Terrorism (Community Protection) Act 2003

Subject to subsection (2), the Chief 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—

that an event is taking place in Victoria or is likely to take place in Victoria in the near future; and

that the event involves, or is likely to involve, the attendance of prominent persons or of a large number of people; and

on reasonable grounds that the event might be the subject of a terrorist act; and

that the giving of an authorisation targeting—

the area in which the event is taking place or is likely to take place; or

any other area in which an activity connected with the event is taking place or is likely to take place—

An application under subsection (1) may only be made with the written approval of the Premier.

An application under subsection (1) must—

be made in writing; and

describe the event in respect of which the application is being made; and

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; and

explain why the giving of an authorisation targeting—

the area in which the event is taking place or is likely to take place; or

any other area in which an activity connected with the event is taking place or is likely to take place—

specify the special powers under Division 3 that, in the opinion of the Chief Commissioner, are reasonably necessary to ensure the safety of any person or persons attending the event; and

describe any area sought to be made the target of an authorisation.

The information in the application must be sworn or affirmed by the Chief Commissioner.

The Supreme Court may require the Chief Commissioner to provide any additional information that the Court requires in relation to the application.

The Supreme Court may, by order, give an 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 attending the event.

An authorisation must—

state that it is given under this Part; and

describe the general nature of the event to which it applies; and

describe any area targeted by the authorisation; and

specify which of the special powers under Division 3 may be exercised; and

specify the date on which and time at which it begins to have effect; and

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.

If, on an application under subsection (1) the Supreme Court considers it desirable to do so, it may make an interim order giving an authorisation pending the hearing and final determination of the application.

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.

On finally determining an application following the making of an interim order, the Supreme Court may—

confirm the order without variation or vary—

the description of any area targeted by the authorisation; or

the special powers that may be exercised; or

the time or date when the order ceases to have effect; or

revoke the order if not satisfied as mentioned in subsection (6).