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Terrorism laws

There are new terrorism laws that give the police powers of arrest and detention. These laws are complicated. They are also different depending on whether you are arrested under Commonwealth or state law.

Stop, search and seizure powers

In Victoria, the police can ask a court to let them do things to stop a terrorist act. The police can:

  • demand your identification
  • stop and search you or your car or house
  • direct you to leave somewhere or stay somewhere
  • take anything connected with a terrorist act.

The police can search your home without your knowledge if they reasonably suspect that a terrorist act will be or has been committed. The police must apply to the Supreme Court for a warrant to carry out the search. The court has to be convinced that terrorism is involved and that the activity is not simply a protest or industrial action. The police must report back to the court within seven days of the search.

See ‘Getting searched' (link below)

The police can also apply for a control order (under Commonwealth law), a preventative detention order or a prohibited contact order.

Control orders

The police can ask a Commonwealth court for a control order if they think:

  • you are training with a listed terrorist organisation
  • the order will stop a terrorist act from happening.

Control orders can stop you from seeing certain people and doing certain things, like leaving Australia or going to a political meeting.

The order can say you have to wear a tracking device and are not allowed to use the internet or a mobile phone.

You may have to:

  • regularly report to someone, such as the police
  • be photographed and fingerprinted
  • have counselling.

The order can last for up to 12 months.

You can contact a lawyer to get a copy of the order. You can apply to the court to stop the order. Get legal advice.

Control orders against young people

A control order cannot be made if you are aged under 16. If you are aged 16 to 18 a control order can only apply for up to three months.

Preventative detention order

The police can ask for this order if they think you are involved in a terrorist act. They can also ask for this order if they think you have something connected with a terrorist act. In both cases, they must believe that the order will stop the terrorist act from happening or will help the police get evidence of the terrorist act.

The terrorist threat must be about to happen (within the next 14 days) or have happened in the last 28 days.

There are two types of preventative detention orders:

  • interim preventative detention order – this means that you can be held by the police for 48 hours
  • continued preventative detention order – this means you can be held for up to 14 days.

A preventative detention order means the police can:

  • take you into custody
  • search you if they reasonably suspect you are carrying a ‘seizable’ item or evidence of a terrorist act – for example, a gun. The police can take anything they find
  • ask for the name and address of any person who can give them information that will allow them to detain you
  • search any place at any time if they reasonably believe you are there
  • use reasonable force to take you into custody.

The police have limited powers to question you, take your fingerprints, video-tape or tape-record you, take a sample of your handwriting or take a photo of you. This law is complicated. If the police want to do one or more of these things, get legal advice.

Right to tell someone what is happening to you

You can contact someone at least once. This could be a person in your family or someone you live with, or your employer, employee or business partner. You can tell them that you are under a detention order and cannot be contacted.

You can also contact a lawyer (unless the lawyer is named in a prohibited contact order). Your meeting with the lawyer will be monitored. You have to speak in English or use an interpreter.

Preventative orders against young people

A preventative detention order cannot be made if you are under 16. If you are aged 16 to 18 special rules apply. Get legal advice.

Prohibited contact order

This order only applies if you are under a preventative detention order. It lists people whom you cannot contact.

Complaints

You can complain about a control order or a preventative detention order. See ‘Complaints about police’ (link below). Get legal advice first.

More information

Complaints about police

Getting searched

Related publications

Your rights: police powers in Victoria

How we can help

Call Victoria Legal Aid’s (VLA) Legal Information Service for free information over the phone about the law and how we can help you with your legal problem. You can speak to a legal information officer in English or ask for an interpreter. Phone (03) 9269 0120 or 1800 677 402 (country callers), Monday to Friday from 8.45 am to 5.15 pm.

VLA’s other free legal services include:

  • advice at VLA offices and other locations across Victoria
  • advice at many correctional facilities, remand and detention centres
  • lawyers who are on ‘duty’ to help at many courts and tribunals.

For some criminal law matters we can provide you with a lawyer to help you run your case.

To find out more about any of our legal services see What we do.

Who else can help?

Your local community legal centre (CLC) can give you legal information and advice. Most CLC services are free. See the Community Law website (new window) for more information and CLC contact details.

Youthlaw is a community legal centre for young people up to the age of 25. Youthlaw can help with:

  • confidential legal advice, information and casework services
  • information about your legal rights and responsibilities.

See the Youthlaw website (new window), call them on (03) 9611 2412 or email info@youthlaw.asn.au.