Parliamentary material from legislation.vic.gov.au and the Parliament of Victoria. Links open the official source in a new tab.
The objectives of these Regulations are—
Reg. 1(a) revoked by S.R. No. 120/2024 reg. 5.
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to prescribe requirements in relation to certain search and seizure procedures under that Act; and
to prescribe other matters for the purposes of that Act.
These Regulations are made under section 40 of the Terrorism (Community Protection) Act 2003.
These Regulations come into operation on 24 October 2018.
In these Regulations—
Reg. 4 defs of double-sealed envelope, hand delivery revoked by S.R. No. 120/2024 reg. 6(1).
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Reg. 4 def. of the Act amended by S.R. No. 120/2024 reg. 6(2).
the Act means the Terrorism (Community Protection) Act 2003.
Reg. 4 defs of unique identifying number, written receipt revoked by S.R. No. 120/2024 reg. 6(1).
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Pt 2 (Heading and regs 5–9) revoked by S.R. No. 120/2024 reg. 7.
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Part 3—Search and seizure requirements
A police officer who conducts a search of a person under section 13AQ or 13T of the Act must do so in one or more of the following ways—
passing a metal detector or any other system or device designed to assist in the detection of metal objects over or in close proximity to the person's outer clothing;
running the police officer's hands over the person's outer clothing;
requesting the person to remove outer clothing so that the police officer may—
pass a metal detector or any other system or device designed to assist in the detection of metal objects over or in close proximity to the person's clothing that was immediately under the outer clothing; or
run the police officer's hands over the person's clothing that was immediately under the outer clothing; or
examine the outer clothing.
Before conducting a search of a person under section 13AQ or 13T of the Act, the police officer who is to conduct the search must, if reasonably practicable, ask the person who is to be searched if they have in their possession any item that—
would present a danger to a person; or
could be used to assist a person to escape from lawful custody; or
could be used to contact another person or to operate a device remotely; or
is evidence of, or relates to, a terrorist act.
A search under section 13AQ or 13T of the Act must—
if reasonably practicable, be conducted by a police officer who is of the same gender as the gender identified by the person to be searched; and
not be conducted by more police officers than are reasonably necessary to ensure the safety of the police officers and the person to be searched.
For the purposes of sections 13AQ and 13T of the Act, a police officer carrying out a search must deal with an item seized in accordance with this regulation.
If the item may be required as evidence of an offence, the police officer in charge of the place of detention must direct that the item be retained.
If subregulation (2) does not apply, the police officer in charge of the place of detention must direct that the item be—
returned to the owner of the item if reasonably practicable in the circumstances and the police officer in charge forms the reasonable belief that the person from whom the item was seized is not entitled at law to possess it; or
stored as part of the property of the detained person from whom the item was seized.
The Chief Commissioner must maintain a register of items seized under sections 13AQ and 13T of the Act.
If an item is seized during a search under section 13AQ or 13T of the Act, the Chief Commissioner must ensure that the following information is entered in the register maintained under subregulation (1)—
the name of the person from whom the item was seized (if known);
the date and time of the seizure;
a description of the item seized;
details of the discovery of the item;
the name and signature of the police officer who seized the item;
details of the manner in which the item was dealt with.
Pt 4 (Heading and reg. 13) inserted by S.R. No. 91/2022 reg. 3.
Part 4—Countering Violent Extremism Multi-Agency Panel
Reg. 13 inserted by S.R. No. 91/2022 reg. 3.
The following Departments are prescribed Departments for the purposes of section 22AU(3)(b) and (4)(b) of the Act—
Department of Education and Training;
Department of Families, Fairness and Housing;
Department of Health;
Department of Jobs, Precincts and Regions.
Note
If the name of a particular Department is changed under the Public Administration Act 2004, the reference to that Department in these Regulations is, from the date when the name is changed and so far as it relates to any period on or after that date, to be taken to be a reference to the Department by its new name—see section 38AAA of the Interpretation of Legislation Act 1984.
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