TERRORISM (COMMUNITY PROTECTION) (AMENDMENT) BILL 2005

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TERRORISM (COMMUNITY PROTECTION) (AMENDMENT) BILL 2005

PARLIAMENT OF VICTORIA Terrorism (Community Protection) (Amendment) Act 2005 Act No. TABLE OF PROVISIONS Clause Page 1. Purposes 2 2. Commencement 2 3. Principal Act 2 4. New Part 2A inserted in Principal Act 3 PART 2A--PREVENTATIVE DETENTION ORDERS 3 Division 1--Preliminary 3 13A. Object of Part 3 13B. Definitions 3 Division 2--Preventative Detention Orders 6 13C. Application for preventative detention order 6 13D. Form and content of application 7 13E. Preventative detention orders 11 13F. Nature of preventative detention order 16 13G. Duration of preventative detention orders 18 13H. When order starts and ceases to have effect 19 13I. Extension of preventative detention order 21 13J. No preventative detention order in relation to person under 16 years of age 23 13K. Restrictions on multiple preventative detention orders 23 13L. Prohibited contact order (person in relation to whom preventative detention order is being sought) 25 13M. Prohibited contact order (person in relation to whom preventative detention order is already in force) 27 13N. Application by detainee for revocation or variation of preventative detention order or prohibited contact order 28 13O. Application by police for revocation or variation of preventative detention order or prohibited contact order 30 Division 3--Carrying out Preventative Detention Orders 33 13P. Power to detain person under preventative detention order 33 13Q. Endorsement of order with date and time person taken into custody or detained 36 i 551393B.I1-16/11/2005 BILL LA INTRODUCTION 16/11/2005

Clause Page 13R. Requirement to provide name etc. 36 13S. Power to enter premises 38 13T. Power to conduct search 38 13U. Warrant under section 34D of the Australian Security Intelligence Organisation Act 1979 of the Commonwealth 39 13V. Release of person from preventative detention 40 13W. Arrangement for detainee to be held in prison 42 Division 4--Informing Person Detained about Preventative Detention Order 45 13X. Effect of preventative detention order to be explained to person detained 45 13Y. Person being detained to be informed of extension of preventative detention order 47 13Z. Compliance with obligations to inform 48 13ZA. Copy of preventative detention order 48 Division 5--Treatment of Person Detained 51 13ZB. Humane treatment of person being detained 51 13ZC. Restriction on contact with other people 52 13ZD. Contacting family members etc. 53 13ZE. Contacting Ombudsman etc. 56 13ZF. Contacting lawyer 56 13ZG. Monitoring contact under section 13ZD or 13ZF 59 13ZH. Special contact rules for person under 18 or incapable of managing own affairs 60 13ZI. Entitlement to contact subject to prohibited contact order 63 13ZJ. Disclosure offences 63 13ZK. Questioning of person prohibited while person is detained 70 13ZL. Taking identification material 71 13ZM. Use of identification material 74 13ZN. Offences of contravening safeguards 75 Division 6--Miscellaneous 76 13ZO. Standard of proof 76 13ZP. Nature of proceedings 76 13ZQ. False or misleading information or documents 76 13ZR. Member of the force detaining person under a preventative detention order 77 13ZS. Annual report 77 13ZT. Ombudsman etc. functions and powers not affected 79 13ZU. Law relating to legal professional privilege not affected 79 13ZV. Legal proceedings in relation to orders 79 13ZW. Sunset provision 80 ii 551393B.I1-16/11/2005 BILL LA INTRODUCTION 16/11/2005

Clause Page 5. New Part 3A inserted in Principal Act 81 PART 3A--SPECIAL POLICE POWERS 81 Division 1--Preliminary 81 21A. Definitions 81 Division 2--Authorisation to Exercise Special Powers 82 21B. Authorisation of special powers to protect persons attending events from a terrorist act 82 21C. Extension of authorisation under section 21B 86 21D. Authorisation of special powers to prevent, or reduce the impact of, a terrorist act 87 21E. Authorisation of special powers relating to the investigation of, or recovery from, a terrorist act 90 21F. Authorisation of special powers to protect essential services from a terrorist act 93 21G. Persons, vehicles or areas targeted by authorisation 94 21H. How authorisation may be given 94 21I. Duration of authorisation 95 21J. Interim authorisations not open to challenge 96 21K. Exercise of special powers by members of the force 97 21L. Power to give directions to public entities 98 21M. Annual report 98 Division 3--Powers 99 21N. Purposes for which special powers may be exercised 99 21O. Power to obtain disclosure of identity 99 21P. Power to search persons 100 21Q. Power to search vehicles 102 21R. Power to move vehicles 102 21S. Power to enter and search premises 103 21T. Cordon around target area 104 21U. Power to seize and detain things 104 21V. Use of force generally by members of the force 105 21W. Offence to obstruct or hinder search or other powers 106 21X. Supplying member of the force's details and other information 106 6. New Schedule 1 inserted in Principal Act 107 SCHEDULE 1--Conduct of Personal Searches Under Part 3A 107 7. New section 4A inserted in Principal Act 112 4A. Extraterritoriality of terrorist act no barrier 112 8. Covert search warrants 112 9. Review 113 10. New section 39A inserted in Principal Act 113 39A. Supreme Court--limitation of jurisdiction 113 iii 551393B.I1-16/11/2005 BILL LA INTRODUCTION 16/11/2005

Clause Page 11. Expiry 113 12. Consequential amendment of Principal Act 113 13. Statute law revision 114 14. Amendment of Corrections Act 1986 114 ENDNOTES 118 iv 551393B.I1-16/11/2005 BILL LA INTRODUCTION 16/11/2005

PARLIAMENT OF VICTORIA A BILL to amend the Terrorism (Community Protection) Act 2003 to provide for the making of preventative detention orders, to give members of the police force special powers in connection with terrorist acts and to expand the circumstances in which covert search warrants may be issued, to amend the Corrections Act 1986 to provide for the detention of persons subject to preventative detention orders and for other purposes. Terrorism (Community Protection) (Amendment) Act 2005 The Parliament of Victoria enacts as follows: 1 551393B.I1-16/11/2005 BILL LA INTRODUCTION 16/11/2005

Terrorism (Community Protection) (Amendment) Act 2005 s. 1 Act No. 1. Purposes The main purposes of this Act are-- (a) to amend the Terrorism (Community Protection) Act 2003-- (i) to provide for the making of 5 preventative detention orders; and (ii) to give members of the police force special powers in connection with terrorist acts; and (iii) to expand the circumstances in which 10 covert search warrants may be issued; and (iv) to provide for a review of the operation of the Act to be undertaken and completed by 30 June 2011; 15 (b) to amend the Corrections Act 1986 to provide for the detention of persons subject to preventative detention orders. 2. Commencement (1) Subject to sub-section (2), this Act comes into 20 operation on a day or days to be proclaimed. (2) If a provision of this Act does not come into operation before 9 March 2006, it comes into operation on that day. 3. Principal Act 25 See: In this Act, the Terrorism (Community Act No. Protection) Act 2003 is called the Principal Act. 7/2003 and amending Act Nos 67/2004 and 20/2005. LawToday: www.dms. dpc.vic. gov.au 2 551393B.I1-16/11/2005 BILL LA INTRODUCTION 16/11/2005

Terrorism (Community Protection) (Amendment) Act 2005 s. 4 Act No. 4. New Part 2A inserted in Principal Act After Part 2 of the Principal Act insert-- 'PART 2A--PREVENTATIVE DETENTION ORDERS Division 1--Preliminary 5 13A. Object of Part The object of this Part is to allow a person to be taken into custody and detained for up to 14 days in order to-- (a) prevent an imminent terrorist act 10 occurring; or (b) preserve evidence of, or relating to, a recent terrorist act. Note: Section 13ZK provides that, while a person is being 15 detained under a preventative detention order, the person may only be questioned for very limited purposes. 13B. Definitions (1) In this Part-- "AFP member" has the same meaning as in 20 Part 5.3 of the Criminal Code of the Commonwealth; "authorised member of the force" means a member of the force appointed by the Chief Commissioner of Police under 25 sub-section (2); "Commonwealth control order" has the same meaning as "control order" has in Part 5.3 of the Criminal Code of the Commonwealth; 30 3 551393B.I1-16/11/2005 BILL LA INTRODUCTION 16/11/2005

Terrorism (Community Protection) (Amendment) Act 2005 s. 4 Act No. "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 5 Territory, or particular provisions of a law of another State or of a Territory, that-- (i) corresponds or correspond to this Part; or 10 (ii) is or are declared by the regulations to correspond to this Part; "identification material", in relation to a person, means samples taken from a 15 part of the person's body from which a DNA profile may be derived, prints of the person's hands, fingers, feet or toes, recordings of the person's voice, samples of the person's handwriting or 20 photographs (including video recordings) of the person; "interim preventative detention order" means an interim preventative detention order made by the Supreme Court 25 under section 13E; "lawyer" means an Australian lawyer within the meaning of the Legal Profession Act 2004; "police gaol" has the same meaning as in 30 the Corrections Act 1986; 4 551393B.I1-16/11/2005 BILL LA INTRODUCTION 16/11/2005

Terrorism (Community Protection) (Amendment) Act 2005 s. 4 Act No. "prescribed authority" has the same meaning as in Division 3 of Part III of the Australian Security Intelligence Organisation Act 1979 of the Commonwealth; 5 "preventative detention order" means an order made under section 13E, as varied under section 13N or 13O, and includes an interim preventative detention order; 10 "prison" has the same meaning as in the Corrections Act 1986; "prohibited contact order" means an order made under section 13L or 13M, as varied under section 13N or 13O; 15 "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 20 (c) could be used to contact another person or to operate a device remotely; "senior police officer" means a member of the force of or above the rank of 25 Assistant Commissioner. (2) The Chief Commissioner of Police may appoint in writing members of the force, or a class or classes of members of the force, to be authorised members of the force for the 30 purpose of making applications under section 13C, 13I and 13M. 5 551393B.I1-16/11/2005 BILL LA INTRODUCTION 16/11/2005

Terrorism (Community Protection) (Amendment) Act 2005 s. 4 Act No. Division 2--Preventative Detention Orders 13C. Application for preventative detention order (1) An authorised member of the force (the applicant) may apply to the Supreme Court 5 or, subject to sub-section (3), to a senior police officer for a preventative detention order in relation to a person (the subject) if-- (a) the applicant is satisfied that-- 10 (i) there are reasonable grounds to suspect that the subject-- (A) will engage in a terrorist act; or (B) possesses or has under his or 15 her control (whether solely or jointly with any other person) a thing that is connected with the preparation for, or the 20 engagement of a person in, a terrorist act; or (C) has done an act in preparation for, or planning, a terrorist act; and 25 (ii) making the order would substantially assist in preventing a terrorist act occurring; and (iii) detaining the subject for the period for which the applicant is 30 seeking to have him or her detained under the order is reasonably necessary for the purpose referred to in sub- paragraph (ii); or 35 6 551393B.I1-16/11/2005 BILL LA INTRODUCTION 16/11/2005

Terrorism (Community Protection) (Amendment) Act 2005 s. 4 Act No. (b) the applicant is satisfied that-- (i) a terrorist act has occurred within the last 28 days; and (ii) it is necessary to detain the subject to preserve evidence of, or relating 5 to, the terrorist act; and (iii) detaining the subject for the period for which the applicant is seeking to have him or her detained under the order is 10 reasonably necessary for the purpose referred to in sub- paragraph (ii). (2) A terrorist act referred to in sub- section (1)(a) must be one-- 15 (a) that is imminent; and (b) that is expected to occur, in any event, at some time in the next 14 days. (3) An application may only be made to a senior police officer if the applicant considers 20 that-- (a) there is an urgent need for the order; and (b) it is not reasonably practicable in the circumstances for the application to be 25 made to the Supreme Court. 13D. Form and content of application (1) An application under section 13C must-- (a) be made in writing; and (b) set out the facts and other grounds on 30 which the applicant considers that the preventative detention order should be made; and 7 551393B.I1-16/11/2005 BILL LA INTRODUCTION 16/11/2005

Terrorism (Community Protection) (Amendment) Act 2005 s. 4 Act No. (c) specify the period for which the applicant is seeking to have the person detained under the order and set out the facts and other grounds on which the applicant considers that the person 5 should be detained for that period; and (d) set out the information (if any) that the applicant has about the person's age and capacity to manage his or her affairs; and 10 (e) set out the following-- (i) the outcomes and particulars of all previous applications for preventative detention orders in relation to the person; 15 (ii) the information (if any) that the applicant has about-- (A) the outcomes and particulars of all previous requests for Commonwealth control 20 orders (including the outcomes of the hearings to confirm the orders) in relation to the person; (B) the outcomes and particulars 25 of all previous applications for variations of Commonwealth control orders made in relation to the person; 30 (C) the outcomes of all previous applications for revocations of Commonwealth control orders made in relation to the person; and 35 8 551393B.I1-16/11/2005 BILL LA INTRODUCTION 16/11/2005

Terrorism (Community Protection) (Amendment) Act 2005 s. 4 Act No. (f) set out the information (if any) that the applicant has about any periods for which the person has been detained under an order made under a corresponding preventative detention 5 law. (2) If-- (a) a preventative detention order is made in relation to a person on the basis of assisting in preventing a terrorist act 10 occurring within a particular period; and (b) the person is taken into custody under the order; and (c) an application is made for another 15 preventative detention order in relation to the person on the basis of assisting in preventing a different terrorist act occurring within that period-- the application must also identify the 20 information on which the application is based that became available only after the preventative detention order referred to in paragraph (a) was made. 25 Note: See section 13K(1). (3) If-- (a) an order for a person's detention is made under a corresponding preventative detention law on the basis of assisting in preventing a terrorist act 30 occurring within a particular period; and (b) the person is taken into custody under that order; and 9 551393B.I1-16/11/2005 BILL LA INTRODUCTION 16/11/2005

Terrorism (Community Protection) (Amendment) Act 2005 s. 4 Act No. (c) an application is made for a preventative detention order in relation to the person on the basis of assisting in preventing a different terrorist act occurring within that period-- 5 the application must also identify the information on which the application is based that became available only after the order referred to in paragraph (a) was made. 10 Note: See section 13K(3). (4) The information in the application must be sworn by the applicant. Note 1: The information may be affirmed instead of sworn--see the definition of "sworn" in 15 section 38 of the Interpretation of Legislation Act 1984. Note 2: Section 13ZQ creates an offence for providing false or misleading information or documents in connection with an application to a senior 20 police officer. (5) An application to a senior police officer is to be made without notice of it being given to the person in relation to whom a preventative detention order is being sought. (6) An application to the Supreme Court may 25 only be made without notice of it being given to the person in relation to whom a preventative detention order is being sought if that person is not then being detained under-- 30 (a) a preventative detention order made by a senior police officer; or (b) an order for the person's detention made under a corresponding preventative detention law. 35 10 551393B.I1-16/11/2005 BILL LA INTRODUCTION 16/11/2005

Terrorism (Community Protection) (Amendment) Act 2005 s. 4 Act No. 13E. Preventative detention orders (1) The Supreme Court or the senior police officer may, on an application under section 13C, make a preventative detention order in relation to a person if-- 5 (a) satisfied on reasonable grounds that-- (i) the person-- (A) will engage in a terrorist act; or (B) possesses or has under his or 10 her control (whether solely or jointly with any other person) a thing that is connected with the preparation for, or the 15 engagement of a person in, a terrorist act; or (C) has done an act in preparation for, or planning, a terrorist act; and 20 (ii) making the order would substantially assist in preventing a terrorist act occurring; and (iii) detaining the person for the period for which he or she is to be 25 detained under the order is reasonably necessary for the purpose referred to in sub- paragraph (ii); or (b) satisfied on reasonable grounds that-- 30 (i) a terrorist act has occurred within the last 28 days; and 11 551393B.I1-16/11/2005 BILL LA INTRODUCTION 16/11/2005

Terrorism (Community Protection) (Amendment) Act 2005 s. 4 Act No. (ii) it is necessary to detain the person to preserve evidence of, or relating to, the terrorist act; and (iii) detaining the person for the period for which he or she is to be 5 detained under the order is reasonably necessary for the purpose referred to in sub- paragraph (ii). (2) A terrorist act referred to in sub- 10 section (1)(a) must be one-- (a) that is imminent; and (b) that is expected to occur, in any event, at some time in the next 14 days. (3) The Supreme Court or the senior police 15 officer may refuse to make a preventative detention order unless the authorised member of the force applying for it gives the Court or the officer (as the case requires) any further information that it or he or she 20 requests concerning the grounds on which the order is sought. (4) If the application to the Supreme Court is made without notice of it being given to the person in relation to whom a preventative 25 detention order is being sought, the Supreme Court may, if in its opinion it is desirable to do so, make an interim preventative detention order pending the hearing and final determination of the application. 30 Note: The maximum period during which a person may be detained under an interim order is 48 hours or until the final determination of the application, whichever is the later: see sub- 35 section (6) and section 13G(3). 12 551393B.I1-16/11/2005 BILL LA INTRODUCTION 16/11/2005

Terrorism (Community Protection) (Amendment) Act 2005 s. 4 Act No. (5) If the Supreme Court makes an interim preventative detention order, it must-- (a) specify a day on which, and time at which, the hearing of the application is to be resumed; and 5 (b) direct the applicant to cause notice of the resumed hearing to be given to-- (i) the person in relation to whom the interim order is made; and (ii) if the applicant is aware of the 10 identity of a lawyer who acts for that person in relation to any matter, that lawyer. (6) An interim preventative detention order that, but for this sub-section, would cease to have 15 effect before the application is finally determined, continues to have effect, subject to section 13G(2), until the application is finally determined. (7) On finally determining an application 20 following the making of an interim preventative detention order, the Supreme Court may by order-- (a) confirm the order without variation or vary the period specified in the order as 25 the period during which the person in relation to whom it is made may be detained under it; or Note: The period of detention in the confirmed 30 order may be extended, or further extended, under section 13I. (b) revoke the order if not satisfied as mentioned in sub-section (1). 13 551393B.I1-16/11/2005 BILL LA INTRODUCTION 16/11/2005

Terrorism (Community Protection) (Amendment) Act 2005 s. 4 Act No. (8) If the person in relation to whom the interim preventative detention order is made is being detained in a prison, the applicant for that order must cause a copy of any order made under sub-section (7) to be given to the 5 Secretary to the Department of Justice as soon as practicable after it is made. (9) On the hearing by the Supreme Court of an application under section 13C (including a resumed hearing referred to in sub- 10 section (5))-- (a) the person in relation to whom a preventative detention order is being sought (including a person in relation to whom an interim preventative detention 15 order or a preventative detention order made by a senior police officer is in force) is entitled to appear and give evidence, call witnesses, examine and cross-examine witnesses, adduce 20 material and make submissions; but (b) the absence of that person does not prevent the Supreme Court from determining, or finally determining, the application. 25 (10) If, on an application by an authorised member of the force for the making of a preventative detention order in relation to a person who is being detained under a preventative detention order made or 30 purportedly made by a senior police officer (the police order), the Supreme Court is satisfied that the making or purported making of the police order was so unreasonable that no senior police officer 35 acting reasonably could have made that order, the Supreme Court may-- 14 551393B.I1-16/11/2005 BILL LA INTRODUCTION 16/11/2005

Terrorism (Community Protection) (Amendment) Act 2005 s. 4 Act No. (a) declare the police order to be void from its beginning; and (b) determine that the State should compensate the person, as assessed by the Supreme Court, in respect of any 5 loss sustained or damage incurred by the person as a direct and reasonable consequence of his or her detention under the police order. (11) If the Supreme Court makes a determination 10 under sub-section (10)(b), the State is liable to pay the compensation assessed by the Supreme Court and the Consolidated Fund is, to the necessary extent, appropriated for this purpose. 15 (12) If the person who is the subject of an application to the Supreme Court under section 13C is not legally represented on the hearing of the application (including a resumed hearing referred to in sub- 20 section (5)), the Supreme Court may order Victoria Legal Aid to provide legal representation for that person on that hearing if satisfied that it is in the interests of justice to do so having regard to the financial 25 circumstances of that person or any other circumstances. (13) Despite anything in the Legal Aid Act 1978, Victoria Legal Aid must provide legal representation in accordance with an order 30 under sub-section (12). 15 551393B.I1-16/11/2005 BILL LA INTRODUCTION 16/11/2005

Terrorism (Community Protection) (Amendment) Act 2005 s. 4 Act No. 13F. Nature of preventative detention order (1) A preventative detention order is an order that the person in relation to whom it is made may be-- (a) taken into custody (unless he or she is 5 already being detained under a preventative detention order, or an order for his or her detention made under a corresponding preventative detention law, that is in force or was in 10 force immediately before the making of the new order); and (b) detained during the period that-- (i) starts when the person is first taken into custody or detained 15 under the order (the start); and (ii) ends a specified period of time after the start. (2) The order must be in writing. (3) Subject to section 13G, the period of time 20 specified in the order under sub- section (1)(b)(ii) must not exceed 14 days. (4) A preventative detention order must set out-- (a) the name of the person in relation to 25 whom it is made; and (b) the period during which the person may be detained under the order; and (c) the place or places where the person may be, or must not be, detained under 30 the order; and 16 551393B.I1-16/11/2005 BILL LA INTRODUCTION 16/11/2005

Terrorism (Community Protection) (Amendment) Act 2005 s. 4 Act No. (d) the date on which, and the time at which, the order is made; and (e) whether the person is prohibited from disclosing under section 13ZD(2) the period for which he or she is being 5 detained; and (f) whether the person is allowed to have any further contact with a person under section 13ZD(4) and, if so-- (i) the person or persons with whom 10 he or she may have contact; (ii) the period for which he or she may have contact on any day and the number of days on which he or she may have such contact; 15 (iii) whether the person is prohibited from disclosing the period for which he or she is being detained to a person with whom he or she has contact; 20 (iv) any other conditions applicable to the contact; and (g) if applicable, particulars of the order for the person's detention made under a corresponding preventative detention 25 law on the ceasing to have effect of which the order is to start to have effect; and Note: See section 13H(1). (h) if applicable, the date and time after 30 which the person may not be taken into custody under the order. Note: See section 13H(2). 17 551393B.I1-16/11/2005 BILL LA INTRODUCTION 16/11/2005

Terrorism (Community Protection) (Amendment) Act 2005 s. 4 Act No. (5) If the person in relation to whom the order is made is-- (a) under 18 years of age; or (b) incapable of managing his or her affairs-- 5 the order may provide that the period each day for which the person is entitled to have contact with another person under section 13ZH(2) is the period of more than 2 hours that is specified in the order. 10 13G. Duration of preventative detention orders (1) The maximum period that may be specified in a preventative detention order made by a senior police officer as the period during which a person may be detained under the 15 order is 24 hours. (2) Subject to sub-section (3), the maximum period (including that period, as extended, or further extended, under section 13I) that may be specified in a preventative detention order 20 made by the Supreme Court as the period during which a person may be detained under the order is 14 days less any period during which the person is actually detained under-- 25 (a) a preventative detention order made by a senior police officer; or (b) an order for the person's detention made under a corresponding preventative detention law-- 30 on the same basis. 18 551393B.I1-16/11/2005 BILL LA INTRODUCTION 16/11/2005

Terrorism (Community Protection) (Amendment) Act 2005 s. 4 Act No. (3) The maximum period that may be specified in an interim preventative detention order made by the Supreme Court as the period during which a person may be detained under the order is 48 hours. 5 Note: The order may continue to have effect after the 48 hours: see section 13E(6). (4) Despite the period of detention specified in a preventative detention order made by a senior police officer, as soon as practicable 10 after the person in relation to whom the order is made is first taken into custody or detained under the order, an application for a preventative detention order in relation to the person must be made to the Supreme Court. 15 (5) To avoid doubt, for the purposes of sub- section (2) orders are made on the same basis if-- (a) in the case of orders made on the basis of preventing a terrorist act from 20 occurring, they relate to the same terrorist act occurring within the same period; and (b) in the case of orders made on the basis of preserving evidence of, or relating 25 to, a terrorist act, they relate to the same terrorist act. 13H. When order starts and ceases to have effect (1) A preventative detention order in relation to 30 a person starts to have effect-- (a) if the preventative detention order so provides, on an order for the person's detention made under a corresponding preventative detention law ceasing to 35 have effect; or 19 551393B.I1-16/11/2005 BILL LA INTRODUCTION 16/11/2005

Terrorism (Community Protection) (Amendment) Act 2005 s. 4 Act No. (b) in any other case, when it is made. Note: When the order starts to have effect it authorises the person to be taken into custody, if necessary (see section 13F(1)(a)). The 5 period for which the person may be detained under the order only starts to run when the person is first taken into custody or detained under the order (see section 13F(1)(b)). (2) A preventative detention order in relation to a person under which the person is required 10 to be taken into custody ceases to have effect at the end of the period of 48 hours after the order is made if the person has not been taken into custody under the order within that period. 15 (3) If a preventative detention order does not cease to have effect under sub-section (2), it ceases to have effect when whichever of the following first occurs-- (a) the end of-- 20 (i) the period specified in the order as the period during which the person may be detained under the order; or (ii) if that period is extended or 25 further extended under section 13I--that period as extended or further extended; (b) if the order was made by a senior police officer, a preventative detention order is 30 made by the Supreme Court in relation to the same person; (c) the revocation of the order under section 13E, 13N or 13O. 35 Note: The order does not cease to have effect merely because the person is released from detention under the order. 20 551393B.I1-16/11/2005 BILL LA INTRODUCTION 16/11/2005

Terrorism (Community Protection) (Amendment) Act 2005 s. 4 Act No. 13I. Extension of preventative detention order (1) If-- (a) a preventative detention order is made by the Supreme Court in relation to a person on the final determination of an 5 application under section 13C; and (b) the order is in force in relation to the person-- an authorised member of the force may apply to the Supreme Court for an extension, or a 10 further extension, of the period for which the order is to be in force in relation to the person. (2) The application must-- (a) be made in writing; and 15 (b) set out the facts and other grounds on which the applicant considers that the extension, or further extension, is reasonably necessary for the purpose for which the order was made; and 20 Note: See section 13E(1) for the purpose for which a preventative detention order may be made. (c) set out the outcomes and particulars of all previous applications for extensions, 25 or further extensions, of the order. (3) The information in the application must be sworn by the applicant. Note: The information may be affirmed instead of 30 sworn--see the definition of "sworn" in section 38 of the Interpretation of Legislation Act 1984. 21 551393B.I1-16/11/2005 BILL LA INTRODUCTION 16/11/2005

Terrorism (Community Protection) (Amendment) Act 2005 s. 4 Act No. (4) The applicant must cause notice of the application to be given to the person in relation to whom the preventative detention order is in force. (5) The person in relation to whom the 5 preventative detention order is in force is entitled to appear on the hearing and give evidence, call witnesses, examine and cross- examine witnesses, adduce material and make submissions. However, his or her 10 absence does not prevent the Supreme Court from determining the application. (6) The Supreme Court may, by order, extend, or further extend, the period for which the order is to be in force in relation to the 15 person if it is satisfied that detaining the person under the order for the period as extended, or further extended, is reasonably necessary for the purpose for which the order was made. 20 (7) The extension, or further extension, must not result in the preventative detention order specifying a period in excess of the maximum period permissible under section 13G(2). 25 (8) If the person in relation to whom the order is in force is being detained in a prison and the Supreme Court makes an order under sub- section (6) that extends, or further extends, the period for which the order is to be in 30 force, the applicant must cause a copy of the order under that sub-section to be given to the Secretary to the Department of Justice as soon as practicable after it is made. 22 551393B.I1-16/11/2005 BILL LA INTRODUCTION 16/11/2005

Terrorism (Community Protection) (Amendment) Act 2005 s. 4 Act No. 13J. No preventative detention order in relation to person under 16 years of age (1) A preventative detention order cannot be applied for, or made, in relation to a person who is under 16 years of age. 5 Note: See also section 13ZH and section 13ZL(4) to (10) for the special rules for people who are under 18 years of age. (2) If-- (a) a person is being detained under a 10 preventative detention order or a purported preventative detention order; and (b) the member of the force who is detaining the person is satisfied on 15 reasonable grounds that the person is under 16 years of age-- the member must release the person or arrange in writing for his or her release, as soon as practicable, from detention under the 20 order or purported order. 13K. Restrictions on multiple preventative detention orders (1) If-- (a) a preventative detention order is made 25 in relation to a person on the basis of assisting in preventing a terrorist act occurring within a particular period; and (b) the person is being detained under that 30 order-- another preventative detention order cannot be applied for, or made, under this Division in relation to the person on the basis of assisting in preventing a different terrorist 35 23 551393B.I1-16/11/2005 BILL LA INTRODUCTION 16/11/2005

Terrorism (Community Protection) (Amendment) Act 2005 s. 4 Act No. act occurring within that period unless the application, or the order, is based on information that became available only after the preventative detention order referred to in paragraph (a) was made. 5 (2) If-- (a) an order for a person's detention is made under a corresponding preventative detention law on the basis of assisting in preventing a terrorist act 10 occurring within a particular period; and (b) the person is being detained under that order-- a preventative detention order cannot be 15 applied for to, or made by, a senior police officer under this Division in relation to the person on the basis of assisting in preventing the same terrorist act occurring within that period. 20 (3) If-- (a) an order for a person's detention is made under a corresponding preventative detention law on the basis of assisting in preventing a terrorist act 25 occurring within a particular period; and (b) the person is being detained under that order-- a preventative detention order cannot be 30 applied for, or made, under this Division in relation to the person on the basis of assisting in preventing a different terrorist act occurring within that period unless the application, or the order, is based on 35 information that became available only after 24 551393B.I1-16/11/2005 BILL LA INTRODUCTION 16/11/2005

Terrorism (Community Protection) (Amendment) Act 2005 s. 4 Act No. the order referred to in paragraph (a) was made. (4) If-- (a) an order for a person's detention is made under a corresponding 5 preventative detention law on the basis of preserving evidence of, or relating to, a terrorist act; and (b) the person is being detained under that order-- 10 a preventative detention order cannot be applied for to, or made by, a senior police officer under this Division in relation to the person on the basis of preserving evidence of, or relating to, the same terrorist act. 15 13L. Prohibited contact order (person in relation to whom preventative detention order is being sought) (1) An authorised member of the force who applies for a preventative detention order in 20 relation to a person (the subject) may also apply for a prohibited contact order under this section in relation to the subject's detention under the preventative detention order. 25 (2) The application must set out-- (a) the terms of the order sought; and (b) the facts and other grounds on which the applicant considers that the order should be made. 30 25 551393B.I1-16/11/2005 BILL LA INTRODUCTION 16/11/2005

Terrorism (Community Protection) (Amendment) Act 2005 s. 4 Act No. (3) The information in the application must be sworn by the applicant. Note 1: The information may be affirmed instead of sworn--see the definition of "sworn" in 5 section 38 of the Interpretation of Legislation Act 1984. Note 2: Section 13ZQ creates an offence for providing false or misleading information or documents in connection with an application to a senior 10 police officer. (4) The person in relation to whose detention an application for a prohibited contact order is made to the Supreme Court under this section is entitled to be given notice of the application and to appear and give evidence, 15 call witnesses, examine and cross-examine witnesses, adduce material and make submissions in relation to it. However, his or her absence does not prevent the Supreme Court from determining the application. 20 (5) If the Supreme Court or the senior police officer, as the case requires-- (a) makes the preventative detention order; and (b) is satisfied on reasonable grounds that 25 making the prohibited contact order will assist in achieving the purpose of the preventative detention order-- the Court or officer may make a prohibited contact order under this section that the 30 subject is not, while being detained under the preventative detention order, to contact a person specified in the prohibited contact order. 35 Note: See section 13E(1) for the purpose for which a preventative detention order may be made. 26 551393B.I1-16/11/2005 BILL LA INTRODUCTION 16/11/2005

Terrorism (Community Protection) (Amendment) Act 2005 s. 4 Act No. (6) The prohibited contact order must be in writing. 13M. Prohibited contact order (person in relation to whom preventative detention order is already in force) 5 (1) If a preventative detention order is in force in relation to a person (the subject), an authorised member of the force may apply to the Supreme Court or, if the order was made by a senior police officer, to a senior police 10 officer for a prohibited contact order under this section in relation to the subject's detention under the preventative detention order. (2) The application must set out-- 15 (a) the terms of the order sought; and (b) the facts and other grounds on which the applicant considers that the order should be made. (3) The information in the application must be 20 sworn by the applicant. Note 1: The information may be affirmed instead of sworn--see the definition of "sworn" in section 38 of the Interpretation of 25 Legislation Act 1984. Note 2: Section 13ZQ creates an offence for providing false or misleading information or documents in connection with an application to a senior police officer. (4) The person in relation to whose detention 30 under a preventative detention order an application for a prohibited contact order is made to the Supreme Court under this section is entitled to be given notice of the application and to appear and give evidence, 35 call witnesses, examine and cross-examine 27 551393B.I1-16/11/2005 BILL LA INTRODUCTION 16/11/2005

Terrorism (Community Protection) (Amendment) Act 2005 s. 4 Act No. witnesses, adduce material and make submissions in relation to it. However, his or her absence does not prevent the Supreme Court from determining the application. (5) If the Supreme Court or the senior police 5 officer (as the case requires) is satisfied on reasonable grounds that making the prohibited contact order will assist in achieving the purpose for which the preventative detention order was made, the 10 Court or officer may make a prohibited contact order under this section that the subject is not, while being detained under the preventative detention order, to contact a person specified in the prohibited contact 15 order. Note: See section 13E(1) for the purpose for which a preventative detention order may be made. (6) The prohibited contact order must be in writing. 20 13N. Application by detainee for revocation or variation of preventative detention order or prohibited contact order (1) A person in relation to whom a preventative detention order made by the Supreme Court 25 is in force may, with the leave of the Supreme Court, apply to the Supreme Court for-- (a) the revocation or a variation of the order; or 30 (b) the revocation or a variation of any prohibited contact order that is in force in relation to the person's detention under the preventative detention order. 28 551393B.I1-16/11/2005 BILL LA INTRODUCTION 16/11/2005

Terrorism (Community Protection) (Amendment) Act 2005 s. 4 Act No. (2) The Supreme Court must not grant leave to apply for the revocation or a variation of an order unless it is satisfied that new facts or circumstances have arisen since the making of the order. 5 (3) To avoid doubt, an application for leave to apply for the revocation or a variation of an order does not operate as a stay of the order. (4) If-- (a) a preventative detention order made by 10 the Supreme Court is in force in relation to a person; and (b) the Supreme Court grants leave to that person to apply for the revocation or a variation of the order; and 15 (c) the Supreme Court is satisfied, on the application of that person, that because of new facts or circumstances that have arisen since the making of the order that it is appropriate that the order be 20 revoked or varied-- the Court, by order, must revoke or vary the order. (5) If the person in relation to whom a preventative detention order made by the 25 Supreme Court is in force is being detained in a prison and the order is revoked or varied under sub-section (4), the member of the force who is detaining the person under the order must cause a copy of the order made 30 under that sub-section to be given to the Secretary to the Department of Justice as soon as practicable after it is made. 29 551393B.I1-16/11/2005 BILL LA INTRODUCTION 16/11/2005

Terrorism (Community Protection) (Amendment) Act 2005 s. 4 Act No. (6) If-- (a) a prohibited contact order is in force in relation to a person's detention under a preventative detention order made by the Supreme Court; and 5 (b) the Supreme Court grants leave to that person to apply for the revocation or a variation of the prohibited contact order; and (c) the Supreme Court is satisfied, on the 10 application of that person, that because of new facts or circumstances that have arisen since the making of the prohibited contact order that it is appropriate that the order be revoked or 15 varied-- the Court, by order, must revoke or vary the order. (7) If the person in relation to whose detention under a preventative detention order a 20 prohibited contact order is in force is being detained in a prison and the prohibited contact order is revoked or varied under sub- section (6), the member of the force who is detaining the person under the preventative 25 detention order must cause a copy of the order made under that sub-section to be given to the Secretary to the Department of Justice as soon as practicable after it is made. 13O. Application by police for revocation or 30 variation of preventative detention order or prohibited contact order (1) If-- (a) a preventative detention order is in force in relation to a person; and 35 30 551393B.I1-16/11/2005 BILL LA INTRODUCTION 16/11/2005

Terrorism (Community Protection) (Amendment) Act 2005 s. 4 Act No. (b) the member of the force who is detaining the person under the order is satisfied that the grounds on which the order was made have ceased to exist-- the member must apply for the revocation of 5 the order to the Supreme Court or, if the order was made by a senior police officer, to a senior police officer. (2) If-- (a) a preventative detention order is in 10 force in relation to a person; and (b) the member of the force who is detaining the person under the order is satisfied that, because of new facts or circumstances that have arisen since the 15 making of the order, it is appropriate that the order be varied-- the member must apply for a variation of the order to the Supreme Court or, if the order was made by a senior police officer, to a 20 senior police officer. (3) If-- (a) a preventative detention order is in force in relation to a person; and (b) the Supreme Court or, if the order was 25 made by a senior police officer, a senior police officer is satisfied, on application by a member of the force under sub- section (1) or (2), that it is appropriate that the order be revoked or varied-- 30 the Court, by order, or the officer, by writing, must revoke or vary the order. 31 551393B.I1-16/11/2005 BILL LA INTRODUCTION 16/11/2005

Terrorism (Community Protection) (Amendment) Act 2005 s. 4 Act No. (4) If the person in relation to whom the preventative detention order is in force is being detained in a prison and the order is revoked or varied under sub-section (3), the applicant for the revocation or variation must 5 cause a copy of any instrument made under that sub-section to be given to the Secretary to the Department of Justice as soon as practicable after it is made. (5) If-- 10 (a) a prohibited contact order is in force in relation to a person's detention under a preventative detention order; and (b) the member of the force who is detaining the person under the 15 preventative detention order is satisfied that because of new facts or circumstances that have arisen since the making of the prohibited contact order that it is appropriate that the prohibited 20 contact order be revoked or varied (including that the grounds on which the order was made have ceased to exist)-- the member must apply for the revocation or 25 a variation of the prohibited contact order to the Supreme Court or, if the order was made by a senior police officer, to a senior police officer. (6) If-- 30 (a) a prohibited contact order is in force in relation to a person's detention under a preventative detention order; and (b) the Supreme Court or, if the order was made by a senior police officer, a senior 35 police officer is satisfied, on application 32 551393B.I1-16/11/2005 BILL LA INTRODUCTION 16/11/2005

Terrorism (Community Protection) (Amendment) Act 2005 s. 4 Act No. by a member of the force under sub- section (5), that it is appropriate that the prohibited contact order be revoked or varied-- the Court, by order, or the officer, by 5 writing, must revoke or vary the prohibited contact order. (7) If the person in relation to whose detention under a preventative detention order a prohibited contact order is in force is being 10 detained in a prison and the prohibited contact order is revoked or varied under sub- section (6), the applicant for the revocation or variation must cause a copy of any instrument made under that sub-section to be 15 given to the Secretary to the Department of Justice as soon as practicable after it is made. Division 3--Carrying out Preventative Detention Orders 13P. Power to detain person under 20 preventative detention order (1) While a preventative detention order is in effect in relation to a person-- (a) any member of the force may take the person into custody; and 25 (b) any member of the force may detain the person. (2) A member of the force may, for the purpose of taking a person into custody under a preventative detention order or preventing 30 him or her from escaping from detention under the order, exercise any of the powers that he or she would have if he or she were apprehending the person under a belief on reasonable grounds that the person had 35 33 551393B.I1-16/11/2005 BILL LA INTRODUCTION 16/11/2005

Terrorism (Community Protection) (Amendment) Act 2005 s. 4 Act No. committed an indictable offence in Victoria or was escaping from legal custody. (3) Sub-section (2) does not apply to the extent to which particular powers are provided for in this Part. 5 (4) If a preventative detention order is made in relation to a person, the Chief Commissioner of Police must nominate a member of the force of or above the rank of superintendent (the nominated senior police officer) to 10 oversee the exercise of powers under, and the performance of obligations in relation to, the preventative detention order. (5) The nominated senior police officer must be someone who was not involved in the 15 making of the application for the preventative detention order. (6) The nominated senior police officer must-- (a) oversee the exercise of powers under, and the performance of obligations in 20 relation to, the preventative detention order; and (b) without limiting paragraph (a), ensure that the provisions of section 13O (which deals with the revocation or 25 variation of preventative detention orders and prohibited contact orders) are complied with in relation to the preventative detention order; and (c) receive and consider any 30 representations that are made under sub-section (7). 34 551393B.I1-16/11/2005 BILL LA INTRODUCTION 16/11/2005

Terrorism (Community Protection) (Amendment) Act 2005 s. 4 Act No. (7) The following persons-- (a) the person being detained under a preventative detention order; (b) the Ombudsman under the Ombudsman Act 1973 or the Director, 5 Police Integrity under the Police Regulation Act 1958; (c) a lawyer acting for the person being detained under a preventative detention order in relation to the order or a 10 prohibited contact order; (d) a person with whom the person being detained under a preventative detention order has contact under section 13ZH(2); 15 (e) a person exercising authority under the order or implementing or enforcing the order (including a person taken to be such a person by force of section 13W(5)(b))-- 20 are entitled to make representations to the nominated senior police officer in relation to-- (f) the exercise of powers under, and the performance of obligations in relation 25 to, the preventative detention order; and (g) without limiting paragraph (f), compliance with the provisions of section 13O (which deals with the revocation or variation of preventative 30 detention orders and prohibited contact orders) in relation to the preventative detention order; and 35 551393B.I1-16/11/2005 BILL LA INTRODUCTION 16/11/2005

Terrorism (Community Protection) (Amendment) Act 2005 s. 4 Act No. (h) the person's treatment in connection with the person's detention under the preventative detention order. 13Q. Endorsement of order with date and time person taken into custody or detained 5 As soon as practicable after a person is first taken into custody or detained under a preventative detention order, the member of the force who is detaining the person under the order must endorse on the order-- 10 (a) the date on which, and time at which, the person is first taken into custody or detained under the order; and (b) particulars of where the person is being detained. 15 13R. Requirement to provide name etc. (1) If a member of the force believes on reasonable grounds that a person whose name or address is, or whose name and address are, unknown to the member may be 20 able to assist the member in executing a preventative detention order, the member may request the person to provide his or her name or address, or name and address, to the member. 25 (2) If a member of the force-- (a) makes a request of a person under sub- section (1); and (b) informs the person of the reason for the request; and 30 (c) if the member is not in uniform--shows the person evidence that he or she is a member of the force; and 36 551393B.I1-16/11/2005 BILL LA INTRODUCTION 16/11/2005

Terrorism (Community Protection) (Amendment) Act 2005 s. 4 Act No. (d) complies with sub-section (4) if the person makes a request under that sub- section-- the person must not-- (e) refuse or fail to comply with the 5 request; or (f) give a name or address that is false in a material particular. Penalty: 20 penalty units. (3) Sub-section (2) does not apply if the person 10 has a reasonable excuse. (4) If a member of the force who makes a request of a person under sub-section (1) is requested by the person to provide to the person any of the following-- 15 (a) his or her name; (b) the address of his or her place of duty; (c) his or her identification number if he or she has an identification number; (d) his or her rank if he or she does not 20 have an identification number-- the member must not-- (e) refuse or fail to comply with the request; or (f) give a name, address, number or rank 25 that is false in a material particular. Penalty: 5 penalty units. (5) Sub-section (4) does not apply if the member of the force has a reasonable excuse. 37 551393B.I1-16/11/2005 BILL LA INTRODUCTION 16/11/2005

Terrorism (Community Protection) (Amendment) Act 2005 s. 4 Act No. 13S. Power to enter premises (1) Subject to sub-section (2), if-- (a) a preventative detention order is in force in relation to a person; and (b) a member of the force believes on 5 reasonable grounds that the person is on any premises-- the member may enter the premises, using such force as is necessary and reasonable in the circumstances and with such assistance 10 from other members of the force as is necessary, at any time of the day or night for the purpose of searching the premises for the person or taking the person into custody. (2) A member of the force must not enter any 15 premises that are used for residential purposes at any time during the period commencing at 9 p.m. on a day and ending at 6 a.m. on the following day unless the member believes on reasonable grounds 20 that-- (a) it would not be practicable to take the person into custody, either at those premises or elsewhere, at another time; or 25 (b) it is necessary to do so in order to prevent the concealment, loss or destruction of evidence of, or relating to, a terrorist act. 13T. Power to conduct search 30 (1) A member of the force who takes a person into custody under a preventative detention order, or who is present when the person is taken into custody, may, if the member suspects on reasonable grounds-- 35 38 551393B.I1-16/11/2005 BILL LA INTRODUCTION 16/11/2005

Terrorism (Community Protection) (Amendment) Act 2005 s. 4 Act No. (a) that it is prudent to do so in order to ascertain whether the person is carrying any seizable items; or (b) that the person is carrying-- (i) evidence of, or relating to, a 5 terrorist act; or (ii) a seizable item-- conduct a search of the person in the prescribed manner at, or soon after, the time when the person is taken into custody, and 10 seize any such thing found as a result of the search. (2) Any thing seized under sub-section (1) must be dealt with in accordance with the regulations. 15 13U. Warrant under section 34D of the Australian Security Intelligence Organisation Act 1979 of the Commonwealth (1) This section applies if-- 20 (a) a person is being detained under a preventative detention order; and (b) a warrant under section 34D of the Australian Security Intelligence Organisation Act 1979 of the 25 Commonwealth is in force in relation to the person; and (c) a copy of the warrant is given to the member of the force who is detaining the person under the preventative 30 detention order. 39 551393B.I1-16/11/2005 BILL LA INTRODUCTION 16/11/2005

Terrorism (Community Protection) (Amendment) Act 2005 s. 4 Act No. (2) The member of the force must take such steps as are necessary to ensure that the person may be dealt with in accordance with the warrant. (3) Without limiting sub-section (2), the member 5 of the force may, under section 13V, release, or arrange in writing for the release of, the person from detention under the preventative detention order so that the person may be dealt with in accordance with the warrant. 10 (4) To avoid doubt, the fact that the person is released from detention under the preventative detention order so that the person may be-- (a) questioned before a prescribed 15 authority under the warrant; or (b) detained under the warrant in connection with that questioning-- does not extend the period for which the preventative detention order remains in force 20 in relation to the person. Note: See section 13V(6)(a). 13V. Release of person from preventative detention (1) The member of the force who is detaining a 25 person under a preventative detention order may release the person from detention under the order or arrange in writing for his or her release from detention under the order. 30 Note: A person may be released, for example, so that the person may be arrested and otherwise dealt with under Subdivision (30A) of Division 1 of Part III of the Crimes Act 1958. 40 551393B.I1-16/11/2005 BILL LA INTRODUCTION 16/11/2005

Terrorism (Community Protection) (Amendment) Act 2005 s. 4 Act No. (2) The member of the force who releases, or arranges in writing for the release of, a person from detention under a preventative detention order must give the person a written statement that the person is being 5 released from that detention. The statement must be signed by the member. (3) Sub-section (2) does not apply if the member of the force releases, or arranges in writing for the release of, the person from detention 10 so that the person may be dealt with-- (a) under Subdivision (30A) of Division 1 of Part III of the Crimes Act 1958; or (b) in accordance with a warrant under section 34D of the Australian Security 15 Intelligence Organisation Act 1979 of the Commonwealth; or (c) under the provisions of Division 4 of Part IAA, or Part IC, of the Crimes Act 1914 of the Commonwealth. 20 (4) To avoid doubt, a person may be taken to have been released from detention under a preventative detention order even if-- (a) the person is informed that he or she is being released from detention under the 25 order; and (b) the person is taken into custody on some other basis immediately after the person is informed that he or she is being released from detention under the 30 order. 41 551393B.I1-16/11/2005 BILL LA INTRODUCTION 16/11/2005

Terrorism (Community Protection) (Amendment) Act 2005 s. 4 Act No. (5) To avoid doubt, a person is taken not to be detained under a preventative detention order during a period during which the person is released from detention under the order. 5 Note: During this period, the provisions of this Part that apply to a person who is being detained under a preventative detention order (for example, section 13ZC which deals with the people the person may contact) do not apply to 10 the person. (6) To avoid doubt-- (a) the release of the person under sub- section (1) from detention under the preventative detention order does not extend the period for which the 15 preventative detention order remains in force in relation to the person; and Note: This means that the time for which the person may be detained under the order 20 continues to run while the person is released. (b) a person released under sub-section (1) from detention under a preventative detention order may again be taken into custody and detained under the order at 25 any time while the order remains in force in relation to the person. 13W. Arrangement for detainee to be held in prison (1) The member of the force who is detaining a 30 person under a preventative detention order may request the Secretary to the Department of Justice to authorise the transfer of that person to a prison. 35 Note: A person being detained under a preventative detention order may be received into a police gaol and thus be deemed to enter the legal custody of the Chief Commissioner of Police 42 551393B.I1-16/11/2005 BILL LA INTRODUCTION 16/11/2005

Terrorism (Community Protection) (Amendment) Act 2005 s. 4 Act No. under section 6D(1) of the Corrections Act 1986. (2) A request under sub-section (1) must be accompanied by a copy of-- (a) the preventative detention order on 5 which is endorsed the date on which, and time at which, the person was first taken into custody or detained under the order; and (b) any extension or further extension of 10 the order under section 13I; and (c) any prohibited contact order in force in relation to the person's detention. (3) To avoid doubt, a request may be made under sub-section (1) in respect of a person 15 who is under 18 years of age. (4) If requested to do so under sub-section (1), the Secretary to the Department of Justice may, by instrument, authorise the transfer to a prison of a person being detained under a 20 preventative detention order from a police gaol or other place where he or she is being detained. Note: The Secretary may delegate this power under 25 section 8(1) of the Corrections Act 1986. (5) If a person is being detained in a prison under a preventative detention order-- (a) the preventative detention order is taken to authorise the Governor of the prison to detain the person at the prison 30 while the order is in force in relation to the person; and 43 551393B.I1-16/11/2005 BILL LA INTRODUCTION 16/11/2005

Terrorism (Community Protection) (Amendment) Act 2005 s. 4 Act No. (b) section 13ZB applies in relation to the person's detention under the order at the prison as if-- (i) the Governor of that prison; or (ii) any other person involved in the 5 person's detention at that prison-- were a person exercising authority under the order or implementing or enforcing the order; and (c) the member of the force who made the 10 request under sub-section (1) is taken, while the person is detained at the prison, to be the member of the force detaining the person for the purposes of Divisions 4 and 5; and 15 (d) a member of the force may at any time enter the prison and visit the person being detained in the prison in connection with the exercise of powers under, and the performance of 20 obligations in relation to, the order. (6) The Corrections Act 1986 applies in respect of the detention of a person in a prison or police gaol under a preventative detention order or an order for his or her detention 25 made under a corresponding preventative detention law as if the following provisions of that Act did not form part of it-- (a) section 11(7A); (b) section 28; 30 (c) section 31; (d) Division 2 of Part 6; (e) section 47; (f) sections 47A to 47D; 44 551393B.I1-16/11/2005 BILL LA INTRODUCTION 16/11/2005

Terrorism (Community Protection) (Amendment) Act 2005 s. 4 Act No. (g) Division 5 of Part 6; (h) Part 7; (i) section 56AA; (j) section 56AB; (k) section 56AC; 5 (l) Division 3 of Part 8; (m) section 84H. (7) Nothing in this section prevents an AFP member entering a prison and visiting a person being detained in the prison in 10 connection with the exercise of powers under, and the performance of obligations in relation to, an order for the person's detention made under a corresponding preventative detention law. 15 Division 4--Informing Person Detained about Preventative Detention Order 13X. Effect of preventative detention order to be explained to person detained (1) As soon as practicable after a person is first 20 detained under a preventative detention order, the member of the force who is detaining the person under the order must inform the person of the matters covered by sub-section (2). 25 Note 1: A contravention of this sub-section may be an offence under section 13ZN. Note 2: A contravention of this sub-section does not affect the lawfulness of the person's detention 30 under the order (see section 13Z(5)). 45 551393B.I1-16/11/2005 BILL LA INTRODUCTION 16/11/2005

Terrorism (Community Protection) (Amendment) Act 2005 s. 4 Act No. (2) The matters covered by this sub-section are-- (a) the fact that the preventative detention order has been made in relation to the person; and 5 (b) the period during which the person may be detained under the order; and (c) the restrictions that apply to the people the person may contact while the person is being detained under the 10 order; and (d) if the order was made by a senior police officer, the fact that an application may be made to the Supreme Court under Division 2 for a further preventative 15 detention order; and (e) any right the person has to complain to the Ombudsman under the Ombudsman Act 1973 or the Director, Police Integrity under Part IVA of the 20 Police Regulation Act 1958 in relation to-- (i) the application for, or the making of, the preventative detention order or a prohibited contact 25 order; or (ii) the treatment of the person in connection with the person's detention under the preventative detention order; and 30 46 551393B.I1-16/11/2005 BILL LA INTRODUCTION 16/11/2005

Terrorism (Community Protection) (Amendment) Act 2005 s. 4 Act No. (f) the fact that the person may seek from a court a remedy relating to-- (i) the preventative detention order; or (ii) a prohibited contact order; or 5 (iii) the treatment of the person in connection with the person's detention under the preventative detention order; and 10 Note: See section 13ZV. (g) the person's entitlement under section 13ZF to contact a lawyer; and (h) the name and work telephone number of the senior police officer who has been nominated under section 13P(4) to 15 oversee the exercise of powers under, and the performance of obligations in relation to, the order. 13Y. Person being detained to be informed of extension of preventative detention order 20 If a preventative detention order is extended, or further extended, under section 13I, the member of the force detaining the person under the order must inform the person of the extension, or further extension, as soon 25 as practicable after the extension, or further extension, is made. Note 1: A contravention of this section may be an offence under section 13ZN. 30 Note 2: A contravention of this section does not affect the lawfulness of the person's detention under the order (see section 13Z(5)). 47 551393B.I1-16/11/2005 BILL LA INTRODUCTION 16/11/2005

Terrorism (Community Protection) (Amendment) Act 2005 s. 4 Act No. 13Z. Compliance with obligations to inform (1) Section 13X(1) or 13Y does not apply if the actions of the person being detained under the preventative detention order make it impracticable for the member of the force to 5 comply with that section. (2) The member of the force detaining the person under the preventative detention order complies with section 13X(1) if the member informs the person in substance of the 10 matters covered by section 13X(2) (even if this is not done in language of a precise or technical nature). (3) The member of the force who is detaining the person under the preventative detention 15 order must arrange for the assistance of an interpreter in complying with section 13X(1) or 13Y if the member has reasonable grounds to believe that the person is unable, because of inadequate knowledge of the 20 English language or a physical disability, to communicate with reasonable fluency in that language. (4) Without limiting sub-section (3), the assistance of the interpreter may be provided 25 by telephone. (5) The lawfulness of a person's detention under a preventative detention order is not affected by a failure to comply with section 13X(1) or 13Y or sub-section (3) of this section. 30 13ZA. Copy of preventative detention order (1) As soon as practicable after a person is first taken into custody or detained under a preventative detention order, the member of the force who is detaining the person under 35 the order must give the person-- 48 551393B.I1-16/11/2005 BILL LA INTRODUCTION 16/11/2005

Terrorism (Community Protection) (Amendment) Act 2005 s. 4 Act No. (a) a copy of the order and of any prohibited contact order in force in relation to his or her detention; and (b) a summary of the grounds on which the preventative detention order or 5 prohibited contact order is made. Note: A contravention of this sub-section may be an offence under section 13ZN. (2) To avoid doubt, sub-section (1)(b) does not require information to be included in the 10 summary if the disclosure of the information is likely to prejudice national security (within the meaning of the National Security Information (Criminal and Civil Proceedings) Act 2004 of the 15 Commonwealth). (3) Despite section 13P(2), a member of the force does not need to have a copy of the preventative detention order with him or her, or to produce a copy of the order to the 20 person being taken into custody when the member takes the person into custody. (4) As soon as practicable after a preventative detention order is extended, or further extended, under section 13I, the member of 25 the force who is detaining the person under the preventative detention order must give the person a copy of the order under section 13I(6). 30 Note: A contravention of this sub-section may be an offence under section 13ZN. (5) A person who is being detained under a preventative detention order may request a member of the force who is detaining the person to arrange for a copy of-- 35 49 551393B.I1-16/11/2005 BILL LA INTRODUCTION 16/11/2005

Terrorism (Community Protection) (Amendment) Act 2005 s. 4 Act No. (a) the preventative detention order or of any prohibited contact order in force in relation to his or her detention; or (b) the summary given to the person under sub-section (1)(b); or 5 (c) any order under section 13I(6)-- to be given to a lawyer acting for the person in relation to the order. Note 1: Section 13ZF deals with the person's right to 10 contact a lawyer and the obligation of the member of the force detaining the person to give the person assistance to choose a lawyer. Note 2: Section 13ZI prevents the person from contacting a lawyer who is specified in a 15 prohibited contact order. (6) The member of the force must make arrangements for a copy of an order or the summary to be given to the lawyer as soon as practicable after the request is made. 20 Note: A contravention of this sub-section may be an offence under section 13ZN. (7) Without limiting sub-section (6), the copy of an order or the summary may be faxed or emailed to the lawyer. (8) To avoid doubt, sub-section (6) does not 25 entitle the lawyer to be given a copy of, or see, a document other than the preventative detention order, the prohibited contact order, the summary or any order under section 13I(6). 30 (9) The member of the force who gives-- (a) the person being detained under a preventative detention order; or 50 551393B.I1-16/11/2005 BILL LA INTRODUCTION 16/11/2005

Terrorism (Community Protection) (Amendment) Act 2005 s. 4 Act No. (b) a lawyer acting for the person-- a copy of the preventative detention order under this section must endorse on the copy the date on which, and time at which, the person was first taken into custody or 5 detained under the order. Note: A contravention of this sub-section may be an offence under section 13ZN. (10) Sub-section (1), (4), (6) or (9) does not apply if the actions of the person being detained 10 under the preventative detention order make it impracticable for the member of the force to comply with that sub-section. (11) The lawfulness of a person's detention under a preventative detention order is not affected 15 by a failure to comply with sub-section (1), (4), (6) or (9). Division 5--Treatment of Person Detained 13ZB. Humane treatment of person being detained 20 A person being taken into custody, or being detained, under a preventative detention order-- (a) must be treated with humanity and with respect for human dignity; and 25 (b) must not be subjected to cruel, inhuman or degrading treatment-- by anyone exercising authority under the order or implementing or enforcing the order. 30 Note: A contravention of this section may be an offence under section 13ZN. 51 551393B.I1-16/11/2005 BILL LA INTRODUCTION 16/11/2005

Terrorism (Community Protection) (Amendment) Act 2005 s. 4 Act No. 13ZC. Restriction on contact with other people (1) Except as provided by sections 13ZD, 13ZE, 13ZF and 13ZH, while a person is being detained under a preventative detention order, the person-- 5 (a) is not entitled to contact another person; and (b) may be prevented from contacting another person. (2) While a person is being detained in a prison 10 under a preventative detention order or an order for the person's detention made under a corresponding preventative detention law, the person is required to give to a member of the force or a police officer (within the 15 meaning of Part 5.3 of the Criminal Code of the Commonwealth), as the case requires, exercising authority under the order any letter that he or she wishes to send to any person other than the Ombudsman under the 20 Ombudsman Act 1973, the Director, Police Integrity under the Police Regulation Act 1958 or the Commonwealth Ombudsman under the Complaints (Australian Federal Police) Act 1981 of the Commonwealth. 25 (3) A prison officer within the meaning of the Corrections Act 1986 who receives-- (a) from a person being detained in a prison under an order referred to in sub- section (2) a letter required by that sub- 30 section to be given to a member of the force or a police officer (within the meaning of Part 5.3 of the Criminal Code of the Commonwealth) exercising authority under the order; or 35 52 551393B.I1-16/11/2005 BILL LA INTRODUCTION 16/11/2005

Terrorism (Community Protection) (Amendment) Act 2005 s. 4 Act No. (b) a letter sent to a person being detained in a prison under an order referred to in sub-section (2)-- must as soon as practicable give that letter to such a member of the force or police officer. 5 Note 1: This section will not apply to the person if the person is released from detention under the order (even though the order may still be in force in relation to the person). 10 Note 2: A person's entitlement to contact other people under sections 13ZD, 13ZF and 13ZH may be subject to a prohibited contact order made under section 13L or 13M (see section 13ZI). 13ZD. Contacting family members etc. (1) In this section-- 15 "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 20 (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. 25 (2) The person being detained is entitled to contact once-- (a) his or her parents or one of his or her other family members; and (b) if he or she-- 30 (i) lives with another person and that other person is not a family member of the person being detained; or 53 551393B.I1-16/11/2005 BILL LA INTRODUCTION 16/11/2005

Terrorism (Community Protection) (Amendment) Act 2005 s. 4 Act No. (ii) lives with other people and those other people are not family members of the person being detained-- that other person or one of those other 5 people; and (c) if he or she is employed--his or her employer; and (d) if he or she employs people in a business--one of the people he or she 10 employs in that business; and (e) if he or she engages in a business together with another person or other people--that other person or one of those other people; and 15 (f) if the member of the force detaining the person agrees to the person contacting another person--that person-- by telephone, fax or email but solely for the purposes of letting the person contacted 20 know that the person being detained is safe but is not able to be contacted for a specified period or for the time being (if the preventative detention order prohibits a period being specified). 25 (3) To avoid doubt, the person being detained is not entitled, under sub-section (2), to disclose-- (a) the fact that a preventative detention order has been made in relation to the 30 person; or (b) the fact that the person is being detained. 54 551393B.I1-16/11/2005 BILL LA INTRODUCTION 16/11/2005

Terrorism (Community Protection) (Amendment) Act 2005 s. 4 Act No. (4) If the preventative detention order so allows, the person being detained, in addition to any entitlement under sub-section (2), is entitled, while being detained under the order, to have further contact with one or more of his or her 5 family members or any other person or persons, as specified in the order. (5) To avoid doubt, the person being detained is entitled to disclose the following to a person with whom he or she has contact under sub- 10 section (4)-- (a) the fact that a preventative detention order has been made in relation to the person; (b) the fact that the person is being 15 detained; (c) unless the preventative detention order otherwise provides, the period for which the person is being detained. (6) The form of contact that the person being 20 detained is entitled to have with another person under sub-section (4) includes-- (a) being visited by that other person; and (b) communicating with that other person by telephone, fax or email. 25 (7) The period for which the person being detained is entitled to have contact with another person on any day under sub- section (4), and the number of days on which he or she is entitled to have such contact, is 30 as is specified in the preventative detention order. 55 551393B.I1-16/11/2005 BILL LA INTRODUCTION 16/11/2005

Terrorism (Community Protection) (Amendment) Act 2005 s. 4 Act No. 13ZE. Contacting Ombudsman etc. The person being detained is entitled to contact the Ombudsman under the Ombudsman Act 1973 or the Director, Police Integrity under the Police Regulation 5 Act 1958. 13ZF. Contacting lawyer (1) The person being detained is entitled to contact a lawyer but solely for the purpose of-- 10 (a) obtaining advice from the lawyer about the person's legal rights in relation to-- (i) the preventative detention order; or (ii) a prohibited contact order in force 15 in relation to his or her detention; or (iii) the treatment of the person in connection with the person's detention under the preventative 20 detention order; or (b) arranging for the lawyer to act for the person in relation to, and instructing the lawyer in relation to, proceedings in a court for a remedy relating to-- 25 (i) the preventative detention order; or (ii) a prohibited contact order in force in relation to his or her detention; or 30 (iii) the treatment of the person in connection with the person's detention under the preventative detention order; or 56 551393B.I1-16/11/2005 BILL LA INTRODUCTION 16/11/2005

Terrorism (Community Protection) (Amendment) Act 2005 s. 4 Act No. (c) arranging for the lawyer to act for the person in relation to, and instructing the lawyer in relation to, a complaint to the Ombudsman under the Ombudsman Act 1973 or the Director, Police 5 Integrity under Part IVA of the Police Regulation Act 1958 in relation to-- (i) the application for, or the making of, the preventative detention order or a prohibited contact 10 order; or (ii) the treatment of the person by a member of the force in connection with the person's detention under the preventative detention order; 15 or (d) arranging for the lawyer to act for the person in relation to an appearance, or hearing, before a court or tribunal in a proceeding to which the person is a 20 party or in which he or she otherwise has standing to appear that is to take place while the person is being detained under the order. (2) The form of contact that the person being 25 detained is entitled to have with a lawyer under sub-section (1) includes-- (a) being visited by the lawyer; and (b) communicating with the lawyer by telephone, fax or email. 30 57 551393B.I1-16/11/2005 BILL LA INTRODUCTION 16/11/2005

Terrorism (Community Protection) (Amendment) Act 2005 s. 4 Act No. (3) If-- (a) the person being detained (or, if he or she is under 18 years of age or is incapable of managing his or her affairs, a person with whom he or she 5 has contact under section 13ZH) asks to be allowed to contact a particular lawyer under sub-section (1); and (b) either-- (i) the person is not entitled to 10 contact that lawyer because of section 13ZI (prohibited contact order); or (ii) the person is not able to contact that lawyer-- 15 the member of the force who is detaining the person must give the person reasonable assistance to choose another lawyer for the person to contact under sub-section (1). 20 Note: A contravention of this sub-section may be an offence under section 13ZN. (4) In recommending lawyers as part of giving a person assistance under sub-section (3), the member of the force who is detaining the 25 person may give priority to lawyers who have been given a security clearance at an appropriate level by the Attorney-General's Department of the Commonwealth. (5) Despite sub-section (4) but subject to 30 section 13ZI, the person is entitled under this section to contact a lawyer who does not have a security clearance of the kind referred to in sub-section (4). 58 551393B.I1-16/11/2005 BILL LA INTRODUCTION 16/11/2005

Terrorism (Community Protection) (Amendment) Act 2005 s. 4 Act No. 13ZG. Monitoring contact under section 13ZD or 13ZF (1) The contact the person being detained has with another person under section 13ZD or 13ZF may take place only if it is conducted 5 in such a way that the contact, and the content and meaning of the communication that takes place during the contact, can be effectively monitored by a member of the force exercising authority under the 10 preventative detention order. (2) The contact may take place in a language other than English only if the content and meaning of the communication that takes place during the contact can be effectively 15 monitored with the assistance of an interpreter. (3) Without limiting sub-section (2), the interpreter referred to in that sub-section may be a member of the force. 20 (4) If the person being detained indicates that he or she wishes the contact to take place in a language other than English, the member of the force who is detaining the person must-- (a) arrange for the services of an 25 appropriate interpreter to be provided if it is reasonably practicable to do so during the period during which the person is being detained; and (b) if it is reasonably practicable to do so-- 30 arrange for those services to be provided as soon as practicable. 59 551393B.I1-16/11/2005 BILL LA INTRODUCTION 16/11/2005

Terrorism (Community Protection) (Amendment) Act 2005 s. 4 Act No. (5) Any communication between-- (a) a person who is being detained under a preventative detention order; and (b) a lawyer-- for a purpose referred to in section 5 13ZF(1)(a), (b), (c) or (d) is not admissible in evidence against the person in any proceedings in a court or tribunal. 13ZH. Special contact rules for person under 18 or incapable of managing own affairs 10 (1) This section applies if the person being detained under a preventative detention order-- (a) is under 18 years of age; or (b) is incapable of managing his or her 15 affairs. (2) The person is entitled, while being detained under the order, to have contact with-- (a) a parent or guardian of the person; or (b) another person who-- 20 (i) is able to represent the person's interests; and (ii) is, as far as practicable in the circumstances, acceptable to the person and to the member of the 25 force who is detaining the person; and (iii) is not a member of the force; and (iv) is not an AFP member or an AFP employee (within the meaning of 30 the Australian Federal Police Act 1979 of the Commonwealth); and 60 551393B.I1-16/11/2005 BILL LA INTRODUCTION 16/11/2005

Terrorism (Community Protection) (Amendment) Act 2005 s. 4 Act No. (v) is not a member (however described) of a police force of another State or of a Territory; and (vi) is not an officer or employee of the Australian Security 5 Intelligence Organisation. (3) To avoid doubt-- (a) if the person being detained (the detainee) has 2 parents or 2 or more guardians, the detainee is entitled, 10 subject to section 13ZI, to have contact under sub-section (2) with each of those parents or guardians; and (b) the detainee is entitled to disclose the following to a person with whom the 15 detainee has contact under sub- section (2)-- (i) the fact that a preventative detention order has been made in relation to the detainee; 20 (ii) the fact that the detainee is being detained; (iii) the period for which the detainee is being detained. (4) The form of contact that the person being 25 detained is entitled to have with another person under sub-section (2) includes-- (a) being visited by that other person; and (b) communicating with that other person by telephone, fax or email. 30 61 551393B.I1-16/11/2005 BILL LA INTRODUCTION 16/11/2005

Terrorism (Community Protection) (Amendment) Act 2005 s. 4 Act No. (5) The period for which the person being detained is entitled to have contact with another person each day under sub- section (2) is-- (a) 2 hours; or 5 (b) such longer period as is specified in the preventative detention order. Note: See section 13F(5). (6) Despite sub-section (5), the member of the force who is detaining the person may permit 10 the person to have contact with a person under sub-section (2) for a period that is longer than the period provided for in sub- section (5). (7) The contact that the person being detained 15 has with another person under sub- section (2) must be conducted in such a way that the content and meaning of any communication that takes place during the contact can be effectively monitored by a 20 member of the force exercising authority under the preventative detention order. (8) If the communication that takes place during the contact takes place in a language other than English, the contact may continue only 25 if the content and meaning of the communication in that language can be effectively monitored with the assistance of an interpreter. (9) Without limiting sub-section (8), the 30 interpreter referred to in that sub-section may be a member of the force. 62 551393B.I1-16/11/2005 BILL LA INTRODUCTION 16/11/2005

Terrorism (Community Protection) (Amendment) Act 2005 s. 4 Act No. (10) If the person being detained indicates that he or she wishes the communication that takes place during the contact to take place in a language other than English, the member of the force who is detaining the person must-- 5 (a) arrange for the services of an appropriate interpreter to be provided if it is reasonably practicable to do so during the period during which the person is being detained; and 10 (b) if it is reasonably practicable to do so-- arrange for those services to be provided as soon as practicable. 13ZI. Entitlement to contact subject to prohibited contact order 15 Sections 13ZD, 13ZF and 13ZH have effect subject to any prohibited contact order made in relation to the person's detention. 13ZJ. Disclosure offences (1) A person (the subject) commits an offence 20 if-- (a) the subject is being detained under a preventative detention order; and (b) the subject intentionally discloses to another person-- 25 (i) the fact that a preventative detention order has been made in relation to the subject; or (ii) the fact that the subject is being detained; or 30 (iii) the fact that a prohibited contact order has been made in relation to the subject's detention; and 63 551393B.I1-16/11/2005 BILL LA INTRODUCTION 16/11/2005

Terrorism (Community Protection) (Amendment) Act 2005 s. 4 Act No. (c) the disclosure occurs while the subject is being detained under the order; and (d) the disclosure is not one that the subject is entitled to make under section 13ZD, 13ZE, 13ZF or 13ZH. 5 Penalty: Level 6 imprisonment (5 years maximum). (2) A person (the lawyer) commits an offence if-- (a) a person being detained under a 10 preventative detention order (the detainee) contacts the lawyer under section 13ZF or a person with whom the detainee has contact under section 13ZH contacts the lawyer as mentioned 15 in sub-section (3)(e)(ii) of this section; and (b) the lawyer intentionally discloses to another person-- (i) the fact that a preventative 20 detention order has been made in relation to the detainee; or (ii) the fact that the detainee is being detained; or (iii) any information that the detainee 25 or other person gives the lawyer in the course of the contact; and (c) the disclosure occurs while the detainee is being detained under the order; and (d) the disclosure is not made for the 30 purposes of-- (i) proceedings in a court for a remedy relating to the preventative detention order, a 64 551393B.I1-16/11/2005 BILL LA INTRODUCTION 16/11/2005

Terrorism (Community Protection) (Amendment) Act 2005 s. 4 Act No. prohibited contact order or the treatment of the detainee in connection with the detainee's detention under the preventative detention order; or 5 (ii) a complaint to the Ombudsman under the Ombudsman Act 1973 or the Director, Police Integrity under Part IVA of the Police Regulation Act 1958 in relation 10 to the application for, or making of, the preventative detention order or a prohibited contact order or the treatment of the detainee by a member of the force in 15 connection with the detainee's detention under the preventative detention order; or (iii) making representations to the senior police officer nominated 20 under section 13P(4) in relation to the preventative detention order, or another member of the force involved in the detainee's detention, about the exercise of 25 powers under the order, the performance of obligations in relation to the order or the treatment of the detainee in connection with the detainee's 30 detention under the order. Penalty: Level 6 imprisonment (5 years maximum). 65 551393B.I1-16/11/2005 BILL LA INTRODUCTION 16/11/2005

Terrorism (Community Protection) (Amendment) Act 2005 s. 4 Act No. (3) A person (the parent/guardian) commits an offence if-- (a) a person being detained under a preventative detention order (the detainee) has contact with the 5 parent/guardian under section 13ZH; and (b) the parent/guardian intentionally discloses to another person-- (i) the fact that a preventative 10 detention order has been made in relation to the detainee; or (ii) the fact that the detainee is being detained; or (iii) any information that the detainee 15 gives the parent/guardian in the course of the contact; and (c) the other person is not a person with whom the detainee has also had contact under section 13ZH while being 20 detained under the order; and (d) the disclosure occurs while the detainee is being detained under the order; and (e) the disclosure is not made for the purposes of-- 25 (i) a complaint to the Ombudsman under the Ombudsman Act 1973 or the Director, Police Integrity under Part IVA of the Police Regulation Act 1958 in relation 30 to the application for, or the making of, the preventative detention order or a prohibited contact order or the treatment of the detainee by a member of the 35 66 551393B.I1-16/11/2005 BILL LA INTRODUCTION 16/11/2005

Terrorism (Community Protection) (Amendment) Act 2005 s. 4 Act No. force in connection with the detainee's detention under the preventative detention order; or (ii) contacting a lawyer whom the detainee is entitled to contact 5 under section 13ZF for any purpose for which the detainee is entitled to contact that lawyer under that section; or (iii) making representations to the 10 senior police officer nominated under section 13P(4) in relation to the preventative detention order, or another member of the force involved in the detainee's 15 detention, about the exercise of powers under the order, the performance of obligations in relation to the order or the treatment of the detainee in 20 connection with the detainee's detention under the order. Penalty: Level 6 imprisonment (5 years maximum). (4) To avoid doubt, a person does not 25 contravene sub-section (2) or (3) merely by letting another person know that the detainee is safe but is not able to be contacted for a specified period or for the time being (if the preventative detention order prohibits a 30 period being specified). 67 551393B.I1-16/11/2005 BILL LA INTRODUCTION 16/11/2005

Terrorism (Community Protection) (Amendment) Act 2005 s. 4 Act No. (5) A person (the interpreter) commits an offence if-- (a) the interpreter is an interpreter who assists in monitoring the contact that a person being detained under a 5 preventative detention order (the detainee) has with someone while the detainee is being detained under the order; and (b) the interpreter intentionally discloses to 10 another person-- (i) the fact that a preventative detention order has been made in relation to the detainee; or (ii) the fact that the detainee is being 15 detained; or (iii) any information that interpreter obtains in the course of assisting in the monitoring of that contact; and 20 (c) the disclosure occurs while the detainee is being detained under the order. Penalty: Level 6 imprisonment (5 years maximum). (6) A person (the disclosure recipient) commits 25 an offence if-- (a) a person (the earlier discloser) discloses to the disclosure recipient-- (i) the fact that a preventative detention order has been made in 30 relation to a person; or (ii) the fact that a person is being detained under a preventative detention order; or 68 551393B.I1-16/11/2005 BILL LA INTRODUCTION 16/11/2005

Terrorism (Community Protection) (Amendment) Act 2005 s. 4 Act No. (iii) any information that a person who is being detained under a preventative detention order communicates to a person while the person is being detained under 5 the order; and (b) the disclosure by the earlier discloser to the disclosure recipient contravenes-- (i) sub-section (1), (2), (3) or (5); or (ii) this sub-section; and 10 (c) the disclosure recipient intentionally discloses that information to another person; and (d) the disclosure by the disclosure recipient occurs while the person 15 referred to in paragraph (a)(i), (ii) or (iii) is being detained under the order; and (e) the disclosure is not made to a person exercising authority under the 20 preventative detention order or implementing or enforcing the order or with responsibility for the safety or well-being of the person being detained under the order. 25 Penalty: Level 6 imprisonment (5 years maximum). (7) A person (the monitor) commits an offence if-- (a) the monitor is-- 30 (i) a member of the force who monitors; or 69 551393B.I1-16/11/2005 BILL LA INTRODUCTION 16/11/2005

Terrorism (Community Protection) (Amendment) Act 2005 s. 4 Act No. (ii) an interpreter who assists in monitoring-- contact that a person being detained under a preventative detention order (the detainee) has with a lawyer under 5 section 13ZF while the detainee is being detained under the order; and (b) information is communicated in the course of that contact; and (c) the information is communicated for 10 one of the purposes referred to in section 13ZF(1); and (d) the monitor intentionally discloses that information to another person. Penalty: Level 6 imprisonment (5 years 15 maximum). Note: See also section 13ZG(5). 13ZK. Questioning of person prohibited while person is detained (1) A member of the force must not question a 20 person while the person is being detained under a preventative detention order except for the purposes of-- (a) determining whether the person is the person in relation to whom the order is 25 made; or (b) ensuring the safety and well-being of the person being detained; or (c) allowing the member to comply with a requirement of this Part in relation to 30 the person's detention under the order. 70 551393B.I1-16/11/2005 BILL LA INTRODUCTION 16/11/2005

Terrorism (Community Protection) (Amendment) Act 2005 s. 4 Act No. (2) A member of the force must not question a person while the person is being detained under an order made under a corresponding preventative detention law. 5 Note 1: This section will not apply to the person if the person is released from detention under the order (even though the order may still be in force in relation to the person). Note 2: A contravention of this section may be an offence 10 under section 13ZN. 13ZL. Taking identification material (1) A member of the force must not take identification material from a person who is being detained under a preventative detention order except in accordance with 15 this section. Note: A contravention of this sub-section may be an offence under section 13ZN. (2) A member of the force who is of or above the rank of sergeant may take identification 20 material from the person, or cause identification material from the person to be taken, if-- (a) the person consents in writing; or (b) the member believes on reasonable 25 grounds that it is necessary to do so for the purpose of confirming the person's identity as the person in relation to whom the order is made. (3) A member of the force may use such force as 30 is necessary and reasonable in the circumstances to take identification material from a person under this section. 71 551393B.I1-16/11/2005 BILL LA INTRODUCTION 16/11/2005

Terrorism (Community Protection) (Amendment) Act 2005 s. 4 Act No. (4) Subject to this section, a member of the force must not take identification material (other than hand prints, finger prints, foot prints or toe prints) from the person if the person-- (a) is under 18 years of age; or 5 (b) is incapable of managing his or her affairs-- unless the Magistrates' Court or the Children's Court (in the case of a person under 18 years of age) orders that the 10 material be taken. Note: A contravention of this sub-section may be an offence under section 13ZN. (5) In deciding whether to make such an order, the Magistrates' Court or the Children's 15 Court (as the case requires) must have regard to-- (a) the age, or any disability, of the person; and (b) such other matters as it thinks fit. 20 (6) The taking of identification material from a person who-- (a) is under 18 years of age; or (b) is incapable of managing his or her affairs-- 25 must be done in the presence of-- (c) a parent or guardian of the person; or (d) if a parent or guardian of the person is not acceptable to the person--another appropriate person. 30 Note 1: For appropriate person, see sub-section (10). Note 2: A contravention of this sub-section may be an offence under section 13ZN. 72 551393B.I1-16/11/2005 BILL LA INTRODUCTION 16/11/2005

Terrorism (Community Protection) (Amendment) Act 2005 s. 4 Act No. (7) Despite this section, identification material may be taken from a person who is under 18 years of age and is capable of managing his or her affairs if-- (a) sub-sections (8) and (9) are satisfied; or 5 (b) sub-section (8) or (9) is satisfied (but not both) and the Children's Court orders that the material be taken. In deciding whether to make such an order, the Children's Court must have regard to the 10 matters set out in sub-section (5). (8) For the purposes of sub-section (7) this sub- section is satisfied if the person agrees in writing to the taking of the material. (9) For the purposes of sub-section (7) this sub- 15 section is satisfied if either-- (a) a parent or guardian of the person; or (b) if a parent or guardian is not acceptable to the person--another appropriate person-- 20 agrees in writing to the taking of the material. Note: For appropriate person, see sub-section (10). (10) A reference in this section to an appropriate person in relation to a person (the subject) 25 who is under 18 years of age, or incapable of managing his or her affairs, is a reference to a person who-- (a) is capable of representing the subject's interests; and 30 (b) as far as is practicable in the circumstances, is acceptable to the subject and the member of the force who is detaining the subject; and 73 551393B.I1-16/11/2005 BILL LA INTRODUCTION 16/11/2005

Terrorism (Community Protection) (Amendment) Act 2005 s. 4 Act No. (c) is none of the following-- (i) a member of the force; (ii) an AFP member or an AFP employee (within the meaning of the Australian Federal Police Act 5 1979 of the Commonwealth); (iii) a member (however described) of a police force of another State or of a Territory; (iv) an officer or employee of the 10 Australian Security Intelligence Organisation. 13ZM. Use of identification material (1) This section applies if identification material is taken under section 13ZL from a person 15 being detained under a preventative detention order. (2) The material may be used only for the purpose of determining whether the person is the person in relation to whom the order is 20 made. Note: A contravention of this sub-section may be an offence under section 13ZN. (3) To avoid doubt, if the person is being detained in a prison under the preventative 25 detention order, the material may be provided to the Secretary to the Department of Justice and used by him or her only for the purpose of identifying the person on his or her reception into the prison. 30 74 551393B.I1-16/11/2005 BILL LA INTRODUCTION 16/11/2005

Terrorism (Community Protection) (Amendment) Act 2005 s. 4 Act No. (4) If-- (a) a period of 12 months elapses after the identification material is taken; and (b) proceedings in respect of-- (i) the preventative detention order; 5 or (ii) the treatment of the person in connection with the person's detention under the order-- have not been brought, or have been 10 brought and discontinued or completed, within that period-- the material (including material provided to the Secretary to the Department of Justice) must be destroyed as soon as practicable 15 after the end of that period. 13ZN. Offences of contravening safeguards A person commits an offence if-- (a) the person does an act or omits to perform an act; and 20 (b) the act or omission contravenes-- (i) section 13X(1); or (ii) section 13Y; or (iii) section 13ZA(1), (4), (6) or (9); or (iv) section 13ZB; or 25 (v) section 13ZF(3); or (vi) section 13ZK(1) or (2); or (vii) section 13ZL(1), (4) or (6); or (viii) section 13ZM(2). Penalty: Level 7 imprisonment (2 years 30 maximum). 75 551393B.I1-16/11/2005 BILL LA INTRODUCTION 16/11/2005

Terrorism (Community Protection) (Amendment) Act 2005 s. 4 Act No. Division 6--Miscellaneous 13ZO. Standard of proof Any question of fact to be decided by a court on an application under this Part is to be decided on the balance of probabilities. 5 13ZP. Nature of proceedings (1) Proceedings on an application under this Part are civil in nature, except as otherwise provided by this Part. (2) Despite sub-section (1), the rules regulating 10 the practice and procedure of a court in civil proceedings do not apply to a proceeding on an application under this Part. (3) Proceedings before a court under this Part are subject to the operation of the National 15 Security Information (Criminal and Civil Proceedings) Act 2004 of the Commonwealth. 13ZQ. False or misleading information or documents 20 A member of the force must not, in connection with an application to a senior police officer for a preventative detention order or a prohibited contact order, do either of the following-- 25 (a) give information (whether orally or in writing) that the member knows to be false or misleading in a material particular; (b) produce a document that the member 30 knows to be false or misleading in a material particular without-- 76 551393B.I1-16/11/2005 BILL LA INTRODUCTION 16/11/2005

Terrorism (Community Protection) (Amendment) Act 2005 s. 4 Act No. (i) indicating to the senior police officer that it is false or misleading, and the respect in which it is false or misleading; and 5 (ii) providing correct information to that senior police officer, if the member is in possession of, or can reasonably acquire, the correct information. 10 Penalty: Level 8 imprisonment (1 year maximum). 13ZR. Member of the force detaining person under a preventative detention order If-- 15 (a) a number of members of the force are detaining, or involved in the detention of, a person under a preventative detention order at a particular time; and (b) a power or obligation is expressed in 20 this Part to be conferred or imposed on the member of the force detaining the person-- the power or obligation is conferred or imposed at that time on the most senior of 25 those members. 13ZS. Annual report (1) The Minister must, as soon as practicable after each 30 June, cause to be prepared a report about the operation of this Part during 30 the year ended on that 30 June. 77 551393B.I1-16/11/2005 BILL LA INTRODUCTION 16/11/2005

Terrorism (Community Protection) (Amendment) Act 2005 s. 4 Act No. (2) Without limiting sub-section (1), a report relating to a year must include the following matters-- (a) the number of preventative detention orders made by a senior police officer 5 under section 13E during the year and the number of applications for such orders made during the year; (b) the number of preventative detention orders made by the Supreme Court 10 under section 13E during the year and the number of applications for such orders made during the year; (c) whether a person was taken into custody or detained under each of those 15 orders and, if so, for how long the person was detained; (d) particulars of any complaints in relation to the detention of a person under a preventative detention order made or 20 referred during the year to the Ombudsman under the Ombudsman Act 1973 or the Director, Police Integrity under Part IVA of the Police Regulation Act 1958; 25 (e) the number of prohibited contact orders made under sections 13L and 13M during the year and the number of applications for such orders made during the year. 30 (3) The Minister must cause a copy of the report to be laid before each House of the Parliament within 15 sitting days of that House after the report is completed. 78 551393B.I1-16/11/2005 BILL LA INTRODUCTION 16/11/2005

Terrorism (Community Protection) (Amendment) Act 2005 s. 4 Act No. 13ZT. Ombudsman etc. functions and powers not affected This Part does not affect a function or power of the Ombudsman under the Ombudsman Act 1973 or the Director, Police Integrity 5 under Part IVA of the Police Regulation Act 1958. 13ZU. Law relating to legal professional privilege not affected To avoid doubt, this Part does not affect the 10 law relating to legal professional privilege. 13ZV. Legal proceedings in relation to orders (1) Proceedings may be brought in a court for a remedy in relation to-- (a) a preventative detention order; or 15 (b) a prohibited contact order; or (c) the treatment of a person in connection with the person's detention under a preventative detention order. (2) If-- 20 (a) a person applies to a court for-- (i) review of the application for, or the making of, a preventative detention order or a prohibited contact order or the person's 25 treatment in connection with the person's detention under a preventative detention order; or 79 551393B.I1-16/11/2005 BILL LA INTRODUCTION 16/11/2005

Terrorism (Community Protection) (Amendment) Act 2005 s. 4 Act No. (ii) a remedy in relation to the application for, or the making of, a preventative detention order or a prohibited contact order or the person's treatment in connection 5 with the person's detention under a preventative detention order; and (b) the person applies to the court for an order under this sub-section-- the court may order the Chief Commissioner 10 of Police to give the court, and the parties to the proceedings, the information that was put before the Supreme Court or the senior police officer (as the case requires) when the application for the order was made. 15 (3) Sub-section (2) does not require information to be given to the court, or the parties to the proceedings, if the disclosure of the information is likely to prejudice national security (within the meaning of the National 20 Security Information (Criminal and Civil Proceedings) Act 2004 of the Commonwealth). 13ZW. Sunset provision (1) A preventative detention order, or a 25 prohibited contact order, that is in force at the end of 10 years after the day on which section 4 of the Terrorism (Community Protection) (Amendment) Act 2005 comes into operation ceases to be in force at that 30 time. 80 551393B.I1-16/11/2005 BILL LA INTRODUCTION 16/11/2005

Terrorism (Community Protection) (Amendment) Act 2005 s. 5 Act No. (2) A preventative detention order, and a prohibited contact order, cannot be applied for, or made, after the end of 10 years after the day on which section 4 of the Terrorism (Community Protection) (Amendment) 5 Act 2005 comes into operation.'. 5. New Part 3A inserted in Principal Act After Part 3 of the Principal Act insert-- 'PART 3A--SPECIAL POLICE POWERS Division 1--Preliminary 10 21A. Definitions (1) In this Part-- "authorisation" means an authorisation given under this Part in accordance with Division 2; 15 "Chief Commissioner" means the Chief Commissioner of Police; "serious indictable offence" means an indictable offence that is punishable by imprisonment for life or for a term of 20 5 years or more; "target" of an authorisation means the person in relation to whom, or the vehicle or kind of vehicle or the area in relation to which, an authorisation 25 authorises the exercise of special powers; "vehicle" includes a vessel and an aircraft. 81 551393B.I1-16/11/2005 BILL LA INTRODUCTION 16/11/2005

Terrorism (Community Protection) (Amendment) Act 2005 s. 5 Act No. (2) For the purposes of this Part-- (a) a person in an area that is the target of an authorisation includes a person who is about to enter the area or who has recently left the area; and 5 (b) a vehicle in an area that is the target of an authorisation includes a vehicle that is about to enter the area or that has recently left the area. (3) Despite any provision to the contrary made 10 by or under this or any other Act (including section 6A of the Police Regulation Act 1958), a power, discretion, function, authority or duty of the Chief Commissioner under this Part cannot be delegated to any 15 other person. (4) Nothing in sub-section (3) affects the operation of section 6 of the Police Regulation Act 1958. Division 2--Authorisation to Exercise Special 20 Powers 21B. Authorisation of special powers to protect persons attending events from a terrorist act (1) Subject to sub-section (2), the Chief 25 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 30 or is likely to take place in Victoria in the near future; and 82 551393B.I1-16/11/2005 BILL LA INTRODUCTION 16/11/2005

Terrorism (Community Protection) (Amendment) Act 2005 s. 5 Act No. (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 5 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 10 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-- 15 is necessary to assist in protecting any person or persons attending the event from a terrorist act. (2) An application under sub-section (1) may only be made with the written approval of 20 the Premier. (3) An application under sub-section (1) must-- (a) be made in writing; and (b) describe the event in respect of which the application is being made; and 25 (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; 30 and 83 551393B.I1-16/11/2005 BILL LA INTRODUCTION 16/11/2005

Terrorism (Community Protection) (Amendment) Act 2005 s. 5 Act No. (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 5 (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 10 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 15 person or persons attending the event; and (f) describe any area sought to be made the target of an authorisation. (4) The information in the application must be 20 sworn by the Chief Commissioner. Note: The information may be affirmed instead of sworn--see the definition of "sworn" in section 38 of the Interpretation of 25 Legislation Act 1984. (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 30 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 35 attending the event. 84 551393B.I1-16/11/2005 BILL LA INTRODUCTION 16/11/2005

Terrorism (Community Protection) (Amendment) Act 2005 s. 5 Act No. (7) An authorisation must-- (a) state that it is given under this Part; and (b) describe the general nature of the event to which it applies; and (c) describe any area targeted by the 5 authorisation; and (d) specify which of the special powers under Division 3 may be exercised; and (e) specify the date on which and time at which it begins to have effect; and 10 (f) specify the date on which and time at which it ceases to have effect, not being later than 24 hours after the scheduled completion time of the event. 15 Note: The period for which an authorisation has effect may be extended, or further extended, under section 21C. (8) If, on an application under sub-section (1) the Supreme Court considers it desirable to do so, it may make an interim order giving 20 an authorisation pending the hearing and final determination of the application. (9) If the Supreme Court makes an interim order, it must specify a day on which, and time at which, the hearing of the application 25 is to be resumed. (10) On finally determining an application following the making of an interim order, the Supreme Court may-- (a) confirm the order without variation or 30 vary-- (i) the description of any area targeted by the authorisation; or 85 551393B.I1-16/11/2005 BILL LA INTRODUCTION 16/11/2005

Terrorism (Community Protection) (Amendment) Act 2005 s. 5 Act No. (ii) the special powers that may be exercised; or (iii) the time or date when the order ceases to have effect; or (b) revoke the order if not satisfied as 5 mentioned in sub-section (6). 21C. Extension of authorisation under section 21B (1) If-- (a) an authorisation is given by the 10 Supreme Court under section 21B; and (b) the authorisation has effect-- the Chief Commissioner, with the written approval of the Premier, may apply to the Supreme Court for an extension, or a further 15 extension, of the period for which the authorisation has effect. (2) The application must-- (a) be made in writing; and (b) set out the facts and other grounds on 20 which the Chief Commissioner considers that the extension, or further extension, is reasonably necessary to ensure the achievement of the objective of the authorisation. 25 (3) The information in the application must be sworn by the Chief Commissioner. Note: The information may be affirmed instead of sworn--see the definition of "sworn" in 30 section 38 of the Interpretation of Legislation Act 1984. 86 551393B.I1-16/11/2005 BILL LA INTRODUCTION 16/11/2005

Terrorism (Community Protection) (Amendment) Act 2005 s. 5 Act No. (4) The Supreme Court may, by order, extend, or further extend, the period for which the authorisation has effect if it is satisfied that the extension, or further extension, is reasonably necessary to ensure the 5 achievement of the objective of the authorisation. 21D. Authorisation of special powers to prevent, or reduce the impact of, a terrorist act 10 (1) An interim authorisation for the exercise of the special powers conferred by this Part may be given by the Chief Commissioner, with the written approval of the Premier, in accordance with this Division if the Chief 15 Commissioner-- (a) is satisfied on reasonable grounds that a terrorist act is occurring or that there is a threat of a terrorist act occurring in the next 14 days; and 20 (b) is satisfied that the exercise of those powers will substantially assist in-- (i) preventing the terrorist act; or (ii) reducing the impact of the terrorist act, or of the threat of a terrorist 25 act, on the health or safety of the public or on property. (2) As soon as practicable after the giving of an interim authorisation, the Chief Commissioner must, if he or she considers 30 that an authorisation should have effect for a period in excess of 24 hours, make an application to the Supreme Court for an authorisation under this section. 87 551393B.I1-16/11/2005 BILL LA INTRODUCTION 16/11/2005

Terrorism (Community Protection) (Amendment) Act 2005 s. 5 Act No. (3) Without an interim authorisation having been given, the Chief Commissioner may make an application to the Supreme Court for an authorisation under this section. (4) An application under sub-section (2) or (3) 5 must-- (a) be made in writing; and (b) set out the facts and other grounds on which the Chief Commissioner considers that a terrorist act is occurring 10 or that there is a threat of a terrorist act occurring in the next 14 days; and (c) explain how the exercise of the special powers conferred by this Part will substantially assist in-- 15 (i) preventing the terrorist act; or (ii) reducing the impact of the terrorist act, or of the threat of a terrorist act, on the health or safety of the public or on property. 20 (5) The information in an application under sub- section (2) or (3) must be sworn by the Chief Commissioner. Note: The information may be affirmed instead of 25 sworn--see the definition of "sworn" in section 38 of the Interpretation of Legislation Act 1984. (6) The Supreme Court may require the Chief Commissioner to provide any additional information that the Court requires in 30 relation to the application. 88 551393B.I1-16/11/2005 BILL LA INTRODUCTION 16/11/2005

Terrorism (Community Protection) (Amendment) Act 2005 s. 5 Act No. (7) On an application under sub-section (2) or (3) the Supreme Court may, by order-- (a) if satisfied, on reasonable grounds, as mentioned in paragraphs (a) and (b) of sub-section (1), give an authorisation 5 for the exercise of the special powers conferred by this Part and revoke any interim authorisation given by the Chief Commissioner that has effect; or (b) revoke any interim authorisation that 10 has effect if not so satisfied. (8) The terms of an authorisation given by the Supreme Court may be the same as, or different to, the terms of any interim authorisation given by the Chief 15 Commissioner. (9) If, on an application under sub-section (3) the Supreme Court considers it desirable to do so, it may make an interim order giving an authorisation pending the hearing and 20 final determination of the application. (10) If the Supreme Court makes an interim order, it must specify a day on which, and time at which, the hearing of the application is to be resumed. 25 (11) On finally determining an application following the making of an interim order, the Supreme Court may-- (a) confirm the order with or without variation; or 30 (b) revoke the order if not satisfied as mentioned in sub-section (7)(a). 89 551393B.I1-16/11/2005 BILL LA INTRODUCTION 16/11/2005

Terrorism (Community Protection) (Amendment) Act 2005 s. 5 Act No. 21E. Authorisation of special powers relating to the investigation of, or recovery from, a terrorist act (1) An interim authorisation for the exercise of the special powers conferred by this Part 5 may be given by the Chief Commissioner, with the written approval of the Premier, in accordance with this Division if the Chief Commissioner-- (a) is satisfied that there are reasonable 10 grounds for believing that a terrorist act has occurred or is occurring; and (b) is satisfied that the exercise of those powers will substantially assist in-- (i) apprehending the persons 15 responsible for the terrorist act; or (ii) the investigation of the terrorist act, including the preservation of evidence of, or relating to, the terrorist act; or 20 (iii) the necessary recovery process for the community in the aftermath of the terrorist act. (2) As soon as practicable after the giving of an interim authorisation, the Chief 25 Commissioner must, if he or she considers that an authorisation should have effect for a period in excess of 24 hours, make an application to the Supreme Court for an authorisation under this section. 30 (3) Without an interim authorisation having been given, the Chief Commissioner, with the written approval of the Premier, may make an application to the Supreme Court for an authorisation under this section. 35 90 551393B.I1-16/11/2005 BILL LA INTRODUCTION 16/11/2005

Terrorism (Community Protection) (Amendment) Act 2005 s. 5 Act No. (4) An application under sub-section (2) or (3) must-- (a) be made in writing; and (b) set out the facts and other grounds on which the Chief Commissioner 5 considers that a terrorist act has occurred, or is occurring; and (c) explain how the exercise of the special powers conferred by this Part will substantially assist in-- 10 (i) apprehending the persons responsible for the terrorist act; or (ii) the investigation of the terrorist act, including the preservation of evidence of, or relating to, the 15 terrorist act; or (iii) the necessary recovery process for the community in the aftermath of the terrorist act. (5) The information in an application under sub- 20 section (2) or (3) must be sworn by the Chief Commissioner. Note: The information may be affirmed instead of sworn--see the definition of "sworn" in 25 section 38 of the Interpretation of Legislation Act 1984. (6) The Supreme Court may require the Chief Commissioner to provide any additional information that the Court requires in relation to the application. 30 91 551393B.I1-16/11/2005 BILL LA INTRODUCTION 16/11/2005

Terrorism (Community Protection) (Amendment) Act 2005 s. 5 Act No. (7) On an application under sub-section (2) or (3) the Supreme Court may, by order-- (a) if satisfied, on reasonable grounds, as mentioned in paragraphs (a) and (b) of sub-section (1), give an authorisation 5 for the exercise of the special powers conferred by this Part and revoke any interim authorisation given by the Chief Commissioner that has effect; or (b) revoke any interim authorisation that 10 has effect if not so satisfied. (8) The terms of an authorisation given by the Supreme Court may be the same as, or different to, the terms of any interim authorisation given by the Chief 15 Commissioner. (9) If, on an application under sub-section (3) the Supreme Court considers it desirable to do so, it may make an interim order giving an authorisation pending the hearing and 20 final determination of the application. (10) If the Supreme Court makes an interim order, it must specify a day on which, and time at which, the hearing of the application is to be resumed. 25 (11) On finally determining an application following the making of an interim order, the Supreme Court may-- (a) confirm the order with or without variation; or 30 (b) revoke the order if not satisfied as mentioned in sub-section (7)(a). 92 551393B.I1-16/11/2005 BILL LA INTRODUCTION 16/11/2005

Terrorism (Community Protection) (Amendment) Act 2005 s. 5 Act No. 21F. Authorisation of special powers to protect essential services from a terrorist act (1) The Governor in Council may, on the recommendation of the relevant Minister made with the approval of the Premier and in 5 accordance with the advice of the Chief Commissioner, by Order published in the Government Gazette give an authorisation for the exercise of special powers conferred by this Part. 10 (2) The relevant Minister may only recommend the making of an Order under sub-section (1) if satisfied that-- (a) a part of the essential service (within the meaning of section 28) is located in 15 a particular area; and (b) that part is a key part of the essential service; and (c) the making of the Order is reasonably necessary-- 20 (i) to protect that part from a terrorist act; or (ii) to mitigate the effects of a terrorist act on the essential service or on persons in the vicinity of the area; 25 or (iii) for the recovery of the essential service from a terrorist act. (3) An Order under sub-section (1) must-- (a) state that the effect of the Order is to 30 give an authorisation under this Part; and (b) describe the area targeted by the authorisation; and 93 551393B.I1-16/11/2005 BILL LA INTRODUCTION 16/11/2005

Terrorism (Community Protection) (Amendment) Act 2005 s. 5 Act No. (c) specify which of the special powers under Division 3 may be exercised; and (d) specify the period or periods during which the authorisation has effect. (4) In this section-- 5 "relevant Minister" means relevant Minister, in relation to a declared essential service, within the meaning of Part 6. 21G. Persons, vehicles or areas targeted by 10 authorisation (1) Except as otherwise provided by this Part, an authorisation may authorise the exercise of the special powers conferred by this Part in relation to any or all of the following-- 15 (a) a particular person named or described in the authorisation; (b) a particular vehicle, or a vehicle of a particular kind, described in the authorisation; 20 (c) a particular area described in the authorisation. (2) Without limiting subsection (1)(a), a person may be described by the use of a photograph or drawing. 25 21H. How authorisation may be given (1) This section applies to an interim authorisation given by the Chief Commissioner in accordance with this Division. 30 (2) An authorisation may be given orally or by instrument in writing. 94 551393B.I1-16/11/2005 BILL LA INTRODUCTION 16/11/2005

Terrorism (Community Protection) (Amendment) Act 2005 s. 5 Act No. (3) If the authorisation is given orally, it must be confirmed by instrument in writing as soon as it is reasonably practicable to do so and, in any event, before an application is made to the Supreme Court in respect of the matter. 5 (4) An authorisation must-- (a) state that it is given under this Part; and (b) describe the general nature of the terrorist act or threatened terrorist act to which it applies; and 10 (c) name or describe the person, vehicle or area targeted by the authorisation; and (d) specify the date on which and time at which it begins to have effect; and (e) specify the date on which and time at 15 which it ceases to have effect. 21I. Duration of authorisation (1) An authorisation given has effect, unless sooner revoked, during the period beginning when it is given (or at such later time or date 20 as is specified in the authorisation) and ending at the time and on the date specified in the authorisation. (2) The period an authorisation has effect must not exceed-- 25 (a) in the case of an interim authorisation given by the Chief Commissioner under section 21D or 21E--24 hours; or (b) in the case of an authorisation given by the Supreme Court under section 21D 30 or 21E--14 days. 95 551393B.I1-16/11/2005 BILL LA INTRODUCTION 16/11/2005

Terrorism (Community Protection) (Amendment) Act 2005 s. 5 Act No. (3) An authorisation given by Order in Council under section 21F has effect during the period or periods specified in it until the end date specified in it, not being a date later than the first anniversary of the date on 5 which it is given. (4) The Chief Commissioner may at any time revoke an interim authorisation given by him or her. (5) The cessation of an authorisation (by 10 revocation or otherwise) does not affect anything lawfully done in reliance on the authorisation before it ceased to have effect. (6) The cessation of an authorisation does not prevent a further authorisation being given. 15 21J. Interim authorisations not open to challenge (1) An interim authorisation or purported interim authorisation given by the Chief Commissioner (and any decision or 20 purported decision of the Premier or the Chief Commissioner with respect to such an interim authorisation or purported interim authorisation) is not liable to be challenged, appealed against, reviewed, quashed or 25 called in question in any court or tribunal on any account or before any person acting judicially within the meaning of the Evidence Act 1958. 96 551393B.I1-16/11/2005 BILL LA INTRODUCTION 16/11/2005

Terrorism (Community Protection) (Amendment) Act 2005 s. 5 Act No. (2) Without limiting sub-section (1), no proceedings-- (a) seeking the grant of any relief or remedy in the nature of certiorari, prohibition, mandamus or quo 5 warranto, or the grant of a declaration or an injunction; or (b) seeking any order under the Administrative Law Act 1978 (whether on the ground of absence of 10 jurisdiction or any other ground)-- may be brought against the Premier or the Chief Commissioner in respect of an interim authorisation or purported interim authorisation given by the Chief 15 Commissioner or any decision or purported decision of the Premier or the Chief Commissioner with respect to such an interim authorisation or purported interim authorisation. 20 21K. Exercise of special powers by members of the force (1) The special powers conferred by this Part may be exercised by any member of the force or, subject to sub-section (3), by any 25 other person assisting the member in that exercise and acting under the direction and control of the member. (2) A member of the force may exercise those powers whether or not he or she has been 30 provided with a copy of the authorisation. (3) A person assisting a member is not authorised to conduct a strip search of a person. 97 551393B.I1-16/11/2005 BILL LA INTRODUCTION 16/11/2005

Terrorism (Community Protection) (Amendment) Act 2005 s. 5 Act No. 21L. Power to give directions to public entities (1) The Chief Commissioner may, for the purposes of facilitating the exercise of the special powers conferred by this Part, give a public entity (within the meaning of the 5 Public Administration Act 2004) directions with respect to the exercise of the powers or functions of the agency. (2) The public entity is authorised and required to comply with the direction. 10 21M. Annual report (1) The Premier must, as soon as practicable after each 30 June, cause to be prepared a report about the operation of this Part during the year ended on that 30 June. 15 (2) Without limiting sub-section (1), a report relating to a year must include the following matters in relation to each authorisation given under this Part during the year-- (a) the terms of the authorisation and the 20 period during which it had effect; (b) a summary of the grounds that were relied on for giving the authorisation; (c) a general description of the powers exercised pursuant to the authorisation 25 and the manner in which they were exercised; (d) the result of the exercise of those powers. (3) The Premier must cause a copy of the report 30 to be laid before each House of the Parliament within 15 sitting days of that House after the report is completed. 98 551393B.I1-16/11/2005 BILL LA INTRODUCTION 16/11/2005

Terrorism (Community Protection) (Amendment) Act 2005 s. 5 Act No. Division 3--Powers 21N. Purposes for which special powers may be exercised The special powers under this Division may be exercised for the purposes of an 5 authorisation given under this Part. Note: Only the special powers specified in an authorisation under section 21B or 21F may be exercised for the purposes of that authorisation. 21O. Power to obtain disclosure of identity 10 (1) A member of the force may request a person whose identity is unknown to the member to disclose his or her identity if-- (a) the member suspects on reasonable grounds that the person is the target of 15 an authorisation (or the person is found in the company of the target of the authorisation); or (b) the person is in or on a vehicle that the member suspects on reasonable 20 grounds is the target of an authorisation; or (c) the person is in an area that is the target of an authorisation. (2) A person who is so requested to disclose his 25 or her identity must not, without reasonable excuse, fail or refuse to comply with the request. Penalty: 50 penalty units or 12 months imprisonment, or both. 30 99 551393B.I1-16/11/2005 BILL LA INTRODUCTION 16/11/2005

Terrorism (Community Protection) (Amendment) Act 2005 s. 5 Act No. (3) A person must not, without reasonable excuse, in response to any such request-- (a) give a name that is false in a material particular; or (b) give an address other than the person's 5 full and correct address. Penalty: 50 penalty units or 12 months imprisonment, or both. (4) A member of the force may request a person who is requested under this section to 10 disclose his or her identity to provide proof of his or her identity. (5) A member of the force may detain a person for so long as is reasonably necessary for the purposes of this section. 15 21P. Power to search persons (1) A member of the force may, without a warrant, stop and search a person, and anything in the possession of or under the control of the person, if-- 20 (a) the member suspects on reasonable grounds that the person is the target of an authorisation (or the person is found in the company of the target of the authorisation); or 25 (b) the person is in or on a vehicle that the member suspects on reasonable grounds is the target of an authorisation; or (c) the person is in an area that is the target 30 of an authorisation. 100 551393B.I1-16/11/2005 BILL LA INTRODUCTION 16/11/2005

Terrorism (Community Protection) (Amendment) Act 2005 s. 5 Act No. (2) In conducting a search of anything in the possession of, or under the control of, a person, a member of the force may-- (a) request the person-- (i) to produce and empty of its 5 contents any bag, basket or other receptacle; or (ii) to turn out his or her pockets; or (b) search through any bag, basket or other receptacle; or 10 (c) search through and move the contents of any bag, basket or other receptacle; or (d) search through and move the contents of the person's pockets turned out in 15 accordance with paragraph (a)(ii). (3) Schedule 1 applies to the search of a person conducted under this section. Note: Schedule 1 provides for the carrying out of ordinary 20 searches, frisk searches and strip searches. A strip search may not be carried out unless the person is suspected of being the target of an authorisation. (4) A member of the force may detain a person for so long as is reasonably necessary to conduct a search under this section. 25 (5) A member of the force may direct a person or group of people not to enter or to leave or not to leave an area that is the target of an authorisation. 101 551393B.I1-16/11/2005 BILL LA INTRODUCTION 16/11/2005

Terrorism (Community Protection) (Amendment) Act 2005 s. 5 Act No. 21Q. Power to search vehicles (1) A member of the force may, without a warrant, stop and search a vehicle, and anything in or on the vehicle, if-- (a) the member suspects on reasonable 5 grounds that the vehicle is the target of an authorisation; or (b) the member suspects on reasonable grounds that a person in or on the vehicle is the target of an authorisation; 10 or (c) the vehicle is in an area that is the target of an authorisation. (2) A member of the force may detain a vehicle for so long as is reasonably necessary to 15 conduct a search under this section. (3) A member of the force may direct the person driving or in charge of a vehicle searched under this section to remove the vehicle from, or keep the vehicle in, an area that is 20 the target of an authorisation. 21R. Power to move vehicles (1) A member of the force may move or cause to be moved a vehicle which is parked or left standing in an area that is the target of an 25 authorisation if, in the opinion of the member, the vehicle is-- (a) a danger to other vehicles or persons in that area; or (b) causing or likely to cause traffic 30 congestion in that area; or (c) hindering the exercise of special powers under this Division in that area. 102 551393B.I1-16/11/2005 BILL LA INTRODUCTION 16/11/2005

Terrorism (Community Protection) (Amendment) Act 2005 s. 5 Act No. (2) A member of the force acting in accordance with this section may-- (a) enter a vehicle using, if necessary, reasonable force, for the purpose of conveniently or expeditiously moving 5 it; and (b) move the vehicle, or cause it to be moved, to the nearest convenient place. (3) The Chief Commissioner may recover from the owner of a vehicle moved under this 10 section any reasonable costs incurred in moving it. (4) In this section, "owner" has the same meaning as it has in Part 7 of the Road Safety Act 1986. 15 21S. Power to enter and search premises (1) A member of the force may, without a warrant, enter and search any premises if-- (a) the member suspects on reasonable grounds that a person who is the target 20 of an authorisation may be on the premises; or (b) the member suspects on reasonable grounds that a vehicle that is the target of an authorisation may be on the 25 premises; or (c) the premises are in an area that is the target of an authorisation. (2) The member of the force must do as little damage as possible. 30 103 551393B.I1-16/11/2005 BILL LA INTRODUCTION 16/11/2005

Terrorism (Community Protection) (Amendment) Act 2005 s. 5 Act No. (3) A member of the force may direct a person or group of people to leave, or not to leave, any premises entered and searched under this Division. 21T. Cordon around target area 5 (1) A member of the force may, for the purposes of stopping and searching under this Division persons, vehicles or premises in a target area, place a cordon around the target area or any part of it. 10 (2) A cordon may include any form of physical barrier, including a roadblock on any road in or in the vicinity of the target area. (3) A member of the force may direct a person or group of people not to enter or to leave or 15 not to leave an area around which a cordon is placed. 21U. Power to seize and detain things (1) A member of the force may, in connection with a search under this Division, seize and 20 detain-- (a) all or part of a thing (including a vehicle) that the member suspects on reasonable grounds may be used, or may have been used, to commit a 25 terrorist act; or (b) all or part of a thing (including a vehicle) that the member suspects on reasonable grounds may provide evidence of the commission of a serious 30 indictable offence (whether or not related to a terrorist act). 104 551393B.I1-16/11/2005 BILL LA INTRODUCTION 16/11/2005

Terrorism (Community Protection) (Amendment) Act 2005 s. 5 Act No. (2) A power conferred by this section to seize and detain a thing includes-- (a) a power to remove a thing from the place where it is found; and (b) a power to guard the thing in or at the 5 place where it is found. (3) A member of the force who has seized and detained a thing under this section must take reasonable steps to return the thing to the person from whom it was seized if-- 10 (a) that person may lawfully possess the thing; and (b) the thing is no longer required for investigative or evidentiary purposes in relation to an offence. 15 (4) A thing seized or detained under this section that is-- (a) no longer required for investigative or evidentiary purposes in relation to an offence; and 20 (b) not required under sub-section (3) to be returned to the person from whom it was seized-- is forfeited to the Crown and may be disposed of in any manner that the Chief 25 Commissioner thinks fit. 21V. Use of force generally by members of the force It is lawful for a member of the force exercising a power under this Division in 30 relation to a person or a thing, and anyone assisting the member, to use such force as is reasonably necessary to exercise the power. 105 551393B.I1-16/11/2005 BILL LA INTRODUCTION 16/11/2005

Terrorism (Community Protection) (Amendment) Act 2005 s. 5 Act No. 21W. Offence to obstruct or hinder search or other powers A person must not, without reasonable excuse-- (a) obstruct or hinder a member of the 5 force in the exercise of a power under this Division to stop and search a person or vehicle, to enter and search premises or to seize and detain a thing; or 10 (b) fail to comply with a direction given by a member of the force in the exercise of a power under this Division to give that direction. Penalty: 100 penalty units or imprisonment 15 for 2 years, or both. 21X. Supplying member of the force's details and other information (1) A member of the force must, before or at the time of exercising a power under this 20 Division, or as soon as is reasonably practicable after exercising the power, provide the person subject to the exercise of the power with the following if requested to do so-- 25 (a) evidence that he or she is a member of the force (unless the member is in uniform); (b) the name of the member and his or her place of duty; 30 (c) the reason for the exercise of the power. 106 551393B.I1-16/11/2005 BILL LA INTRODUCTION 16/11/2005

Terrorism (Community Protection) (Amendment) Act 2005 s. 6 Act No. (2) The Chief Commissioner is to arrange for a written statement to be provided, on request made within 12 months after the search, to a person who was searched, or whose vehicle or premises were searched, under this Part 5 stating that the search was conducted in pursuance of this Part.'. 6. New Schedule 1 inserted in Principal Act After Part 7 of the Principal Act insert-- 10 'SCHEDULE 1 Section 21P(3) CONDUCT OF PERSONAL SEARCHES UNDER PART 3A 1. Application of Schedule 15 This Schedule applies to any search of a person carried out, or authorised to be carried out, by a member of the force under Part 3A, except as otherwise provided by this Act or the regulations. 2. Definitions 20 In this Schedule-- "electronic metal detection device" means an electronic device that is capable of detecting the presence of metallic objects; "frisk search" means-- 25 (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 30 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 35 passing an electronic metal detection device over or in close proximity to that thing; 107 551393B.I1-16/11/2005 BILL LA INTRODUCTION 16/11/2005

Terrorism (Community Protection) (Amendment) Act 2005 s. 6 Act No. "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 5 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 10 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 15 not of the person's body cavities) and of those clothes. 3. Frisk searches and ordinary searches (1) A member of the force who is authorised to search a person may carry out a frisk search or an ordinary 20 search of the person for any purpose for which the search may be conducted. (2) In conducting a frisk search, a member of the force may, if the member has asked the person to remove a coat or jacket, treat the person's outer clothing as 25 being the person's outer clothing after the coat or jacket has been removed. 4. Strip searches A member of the force who is authorised to search a person may conduct a strip search of the person-- 30 (a) if the person is suspected of being the target of an authorisation; and (b) if the member suspects on reasonable grounds that it is necessary to conduct a strip search of the person for the purposes of the search and 35 that the seriousness and urgency of the circumstances require the strip search to be carried out. 108 551393B.I1-16/11/2005 BILL LA INTRODUCTION 16/11/2005

Terrorism (Community Protection) (Amendment) Act 2005 s. 6 Act No. 5. Preservation of privacy and dignity during search (1) A member of the force who searches a person must, as far as is reasonably practicable in the circumstances, comply with this clause. 5 (2) The member 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. 10 (3) The member must ask for the person's co-operation. (4) The member must conduct the search-- (a) in a way that provides reasonable privacy for the person searched; and (b) as quickly as is reasonably practicable. 15 (5) The member must conduct the least invasive kind of search practicable in the circumstances. (6) The member 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 20 person's breasts unless the member suspects on reasonable grounds that it is necessary to do so for the purposes of the search. (7) A search must be conducted by a member of the force of the same sex as the person searched or by a person 25 of the same sex under the direction of the member. (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. 30 (9) A person must be allowed to dress as soon as a search is finished. (10) If clothing is seized because of the search, the member of the force must ensure the person searched is left with or given reasonably appropriate clothing. 109 551393B.I1-16/11/2005 BILL LA INTRODUCTION 16/11/2005

Terrorism (Community Protection) (Amendment) Act 2005 s. 6 Act No. (11) In this clause-- "questioning" of a person means questioning the person or carrying out an investigation (in which the person participates); 5 "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, 10 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, 15 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 20 person. 6. Rules for conduct of strip searches (1) A member of the force who strip searches a person must, as far as is reasonably practicable in the circumstances, comply with the following-- 25 (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; 30 (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 35 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. 110 551393B.I1-16/11/2005 BILL LA INTRODUCTION 16/11/2005

Terrorism (Community Protection) (Amendment) Act 2005 s. 6 Act No. (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, unless it is not reasonably practicable in the circumstances, be 5 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 member of the force) who is capable of representing the interests of the person and 10 who, as far as is practicable in the circumstances, is acceptable to the person. (4) A strip search must not involve a search of a person's body cavities or an examination of the body by touch. (5) A strip search must not involve the removal of more 15 clothes than the person conducting the search believes on reasonable grounds to be reasonably necessary for the purposes of the search. (6) A strip search must not involve more visual inspection than the person conducting the search believes on 20 reasonable grounds to be reasonably necessary for the purposes of the search. (7) 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 25 to that person being present. (8) This clause is in addition to the other requirements of this Act relating to searches. (9) In this clause-- "impaired intellectual functioning" means-- 30 (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 35 (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 40 A strip search must not be conducted on a person who is under the age of 10 years.'. 111 551393B.I1-16/11/2005 BILL LA INTRODUCTION 16/11/2005

Terrorism (Community Protection) (Amendment) Act 2005 s. 7 Act No. 7. New section 4A inserted in Principal Act After section 4 of the Principal Act insert-- "4A. Extraterritoriality of terrorist act no barrier To avoid doubt, functions, powers or duties 5 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.". 8. Covert search warrants 10 (1) For section 6(1)(a) of the Principal Act substitute-- "(a) any of the following applies-- (i) a terrorist act has been, is being, or is likely to be, committed; 15 (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, 20 a terrorist organisation (within the meaning of Division 102 of the Criminal Code of the Commonwealth) training connected with preparation for, or 25 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 30 assisting, a terrorist act; and". 112 551393B.I1-16/11/2005 BILL LA INTRODUCTION 16/11/2005

Terrorism (Community Protection) (Amendment) Act 2005 s. 9 Act No. (2) In section 6(1)(b) of the Principal Act-- (a) after "preventing" insert "(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 5 in, or assistance in, a terrorist act)"; (b) for "that terrorist act" substitute "a terrorist act". (3) After section 6(1) of the Principal Act insert-- "(1A) An application for a warrant under this Part 10 may be made even if the suspicion or belief does not relate to a specific terrorist act.". 9. Review In section 38(1) and (2) of the Principal Act, for "2006" substitute "2011". 15 10. New section 39A inserted in Principal Act After section 39 of the Principal Act insert-- "39A. Supreme Court--limitation of jurisdiction It is the intention of section 21J to alter or vary section 85 of the Constitution Act 20 1975.". 11. Expiry In section 41 of the Principal Act, for "2006" substitute "2016". 12. Consequential amendment of Principal Act 25 After section 1(b) of the Principal Act insert-- "(ba) to provide for the application for, and the making of, preventative detention orders; and". 113 551393B.I1-16/11/2005 BILL LA INTRODUCTION 16/11/2005

Terrorism (Community Protection) (Amendment) Act 2005 s. 13 Act No. 13. Statute law revision Part 8 of the Principal Act is repealed. See: 14. Amendment of Corrections Act 1986 Act No. 117/1986. (1) After section 6(c) of the Corrections Act 1986 Reprint No. 5 insert-- 5 as at 1 January "(ca) a preventative detention order within the 2004 and meaning of the Terrorism (Community amending Protection) Act 2003 or an order for a Act Nos 11/1993, person's detention made under a 53/2003, corresponding preventative detention law 10 14/2004, 74/2004, within the meaning of that Act; or". 97/2004, 108/2004, (2) After section 6A(1) of the Corrections Act 1986 1/2005, 2/2005, insert-- 18/2005 and 69/2005. LawToday: "(1A) Sub-section (1) applies each time when-- www.dms. dpc.vic. (a) a person who has ceased to be in the 15 gov.au legal custody of the Secretary by force of section 6B(ca) is again taken into custody and detained under the order referred to in that section; and (b) either of the events referred to in sub- 20 section (1)(b) occurs.". (3) After section 6B(c) of the Corrections Act 1986 insert-- "(ca) if the person is being detained under an order referred to in section 6(ca), during any 25 period when he or she is taken not to be detained under the order by force of section 13V of the Terrorism (Community Protection) Act 2003 or section 105.26 of the Criminal Code of the Commonwealth; 30 or". 114 551393B.I1-16/11/2005 BILL LA INTRODUCTION 16/11/2005

Terrorism (Community Protection) (Amendment) Act 2005 s. 14 Act No. (4) At the end of section 6B of the Corrections Act 1986 insert-- "(2) Despite sub-section (1)(a), a person being detained under an order referred to in section 6(ca) who is in the legal custody of the 5 Secretary does not cease to be in the legal custody of the Secretary on the expiration of the order if-- (a) another such order comes into force in relation to the person immediately after 10 that expiration; or (b) another such order continues in force in relation to the person.". (5) After section 6D(1) of the Corrections Act 1986 insert-- 15 "(1A) Sub-section (1) applies each time when-- (a) a person who has ceased to be in the legal custody of the Chief Commissioner of Police by force of section 6E(ca) is again taken into 20 custody and detained under the order referred to in that section; and (b) either of the events referred to in sub- section (1)(b) occurs.". (6) After section 6E(c) of the Corrections Act 1986 25 insert-- "(ca) if the person is being detained under an order referred to in section 6(ca), during any period when he or she is taken not to be detained under the order by force of section 30 13V of the Terrorism (Community Protection) Act 2003 or section 105.26 of the Criminal Code of the Commonwealth; or". 115 551393B.I1-16/11/2005 BILL LA INTRODUCTION 16/11/2005

Terrorism (Community Protection) (Amendment) Act 2005 s. 14 Act No. (7) At the end of section 6E of the Corrections Act 1986 insert-- "(2) Despite sub-section (1)(a), a person being detained under an order referred to in section 6(ca) who is in the legal custody of the Chief 5 Commissioner of Police does not cease to be in the legal custody of the Chief Commissioner of Police on the expiration of the order if-- (a) another such order comes into force in 10 relation to the person immediately after that expiration; or (b) another such order continues in force in relation to the person.". (8) After section 30(3)(db) of the Corrections Act 15 1986 insert-- "(dc) disclosing to a member of the police force or an AFP member (within the meaning of Part 5.3 of the Criminal Code of the Commonwealth) information relating to a 20 prisoner, if the disclosure is made for the purpose of-- (i) implementing or enforcing an order referred to in section 6(ca) under which the prisoner is being detained; or 25 (ii) the security or good order of the prison or the safety or welfare of the prisoner; or". 116 551393B.I1-16/11/2005 BILL LA INTRODUCTION 16/11/2005

Terrorism (Community Protection) (Amendment) Act 2005 s. 14 Act No. (9) After section 47E(a) of the Corrections Act 1986 insert-- "(ab) details of every letter given by a prison officer to a member of the force or a police officer (within the meaning of Part 5.3 of the 5 Criminal Code of the Commonwealth) under section 13ZC of the Terrorism (Community Protection) Act 2003; and". 117 551393B.I1-16/11/2005 BILL LA INTRODUCTION 16/11/2005

Terrorism (Community Protection) (Amendment) Act 2005 Endnotes Act No. ENDNOTES By Authority. Government Printer for the State of Victoria. 118 551393B.I1-16/11/2005 BILL LA INTRODUCTION 16/11/2005

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