Victorian Numbered Acts

PUBLIC INTEREST MONITOR ACT 2011 (NO. 72 OF 2011) - SECT 44

See:
Act No.
7/2003.
Reprint No. 2
as at
7 May 2009
and amending
Act Nos
46/2008, 25/2009, 68/2009, 69/2009 and 33/2011.
LawToday:
www.
legislation.
vic.gov.au

After Part 1 of the Terrorism (Community Protection) Act 2003 insert —

" PART 1A—PUBLIC INTEREST MONITOR

        4C     Application of Part 1A

This Part applies if a person is required under this Act to give notice to a Public Interest Monitor of an application for—

        (a)     a covert search warrant; or

        (b)     a preventative detention order; or

        (c)     an extension of a preventative detention order; or

        (d)     a variation or revocation of a preventative detention order; or

        (e)     a prohibited contact order; or

        (f)     a variation or revocation of a prohibited contact order.

        4D     Information to be given to Public Interest Monitor

    (1)     If the application is made in writing, the applicant must give the Public Interest Monitor a copy of the application and any affidavit required to be given to the Supreme Court in support of the application.

    (2)     If the application is to be made by telephone, the applicant must give the Public Interest Monitor the information required to be given to the Supreme Court on a telephone application.

    (3)     An obligation to maintain secrecy in relation to, or that otherwise restricts, the provision of information to the Public Interest Monitor, whether imposed under an Act or by a rule of law, does not apply to the provision of information under this Part.

        4E     Full disclosure to Public Interest Monitor

    (1)     The applicant must fully disclose to the Public Interest Monitor all matters of which the applicant is aware that are adverse to the application.

    (2)     The applicant must not knowingly or recklessly fail to comply with subsection (1).

Penalty:     Level 9 imprisonment (6 months maximum) or a level 9 fine (60 penalty units maximum) or both.

        4F     Role of Public Interest Monitor

    (1)     The Public Interest Monitor is entitled—

        (a)     to appear at the hearing of the application to test the content and sufficiency of the information relied on and the circumstances of the application; and

        (b)     for the purpose of testing the content and sufficiency of the information relied on and the circumstances of the application—

              (i)     to ask questions of any person giving information in relation to the application; and

              (ii)     to make submissions to the Supreme Court about the appropriateness of granting the application.

    (2)     Without limiting subsection (1), the Public Interest Monitor is entitled to make submissions to the Supreme Court in the presence of the judge or by phone, fax, email or any other reasonable way.

    (3)     If a Public Interest Monitor is not reasonably able to be contacted for an application (other than an application for a covert search warrant)—

        (a)     the application may proceed without a Public Interest Monitor being notified; and

        (b)     a Public Interest Monitor must be notified as soon as possible and given any information requested by the Public Interest Monitor that the Public Interest Monitor would have been entitled to obtain for or during the application.

    (4)     As soon as practicable after the application is heard, the Public Interest Monitor must return to the applicant any documents given by the applicant to the Public Interest Monitor under section 4D or 4E or subsection (3) of this section in relation to the applications.

__________________".