Victorian Numbered Acts Victorian Numbered ActsAfter Part 3 of the Principal Act insert —
(1) In this Part—
"authorisation" means an authorisation given under this Part in accordance with Division 2;
"Chief Commissioner" means the Chief Commissioner of Police;
"serious indictable offence" means an indictable offence that is punishable by imprisonment for life or for a term of 5 years or more;
"target" of an authorisation means the person in relation to whom, or the vehicle or kind of vehicle or the area in relation to which, an authorisation authorises the exercise of special powers;
"vehicle" includes a vessel and an aircraft.
(2) For the purposes of this Part—
(a) a person in an area that is the target of an authorisation includes a person who is about to enter the area or who has recently left the area; and
(b) a vehicle in an area that is the target of an authorisation includes a vehicle that is about to enter the area or that has recently left the area.
(3) Despite any provision to the contrary made by or under this or any other Act (including section 6A of the Police Regulation Act 1958 ), a power, discretion, function, authority or duty of the Chief Commissioner under this Part cannot be delegated to any other person.
(4) Nothing in sub-section (3) affects the operation of section 6 of the Police Regulation Act 1958 .
(1) Subject to sub-section (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—
(a) that an event is taking place in Victoria or is likely to take place in Victoria in the near future; and
(b) that the event involves, or is likely to involve, the attendance of prominent persons or of a large number of people; and
(c) on reasonable grounds that the event might be the subject of a terrorist act; and
(d) that the giving of an authorisation targeting—
(i) the area in which the event is taking place or is likely to take place; or
(ii) any other area in which an activity connected with the event is taking place or is likely to take place—
is necessary to assist in protecting any person or persons attending the event from a terrorist act.
(2) An application under sub-section (1) may only be made with the written approval of the Premier.
(3) An application under sub-section (1) must—
(a) be made in writing; and
(b) describe the event in respect of which the application is being made; and
(c) 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
(d) explain why the giving of an authorisation targeting—
(i) the area in which the event is taking place or is likely to take place; or
(ii) any other area in which an activity connected with the event is taking place or is likely to take place—
is necessary to assist in protecting any person or persons attending the event from a terrorist act; and
(e) 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
(f) describe any area sought to be made the target of an authorisation.
(4) The information in the application must be sworn by the Chief Commissioner.
Note: The information may be affirmed instead of sworn—see the definition of "sworn" in section 38 of the Interpretation of Legislation Act 1984 .
(5) The Supreme Court may require the Chief Commissioner to provide any additional information that the Court requires in relation to the application.
(6) 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.
(7) An authorisation must—
(a) state that it is given under this Part; and
(b) describe the general nature of the event to which it applies; and
(c) describe any area targeted by the authorisation; and
(d) specify which of the special powers under Division 3 may be exercised; and
(e) specify the date on which and time at which it begins to have effect; and
(f) 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.
Note: The period for which an authorisation has effect may be extended, or further extended, under section 21C.
(8) If, on an application under sub-section (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.
(9) 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.
(10) On finally determining an application following the making of an interim order, the Supreme Court may—
(a) confirm the order without variation or vary—
(i) the description of any area targeted by the authorisation; or
(ii) the special powers that may be exercised; or
(iii) the time or date when the order ceases to have effect; or
(b) revoke the order if not satisfied as mentioned in sub-section (6).
(1) If—
(a) an authorisation is given by the Supreme Court under section 21B; and
(b) the authorisation has effect—
the Chief Commissioner, with the written approval of the Premier, may apply to the Supreme Court for an extension, or a further extension, of the period for which the authorisation has effect.
(2) The application must—
(a) be made in writing; and
(b) set out the facts and other grounds on which the Chief Commissioner considers that the extension, or further extension, is reasonably necessary to ensure the achievement of the objective of the authorisation.
(3) The information in the application must be sworn by the Chief Commissioner.
Note: The information may be affirmed instead of sworn—see the definition of "sworn" in section 38 of the Interpretation of Legislation Act 1984 .
(4) The Supreme Court may, by order, extend, or further extend, the period for which the authorisation has effect if it is satisfied that the extension, or further extension, is reasonably necessary to ensure the achievement of the objective of the authorisation.
(1) An interim authorisation for the exercise of the special powers conferred by this Part may be given by the Chief Commissioner, with the written approval of the Premier, in accordance with this Division if the Chief Commissioner—
(a) is satisfied on reasonable grounds that a terrorist act is occurring or that there is a threat of a terrorist act occurring in the next 14 days; and
(b) is satisfied that the exercise of those powers will substantially assist in—
(i) preventing the terrorist act; or
(ii) reducing the impact of the terrorist act, or of the threat of a terrorist act, on the health or safety of the public or on property.
(2) As soon as practicable after the giving of an interim authorisation, the Chief Commissioner must, if he or she considers that an authorisation should have effect for a period in excess of 24 hours, make an application to the Supreme Court for an authorisation under this section.
(3) Without an interim authorisation having been given, the Chief Commissioner may make an application to the Supreme Court for an authorisation under this section.
(4) An application under sub-section (2) or (3) must—
(a) be made in writing; and
(b) set out the facts and other grounds on which the Chief Commissioner considers that a terrorist act is occurring or that there is a threat of a terrorist act occurring in the next 14 days; and
(c) explain how the exercise of the special powers conferred by this Part will substantially assist in—
(i) preventing the terrorist act; or
(ii) reducing the impact of the terrorist act, or of the threat of a terrorist act, on the health or safety of the public or on property.
(5) The information in an application under sub-section (2) or (3) must be sworn by the Chief Commissioner.
Note: The information may be affirmed instead of sworn—see the definition of "sworn" in section 38 of the Interpretation of Legislation Act 1984 .
(6) The Supreme Court may require the Chief Commissioner to provide any additional information that the Court requires in relation to the application.
(7) On an application under sub-section (2) or (3) the Supreme Court may, by order—
(a) if satisfied, on reasonable grounds, as mentioned in paragraphs (a) and (b) of sub-section (1), give an authorisation for the exercise of the special powers conferred by this Part and revoke any interim authorisation given by the Chief Commissioner that has effect; or
(b) revoke any interim authorisation that has effect if not so satisfied.
(8) The terms of an authorisation given by the Supreme Court may be the same as, or different to, the terms of any interim authorisation given by the Chief Commissioner.
(9) If, on an application under sub-section (3) 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.
(10) 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.
(11) On finally determining an application following the making of an interim order, the Supreme Court may—
(a) confirm the order with or without variation; or
(b) revoke the order if not satisfied as mentioned in sub-section (7)(a).
(1) An interim authorisation for the exercise of the special powers conferred by this Part may be given by the Chief Commissioner, with the written approval of the Premier, in accordance with this Division if the Chief Commissioner—
(a) is satisfied that there are reasonable grounds for believing that a terrorist act has occurred or is occurring; and
(b) is satisfied that the exercise of those powers will substantially assist in—
(i) apprehending the persons responsible for the terrorist act; or
(ii) the investigation of the terrorist act, including the preservation of evidence of, or relating to, the terrorist act; or
(iii) the necessary recovery process for the community in the aftermath of the terrorist act.
(2) As soon as practicable after the giving of an interim authorisation, the Chief Commissioner must, if he or she considers that an authorisation should have effect for a period in excess of 24 hours, make an application to the Supreme Court for an authorisation under this section.
(3) Without an interim authorisation having been given, the Chief Commissioner, with the written approval of the Premier, may make an application to the Supreme Court for an authorisation under this section.
(4) An application under sub-section (2) or (3) must—
(a) be made in writing; and
(b) set out the facts and other grounds on which the Chief Commissioner considers that a terrorist act has occurred, or is occurring; and
(c) explain how the exercise of the special powers conferred by this Part will substantially assist in—
(i) apprehending the persons responsible for the terrorist act; or
(ii) the investigation of the terrorist act, including the preservation of evidence of, or relating to, the terrorist act; or
(iii) the necessary recovery process for the community in the aftermath of the terrorist act.
(5) The information in an application under sub-section (2) or (3) must be sworn by the Chief Commissioner.
Note: The information may be affirmed instead of sworn—see the definition of "sworn" in section 38 of the Interpretation of Legislation Act 1984 .
(6) The Supreme Court may require the Chief Commissioner to provide any additional information that the Court requires in relation to the application.
(7) On an application under sub-section (2) or (3) the Supreme Court may, by order—
(a) if satisfied, on reasonable grounds, as mentioned in paragraphs (a) and (b) of sub-section (1), give an authorisation for the exercise of the special powers conferred by this Part and revoke any interim authorisation given by the Chief Commissioner that has effect; or
(b) revoke any interim authorisation that has effect if not so satisfied.
(8) The terms of an authorisation given by the Supreme Court may be the same as, or different to, the terms of any interim authorisation given by the Chief Commissioner.
(9) If, on an application under sub-section (3) 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.
(10) 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.
(11) On finally determining an application following the making of an interim order, the Supreme Court may—
(a) confirm the order with or without variation; or
(b) revoke the order if not satisfied as mentioned in sub-section (7)(a).
(1) The Governor in Council may, on the recommendation of the relevant Minister made with the approval of the Premier and in accordance with the advice of the Chief Commissioner, by Order published in the Government Gazette give an authorisation for the exercise of special powers conferred by this Part.
(2) The relevant Minister may only recommend the making of an Order under sub-section (1) if satisfied that—
(a) a part of the essential service (and for the purposes of this section a part of the essential service may include a part referred to in section 28(2)) is located in a particular area; and
(b) that part is a key part of the essential service; and
(c) the making of the Order is reasonably necessary—
(i) to protect that part from a terrorist act; or
(ii) to mitigate the effects of a terrorist act on the essential service or on persons in the vicinity of the area; or
(iii) for the recovery of the essential service from a terrorist act.
(3) An Order under sub-section (1) must—
(a) state that the effect of the Order is to give an authorisation under this Part; and
(b) describe the area targeted by the authorisation and name or describe any person or vehicle targeted by it; and
(c) specify which of the special powers under Division 3 may be exercised; and
(d) specify the period or periods during which the authorisation has effect.
(4) In this section—
"relevant Minister" , in relation to an essential service, means the Minister for the time being responsible for the essential service.
(1) Except as otherwise provided by this Part, an authorisation may authorise the exercise of the special powers conferred by this Part in relation to any or all of the following—
(a) a particular person named or described in the authorisation;
(b) a particular vehicle, or a vehicle of a particular kind, described in the authorisation;
(c) a particular area described in the authorisation.
(2) Without limiting sub-section (1)(a), a person may be described by the use of a photograph or drawing.
(1) This section applies to an interim authorisation given by the Chief Commissioner in accordance with this Division.
(2) An authorisation may be given orally or by instrument in writing.
(3) If the authorisation is given orally, it must be confirmed by instrument in writing as soon as it is reasonably practicable to do so and, in any event, before an application is made to the Supreme Court in respect of the matter.
(4) An authorisation must—
(a) state that it is given under this Part; and
(b) describe the general nature of the terrorist act or threatened terrorist act to which it applies; and
(c) name or describe the person, vehicle or area targeted by the authorisation; and
(d) specify the date on which and time at which it begins to have effect; and
(e) specify the date on which and time at which it ceases to have effect.
(1) An authorisation given has effect, unless sooner revoked, during the period beginning when it is given (or at such later time or date as is specified in the authorisation) and ending at the time and on the date specified in the authorisation.
(2) The period an authorisation has effect must not exceed—
(a) in the case of an interim authorisation given by the Chief Commissioner under section 21D or 21E—24 hours; or
(b) in the case of an authorisation given by the Supreme Court under section 21D or 21E— 14 days.
(3) An authorisation given by Order in Council under section 21F has effect during the period or periods specified in it until the end date specified in it, not being a date later than the first anniversary of the date on which it is given.
(4) The Chief Commissioner may at any time revoke an interim authorisation given by him or her.
(5) The cessation of an authorisation (by revocation or otherwise) does not affect anything lawfully done in reliance on the authorisation before it ceased to have effect.
(6) The cessation of an authorisation does not prevent a further authorisation being given.
(1) An interim authorisation or purported interim authorisation given by the Chief Commissioner (and any decision or purported decision of the Premier or the Chief Commissioner with respect to such an interim authorisation or purported interim authorisation) is not liable to be challenged, appealed against, reviewed, quashed or called in question in any court or tribunal on any account or before any person acting judicially within the meaning of the Evidence Act 1958 .
(2) Without limiting sub-section (1), no proceedings—
(a) seeking the grant of any relief or remedy in the nature of certiorari, prohibition, mandamus or quo warranto, or the grant of a declaration or an injunction; or
(b) seeking any order under the Administrative Law Act 1978 (whether on the ground of absence of jurisdiction or any other ground)—
may be brought against the Premier or the Chief Commissioner in respect of an interim authorisation or purported interim authorisation given by the Chief Commissioner or any decision or purported decision of the Premier or the Chief Commissioner with respect to such an interim authorisation or purported interim authorisation.
(1) The special powers conferred by this Part may be exercised by any member of the force or, subject to sub-section (3), by any other person assisting the member in that exercise and acting under the direction and control of the member.
(2) A member of the force may exercise those powers whether or not he or she has been provided with a copy of the authorisation.
(3) A person assisting a member is not authorised to conduct a strip search of a person.
(1) The Chief Commissioner may, for the purposes of facilitating the exercise of the special powers conferred by this Part, give a public entity (within the meaning of the Public Administration Act 2004 ) directions with respect to the exercise of the powers or functions of the agency.
(2) The public entity is authorised and required to comply with the direction.
(1) The Premier must, as soon as practicable after each 30 June, cause to be prepared a report about the operation of this Part during the year ended on that 30 June.
(2) Without limiting sub-section (1), a report relating to a year must include the following matters in relation to each authorisation given under this Part during the year—
(a) the terms of the authorisation and the period during which it had effect;
(b) a summary of the grounds that were relied on for giving the authorisation;
(c) a general description of the powers exercised pursuant to the authorisation and the manner in which they were exercised;
(d) the result of the exercise of those powers.
(3) The Premier must cause a copy of the report to be laid before each House of the Parliament within 15 sitting days of that House after the report is completed.
The special powers under this Division may be exercised for the purposes of an authorisation given under this Part.
Note: Only the special powers specified in an authorisation under section 21B or 21F may be exercised for the purposes of that authorisation.
(1) A member of the force may request a person whose identity is unknown to the member to disclose his or her identity if—
(a) the member suspects on reasonable grounds that the person is the target of an authorisation (or the person is found in the company of the target of the authorisation); or
(b) the person is in or on a vehicle that the member suspects on reasonable grounds is the target of an authorisation; or
(c) the person is in an area that is the target of an authorisation.
(2) A person who is so requested to disclose his or her identity must not, without reasonable excuse, fail or refuse to comply with the request.
Penalty: 50 penalty units or 12 months imprisonment, or both.
(3) A person must not, without reasonable excuse, in response to any such request—
(a) give a name that is false in a material particular; or
(b) give an address other than the person's full and correct address.
Penalty: 50 penalty units or 12 months imprisonment, or both.
(4) A member of the force may request a person who is requested under this section to disclose his or her identity to provide proof of his or her identity.
(5) A member of the force may detain a person for so long as is reasonably necessary for the purposes of this section.
(1) A member of the force may, without a warrant, stop and search a person, and anything in the possession of or under the control of the person, if—
(a) the member suspects on reasonable grounds that the person is the target of an authorisation (or the person is found in the company of the target of the authorisation); or
(b) the person is in or on a vehicle that the member suspects on reasonable grounds is the target of an authorisation; or
(c) the person is in an area that is the target of an authorisation.
(2) In conducting a search of anything in the possession of, or under the control of, a person, a member of the force may—
(a) request the person—
(i) to produce and empty of its contents any bag, basket or other receptacle; or
(ii) to turn out his or her pockets; or
(b) search through any bag, basket or other receptacle; or
(c) search through and move the contents of any bag, basket or other receptacle; or
(d) search through and move the contents of the person's pockets turned out in accordance with paragraph (a)(ii).
(3) Schedule 1 applies to the search of a person conducted under this section.
Note: Schedule 1 provides for the carrying out of ordinary searches, frisk searches and strip searches. A strip search may not be carried out unless the person is suspected of being the target of an authorisation.
(4) A member of the force may detain a person for so long as is reasonably necessary to conduct a search under this section.
(5) A member of the force may direct a person or group of people not to enter or to leave or not to leave an area that is the target of an authorisation.
(1) A member of the force may, without a warrant, stop and search a vehicle, and anything in or on the vehicle, if—
(a) the member suspects on reasonable grounds that the vehicle is the target of an authorisation; or
(b) the member suspects on reasonable grounds that a person in or on the vehicle is the target of an authorisation; or
(c) the vehicle is in an area that is the target of an authorisation.
(2) A member of the force may detain a vehicle for
so long as is reasonably necessary to conduct a search under this section.
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(3) A member of the force may direct the person driving or in charge of a vehicle searched under this section to remove the vehicle from, or keep the vehicle in, an area that is the target of an authorisation.
(1) A member of the force may move or cause to be moved a vehicle which is parked or left standing in an area that is the target of an authorisation if, in the opinion of the member, the vehicle is—
(a) a danger to other vehicles or persons in that area; or
(b) causing or likely to cause traffic congestion in that area; or
(c) hindering the exercise of special powers under this Division in that area.
(2) A member of the force acting in accordance with this section may—
(a) enter a vehicle using, if necessary, reasonable force, for the purpose of conveniently or expeditiously moving it; and
(b) move the vehicle, or cause it to be moved, to the nearest convenient place.
(3) The Chief Commissioner may recover from the owner of a vehicle moved under this section any reasonable costs incurred in moving it.
(4) In this section, "owner" has the same meaning as it has in Part 7 of the Road Safety Act 1986 .
(1) A member of the force may, without a warrant, enter and search any premises if—
(a) the member suspects on reasonable grounds that a person who is the target of an authorisation may be on the premises; or
(b) the member suspects on reasonable grounds that a vehicle that is the target of an authorisation may be on the premises; or
(c) the premises are in an area that is the target of an authorisation.
(2) The member of the force must do as little damage as possible.
(3) A member of the force may direct a person or group of people to leave, or not to leave, any premises entered and searched under this Division.
(1) A member of the force may, for the purposes of stopping and searching under this Division persons, vehicles or premises in a target area, place a cordon around the target area or any part of it.
(2) A cordon may include any form of physical barrier, including a roadblock on any road in or in the vicinity of the target area.
(3) A member of the force may direct a person or group of people not to enter or to leave or not to leave an area around which a cordon is placed.
(1) A member of the force may, in connection with a search under this Division, seize and detain—
(a) all or part of a thing (including a vehicle) that the member suspects on reasonable grounds may be used, or may have been used, to commit a terrorist act; or
(b) all or part of a thing (including a vehicle) that the member suspects on reasonable grounds may provide evidence of the commission of a serious indictable offence (whether or not related to a terrorist act).
(2) A power conferred by this section to seize and detain a thing includes—
(a) a power to remove a thing from the place where it is found; and
(b) a power to guard the thing in or at the place where it is found.
(3) A member of the force who has seized and detained a thing under this section must take reasonable steps to return the thing to the person from whom it was seized if—
(a) that person may lawfully possess the thing; and
(b) the thing is no longer required for investigative or evidentiary purposes in relation to an offence.
(4) A thing seized or detained under this section
that is—
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(a) no longer required for investigative or evidentiary purposes in relation to an offence; and
(b) not required under sub-section (3) to be returned to the person from whom it was seized—
is forfeited to the Crown and may be disposed of in any manner that the Chief Commissioner thinks fit.
It is lawful for a member of the force exercising a power under this Division in relation to a person or a thing, and anyone assisting the member, to use such force as is reasonably necessary to exercise the power.
A person must not, without reasonable excuse—
(a) obstruct or hinder a member of the force in the exercise of a power under this Division to stop and search a person or vehicle, to enter and search premises or to seize and detain a thing; or
(b) fail to comply with a direction given by a member of the force in the exercise of a power under this Division to give that direction.
Penalty: 100 penalty units or imprisonment for 2 years, or both.
(1) A member of the force must, before or at the time of exercising a power under this Division, or as soon as is reasonably practicable after exercising the power, provide the person subject to the exercise of the power with the following if requested to do so—
(a) evidence that he or she is a member of the force (unless the member is in uniform);
(b) the name of the member and his or her place of duty;
(c) the reason for the exercise of the power.
(2) The Chief Commissioner is to arrange for a written statement to be provided, on request made within 12 months after the search, to a person who was searched, or whose vehicle or premises were searched, under this Part stating that the search was conducted in pursuance of this Part.'.