a way that provides reasonable privacy for the person searched; and (b) as quickly as is reasonably practicable. Sch. 1 cl. 5(5) amended by Nos 37/2014 s. 10(Sch. item 167.58(d)(ii), 32/2018 s. 63(5). (5) The police officer or protective services officer must conduct the least invasive kind of search practicable in the circumstances. Sch. 1 cl. 5(6) amended by Nos 37/2014 s. 10(Sch. item 167.58(d)(iii)), 32/2018 s. 63(6). (6) The police officer or protective services officer must not search the genital area of the person searched, or in the case of a female or a transgender person who identifies as a female, the person's breasts unless the police officer or protective services officer suspects on reasonable grounds that it is necessary to do so for the purposes of the search. Sch. 1 cl. 5(7) amended by Nos 37/2014 s. 10(Sch. item 167.58(d)(iv)), 32/2018 s. 63(6). (7) A search must be conducted by a police officer or protective services officer of the same sex as the person searched or by a person of the same sex under the direction of the police officer or protective services officer. (8) A search of a person must not be carried out while the person is being questioned. If questioning has not been completed before a search is carried out, it must be suspended while the search is carried out. (9) A person must be allowed to dress as soon as a search is finished. Sch. 1 cl. 5(10) amended by Nos 37/2014 s. 10(Sch. item 167.58(d)(v)), 32/2018 s. 63(5). (10) If clothing is seized because of the search, the police officer or protective services officer must ensure the person searched is left with or given reasonably appropriate clothing. (11) In this clause— ***questioning*** of a person means questioning the person or carrying out an investigation (in which the person participates); ***transgender person*** means a person, whether or not the person is a recognised transgender person— (a) who identifies as a member of the opposite sex, by living, or seeking to live, as a member of the opposite sex; or (b) who has identified as a member of the opposite sex by living as a member of the opposite sex; or (c) who, being of indeterminate sex, identifies as a member of a particular sex by living as a member of that sex— and includes a reference to the person being thought of as a transgender person, whether or not the person is, or was, in fact a transgender person. 6 Rules for conduct of strip searches Sch. 1 cl. 6(1) amended by Nos 37/2014 s. 10(Sch. item 167.58(e)), 32/2018 s. 63(7). (1) A police officer or protective services officer who strip searches a person must, as far as is reasonably practicable in the circumstances, comply with the following— (a) the strip search must be conducted in a private area; (b) the strip search must not be conducted in the presence or view of a person who is of the opposite sex to the person being searched; (c) except as provided by this clause, the strip search must not be conducted in the presence or view of a person whose presence is not necessary for the purposes of the search. (2) A parent, guardian or personal representative of the person being searched may, if it is reasonably practicable in the circumstances, be present during a search if the person being searched has no objection to that person being present. Sch. 1 cl. 6(3) amended by Nos 37/2014 s. 10(Sch. item 167.58(e)), 32/2018 s. 63(7). (3) A strip search of a child who is at least 10 years of age but under 18 years of age, or of a person who has impaired intellectual functioning, must be conducted in the presence of a parent or guardian of the person being searched or, if that is not acceptable to the child or person, in the presence of another person (other than a police officer or protective services officer) who is capable of representing the interests of the person and who, as far as is practicable in the circumstances, is acceptable to the person. (4) Subclause (3) does not apply if a parent, guardian or other acceptable person is not then present and the seriousness and urgency of the circumstances require the strip search to be conducted without delay. (5) A strip search must not involve a search of a person's body cavities or an examination of the body by touch. (6) A strip search must not involve the removal of more clothes than the person conducting the search believes on reasonable grounds to be reasonably necessary for the purposes of the search. (7) A strip search must not involve more visual inspection than the person conducting the search believes on reasonable grounds to be reasonably necessary for the purposes of the search. (8) A strip search may be conducted in the presence of a medical practitioner of the opposite sex to the person searched if the person being searched has no objection to that person being present. (9) This clause is in addition to the other requirements of this Act relating to searches. (10) In this clause— ***impaired intellectual functioning*** means— (a) total or partial loss of a person's mental functions; or (b) a disorder or malfunction that results in a person learning differently from a person without the disorder or malfunction; or (c) a disorder, illness or disease that affects a person's thought processes, perceptions of reality, emotions or judgment, or that results in disturbed behaviour. 7 No strip searches of children under 10 years A strip search must not be conducted on a person who is under the age of 10 years. Endnotes 1 General information See [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information. *Minister's second reading speech—* *Legislative Assembly: 27 February 2003* *Legislative Council: 27 March 2003* The long title for the Bill for this Act was "to provide for the prevention of and response to terrorist acts, to amend the **Freedom of Information Act 1982** and the **Victorian Civil and Administrative Tribunal Act 1998** and for other purposes." The **Terrorism (Community Protection) Act 2003** was assented to on 15 April 2003 and came into operation as follows: Parts 1, 3, 5, 7 and 8 on 16 April 2003: section 2(1); Part 2 on 16 October 2003: Government Gazette 16 October 2003 page 2624; Part 6 on 25 February 2004: Special Gazette (No. 42) 25 February 2004 page 1; Part 4 on 1 July 2004: section 2(3). 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 section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause. Interpretation As from 1 January 2001, amendments to section 36 of the ILA have the following effects: • Headings All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A). • Examples, diagrams or notes All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A). • Punctuation All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B). • Provision numbers All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C). • 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 an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B. • Other material Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. See section 36(3)(3D)(3E). 2 Table of Amendments This publication incorporates amendments made to the **Terrorism (Community Protection) Act 2003** by Acts and subordinate instruments. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– **Dangerous Goods Legislation (Amendment) Act 2004, No. 67/2004** | Assent Date: | 19.10.04 | | Commencement Date: | S. 17 on 19.10.04: s. 2(1) | | Current State: | This information relates only to the provision/s amending the **Terrorism (Community Protection) Act 2003** | **Parliamentary Administration Act 2005, No. 20/2005** | Assent Date: | 24.5.05 | | Commencement Date: | S. 51 on 1.7.05: s. 2(4) | | Current State: | This information relates only to the provision/s amending the **Terrorism (Community Protection) Act 2003** | **Terrorism (Community Protection) (Amendment) Act 2006, No. 5/2006** | Assent Date: | 7.3.06 | | Commencement Date: | Ss 4–13 on 9.3.06: s. 2(2) | | Current State: | This information relates only to the provision/s amending the **Terrorism (Community Protection) Act 2003** | **Terrorism (Community Protection) (Further Amendment) Act 2006, No. 30/2006** | Assent Date: | 6.6.06 | | Commencement Date: | Ss 4–17 on 7.6.06: s. 2 | | Current State: | This information relates only to the provision/s amending the **Terrorism (Community Protection) Act 2003** | **Children, Youth and Families (Consequential and Other Amendments) Act 2006, No. 48/2006** | Assent Date: | 15.8.06 | | Commencement Date: | S. 42(Sch. item 35) on 23.4.07: s. 2(3) | | Current State: | This information relates only to the provision/s amending the **Terrorism (Community Protection) Act 2003** | **Statute Law Revision Act 2007, No. 28/2007** | Assent Date: | 26.6.07 | | Commencement Date: | S. 3(Sch. item 65) on 27.6.07: s. 2(1) | | Current State: | This information relates only to the provision/s amending the **Terrorism (Community Protection) Act 2003** | **Transport Legislation Amendment Act 2007, No. 69/2007** | Assent Date: | 11.12.07 | | Commencement Date: | Ss 75, 76 on 12.12.07: s. 2(1) | | Current State: | This information relates only to the provision/s amending the **Terrorism (Community Protection) Act 2003** | **Police Integrity Act 2008, No. 34/2008** | Assent Date: | 1.7.08 | | Commencement Date: | S. 143(Sch. 2 item 13) on 5.12.08: Special Gazette (No. 340) 4.12.08 p. 1 | | Current State: | This information relates only to the provision/s amending the **Terrorism (Community Protection) Act 2003** | **Public Health and Wellbeing Act 2008, No. 46/2008** | Assent Date: | 2.9.08 | | Commencement Date: | S. 289 on 1.1.10: s. 2(2) | | Current State: | This information relates only to the provision/s amending the **Terrorism (Community Protection) Act 2003** | **Justice Legislation Amendment Act 2009, No. 25/2009** | Assent Date: | 17.6.09 | | Commencement Date: | S. 53 on 18.6.09: s. 2(1) | | Current State: | This information relates only to the provision/s amending the **Terrorism (Community Protection) Act 2003** | **Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009** | Assent Date: | 24.11.09 | | Commencement Date: | S. 97(Sch. item 119) on 1.1.10: Government Gazette 10.12.09 p. 3215 | | Current State: | This information relates only to the provision/s amending the **Terrorism (Community Protection) Act 2003** | **Statute Law Amendment (Evidence Consequential Provisions) Act 2009, No. 69/2009** | Assent Date: | 24.11.09 | | Commencement Date: | S. 54(Sch. Pt 1 item 55), (Sch. Pt 2 item 52) on 1.1.10: s. 2(2) | | Current State: | This information relates only to the provision/s amending the **Terrorism (Community Protection) Act 2003** | **Terrorism (Community Protection) Amendment Act 2011, No. 33/2011** | Assent Date: | 5.7.11 | | Commencement Date: | S. 3 on 6.7.11: s. 2 | | Current State: | All of Act in operation | **Emergency Management Legislation Amendment Act 2011, No. 56/2011** (as amended by No. 43/2012) | Assent Date: | 2.11.11 | | Commencement Date: | S. 32 on 3.11.11: s. 2(1) | | Current State: | This information relates only to the provision/s amending the **Terrorism (Community Protection) Act 2003** | **Public Interest Monitor Act 2011, No. 72/2011** | Assent Date: | 6.12.11 | | Commencement Date: | Ss 44–51 on 10.2.13: Special Gazette (No. 32) 6.2.13 p. 2 | | Current State: | This information relates only to the provision/s amending the **Terrorism (Community Protection) Act 2003** | **Justice Legislation Amendment (Miscellaneous) Act 2012, No. 68/2012** | Assent Date: | 20.11.12 | | Commencement Date: | S. 9 on 21.11.12: s. 2(1) | | Current State: | This information relates only to the provision/s amending the **Terrorism (Community Protection) Act 2003** | **Integrity and Accountability Legislation Amendment Act 2012, No. 82/2012** | Assent Date: | 18.12.12 | | Commencement Date: | S. 167 on 10.2.13: Special Gazette (No. 32) 6.2.13 p. 2; s. 319 on 11.2.13: s. 2(5) | | Current State: | This information relates only to the provision/s amending the **Terrorism (Community Protection) Act 2003** | **Courts and Other Justice Legislation Amendment Act 2013, No. 68/2013** | Assent Date: | 19.11.13 | | Commencement Date: | S. 18 on 19.11.13: s. 2(1) | | Current State: | This information relates only to the provision/s amending the **Terrorism (Community Protection) Act 2003** | **Emergency Management Act 2013, No. 73/2013** | Assent Date: | 3.12.13 | | Commencement Date: | S. 104 on 1.7.14: Special Gazette (No. 148) 13.5.14 p. 1 | | Current State: | This information relates only to the provision/s amending the **Terrorism (Community Protection) Act 2003** | **Legal Profession Uniform Law Application Act 2014, No. 17/2014** | *Assent Date:* | 25.3.14 | | *Commencement Date:* | S. 160(Sch. 2 item 97) on 1.7.15: Special Gazette (No. 151) 16.6.15 p. 1 | | *Current State:* | This information relates only to the provision/s amending the **Terrorism (Community Protection) Act 2003** | **Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014** | Assent Date: | 3.6.14 | | Commencement Date: | S. 10(Sch. item 167) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 | | Current State: | This information relates only to the provision/s amending the **Terrorism (Community Protection) Act 2003** | **Emergency Management Amendment (Critical Infrastructure Resilience) Act 2014, No. 76/2014** | *Assent Date:* | 21.10.14 | | *Commencement Date:* | S. 8 on 1.7.15: s. 2(2) | | *Current State:* | This information relates only to the provision/s amending the **Terrorism (Community Protection) Act 2003** | **Statute Law Revision Act 2015, No. 21/2015** | *Assent Date:* | 16.6.15 | | *Commencement Date:* | S. 3(Sch. 1 item 54) on 1.8.15: s. 2(1) | | *Current State:* | This information relates only to the provision/s amending the **Terrorism (Community Protection) Act 2003** | **Terrorism (Community Protection) Amendment Act 2015, No. 70/2015** | Assent Date: | 15.12.15 | | Commencement Date: | 16.12.15: s. 2 | | Current State: | This information relates only to the provision/s amending the **Terrorism (Community Protection) Act 2003** | **Sentencing (Community Correction Order) and Other Acts Amendment Act 2016, No. 65/2016** | *Assent Date:* | 15.11.16 | | *Commencement Date:* | S. 22 on 20.3.17: Special Gazette (No. 17) 31.1.17 p. 1 | | *Current State:* | This information relates only to the provision/s amending the **Terrorism (Community Protection) Act 2003** | **Oaths and Affirmations Act 2018, No. 6/2018** | Assent Date: | 27.2.18 | | Commencement Date: | S. 68(Sch. 2 item 124) on 1.3.19: s. 2(2) | | Current State: | This information relates only to the provision/s amending the **Terrorism (Community Protection) Act 2003** | **Justice Legislation Amendment (Terrorism) Act 2018, No. 32/2018** | *Assent Date:* | 7.8.18 | | *Commencement Date:* | Ss 3–79 on 1.10.18: s. 2(2) | | *Current State:* | This information relates only to the provision/s amending the **Terrorism (Community Protection) Act 2003** | **Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018, No. 33/2018** | Assent Date: | 14.8.18 | | Commencement Date: | S. 105 on 31.7.19: Special Gazette (No. 306) 30.7.19 p. 1 | | Current State: | This information relates only to the provision/s amending the **Terrorism (Community Protection) Act 2003** | **Emergency Management Legislation Amendment Act 2018, No. 36/2018** | Assent Date: | 21.8.18 | | Commencement Date: | S. 39 on 30.9.20: Special Gazette (No. 494) 29.9.20 p. 1 | | Current State: | This information relates only to the provision/s amending the **Terrorism (Community Protection) Act 2003** | **Firefighters' Presumptive Rights Compensation and Fire Services Legislation Amendment (Reform) Act 2019, No. 20/2019** | Assent Date: | 2.7.19 | | Commencement Date: | S. 190 on 1.7.20: Special Gazette (No. 328) 30.6.20 p. 1 | | Current State: | This information relates only to the provision/s amending the **Terrorism (Community Protection) Act 2003** | **Terrorism (Community Protection) Amendment Act 2021, No. 47/2021[[2]](#endnote-3)** | Assent Date: | 3.11.21 | | Commencement Date: | Ss 23, 24 on 4.11.21: s. 2(1); ss 5(3), 8(1)(a), 9(2)(a)(3), 12, 13, 15(7)–(11), 17, 18(2) on 24.2.22: Special Gazette (No. 87) 22.2.22 p. 1; ss 4, 5(1)(2)(4), 6, 7, 8(1)(b)(2)(3), 9(1)(2)(b)(4)(5), 10, 11, 14, 15(1)–(6)(12), 16, 18(1), 19–22 on 2.9.22: s. 2(3) | | Current State: | This information relates only to the provision/s amending the **Terrorism (Community Protection) Act 2003** | **Statute Law Amendment Act 2023, No. 6/2023** | Assent Date: | 9.5.23 | | Commencement Date: | S. 3(Sch. 1 item 6) on 10.5.23: s. 2 | | Current State: | This information relates only to the provision/s amending the **Terrorism (Community Protection) Act 2003** | **Justice Legislation Amendment (Police and Other Matters) Act 2024, No. 2/2024** | Assent Date: | 20.2.24 | | Commencement Date: | Ss 16−41 on 21.2.24: s. 2(1) | | Current State: | This information relates only to the provision/s amending the **Terrorism (Community Protection) Act 2003** | **Justice Legislation Amendment (Integrity, Defamation and Other Matters) Act 2024, No. 31/2024** | Assent Date: | 10.9.24 | | Commencement Date: | Ss 34, 35 on 1.11.24: Special Gazette (No. 579) 29.10.24 p. 1; s. 113(Sch. 1 item 39) on 10.2.25: Special Gazette (No. 648) 26.11.24 p. 1 | | Current State: | This information relates only to the provision/s amending the **Terrorism (Community Protection) Act 2003** | **Terrorism (Community Protection) and Control of Weapons Amendment Act 2025, No. 9/2025** | Assent Date: | 25.3.25 | | Commencement Date: | Ss 3–54 on 26.3.25: s. 2(1) | | Current State: | This information relates only to the provision/s amending the **Terrorism (Community Protection) Act 2003** | ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 3 Explanatory details 1. S. 10(6): The amendment proposed by section 68(Schedule 2 item 124.3) of the **Oaths and Affirmations Act 2018**, No. 6/2018 is not included in this publication because the word "sworn" does not appear in section 10(6). Section 68(Schedule 2 item 124.3) reads as follows: