(1) A police officer who conducts a search of a person under section 13AQ or 13T of the Act must do so in one or more of the following ways—
(a) passing a metal detector or any other system or device designed to assist in the detection of metal objects over or in close proximity to the person's outer clothing;
(b) running the police officer's hands over the person's outer clothing;
(c) requesting the person to remove outer clothing so that the police officer may—
(i) pass a metal detector or any other system or device designed to assist in the detection of metal objects over or in close proximity to the person's clothing that was immediately under the outer clothing; or
(ii) run the police officer's hands over the person's clothing that was immediately under the outer clothing; or
(iii) examine the outer clothing.
(2) Before conducting a search of a person under section 13AQ or 13T of the Act, the police officer who is to conduct the search must, if reasonably practicable, ask the person who is to be searched if they have in their possession any item that—
(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; or
(d) is evidence of, or relates to, a terrorist act.
(3) A search under section 13AQ or 13T of the Act must—
(a) if reasonably practicable, be conducted by a police officer who is of the same gender as the gender identified by the person to be searched; and
(b) not be conducted by more police officers than are reasonably necessary to ensure the safety of the police officers and the person to be searched.
11 Dealing with items seized
(1) For the purposes of sections 13AQ and 13T of the Act, a police officer carrying out a search must deal with an item seized in accordance with this regulation.
(2) If the item may be required as evidence of an offence, the police officer in charge of the place of detention must direct that the item be retained.
(3) If subregulation (2) does not apply, the police officer in charge of the place of detention must direct that the item be—
(a) returned to the owner of the item if reasonably practicable in the circumstances and the police officer in charge forms the reasonable belief that the person from whom the item was seized is not entitled at law to possess it; or
(b) stored as part of the property of the detained person from whom the item was seized.
12 Register of items seized
(1) The Chief Commissioner must maintain a register of items seized under sections 13AQ and 13T of the Act.
(2) If an item is seized during a search under section 13AQ or 13T of the Act, the Chief Commissioner must ensure that the following information is entered in the register maintained under subregulation (1)—
(a) the name of the person from whom the item was seized (if known);
(b) the date and time of the seizure;
(c) a description of the item seized;
(d) details of the discovery of the item;
(e) the name and signature of the police officer who seized the item;
(f) details of the manner in which the item was dealt with.
Pt 4 (Heading and reg. 13) inserted by S.R. No. 91/2022 reg. 3.
Part 4—Countering Violent Extremism Multi-Agency Panel
Reg. 13 inserted by S.R. No. 91/2022 reg. 3.
13 Prescribed Departments
The following Departments are prescribed Departments for the purposes of section 22AU(3)(b) and (4)(b) of the Act—
(a) Department of Education and Training;
(b) Department of Families, Fairness and Housing;
(c) Department of Health;
(d) Department of Jobs, Precincts and Regions.
Note
If the name of a particular Department is changed under the Public Administration Act 2004, the reference to that Department in these Regulations is, from the date when the name is changed and so far as it relates to any period on or after that date, to be taken to be a reference to the Department by its new name—see section 38AAA of the Interpretation of Legislation Act 1984.
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Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Terrorism (Community Protection) Regulations 2018, S.R. No. 183/2018 were made on 24 October 2018 by the Governor in Council under section 40 of the Terrorism (Community Protection) Act 2003, No. 7/2003 and came into operation on 24 October 2018: regulation 3.
The Terrorism (Community Protection) Regulations 2018 will sunset 10 years after the day of making on 24 October 2028 (see section 5 of the Subordinate Legislation Act 1994).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Terrorism (Community Protection) Regulations 2018 by statutory rules, subordinate instruments and Acts.