Victorian Consolidated Legislation

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TERRORISM (COMMUNITY PROTECTION) ACT 2003 

No. 7 of 2003
Version incorporating amendments as at 18 June 2009

TABLE OF PROVISIONS

           Section Page

   PART 1-PRELIMINARY

   1.      Purposes
   2.      Commencement
   3.      Definitions
   4.      What is a terrorist act?
   4A.     Extraterritoriality of terrorist act no barrier
   4B.     Providing documents or information facilitating terrorist acts

   PART 2-COVERT SEARCH WARRANTS

   5.      Jurisdiction
   6.      Covert search warrants
   7.      Application for warrant
   8.      Determining the application
   9.      What does a warrant authorise?
   10.     Warrant may be granted by telephone
   11.     Report to court
   12.     No publication of report of proceeding
   13.     Annual reports

   PART 2A-PREVENTATIVE DETENTION ORDERS

           Division 1-Preliminary

   13A.    Object of Part
   13B.    Definitions

           Division 2-Preventative detention orders

   13C.    Application for preventative detention order
   13D.    Form and content of application
   13E.    Preventative detention orders
   13F.    Nature of preventative detention order
   13G.    Duration of preventative detention orders
   13H.    When order starts and ceases to have effect
   13I.    Extension of preventative detention order
   13J.    No preventative detention order in relation to person under 16 years of age
   13JA.   Special assistance for person with inadequate knowledge of English language or disability
   13K.    Restrictions on multiple preventative detention orders
   13KA.   Basis for applying for, and making, prohibited contact order
   13L.    Prohibited contact order (person in relation to whom preventative detention order is being sought)
   13M.    Prohibited contact order (person in relation to whom preventative detention order is already in force)
   13N.    Application by detainee for revocation or variation of preventative detention order or prohibited contact order
   13O.    Application by police for revocation or variation of preventative detention order or prohibited contact order

           Division 3-Carrying out preventative detention orders

   13P.    Power to detain person under preventative detention order
   13Q.    Endorsement of order with date and time person taken into custody or detained
   13R.    Requirement to provide name etc.
   13S.    Power to enter premises
   13T.    Power to conduct search
   13U.    Warrant under section 34D of the Australian Security Intelligence Organisation Act 1979 of the Commonwealth
   13V.    Release of person from preventative detention
   13W.    Arrangement for detainee to be held in prison
   13WA.   Arrangement for detainee to be held in youth justice facility

           Division 4-Informing person detained about preventative detention order

   13X.    Effect of preventative detention order to be explained to person detained
   13Y.    Person being detained to be informed of extension of preventative detention order
   13Z.    Compliance with obligations to inform
   13ZA.   Copy of preventative detention order

           Division 5-Treatment of person detained

   13ZB.   Humane treatment of person being detained
   13ZBA.  Detention of persons under 18.
   13ZC.   Restriction on contact with other people
   13ZD.   Contacting family members etc.
   13ZE.   Contacting Ombudsman etc.
   13ZF.   Contacting lawyer
   13ZG.   Monitoring contact under section 13ZD or 13ZF.
   13ZH.   Special contact rules for person under 18 or incapable of managing own affairs
   13ZI.   Entitlement to contact subject to prohibited contact order
   13ZJ.   Disclosure offences
   13ZK.   Questioning of person prohibited while person is detained
   13ZL.   Taking identification material
   13ZM.   Use of identification material
   13ZN.   Offences of contravening safeguards

           Division 6-Miscellaneous

   13ZO.   Standard of proof
   13ZP.   Nature of proceedings
   13ZQ.   Member of the force detaining person under a preventative detention order
   13ZR.   Annual report
   13ZS.   Ombudsman etc. functions and powers not affected
   13ZT.   Law relating to legal professional privilege not affected
   13ZU.   Legal proceedings in relation to orders
   13ZV.   Sunset provision

   PART 3-POLICE POWERS TO DETAIN AND DECONTAMINATE

   14.     Interpretation
   15.     Definitions
   16.     Authorisation
   17.     How may an authorisation be given?
   18.     What is authorised?
   18A.    Requests for communication and medical treatment by
           persons detained
   19.     When does an authorisation lapse?
   20.     Extended authorisation
   21.     Use of reasonable and necessary force

   PART 3A-SPECIAL POLICE POWERS

           Division 1-Preliminary

   21A.    Definitions

           Division 2-Authorisation to exercise special powers

   21B.    Authorisation of special powers to protect persons attending events from a terrorist act
   21C.    Extension of authorisation under section 21B.
   21D.    Authorisation of special powers to prevent, or reduce the impact of, a terrorist act
   21E.    Authorisation of special powers relating to the investigation of, or recovery from, a terrorist act
   21F.    Authorisation of special powers to protect essential services from a terrorist act
   21G.    Persons, vehicles or areas targeted by authorisation
   21H.    How authorisation may be given
   21I.    Duration of authorisation
   21J.    Interim authorisations not open to challenge
   21K.    Exercise of special powers by members of the force
   21L.    Power to give directions to public entities
   21M.    Annual report

           Division 3-Powers

   21N.    Purposes for which special powers may be exercised
   21O.    Power to obtain disclosure of identity
   21P.    Power to search persons
   21Q.    Power to search vehicles
   21R.    Power to move vehicles
   21S.    Power to enter and search premises
   21T.    Cordon around target area
   21U.    Power to seize and detain things
   21V.    Use of force generally by members of the force
   21W.    Offence to obstruct or hinder search or other powers
   21X.    Supplying member of the force's details and other information

   PART 4-MANDATORY REPORTING ABOUT PRESCRIBED CHEMICALS AND OTHER SUBSTANCES

   22.     Reporting about prescribed chemical or other substance

   PART 5-PROTECTION OF COUNTER-TERRORISM INFORMATION

   23.     Protection of counter-terrorism information in legal
           proceedings
   24.     Court may inspect documents

   PART 6-ESSENTIAL SERVICES INFRASTRUCTURE RISK MANAGEMENT

   25.     Object of this Part
   26.     What is an essential service?
   27.     Who is the relevant Minister?
   27A.    Delegation
   28.     Application of this Part to an essential service
   29.     Duty to prepare risk management plan
   30.     What are the objectives of a risk management plan?
   31.     What must a risk management plan contain?
   32.     Duty to audit and update risk management plan
   33.     Duty to participate in training exercises
   34.     Certificate as to plan
   35.     Duty to provide copy of plan
   36.     Minister may issue directions
   37.     Application to Supreme Court

   PART 7-GENERAL

   38.     Review
   39.     Operation of Act
   39A.    Supreme Court-limitation of jurisdiction
   40.     Regulations
   41.     Expiry

   PART 8-Repealed

           42-45. Repealed
           __________________
           SCHEDULE 1-Conduct of Personal Searches under Part 3A.
           1. Application of Schedule 2. Definitions
           3. Frisk searches and ordinary searches
           4. Strip searches
           5. Preservation of privacy and dignity during search
           6. Rules for conduct of strip searches
           7. No strip searches of children under 10 years
           ---------------
           ENDNOTES
           1. General Information
           2. Table of Amendments
           3. Explanatory Details

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