1Purposes

The main purposes of this Act are—

(a)

to provide new powers and obligations relating to the prevention of, and the response to, terrorist acts; and

S. 1(b) amended by No. 37/2014 s. 10(Sch. item 167.1).

(b)

to provide for the application for, and the grant and execution of, warrants authorising the covert search of premises by police officers; and

S. 1(baa) inserted by No. 32/2018 s. 3.

(baa)

to provide for the making of police detention decisions; and

S. 1(ba) inserted by No. 5/2006 s. 12.

(ba)

to provide for the application for, and the making of, preventative detention orders; and

S. 1(bb) inserted by No. 47/2021 s. 4.

(bb)

to establish the Countering Violent Extremism Multi-Agency Panel; and

S. 1(bc) inserted by No. 47/2021 s. 4, substituted by No. 9/2025 s. 8.

(bc)

to provide for the voluntary case management of persons who are vulnerable to violent extremism; and

S. 1(bd) inserted by No. 47/2021 s. 4.

(bd)

to provide for the application for, and the making of, support and engagement orders to address the underlying causes of persons who are radicalising towards violent extremism; and

S. 1(c) amended by No. 67/2004 s. 17(1)(a).

(c)

to provide for mandatory reporting of the theft or loss or discrepancies in quantity of certain chemicals and other substances; and

S. 1(d) repealed by No. 76/2014 s. 8(1).

* * * * *

(e)

to protect counter-terrorism methods from disclosure in legal proceedings.

2Commencement

(1)

This Part and Parts 3, 5, 7 and 8 come into operation on the day after the day on which this Act receives the Royal Assent.

(2)

Subject to subsection (3), Parts 2, 4 and 6 come into operation on a day or days to be proclaimed.

(3)

If a provision of this Act does not come into operation before 1 July 2004, it comes into operation on that day.

S. 3 amended by No. 32/2018 s. 4(3) (ILA s. 39B(1)).

3Definitions

(1)

In this Act—

S. 3(1) def. of AFP member inserted by No. 32/2018 s. 4(1).

AFP member has the same meaning as in Part 5.3 of the Criminal Code of the Commonwealth;

S. 3(1) def. of Assistant Commis-sioner substituted by No. 30/2006 s. 4(1)(a).

Assistant Commissioner means an Assistant Commissioner of Police for Victoria;

S. 3(1) def. of authorised police officer inserted by No. 32/2018 s. 4(1).

authorised police officer means a police officer appointed by the Chief Commissioner under subsection (2);

S. 3(1) def. of Chief Commis-sioner substituted by No. 30/2006 s. 4(1)(b).

Chief Commissioner means the Chief Commissioner of Police for Victoria;

S. 3(1) def. of child inserted by No. 32/2018 s. 4(1).

child means a person under 18 years of age;

S. 3(1) def. of Commission for Children and Young People inserted by No. 32/2018 s. 4(1).

Commission for Children and Young People means the Commission established by section 6 of the Commission for Children and Young People Act 2012;

S. 3(1) def. of Common-wealth control order inserted by No. 32/2018 s. 4(1).

Commonwealth control order has the same meaning as control order has in Part 5.3 of the Criminal Code of the Commonwealth;

S. 3(1) def. of correspond-ing preventative detention law inserted by No. 32/2018 s. 4(1), amended by No. 47/2021 s. 20.

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 Territory, or particular provisions of a law of another State or of a Territory, that—

(i)

corresponds or correspond to Part 2AA or Part 2A; or

(ii)

is or are prescribed;

S. 3(1) def. of counter-terrorism information repealed by No. 32/2018 s. 64(b).

* * * * *

S. 3(1) def. of counter-terrorism intelligence inserted by No. 32/2018 s. 64(a).

counter-terrorism intelligence means any information, document or other thing relating to a terrorist act or suspected terrorist act in Victoria or elsewhere, the disclosure of which could reasonably be expected to—

(a)

prejudice a criminal investigation, including by revealing intelligence-gathering methodologies, investigative techniques or technologies, or covert practices; or

(b)

enable the discovery of the existence or identity of a confidential source of information relevant to law enforcement; or

(c)

endanger a person's life or physical safety; or

(d)

threaten significant damage to infrastructure or other property; or

(e)

prejudice national security;

S. 3(1) def. of counter-terrorism intelligence protection order inserted by No. 32/2018 s. 64(a), amended by No. 47/2021 s. 5(1).

counter-terrorism intelligence protection order has the meaning given in section 25(1B);

S. 3(1) def. of declared essential service repealed by No. 76/2014 s. 8(2)(a).

* * * * *

S. 3(1) def. of Deputy Commis-sioner substituted by No. 30/2006 s. 4(1)(c).

Deputy Commissioner means a Deputy Commissioner of Police for Victoria;

S. 3(1) def. of essential service substituted by No. 76/2014 s. 8(2)(b).

essential service has the same meaning as it has in section 74B of the Emergency Management Act 2013;

S. 3(1) def. of family member inserted by No. 32/2018 s. 4(1).

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

(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;

S. 3(1) def. of IBAC inserted by No. 32/2018 s. 4(1).

IBAC has the same meaning as in the Independent Broad-based Anti-corruption Commission Act 2011;

S. 3(1) def. of IBAC Com-missioner inserted by No. 32/2018 s. 4(1).

IBAC Commissioner means the Commissioner within the meaning of the Independent Broad-based Anti-corruption Commission Act 2011;

S. 3(1) def. of identification material inserted by No. 32/2018 s. 4(1).

identification material, in relation to a person, means—

(a)

samples taken from a part of the person's body from which a DNA profile may be derived; or

(b)

prints of the person's hands, fingers, feet or toes; or

(c)

recordings of the person's voice, or

(d)

samples of the person's handwriting; or

(e)

photographs (including video recordings other than video recordings made in the ordinary course of operation of a security camera fitted at, or in the immediate vicinity of, a place where the person is being detained under Part 2AA or a preventative detention order) of the person;

S. 3(1) def. of Integrity Oversight Victoria inserted by No. 31/2024 s. 113(Sch. 1 item 39.1(a)).

Integrity Oversight Victoria has the same meaning as in the Integrity Oversight Victoria Act 2011;

S. 3(1) def. of interim preventative detention order inserted by No. 32/2018 s. 4(1).

interim preventative detention order means an interim preventative detention order made by the Supreme Court under section 13E;

S. 3(1) def. of lawyer inserted by No. 32/2018 s. 4(1).

lawyer means an Australian lawyer;

S. 3(1) def. of legal advice inserted by No. 32/2018 s. 4(1).

legal advice has the same meaning as in the Legal Aid Act 1978;

S. 3(1) def. of maximum police detention period inserted by No. 32/2018 s. 4(1).

maximum police detention period means—

(a)

for an adult—a period of 4 days;

(b)

for a child—a period of 36 hours;

Note

4What is a terrorist act?

(1)

In this Act, terrorist act means an action or threat of action where—

(a)

the action falls within subsection (2) and does not fall within subsection (3); and

(b)

the action is done or the threat is made with the intention of advancing a political, religious or ideological cause; and

(c)

the action is done or the threat is made with the intention of—

(i)

coercing, or influencing by intimidation, the government of the Commonwealth or a State, Territory or foreign country, or of part of a State, Territory or foreign country; or

(ii)

intimidating the public or a section of the public.

(2)

Action falls within this subsection if it—

(a)

causes serious harm that is physical harm to a person; or

(b)

causes serious damage to property; or

(c)

causes a person's death; or

(d)

endangers a person's life, other than the life of the person taking the action; or

(e)

creates a serious risk to the health or safety of the public or a section of the public; or

(f)

seriously interferes with, seriously disrupts, or destroys, an electronic system including, but not limited to—

(i)

an information system; or

(ii)

a telecommunications system; or

(iii)

a financial system; or

S. 4(2)(f)(iv) amended by No. 30/2006 s. 4(2)(a).

(iv)

a system used for the delivery of essential government services by any entity (whether publicly or privately owned); or

S. 4(2)(f)(v) amended by No. 30/2006 s. 4(2)(b).

(v)

a system used for, or by, an essential public utility (whether publicly or privately owned); or

(vi)

a system used for, or by, a transport system.

(3)

Action falls within this subsection if it—

(a)

is advocacy, protest, dissent or industrial action; and

(b)

is not intended—

(i)

to cause serious harm that is physical harm to a person; or

(ii)

to cause a person's death; or

(iii)

to endanger the life of a person, other than the person taking action; or

(iv)

to create a serious risk to the health or safety of the public or a section of the public.

Note to s. 4 repealed by No. 30/2006 s. 4(3).

* * * * *

S. 4A inserted by No. 5/2006 s. 7.

4AExtraterritoriality of terrorist act no barrier

To avoid doubt, functions, powers or duties 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.

S. 4B inserted by No. 30/2006 s. 5.

4BProviding documents or information facilitating terrorist acts

(1)

A person commits an offence if—

(a)

the person has possession or control of a document or information; and

(b)

the person intentionally provides the document or information to another person; and

(c)

the person does so with the intention of facilitating preparation for, the engagement of a person in or assistance in a terrorist act.

Level 5 imprisonment (10 years maximum).

Note to s. 4B(1) inserted by No. 65/2016 s. 22.

Note

An offence against subsection (1) is a category 2 offence under the Sentencing Act 1991. See subsection (2H) of section 5 of that Act for the requirement to impose a custodial order for this offence unless the circumstances set out in paragraphs (a) to (e) of that subsection exist.

(2)

A person commits an offence under subsection (1) even if the terrorist act does not occur.

(3)

If—

(a)

an act or omission by a person is both an offence against subsection (1) and an offence against Part 5.3 of the Criminal Code of the Commonwealth; and

(b)

the person has been punished for the offence under that Part—

the person is not liable to be punished for the offence against subsection (1).

Pt 1A (Heading and ss 4C–4F) inserted by No. 72/2011 s. 44.

4CApplication of this Division

This Division applies if a person is required under this Act to give notice to a Public Interest Monitor of an application for—

(a)

a covert search warrant; or

(b)

a preventative detention order; or

(c)

an extension of a preventative detention order; or

(d)

a variation or revocation of a preventative detention order; or

(e)

a prohibited contact order; or

S. 4C(f) amended by No. 32/2018 s. 65(a).

(f)

a variation or revocation of a prohibited contact order; or

S. 4C(g) inserted by No. 32/2018 s. 65(b).

(g)

a counter-terrorism intelligence protection order.

S. 4D inserted by No. 72/2011 s. 44.

4DInformation to be given to Public Interest Monitor

(1)

If the application is made in writing, the applicant must give the Public Interest Monitor a copy of the application and any affidavit required to be given to the Supreme Court in support of the application.

(2)

If the application is to be made by telephone, the applicant must give the Public Interest Monitor the information required to be given to the Supreme Court on a telephone application.

S. 4D(3) amended by No. 32/2018 s. 6(2).

(3)

An obligation to maintain secrecy in relation to, or that otherwise restricts, the provision of information to the Public Interest Monitor, whether imposed under an Act or by a rule of law, does not apply to the provision of information under this Division.

S. 4E inserted by No. 72/2011 s. 44.

4EFull disclosure to Public Interest Monitor

(1)

The applicant must fully disclose to the Public Interest Monitor all matters of which the applicant is aware that are adverse to the application.

(2)

The applicant must not knowingly or recklessly fail to comply with subsection (1).

Penalty: Level 9 imprisonment (6 months maximum) or a level 9 fine (60 penalty units maximum) or both.

S. 4F inserted by No. 72/2011 s. 44.

4FRole of Public Interest Monitor

(1)

The Public Interest Monitor is entitled—

(a)

to appear at the hearing of the application to test the content and sufficiency of the information relied on and the circumstances of the application; and

(b)

for the purpose of testing the content and sufficiency of the information relied on and the circumstances of the application—

(i)

to ask questions of any person giving information in relation to the application; and

(ii)

to make submissions to the Supreme Court about the appropriateness of granting the application.

(2)

Without limiting subsection (1), the Public Interest Monitor is entitled to make submissions to the Supreme Court in the presence of the judge or by phone, fax, email or any other reasonable way.

(3)

If a Public Interest Monitor is not reasonably able to be contacted for an application (other than an application for a covert search warrant)—

(a)

the application may proceed without a Public Interest Monitor being notified; and

(b)

a Public Interest Monitor must be notified as soon as possible and given any information requested by the Public Interest Monitor that the Public Interest Monitor would have been entitled to obtain for or during the application.

(4)

As soon as practicable after the application is heard, the Public Interest Monitor must return to the applicant any documents given by the applicant to the Public Interest Monitor under section 4D or 4E or subsection (3) of this section in relation to the applications.

Pt 1A Div. 2 (Heading and ss 4G–4N) inserted by No. 32/2018 s. 7.

4GAuthorised police officer to notify Public Interest Monitor about certain things relating to police detention decisions

(1)

An authorised police officer must notify a Public Interest Monitor of the things set out in column 2 of the Table within the time specified in column 3 of the Table opposite that thing.

Table

Column 1 Item	Column 2 Thing to be notified to a Public Interest Monitor	Column 3 When notification must be given
1	The making of a police detention decision	As soon as practicable after the police detention decision is made
2	The date and time a person to whom a police detention decision applies is taken into custody and detained under Part 2AA	As soon as practicable after the person is taken into custody (but no later than 2 hours after the person is taken into custody)
3	The name and contact details of the nominated senior police officer in relation to a person to whom a police detention decision applies	As soon as practicable after the police detention decision is made
4	A police detention decision ceasing to have effect under section 13AF(2)(a)	As soon as practicable after the police detention decision ceases to have effect

S. 4G(2) amended by No. 31/2024 s. 34.

(2)

A notification under subsection (1) must be in accordance with the regulations under the Public Interest Monitor Act 2011.

Note

4HNominated senior police officer to notify Public Interest Monitor about certain matters relating to police detention decisions

(1)

A nominated senior police officer must notify a Public Interest Monitor of—

(a)

when a periodic review is to be conducted as soon as practicable after deciding when to conduct it; and

Note

Terrorism (Community Protection) Act 2003

About this Act

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Bill & explanatory material

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