Terrorism (Community Protection) Amendment Act 2015

Authorised by the Chief Parliamentary Counsel Authorised Version i Terrorism (Community Protection) Amendment Act 2015 No. 70 of 2015 TABLE OF PROVISIONS Section Page 1 Purpose 1 2 Commencement 2 3 Principal Act 2 4 Definitions—Part 1 2 5 What does a warrant authorise? 2 6 Annual reports 3 7 Nature of preventative detention order 3 8 Application by police for revocation or variation of preventative detention order or prohibited contact order 3 9 Release of person from preventative detention 3 10 Arrangement for detainee to be held in prison 4 11 Repeal of section 13ZV 4 12 Definitions—Part 3A 4 13 Annual report 4 14 Review 5 15 Expiry 5 16 Repeal of amending Act 5 ═══════════════ Endnotes 6 1 General information 6 -- 1 of 7 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 Terrorism (Community Protection) Amendment Act 2015† No. 70 of 2015 [Assented to 15 December 2015] The Parliament of Victoria enacts: 1 Purpose The purpose of this Act is to amend the Terrorism (Community Protection) Act 2003— (a) to provide for the remote entry of premises to access electronic equipment for the purposes of covert search warrants; and (b) to extend the operation of preventative detention orders and prohibited contact orders; and Victoria -- 2 of 7 -- Terrorism (Community Protection) Amendment Act 2015 No. 70 of 2015 2 Authorised by the Chief Parliamentary Counsel (c) to make various other amendments relating to preventative detention orders to improve the operation of the Act. 2 Commencement This Act comes into operation on the day after the day on which it receives the Royal Assent. 3 Principal Act In this Act, the Terrorism (Community Protection) Act 2003 is called the Principal Act. 4 Definitions—Part 1 (1) In section 3 of the Principal Act, in the definition of thing, for "material." substitute "material;". (2) In section 3 of the Principal Act insert the following definitions— "remote entry, in relation to a covert search warrant under Part 2, means accessing electronic equipment on premises named or described in the warrant from a location other than those premises; vehicle includes a vessel and an aircraft; Victoria Police has the same meaning as in the Victoria Police Act 2013.". 5 What does a warrant authorise? (1) In section 9(1)(a) of the Principal Act, for "(f) or" substitute "(f), (fa) or". (2) In section 9(1)(f) of the Principal Act, for "from that" substitute "held in, or accessible from, that". -- 3 of 7 -- Terrorism (Community Protection) Amendment Act 2015 No. 70 of 2015 3 Authorised by the Chief Parliamentary Counsel (3) After section 9(1)(f) of the Principal Act insert— "(fa) to operate, by way of remote entry, any electronic equipment that is on the premises and copy, print or otherwise record information held in, or accessible from, that equipment; and". 6 Annual reports (1) In section 13(1)(g) of the Principal Act, after "operated" insert "other than by way of remote entry". (2) After section 13(1)(g) of the Principal Act insert— "(ga) the number of occasions on which electronic equipment was operated by way of remote entry; and". 7 Nature of preventative detention order In section 13F(4)(a) of the Principal Act, for "made" substitute "made or, if the name of the person is uncertain, any name or names by which the person is known to Victoria Police". 8 Application by police for revocation or variation of preventative detention order or prohibited contact order (1) In section 13O(2)(b) of the Principal Act, for "be varied" substitute "be revoked or varied". (2) In section 13O(2) of the Principal Act, for "a variation" substitute "the revocation or variation". 9 Release of person from preventative detention After section 13V(1) of the Principal Act insert— "(1A) The police officer who is detaining a person under a preventative detention order must, without delay, release the person from -- 4 of 7 -- Terrorism (Community Protection) Amendment Act 2015 No. 70 of 2015 4 Authorised by the Chief Parliamentary Counsel detention under the order or arrange for the person's release from detention under the order if the police officer is satisfied that the grounds on which the order was made have ceased to exist. Note The police officer must also apply for the revocation of the order to the Supreme Court: see section 13O(1).". 10 Arrangement for detainee to be held in prison (1) In section 13W(5)(c) of the Principal Act, for "Divisions 4 and 5" substitute "Divisions 4 and 5, subject to subsection (5A)". (2) After section 13W(5) of the Principal Act insert— "(5A) Section 13ZB does not apply to the police officer referred to in subsection (5)(c) in respect of the person being detained at the prison to the extent that the police officer cannot reasonably perform any obligation under that section.". 11 Repeal of section 13ZV Section 13ZV of the Principal Act is repealed. 12 Definitions—Part 3A (1) In section 21A(1) of the Principal Act, in the definition of target, for "powers;" substitute "powers.". (2) In section 21A(1) of the Principal Act, the definition of vehicle is repealed. 13 Annual report (1) In section 21M(1) of the Principal Act, for "Premier" substitute "Attorney-General". (2) In section 21M(3) of the Principal Act, for "Premier" substitute "Attorney-General". -- 5 of 7 -- Terrorism (Community Protection) Amendment Act 2015 No. 70 of 2015 5 Authorised by the Chief Parliamentary Counsel 14 Review (1) In section 38(1) of the Principal Act, for "31 December 2014" substitute "31 December 2020". (2) In section 38(2) of the Principal Act, for "31 December 2014" substitute "31 December 2020". 15 Expiry In section 41 of the Principal Act, for "1 December 2016" substitute "1 December 2021". 16 Repeal of amending Act This Act is repealed on the first anniversary of its commencement. Note The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984). ═══════════════ -- 6 of 7 -- Endnotes Terrorism (Community Protection) Amendment Act 2015 No. 70 of 2015 6 Authorised by the Chief Parliamentary Counsel Endnotes 1 General information See www.legislation.vic.gov.au for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information. † Minister's second reading speech— Legislative Assembly: 21 October 2015 Legislative Council: 12 November 2015 The long title for the Bill for this Act was "A Bill for an Act to amend the Terrorism (Community Protection) Act 2003 to provide for the remote entry of premises for the purposes of covert search warrants, to extend the operation of preventative detention orders and prohibited contact orders and for other purposes." -- 7 of 7 --