Terrorism (Community Protection) (Further Amendment) Act 2006

Terrorism (Community Protection) (Further Amendment) Act 2006

Act No. 30/2006

table of provisions

SectionPage

Part 1—Preliminary

1.Purposes

2.Commencement

3.Principal Act

Part 2—Amendments to the Terrorism (Community Protection) Act 2003

4.Definitions

5.New section 4B inserted

4B.Providing documents or information facilitating terroristacts

6.Preventative detention orders

7.Authorisation

8.What is authorised?

9.New section 18A inserted

18A.Requests for communication and medical treatment by persons detained

10.Reporting about prescribed chemical or other substance

11.Declared essential services

12.Risk management plans

13.Training exercises

14.Offence not to comply with directions

15.Operation of Act

16.Regulations

17.Statute law revision

Part 3—Amendment of Other Acts

18.New section 10AA inserted in Public Records Act 1973

10AA.Certain records may be withheld from public inspection

19.Freedom of Information Act 1982—deletion of irrelevant material

20.Freedom of Information Act 1982—new section 6A inserted

6A.Relationship with other laws

21.Freedom of Information Act 1982—new section 27A inserted

27A.Interpretation

22.Freedom of Information Act 1982—exempt documents

23.Consequential amendment of Freedom of Information
Act 1982

═══════════════

EndnoteS

SectionPage

Victoria

No. 30 of 2006

SectionPage

Terrorism (Community Protection) (Further Amendment) Act 2006[†]

[Assented to 6 June 2006]

Act No. 30/2006

Terrorism (Community Protection) (Further Amendment) Act 2006

Act No. 30/2006

Terrorism (Community Protection) (Further Amendment) Act 2006

The Parliament of Victoriaenacts as follows:

Part 3—Amendment of Other Acts

Terrorism (Community Protection) (Further Amendment) Act 2006

Act No. 30/2006

Part 1—Preliminary

1.Purposes

The main purposes of this Act are—

(a)to make miscellaneous amendments to the Terrorism (Community Protection) Act 2003;

(b)to amend the Public Records Act 1973 to provide for certain records to be withheld from public inspection;

2.Commencement

s. 2

This Act comes into operation on the day after the day on which it receives the Royal Assent.

3.Principal Act

See:
Act No.
7/2003. Reprint No. 1 as at 9 March 2006.
LawToday:

dpc.vic.
gov.au

In this Act, the Terrorism (Community Protection) Act 2003 is called the Principal Act.

______

Part 2—Amendments to the Terrorism (Community Protection) Act 2003

4.Definitions

s. 4

(1)In section 3 of the Principal Act—

(a)for the definition of "Assistant Commissioner" substitute—

' "Assistant Commissioner" means an Assistant Commissioner of Police for Victoria;';

(b)for the definition of "Chief Commissioner" substitute—

' "Chief Commissioner" means the Chief Commissioner of Police for Victoria;';

(c)for the definition of "Deputy Commissioner" substitute—

' "Deputy Commissioner" means a Deputy Commissioner of Police for Victoria;'.

(2)In section 4(2)(f) of the Principal Act—

(a)in sub-paragraph (iv) after "services" insert "by any entity (whether publicly or privately owned)";

(b)in sub-paragraph (v) after "utility" insert "(whether publicly or privately owned)".

(3)The note at the foot of section 4 of the Principal Act is repealed.

5.New section 4B inserted

s. 5

After section 4A of the Principal Act insert—

"4B. Providing documents or information facilitating terrorist acts

(1)A person commits an offence if—

(a)the person has possession or control of a document or information; and

(b)the person intentionally provides the document or information to another person; and

(c)the person does so with the intention of facilitating preparation for, the engagement of a person in or assistance in a terrorist act.

Penalty:Level 5 imprisonment (10years maximum).

(2) A person commits an offence under sub-section (1) even if the terrorist act does not occur.

(3) If—

(a)an act or omission by a person is both an offence against sub-section (1) and an offence against Part 5.3 of the Criminal Code of the Commonwealth; and

(b)the person has been punished for the offence under that Part—

the person is not liable to be punished for the offence against sub-section(1).".

6.Preventative detention orders

s. 6

(1) After section 13D(6) of the Principal Act insert—

"(7)The applicant must give notice of the application to the Secretary to the Department of Human Services if the person in relation to whom a preventative detention order is being sought is under 18 years of age.

(8)The validity of an application is not affected by a failure to comply with sub-section (7).".

(2)In section 13F(8) of the Principal Act, after "Supreme Court" insert ", having considered any evidence given or submissions made by or on behalf of the Secretary to the Department of Human Services,".

7.Authorisation

In section 16(1)(b) of the Principal Act, after "area," (where secondly occurring) insert
"will be, or".

8.What is authorised?

(1) After section 18(1)(c) of the Principal Act insert—

"(ca)dispose of, destroy or seize—

(i)any source of contamination or possible contamination; or

(ii)any thing contaminated; and".

(2) In section 18(1)(d) of the Principal Act, for "agency." substitute "agency; and".

(3) After section 18(1)(d) of the Principal Act insert—

"(e)subject to sub-sections (4) and (5), enter a place in the danger area suspected of exposure to contamination without the consent of the occupier of that place andexercise a power referred to in paragraph (a), (b), (c), (ca) or (d), or sub-section (3),at that place.".

(4) For section 18(4) of the Principal Act substitute—

"(4) Subject to sub-section (5), an authorised member of the forcemust not enter a place referred to in sub-section (1)(e) that is used only for residential purposes without the consent of the occupier of that place.

s. 8

(5) An authorised member of the force may enter a place used only for residential purposes in the danger area suspected of exposure to contamination without the consent of the occupier of that place if the authorised member of the force believes on reasonable grounds that immediate entry to that place is necessary to—

(a)ensure the safety of any person; or

(b)prevent or limit the spread of contamination caused by the terrorist act or suspected terrorist act.

(6)If, under an authorisation under this Part, an authorised member of the force is authorised to exercise a power referred to in sub-section(1)(b), (c), (ca), (d) or (e), that member may exercise that power with any assistance from any other person that that member considers reasonably necessary.

(7) A person must not refuse or fail to comply with a direction under sub-section (1)(b) or(d) unless the person has a reasonable excuse.

Penalty:Level 9 fine (60penalty units maximum).

(8) A person must not hinder, obstruct or delay a member of the force authorised under this Part in the exercise of a power referred to sub-section (1) or (3).

Penalty:In the case of a natural person, level 9 fine (60penalty units maximum);

In the case of a body corporate, 300penalty units.".

9.New section 18A inserted

s. 9

After section 18 of the Principal Act insert—

"18A. Requests for communication and medical treatment by persons detained

A member of the force must facilitate any reasonable request for communication or medical treatment made by a person detained under an authorisation under this Part.".

10.Reporting about prescribed chemical or other substance

(1)In section 22(1) of the Principal Act—

(a)after "theft or" (where first occurring) insert "unexplained";

(b)omit "prescribed" (where first occurring).

(2)For section 22(2) and (3) of the Principal Act substitute—

'(2) In this section "unexplained loss", in relation to a prescribed chemical or other prescribed substance, means any loss the cause of which cannot be explained by product density changes, spillage, calibration variances or the effects of humidity or other like things.'.

11. Declared essential services

(1)In section 28(1) of the Principal Act, omit "published in the Government Gazette".

(2)After section 28(3) of the Principal Act insert—

"(4)An essential service or part of an essential service is only a declared essential service for the purposes of this Part if the relevant Minister has provided the operator of the essential service with a copy of the Order under sub-section (1) relating to that essential service.

(5)The relevant Minister must cause a copy of any Order under sub-section (1) to be given to the Chief Commissioner of Police.

(6)A failure to comply with sub-section (5) in relation to an Order does not affect the validity, operation or effect of the Order.".

12. Risk management plans

s. 11

(1)In section 29(2) of the Principal Act, after "operator" insert "and must comply with any prescribed standard".

(2)After section 34(a) of the Principal Act insert—

"(ab)the risk management plan complies with any prescribed standard;".

13. Training exercises

s. 13

(1) In section 33(1)(b) of the Principal Act,after "Chief Commissioner"insert"and the relevant Minister".

(2) After section 33(1) of the Principal Act insert—

"(1A) The training exercise must comply with any prescribed standard.".

(3) For section 33(2) of the Principal Actsubstitute—

"(2)The training exercise mustbe—

(a)prepared in consultation with the relevant Minister; and

(b) conducted at a time and place, and in the manner, determined by the relevant Minister.

(3) In determining the time and place for the conduct of the training exercise, and the manner in which the training exercise must be conducted, the relevant Minister must consult with the Chief Commissioner and the operator.

(4) Any member of the force who supervises the conduct of a training exercise on behalf of the Chief Commissioner must report in writing on the adequacy of the exercise to the Chief Commissioner and the relevant Minister.

(5) The member of the force referred to in sub-section (4) mustconsult with the relevant Minister as to the form and content of any report prepared for the purposes of that sub-section.".

14. Offence not to comply with directions

s. 14

At the end of section 36 of the Principal Act insert—

"(2)The operator of a declared essential service who is directed under sub-section (1) to comply with a specified provision of this Act must not, without reasonable excuse, fail to comply with the direction within the time specified in the direction.

Penalty:In the case of a natural person, level 6 fine (600penalty units maximum);

In the case of a body corporate, level 2 fine (3000penalty units maximum).

(3)The fact that the operator of a declared service is charged with, or found guilty or convicted of, an offence against sub-section(2) does not prevent the making or determination of an application under section37(1) or affect in any way any order made under section 37(2).".

15. Operation of Act

In section 39 of the Principal Act, after "1999"insert ", the Radiation Act 2005".

16. Regulations

After section 40(2)of the Principal Act insert—

"(3)Regulations made under this Act may be made—

(a)so as to apply—

(i)at all times or at a specified time; or

(ii)throughout the whole of the State or in a specified part of the State;

(b)so as to require a matter affected by the regulations to be—

(i)in accordance with a specified standard or specified requirement; or

(ii)approved by or to the satisfaction of a prescribed person;

(c)so as to confer a discretionary authority on a prescribed person;

(d)so as to provide, in a specified case or class of case, for the exemption of persons or things or a class of persons or things from any of the provisions of the regulations, whether unconditionally or on specified conditions and either wholly or to the extent specified.".

17. Statute law revision

s. 17

(1)In section 13W(9) of the Principal Act, after
"his or" insert "her".

(2)In the Note at the foot of section 13X(2)(f) of the Principal Act, for "13ZV" substitute "13ZU".

______

Part 3—Amendment of Other Acts

See:
Act No.
8418.
Reprint No. 3
as at
26 March 1998
and amending
Act Nos
46/1998 and 108/2004.
LawToday:

dpc.vic.
gov.au

18. New section 10AA inserted in Public Records Act 1973

s. 18

After section 10 of the Public Records Act 1973 insert—

"10AA.Certain records may be withheld from public inspection

(1)This section applies to any record the disclosure of which would, or could reasonably be expected to—

(a)cause damage to the security of the Commonwealth or any State or Territory; or

(b)cause damage to the defence of the Commonwealth; or

(c)cause damage to the international relations of the Commonwealth; or

(d)endanger the security of any premises within the meaning of the Terrorism (Community Protection) Act 2003.

(2)The Minister or the Keeper of Public Records may, by notice published in the Government Gazette, declare that a specified record or class of record to which this section applies transferred or to be transferred to the Public Record Office is,on and from the specified date, to cease to be, or is not to be, available for public inspection either indefinitely or for the specified period.

(3)The Minister or the Keeper (as the case requires) may, by instrument, permit (on any conditions or restrictions specified in the instrument) all or any of the records covered by this section to be available for inspection by any person or class of person specified in the instrument.

(4) A person permitted to inspect a record in accordance with sub-section (3) must not contravene any condition or restriction applicable to that inspection.

Penalty:5 penalty units.

(5) The Minister may only exercise a power conferred by this section after consultation with the Minister responsible for the administration of the public office from which the record was, or is to be, transferred or, if the case so requires, for the time being exercising the functions to which the record relates.".

See:
Act No.
9859.
Reprint No. 6
as at
12 December 2005
and amending
Act No.
97/2005.
LawToday:

dpc.vic.
gov.au

19. Freedom of Information Act 1982—deletion of irrelevant material

s. 19

(1)In the definition of "document" in section 5(1) of the Freedom of Information Act 1982—

(a)at the end of paragraphs (a), (b), (c) and (d) insert "and";

(b) in paragraph (f) for "them—" substitute "them; and";

(c)after paragraph (f) insert—

"(g)any copy, reproduction or duplicate of any thing referred to in paragraphs (a) to (f); and

(h)any part of a copy, reproduction or duplicate referred to in paragraph
(g)—".

(2) Insert the following heading to section 25 of the Freedom of Information Act 1982—

"Deletion of exempt matter or irrelevant material".

(3) In section 25 of the Freedom of Information Act 1982—

(a)in paragraph (a) after "exempt document" insert "or that to grant the request would disclose information that would reasonably be regarded as irrelevant to the request";

(b)in paragraph (b) after "exempt document" insert "or a document that would not disclose such information (as the case requires)".

(4) In section 27(1)(c) of the Freedom of Information Act 1982, after "exempt" insert "or irrelevant".

20.Freedom of Information Act 1982—new section 6A inserted

s. 20

After section 6 of the Freedom of Information Act 1982 insert—

"6A.Relationship with other laws

(1)This Act does not affect the operation of any other Act or law (including, but not limited to, the Public Records Act 1973, the Information Privacy Act 2000 and the Health Records Act 2001)—

(a)that requires information concerning documents of an agency or official documents of a Minister to be made available to the public; or

(b)that enables a person to obtain access to a document of an agency or an official document of a Minister.

(2)Nothing in this section limits or affects section 15 or 16.

Note:Section 10A of the Public Records Act 1973 provides that nothing in that Act prevents a person from giving access to records otherwise than in accordance with that Act where the person can properly do so or is required by law to do so. Seealso sections 6 and 12 of the Information Privacy Act 2000 and sections 7 and 16 of the Health Records Act 2001.".

21.Freedom of Information Act 1982—new section 27A inserted

s. 21

In Part IV of the Freedom of Information Act 1982, before section 28 insert—

"27A.Interpretation

A provision of this Part by virtue of which documents referred to in it are exempt documents—

(a)is not to be construed as limited in its scope or operation in any way by any other provision of this Part by virtue of which documents are exempt documents; and

(b)is not to be construed as not applying to a particular document by reason that another provision of this Part of a kind mentioned in paragraph (a) also applies to that document.".

22. Freedom of Information Act 1982—exempt documents

s. 22

(1) In section 28(4) of the Freedom of Information Act 1982—

(a)after "request" insert "is or";

(b) for ", if such a document exists, it is an exempt document" substitute "the document is or would, if it existed, be an exempt document".

(2) After section 29A(1) of the Freedom of Information Act 1982 insert—

"(1A) Without limiting sub-section (1), a document is an exempt document if it is a document created (whether before or after the commencement of section 22 of the Terrorism (Community Protection) (Further Amendment) Act 2006) by the Counter Terrorism Coordination and Emergency Management Department of the police force of Victoria.

(1B) Without limiting sub-section (1), a document is an exempt document if—

(a)its disclosure would, or could reasonably be expected to, endanger the security of any premises within the meaning of the Terrorism (Community Protection) Act 2003; or

(b) it is a risk management plan prepared under section 29 of the Terrorism (Community Protection) Act 2003; or

(c) it is a document containing, or containing a general outline of, a training exercise prepared under section33 of the Terrorism (Community Protection) Act 2003; or

(d) it is a document that is or contains a report or advice on the adequacy of a plan referred to in paragraph (b) or of a document or exercise referred to in paragraph (c) or may otherwise disclose details of any such plan or exercise—

whether the document is created before or after the commencement of section 22 of the Terrorism (Community Protection) (Further Amendment) Act 2006.".

s. 22

(3) In section 29A(2) of the Freedom of Information Act 1982—

(a)after "request" insert "is or";

(b)after "sub-section (1)" insert "or (1B) or in sub-section (1A)";

(c)for ", if such a document exists, it is an exempt document" substitute "the document is or would, if it existed, be an exempt document".

(4) In section 29A(3) of the Freedom of Information Act 1982, after "(1)" insert ", (1A) or (1B)".

(5) In section 31(3) of the Freedom of Information Act 1982, after "Bureau of Criminal Intelligence" insert "or (whether before or after the commencement of section 22 of the Terrorism (Community Protection) (Further Amendment) Act 2006) by the Intelligence and Covert Support Department of the police force of Victoria".

23. Consequential amendment of Freedom of Information Act 1982

s. 23

(1)In section 15(3) of the Freedom of Information Act 1982, after "section 10" insert ", section 10AA".

(2)Section 15(4) of the Freedom of Information Act 1982 is repealed.

═══════════════

Terrorism (Community Protection) (Further Amendment) Act 2006

Act No. 30/2006

EndnoteS

Endnotes

[†] Minister's second reading speech—

Legislative Assembly: 6 April 2006

Legislative Council: 30 May 2006

The long title for the Bill for this Act was "to make miscellaneous amendments to the Terrorism (Community Protection) Act 2003, to amend the Public Records Act 1973 to provide for certain records to be withheld from public inspection, to amend the Freedom of Information Act 1982 to provide for certain documents to be exempt documents under that Act and for other purposes."