Victorian police could be able to remotely add, delete and copy data in a computer if they think it could prevent a terrorist act.
This capability is among a range of new powers tabled in state Parliament on Tuesday aimed at boosting the ability of law enforcement to investigate suspected terrorists.
Tweaks to covert search laws were among 13 recommendations in the review of counter-terrorism legislation that was led by former County Court judge David Jones, retired Lieutenant-General Mark Evans and former Victoria Police deputy commissioner Kieran Walshe.
The government supported 12 of the 13 proposals, including the amendment of the Terrorism (Community Protection) Act of 2003 to clearly allow police to remotely access data on a target’s computers.
The provision should allow the Supreme Court to issue a search warrant to police to collect data that would “substantially assist” in preventing a terrorist act, the report stated.
Other recommendations included:
Enabling preventative detention orders to be sought during an imminent threat rather than being limited to threats expected within a 14-day period.
Clearly stating that covert search warrants can authorise search of vehicles, vessels and aircraft.
Amending the definition of a terrorist act to be more consistent with the Commonwealth.
“The report identifies several areas where definitions should be clarified and amendments made to ensure authorities have appropriate powers to investigate and, where necessary, detain suspects,” Attorney-General Robert Clark said.
The government did not support the recommendation that the occupier of a target home should be told their property was covertly searched within six months after the secret raid was carried out.
It shared the concern of Victoria Police and the Australian Federal Police that notifying targets could jeopardise ongoing investigations.
The review rejected a Victoria Police submission that investigators, in an emergency, could skip the Supreme Court and apply to a senior police officer to tap phones or remotely access computers.
“Prior authorisation from the Supreme Court for the use of a power as intrusive as a covert search warrant power is a necessary and justifiable safeguard,” the report responded.
Currently in emergencies, police can apply to the Supreme Court over the phone for a covert search warrant. In urgent circumstances in joint operations, the AFP has the power to search premises without a warrant or judicial authority.
Victoria Police revealed in its submission that it had applied for six covert search warrants in 2012-13, but none were executed.
