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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Terrorism (Community Protection) (Further
Amendment) Act 2006
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 2
1. Purposes 2
2. Commencement 2
3. Principal Act 2
PART 2--AMENDMENTS TO THE TERRORISM (COMMUNITY
PROTECTION) ACT 2003 3
4. Definitions 3
5. New section 4B inserted 4
4B. Providing documents or information facilitating
terrorist acts 4
6. Preventative detention orders 5
7. Authorisation 5
8. What is authorised? 5
9. New section 18A inserted 7
18A. Requests for communication and medical treatment by
persons detained 7
10. Reporting about prescribed chemical or other substance 7
11. Declared essential services 8
12. Risk management plans 8
13. Training exercises 9
14. Offence not to comply with directions 10
15. Operation of Act 10
16. Regulations 10
17. Statute law revision 11
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551462B.I1-4/4/2006 BILL LA INTRODUCTION 4/4/2006
Clause Page
PART 3--AMENDMENT OF OTHER ACTS 12
18. New section 10AA inserted in Public Records Act 1973 12
10AA. Certain records may be withheld from public inspection 12
19. Freedom of Information Act 1982--deletion of irrelevant
material 13
20. Freedom of Information Act 1982--new section 6A inserted 14
6A. Relationship with other laws 14
21. Freedom of Information Act 1982--new section 27A inserted 15
27A. Interpretation 15
22. Freedom of Information Act 1982--exempt documents 16
23. Consequential amendment of Freedom of Information
Act 1982 18
ENDNOTES 19
ii
551462B.I1-4/4/2006 BILL LA INTRODUCTION 4/4/2006
PARLIAMENT OF VICTORIA
A BILL
to make miscellaneous amendments to the Terrorism (Community
Protection) Act 2003, to amend the Public Records Act 1973 to
provide for certain records to be withheld from public inspection, to
amend the Freedom of Information Act 1982 to provide for certain
documents to be exempt documents under that Act and for other
purposes.
Terrorism (Community Protection)
(Further Amendment) Act 2006
The Parliament of Victoria enacts as follows:
1
551462B.I1-4/4/2006 BILL LA INTRODUCTION 4/4/2006
Terrorism (Community Protection) (Further Amendment) Act
2006
Act No.
Part 1--Preliminary
s. 1
PART 1--PRELIMINARY
1. Purposes
The main purposes of this Act are--
(a) to make miscellaneous amendments to the
Terrorism (Community Protection) Act
2003;
5
(b) to amend the Public Records Act 1973 to
provide for certain records to be withheld
from public inspection;
(c) to amend the Freedom of Information Act
1982 to provide for certain documents to be
10
exempt documents under that Act.
2. Commencement
This Act comes into operation on the day after the
day on which it receives the Royal Assent.
3. Principal Act
15
See: In this Act, the Terrorism (Community
Act No.
Protection) Act 2003 is called the Principal Act.
7/2003.
Reprint No. 1
as at 9 March
2006.
LawToday:
www.dms.
dpc.vic.
gov.au
__________________
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Terrorism (Community Protection) (Further Amendment) Act
2006
Act No.
Part 2--Amendments to the Terrorism (Community Protection) Act 2003
s. 4
PART 2--AMENDMENTS TO THE TERRORISM
(COMMUNITY PROTECTION) ACT 2003
4. Definitions
(1) In section 3 of the Principal Act--
(a) for the definition of "Assistant
5
Commissioner" substitute--
' "Assistant Commissioner" means an
Assistant Commissioner of Police for
Victoria;';
(b) for the definition of "Chief Commissioner"
10
substitute--
' "Chief Commissioner" means the Chief
Commissioner of Police for Victoria;';
(c) for the definition of "Deputy Commissioner"
substitute--
15
' "Deputy Commissioner" means a Deputy
Commissioner of Police for Victoria;'.
(2) In section 4(2)(f) of the Principal Act--
(a) in sub-paragraph (iv) after "services" insert
"by any entity (whether publicly or privately
20
owned)";
(b) in sub-paragraph (v) after "utility" insert
"(whether publicly or privately owned)".
(3) The note at the foot of section 4 of the Principal
Act is repealed.
25
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Terrorism (Community Protection) (Further Amendment) Act
2006
Act No.
Part 2--Amendments to the Terrorism (Community Protection) Act 2003
s. 5
5. New section 4B inserted
After section 4A of the Principal Act insert--
"4B. Providing documents or information
facilitating terrorist acts
(1) A person commits an offence if--
5
(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
10
(c) the person does so with the intention of
facilitating preparation for, the
engagement of a person in or assistance
in a terrorist act.
Penalty: Level 5 imprisonment (10 years
15
maximum).
(2) A person commits an offence under sub-
section (1) even if the terrorist act does not
occur.
(3) If--
20
(a) an act or omission by a person is both
an offence against sub-section (1) and
an offence against Part 5.3 of the
Criminal Code of the Commonwealth;
and
25
(b) the person has been punished for the
offence under that Part--
the person is not liable to be punished for the
offence against sub-section (1).".
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Terrorism (Community Protection) (Further Amendment) Act
2006
Act No.
Part 2--Amendments to the Terrorism (Community Protection) Act 2003
s. 6
6. Preventative detention orders
(1) After section 13D(6) of the Principal Act insert--
"(7) The applicant must give notice of the
application to the Secretary to the
Department of Human Services if the person
5
in relation to whom a preventative detention
order is being sought is under 18 years of
age.
(8) The validity of an application is not affected
by a failure to comply with sub-section (7).".
10
(2) In section 13F(8) of the Principal Act, after
"Supreme Court" insert ", having considered any
evidence given or submissions made by or on
behalf of the Secretary to the Department of
Human Services,".
15
7. Authorisation
In section 16(1)(b) of the Principal Act, after
"area," (where secondly occurring) insert
"will be, or".
8. What is authorised?
20
(1) After section 18(1)(c) of the Principal Act
insert--
"(ca) dispose of, destroy or seize--
(i) any source of contamination or possible
contamination; or
25
(ii) any thing contaminated; and".
(2) In section 18(1)(d) of the Principal Act, for
"agency." substitute "agency; and".
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2006
Act No.
Part 2--Amendments to the Terrorism (Community Protection) Act 2003
s. 8
(3) After section 18(1)(d) of the Principal Act
insert--
"(e) subject to sub-sections (4) and (5), enter a
place in the danger area suspected of
exposure to contamination without the
5
consent of the occupier of that place and
exercise a power referred to in paragraph (a),
(b), (c), (ca) or (d), or sub-section (3), at that
place.".
(4) For section 18(4) of the Principal Act
10
substitute--
"(4) Subject to sub-section (5), an authorised
member of the force must not enter a place
referred to in sub-section (1)(e) that is used
only for residential purposes without the
15
consent of the occupier of that place.
(5) An authorised member of the force may
enter a place used only for residential
purposes in the danger area suspected of
exposure to contamination without the
20
consent of the occupier of that place if the
authorised member of the force believes on
reasonable grounds that immediate entry to
that place is necessary to--
(a) ensure the safety of any person; or
25
(b) prevent or limit the spread of
contamination caused by the terrorist
act or suspected terrorist act.
(6) If, under an authorisation under this Part, an
authorised member of the force is authorised
30
to exercise a power referred to in sub-
section (1)(b), (c), (ca), (d) or (e), that
member may exercise that power with any
assistance from any other person that that
member considers reasonably necessary.
35
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2006
Act No.
Part 2--Amendments to the Terrorism (Community Protection) Act 2003
s. 9
(7) A person must not refuse or fail to comply
with a direction under sub-section (1)(b)
or (d) unless the person has a reasonable
excuse.
Penalty: Level 9 fine (60 penalty units
5
maximum).
(8) A person must not hinder, obstruct or delay a
member of the force authorised under this
Part in the exercise of a power referred to
sub-section (1) or (3).
10
Penalty: In the case of a natural person,
level 9 fine (60 penalty units
maximum);
In the case of a body corporate,
300 penalty units.".
15
9. New section 18A inserted
After section 18 of the Principal Act insert--
"18A. Requests for communication and medical
treatment by persons detained
A member of the force must facilitate any
20
reasonable request for communication or
medical treatment made by a person detained
under an authorisation under this Part.".
10. Reporting about prescribed chemical or other
substance
25
(1) In section 22(1) of the Principal Act--
(a) after "theft or" (where first occurring) insert
"unexplained";
(b) omit "prescribed" (where first occurring).
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2006
Act No.
Part 2--Amendments to the Terrorism (Community Protection) Act 2003
s. 11
(2) For section 22(2) and (3) of the Principal Act
substitute--
'(2) In this section "unexplained loss", in
relation to a prescribed chemical or other
prescribed substance, means any loss the
5
cause of which cannot be explained by
product density changes, spillage, calibration
variances or the effects of humidity or other
like things.'.
11. Declared essential services
10
(1) In section 28(1) of the Principal Act, omit
"published in the Government Gazette".
(2) After section 28(3) of the Principal Act insert--
"(4) An essential service or part of an essential
service is only a declared essential service
15
for the purposes of this Part if the relevant
Minister has provided the operator of the
essential service with a copy of the Order
under sub-section (1) relating to that
essential service.
20
(5) The relevant Minister must cause a copy of
any Order under sub-section (1) to be given
to the Chief Commissioner of Police.
(6) A failure to comply with sub-section (5) in
relation to an Order does not affect the
25
validity, operation or effect of the Order.".
12. Risk management plans
(1) In section 29(2) of the Principal Act, after
"operator" insert "and must comply with any
prescribed standard".
30
(2) After section 34(a) of the Principal Act insert--
"(ab) the risk management plan complies with any
prescribed standard;".
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2006
Act No.
Part 2--Amendments to the Terrorism (Community Protection) Act 2003
s. 13
13. Training exercises
(1) In section 33(1)(b) of the Principal Act, after
"Chief Commissioner" insert "and the relevant
Minister".
(2) After section 33(1) of the Principal Act insert--
5
"(1A) The training exercise must comply with any
prescribed standard.".
(3) For section 33(2) of the Principal Act
substitute--
"(2) The training exercise must be--
10
(a) prepared in consultation with the
relevant Minister; and
(b) conducted at a time and place, and in
the manner, determined by the relevant
Minister.
15
(3) In determining the time and place for the
conduct of the training exercise, and the
manner in which the training exercise must
be conducted, the relevant Minister must
consult with the Chief Commissioner and the
20
operator.
(4) Any member of the force who supervises the
conduct of a training exercise on behalf of
the Chief Commissioner must report in
writing on the adequacy of the exercise to
25
the Chief Commissioner and the relevant
Minister.
(5) The member of the force referred to in sub-
section (4) must consult with the relevant
Minister as to the form and content of any
30
report prepared for the purposes of that sub-
section.".
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Terrorism (Community Protection) (Further Amendment) Act
2006
Act No.
Part 2--Amendments to the Terrorism (Community Protection) Act 2003
s. 14
14. Offence not to comply with directions
At the end of section 36 of the Principal Act
insert--
"(2) The operator of a declared essential service
who is directed under sub-section (1) to
5
comply with a specified provision of this Act
must not, without reasonable excuse, fail to
comply with the direction within the time
specified in the direction.
Penalty: In the case of a natural person,
10
level 6 fine (600 penalty units
maximum);
In the case of a body corporate,
level 2 fine (3000 penalty units
maximum).
15
(3) The fact that the operator of a declared
service is charged with, or found guilty or
convicted of, an offence against sub-
section (2) does not prevent the making or
determination of an application under
20
section 37(1) or affect in any way any order
made under section 37(2).".
15. Operation of Act
In section 39 of the Principal Act, after "1999"
insert ", the Radiation Act 2005".
25
16. Regulations
After section 40(2) of the Principal Act insert--
"(3) Regulations made under this Act may be
made--
(a) so as to apply--
30
(i) at all times or at a specified time;
or
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2006
Act No.
Part 2--Amendments to the Terrorism (Community Protection) Act 2003
s. 17
(ii) throughout the whole of the State
or in a specified part of the State;
(b) so as to require a matter affected by the
regulations to be--
(i) in accordance with a specified
5
standard or specified requirement;
or
(ii) approved by or to the satisfaction
of a prescribed person;
(c) so as to confer a discretionary authority
10
on a prescribed person;
(d) so as to provide, in a specified case or
class of case, for the exemption of
persons or things or a class of persons
or things from any of the provisions of
15
the regulations, whether
unconditionally or on specified
conditions and either wholly or to the
extent specified.".
17. Statute law revision
20
(1) In section 13W(9) of the Principal Act, after
"his or" insert "her".
(2) In the Note at the foot of section 13X(2)(f) of the
Principal Act, for "13ZV" substitute "13ZU".
__________________
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2006
Act No.
Part 3--Amendment of Other Acts
s. 18
PART 3--AMENDMENT OF OTHER ACTS
See: 18. New section 10AA inserted in Public Records Act
Act No.
1973
8418.
Reprint No. 3
After section 10 of the Public Records Act 1973
as at
26 March
insert--
5 1998
and
"10AA. Certain records may be withheld from
amending
public inspection
Act Nos
46/1998 and
(1) This section applies to any record the
108/2004.
LawToday:
disclosure of which would, or could
www.dms.
reasonably be expected to--
dpc.vic.
10
gov.au
(a) cause damage to the security of the
Commonwealth or any State or
Territory; or
(b) cause damage to the defence of the
Commonwealth; or
15
(c) cause damage to the international
relations of the Commonwealth; or
(d) endanger the security of any premises
within the meaning of the Terrorism
(Community Protection) Act 2003.
20
(2) The Minister or the Keeper of Public
Records may, by notice published in the
Government Gazette, declare that a specified
record or class of record to which this
section applies transferred or to be
25
transferred to the Public Record Office is, on
and from the specified date, to cease to be, or
is not to be, available for public inspection
either indefinitely or for the specified period.
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2006
Act No.
Part 3--Amendment of Other Acts
s. 19
(3) The Minister or the Keeper (as the case
requires) may, by instrument, permit (on any
conditions or restrictions specified in the
instrument) all or any of the records covered
by this section to be available for inspection
5
by any person or class of person specified in
the instrument.
(4) A person permitted to inspect a record in
accordance with sub-section (3) must not
contravene any condition or restriction
10
applicable to that inspection.
Penalty: 5 penalty units.
(5) The Minister may only exercise a power
conferred by this section after consultation
with the Minister responsible for the
15
administration of the public office from
which the record was, or is to be, transferred
or, if the case so requires, for the time being
exercising the functions to which the record
relates.".
20
See:
19. Freedom of Information Act 1982--deletion of Act No.
irrelevant material 9859.
Reprint No. 6
(1) In the definition of "document" in section 5(1) of as at
12 December
the Freedom of Information Act 1982-- 2005
and
(a) at the end of paragraphs (a), (b), (c) and (d)
25 amending
insert "and"; Act No.
97/2005.
(b) in paragraph (f) for "them--" substitute LawToday:
www.dms.
"them; and"; dpc.vic.
gov.au
(c) after paragraph (f) insert--
"(g) any copy, reproduction or duplicate of
30
any thing referred to in paragraphs (a)
to (f); and
(h) any part of a copy, reproduction or
duplicate referred to in paragraph
(g)--".
35
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2006
Act No.
Part 3--Amendment of Other Acts
s. 20
(2) Insert the following heading to section 25 of the
Freedom of Information Act 1982--
"Deletion of exempt matter or irrelevant
material".
(3) In section 25 of the Freedom of Information Act
5
1982--
(a) in paragraph (a) after "exempt document"
insert "or that to grant the request would
disclose information that would reasonably
be regarded as irrelevant to the request";
10
(b) in paragraph (b) after "exempt document"
insert "or a document that would not
disclose such information (as the case
requires)".
(4) In section 27(1)(c) of the Freedom of
15
Information Act 1982, after "exempt" insert "or
irrelevant".
20. Freedom of Information Act 1982--new section 6A
inserted
After section 6 of the Freedom of Information
20
Act 1982 insert--
"6A. Relationship with other laws
(1) This Act does not affect the operation of any
other Act or law (including, but not limited
to, the Public Records Act 1973, the
25
Information Privacy Act 2000 and the
Health Records Act 2001)--
(a) that requires information concerning
documents of an agency or official
documents of a Minister to be made
30
available to the public; or
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551462B.I1-4/4/2006 BILL LA INTRODUCTION 4/4/2006
Terrorism (Community Protection) (Further Amendment) Act
2006
Act No.
Part 3--Amendment of Other Acts
s. 21
(b) that enables a person to obtain access to
a document of an agency or an official
document of a Minister.
(2) Nothing in this section limits or affects
section 15 or 16.
5
Note: Section 10A of the Public Records Act 1973
provides that nothing in that Act prevents a person
from giving access to records otherwise than in
accordance with that Act where the person can
10 properly do so or is required by law to do so.
See also sections 6 and 12 of the Information
Privacy Act 2000 and sections 7 and 16 of the
Health Records Act 2001.".
21. Freedom of Information Act 1982--new section 27A
inserted
15
In Part IV of the Freedom of Information Act
1982, before section 28 insert--
"27A. Interpretation
A provision of this Part by virtue of which
documents referred to in it are exempt
20
documents--
(a) is not to be construed as limited in its
scope or operation in any way by any
other provision of this Part by virtue of
which documents are exempt
25
documents; and
(b) is not to be construed as not applying to
a particular document by reason that
another provision of this Part of a kind
mentioned in paragraph (a) also applies
30
to that document.".
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2006
Act No.
Part 3--Amendment of Other Acts
s. 22
22. Freedom of Information Act 1982--exempt
documents
(1) In section 28(4) of the Freedom of Information
Act 1982--
(a) after "request" insert "is or";
5
(b) for ", if such a document exists, it is an
exempt document" substitute "the document
is or would, if it existed, be an exempt
document".
(2) After section 29A(1) of the Freedom of
10
Information Act 1982 insert--
"(1A) Without limiting sub-section (1), a document
is an exempt document if it is a document
created (whether before or after the
commencement of section 22 of the
15
Terrorism (Community Protection)
(Further Amendment) Act 2006) by the
Counter Terrorism Coordination and
Emergency Management Department of the
police force of Victoria.
20
(1B) Without limiting sub-section (1), a document
is an exempt document if--
(a) its disclosure would, or could
reasonably be expected to, endanger the
security of any premises within the
25
meaning of the Terrorism
(Community Protection) Act 2003; or
(b) it is a risk management plan prepared
under section 29 of the Terrorism
(Community Protection) Act 2003; or
30
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Terrorism (Community Protection) (Further Amendment) Act
2006
Act No.
Part 3--Amendment of Other Acts
s. 22
(c) it is a document containing, or
containing a general outline of, a
training exercise prepared under
section 33 of the Terrorism
(Community Protection) Act 2003; or
5
(d) it is a document that is or contains a
report or advice on the adequacy of a
plan referred to in paragraph (b) or of a
document or exercise referred to in
paragraph (c) or may otherwise disclose
10
details of any such plan or exercise--
whether the document is created before or
after the commencement of section 22 of the
Terrorism (Community Protection)
(Further Amendment) Act 2006.".
15
(3) In section 29A(2) of the Freedom of Information
Act 1982--
(a) after "request" insert "is or";
(b) after "sub-section (1)" insert "or (1B) or in
sub-section (1A)";
20
(c) for ", if such a document exists, it is an
exempt document" substitute "the document
is or would, if it existed, be an exempt
document".
(4) In section 29A(3) of the Freedom of Information
25
Act 1982, after "(1)" insert ", (1A) or (1B)".
(5) In section 31(3) of the Freedom of Information
Act 1982, after "Bureau of Criminal Intelligence"
insert "or (whether before or after the
commencement of section 22 of the Terrorism
30
(Community Protection) (Further Amendment)
Act 2006) by the Intelligence and Covert Support
Department of the police force of Victoria".
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Terrorism (Community Protection) (Further Amendment) Act
2006
Act No.
Part 3--Amendment of Other Acts
s. 23
23. Consequential amendment of Freedom of
Information Act 1982
(1) In section 15(3) of the Freedom of Information
Act 1982, after "section 10" insert ", section
10AA".
5
(2) Section 15(4) of the Freedom of Information
Act 1982 is repealed.
18
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Terrorism (Community Protection) (Further Amendment) Act
2006
Act No.
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
19
551462B.I1-4/4/2006 BILL LA INTRODUCTION 4/4/2006
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