A search warrant issued by a court will still be needed but police will be able to get remote access to computers belonging to the person named in the warrant

This article is more than 4 years old

This article is more than 4 years old

Victorian police will be able to get remote access to the computers of people subject to a search warrant under a bill to amend counter-terrorism laws due to be introduced to state parliament on Tuesday.

The bill seeks to implement six of the recommendations made in a review of legislation tabled in parliament last year, including enabling remote entry into computers.

Police would still need a search warrant, issued by a court, but under the changes they would be able to remotely access the computer of the person subject to the warrant without having to enter the building where the computer is kept.

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The legislation would also allow police to use a person’s alias when applying to detain them under a preventative detention order, to avoid delays when the person’s legal name is not known.

Preventative detention orders allow police to detain someone without arrest or charge for up to 14 days where there is a threat of an imminent terrorist attack and the order might help prevent it or immediately after a terrorist act if it is likely vital evidence would be lost.

The legislative amendments would also make it clear that liability for the welfare of a person held under a preventative detention order lies with the authority responsible for their custody, be it a prison, a juvenile detention centre or state or federal police.

The Victorian attorney-general, Martin Pakula, said the bill was the first stage in further refinement of police counter-terrorism powers.

“The counter-terrorism legislation complements the government’s broader approach to social cohesion and community resilience and underscores the need to work closely with local communities to understand and address violent extremism,” he said.

New laws are also being introduced into NSW parliament on Tuesday to make it harder for people with links to terrorism to be granted bail.

Among the unacceptable risks for bail will be statements or actions advocating support for terrorist acts or violent extremism, an accused person’s association with terrorist organisations, or their association or affiliation with people or groups who support terrorist acts or violent extremism.

“The changes will make it extremely difficult for people to get bail if they are already facing or have been convicted of a terrorism offence, or are subject to a terrorism control order,” the NSW attorney general, Gabrielle Upton, said.

“These people will be refused bail if they are charged with any offence carrying a custodial sentence unless there are exceptional circumstances.”