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PARLIAMENT OF VICTORIA
Justice Legislation Amendment (Miscellaneous) Bill
2013
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purposes 1
2 Commencement 3
PART 2--AMENDMENT OF CONFISCATION ACT 1997 4
3 Application for exclusion from restraining order 4
4 Declaration that restraining order shall be disregarded for
purposes of automatic forfeiture 4
5 Automatic forfeiture of restrained property on conviction of
certain offences 4
6 Application for tainted property substitution declaration 5
7 Application for exclusion from civil forfeiture restraining order 5
8 Determination of application for civil forfeiture order 6
9 Application for exclusion from civil forfeiture order 6
10 Disposal of forfeited property 7
11 New section 44A inserted 8
44A Certificate of disposal 8
12 Application for exclusion from forfeiture order 8
13 Application for exclusion from automatic forfeiture 9
14 Sex Work and Other Acts Amendment Act 2011--
Schedule 2 offences transitional provision 9
PART 3--AMENDMENT OF CRIMES ACT 1958 10
15 Production of child pornography 10
16 Possession of child pornography 11
PART 4--AMENDMENT OF CRIMINAL PROCEDURE
ACT 2009 13
17 DPP may discontinue a prosecution without adjudication 13
571343B.I-29/10/2013 i BILL LA INTRODUCTION 29/10/2013
Clause Page
PART 5--AMENDMENT OF PUBLIC PROSECUTIONS
ACT 1994 14
18 Delegation by Director 14
19 Appointment of Crown Prosecutors 14
20 Terms and conditions of Crown Prosecutors 14
21 New section 35A inserted 15
35A Senior Crown Prosecutor may act as Chief Crown
Prosecutor 15
22 Functions of Director's Committee 16
23 Delegation of functions in relation to special decisions 16
PART 6--AMENDMENT OF FAMILY VIOLENCE
PROTECTION ACT 2008 AND PERSONAL SAFETY
INTERVENTION ORDERS ACT 2010 17
Division 1--Amendment of Family Violence Protection Act 2008 17
24 Section 40 repealed 17
25 New section 156A inserted 17
156A Definitions 17
26 Surrender of firearms and weapons 18
27 Power of police officer to search premises for firearms etc.
without warrant 18
28 New section 159A inserted 19
159A Applications for interstate orders--additional
requirements for direction or search without warrant 19
29 Warrants to search premises and vehicles 20
30 Effect of surrender or seizure of firearm, weapon or other
article if final order made against person 20
31 Effect of surrender or seizure of firearm, weapon or other
article if no final order etc. 21
Division 2--Amendment of Personal Safety Intervention Orders
Act 2010 22
32 New section 113A inserted 22
113A Definitions 22
33 Surrender of firearms and weapons 22
34 Power of police officer to search premises for firearms etc.
without warrant 23
35 New section 116A inserted 23
116A Applications for interstate orders--additional
requirements for direction or search without warrant 23
36 Warrants to search premises and vehicles 24
37 Effect of surrender or seizure of firearm, weapon or other
article if final order made against person 25
38 Effect of surrender or seizure of firearm, weapon or other
article if no final order etc. 25
571343B.I-29/10/2013 ii BILL LA INTRODUCTION 29/10/2013
Clause Page
PART 7--AMENDMENT OF RACING ACT 1958 26
39 Definitions 26
40 New Division 2B inserted in Part I 26
Division 2B--Rules of Racing Victoria 26
5E Definitions 26
5F Rules of Racing Victoria binding on certain persons 26
5G Hearings of RV Racing Appeals and Disciplinary
Board 28
41 New section 37BA inserted 30
37BA Powers of the Racing Integrity Commissioner
conducting an inquiry 30
42 Statute law revision--section 24A amended 31
PART 8--AMENDMENT OF ROAD SAFETY CAMERA
COMMISSIONER ACT 2011 32
43 Definitions 32
44 New section 13A inserted 32
13A Delegation 32
PART 9--AMENDMENTS RELATING TO SENTENCING
ACT 1991 33
45 Proposed section 53 amended 33
46 Section 83AH amended 33
47 Schedule 3 amended 33
48 Statute law revision--section 47 amended 34
49 Statute law revision--section 50 amended 35
50 Statute law revision--section 83AV amended 35
PART 10--AMENDMENT OF SEX WORK ACT 1994 36
51 Repeal of sections 21L and 21M 36
PART 11--AMENDMENT OF SUMMARY OFFENCES
ACT 1966 37
52 Offensive behaviour by a person in a motor vehicle in a
declared area 37
PART 12--GENERAL 38
53 Repeal of Act 38
ENDNOTES 39
571343B.I-29/10/2013 iii BILL LA INTRODUCTION 29/10/2013
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Justice Legislation Amendment
(Miscellaneous) Bill 2013
A Bill for an Act to amend the Confiscation Act 1997, the Crimes
Act 1958, the Criminal Procedure Act 2009, the Public
Prosecutions Act 1994, the Family Violence Protection Act 2008,
the Personal Safety Intervention Orders Act 2010, the Racing Act
1958, the Road Safety Camera Commissioner Act 2011, the
Sentencing Act 1991, the Sentencing Amendment (Abolition of
Suspended Sentences and Other Matters) Act 2013, the Sex Work
Act 1994 and the Summary Offences Act 1966 and for other
purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purposes
The main purposes of this Act are--
(a) to amend the Confiscation Act 1997 to
5 clarify the operation of the provisions
relating to the forfeiture of property; and
571343B.I-29/10/2013 1 BILL LA INTRODUCTION 29/10/2013
Justice Legislation Amendment (Miscellaneous) Bill 2013
Part 1--Preliminary
s. 1
(b) to amend the Crimes Act 1958 to provide
protection to staff of the Office of Public
Prosecutions and Corrections Victoria from
criminal responsibility under section 68
5 or 70 when performing their official duties
and functions; and
(c) to amend the Criminal Procedure Act 2009
to provide that a notice of the discontinuance
of a prosecution for an indictable offence
10 need not be signed personally by the Director
of Public Prosecutions; and
(d) to amend the Public Prosecutions Act 1994
in relation to the appointment of Crown
Prosecutors and the delegation of powers by
15 the Director of Public Prosecutions; and
(e) to amend the Family Violence Protection
Act 2008 and the Personal Safety
Intervention Orders Act 2010 to extend the
application of enforcement powers relating
20 to firearms and weapons to interstate
intervention orders, notices and applications;
and
(f) to amend the Racing Act 1958 to expand the
application of the Rules of Racing Victoria
25 and to require those Rules to provide for
certain matters and to provide further powers
to the Racing Integrity Commissioner; and
(g) to amend the Road Safety Camera
Commissioner Act 2011 to remove speed
30 detectors from the definition of road safety
camera system and to provide for the
delegation by the Commissioner of his or her
powers under that Act; and
571343B.I-29/10/2013 2 BILL LA INTRODUCTION 29/10/2013
Justice Legislation Amendment (Miscellaneous) Bill 2013
Part 1--Preliminary
s. 2
(h) to amend the Sentencing Act 1991 to further
provide for transitional arrangements for old
community-based orders (fines) under that
Act and make other statute law revision
5 amendments; and
(i) to amend the Sentencing Amendment
(Abolition of Suspended Sentences and
Other Matters) Act 2013 to make minor
amendments and make other statute law
10 revision amendments; and
(j) to amend the Sex Work Act 1994 to remove
the reporting requirements relating to the
banning notice scheme under Part 2A of that
Act and repeal the sunset of that Part; and
15 (k) to amend the Summary Offences Act 1966
to remove the automatic expiration of a
declared area notice under section 18(4) of
that Act.
2 Commencement
20 (1) This Part and Parts 2, 3, 4, 5, 8, 10, 11 and 12 and
sections 24, 45, 48, 49 and 50 come into operation
on the day after the day on which this Act receives
the Royal Assent.
(2) Section 47 comes into operation on the day on
25 which section 50 of the Sentencing Amendment
(Abolition of Suspended Sentences and Other
Matters) Act 2013 comes into operation.
(3) Subject to subsection (4), the remaining
provisions of this Act come into operation on a
30 day or days to be proclaimed.
(4) If a provision referred to in subsection (3) does
not come into operation before 30 November
2014, it comes into operation on that day.
__________________
571343B.I-29/10/2013 3 BILL LA INTRODUCTION 29/10/2013
Justice Legislation Amendment (Miscellaneous) Bill 2013
Part 2--Amendment of Confiscation Act 1997
s. 3
PART 2--AMENDMENT OF CONFISCATION ACT 1997
3 Application for exclusion from restraining order
See: (1) In section 20(1B) of the Confiscation Act 1997
Act No.
108/1997. for "The court" substitute "Subject to subsection
5 Reprint No. 6
as at
(1C), the court".
1 April 2012
and
(2) After section 20(1B) of the Confiscation Act
amending 1997 insert--
Act Nos
20/2012 and "(1C) The court may not extend the period within
82/2012.
LawToday: which an application may be made in respect
10 www. of property that has been forfeited by or
legislation.
vic.gov.au under this Act.".
4 Declaration that restraining order shall be
disregarded for purposes of automatic forfeiture
In section 23 of the Confiscation Act 1997--
15 (a) in paragraph (a) for "section 22(a)"
substitute "section 22(1)(a)";
(b) in paragraph (b) for "section 22(c)"
substitute "section 22(1)(c)".
5 Automatic forfeiture of restrained property on
20 conviction of certain offences
(1) In section 35(2) of the Confiscation Act 1997
omit "or within that period of 60 days such an
application is made".
(2) After section 35(2) of the Confiscation Act 1997
25 insert--
"(2A) For the purposes of subsections (1) and (2),
an application under section 20 is not
pending unless an application under
section 20(1) has been made--
30 (a) within the period referred to in
section 20(1A); or
571343B.I-29/10/2013 4 BILL LA INTRODUCTION 29/10/2013
Justice Legislation Amendment (Miscellaneous) Bill 2013
Part 2--Amendment of Confiscation Act 1997
s. 6
(b) where, under section 20(1B), the court
has extended the period within which
the application may be made--within
the period as so extended and before
5 the expiry of the period of 60 days
referred to in subsection (1).".
6 Application for tainted property substitution
declaration
After section 36B(1) of the Confiscation Act
10 1997 insert--
"(1A) Subsection (1) applies only if an application
under section 20(1) has been made--
(a) within the period referred to in
section 20(1A); or
15 (b) where, under section 20(1B), the court
has extended the period within which
the application may be made--within
the period as so extended and before
the expiry of the period of 60 days
20 referred to in section 35(1).".
7 Application for exclusion from civil forfeiture
restraining order
(1) In section 36U(3) of the Confiscation Act 1997
for "The court" substitute "Subject to subsection
25 (3A), the court".
(2) After section 36U(3) of the Confiscation Act
1997 insert--
"(3A) The court may not extend the period within
which an application may be made in respect
30 of property that has been forfeited by or
under this Act.".
571343B.I-29/10/2013 5 BILL LA INTRODUCTION 29/10/2013
Justice Legislation Amendment (Miscellaneous) Bill 2013
Part 2--Amendment of Confiscation Act 1997
s. 8
8 Determination of application for civil forfeiture
order
After section 38(1) of the Confiscation Act 1997
insert--
5 "(1A) For the purposes of subsection (1), an
application for a section 36V exclusion order
is not pending unless an application under
section 36U(1) has been made--
(a) within the period referred to in
10 section 36U(2); or
(b) where, under section 36U(3), the court
has extended the period within which
the application may be made--within
the period as so extended.".
15 9 Application for exclusion from civil forfeiture order
(1) In section 40A(3) and (5) of the Confiscation Act
1997 for "The court" substitute "Subject to
subsection (5A), the court".
(2) After section 40A(5) of the Confiscation Act
20 1997 insert--
"(5A) The court may not grant a person leave under
subsection (3) or (5) to make an application
in respect of property that has been disposed
of in accordance with section 44.".
25 (3) In section 40A(6) of the Confiscation Act 1997--
(a) in paragraph (b), for "forfeited." substitute
"forfeited; and";
(b) after paragraph (b) insert--
"(c) to a person prescribed for the purposes
30 of section 44(1).".
571343B.I-29/10/2013 6 BILL LA INTRODUCTION 29/10/2013
Justice Legislation Amendment (Miscellaneous) Bill 2013
Part 2--Amendment of Confiscation Act 1997
s. 10
10 Disposal of forfeited property
(1) After section 44(3) of the Confiscation Act 1997
insert--
"(3A) Despite subsection (2), the Minister is not
5 prevented from taking the action specified in
subsection (2)(a) or (b) after the end of the
appeal period but before the final
determination of an application under
section 49 or 51 for an exclusion order or an
10 application under section 40A for a
section 40B exclusion order unless--
(a) the application has been made--
(i) within the period referred to in
section 49(2), 51(2) or 40A(2)
15 (as the case may be); or
(ii) after that period, with the leave of
the court granted under
section 49(3), 51(3) or 40A(3)
(as the case may be); or
20 (b) in the case of an application that has
been made pursuant to leave granted
under section 40A(4) or 51(4) (as the
case may be)--the leave was granted
prior to the disposal of the property.".
25 (2) After section 44(6) of the Confiscation Act 1997
insert--
"(7) For the purposes of this section, the disposal
of real property includes the creation of a
contractual obligation for the sale of the
30 property.".
571343B.I-29/10/2013 7 BILL LA INTRODUCTION 29/10/2013
Justice Legislation Amendment (Miscellaneous) Bill 2013
Part 2--Amendment of Confiscation Act 1997
s. 11
11 New section 44A inserted
After section 44 of the Confiscation Act 1997
insert--
"44A Certificate of disposal
5 (1) The Minister or a person prescribed for the
purposes of section 44(1) may issue a
certificate certifying that specified property
has been disposed of in accordance with
section 44.
10 (2) A certificate issued under subsection (1)--
(a) is admissible in evidence in
proceedings under this Act; and
(b) in the absence of evidence to the
contrary, is proof that the property has
15 been disposed of in accordance with
section 44.".
12 Application for exclusion from forfeiture order
(1) In section 49(3) of the Confiscation Act 1997 for
"The court" substitute "Subject to subsection
20 (3A), the court".
(2) After section 49(3) of the Confiscation Act 1997
insert--
"(3A) The court may not grant a person leave under
subsection (3) to make an application in
25 respect of property that has been disposed of
in accordance with section 44.".
(3) In section 49(4) of the Confiscation Act 1997--
(a) in paragraph (b), for "forfeited." substitute
"forfeited; and";
30 (b) after paragraph (b) insert--
"(c) to a person prescribed for the purposes
of section 44(1).".
571343B.I-29/10/2013 8 BILL LA INTRODUCTION 29/10/2013
Justice Legislation Amendment (Miscellaneous) Bill 2013
Part 2--Amendment of Confiscation Act 1997
s. 13
13 Application for exclusion from automatic forfeiture
(1) In sections 51(3) and (5) of the Confiscation Act
1997 for "The court" substitute "Subject to
subsection (5A), the court".
5 (2) After section 51(5) of the Confiscation Act 1997
insert--
"(5A) The court may not grant a person leave under
subsection (3) or (5) to make an application
in respect of property that has been disposed
10 of in accordance with section 44.".
(3) In section 51(6) of the Confiscation Act 1997--
(a) in paragraph (b), for "forfeited." substitute
"forfeited; and";
(b) after paragraph (b) insert--
15 "(c) to a person prescribed for the purposes
of section 44(1).".
14 Sex Work and Other Acts Amendment Act 2011--
Schedule 2 offences transitional provision
In section 186(1) of the Confiscation Act 1997--
20 (a) for "Clause 2(ba)" substitute "Clause 2(ba),
(bb), (bc) and (bd)";
(b) for "applies" substitute "apply".
__________________
571343B.I-29/10/2013 9 BILL LA INTRODUCTION 29/10/2013
Justice Legislation Amendment (Miscellaneous) Bill 2013
Part 3--Amendment of Crimes Act 1958
s. 15
PART 3--AMENDMENT OF CRIMES ACT 1958
15 Production of child pornography
See: After section 68(2) of the Crimes Act 1958
Act No. 6231.
Reprint No. 24 insert--
as at
5 1 July 2013 "(3) Nothing in subsection (1) makes it an
and
amending
offence for any of the following to print or
Act Nos otherwise make or produce child
16/2004 and
27/2011.
pornography--
LawToday:
www. (a) any of the following persons--
legislation.
10 vic.gov.au (i) the Director of Public
Prosecutions;
(ii) the Chief Crown Prosecutor, a
Senior Crown Prosecutor, a
Crown Prosecutor or an Associate
15 Crown Prosecutor appointed
under the Public Prosecutions
Act 1994;
(iii) the Solicitor for Public
Prosecutions appointed under
20 section 42 of the Public
Prosecutions Act 1994--
in the exercise or performance of a
power, function or duty conferred or
imposed on the person under the Public
25 Prosecutions Act 1994 or any other
Act or at common law;
(b) a member of staff of the Office of
Public Prosecutions, in the exercise or
performance of a power, function or
30 duty conferred or imposed by or under
the Public Prosecutions Act 1994 or
any other Act or at common law;
(c) a person engaged or contracted to assist
a person referred to in paragraphs (a)
35 or (b) with the production of audio-
571343B.I-29/10/2013 10 BILL LA INTRODUCTION 29/10/2013
Justice Legislation Amendment (Miscellaneous) Bill 2013
Part 3--Amendment of Crimes Act 1958
s. 16
visual material required in the exercise
or performance of a power, function or
duty referred to in that paragraph.
(4) Nothing in subsection (1) makes it an
5 offence for an employee of the Department
of Justice to produce child pornography if--
(a) the employee produces child
pornography for the purposes of their
official duties; and
10 (b) the employee is authorised to do so by
the Secretary of the Department of
Justice.".
16 Possession of child pornography
After section 70(4) of the Crimes Act 1958
15 insert--
"(5) Nothing in this section makes it an offence
for any of the following to have child
pornography in his or her possession--
(a) any of the following persons--
20 (i) the Director of Public
Prosecutions;
(ii) the Chief Crown Prosecutor, a
Senior Crown Prosecutor, a
Crown Prosecutor or an Associate
25 Crown Prosecutor appointed
under the Public Prosecutions
Act 1994;
(iii) the Solicitor for Public
Prosecutions appointed under
30 section 42 of the Public
Prosecutions Act 1994--
when required to do so in the exercise
or performance of a power, function or
duty conferred or imposed on the
571343B.I-29/10/2013 11 BILL LA INTRODUCTION 29/10/2013
Justice Legislation Amendment (Miscellaneous) Bill 2013
Part 3--Amendment of Crimes Act 1958
s. 16
person under the Public Prosecutions
Act 1994 or any other Act or at
common law;
(b) a member of staff of the Office of
5 Public Prosecutions, when required to
do so in the exercise or performance of
a power, function or duty conferred or
imposed by or under the Public
Prosecutions Act 1994 or any other
10 Act or at common law;
(c) any other legal practitioner when
required to do so in the course of
representing the Crown in a proceeding
involving or related to subsection (1)
15 or section 68(1); or
(d) a person engaged or contracted to assist
a person referred to in paragraphs (a)
or (b) with the production of audio-
visual material required in the exercise
20 or performance of a power, function or
duty referred to in that paragraph.
(6) Nothing in this section makes it an offence
for an employee of the Department of Justice
to have in his or her possession child
25 pornography if--
(a) the employee has the child pornography
in his or her possession for the purposes
of their official duties; and
(b) the employee is authorised to do so by
30 the Secretary of the Department of
Justice.".
__________________
571343B.I-29/10/2013 12 BILL LA INTRODUCTION 29/10/2013
Justice Legislation Amendment (Miscellaneous) Bill 2013
Part 4--Amendment of Criminal Procedure Act 2009
s. 17
PART 4--AMENDMENT OF CRIMINAL PROCEDURE ACT
2009
17 DPP may discontinue a prosecution without
adjudication
5 In section 177(1)(b) and (4) of the Criminal See:
Act No.
Procedure Act 2009 omit "personally". 7/2009.
Reprint No. 3
as at
1 March 2013
and
amending
Act Nos
12/2013,
22/2013,
32/2013 and
56/2013.
LawToday:
www.
legislation.
vic.gov.au
__________________
571343B.I-29/10/2013 13 BILL LA INTRODUCTION 29/10/2013
Justice Legislation Amendment (Miscellaneous) Bill 2013
Part 5--Amendment of Public Prosecutions Act 1994
s. 18
PART 5--AMENDMENT OF PUBLIC PROSECUTIONS ACT
1994
18 Delegation by Director
See: (1) Section 30(1)(b) of the Public Prosecutions Act
Act No.
5 43/1994. 1994 is repealed.
Reprint No. 4
as at (2) For section 30(3) of the Public Prosecutions Act
27 September
2012.
1994 substitute--
LawToday:
www. "(3) The Director may, by instrument, delegate to
legislation. the Chief Crown Prosecutor or to a Crown
vic.gov.au
10 Prosecutor his or her power to give any
authority, sanction or consent required by or
under any Act for the commencement of a
criminal proceeding.".
19 Appointment of Crown Prosecutors
15 Section 31(4) of the Public Prosecutions Act
1994 is repealed.
20 Terms and conditions of Crown Prosecutors
For section 32(3A) of the Public Prosecutions
Act 1994 substitute--
20 "(3A) Despite anything to the contrary in
subsection (1) or (2), any of the following
persons may be appointed under this Act as a
Crown Prosecutor--
(a) the Director of Public Prosecutions
25 under the law of another State or a
Territory;
(b) a member of staff of the office of that
Director who is an Australian lawyer;
(c) a Crown Prosecutor appointed under
30 the law of another State or a Territory.
571343B.I-29/10/2013 14 BILL LA INTRODUCTION 29/10/2013
Justice Legislation Amendment (Miscellaneous) Bill 2013
Part 5--Amendment of Public Prosecutions Act 1994
s. 21
(3B) A person appointed under subsection (3A)
holds office--
(a) for the term, not exceeding 20 years,
specified in the instrument of
5 appointment; or
(b) until the person ceases to be a person
referred to in subsection (3A)(a), (b)
or (c), if the cessation occurs before the
term of appointment expires.".
10 21 New section 35A inserted
After section 35 of the Public Prosecutions Act
1994 insert--
"35A Senior Crown Prosecutor may act as
Chief Crown Prosecutor
15 (1) The Director's Committee may appoint a
Senior Crown Prosecutor to act as the Chief
Crown Prosecutor during any period when
the Chief Crown Prosecutor is acting as the
Director under section 19B(1).
20 (2) Subsection (1) does not apply if the
Governor in Council has appointed an
Acting Chief Crown Prosecutor under
section 19.
(3) A Senior Crown Prosecutor, while acting as
25 the Chief Crown Prosecutor under
subsection (1)--
(a) has the same powers and duties as the
Chief Crown Prosecutor; and
(b) may perform any of the functions of the
30 Chief Crown Prosecutor.".
571343B.I-29/10/2013 15 BILL LA INTRODUCTION 29/10/2013
Justice Legislation Amendment (Miscellaneous) Bill 2013
Part 5--Amendment of Public Prosecutions Act 1994
s. 22
22 Functions of Director's Committee
After section 45A(1)(d) of the Public
Prosecutions Act 1994 insert--
"(da) to appoint a Senior Crown Prosecutor to act
5 as the Chief Crown Prosecutor under
section 35A(1);".
23 Delegation of functions in relation to special
decisions
(1) In section 45H(1) of the Public Prosecutions Act
10 1994--
(a) for "period to--" substitute "period to the
Chief Crown Prosecutor.";
(b) paragraphs (a) and (b) are repealed.
(2) In section 45H(2) of the Public Prosecutions Act
15 1994--
(a) for "period to--" substitute "period to a
Crown Prosecutor appointed under Part 5 as
a Senior Crown Prosecutor.";
(b) paragraphs (a) and (b) are repealed.
__________________
571343B.I-29/10/2013 16 BILL LA INTRODUCTION 29/10/2013
Justice Legislation Amendment (Miscellaneous) Bill 2013
Part 6--Amendment of Family Violence Protection Act 2008 and Personal
s. 24
Safety Intervention Orders Act 2010
PART 6--AMENDMENT OF FAMILY VIOLENCE
PROTECTION ACT 2008 AND PERSONAL SAFETY
INTERVENTION ORDERS ACT 2010
Division 1--Amendment of Family Violence Protection Act
5 2008
24 Section 40 repealed
Section 40 of the Family Violence Protection See:
Act No.
Act 2008 is repealed. 52/2008.
Reprint No. 2
as at
21 August
2013
and
amending
Act No.
52/2013.
LawToday:
www.
legislation.
vic.gov.au
25 New section 156A inserted
10 After the heading to Part 7 of the Family
Violence Protection Act 2008 insert--
"156A Definitions
In this Part--
interstate interim order means an order
15 that--
(a) is made under a corresponding
interstate law; and
(b) substantially corresponds to an
interim order;
20 interstate order means--
(a) a corresponding interstate order;
or
(b) an interstate interim order;
571343B.I-29/10/2013 17 BILL LA INTRODUCTION 29/10/2013
Justice Legislation Amendment (Miscellaneous) Bill 2013
Part 6--Amendment of Family Violence Protection Act 2008 and Personal
s. 26
Safety Intervention Orders Act 2010
interstate protection notice means a notice
issued or order made under a
corresponding interstate law by a police
officer of that State or Territory to
5 protect a person from family violence.".
26 Surrender of firearms and weapons
(1) For section 158(1)(a) of the Family Violence
Protection Act 2008 substitute--
"(a) either--
10 (i) a family violence safety notice has been
issued or a family violence intervention
order has been made against a person or
a police officer is satisfied, on the
balance of probabilities, that there are
15 grounds for issuing a notice or making
an order against a person; or
(ii) a police officer intends to serve, or has
served, on a person an interstate order
or an application for an interstate order
20 made against the person, or an
interstate protection notice issued
against the person; and".
(2) In section 158(2) of the Family Violence
Protection Act 2008, for "The police officer"
25 substitute "Subject to section 159A, the police
officer".
27 Power of police officer to search premises for
firearms etc. without warrant
(1) For section 159(1)(a) of the Family Violence
30 Protection Act 2008 substitute--
"(a) either--
(i) a family violence safety notice has been
issued or a family violence intervention
order has been made against a person or
35 a police officer is satisfied, on the
571343B.I-29/10/2013 18 BILL LA INTRODUCTION 29/10/2013
Justice Legislation Amendment (Miscellaneous) Bill 2013
Part 6--Amendment of Family Violence Protection Act 2008 and Personal
s. 28
Safety Intervention Orders Act 2010
balance of probabilities, that there are
grounds for issuing a notice or making
an order against a person; or
(ii) a police officer intends to serve, or has
5 served, on a person an interstate order
or an application for an interstate order
made against the person, or an
interstate protection notice issued
against the person; and".
10 (2) In section 159(2) of the Family Violence
Protection Act 2008, for "The police officer"
substitute "Subject to section 159A, the police
officer".
28 New section 159A inserted
15 After section 159 of the Family Violence
Protection Act 2008 insert--
"159A Applications for interstate orders--
additional requirements for direction or
search without warrant
20 If a police officer intends to serve or has
served an application for an interstate order
on a person, the police officer must not give
a direction under section 158(2) or enter and
search premises or a vehicle under
25 section 159(2) unless--
(a) the police officer is satisfied, on the
balance of probabilities, that the person
has committed family violence against
a person sought to be protected by the
30 order and is likely to continue to do so
or do so again; or
(b) the police officer believes on
reasonable grounds that the direction is,
or entry and search are, necessary to
35 ensure the safety of a person sought to
571343B.I-29/10/2013 19 BILL LA INTRODUCTION 29/10/2013
Justice Legislation Amendment (Miscellaneous) Bill 2013
Part 6--Amendment of Family Violence Protection Act 2008 and Personal
s. 29
Safety Intervention Orders Act 2010
be protected by the order pending final
determination of the application.".
29 Warrants to search premises and vehicles
(1) After section 160(1) of the Family Violence
5 Protection Act 2008 insert--
"(1A) A police officer may apply to a magistrate
for the issue of a search warrant in relation to
particular premises (including any vehicle on
or in those premises) or a particular vehicle
10 located in a public place if--
(a) the police officer intends to serve, or
has served, on a person an interstate
order or an application for an interstate
order made against the person, or an
15 interstate protection notice issued
against the person; and
(b) the police officer believes on
reasonable grounds that the person is in
possession of a firearm, a firearms
20 authority, ammunition or a weapon at
premises or in a vehicle, other than
premises at which the person resides or
has resided or at which the person
committed or allegedly committed
25 family violence or a vehicle registered
in the person's name.".
(2) In section 160(3)(b) of the Family Violence
Protection Act 2008, after "subsection (1)(b)(ii)"
insert "or (1A)".
30 30 Effect of surrender or seizure of firearm, weapon or
other article if final order made against person
(1) In section 164(1) of the Family Violence
Protection Act 2008, after "a final order" insert
"or a corresponding interstate order".
571343B.I-29/10/2013 20 BILL LA INTRODUCTION 29/10/2013
Justice Legislation Amendment (Miscellaneous) Bill 2013
Part 6--Amendment of Family Violence Protection Act 2008 and Personal
s. 31
Safety Intervention Orders Act 2010
(2) In section 164(2) of the Family Violence
Protection Act 2008--
(a) after "a final order" insert "or a
corresponding interstate order";
5 (b) in paragraph (b), after "the final order"
insert "or the corresponding interstate
order".
(3) In section 164(3) of the Family Violence
Protection Act 2008, after "a final order" insert
10 "or a corresponding interstate order".
31 Effect of surrender or seizure of firearm, weapon or
other article if no final order etc.
In section 165(1) of the Family Violence
Protection Act 2008--
15 (a) in paragraph (b), for "either" substitute
"one of the following occurs";
(b) in paragraph (b)(i), after "final order" insert
"or corresponding interstate order";
(c) in paragraph (b)(ii), for "time; and"
20 substitute "time; or";
(d) after paragraph (b)(ii) insert--
"(iii) the interstate protection notice expires
or is revoked and no application for an
interstate order has been made against
25 the person; and".
571343B.I-29/10/2013 21 BILL LA INTRODUCTION 29/10/2013
Justice Legislation Amendment (Miscellaneous) Bill 2013
Part 6--Amendment of Family Violence Protection Act 2008 and Personal
s. 32
Safety Intervention Orders Act 2010
Division 2--Amendment of Personal Safety Intervention
Orders Act 2010
32 New section 113A inserted
See: After the heading to Part 5 of the Personal Safety
Act No.
5 53/2010 Intervention Orders Act 2010 insert--
and
amending "113A Definitions
Act Nos
53/2010, In this Part--
20/2011,
16/2011, interstate interim order means an order that--
48/2011,
65/2011 and
52/2013.
(a) is made under a corresponding
10 LawToday: interstate law; and
www.
legislation. (b) substantially corresponds to an interim
vic.gov.au
order;
interstate order means--
(a) a corresponding interstate order; or
15 (b) an interstate interim order.".
33 Surrender of firearms and weapons
(1) For section 115(1)(a) of the Personal Safety
Intervention Orders Act 2010 substitute--
"(a) either--
20 (i) a personal safety intervention order has
been made against a person or a police
officer is satisfied, on the balance of
probabilities, that there are grounds under
section 35(1)(a) or 61(1)(a) for making
25 an order against a person; or
(ii) a police officer intends to serve, or has
served, on a person an interstate order
or an application for an interstate order
made against the person; and".
571343B.I-29/10/2013 22 BILL LA INTRODUCTION 29/10/2013
Justice Legislation Amendment (Miscellaneous) Bill 2013
Part 6--Amendment of Family Violence Protection Act 2008 and Personal
s. 34
Safety Intervention Orders Act 2010
(2) In section 115(2) of the Personal Safety
Intervention Orders Act 2010, for "The police
officer" substitute "Subject to section 116A, the
police officer".
5 34 Power of police officer to search premises for
firearms etc. without warrant
(1) For section 116(1)(a) of the Personal Safety
Intervention Orders Act 2010 substitute--
"(a) either--
10 (i) a personal safety intervention order has
been made against a person or a police
officer is satisfied, on the balance of
probabilities, that there are grounds under
section 35(1)(a) or 61(1)(a) for making
15 an order against a person; or
(ii) a police officer intends to serve, or has
served, on a person an interstate order
or an application for an interstate order
made against the person; and".
20 (2) In section 116(2) of the Personal Safety
Intervention Orders Act 2010, for "The police
officer" substitute "Subject to section 116A, the
police officer".
35 New section 116A inserted
25 After section 116 of the Personal Safety
Intervention Orders Act 2010 insert--
"116A Applications for interstate orders--
additional requirements for direction or
search without warrant
30 If a police officer intends to serve or has
served an application for an interstate order
on a person, the police officer must not give
a direction under section 115(2) or enter and
search premises or a vehicle under
35 section 116(2) unless--
571343B.I-29/10/2013 23 BILL LA INTRODUCTION 29/10/2013
Justice Legislation Amendment (Miscellaneous) Bill 2013
Part 6--Amendment of Family Violence Protection Act 2008 and Personal
s. 36
Safety Intervention Orders Act 2010
(a) the police officer is satisfied, on the
balance of probabilities, that the person
has--
(i) committed prohibited behaviour
5 against a person sought to be
protected by the order and--
(A) is likely to continue to do so
or do so again; and
(B) the person's prohibited
10 behaviour would cause a
reasonable person to fear for
his or her safety; or
(ii) stalked a person sought to be
protected by the order and is likely
15 to continue to do so or do so
again; or
(b) the police officer believes on
reasonable grounds that the direction is,
or entry and search are, necessary to
20 ensure the safety of a person sought to
be protected by the order pending final
determination of the application.".
36 Warrants to search premises and vehicles
(1) After section 117(1) of the Personal Safety
25 Intervention Orders Act 2010 insert--
"(1A) A police officer may apply to a magistrate
for the issue of a search warrant in relation to
particular premises (including any vehicle on
or in those premises) or a particular vehicle
30 located in a public place if--
(a) the police officer intends to serve, or
has served, on a person an interstate
order or an application for an interstate
order made against the person; and
571343B.I-29/10/2013 24 BILL LA INTRODUCTION 29/10/2013
Justice Legislation Amendment (Miscellaneous) Bill 2013
Part 6--Amendment of Family Violence Protection Act 2008 and Personal
s. 37
Safety Intervention Orders Act 2010
(b) the police officer believes on
reasonable grounds that the person is in
possession of a firearm, a firearms
authority, ammunition or a weapon at
5 premises or in a vehicle, other than
premises at which the person resides or
has resided or at which the person
committed or allegedly committed
prohibited behaviour or a vehicle
10 registered in the person's name.".
(2) In section 117(3)(b) of the Personal Safety
Intervention Orders Act 2010, after
"subsection (1)(b)(ii)" insert "or (1A)".
37 Effect of surrender or seizure of firearm, weapon or
15 other article if final order made against person
(1) In section 121(1) of the Personal Safety
Intervention Orders Act 2010, after "a final
order" insert "or a corresponding interstate order".
(2) In section 121(2) of the Personal Safety
20 Intervention Orders Act 2010--
(a) after "a final order" insert "or a
corresponding interstate order";
(b) in paragraph (b), after "the final order"
insert "or the corresponding interstate
25 order".
(3) In section 121(3) of the Personal Safety
Intervention Orders Act 2010, after "a final
order" insert "or a corresponding interstate order".
38 Effect of surrender or seizure of firearm, weapon or
30 other article if no final order etc.
In section 122(1)(b)(i) of the Personal Safety
Intervention Orders Act 2010, after "final order"
insert "or corresponding interstate order".
__________________
571343B.I-29/10/2013 25 BILL LA INTRODUCTION 29/10/2013
Justice Legislation Amendment (Miscellaneous) Bill 2013
Part 7--Amendment of Racing Act 1958
s. 39
PART 7--AMENDMENT OF RACING ACT 1958
See: 39 Definitions
Act No.
6353. In section 3(1) of the Racing Act 1958, insert the
Reprint No. 15 following definition--
as at
5 9 May 2013
and
"relevant person means--
amending
Act No. (a) a person who attends a race-meeting for
45/2003. the purpose of horse racing in Victoria;
LawToday:
www. or
legislation.
vic.gov.au (b) a person who participates, whether at a
10 racecourse or any other place, in an
activity connected with, or involving,
horse racing in Victoria or wagering on
horse racing in Victoria;".
40 New Division 2B inserted in Part I
15 After section 5D of the Racing Act 1958 insert--
"Division 2B--Rules of Racing Victoria
5E Definitions
In this Division--
Australian lawyer has the same meaning as
20 in the Legal Profession Act 2004;
Rules of Racing means the rules, for the
time being in force, of Racing Victoria.
5F Rules of Racing Victoria binding on
certain persons
25 (1) The Rules of Racing apply to and may be
enforced against--
(a) a person who is the holder of a licence,
registration, permit or other authority
issued by Racing Victoria; or
30 (b) subject to subsection (2), a relevant
person.
571343B.I-29/10/2013 26 BILL LA INTRODUCTION 29/10/2013
Justice Legislation Amendment (Miscellaneous) Bill 2013
Part 7--Amendment of Racing Act 1958
s. 40
(2) In relation to a relevant person, the Rules of
Racing must provide that, if there is to be an
investigation or inquiry in relation to horse
racing or wagering or both under the Rules
5 of Racing in which the Rules of Racing may
be applied to or enforced against a relevant
person--
(a) the investigation or inquiry must be
initiated by a Steward; and
10 (b) in conducting the investigation or
inquiry, the Steward must have
reasonable grounds to suspect the
relevant person--
(i) may have contravened the Rules
15 of Racing; or
(ii) may be involved in a
contravention of the Rules of
Racing; or
(iii) may have knowledge or
20 possession of information as to a
contravention of the Rules of
Racing--
because of--
(iv) the person's attendance at a race-
25 meeting of horse racing in
Victoria; or
(v) the person's participation in an
activity in connection with or
involving horse racing in Victoria
30 or wagering on horse racing in
Victoria.
571343B.I-29/10/2013 27 BILL LA INTRODUCTION 29/10/2013
Justice Legislation Amendment (Miscellaneous) Bill 2013
Part 7--Amendment of Racing Act 1958
s. 40
5G Hearings of RV Racing Appeals and
Disciplinary Board
The Rules of Racing must provide, in
relation to the RV Racing Appeals and
5 Disciplinary Board and proceedings before
the RV Racing Appeals and Disciplinary
Board under the Rules of Racing, for the
following--
(a) that the Board--
10 (i) may, if the parties to a proceeding
have been advised of the date,
time and venue of the hearing,
conduct the hearing in the
presence of the parties or
15 representatives of the parties, or
with only some of the parties or
representatives of the parties or
without any of the parties or
representatives of the parties;
20 (ii) may hear evidence by telephone,
closed circuit television or video
links;
(iii) may allow the evidence of a
Steward or an investigator to be
25 given on the notes of evidence
taken by the Steward or
investigator;
(iv) may conduct a proceeding on the
case stated by the parties to the
30 proceeding;
(v) may conduct the re-hearing of a
matter by affidavit, statutory
declaration or oral evidence;
(vi) is not required to conduct a
35 hearing as a de novo hearing;
571343B.I-29/10/2013 28 BILL LA INTRODUCTION 29/10/2013
Justice Legislation Amendment (Miscellaneous) Bill 2013
Part 7--Amendment of Racing Act 1958
s. 40
(vii) may conduct a proceeding in
private if the Board considers that
it is in the interests of justice, but
must otherwise hold its hearing in
5 public;
(viii) may review a decision being
appealed in full including in
circumstances where only part of
the decision has been objected to,
10 sought to be reviewed or
appealed;
(ix) may make interim orders;
(x) must give reasons for any decision
it makes;
15 (xi) is bound by the rules of natural
justice;
(xii) may otherwise regulate its own
procedure;
(b) that the Board may dismiss a
20 proceeding without hearing if the Board
is satisfied that the proceeding is
frivolous, vexatious, misconceived or
lacking substance;
(c) that a party to a proceeding before the
25 Board is entitled to be represented by
an Australian lawyer or any other
person;
(d) that the Chairperson or Deputy
Chairperson of the Board may give
30 directions in relation to the operation or
procedure of the Board;
(e) that directions referred to in
paragraph (d) must not be inconsistent
with this Act or the Rules of Racing.".
35
571343B.I-29/10/2013 29 BILL LA INTRODUCTION 29/10/2013
Justice Legislation Amendment (Miscellaneous) Bill 2013
Part 7--Amendment of Racing Act 1958
s. 41
41 New section 37BA inserted
After section 37B of the Racing Act 1958
insert--
"37BA Powers of the Racing Integrity
5 Commissioner conducting an inquiry
(1) Subject to subsection (2), sections 14, 15, 16
and 21A of the Evidence (Miscellaneous
Provisions) Act 1958 apply to the Racing
Integrity Commissioner conducting an
10 inquiry or investigation under this Part into a
controlling body or a person, club or other
body licensed or registered in accordance
with the rules of a controlling body as if the
Racing Integrity Commissioner were a board
15 or a chairman of a board appointed by the
Governor in Council.
(2) The powers conferred on the Racing
Integrity Commissioner under subsection (1)
may be exercised only in respect of the
20 following persons--
(a) a person licensed under the rules of a
controlling body;
(b) a person registered under the rules of a
controlling body;
25 (c) a member of the Board of a controlling
body;
(d) an employee of a controlling body;
(e) a member of a committee or other
managing body of a club registered
30 under the rules of a controlling body;
(f) an employee of a club registered under
the rules of a controlling body.
571343B.I-29/10/2013 30 BILL LA INTRODUCTION 29/10/2013
Justice Legislation Amendment (Miscellaneous) Bill 2013
Part 7--Amendment of Racing Act 1958
s. 42
(3) In subsection (2)(c), Board of a controlling
body means--
(a) in the case of horse racing, the Board of
Directors of Racing Victoria; or
5 (b) in the case of harness racing, Harness
Racing Victoria constituted under
Part II; or
(c) in the case of greyhound racing,
Greyhound Racing Victoria established
10 under Part III.".
42 Statute law revision--section 24A amended
In section 24A(6) and (11A) of the Racing
Act 1958, for "the Authority" substitute
"the Commission".
__________________
571343B.I-29/10/2013 31 BILL LA INTRODUCTION 29/10/2013
Justice Legislation Amendment (Miscellaneous) Bill 2013
Part 8--Amendment of Road Safety Camera Commissioner Act 2011
s. 43
PART 8--AMENDMENT OF ROAD SAFETY CAMERA
COMMISSIONER ACT 2011
43 Definitions
See: In section 3 of the Road Safety Camera
Act No.
5 47/2011 Commissioner Act 2011 in the definition of road
and safety camera system omit ", speed detectors".
amending
Act Nos
47/2011 and
55/2013.
LawToday:
www.
legislation.
vic.gov.au
44 New section 13A inserted
After section 13 of the Road Safety Camera
Commissioner Act 2011 insert--
10 "13A Delegation
The Commissioner may by instrument
delegate any power, function or duty of the
Commissioner under this Act, other than this
power of delegation, to a member of staff
15 employed under section 13.".
__________________
571343B.I-29/10/2013 32 BILL LA INTRODUCTION 29/10/2013
Justice Legislation Amendment (Miscellaneous) Bill 2013
Part 9--Amendments Relating to Sentencing Act 1991
s. 45
PART 9--AMENDMENTS RELATING TO SENTENCING ACT
1991
45 Proposed section 53 amended
In section 53(2) of the Sentencing Act 1991, as See:
Act No.
5 proposed to be inserted by section 47 of the 32/2013.
Sentencing Amendment (Abolition of Statute Book:
www.
Suspended Sentences and Other Matters) Act legislation.
2013-- vic.gov.au
(a) after "on the offender, if" insert "the court
10 considers";
(b) in paragraph (a) omit "the court considers".
46 Section 83AH amended
(1) In section 83AH(1) of the Sentencing Act 1991, See:
Act No.
for "83AC or 83AD" substitute "83AC, 83AD, 49/1991.
15 83ADA or 83ADB". Reprint No. 15
as at
30 September
(2) In section 83AH(2) of the Sentencing Act 1991, 2013
for "83AC or 83AD" substitute "83AC, 83AD, and
amending
83ADA or 83ADB". Act Nos
32/2013 and
46/2013.
LawToday:
www.
legislation.
vic.gov.au
47 Schedule 3 amended
20 (1) In clause 10(3) of Schedule 3 to the Sentencing
Act 1991 omit "or (1A)" (wherever occurring).
(2) For clause 10(3A) of Schedule 3 to the
Sentencing Act 1991 substitute--
'(3A) Subject to subclause (4) in respect of an
25 offence under subclause (1A)--
(a) if the offence was committed before the
commencement of section 50 of the
Sentencing Amendment (Abolition of
571343B.I-29/10/2013 33 BILL LA INTRODUCTION 29/10/2013
Justice Legislation Amendment (Miscellaneous) Bill 2013
Part 9--Amendments Relating to Sentencing Act 1991
s. 48
Suspended Sentences and Other
Matters) Act 2013--
(i) Divisions 1 and 2 of Part 3C apply
to the offence as if any reference
5 in Divisions 1 and 2 of that Part to
an offence against section 83AD
were a reference to an offence
under subclause (1A); and
(ii) section 63A(3), as in force
10 immediately before its repeal,
applies to the offence as if in that
section a reference to a "fine
conversion order or a fine default
unpaid community work order"
15 were a reference to an "old
community-based order (fines)";
and
(b) if the offence was committed on or
after the commencement of section 50
20 of the Sentencing Amendment
(Abolition of Suspended Sentences
and Other Matters) Act 2013,
Divisions 1 and 2 of Part 3C apply to
the offence as if any reference in
25 Divisions 1 and 2 of that Part to an
offence under section 83ADA
or 83ADB were a reference to an
offence under subclause (1A).'.
48 Statute law revision--section 47 amended
30 In section 69D(2) of the Sentencing Act 1991, as
proposed to be inserted by section 47 of the
Sentencing Amendment (Abolition of
Suspended Sentences and Other Matters) Act
2013, for "69O" substitute "section 69O".
571343B.I-29/10/2013 34 BILL LA INTRODUCTION 29/10/2013
Justice Legislation Amendment (Miscellaneous) Bill 2013
Part 9--Amendments Relating to Sentencing Act 1991
s. 49
49 Statute law revision--section 50 amended
In section 83ASA(1)(a) of the Sentencing Act
1991, as proposed to be inserted by section 50 of
the Sentencing Amendment (Abolition of
5 Suspended Sentences and Other Matters) Act
2013, for "is subsection (3)" substitute
"in subsection (3)".
50 Statute law revision--section 83AV amended
In section 83AV(2)(e) of the Sentencing Act
10 1991, for "48I(3)" substitute "section 48I(3)".
__________________
571343B.I-29/10/2013 35 BILL LA INTRODUCTION 29/10/2013
Justice Legislation Amendment (Miscellaneous) Bill 2013
Part 10--Amendment of Sex Work Act 1994
s. 51
PART 10--AMENDMENT OF SEX WORK ACT 1994
51 Repeal of sections 21L and 21M
See: Sections 21L and 21M of the Sex Work Act 1994
Act No.
102/1994. are repealed.
Reprint No. 8
as at
21 August
2013
and
amending
Act No.
102/1994.
LawToday:
www.
legislation.
vic.gov.au
__________________
571343B.I-29/10/2013 36 BILL LA INTRODUCTION 29/10/2013
Justice Legislation Amendment (Miscellaneous) Bill 2013
Part 11--Amendment of Summary Offences Act 1966
s. 52
PART 11--AMENDMENT OF SUMMARY OFFENCES ACT
1966
52 Offensive behaviour by a person in a motor vehicle
in a declared area
5 Section 18(6) of the Summary Offences Act See:
Act No.
1966 is repealed. 7405.
Reprint No. 11
as at
27 April 2012
and
amending
Act Nos
27/2011,
5/2012,
26/2012,
27/2012 and
32/2013.
LawToday:
www.
legislation.
vic.gov.au
__________________
571343B.I-29/10/2013 37 BILL LA INTRODUCTION 29/10/2013
Justice Legislation Amendment (Miscellaneous) Bill 2013
Part 12--General
s. 53
PART 12--GENERAL
53 Repeal of Act
This Act is repealed on 30 November 2015.
Note
5 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).
571343B.I-29/10/2013 38 BILL LA INTRODUCTION 29/10/2013
Justice Legislation Amendment (Miscellaneous) Bill 2013
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
571343B.I-29/10/2013 39 BILL LA INTRODUCTION 29/10/2013
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