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Crimes Legislation Amendment (Protection of
Emergency Workers and Others) Act 2017
No. of 2017
TABLE OF PROVISIONS
Clause Page
Part 1--Preliminary 1
1 Purposes 1
2 Commencement 2
Part 2--Offences related to emergency workers and other persons 3
Division 1--Crimes Act 1958 3
Subdivision 1--Offences 3
3 New Division 8A of Part 1 inserted 3
Subdivision 2--Amendments to the Crimes Act 1958 12
4 Heading to Division 8A of Part 1 amended 12
5 Interpretation 12
6 Heading to section 317AC amended 12
7 Intentionally exposing an emergency worker or a custodial
officer to risk by driving 13
8 Heading to section 317AD amended 13
9 Aggravated offence of intentionally exposing an emergency
worker or a custodial officer to risk by driving 13
10 Heading to section 317AE amended 14
11 Recklessly exposing an emergency worker or a custodial officer
to risk by driving 14
12 Heading to section 317AF amended 14
13 Aggravated offence of recklessly exposing an emergency
worker or a custodial officer to risk by driving 14
14 Damaging an emergency service vehicle 15
Division 2--Sentencing Act 1991 15
Subdivision 1--Sentencing provisions related to emergency
workers and other persons offences 15
15 Definitions 15
16 New section 10AE inserted 15
17 Sentences--whether concurrent or cumulative 16
18 Definition 17
i
Clause Page
Subdivision 2--Amendments to the Sentencing Act 1991 17
19 Custodial sentence must be imposed for offence of intentionally
exposing an emergency worker or a custodial officer to risk by
driving in certain circumstances 17
Division 3--Bail Act 1977 17
Subdivision 1--Bail provisions related to emergency workers and
other persons offences 17
20 Accused held in custody entitled to bail 17
21 Schedule 2--Offences--show compelling reason 18
Subdivision 2--Amendments to the Bail Act 1977 18
22 Schedule 2--Offences--show compelling reason 18
Division 4--Road Safety Act 1986 18
23 Definitions 18
Part 3--Transitional provisions 20
24 Transitional provisions 20
Part 4--Repeal of amending Act 22
25 Repeal of amending Act 22
═════════════
Endnotes 23
1 General information 23
ii
Crimes Legislation Amendment
(Protection of Emergency Workers and
Others) 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 Crimes Act 1958 to insert
new offences relating to the creation of risk
to emergency workers on duty, and certain
other persons, and damaging emergency
service vehicles, by driving; and
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Crimes Legislation Amendment (Protection of Emergency Workers and
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No. of 2017
Part 1--Preliminary
(b) to amend the Sentencing Act 1991 to make
provision in relation to sentencing for the
offences; and
(c) to amend the Bail Act 1977 to make
provision in relation to the granting of bail
for the offences; and
(d) to amend the Road Safety Act 1986
to provide for the impoundment,
immobilisation and forfeiture of vehicles
used in the commission of the offences.
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 31 October 2018, it comes
into operation on that day.
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No. of 2017
Part 2--Offences related to emergency workers and other persons
Part 2--Offences related to emergency
workers and other persons
Division 1--Crimes Act 1958
Subdivision 1--Offences
3 New Division 8A of Part 1 inserted
After Division 8 of Part 1 of the Crimes Act 1958
insert--
"Division 8A--Driving offences
connected with emergency workers,
custodial officers and emergency
service vehicles
317AB Interpretation
(1) In this Division--
custodial officer has the same meaning as
in section 10AA(8) of the Sentencing
Act 1991;
emergency worker has the same meaning as
in section 10AA(8) of the Sentencing
Act 1991.
(2) For the purposes of this Division--
(a) an emergency worker is on duty if they
would be on duty for the purposes of
section 10AA(9) of the Sentencing
Act 1991; and
(b) a custodial officer is on duty if they
would be on duty for the purposes of
section 10AA(10) of the Sentencing
Act 1991.
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Part 2--Offences related to emergency workers and other persons
317AC Intentionally exposing an emergency
worker or a custodial officer to risk by
driving
(1) A person who--
(a) drives a motor vehicle in the vicinity
of another person who is an emergency
worker on duty or a custodial officer
on duty; and
(b) knows that, or is reckless as to whether,
the other person is an emergency
worker or a custodial officer; and
(c) without lawful excuse, drives the motor
vehicle and intends to expose the other
person to a risk to safety--
is guilty of an offence and liable to level 3
imprisonment (20 years maximum).
(2) For the purposes of subsection (1), the
person is taken to know that the other
person is an emergency worker or a
custodial officer (as the case may be) if--
(a) the other person has identified
themselves as an emergency worker
or a custodial officer; or
(b) the other person is inside or in the
vicinity of a vehicle which--
(i) bears the livery or insignia of
an emergency service; or
(ii) is displaying a flashing blue
or red light (whether or not it
is displaying other lights); or
(iii) is sounding an alarm; or
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Part 2--Offences related to emergency workers and other persons
(c) the fact that the other person is an
emergency worker or a custodial
officer is reasonably apparent,
having regard to all the circumstances,
including the conduct and manner of
the emergency worker or custodial
officer.
(3) A person may be found guilty of an offence
under subsection (1) irrespective of whether
the emergency worker or custodial officer
was injured by the conduct of the person
driving the motor vehicle.
Notes
1 Section 10AE(1) of the Sentencing Act 1991
requires that a term of imprisonment be imposed
for an offence against this section and that a
non-parole period of not less than 2 years be
fixed under section 11 of that Act if an
emergency worker on duty or a custodial officer
on duty is injured, unless the court finds under
section 10A of that Act that a special reason
exists.
2 If a court makes a finding under section 10A of
the Sentencing Act 1991 that a special reason
exists, the requirements of section 10AE(1) do
not apply and the court has full sentencing
discretion.
3 Section 16(3D) of the Sentencing Act 1991
requires that every term of imprisonment
imposed on a person for an offence against
this section must, unless otherwise directed
by the court, be served cumulatively on
any uncompleted sentence or sentences of
imprisonment imposed on that offender,
whether before or at the same time as that
term.
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Part 2--Offences related to emergency workers and other persons
317AD Aggravated offence of intentionally
exposing an emergency worker or a
custodial officer to risk by driving
(1) A person is guilty of the aggravated offence
of intentionally exposing an emergency
worker or a custodial officer to risk by
driving if the person commits an offence
against section 317AC and any of the
following apply--
(a) the motor vehicle driven by the person
in the commission of the offence
against section 317AC is stolen and the
person knows that, or is reckless as to
whether, the motor vehicle is stolen;
(b) the person commits the offence against
section 317AC in connection with an
offence committed by that person
against section 317AG;
(c) the person commits the offence against
section 317AC in connection with
another indictable offence committed
by that person, punishable by 10 years
imprisonment or more.
(2) For the purposes of subsection (1)(b) and (c),
the offences are connected if--
(a) there is a close connection in time; or
(b) there is a close connection in place; or
(c) in the case of subsection (1)(c), the
purpose of the commission of the
offence against section 317AC is to
avoid apprehension for the other
indictable offence.
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Part 2--Offences related to emergency workers and other persons
(3) A person guilty of the aggravated offence of
intentionally exposing an emergency worker
or a custodial officer to risk by driving is
guilty of an indictable offence and liable to
level 3 imprisonment (20 years maximum).
Notes
1 An offence against this section is a category 2 offence
under the Sentencing Act 1991. See subsection (2H)
of section 5 of that Act for the requirement to
impose a custodial order for this offence unless the
circumstances set out in paragraphs (a) to (e) of that
subsection exist.
2 Section 10AE(1) of the Sentencing Act 1991 requires
that a term of imprisonment be imposed for an offence
against section 317AD and that a non-parole period of
not less than 2 years be fixed under section 11 of that
Act, if an emergency worker on duty or a custodial
officer on duty is injured, unless the court finds under
section 10A of that Act that a special reason exists.
3 If a court makes a finding under section 10A of the
Sentencing Act 1991 that a special reason exists, the
requirements of section 10AE(1) do not apply and the
court has full sentencing discretion.
4 Section 16(3D) of the Sentencing Act 1991 requires
that every term of imprisonment imposed on a person
for an offence against this section must, unless
otherwise directed by the court, be served cumulatively
on any uncompleted sentence or sentences of
imprisonment imposed on that offender, whether
before or at the same time as that term.
317AE Recklessly exposing an emergency worker
or a custodial officer to risk by driving
(1) A person who--
(a) drives a motor vehicle in the vicinity
of another person who is an emergency
worker on duty or a custodial officer
on duty; and
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Part 2--Offences related to emergency workers and other persons
(b) knows that, or is reckless as to whether,
the other person is an emergency
worker or a custodial officer; and
(c) without lawful excuse, drives the motor
vehicle and recklessly exposes the other
person to a risk to safety--
is guilty of an offence and liable to level 5
imprisonment (10 years maximum).
(2) For the purposes of subsection (1), the
person is taken to know that the other person
is an emergency worker or a custodial officer
(as the case may be) if--
(a) the other person has identified
themselves as an emergency worker
or a custodial officer; or
(b) the other person is inside or in the
vicinity of a vehicle which--
(i) bears the livery or insignia of
an emergency service; or
(ii) is displaying a flashing blue
or red light (whether or not it
is displaying other lights); or
(iii) is sounding an alarm; or
(c) the fact that the other person is an
emergency worker or a custodial officer
is reasonably apparent, having regard
to all the circumstances, including the
conduct and manner of the emergency
worker or custodial officer.
(3) A person may be found guilty of an offence
under subsection (1) irrespective of whether
the emergency worker or custodial officer
was injured by the conduct of the person
driving the motor vehicle.
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Part 2--Offences related to emergency workers and other persons
Note
Section 16(3D) of the Sentencing Act 1991 requires that
every term of imprisonment imposed on a person for an
offence against this section must, unless otherwise directed
by the court, be served cumulatively on any uncompleted
sentence or sentences of imprisonment imposed on that
offender, whether before or at the same time as that term.
317AF Aggravated offence of recklessly exposing
an emergency worker or a custodial
officer to risk by driving
(1) A person is guilty of the aggravated offence
of recklessly exposing an emergency worker
or a custodial officer to risk by driving if
the person commits an offence against
section 317AE and any of the following
apply--
(a) the motor vehicle driven by the person
in the commission of the offence
against section 317AE is stolen and the
person knows that, or is reckless as to
whether, the motor vehicle is stolen;
(b) the person commits the offence against
section 317AE in connection with an
offence committed by that person
against section 317AG;
(c) the person commits the offence against
section 317AE in connection with
another indictable offence committed
by that person, punishable by 10 years
or more imprisonment.
(2) For the purposes of subsection (1)(b) and (c),
the offences are connected if--
(a) there is a close connection in time; or
(b) there is a close connection in place; or
9
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Part 2--Offences related to emergency workers and other persons
(c) in the case of subsection (1)(c), the
purpose of the commission of the
offence against section 317AE is to
avoid apprehension for the other
indictable offence.
(3) A person guilty of the aggravated offence
of recklessly exposing an emergency worker
or a custodial officer to risk by driving is
guilty of an indictable offence and liable to
level 5 imprisonment (10 years maximum).
Notes
1 An offence against this section is a category 2 offence
under the Sentencing Act 1991. See subsection (2H)
of section 5 of that Act for the requirement to
impose a custodial order for this offence unless the
circumstances set out in paragraphs (a) to (e) of that
subsection exist.
2 Section 16(3D) of the Sentencing Act 1991 requires
that every term of imprisonment imposed on a
person for an offence against this section must,
unless otherwise directed by the court, be served
cumulatively on any uncompleted sentence or
sentences of imprisonment imposed on that offender,
whether before or at the same time as that term.
317AG Damaging an emergency service vehicle
(1) A person must not, without lawful excuse,
recklessly drive a motor vehicle so that
damage is caused to an emergency service
vehicle.
Penalty: Level 6 imprisonment (5 years
maximum).
(2) To be guilty of an offence under subsection
(1), the person must know that, or be
reckless as to whether, the other vehicle
is an emergency service vehicle.
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Part 2--Offences related to emergency workers and other persons
(3) For the purposes of subsection (2), the
person is taken to know that the other
vehicle is an emergency service vehicle if--
(a) the motor vehicle bears the livery or
insignia of an emergency service; or
(b) the motor vehicle is displaying a
flashing blue or red light (whether or
not it is displaying other lights); or
(c) the motor vehicle is sounding an
alarm; or
(d) the fact that the motor vehicle is
an emergency service vehicle is
reasonably apparent, having regard
to all of the circumstances, including
the manner in which the emergency
service vehicle is being driven.
(4) In this section, emergency service vehicle
means a motor vehicle that, at a particular
time--
(a) is being used by an emergency worker
on duty or a custodial officer on duty;
or
(b) is ordinarily used by an emergency
worker on duty or a custodial officer
on duty--
regardless of whether it is occupied by an
emergency worker or a custodial officer at
that time.
Note
Section 16(3D) of the Sentencing Act 1991 requires that
every term of imprisonment imposed on a person for an
offence against this section must, unless otherwise directed
by the court, be served cumulatively on any uncompleted
sentence or sentences of imprisonment imposed on that
offender, whether before or at the same time as that term.".
11
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No. of 2017
Part 2--Offences related to emergency workers and other persons
Subdivision 2--Amendments to the
Crimes Act 1958
4 Heading to Division 8A of Part 1 amended
In the heading to Division 8A of Part 1 of
the Crimes Act 1958, after "officers" insert
", youth justice custodial workers".
5 Interpretation
(1) In section 317AB(1) of the Crimes Act 1958--
(a) in the definition of emergency worker,
for "1991." substitute "1991;";
(b) after the definition of emergency worker
insert--
"youth justice custodial worker has the
same meaning as in section 10AA(8)
of the Sentencing Act 1991.".
(2) In section 317AB(2) of the Crimes Act 1958--
(a) in paragraph (b), for "1991." substitute
"1991; and";
(b) after paragraph (b) insert--
"(c) a youth justice custodial worker is on
duty if they would be on duty for the
purposes of section 10AA(11) of the
Sentencing Act 1991.".
6 Heading to section 317AC amended
In the heading to section 317AC of the Crimes
Act 1958, for "or a custodial officer" substitute
", a custodial officer or a youth justice custodial
worker".
12
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Part 2--Offences related to emergency workers and other persons
7 Intentionally exposing an emergency worker or a
custodial officer to risk by driving
(1) In section 317AC(1)(a) of the Crimes Act 1958,
for "or a custodial officer on duty" substitute
", a custodial officer on duty or a youth justice
custodial worker on duty".
(2) In section 317AC(1)(b), (2) and (3) (excluding
the Notes) of the Crimes Act 1958, for "or a
custodial officer" (wherever occurring) substitute
", a custodial officer or a youth justice custodial
worker.".
(3) In section 317AC(2)(c) and (3) of the Crimes
Act 1958, for "or custodial officer" substitute
", custodial officer or youth justice custodial
worker".
(4) In Note 1 at the foot of section 317AC(3) of the
Crimes Act 1958, for "or a custodial officer on
duty" substitute ", a custodial officer on duty
or a youth justice custodial worker on duty".
8 Heading to section 317AD amended
In the heading to section 317AD of the Crimes
Act 1958, for "or a custodial officer" substitute
", a custodial officer or a youth justice custodial
worker".
9 Aggravated offence of intentionally exposing an
emergency worker or a custodial officer to risk
by driving
(1) In section 317AD of the Crimes Act 1958, for
"or a custodial officer" (where twice occurring)
substitute ", a custodial officer or a youth justice
custodial worker".
(2) In Note 2 at the foot of section 317AD(3) of the
Crimes Act 1958, for "or a custodial officer on
duty" substitute ", a custodial officer on duty
or a youth justice custodial worker on duty".
13
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Part 2--Offences related to emergency workers and other persons
10 Heading to section 317AE amended
In the heading to section 317AE of the Crimes
Act 1958, for "or a custodial officer" substitute
", a custodial officer or a youth justice custodial
worker".
11 Recklessly exposing an emergency worker or a
custodial officer to risk by driving
(1) In section 317AE(1)(a) of the Crimes Act 1958,
for "or a custodial officer on duty" substitute
", a custodial officer on duty or a youth justice
custodial worker on duty".
(2) In section 317AE(1)(b) and (2) of the Crimes
Act 1958, for "or a custodial officer" (wherever
occurring) substitute ", custodial officer or youth
justice custodial worker".
(3) In section 317AE(2)(c) and (3) of the Crimes
Act 1958, for "or custodial officer" substitute
", custodial officer or youth justice custodial
worker".
12 Heading to section 317AF amended
In the heading to section 317AF of the Crimes
Act 1958, for "or a custodial officer" substitute
", a custodial officer or a youth justice custodial
worker".
13 Aggravated offence of recklessly exposing an
emergency worker or a custodial officer to risk
by driving
In section 317AF of the Crimes Act 1958, for
"or a custodial officer" (wherever occurring)
substitute ", a custodial officer or a youth justice
custodial worker".
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Part 2--Offences related to emergency workers and other persons
14 Damaging an emergency service vehicle
(1) In section 317AG(4)(a) and (b) of the Crimes
Act 1958, for "or a custodial officer on duty"
substitute ", a custodial officer on duty or a
youth justice custodial worker on duty".
(2) In section 317AG(4) of the Crimes Act 1958
for "emergency worker or a custodial officer"
substitute "emergency worker, a custodial
officer or a youth justice custodial worker".
Division 2--Sentencing Act 1991
Subdivision 1--Sentencing provisions
related to emergency workers and
other persons offences
15 Definitions
In section 3(1) of the Sentencing Act 1991,
after paragraph (i) in the definition of category 2
offence insert--
"(j) an offence against section 317AD of the
Crimes Act 1958;
(k) an offence against section 317AF of the
Crimes Act 1958;".
16 New section 10AE inserted
After section 10AD of the Sentencing Act 1991
insert--
"10AE Custodial sentence must be imposed
for offences against sections 317AC
and 317AD in certain circumstances
(1) Subject to subsection (2), in sentencing an
offender (whether on appeal or otherwise)
for an offence against section 317AC
or 317AD of the Crimes Act 1958, a court
must impose a term of imprisonment and
15
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No. of 2017
Part 2--Offences related to emergency workers and other persons
fix under section 11 a non-parole period of
not less than 2 years if, in of the commission
of the offence, an emergency worker on duty
or a custodial officer on duty is injured.
(2) Subsection (1) does not apply--
(a) to an offender who is under the age of
18 years at the time of the offence; or
(b) if the court finds under section 10A
that a special reason exists.".
17 Sentences--whether concurrent or cumulative
(1) In section 16(1A)(e) of the Sentencing Act 1991,
for "offence." substitute "offence; or".
(2) In section 16(1A) of the Sentencing Act 1991,
after paragraph (e) insert--
"(g) on any person for an offence against
section 317AC of the Crimes Act 1958; or
(h) on any person for an offence against
section 317AD of the Crimes Act 1958; or
(i) on any person for an offence against
section 317AE of the Crimes Act 1958; or
(j) on any person for an offence against
section 317AF of the Crimes Act 1958; or
(k) on any person for an offence against
section 317AG of the Crimes Act 1958.".
(3) After section 16(3C) of the Sentencing Act 1991
insert--
"(3D) Every term of imprisonment imposed on a
person for an offence against section 317AC,
317AD, 317AE, 317AF or 317AG of the
Crimes Act 1958 must, unless otherwise
directed by the court, be served cumulatively
on any uncompleted sentence or sentences
of imprisonment imposed on that offender,
16
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Part 2--Offences related to emergency workers and other persons
whether before or at the same time as that
term.".
18 Definition
In section 87P of the Sentencing Act 1991, in
the definition of serious motor vehicle offence,
after paragraph (b) insert--
"(ba) an offence under section 317AC, 317AD,
317AE or 317AF of the Crimes Act 1958
arising out of the driving of a motor vehicle;
or".
Subdivision 2--Amendments to the
Sentencing Act 1991
19 Custodial sentence must be imposed for offence
of intentionally exposing an emergency worker
or a custodial officer to risk by driving in certain
circumstances
In section 10AE of the Sentencing Act 1991,
for "or a custodial officer on duty" substitute
", a custodial officer on duty or a youth justice
custodial worker on duty".
Division 3--Bail Act 1977
Subdivision 1--Bail provisions related
to emergency workers and other
persons offences
20 Accused held in custody entitled to bail
After section 4(4)(bc) of the Bail Act 1977
insert--
"(bd) with an offence against section 317AC,
317AD, 317AE, 317AF or 317AG of the
Crimes Act 1958; or".
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Part 2--Offences related to emergency workers and other persons
21 Schedule 2--Offences--show compelling reason
In item 22 of Schedule 2 to the Bail Act 1977,
after paragraph (e) insert--
"(ea) section 317AC (intentionally exposing an
emergency worker or a custodial officer to
risk by driving);
(eb) section 317AD (aggravated offence of
intentionally exposing an emergency worker
or a custodial officer to risk by driving);
(ec) section 317AE (recklessly exposing an
emergency worker or a custodial officer
to risk by driving);
(ed) section 317AF (aggravated offence of
recklessly exposing an emergency worker
or a custodial officer to risk by driving);
(ee) section 317AG (damaging an emergency
service vehicle);".
Subdivision 2--Amendments to the Bail Act 1977
22 Schedule 2--Offences--show compelling reason
In paragraphs (ea), (eb), (ec) and (ed) of
item 22 of Schedule 2 to the Bail Act 1977,
for "or a custodial officer" (wherever occurring)
substitute ", a custodial officer or a youth
justice custodial worker".
Division 4--Road Safety Act 1986
23 Definitions
(1) In section 84C(1)(a) of the Road Safety
Act 1986, after paragraph (xvi) insert--
"(xvii) an offence against section 317AC, 317AD,
317AE or 317AF of the Crimes Act 1958;".
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Part 2--Offences related to emergency workers and other persons
(2) In section 84C(1)(b) of the Road Safety
Act 1986, after paragraph (iii) insert--
"(iv) an offence against section 317AG of
the Crimes Act 1958;".
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Crimes Legislation Amendment (Protection of Emergency Workers and
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No. of 2017
Part 3--Transitional provisions
Part 3--Transitional provisions
24 Transitional provisions
(1) At the end of Part 7 of the Crimes Act 1958
insert--
"634 Transitional provision--Crimes
Legislation Amendment (Protection
of Emergency Workers and Others)
Act 2017
(1) For the purposes of sections 317AD
and 317AF as inserted by Division 1
of Part 2 of the Crimes Legislation
Amendment (Protection of Emergency
Workers and Others) Act 2017, a
reference to an indictable offence
committed in connection with an offence
alleged to have been committed under
section 317AC or 317AE, as the case
requires, is a reference to an offence
committed on or after the commencement
of that Division.
(2) For the purposes of subsection (1), if an
indictable offence is committed between
2 dates, one before and one after the
commencement of Division 1 of Part 2
of the Crimes Legislation Amendment
(Protection of Emergency Workers
and Others) Act 2017, the offence is
taken to have been committed before
that commencement.".
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Part 3--Transitional provisions
(2) After section 103ZK of the Road Safety Act 1986
insert--
"103ZL Transitional provision--Crimes
Legislation Amendment (Protection
of Emergency Workers and Others)
Act 2017
(1) The amendment of section 84C(1)(a)
and (b) made by section 24 of the Crimes
Legislation Amendment (Protection
of Emergency Workers and Others)
Act 2017 applies only to offences alleged
to have been committed on or after the
commencement of that section of that Act.
(2) For the purposes of subsection (2), if an
offence is alleged to have been committed
between 2 dates, one before and one
after the commencement of section 24
of the Crimes Legislation Amendment
(Protection of Emergency Workers
and Others) Act 2017, the offence is
alleged to have been committed before
the commencement of that section.".
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Crimes Legislation Amendment (Protection of Emergency Workers and
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No. of 2017
Part 4--Repeal of amending Act
Part 4--Repeal of amending Act
25 Repeal of amending Act
This Act is repealed on 31 October 2019.
═════════════
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Crimes Legislation Amendment (Protection of Emergency Workers and
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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 Crimes Act 1958 to create offences relating to the creation of risk
to emergency workers and others by driving and to make related
amendments to the Sentencing Act 1991, the Bail Act 1977 and the
Road Safety Act 1986, and for other purposes."
By Authority. Government Printer for the State of Victoria.
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