Terrorism (Community Protection) Act 2003

While a preventative detention order is in effect in relation to a person—

any police officer may take the person into custody; and

any police officer may detain the person.

A police officer may, for the purpose of taking a person into custody under a preventative detention order or preventing 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 committed an indictable offence in Victoria or was escaping from legal custody.

Subsection (2) does not apply to the extent to which particular powers are provided for in this Part.

If a preventative detention order is made in relation to a person, the Chief Commissioner of Police must nominate a police officer of or above the rank of superintendent (the nominated senior police officer) to oversee the exercise of powers under, and the performance of obligations in relation to, the preventative detention order.

The nominated senior police officer must be someone who was not involved in the making of the application for the preventative detention order.

The nominated senior police officer must—

oversee the exercise of powers under, and the performance of obligations in relation to, the preventative detention order; and

without limiting paragraph (a), ensure that the provisions of section 13O (which deals with the revocation or variation of preventative detention orders and prohibited contact orders) are complied with in relation to the preventative detention order; and

receive and consider any representations that are made under subsection (7).

The following persons—

the person being detained under a preventative detention order;

the Ombudsman under the Ombudsman Act 1973 or the IBAC Commissioner;

the Commission for Children and Young People;

a lawyer acting for the person being detained under a preventative detention order in relation to the order or a prohibited contact order;

a person with whom the person being detained under a preventative detention order has contact under section 13ZH(2);

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))—

the exercise of powers under, and the performance of obligations in relation to, the preventative detention order; and

without limiting paragraph (f), compliance with the provisions of section 13O (which deals with the revocation or variation of preventative detention orders and prohibited contact orders) in relation to the preventative detention order; and

the person's treatment in connection with the person's detention under the preventative detention order.