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Crimes Legislation Amendment (Public Order)
Act 2017
No. of 2017
TABLE OF PROVISIONS
Clause Page
Part 1--Preliminary 1
1 Purposes 1
2 Commencement 2
Part 2--Amendment of the Summary Offences Act 1966 3
3 New Division 1B of Part I of the Summary Offences Act 1966
inserted 3
Part 3--Amendment of the Control of Weapons Act 1990 5
4 Heading to section 10D amended 5
5 Section 10E amended 5
6 New sections 10KA and 10KB inserted 5
7 Offence to obstruct or hinder search or other powers of fail to
comply with direction 7
Part 4--Offences against public order 8
Division 1--Amendment of the Crimes Act 1958 8
8 New Division 2C of Part I inserted in the Crimes Act 1958 8
Division 2--Consequential amendments 11
9 Corrections Act 1986--Schedule 3--Violent offences 11
10 Crimes Act 1958--Maximum term of imprisonment for certain
common law offences 11
11 Serious Sex Offenders (Detention and Supervision) Act 2009--
Schedule 1A--Violent offences 11
12 Victoria Police Act 2013--Schedule 4--Reportable offences 12
Part 5--Repeal 13
13 Repeal of amending Act 13
═══════════════
Endnotes 14
1 General information 14
i
Crimes Legislation Amendment (Public
Order) Act 2017
No. of 2017
[Assented to ]
The Parliament of Victoria enacts:
Part 1--Preliminary
1 Purposes
The main purposes of this Act are--
(a) to amend the Summary Offences Act 1966
to require Councils to consult with Victoria
Police before issuing a permit relating to a
public protest; and
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Crimes Legislation Amendment (Public Order) Act 2017
No. of 2017
Part 1--Preliminary
(b) to amend the Control of Weapons Act 1990
to provide police officers with the power
within a designated area to direct a person
to leave the area in specified circumstances;
and
(c) to amend the Crimes Act 1958 to abolish
the common law offences of affray, rout and
riot and to create new statutory offences of
affray and violent disorder; and
(d) to make consequential amendments to the
Crimes Act 1958 and other Acts.
2 Commencement
(1) Subject to subsection (2), this Act comes into
operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into
operation before 1 February 2018, it comes into
operation on that day.
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Crimes Legislation Amendment (Public Order) Act 2017
No. of 2017
Part 2--Amendment of the Summary Offences Act 1966
Part 2--Amendment of the Summary
Offences Act 1966
3 New Division 1B of Part I of the Summary Offences
Act 1966 inserted
After Division 1A of Part I of the Summary
Offences Act 1966 insert--
"Division 1B--Councils to consult
with Victoria Police
6A Consultation with Victoria Police before
issuing permit to facilitate public protest
(1) A Council must consult with Victoria Police
before granting an application for a permit
for the use of council land, a road closure or
anything else that the Council believes will
facilitate a public protest being held by the
applicant.
(2) The Minister responsible for the
administration of the Victoria Police
Act 2013 may publish in the Government
Gazette guidelines relating to--
(a) how and when consultation with
Victoria Police is to be conducted;
and
(b) the permits or types of permits in
relation to which a Council is not
required to consult with Victoria
Police under this section.
(3) Any decision of a Council to issue or not
issue a permit is not invalid merely because
the Council has not complied with this
section.
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Crimes Legislation Amendment (Public Order) Act 2017
No. of 2017
Part 2--Amendment of the Summary Offences Act 1966
(4) In this section--
Council has the same meaning as
in section 3(1) of the Local
Government Act 1989;
public protest means an event held to
advance, publicise or promote a
political, ideological or industrial
cause.".
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Crimes Legislation Amendment (Public Order) Act 2017
No. of 2017
Part 3--Amendment of the Control of Weapons Act 1990
Part 3--Amendment of the Control
of Weapons Act 1990
4 Heading to section 10D amended
In the heading to section 10D of the Control of
Weapons Act 1990, for "search" substitute "an".
5 Section 10E amended
(1) In the heading to section 10E of the Control of
Weapons Act 1990, for "search" substitute "an".
(2) After section 10E(5) of the Control of Weapons
Act 1990 insert--
"(6) As soon as practicable after making a
declaration under this section, the Chief
Commissioner must ensure that notice of
the declaration is published on a website
maintained by Victoria Police.
(7) The notice must include the information
referred to in section 10D(5) and include
a map of the designated area.".
6 New sections 10KA and 10KB inserted
After section 10K of the Control of Weapons
Act 1990 insert--
"10KA Other powers that may be exercised in
relation to designated area
(1) A police officer may direct a person wearing
a face covering to leave a designated area
if--
(a) the police officer reasonably believes
the person is using the face covering
primarily--
(i) to conceal the person's identity; or
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Crimes Legislation Amendment (Public Order) Act 2017
No. of 2017
Part 3--Amendment of the Control of Weapons Act 1990
(ii) to protect the person from the
effects of crowd-controlling
substances; and
(b) the person refuses to remove the face
covering when requested by the police
officer to do so.
(2) A police officer may direct a person to
leave a designated area if the police officer
reasonably believes the person intends to
engage in conduct that would constitute an
offence under section 195H (affray) or 195I
(violent disorder) of the Crimes Act 1958.
(3) Before, or immediately after, a police
officer gives a direction to a person under
this section, the police officer must advise
the person that a declaration is in force
declaring the relevant area to be a designated
area.
10KB Additional reporting requirements
The Chief Commissioner must provide
to the Minister for inclusion in the annual
report of operations under Part 7 of the
Financial Management Act 1994 a report
containing--
(a) the number of declarations made
under each of sections 10D and 10E
during that financial year; and
(b) for each declaration reported under
paragraph (a), information about
whether a power under section 10KA
was exercised in relation to the
designated area that was the subject of
the declaration.".
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Crimes Legislation Amendment (Public Order) Act 2017
No. of 2017
Part 3--Amendment of the Control of Weapons Act 1990
7 Offence to obstruct or hinder search or other
powers of fail to comply with direction
At the end of section 10L of the Control of
Weapons Act 1990 insert--
"(2) A person must not, without reasonable
excuse, fail to comply with a direction given
by a police officer under section 10KA(1)
or (2).
Penalty: 5 penalty units.".
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Crimes Legislation Amendment (Public Order) Act 2017
No. of 2017
Part 4--Offences against public order
Part 4--Offences against public order
Division 1--Amendment of the Crimes Act 1958
8 New Division 2C of Part I inserted in the Crimes
Act 1958
After Division 2B of Part I of the Crimes
Act 1958 insert--
"Division 2C--Offences against
public order
195G Abolition of certain common law offences
against public order
The offences at common law of affray, rout
and riot are abolished.
195H Affray
(1) A person who uses or threatens unlawful
violence and whose conduct would cause a
person of reasonable firmness present at the
scene to be terrified commits an offence and
is liable to--
(a) level 6 imprisonment (5 years
maximum); or
(b) imprisonment for 7 years if, at the
time of committing the offence, the
person is wearing a face covering
used primarily--
(i) to conceal the person's identity; or
(ii) to protect the person from the
effects of a crowd-controlling
substance.
Example of unlawful violence
Engaging in unlawful fighting with another person.
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Crimes Legislation Amendment (Public Order) Act 2017
No. of 2017
Part 4--Offences against public order
(2) A person is guilty of an offence under
subsection (1) only if the person intends to
use or threaten violence or is reckless as to
whether the person's conduct involves the
use of violence or threatens violence.
(3) For the purposes of subsection (1), a threat
of unlawful violence must involve more than
words alone.
(4) An offence under subsection (1) may be
committed--
(a) in private as well as public places; and
(b) whether or not a person of reasonable
firmness is present at the scene.
(5) For the purpose of subsection (1), if 2 or
more persons use or threaten unlawful
violence--
(a) it is the conduct of them taken together
that must be considered; and
(b) it is immaterial whether or not those
persons use or threaten unlawful
violence simultaneously.
195I Violent disorder
(1) Violent disorder occurs where 6 or more
persons (the participants) who are present
together use or threaten unlawful violence
with a common goal or intention and the
conduct of them, taken together, causes
injury to another person or causes damage to
property.
(2) For the purposes of subsection (1)--
(a) violent disorder may occur in private as
well as public places; and
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Crimes Legislation Amendment (Public Order) Act 2017
No. of 2017
Part 4--Offences against public order
(b) it is immaterial whether or not the
participants use or threaten unlawful
violence simultaneously; and
(c) the common goal or intention may
be inferred from the conduct of the
participants.
(3) A participant in violent disorder commits
an offence and is liable to--
(a) level 5 imprisonment (10 years
maximum); or
(b) level 4 imprisonment (15 years
maximum) if, at the time of
committing the offence, the
participant is wearing a face
covering used primarily--
(i) to conceal the participant's
identity; or
(ii) to protect the participant from
the effects of a crowd-controlling
substance.
(4) A person is guilty of an offence under
subsection (3) only if the person intends to
use or threaten violence or is reckless as to
whether the person's conduct involves the
use of violence or threatens violence.
(5) Subsection (4) does not affect the
determination for the purposes of
subsection (1) of the number of persons
who are engaging in the conduct referred
to in subsection (1).".
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Crimes Legislation Amendment (Public Order) Act 2017
No. of 2017
Part 4--Offences against public order
Division 2--Consequential amendments
9 Corrections Act 1986--Schedule 3--Violent offences
(1) In item 2 of Schedule 3 to the Corrections
Act 1986 omit "affray, riot or".
(2) In item 3 of Schedule 3 to the Corrections
Act 1986, after paragraph (s) insert--
"(sa) section 195H (affray);
(sb) section 195I (violent disorder);".
10 Crimes Act 1958--Maximum term of imprisonment
for certain common law offences
In the Table to section 320 of the Crimes
Act 1958--
(a) omit--
"Affray Level 6 imprisonment
(5 years maximum)";
(b) omit--
"Riot Level 5 imprisonment
(10 years maximum)
Rout Level 6 imprisonment
(5 years maximum)".
11 Serious Sex Offenders (Detention and Supervision)
Act 2009--Schedule 1A--Violent offences
(1) In item 3 of Schedule 1A to the Serious Sex
Offenders (Detention and Supervision)
Act 2009, after paragraph (zc) insert--
"(zca) section 195H (affray);
(zcb) section 195I (violent disorder);".
(2) In item 6 of Schedule 1A to the Serious Sex
Offenders (Detention and Supervision)
Act 2009 omit "affray, riot or".
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Crimes Legislation Amendment (Public Order) Act 2017
No. of 2017
Part 4--Offences against public order
12 Victoria Police Act 2013--Schedule 4--Reportable
offences
(1) After item 2.7 of Schedule 4 to the Victoria
Police Act 2013 insert--
"2.7A Offences against public order
An offence under section 195H or 195I of
the Crimes Act 1958.".
(2) In item 4 of Schedule 4 to the Victoria Police
Act 2013, for paragraph (c) substitute--
"(c) the offence of affray as abolished by
section 195G of the Crimes Act 1958;".
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Crimes Legislation Amendment (Public Order) Act 2017
No. of 2017
Part 5--Repeal
Part 5--Repeal
13 Repeal of amending Act
This Act is repealed on 1 February 2019.
Note
The repeal of this Act does not affect the continuing operation
of the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
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Crimes Legislation Amendment (Public Order) Act 2017
No. of 2017
Endnotes
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current
authorised versions of legislation and up-to-date legislative information.
Minister's second reading speech--
Legislative Assembly:
Legislative Council:
The long title for the Bill for this Act was "A Bill for an Act to amend the
Summary Offences Act 1966, the Control of Weapons Act 1990 and
the Crimes Act 1958 to provide Victoria Police with appropriate powers
to deal with disturbances of public order and for other purposes."
By Authority. Government Printer for the State of Victoria.
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