JUSTICE LEGISLATION FURTHER AMENDMENT BILL 2010

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JUSTICE LEGISLATION FURTHER AMENDMENT BILL 2010

PARLIAMENT OF VICTORIA Justice Legislation Further Amendment Bill 2010 TABLE OF PROVISIONS Clause Page PART 1--PRELIMINARY 2 1 Purposes 2 2 Commencement 3 PART 2--CRIMES ACT 1958 5 3 Offences in relation to recordings 5 4 Retention of copy of recording 5 5 Use of recordings for training, teaching or testing purposes 6 6 New section 616 inserted 7 616 Transitional provision--Justice Legislation Further Amendment Act 2010 7 PART 3--LIQUOR CONTROL REFORM ACT 1998 8 7 New Part inserted 8 PART 8B--CLOSURE AND EVACUATION OF LICENSED PREMISES FOR FIRE AND EMERGENCY PURPOSES 8 Division 1--Preliminary 8 148S Definitions 8 Division 2--Power of Entry and Inspection 9 148T Appointment of fire safety inspector 9 148U Fire safety inspector's identity card 9 148V Production of identity card 10 148W Entry and search of certain premises for serious fire threat 10 148X Search of premises after entry authorised by any other Act 12 148Y Requirement to assist the fire safety inspector during search of certain premises 12 148Z Refusal or failure to comply with requirement 13 148ZA Offence to refuse entry to a fire safety inspector 13 148ZB Offence to give false or misleading information 13 561502B.I-12/8/2010 i BILL LA INTRODUCTION 12/8/2010

Clause Page Division 3--Closure and Evacuation Notices 14 148ZC Advice of fire safety inspector as to serious fire threat 14 148ZD Issue of closure and evacuation notice 15 148ZE Service of closure and evacuation notice 16 148ZF Issue and service of subsequent notice 16 148ZG Content of closure and evacuation notice 17 148ZH Direction to leave licensed premises 18 148ZI Fire safety inspector may request assistance of police 19 148ZJ Offence to fail or refuse to comply with a closure and evacuation notice or direction 19 148ZK Offence to allow entry 19 148ZL Sign must be displayed 20 148ZM Injunction to prevent or restrain a contravention 20 148ZN Notification of completion of rectification work 20 148ZO Inspection by fire safety inspector of rectification work 21 148ZP Revocation of closure and evacuation notice and subsequent notice 21 148ZQ Giving advice or a decision in writing or orally 22 Division 4--Delegation 22 148ZR Delegation by the Director 22 Division 5--General 23 148ZS Disclosure of information for enforcement purposes 23 148ZT Disclosure of information by the Director 24 148ZU Application for review of decision 26 148ZV Application for inquiry 26 148ZW VCAT must not order a stay of the notice 26 148ZX Power to serve an infringement notice 26 148ZY Infringement penalties 26 148ZZ Sunset provision 27 8 What may Tribunal do on an inquiry? 27 9 Disqualification 27 10 Endorsement of licence or permit by Tribunal 27 PART 4--DRUGS, POISONS AND CONTROLLED SUBSTANCES ACT 1981 28 11 New Part VAB inserted 28 PART VAB--ICE PIPES 28 80HA Definition 28 80HB Offence to display an ice pipe in a retail outlet 28 80HC Offence to sell or supply an ice pipe 29 80HD Seizure of ice pipes 29 80HE Retention and return of seized ice pipes 29 80HF Magistrates' Court may extend 3 month period 30 561502B.I-12/8/2010 ii BILL LA INTRODUCTION 12/8/2010

Clause Page 80HG Forfeiture and destruction of seized ice pipe 31 80HH Court may order forfeiture to the Crown 31 PART 5--AMENDMENT OF OTHER ACTS 32 Division 1--Children, Youth and Families Act 2005 32 12 Conditions of interim accommodation order 32 13 Duration of interim accommodation order 32 14 Extension of interim accommodation order 33 Division 2--Corrections Act 1986 33 15 Secrecy 33 Division 3--Country Fire Authority Act 1958 34 16 Penalties in relation to returns 34 17 Penalty for failure to make payment 34 18 Adjustment of contribution 34 Division 4--Emergency Management Act 1986 35 19 Control of response to fires 35 Division 5--Fair Work (Commonwealth Powers) Act 2009 35 20 Definitions 35 Division 6--Legal Profession Act 2004 36 21 New section 6.7.1A inserted in Legal Profession Act 2004 36 6.7.1A Financial arrangements for Public Purpose Fund 36 22 Financial arrangements for Public Purpose Fund 36 Division 7--Metropolitan Fire Brigades Act 1958 37 23 Penalties in relation to returns 37 24 Penalty for failure to make payment 37 25 Adjustment of contribution 37 26 Hotels theatres etc. to keep life-saving apparatus etc. 37 Division 8--Serious Sex Offenders (Detention and Supervision) Act 2009 38 27 Offence to publish certain information 38 PART 6--AUTHORISED VERSIONS 39 28 New Part V inserted--Authorised Versions 39 PART V--AUTHORISED VERSIONS 39 60 Definitions 39 61 Effect of Part 40 62 Authorisation of electronic version 40 561502B.I-12/8/2010 iii BILL LA INTRODUCTION 12/8/2010

Clause Page 63 Printed copy of authorised electronic version 41 64 Evidentiary provisions 41 PART 7--MISSING PERSONS' ESTATES 42 29 New Part 5A inserted 42 PART 5A--ADMINISTRATION ORDERS IN RESPECT OF THE ESTATE OF A MISSING PERSON 42 60AA Application for administration in respect of the estate of a missing person 42 60AB Appointment of administrator in respect of the estate of a missing person 42 60AC Administrator to notify Tribunal 44 60AD Order to remove an administrator 44 60AE Duration of order 46 60AF Application for temporary order 46 60AG Temporary order 47 60AH Operation of Part 49 60AI Application of Parts 5, 6 and 6A 50 60AJ Application of objects of this Act 52 30 Consequential amendment to purpose 52 31 Consequential amendment to definitions 52 32 Consequential amendment to objects of Act 53 33 Consequential amendments to Schedule 1 of the Victorian Civil and Administrative Tribunal Act 1998 54 PART 8--AMENDMENT OF GAMBLING LEGISLATION 55 Division 1--Gambling Regulation Act 2003 55 34 Definitions 55 35 New section 1.3B inserted 55 1.3B Meaning of electronic monitoring system 55 36 Definitions--Chapter 3 56 37 Definitions--Part 2A of Chapter 3 57 38 Authority conferred by venue operator's licence 57 39 New section 3.4.1B inserted 58 3.4.1B Venue operator must comply with standards and operational requirements 58 40 Authority conferred by monitoring licence 59 41 New section 3.4.4B inserted 60 3.4.4B Monitoring licensee must comply with standards and operational requirements 60 42 Authority conferred by gaming machine entitlements 61 43 Gaming machine entitlements may authorise preparatory action 61 561502B.I-12/8/2010 iv BILL LA INTRODUCTION 12/8/2010

Clause Page 44 Manufacture, sale, supply, obtaining or possession of gaming machines 62 45 Wagering tax 62 46 New sections 10.1.5B and 10.1.5C inserted 65 10.1.5B Standards for the approval of linked jackpot arrangements, the conduct of gaming and the conduct of monitoring 65 10.1.5C Operational requirements in relation to linked jackpot arrangements, conduct of gaming and the conduct of monitoring 66 47 New Part 25 of Schedule 7 inserted 67 PART 25--GAMBLING LEGISLATION AMENDMENT ACT 2010 67 25.1 Definition of electronic monitoring system 67 Division 2--Gambling Regulation Further Amendment Act 2009 68 48 Definitions 68 49 Possession of gaming machines may be authorised 68 50 Licensing of operators 69 51 Section 119 repealed--references to restricted gaming components or restricted monitoring components 69 52 Section 126 repealed--references to restricted gaming components 69 53 Section 127 repealed--references to restricted gaming components or restricted monitoring components 70 PART 9--CAYPINS AMENDMENTS 71 Division 1--Amendments to the Children, Youth and Families Act 2005 71 54 Time limits for filing a charge-sheet 71 55 Application for registration of infringement penalty 71 56 Decision to go to Court 71 57 New section 616A inserted 72 616A Transitional provision--Justice Legislation Further Amendment Act 2010 (Caypins) 72 Division 2--Amendments to Infringements Act 2006 73 58 Decision to go to Court--lodgeable infringement offences 73 59 Decision to go to court--children 73 561502B.I-12/8/2010 v BILL LA INTRODUCTION 12/8/2010

Clause Page PART 10--JUDICIAL AND OTHER IMMUNITIES 74 60 Children, Youth and Families Act 2005--Protection of registrars 74 61 Coroners Act 2008--Protection of coroners and registrars 74 62 County Court Act 1958--New section 19 inserted 74 19 Protection of registrars 74 63 Magistrates' Court Act 1989--Protection of magistrates 75 64 Magistrates' Court Act 1989--Protection of registrars 75 65 Supreme Court Act 1986--Powers and functions of costs registrar 75 66 Supreme Court Act 1986--New Division 3B of Part 2 inserted 76 Division 3B--Immunities and protections 76 24D Immunity and protection of Judge of Court extends to administrative functions 76 24E Immunity and protection of Associate Judges 76 24F Immunity and protection of specified court officers 76 67 Victims of Crime Assistance Act 1996--Protection of members, advocates and witnesses 77 68 Victorian Civil and Administrative Tribunal Act 1998-- Immunity of participants 77 PART 11--AMENDMENT OF PROSTITUTION CONTROL ACT 1994 78 69 New Part 2A inserted 78 PART 2A--BANNING NOTICES 78 21B Definitions 78 21C Issue of banning notice 78 21D Content of banning notice 80 21E Requirement to give name and address 81 21F Variation and revocation of banning notice 83 21G Offence to contravene banning notice or fail to comply with police directions 83 21H Direction to leave declared area 84 21I Police may use reasonable force to remove person 86 21J Infringement notices 86 21K Relevant police members 86 21L Report by Chief Commissioner 87 21M Sunset provision 88 561502B.I-12/8/2010 vi BILL LA INTRODUCTION 12/8/2010

Clause Page PART 12--REPEAL OF AMENDING ACT 89 70 Repeal of amending Act 89 ENDNOTES 90 561502B.I-12/8/2010 vii BILL LA INTRODUCTION 12/8/2010

PARLIAMENT OF VICTORIA Introduced in the Assembly Justice Legislation Further Amendment Bill 2010 A Bill for an Act to amend the Children, Youth and Families Act 2005, the Coroners Act 2008, the Corrections Act 1986, the Country Fire Authority Act 1958, the County Court Act 1958, the Crimes Act 1958, the Drugs, Poisons and Controlled Substances Act 1981, the Emergency Management Act 1986, the Gambling Regulation Act 2003, the Gambling Regulation Further Amendment Act 2009, the Guardianship and Administration Act 1986, the Infringements Act 2006, the Interpretation of Legislation Act 1984, the Legal Profession Act 2004, the Liquor Control Reform Act 1998, the Magistrates' Court Act 1989, the Metropolitan Fire Brigades Act 1958, the Prostitution Control Act 1994, the Serious Sex Offenders (Detention and Supervision) Act 2009, the Supreme Court Act 1986, the Victims of Crime Assistance Act 1996, the Victorian Civil and Administrative Tribunal Act 1998, and for other purposes. The Parliament of Victoria enacts: 561502B.I-12/8/2010 1 BILL LA INTRODUCTION 12/8/2010

Justice Legislation Further Amendment Bill 2010 Part 1--Preliminary s. 1 PART 1--PRELIMINARY 1 Purposes The main purposes of this Act are-- (a) to amend the Liquor Control Reform Act 5 1998 to provide for processes as to closure and evacuation of a licensed premises in relation to fire or an emergency; (b) to amend the Corrections Act 1986 to enable the Sheriff to access and use 10 information controlled by Corrections Victoria in the performance of duties; (c) to amend the Crimes Act 1958 to enable agencies, other than the police force, investigating indictable criminal matters to 15 utilise the digital evidence capture scheme; (d) to amend the Drugs, Poisons and Controlled Substances Act 1981 to provide for the banning of the sale, supply and display of ice pipes in Victoria; 20 (e) to amend the Gambling Regulation Act 2003 and the Gambling Regulation Further Amendment Act 2009 to make further provision in relation to-- (i) the regulatory arrangements for 25 monitoring and linked jackpots; and (ii) the payment of taxes in respect of wagering; (f) to amend the Interpretation of Legislation Act 1984 to provide for authorised versions 30 of legislation; (g) to amend the Guardianship and Administration Act 1986 to enable the making of administration orders and temporary administration orders in respect of 561502B.I-12/8/2010 2 BILL LA INTRODUCTION 12/8/2010

Justice Legislation Further Amendment Bill 2010 Part 1--Preliminary s. 2 the estate of a missing person and to consequentially amend the Victorian Civil and Administrative Tribunal Act 1998; (h) to amend the Children, Youth and Families 5 Act 2005 and the Infringements Act 2006 in relation to extension of time to commence proceedings for certain offences for which an infringement notice is served; (i) to amend the Supreme Court Act 1986, the 10 County Court Act 1958, the Magistrates' Court Act 1989 and certain other Acts to extend the immunity provided to a Judge of the Supreme Court, an Associate Judge of the Supreme Court and other judicial and 15 non-judicial officers; (j) to amend the Serious Sex Offenders (Detention and Supervision) Act 2009 to enable media organisations to publish the identity and location of an offender, on the 20 request of the police, in certain circumstances; (k) to amend the Prostitution Control Act 1994 to provide for the issuing of banning notices in certain declared areas to persons who 25 solicit the services of prostitutes contrary to section 12(2)(b) of that Act; (l) to make minor amendment to these and other Acts. 2 Commencement 30 (1) Part 1 and Part 9 come into operation on the day after the day on which this Act receives the Royal Assent. (2) Part 2 comes into operation on 1 November 2010. (3) Part 6 comes into operation on 1 January 2011. 561502B.I-12/8/2010 3 BILL LA INTRODUCTION 12/8/2010

Justice Legislation Further Amendment Bill 2010 Part 1--Preliminary s. 2 (4) Section 21 is taken to have come into operation on 12 December 2005. (5) Section 22 comes into operation on 1 July 2011. (6) Subject to subsection (7), Part 7 comes into 5 operation on a day to be proclaimed. (7) If Part 7 does not come into operation before 1 July 2011 it comes into operation on that day. (8) Subject to subsections (9), (10) and (11), the remaining provisions of this Act come into 10 operation on a day or days to be proclaimed. (9) If a provision of this Act referred to in subsection (8) (except Parts 8 and 11) does not come into operation before 1 October 2011, it comes into operation on that day. 15 (10) If a provision of Part 8 does not come into operation before 1 September 2012, it comes into operation on that day. (11) If a provision of Part 11 does not come into operation before 1 January 2011, it comes into 20 operation on that day. __________________ 561502B.I-12/8/2010 4 BILL LA INTRODUCTION 12/8/2010

Justice Legislation Further Amendment Bill 2010 Part 2--Crimes Act 1958 s. 3 PART 2--CRIMES ACT 1958 3 Offences in relation to recordings (1) In section 464JA(1) of the Crimes Act 1958, in See: Act No. the definition of authorised person after 6231. 5 paragraph (p) insert-- Reprint No. 22 as at 17 March "(q) an investigating official or person acting 2010 under his or her direction; and amending (r) a person engaged by a Department or agency Act Nos 16/2004, to store or retrieve a record.". 9/2008, 87/2009 and 10 (2) For section 464JA(3)(a) of the Crimes Act 1958 13/2010. substitute-- LawToday: www. legislation. "(a) the recording is played for purposes vic.gov.au connected with any civil or criminal proceeding and any inquiry before any court 15 or tribunal; or". (3) In section 464JA(6) of the Crimes Act 1958 after "a recording" insert "while the recording is being retained under section 464JC". 4 Retention of copy of recording 20 (1) In section 464JC(1) of the Crimes Act 1958 insert the following definition-- "Department Head has the same meaning as in the Public Administration Act 2004;". (2) In section 464JC(2) of the Crimes Act 1958, after 25 "a recording" insert ", if the recording has been made by a member of the police force in the course of an investigation,". (3) In section 464JC(2) of the Crimes Act 1958 omit "for a period of 7 years from the making of the 30 recording". 561502B.I-12/8/2010 5 BILL LA INTRODUCTION 12/8/2010

Justice Legislation Further Amendment Bill 2010 Part 2--Crimes Act 1958 s. 5 (4) After section 464JC(2) of the Crimes Act 1958 insert-- "(2A) If the recording has been made by an authorised person who is not a member of 5 the police force, the recording must be kept in the custody of the Department Head for the Department, where the authorised person made the recording in the course of carrying out duties for or on behalf of that 10 Department. (2B) A recording referred to in subsection (2) or (2A) must be kept for a period of 7 years from the making of the recording.". (5) In section 464JC(3) of the Crimes Act 1958, after 15 "Chief Commissioner of Police" insert "or the Department Head". (6) In section 464JC(5) of the Crimes Act 1958-- (a) in paragraph (a), after "Chief Commissioner of Police" insert "or the Department Head"; 20 (b) in paragraph (b), after "Chief Commissioner of Police" insert "or the Department Head". 5 Use of recordings for training, teaching or testing purposes (1) In the definition of prescribed person in section 25 464JD(1) of the Crimes Act 1958-- (a) at the end of paragraph (c) omit "or"; (b) after paragraph (d) insert-- "(e) an investigating official or a person acting under his or her direction;". 561502B.I-12/8/2010 6 BILL LA INTRODUCTION 12/8/2010

Justice Legislation Further Amendment Bill 2010 Part 2--Crimes Act 1958 s. 6 6 New section 616 inserted At the end of Part 7 of the Crimes Act 1958 insert-- "616 Transitional provision--Justice 5 Legislation Further Amendment Act 2010 The amendments made to sections 464JA, 464JC and 464JD by Part 2 of the Justice Legislation Further Amendment Act 2010 apply to an audio recording or an 10 audiovisual recording made on or after the commencement of that Part.". __________________ 561502B.I-12/8/2010 7 BILL LA INTRODUCTION 12/8/2010

Justice Legislation Further Amendment Bill 2010 Part 3--Liquor Control Reform Act 1998 s. 7 PART 3--LIQUOR CONTROL REFORM ACT 1998 7 New Part inserted See: After Part 8A of the Liquor Control Reform Act Act No. 94/1998. 1998 insert-- Reprint No. 5 as at 5 1 April 2010 "PART 8B--CLOSURE AND EVACUATION OF and LICENSED PREMISES FOR FIRE AND amending EMERGENCY PURPOSES Act Nos 9/2008, 88/2009, 13/2010 and Division 1--Preliminary 18/2010. LawToday: www. 148S Definitions legislation. 10 vic.gov.au In this Part-- authorised person has the same meaning as in Division 3 of Part 8; Chief Officer means-- (a) in relation to licensed premises in 15 the metropolitan district (within the meaning of the Metropolitan Fire Brigades Act 1958) the Chief Officer of the Metropolitan Fire and Emergency Services 20 Board appointed under the Metropolitan Fire Brigades Act 1958; or (b) in relation to any other premises, the Chief Officer of the Country 25 Fire Authority appointed under the Country Fire Authority Act 1958; closure and evacuation notice means a notice issued under section 148ZD; 30 emergency has the same meaning as in the Metropolitan Fire Brigades Act 1958; 561502B.I-12/8/2010 8 BILL LA INTRODUCTION 12/8/2010

Justice Legislation Further Amendment Bill 2010 Part 3--Liquor Control Reform Act 1998 s. 7 fire safety inspector means the Chief Officer or a person appointed under section 148T; municipal building surveyor has the same 5 meaning as in the Building Act 1993; premises searched means that part of a premises that a fire safety inspector may enter and search under section 148W(1); 10 serious fire threat means, in relation to a licensed premises, a serious threat that exists or could arise to the health or safety of any person in, or in close proximity to the premises in relation to 15 fire or an emergency. Division 2--Power of Entry and Inspection 148T Appointment of fire safety inspector The Chief Officer may, by instrument, appoint as a fire safety inspector any 20 person-- (a) who is a person employed by the Board under section 25B of the Metropolitan Fire Brigades Act 1958 or; (b) who is an employee appointed under 25 the Country Fire Authority Act 1958. 148U Fire safety inspector's identity card (1) The Chief Officer must issue an identity card to each fire safety inspector. (2) An identity card must contain-- 30 (a) the photograph and name of the fire safety inspector to whom it is issued; and 561502B.I-12/8/2010 9 BILL LA INTRODUCTION 12/8/2010

Justice Legislation Further Amendment Bill 2010 Part 3--Liquor Control Reform Act 1998 s. 7 (b) a statement that the fire safety inspector is able to exercise the powers of entry and search under this Part. 148V Production of identity card 5 (1) A fire safety inspector must produce his or her identity card for inspection-- (a) before exercising a power under this Part other than a requirement made by post; and 10 (b) at any time during the exercise of a power under this Part, if asked to do so. Penalty: 1 penalty unit. (2) Any action or thing done by a fire safety inspector is not invalidated by his or her 15 failure to produce his or her identity card. 148W Entry and search of certain premises for serious fire threat (1) A fire safety inspector may enter, at any time without prior notice that part of any premises 20 that is-- (a) licensed premises; or (b) in close proximity to licensed premises-- (with the assistance, if necessary, of a 25 member of the police force) if he or she suspects on reasonable grounds that there is a serious fire threat to those premises. Note A part of the premises that is in close proximity to the 30 licensed premises include an area used for the management or operation of the business such as a kitchen or storage area. 561502B.I-12/8/2010 10 BILL LA INTRODUCTION 12/8/2010

Justice Legislation Further Amendment Bill 2010 Part 3--Liquor Control Reform Act 1998 s. 7 (2) On entering the premises under subsection (1), the fire safety inspector may do all or any of the following-- (a) search, examine and make enquires at 5 the premises; (b) search and examine any thing including a document, record, equipment or thing found during the search which the fire safety inspector reasonably believes 10 may assist in determining if there is a serious fire threat; (c) make copies of any document; (d) make a sketch or any still or moving image or audio-visual recording of any 15 equipment or thing found during the search. (3) If a fire safety inspector exercises a power of entry under this section, the fire safety inspector must, on leaving the premises, 20 leave a notice setting out-- (a) the time of entry; and (b) the purpose of entry; and (c) the time of departure; and (d) the procedure for contacting the fire 25 safety inspector for further details of the entry. (4) A fire safety inspector must not exercise a power under this section in any part of a premises that is used for residential purposes. 561502B.I-12/8/2010 11 BILL LA INTRODUCTION 12/8/2010

Justice Legislation Further Amendment Bill 2010 Part 3--Liquor Control Reform Act 1998 s. 7 148X Search of premises after entry authorised by any other Act (1) If a fire safety inspector, under any other Act, enters a premises on which a licensed 5 premises is situated, and the fire safety inspector believes on reasonable grounds that there is a serious fire threat in relation to the licensed premises or premises in close proximity to the licensed premises, he or she 10 may carry out a search of the premises under section 148W. (2) Before conducting a search in circumstances where subsection (1) applies, the fire safety inspector must advise the licensee or 15 permittee or person who appears to have management or control of the licensed premises that he or she is going to conduct the search. 148Y Requirement to assist the fire safety 20 inspector during search of certain premises A fire safety inspector in the course of carrying out a search under this Part may to the extent that it is reasonably necessary to 25 determine a serious fire threat in relation to the licensed premises require the licensee or permittee or person who appears to have management or control of the licensed premises-- 30 (a) to give information to the fire safety inspector orally or in writing; or (b) to produce documents to the fire safety inspector; or (c) to give reasonable assistance to the fire 35 safety inspector in the exercise of the power. 561502B.I-12/8/2010 12 BILL LA INTRODUCTION 12/8/2010

Justice Legislation Further Amendment Bill 2010 Part 3--Liquor Control Reform Act 1998 s. 7 148Z Refusal or failure to comply with requirement A person must not, without reasonable excuse, refuse or fail to comply with a 5 requirement of a fire safety inspector under section 148Y. Penalty: 60 penalty units. 148ZA Offence to refuse entry to a fire safety inspector 10 A licensee, permittee or person who appears to have management or control of a licensed premises must not refuse to allow a fire safety inspector to enter the premises. Penalty: 60 penalty units. 15 148ZB Offence to give false or misleading information A person must not-- (a) give information to a fire safety inspector under this Part that the person 20 believes to be false or misleading in any material particular; or (b) produce a document to a fire safety inspector under this Part that the person knows to be false or misleading in a 25 material particular without indicating the respect in which it is false or misleading and, if practicable, providing correct information. Penalty: 60 penalty units. 561502B.I-12/8/2010 13 BILL LA INTRODUCTION 12/8/2010

Justice Legislation Further Amendment Bill 2010 Part 3--Liquor Control Reform Act 1998 s. 7 Division 3--Closure and Evacuation Notices 148ZC Advice of fire safety inspector as to serious fire threat (1) A fire safety inspector who reasonably 5 believes that a serious fire threat to a premises searched exists must advise the Director of his or her belief. (2) In forming a reasonable belief under subsection (1) a fire safety inspector may 10 have regard to-- (a) any inadequacy of existing fire safety equipment or features on the premises; or (b) any failure to maintain existing fire 15 safety equipment or features to a standard of safety and reliability in the event of a fire; or (c) any inadequacy of exit signage, emergency lighting or access to the 20 means of egress from the premises; or (d) any inadequacy, isolation or disconnection of a fire or smoke detection system, sprinkler system, alarm or alarm monitoring system, or 25 other warning system; or (e) any activity that is undertaken on the premises; or (f) any such condition or combination of conditions on the premises. 30 (3) Before advising the Director under subsection (1) a fire safety inspector may if he or she believes it is appropriate to do so, having regard to the serious fire threat and the time required to rectify a matter on which 561502B.I-12/8/2010 14 BILL LA INTRODUCTION 12/8/2010

Justice Legislation Further Amendment Bill 2010 Part 3--Liquor Control Reform Act 1998 s. 7 the fire safety inspector has formed the reasonable belief-- (a) offer a licensee or permittee an opportunity to carry out immediate 5 rectification work within the period of the search; and (b) may require an additional temporary measure be taken while the immediate rectification work is carried out under 10 paragraph (a). Note An additional temporary measure that may be required could include that alcohol is not served, the lights are turned on or music is not played or patrons 15 not admitted to the premises during a period of time offered under section 148ZC(3). 148ZD Issue of closure and evacuation notice (1) The Director on receipt of the advice of a fire safety inspector under section 148ZC(1) 20 must, if satisfied that the requirements of this Part have been met, issue a notice-- (a) requiring the licensed premises to be closed; and (b) requiring the licensed premises to be 25 evacuated. (2) If the Director on receipt of the advice of a fire safety inspector under section 148ZC(1) is not satisfied that the requirements of this Part have been met, he or she may-- 30 (a) instruct the fire safety inspector to satisfy any requirement of this Part; or (b) instruct the fire safety inspector to leave the premises searched without taking further action. 561502B.I-12/8/2010 15 BILL LA INTRODUCTION 12/8/2010

Justice Legislation Further Amendment Bill 2010 Part 3--Liquor Control Reform Act 1998 s. 7 (3) The Director must record in writing any instruction given to a fire safety inspector under subsection (2) and the issuing of a notice under subsection (1). 5 148ZE Service of closure and evacuation notice (1) On the Director issuing a closure and evacuation notice, the fire safety inspector on whose advice the notice was issued must sign a copy of the notice that complies with 10 section 148ZG and serve the copy of the notice on the licensee, permittee or person who appears to have management or control of the licensed premises. (2) A closure and evacuation notice comes into 15 effect when the copy of the notice is served under subsection (1). 148ZF Issue and service of subsequent notice (1) The Director on receipt of the advice of a fire safety inspector may issue a subsequent 20 notice in relation to work that must be completed to rectify the fire safety threat contained in a notice issued under section 148ZD. (2) The Director must record in writing the 25 issuing of a subsequent notice under subsection (1). (3) On the Director issuing a subsequent notice, the fire safety inspector on whose advice the notice was issued must sign a copy of the 30 subsequent notice and serve a copy of the notice on the licensee, permittee or person who appears to have management or control of the licensed premises within 48 hours after the service of the initial closure and 35 evacuation notice. 561502B.I-12/8/2010 16 BILL LA INTRODUCTION 12/8/2010

Justice Legislation Further Amendment Bill 2010 Part 3--Liquor Control Reform Act 1998 s. 7 148ZG Content of closure and evacuation notice A closure and evacuation notice must be in the prescribed form and must contain the following information-- 5 (a) the name and address of the licensed premises to which the notice applies; and (b) the name and position of the fire safety inspector that served the notice; and 10 (c) the time and date that the notice was given and takes effect; and (d) the work that must be completed to the satisfaction of the fire safety inspector to rectify the serious fire threat; and 15 (e) the fact that the licensee or permittee may request the fire safety inspector conduct an inspection of work completed to rectify a serious fire threat; and 20 (f) the fact that the licensee or permittee must notify the Director in writing that the work to rectify a serious fire threat has been completed; and (g) the fact that the notice may be revoked 25 by the Director under section 148ZP; and (h) the fact that it is an offence not to comply with the notice; and (i) the fact that it is an offence to allow a 30 person to enter the licensed premises until the notice is revoked except to a person engaged in carrying out the rectification work specified in this notice; and 561502B.I-12/8/2010 17 BILL LA INTRODUCTION 12/8/2010

Justice Legislation Further Amendment Bill 2010 Part 3--Liquor Control Reform Act 1998 s. 7 (j) the fact that it is an offence not to display the sign at all entrances and exits of the licensed premises; and (k) the maximum penalties for those 5 offences; and (l) the fact that the fire safety inspector may within 48 hours after the service of an initial closure and evacuation notice provide a subsequent notice containing 10 additional information about the work that must be completed to rectify the serious fire threat. 148ZH Direction to leave licensed premises (1) Subject to subsection (2), a fire safety 15 inspector or an authorised person while a closure and evacuation notice is in force may direct any person in the licensed premises to which the notice applies to leave the licensed premises in the manner directed. 20 (2) The fire safety inspector or an authorised person must-- (a) produce his or her identity card before exercising a power under subsection (1); and 25 (b) inform the person that-- (i) the fire safety inspector or authorised person is empowered to direct the person to leave the licensed premises; and 30 (ii) it is an offence to fail to comply with the direction. (3) A direction under subsection (1)-- (a) may be given orally or in writing; and 561502B.I-12/8/2010 18 BILL LA INTRODUCTION 12/8/2010

Justice Legislation Further Amendment Bill 2010 Part 3--Liquor Control Reform Act 1998 s. 7 (b) must be reasonable in all the circumstances. (4) A member of the police force may exercise a power under this section if a request for 5 assistance has been made under section 148ZI by the fire safety inspector. 148ZI Fire safety inspector may request assistance of police The fire safety inspector may request the 10 assistance of a member of the police force to effect the immediate closure and evacuation of a licensed premises under a closure and evacuation notice. 148ZJ Offence to fail or refuse to comply with a 15 closure and evacuation notice or direction (1) A licensee or permittee to whom a closure and evacuation notice applies must not contravene the notice. Penalty: 240 penalty units. 20 (2) A person must comply with any direction given by a fire safety inspector or an authorised person under section 148ZH. Penalty: 20 penalty units. 148ZK Offence to allow entry 25 After the service of a closure and evacuation notice a licensee or permittee must not allow a person to enter the licensed premises until the notice is revoked under section 148ZP, except to allow entry to a person engaged in 30 carrying out the rectification work specified in the notice. Penalty: 120 penalty units. 561502B.I-12/8/2010 19 BILL LA INTRODUCTION 12/8/2010

Justice Legislation Further Amendment Bill 2010 Part 3--Liquor Control Reform Act 1998 s. 7 148ZL Sign must be displayed (1) A licensee or permittee must cause a sign to be displayed at all entrances and exits of the licensed premises when a closure and 5 evacuation notice is in force in respect of the premises. Penalty: 10 penalty units. (2) A sign displayed under subsection (1), must be in a form approved by the Director and 10 include the prescribed particulars. 148ZM Injunction to prevent or restrain a contravention The Director may apply to the Supreme Court for an injunction to prevent or restrain 15 the licensee or permittee from contravening a closure and evacuation notice. 148ZN Notification of completion of rectification work (1) The licensee or permittee must give notice to 20 the Director in writing on completion of the rectification work required by a closure and evacuation notice and a subsequent notice issued under section 148ZF if any. (2) The Director on receiving notice under 25 subsection (1) must request that a fire safety inspector inspect the licensed premises. (3) The fire safety inspector must inspect the premises within 48 hours of being requested to do so by the Director under subsection (2). 561502B.I-12/8/2010 20 BILL LA INTRODUCTION 12/8/2010

Justice Legislation Further Amendment Bill 2010 Part 3--Liquor Control Reform Act 1998 s. 7 148ZO Inspection by fire safety inspector of rectification work On inspecting the licensed premises under section 148ZN(3) or on request of the 5 licensee or permittee, the fire safety inspector must advise the Director if the work required to rectify the serious fire threat has or has not been satisfactorily completed. 10 148ZP Revocation of closure and evacuation notice and subsequent notice (1) If the fire safety inspector advises the Director that the work required to rectify the serious fire threat has been satisfactorily 15 completed, the Director must revoke the closure and evacuation notice and any subsequent notice. (2) If the Director revokes the closure and evacuation notice and any subsequent notice 20 under subsection (1) the fire safety inspector must sign a document that records the revocation of the notice and any subsequent notice and serve the document on the licensee, permittee or a person who appears 25 to have management or control of the licensed premises. (3) The revocation of the closure and evacuation notice and any subsequent notice comes into effect on the service of the document under 30 subsection (2). (4) A document under subsection (2) must be in the prescribed form. (5) The Director must record in writing a decision to revoke a closure and evacuation 35 notice and any subsequent notice. 561502B.I-12/8/2010 21 BILL LA INTRODUCTION 12/8/2010

Justice Legislation Further Amendment Bill 2010 Part 3--Liquor Control Reform Act 1998 s. 7 148ZQ Giving advice or a decision in writing or orally (1) A fire safety inspector may give advice under section 148ZC, 148ZF or 148ZO to 5 the Director in writing or orally. (2) The Director may advise a fire safety inspector of an instruction or decision under section 148ZD, 148ZF or 148ZP in writing or orally. 10 (3) If a fire safety inspector signs and serves a document under this Part after receiving oral advice as to an instruction or direction of the Director, a copy of the document must be provided to the Director within 48 hours. 15 (4) If the Director has advised the fire safety inspector orally as to an instruction or direction under this Part, the Director must provide a copy of the record of decision or instruction to the fire safety inspector within 20 5 working days of giving advice of the instruction or decision orally. Division 4--Delegation 148ZR Delegation by the Director (1) The Director by instrument may delegate to 25 an employee employed under Part 3 of the Public Administration Act 2004 any power, duty or function of the Director under this Part, other than this power of delegation. (2) A delegation under subsection (1) may be 30 made-- (a) in relation to a person specified in the instrument of delegation; or 561502B.I-12/8/2010 22 BILL LA INTRODUCTION 12/8/2010

Justice Legislation Further Amendment Bill 2010 Part 3--Liquor Control Reform Act 1998 s. 7 (b) in relation to the holder, or the holder from time to time, of an office specified, in the instrument of delegation. 5 Division 5--General 148ZS Disclosure of information for enforcement purposes (1) If the Director obtains information in the course of administering or carrying out 10 functions, powers or duties under this Part, the Director may disclose that information to-- (a) the Chief Officer, and (b) subject to section 148ZT a municipal 15 building surveyor of a Council; and (c) a member of the police force. (2) The information that may be disclosed by the Director to a person under subsection (1) includes-- 20 (a) the fact that a closure and evacuation notice has been issued; and (b) the name of the licensee or permittee to whom the closure and evacuation notice has been issued; and 25 (c) the time and date that the closure and evacuation notice took effect; and (d) a copy of the closure and evacuation notice; and (e) any subsequent notice; and 561502B.I-12/8/2010 23 BILL LA INTRODUCTION 12/8/2010

Justice Legislation Further Amendment Bill 2010 Part 3--Liquor Control Reform Act 1998 s. 7 (f) any information related to a search conducted under section 148W that the Director considers necessary for the purpose of the effective and efficient 5 enforcement of a relevant provision of the Building Act 1993; and (g) the fact that the closure and evacuation notice has been revoked. (3) Any information disclosed by the Director 10 under subsection (2) must not be used by-- (a) the Chief Officer, except for the enforcement of this Part or a relevant provision of the Metropolitan Fire Brigades Act 1958 or the Country 15 Fire Authority Act 1958; and (b) a municipal building surveyor of a Council, except for the enforcement of this part or a relevant provision of the Building Act 1993 or the Local 20 Government Act 1989; and (c) a member of the police force, except for the enforcement of this Part. 148ZT Disclosure of information by the Director (1) If a Director issues a closure and evacuation 25 notice for a licensed premises the Director must disclose the following information to the municipal building surveyor of the Council within the municipal district of which the premises is situated within 30 5 working days of the issue of the notice-- (a) the fact that a notice has been issued; and (b) the name of the licensee or permittee to whom notice has been issued; and 561502B.I-12/8/2010 24 BILL LA INTRODUCTION 12/8/2010

Justice Legislation Further Amendment Bill 2010 Part 3--Liquor Control Reform Act 1998 s. 7 (c) the time and date that the notice took effect; and (d) a copy of the notice; and (e) any subsequent notice; and 5 (f) any other information related to the notice that the Director considers necessary for the purpose of the effective and efficient enforcement of a relevant provision of the Building 10 Act 1993. (2) If the licence of the licensed premises to which a closure and evacuation notice applies has been surrendered or suspended or cancelled the Director must disclose that fact 15 to the municipal building surveyor of the Council within the municipal district of which the premises is situated within 5 working days of the surrender, suspension or cancellation. 20 (3) If the Director revokes a closure and evacuation notice and any subsequent notice for a licensed premises the Director must disclose that fact to the municipal building surveyor of the Council within the municipal 25 district of which the premises is situated within 5 working days. (4) Any information disclosed by the Director under subsections (1) or (2) must not be used by a municipal building surveyor, except for 30 the enforcement of a relevant provision of the Building Act 1993 or Local Government Act 1989. 561502B.I-12/8/2010 25 BILL LA INTRODUCTION 12/8/2010

Justice Legislation Further Amendment Bill 2010 Part 3--Liquor Control Reform Act 1998 s. 7 148ZU Application for review of decision A licensee or permittee who is served a closure and evacuation notice may apply to the Tribunal for review of the Director's 5 decision to issue the notice under section 148ZD. 148ZV Application for inquiry If a person specified in section 90(2) considers that a licensee or permittee has 10 contravened the terms of a closure and evacuation notice the person may apply to the Tribunal to conduct an inquiry under Division 1 of Part 6 into the licensee or permittee. 15 148ZW VCAT must not order a stay of the notice Despite anything to the contrary in the Victorian Civil and Administrative Tribunal Act 1998, the Tribunal, in hearing an application for review of a decision to 20 issue a closure and evacuation notice, must not order a stay of the notice. 148ZX Power to serve an infringement notice (1) If an authorised person has reason to believe that a person has committed an offence 25 referred to in subsection (2), he or she may serve an infringement notice on that person. (2) An infringement notice may be served in respect of an offence against section 148ZJ(2) (refusal or failure to 30 comply with a direction). 148ZY Infringement penalties The infringement penalty for an offence against section 148ZJ(2) is 2 penalty units. 561502B.I-12/8/2010 26 BILL LA INTRODUCTION 12/8/2010

Justice Legislation Further Amendment Bill 2010 Part 3--Liquor Control Reform Act 1998 s. 8 148ZZ Sunset provision This Part is repealed on the second anniversary of the coming into operation of Part 3 of the Justice Legislation Further 5 Amendment Act 2010. __________________". 8 What may Tribunal do on an inquiry? In section 91(1) of the Liquor Control Reform Act 1998, after "section 90(1)" insert "or 10 section 148ZV". 9 Disqualification In section 92(1) of the Liquor Control Reform Act 1998, after "section 91" insert "or section 148ZV". 15 10 Endorsement of licence or permit by Tribunal In section 93(1)(a) of the Liquor Control Reform Act 1998, after "section 91" insert "or section 148ZV". __________________ 561502B.I-12/8/2010 27 BILL LA INTRODUCTION 12/8/2010

Justice Legislation Further Amendment Bill 2010 Part 4--Drugs, Poisons and Controlled Substances Act 1981 s. 11 PART 4--DRUGS, POISONS AND CONTROLLED SUBSTANCES ACT 1981 11 New Part VAB inserted See: After Part VA of the Drugs, Poisons and Act No. 5 9719. Controlled Substances Act 1981 insert-- Reprint No. 9 as at 1 July 2010 "PART VAB--ICE PIPES and amending 80HA Definition Act No. 39/2009. LawToday: In this Part-- www. legislation. ice pipe means a device-- vic.gov.au 10 (a) capable of being used or intended for use or designed for the introduction, or for introducing, into the body of a person the drug of dependence 15 methylamphetamine, by means of smoking or inhaling of smoke or fumes resulting from the heating or burning of methylamphetamine in a crystalline form; or 20 (b) that is intended to be used as a device referred to in paragraph (a) but that is not capable of being so used because it needs adjustment, modification or addition. 25 80HB Offence to display an ice pipe in a retail outlet (1) A person must not display an ice pipe in a retail outlet. Penalty: In the case of a natural person 30 240 penalty units; In the case of a body corporate 600 penalty units. 561502B.I-12/8/2010 28 BILL LA INTRODUCTION 12/8/2010

Justice Legislation Further Amendment Bill 2010 Part 4--Drugs, Poisons and Controlled Substances Act 1981 s. 11 (2) In this section, retail outlet includes-- (a) a shop; (b) a market. 80HC Offence to sell or supply an ice pipe 5 A person must not sell or supply an ice pipe. Penalty: In the case of a natural person 240 penalty units; In the case of a body corporate 600 penalty units. 10 80HD Seizure of ice pipes A member of the police force may seize an ice pipe if he or she has reasonable grounds for suspecting that the ice pipe is displayed or is for sale or supply in contravention of 15 this Part. 80HE Retention and return of seized ice pipes (1) If a member of the police force seizes an ice pipe under this Part, the member of the police force must take reasonable steps to 20 return the ice pipe to the person from whom it was seized or its lawful owner if the reason for its seizure no longer exists. (2) If the ice pipe seized under this Part has not been returned to the person from whom it 25 was seized or its lawful owner within 3 months after it was seized, a member of the police force must take reasonable steps to return it to that person or owner unless-- (a) proceedings for the purpose for which 30 the ice pipe was retained have commenced within that 3 month period and those proceedings (including any appeal) have not been completed; or 561502B.I-12/8/2010 29 BILL LA INTRODUCTION 12/8/2010

Justice Legislation Further Amendment Bill 2010 Part 4--Drugs, Poisons and Controlled Substances Act 1981 s. 11 (b) the Magistrates' Court makes an order under section 80HF extending the period during which the ice pipe may be retained. 5 80HF Magistrates' Court may extend 3 month period (1) A member of the police force may apply to the Magistrates' Court-- (a) within 3 months after an ice pipe is 10 seized under this Part; or (b) if an extension has been granted under this section, before the end of the period of the extension-- for an extension (not exceeding 3 months) of 15 the period during which the ice pipe may be retained. (2) The Magistrates' Court may make an order under this section if the Court is satisfied that-- 20 (a) the making of the order is in the interests of justice; and (b) the total period of retention does not exceed 12 months; and (c) retention of the ice pipe is necessary for 25 the purposes of an investigation into whether a contravention of this Part has occurred. (3) At least 7 days prior to the hearing of an application under this section, the applicant 30 must give notice of the application to the person from whom the ice pipe was seized or its lawful owner described in the application. 561502B.I-12/8/2010 30 BILL LA INTRODUCTION 12/8/2010

Justice Legislation Further Amendment Bill 2010 Part 4--Drugs, Poisons and Controlled Substances Act 1981 s. 11 80HG Forfeiture and destruction of seized ice pipe (1) Subject to section 80HF, any ice pipe that a member of the police force has seized and 5 retained under this Part is forfeited to the Crown if the member-- (a) cannot find the person from whom it was seized or its lawful owner, despite making reasonable enquiries; or 10 (b) cannot return it to the person from whom it was seized or its lawful owner, despite making reasonable efforts. (2) Any ice pipe forfeited to the Crown under subsection (1) may be destroyed in any 15 manner the Minister thinks fit. 80HH Court may order forfeiture to the Crown A court which finds a person guilty of an offence against section 80HB or 80HC may order that the ice pipe to which the offence 20 relates-- (a) be forfeited to the Crown; and (b) be destroyed in accordance with the order. __________________". __________________ 561502B.I-12/8/2010 31 BILL LA INTRODUCTION 12/8/2010

Justice Legislation Further Amendment Bill 2010 Part 5--Amendment of Other Acts s. 12 PART 5--AMENDMENT OF OTHER ACTS Division 1--Children, Youth and Families Act 2005 12 Conditions of interim accommodation order See: (1) In section 263(1) of the Children, Youth and Act No. 5 96/2005. Families Act 2005-- Reprint No. 2 as at (a) in paragraph (a) for "on the signing by the 19 August 2009 child of an undertaking to appear on" and substitute "pending"; amending Act Nos (b) in paragraph (a) omit ", of the relevant 51/2006, 10 77/2008, proceeding"; 4/2009, 7/2009, 22/2009, (c) in paragraph (b) omit "that hearing or 26/2009, resumption on the entering into (whether 50/2009, 68/2009, orally or in writing) by that parent of an 69/2009, undertaking to produce the child before the 6/2010, 15 13/2010, Court for"; 18/2010, 29/2010, (d) in paragraph (b) omit ", of the relevant 30/2010 and 34/2010. proceeding"; LawToday: www. (e) in paragraph (c) omit "hearing or resumption legislation. on the entering into (whether orally or in vic.gov.au 20 writing) by that person or those persons of an undertaking to produce the child before the Court for the"; (f) in paragraph (c) omit "of the relevant proceeding". 25 (2) Section 263(2) of the Children, Youth and Families Act 2005 is repealed. 13 Duration of interim accommodation order (1) In section 264(1) of the Children, Youth and Families Act 2005 for "or 263(1)(b)" substitute 30 ", 263(1)(b), 263(1)(c) or 263(1)(d)". 561502B.I-12/8/2010 32 BILL LA INTRODUCTION 12/8/2010

Justice Legislation Further Amendment Bill 2010 Part 5--Amendment of Other Acts s. 14 (2) In section 264(2) of the Children, Youth and Families Act 2005 omit "(c), (d),". 14 Extension of interim accommodation order (1) In section 267(2) of the Children, Youth and 5 Families Act 2005-- (a) in paragraph (a) for "or 263(1)(b)" substitute ", 263(1)(b), 263(1)(c) or 263(1)(d)"; (b) in paragraph (b) omit "(c), (d),". 10 Division 2--Corrections Act 1986 15 Secrecy In section 30(1) of the Corrections Act 1986 in See: Act No. the definition of position-- 117/1986. Reprint No. 8 (a) in paragraph (d) for "powers." substitute as at 2 April 2009 15 "powers;"; and amending (b) after paragraph (d) insert-- Act Nos 55/2009, "(e) a person employed as a sheriff, deputy 68/2009, sheriff, sheriff's officer or appointed as 69/2009, 91/2009, a deputised person under Part 2 of the 13/2010, 20 Sheriff Act 2009; 29/2010 and 30/2010. LawToday: (f) a person to whom section 124J(1)(c) of www. the Magistrates' Court Act 1989 legislation. vic.gov.au applies when exercising powers or performing functions in connection 25 with the operations of a sub-contractor or contractor under an agreement under section 124B(1)(b) of the Magistrates' Court Act 1989.". 561502B.I-12/8/2010 33 BILL LA INTRODUCTION 12/8/2010

Justice Legislation Further Amendment Bill 2010 Part 5--Amendment of Other Acts s. 16 Division 3--Country Fire Authority Act 1958 16 Penalties in relation to returns See: (1) In section 78(4)(b) of the Country Fire Act No. 6230. Authority Act 1958 for "by the Governor in 5 Reprint No. 13 Council by Order in Council published in the as at 6 May 2010 Government Gazette" substitute "by notice under and section 2 of the Penalty Interest Rates Act amending Act Nos 1983". 6/2010 and 29/2010. (2) In section 78(5)(e) of the Country Fire LawToday: 10 www. Authority Act 1958 for "by the Governor in legislation. Council by Order in Council published in the vic.gov.au Government Gazette" substitute "by notice under section 2 of the Penalty Interest Rates Act 1983". 15 17 Penalty for failure to make payment In section 80(1)(d) of the Country Fire Authority Act 1958 for "by the Governor in Council by Order in Council published in the Government Gazette" substitute "by notice under 20 section 2 of the Penalty Interest Rates Act 1983". 18 Adjustment of contribution In section 81(1)(c) of the Country Fire Authority Act 1958 for "by the Governor in 25 Council by Order in Council published in the Government Gazette" substitute "by notice under section 2 of the Penalty Interest Rates Act 1983". 561502B.I-12/8/2010 34 BILL LA INTRODUCTION 12/8/2010

Justice Legislation Further Amendment Bill 2010 Part 5--Amendment of Other Acts s. 19 Division 4--Emergency Management Act 1986 19 Control of response to fires In section 16(3) of the Emergency Management See: Act No. Act 1986 for "55A" substitute "55E". 30/1986. Reprint No. 4 as at 1 May 2008 and amending Act Nos 73/2009, 6/2010 and 9/2010. LawToday: www. legislation. vic.gov.au 5 Division 5--Fair Work (Commonwealth Powers) Act 2009 20 Definitions In section 3(1) of the Fair Work See: Act No. (Commonwealth Powers) Act 2009, in 24/2009 paragraph (a) of the definition of State subject and amending 10 matters for "Equal Opportunity Act 1995" Act Nos substitute "Equal Opportunity Act 2010". 24/2009 and 74/2009 LawToday: www. legislation. vic.gov.au 561502B.I-12/8/2010 35 BILL LA INTRODUCTION 12/8/2010

Justice Legislation Further Amendment Bill 2010 Part 5--Amendment of Other Acts s. 21 Division 6--Legal Profession Act 2004 See: 21 New section 6.7.1A inserted in Legal Profession Act Act No. 99/2004. 2004 Reprint No. 3 as at After section 6.7.1 of the Legal Profession Act 21 May 2009 5 and 2004 insert-- amending Act Nos "6.7.1A Financial arrangements for Public 78/2008, Purpose Fund 68/2009, 74/2009 and 13/2010. (1) The Board may enter into a financial LawToday: arrangement or obtain financial 10 www. legislation. accommodation necessary or convenient to vic.gov.au facilitate the investment of any money in the Public Purpose Fund. (2) In this section-- (a) financial arrangement and financial 15 accommodation have the same meanings as they have in the Borrowing and Investment Powers Act 1987; and (b) for the avoidance of doubt, a financial 20 arrangement or financial accommodation may include establishing an overdraft account with an ADI in the name of the Board to be secured against moneys standing to the 25 credit of the Public Purpose Fund.". 22 Financial arrangements for Public Purpose Fund After section 6.7.1A(1) of the Legal Profession Act 2004 insert-- "(1A) A financial arrangement or financial 30 accommodation under subsection (1) is invalid unless the Board has obtained the Treasurer's approval in writing for that financial arrangement or financial accommodation.". 561502B.I-12/8/2010 36 BILL LA INTRODUCTION 12/8/2010

Justice Legislation Further Amendment Bill 2010 Part 5--Amendment of Other Acts s. 23 Division 7--Metropolitan Fire Brigades Act 1958 23 Penalties in relation to returns (1) In section 41 of the Metropolitan Fire Brigades See: Act No. Act 1958-- 6315. Reprint No. 10 5 (a) in subsection (4)(b) for "by the Governor in as at 1 July 2006 Council by Order in Council published in the and Government Gazette" substitute "by notice amending Act Nos under section 2 of the Penalty Interest 74/2006, Rates Act 1983"; 80/2006, 77/2008, 10 (b) in subsection (5)(e) for "by the Governor in 69/2009 and 29/2010 Council by Order in Council published in the LawToday: Government Gazette" substitute "by notice www. legislation. under section 2 of the Penalty Interest vic.gov.au Rates Act 1983". 15 24 Penalty for failure to make payment In section 43(1)(e) of the Metropolitan Fire Brigades Act 1958 for "by the Governor in Council by Order in Council published in the Government Gazette" substitute "by notice under 20 section 2 of the Penalty Interest Rates Act 1983". 25 Adjustment of contribution In section 45(1)(c) of the Metropolitan Fire Brigades Act 1958 for "by the Governor in 25 Council by Order in Council published in the Government Gazette" substitute "by notice under section 2 of the Penalty Interest Rates Act 1983". 26 Hotels theatres etc. to keep life-saving apparatus etc. 30 Section 63 of the Metropolitan Fire Brigades Act 1958 is repealed. 561502B.I-12/8/2010 37 BILL LA INTRODUCTION 12/8/2010

Justice Legislation Further Amendment Bill 2010 Part 5--Amendment of Other Acts s. 27 Division 8--Serious Sex Offenders (Detention and Supervision) Act 2009 27 Offence to publish certain information See: After section 182(2) of the Serious Sex Act No. 5 91/2009 Offenders (Detention and Supervision) Act and 2009 insert-- amending Act Nos 13/2010 and "(3) Despite subsection (1) a media organisation 16/2010. may publish the identity and location of an LawToday: www. offender if the information is published-- legislation. 10 vic.gov.au (a) at the request of a member of the police force that disclosed that information; and (b) for the purposes of subsection (2)(b) or (2)(c). 15 (4) In this section-- media organisation means a person or body that engages in journalism.". __________________ 561502B.I-12/8/2010 38 BILL LA INTRODUCTION 12/8/2010

Justice Legislation Further Amendment Bill 2010 Part 6--Authorised Versions s. 28 PART 6--AUTHORISED VERSIONS 28 New Part V inserted--Authorised Versions After Part IV of the Interpretation of Legislation See: Act No. Act 1984 insert-- 10096. Reprint No. 10 as at 5 "PART V--AUTHORISED VERSIONS 20 May 2010 and 60 Definitions amending Act Nos 10/2010, In this Part-- 11/2010 and 13/2010. authorised electronic version means an LawToday: electronic version authorised by the www. legislation. 10 Chief Parliamentary Counsel in vic.gov.au accordance with section 62; authorised version means-- (a) an authorised electronic version; (b) a printed copy of an authorised 15 electronic version in accordance with section 63; electronic version means a version of legislation published on the Victorian Legislation Website by the Chief 20 Parliamentary Counsel; legislation means-- (a) an Act; Note Act is defined in section 38. 25 (b) a statutory rule; Note Statutory rule is defined in section 38. 561502B.I-12/8/2010 39 BILL LA INTRODUCTION 12/8/2010

Justice Legislation Further Amendment Bill 2010 Part 6--Authorised Versions s. 28 (c) a consolidation of an Act as amended from time to time prepared by the Chief Parliamentary Counsel; 5 (d) a consolidation of a statutory rule as amended from time to time prepared by the Chief Parliamentary Counsel; Victorian Legislation Website means 10 www.legislation.vic.gov.au. 61 Effect of Part This Part is in addition to, and does not derogate from, section 54. 62 Authorisation of electronic version 15 (1) The Chief Parliamentary Counsel may authorise an electronic version. (2) An electronic version is an authorised electronic version if-- (a) it is in the format authorised by the 20 Chief Parliamentary Counsel; (b) the words "Authorised Version" appear at the beginning of the version; (c) the words "Authorised by the Chief Parliamentary Counsel" appear at the 25 foot of each page of the version. (3) An electronic version which does not comply with subsection (2) is not an authorised electronic version. 561502B.I-12/8/2010 40 BILL LA INTRODUCTION 12/8/2010

Justice Legislation Further Amendment Bill 2010 Part 6--Authorised Versions s. 28 63 Printed copy of authorised electronic version A printed copy of an authorised electronic version is an authorised version only if it is 5 printed directly from the authorised electronic version. 64 Evidentiary provisions (1) An authorised version is on the mere production of that authorised version 10 admissible as evidence thereof before all courts and persons acting judicially within Victoria. (2) It is presumed, unless the contrary is proved, that a document purporting to be an 15 authorised version is what it purports to be. Note Document is defined in section 38. __________________". __________________ 561502B.I-12/8/2010 41 BILL LA INTRODUCTION 12/8/2010

Justice Legislation Further Amendment Bill 2010 Part 7--Missing Persons' Estates s. 29 PART 7--MISSING PERSONS' ESTATES 29 New Part 5A inserted See: After Part 5 of the Guardianship and Act No. 58/1986. Administration Act 1986 insert-- Reprint No. 7 as at 5 26 September "PART 5A--ADMINISTRATION ORDERS IN 2007 RESPECT OF THE ESTATE OF A MISSING and PERSON amending Act Nos 12/2008, 60AA Application for administration in respect 13/2010, 16/2010 and of the estate of a missing person 17/2010. 10 LawToday: (1) Any person may apply to the Tribunal for an www. order appointing an administrator in respect legislation. vic.gov.au of the estate of a missing person. (2) In addition to any other parties, the person proposed as administrator is a party to a 15 proceeding on an application under subsection (1). 60AB Appointment of administrator in respect of the estate of a missing person (1) If the Tribunal is satisfied that-- 20 (a) the person in respect of whose estate an application has been made under section 60AA-- (i) is a missing person; and (ii) usually resides in Victoria; and 25 (b) while the person is missing there is, or is likely to be, a need for a decision in relation to the person's financial matters or property; and 561502B.I-12/8/2010 42 BILL LA INTRODUCTION 12/8/2010

Justice Legislation Further Amendment Bill 2010 Part 7--Missing Persons' Estates s. 29 (c) it is in the best interests of the missing person for a person to be appointed to administer their estate while they are missing-- 5 the Tribunal may make an order appointing an administrator. Note See section 49 as modified by section 60AI. An administrator acts in the best interests of the 10 represented person by only taking actions necessary and desirable for the payment of the missing person's debts, the maintenance of the missing person's dependants and the care and maintenance of the missing person's estate. (2) A person is a missing person for the purpose 15 of making an order under subsection (1) if the Tribunal is satisfied that-- (a) it is not known whether the person is alive; and (b) reasonable efforts have been made to 20 find the person; and (c) for at least 90 days, the person has not contacted-- (i) anyone who lives at the person's last-known home address; or 25 (ii) any relative or friend of the person with whom the person is likely to communicate. (3) An order may be made under this section in respect of a person who is a missing person 30 whether before or after the commencement of section 29 of the Justice Legislation Further Amendment Act 2010. 561502B.I-12/8/2010 43 BILL LA INTRODUCTION 12/8/2010

Justice Legislation Further Amendment Bill 2010 Part 7--Missing Persons' Estates s. 29 (4) Subject to subsection (5), an administrator may be appointed under subsection (1) to administer all or a specified part of the estate of the missing person. 5 (5) The Tribunal cannot make an order under subsection (1) in respect of the estate of a missing person if the estate or any part of the estate of the missing person is subject to-- (a) an order under section 24A of the 10 Administration and Probate Act 1958; or (b) an application for an order under section 24A of the Administration and Probate Act 1958. 15 Note Section 24A of the Administration and Probate Act 1958 enables a trustee company to apply to the Supreme Court of Victoria for an order authorising the trustee company to do any act, matter or thing in relation to the property or affairs 20 of the owner of property in Victoria in circumstances where among other things the owner cannot be found or it is not known whether the owner is alive or dead. 60AC Administrator to notify Tribunal An administrator must notify the Tribunal in 25 writing without delay when the administrator becomes aware that-- (a) the represented person is alive (either in Victoria or elsewhere); or (b) the represented person has died. 30 60AD Order to remove an administrator (1) The Tribunal may, by order, remove an administrator-- (a) on application by the represented person; or 561502B.I-12/8/2010 44 BILL LA INTRODUCTION 12/8/2010

Justice Legislation Further Amendment Bill 2010 Part 7--Missing Persons' Estates s. 29 (b) if satisfied, on application by the administrator or any other person, that-- (i) the represented person is alive; or 5 (ii) the represented person is dead; or (iii) the represented person may be presumed to be dead. (2) The Tribunal must, by order, remove an administrator-- 10 (a) if the Supreme Court, on being satisfied of the death of the represented person, whether by direct evidence or on presumption of death, has made a grant of probate of the will or administration 15 of the estate of the represented person under section 7 of the Administration and Probate Act 1958; or (b) if the registrar of probates, on being satisfied of the death of the represented 20 person, whether by direct evidence or on presumption of death, has made a grant of probate of the will or administration of the estate of the represented person under section 12 of 25 the Administration and Probate Act 1958; or (c) if the presumption of death has been successfully invoked in relation to a represented person for the purpose of 30 any other proceeding before a court in Victoria or elsewhere in Australia; or (d) if any part of the estate of the represented person becomes subject to an order under section 24A of the 35 Administration and Probate Act 1958. 561502B.I-12/8/2010 45 BILL LA INTRODUCTION 12/8/2010

Justice Legislation Further Amendment Bill 2010 Part 7--Missing Persons' Estates s. 29 60AE Duration of order (1) Subject to section 60AD, an order under section 60AB continues in effect for the period not exceeding 2 years as is specified 5 in the order. (2) An order under section 60AB may on the application of the administrator be renewed once for a further period not exceeding 2 years as is specified in the order if the 10 Tribunal is satisfied that the matters specified in section 60AB continue to apply. (3) Nothing in this section prevents a person applying for a new order in accordance with section 60AA if the previous order has 15 expired. Note A person may apply at any time for a reassessment of an order under Part 6. 60AF Application for temporary order 20 (1) Any person may apply to the Tribunal for a temporary order appointing an administrator in respect of the estate of a missing person. (2) An application may be made under subsection (1) whether or not an application 25 has been made to the Tribunal under section 60AA. (3) Each person who would be entitled to notice under section 44 of an application under section 60AA is entitled to notice of the 30 making of an application under this section, notice of the hearing of the application and notice of any order made by the Tribunal in respect of the application. 561502B.I-12/8/2010 46 BILL LA INTRODUCTION 12/8/2010

Justice Legislation Further Amendment Bill 2010 Part 7--Missing Persons' Estates s. 29 60AG Temporary order (1) If the Tribunal is satisfied that-- (a) the person in respect of whose estate an application has been made under 5 section 60AF-- (i) is a missing person; and (ii) usually resides in Victoria; and (b) while the person is missing there is, or is likely to be, a need for a decision in 10 relation to the person's financial matters or property; and (c) it is in the best interests of the missing person for a person to be appointed to administer their estate while they are 15 missing-- the Tribunal may make a temporary order appointing any person who may be appointed under section 47(1) as an administrator. 20 (2) A person is a missing person for the purpose of making a temporary order under subsection (1) if the Tribunal is satisfied that-- (a) it is not known whether the person is 25 alive; and (b) reasonable efforts have been made to find the person; and (c) for at least 90 days, the person has not contacted-- 30 (i) anyone who lives at the person's last-known home address; or 561502B.I-12/8/2010 47 BILL LA INTRODUCTION 12/8/2010

Justice Legislation Further Amendment Bill 2010 Part 7--Missing Persons' Estates s. 29 (ii) any relative or friend of the person with whom the person is likely to communicate. (3) An order may be made under this section in 5 respect of a person who is a missing person whether before or after the commencement of section 29 of the Justice Legislation Further Amendment Act 2010. (4) Subject to subsection (5), an administrator 10 may be appointed under subsection (1) to administer all or a specified part of the estate of the missing person. (5) The Tribunal cannot make a temporary order under subsection (1) in respect of the estate 15 of a missing person if the estate or any part of the estate of the missing person is subject to-- (a) an order under section 24A of the Administration and Probate Act 20 1958; or (b) an application for an order under section 24A of the Administration and Probate Act 1958. Note 25 Section 24A of the Administration and Probate Act 1958 enables a trustee company to apply to the Supreme Court of Victoria for an order authorising the trustee company to do any act, matter or thing in relation to the property or affairs of the owner of property in Victoria in circumstances where 30 among other things the owner cannot be found or it is not known whether the owner is alive or dead. (6) A temporary order-- (a) remains in effect for such period not exceeding 21 days as is specified in the 35 order; and 561502B.I-12/8/2010 48 BILL LA INTRODUCTION 12/8/2010

Justice Legislation Further Amendment Bill 2010 Part 7--Missing Persons' Estates s. 29 (b) may be renewed once for a further period not exceeding 21 days. (7) The Tribunal must hold a hearing to determine whether an administrator should 5 be appointed under section 60AB as soon as practicable after the making of a temporary order but within 42 days of making that order. 60AH Operation of Part 10 (1) This Part is not intended to exclude or limit the operation of the Administration and Probate Act 1958. (2) A person who is a represented person only because of the operation of this Part is only a 15 represented person for the purposes of-- (a) this Act and the regulations made under this Act; (b) the Victorian Civil and Administrative Tribunal Act 1998 20 and the regulations and rules made under that Act; (c) the State Trustees (State Owned Company) Act 1994 and the regulations made under that Act-- 25 to the extent that it is necessary in order to give effect to this Part. (3) A reference in any Act or regulation not specified in subsection (2) to a represented person is taken not to include a person who 30 is a represented person only because of the operation of this Part. 561502B.I-12/8/2010 49 BILL LA INTRODUCTION 12/8/2010

Justice Legislation Further Amendment Bill 2010 Part 7--Missing Persons' Estates s. 29 60AI Application of Parts 5, 6 and 6A (1) For the purposes of this Part, Part 5 applies with the following modifications-- (a) as if sections 43, 46, 47(2)(b), 48(4), 5 50A, 52, 58AB, 58B(3), 58C, 59 and 60 were repealed; (b) as if in section 45 for "section 43" there were substituted "section 60AA"; (c) as if in section 48(1) for "An" 10 there were substituted "Subject to subsection (1A), an"; (d) as if after section 48(1) there were inserted-- "(1A) Despite subsection (1), the 15 Tribunal must, in the order appointing the administrator, specify the kinds of decision the administrator may make and the parts of the estate in relation to 20 which the power may be exercised."; (e) as if for section 49(2) there were substituted-- "(2) For the purposes of subsection (1), 25 an administrator acts in the best interests of the represented person if the administrator only takes any actions that the administrator considers are necessary or 30 desirable for-- (a) the payment of the debts and engagements of, and otherwise for the benefit of, the represented person; 561502B.I-12/8/2010 50 BILL LA INTRODUCTION 12/8/2010

Justice Legislation Further Amendment Bill 2010 Part 7--Missing Persons' Estates s. 29 (b) the maintenance and benefit of dependants of the represented person; (c) the care and management of 5 the estate of the represented person."; (f) as if in sections 57(2) and 58D(1) the words "or has died" were omitted; (g) as if in section 58(1) for "section 46" 10 there were substituted "section 60AB"; (h) as if in section 58B(1)(b) for "had legal capacity" there were substituted "were not missing"; (i) as if in section 58B(1)(c) for "under a 15 legal disability" there were substituted "missing"; (j) as if for section 58B(2)(g) before "sell" there were inserted "with the approval of the Tribunal,"; 20 (k) as if for section 58B(2)(o) there were substituted-- "(o) pay any sum for the maintenance of the spouse or domestic partner of the represented person or any 25 child, parent or other person dependent on the represented person and for the maintenance and education of the children of the represented person as to the 30 administrator seems expedient and reasonable; and". (2) For the purposes of this Part, Part 6 applies as if sections 60A(6)(b) and 60A(6)(c) were repealed. 561502B.I-12/8/2010 51 BILL LA INTRODUCTION 12/8/2010

Justice Legislation Further Amendment Bill 2010 Part 7--Missing Persons' Estates s. 30 (3) For the purposes of this Part, Part 6A applies as if sections 63A(a) and 63F were repealed. 60AJ Application of objects of this Act For the purposes of this Part, section 4(2) 5 applies with the following modifications-- (a) as if paragraph (a) was repealed; (b) as if in paragraphs (b) and (c) for "person with a disability" there was substituted "missing person". 10 __________________". 30 Consequential amendment to purpose At the end of section 1 of the Guardianship and Administration Act 1986 insert-- "(2) It is also the purpose of this Act to enable the 15 making of administration orders and temporary administration orders in respect of the estate of a missing person.". 31 Consequential amendment to definitions In section 3(1) of the Guardianship and 20 Administration Act 1986-- (a) after paragraph (b) of the definition of administration order insert-- "or (c) an order of the Tribunal appointing a 25 person as an administrator or temporary administrator of the estate of a missing person under Part 5A;"; 561502B.I-12/8/2010 52 BILL LA INTRODUCTION 12/8/2010

Justice Legislation Further Amendment Bill 2010 Part 7--Missing Persons' Estates s. 32 (b) for the definition of represented person substitute-- "represented person means-- (a) any person in respect of whom-- 5 (i) a guardianship order is in effect; or (ii) an administration order under Part 5 is in effect; or (iii) both a guardianship order 10 and an administration order under Part 5 are in effect; or (b) any person whose estate is subject to an administration order or temporary administration order 15 under Part 5A; Note See also section 60AH, which restricts the definition of represented person in relation to a person whose estate is subject to an order under 20 Part 5A.". 32 Consequential amendment to objects of Act After section 4(1)(c) of the Guardianship and Administration Act 1986 insert-- "(ca) to enable the making of administration 25 orders and temporary administration orders in respect of the estate of a missing person; and". 561502B.I-12/8/2010 53 BILL LA INTRODUCTION 12/8/2010

Justice Legislation Further Amendment Bill 2010 Part 7--Missing Persons' Estates s. 33 See: 33 Consequential amendments to Schedule 1 of the Act No. Victorian Civil and Administrative Tribunal 53/1998. Reprint No. 6 Act 1998 as at 1 January (1) In clause 31(1) of Schedule 1 of the Victorian 5 2009 Civil and Administrative Tribunal Act 1998 and amending after "Part 5" insert "or for an order or temporary Act Nos order under Part 5A". 46/2008, 76/2008, 6/2009, (2) After clause 32(2) of Schedule 1 of the Victorian 14/2009, Civil and Administrative Tribunal Act 1998 21/2009, 10 68/2009, insert-- 69/2009, 6/2010, "(3) Subclause (2) does not apply to an 11/2010, application for an order or temporary order 13/2010, 16/2010, appointing an administrator in respect of the 23/2010 and estate of a missing person under Part 5A of 36/2010. 15 LawToday: the Guardianship and Administration Act www. 1986.". legislation. vic.gov.au (3) After clause 37(3) of Schedule 1 of the Victorian Civil and Administrative Tribunal Act 1998 insert-- 20 "(4) This clause does not apply to an application for an order or temporary order appointing an administrator in respect of the estate of a missing person under Part 5A of the Guardianship and Administration Act 25 1986.". __________________ 561502B.I-12/8/2010 54 BILL LA INTRODUCTION 12/8/2010

Justice Legislation Further Amendment Bill 2010 Part 8--Amendment of Gambling Legislation s. 34 PART 8--AMENDMENT OF GAMBLING LEGISLATION Division 1--Gambling Regulation Act 2003 34 Definitions In section 1.3(1) of the Gambling Regulation See: Act No. 5 Act 2003, for the definition of electronic 114/2003. monitoring system substitute-- Reprint No. 3 as at 6 August 2009 "electronic monitoring system has the meaning and given by section 1.3B;". amending Act Nos 72/2007, 71/2008, 25/2009, 29/2009, 52/2009, 58/2009, 59/2009, 63/2009, 68/2009, 69/2009, 1/2010 and 30/2010. LawToday: www. legislation. vic.gov.au 35 New section 1.3B inserted 10 After section 1.3A of the Gambling Regulation Act 2003 insert-- "1.3B Meaning of electronic monitoring system (1) For the purposes of this Act an electronic monitoring system is an electronic or 15 computer or communications system or device that is so designed that it may be used, or adapted, to send or receive data from gaming equipment in relation to the security, accounting or operation of gaming 20 equipment. 561502B.I-12/8/2010 55 BILL LA INTRODUCTION 12/8/2010

Justice Legislation Further Amendment Bill 2010 Part 8--Amendment of Gambling Legislation s. 36 (2) In addition, for the purposes of this Act an electronic monitoring system includes any software, programming, electronic, computer or communications system or device to 5 enable a venue operator to conduct gaming through a linked jackpot arrangement (other than a gaming machine, linked jackpot display or linked jackpot payout meter).". 36 Definitions--Chapter 3 10 In section 3.1.2 of the Gambling Regulation Act 2003-- (a) for the definition of jackpot substitute-- "jackpot means the winnings determined by the outcome of a game or a non-game 15 related event (such as a random event), which are payable from money that accumulates as contributions made to a jackpot special prize pool;"; (b) for the definition of linked jackpot 20 arrangement substitute-- "linked jackpot arrangement means an arrangement under which a venue operator who holds a gaming machine entitlement may conduct gaming 25 through 2 or more gaming machines that are linked;"; (c) the definition of linked jackpot equipment is repealed; (d) in the definition of significant event-- 30 (i) omit ", linked jackpot equipment"; (ii) for ", a gaming machine or linked jackpot equipment" substitute "or a gaming machine"; 561502B.I-12/8/2010 56 BILL LA INTRODUCTION 12/8/2010

Justice Legislation Further Amendment Bill 2010 Part 8--Amendment of Gambling Legislation s. 37 (iii) for ", gaming machine or linked jackpot equipment" (wherever occurring) substitute "or gaming machine". 37 Definitions--Part 2A of Chapter 3 5 In section 3.2A.1 of the Gambling Regulation Act 2003, in the definition of monitoring licence, for "section 3.4.54(2)" substitute "section 3.4.52(2)". 38 Authority conferred by venue operator's licence 10 (1) In section 3.4.1(1)(ad) of the Gambling Regulation Act 2003, for "the venue operator" substitute "the licensee". (2) After section 3.4.1(1)(ad) of the Gambling Regulation Act 2003 insert-- 15 "(ae) while holding a gaming machine entitlement, to conduct gaming through a linked jackpot arrangement; and". (3) After section 3.4.1(1)(b) of the Gambling Regulation Act 2003 insert-- 20 "(ba) while holding gaming machine entitlements, to acquire and possess gaming equipment; and (bb) to possess monitoring equipment operated by the monitoring licensee for the purpose of 25 providing monitoring services to the licensee, in accordance with an agreement between the licensee and the monitoring licensee; and". (4) In section 3.4.1(2) of the Gambling Regulation 30 Act 2003-- (a) for "gaming machines or restricted components" (where twice occurring) substitute "gaming equipment or monitoring equipment"; 561502B.I-12/8/2010 57 BILL LA INTRODUCTION 12/8/2010

Justice Legislation Further Amendment Bill 2010 Part 8--Amendment of Gambling Legislation s. 39 (b) for "gaming equipment or games" substitute "gaming equipment, monitoring equipment, games or jackpots". 39 New section 3.4.1B inserted 5 After section 3.4.1A of the Gambling Regulation Act 2003 insert-- "3.4.1B Venue operator must comply with standards and operational requirements (1) A venue operator must comply with-- 10 (a) a standard made by the Commission under section 10.1.5B in respect of the conduct of gaming; or (b) an operational requirement determined by the Commission 15 under section 10.1.5C-- unless the Commission has, in writing, given its approval to the venue operator not to comply with the standard or operational requirement. 20 (2) A venue operator must not conduct gaming-- (a) through a linked jackpot arrangement that does not comply with a standard made by the Commission under 25 section 10.1.5B in respect of such arrangements; or 561502B.I-12/8/2010 58 BILL LA INTRODUCTION 12/8/2010

Justice Legislation Further Amendment Bill 2010 Part 8--Amendment of Gambling Legislation s. 40 (b) otherwise than in accordance with a standard made by the Commission under section 10.1.5B-- unless the Commission has, in writing, given 5 its approval to the venue operator to conduct gaming through a linked jackpot arrangement that does not comply with the standard or to conduct gaming in a manner that does not comply with the standard. 10 (3) A venue operator must ensure that any gaming machines on which it conducts gaming comply with a standard made by the Commission under section 3.5.3, unless the Commission has, in writing, given its 15 approval to the venue operator to conduct gaming on gaming machines that do not comply with the standard.". 40 Authority conferred by monitoring licence (1) For section 3.4.4(1)(b)(i) of the Gambling 20 Regulation Act 2003 substitute-- "(i) detecting significant events in relation to the electronic monitoring system, a gaming machine or communications system or device associated with the electronic 25 monitoring system or a gaming machine; and". (2) For section 3.4.4(1)(c)(i) of the Gambling Regulation Act 2003 substitute-- "(i) detecting significant events in relation to the 30 electronic monitoring system, a gaming machine or communications system or device associated with the electronic monitoring system or a gaming machine; and". 561502B.I-12/8/2010 59 BILL LA INTRODUCTION 12/8/2010

Justice Legislation Further Amendment Bill 2010 Part 8--Amendment of Gambling Legislation s. 41 41 New section 3.4.4B inserted After section 3.4.4A of the Gambling Regulation Act 2003 insert-- "3.4.4B Monitoring licensee must comply with 5 standards and operational requirements (1) The monitoring licensee must comply with-- (a) a standard made by the Commission under section 10.1.5B in respect of the conduct of monitoring; or 10 (b) an operational requirement determined by the Commission under section 10.1.5C-- unless the Commission has, in writing, given its approval to the monitoring licensee not to 15 comply with the standard or operational requirement. (2) The monitoring licensee must not conduct monitoring-- (a) of linked jackpot arrangements that do 20 not comply with a standard made by the Commission under section 10.1.5B in respect of such arrangements; or (b) otherwise than in accordance with a standard made by the Commission 25 under section 10.1.5B-- unless the Commission has, in writing, given its approval to the monitoring licensee to conduct monitoring of linked jackpot arrangements that do not to comply with the 30 standard or to conduct monitoring in a manner that does not comply with the standard. 561502B.I-12/8/2010 60 BILL LA INTRODUCTION 12/8/2010

Justice Legislation Further Amendment Bill 2010 Part 8--Amendment of Gambling Legislation s. 42 (3) The monitoring licensee must ensure that any technical equipment and systems it operates comply with a standard made by the Commission under section 10.1.5A, unless 5 the Commission has, in writing, given its approval to the monitoring licensee to operate technical equipment and systems that do not comply with the standard.". 42 Authority conferred by gaming machine 10 entitlements (1) In section 3.4A.2(1)(a) of the Gambling Regulation Act 2003, for "gaming machines and restricted components" substitute "gaming equipment". 15 (2) In section 3.4A.2(2) of the Gambling Regulation Act 2003-- (a) for "gaming machines or restricted components" (where twice occurring) substitute "gaming equipment or monitoring 20 equipment"; (b) for "gaming equipment or games" substitute "gaming equipment, monitoring equipment, games or jackpots". 43 Gaming machine entitlements may authorise 25 preparatory action (1) In section 3.4A.9(6) of the Gambling Regulation Act 2003 in paragraph (a) of the definition of preparatory action, for "gaming machines and restricted components" substitute "gaming 30 equipment". (2) In section 3.4A.9(6) of the Gambling Regulation Act 2003, in paragraph (ab) of the definition of preparatory action, for "gaming machines" substitute "gaming equipment". 561502B.I-12/8/2010 61 BILL LA INTRODUCTION 12/8/2010

Justice Legislation Further Amendment Bill 2010 Part 8--Amendment of Gambling Legislation s. 44 44 Manufacture, sale, supply, obtaining or possession of gaming machines (1) In section 3.5.1(1) of the Gambling Regulation Act 2003, for "a gaming machine or a restricted 5 component" substitute "gaming equipment or monitoring equipment". (2) For section 3.5.1(4) of the Gambling Regulation Act 2003 substitute-- "(4) A person may manufacture, sell, supply, 10 obtain or be in possession of gaming equipment or monitoring equipment if the equipment is for use outside Victoria and the person has the written authority of the Commission.". 15 (3) For section 3.5.1(6) of the Gambling Regulation Act 2003 substitute-- "(6) For the purposes of this section, a person is to be taken to be in possession of gaming equipment or monitoring equipment if-- 20 (a) the equipment is in the physical possession or custody or control of the person or is on land or in premises occupied, used or controlled by the person; or 25 (b) the person controls access, either solely or jointly with other persons, to the equipment.". 45 Wagering tax (1) For section 4.6.3(1)(a) and (b) of the Gambling 30 Regulation Act 2003 substitute-- "(a) the amount deducted under section 4.6.1(1) not attributable to sums invested by premium customers, less any amount referred to in subsection (2) not paid to premium 35 customers in respect of each day on which 561502B.I-12/8/2010 62 BILL LA INTRODUCTION 12/8/2010

Justice Legislation Further Amendment Bill 2010 Part 8--Amendment of Gambling Legislation s. 45 the licensee or wagering operator conducts a totalisator, other than an exempt totalisator, on a wagering event or wagering events; and (b) fractions relating to dividends paid to 5 customers that are not premium customers in respect of the amount retained under section 4.6.2(3).". (2) After section 4.6.3(1) of the Gambling Regulation Act 2003 insert-- 10 "(1AA) The licensee must pay to the Treasurer a tax equal to the product of the prescribed rate and the sum of-- (a) the amount deducted under section 4.6.1(1) attributable to sums invested 15 by premium customers, less any amount referred to in subsection (2) paid to premium customers, each day on which the licensee or wagering operator conducts a totalisator, other 20 than an exempt totalisator, on a wagering event or wagering events; and (b) fractions relating to dividends paid to premium customers in respect of the amount retained under section 4.6.2(3). 25 (1AB) The prescribed rate under subsection (1AA) must not be more than 19�11%.". (3) For section 4.6.3(1A)(a) and (b) of the Gambling Regulation Act 2003 substitute-- "(a) the amount deducted under section 4.6.1(2) 30 not attributable to sums invested by premium customers, less any amount referred to in subsection (2) not paid to premium customers, in respect of each day on which the licensee or wagering operator conducts a 35 totalisator, other than an exempt totalisator, on a wagering event or wagering events; and 561502B.I-12/8/2010 63 BILL LA INTRODUCTION 12/8/2010

Justice Legislation Further Amendment Bill 2010 Part 8--Amendment of Gambling Legislation s. 45 (b) fractions relating to dividends paid to customers that are not premium customers in respect of the amount retained under section 4.6.2(6).". 5 (4) After section 4.6.3(1A) of the Gambling Regulation Act 2003 insert-- "(1B) The wagering and betting licensee must pay to the Treasurer a tax equal to the product of the prescribed rate and the sum of-- 10 (a) any amount of commission deducted under section 4.6.1(2) attributable to sums invested by premium customers, less any amount referred to in subsection (2) paid to premium 15 customers, in respect of each day on which the licensee or wagering operator conducts a totalisator, other than an exempt totalisator, on a wagering event or wagering events; and 20 (b) fractions relating to dividends paid to premium customers in respect of the amount retained under section 4.6.2(6). (1C) The prescribed rate under subsection (1B) must not be more than 7�6%.". 25 (5) After section 4.6.3(5) of the Gambling Regulation Act 2003 insert-- "(6) The Governor in Council, on the recommendation of the Treasurer, may make regulations for the purposes of this section. 30 (7) In this section premium customer means-- (a) in relation to the licensee or wagering operator, any person who invests more than a prescribed amount of money in totalisators conducted by the licensee or 561502B.I-12/8/2010 64 BILL LA INTRODUCTION 12/8/2010

Justice Legislation Further Amendment Bill 2010 Part 8--Amendment of Gambling Legislation s. 46 wagering operator in a financial year; or (b) in relation to the wagering and betting licensee, any person who invests more 5 than a prescribed amount of money in totalisators conducted by the wagering and betting licensee in a financial year.". 46 New sections 10.1.5B and 10.1.5C inserted 10 After section 10.1.5A of the Gambling Regulation Act 2003 insert-- "10.1.5B Standards for the approval of linked jackpot arrangements, the conduct of gaming and the conduct of monitoring 15 (1) The Commission may, with the approval of the Minister, make and amend standards in respect of any of the following-- (a) linked jackpot arrangements; (b) the conduct of gaming; 20 (c) the conduct of monitoring. (2) Before making or amending a standard, the Commission must consult-- (a) the monitoring licensee; and (b) each venue operator whose interests the 25 Commission considers will be adversely affected by the making or amendment of the standard. (3) The Commission must-- (a) publish a standard, and an amendment 30 to a standard, on the Internet; and (b) publish a notice of the making or amendment of a standard in the Government Gazette. 561502B.I-12/8/2010 65 BILL LA INTRODUCTION 12/8/2010

Justice Legislation Further Amendment Bill 2010 Part 8--Amendment of Gambling Legislation s. 46 (4) A standard or amendment to a standard comes into force on the day specified in the notice of making published in the Government Gazette. 5 (5) A function of the Commission under this section may be performed by any Commissioner. Note Standards for the approval of gaming machines types and 10 games are made by the Commission under section 3.5.3. 10.1.5C Operational requirements in relation to linked jackpot arrangements, conduct of gaming and the conduct of monitoring (1) The Commission may determine operational 15 requirements in relation to any of the following-- (a) linked jackpot arrangements; (b) the conduct of gaming; (c) the conduct of monitoring. 20 (2) Without limiting subsection (1), the Commission may determine an operational requirement in respect of any of the following-- (a) information and reporting about the 25 conduct of gaming or monitoring; (b) testing of any of the following-- (i) gaming equipment; (ii) monitoring equipment; (iii) gaming machines and equipment 30 required to be approved by the Commission under section 3.5.4; 561502B.I-12/8/2010 66 BILL LA INTRODUCTION 12/8/2010

Justice Legislation Further Amendment Bill 2010 Part 8--Amendment of Gambling Legislation s. 47 (iv) an electronic monitoring system required to be approved by the Commission under section 3.5.13; (c) responsible gambling measures the 5 Commission may require a venue operator or the monitoring licensee to comply with.". 47 New Part 25 of Schedule 7 inserted After Part 24 of Schedule 7 to the Gambling 10 Regulation Act 2003 insert-- "__________________ PART 25--GAMBLING LEGISLATION AMENDMENT ACT 2010 25.1 Definition of electronic monitoring system 15 The definition of electronic monitoring system in section 1.3, as in force immediately before the commencement of section 35 of the Justice Legislation Further Amendment Act 2010, continues 20 to have effect until 15 August 2012 in relation to-- (a) the things the holder of the gaming operator's licence granted under Chapter 3 are authorised to do under 25 that licence; and (b) the things the holder of the gaming licence granted under Chapter 4 are authorised to do under that licence.". 561502B.I-12/8/2010 67 BILL LA INTRODUCTION 12/8/2010

Justice Legislation Further Amendment Bill 2010 Part 8--Amendment of Gambling Legislation s. 48 Division 2--Gambling Regulation Further Amendment Act 2009 48 Definitions See: (1) In section 4(1), (2), (3) and (4) of the Gambling Act No. 5 58/2009. Regulation Further Amendment Act 2009, LawToday: for "1.3" substitute "1.3(1)". www. legislation. vic.gov.au (2) In section 4(1) of the Gambling Regulation Further Amendment Act 2009, for paragraph (d) of the definition of gaming equipment proposed 10 to be substituted in section 1.3(1) of the Gambling Regulation Act 2003 substitute-- "(d) linked jackpot display payout and linked jackpot payout meter;". (3) In section 4(3) of the Gambling Regulation 15 Further Amendment Act 2009, for the definition of monitoring equipment proposed to be inserted into section 1.3(1) of the Gambling Regulation Act 2003 substitute-- "monitoring equipment means any-- 20 (a) electronic monitoring system; (b) part of, or replacement part of, any such system; (c) restricted monitoring component;". 49 Possession of gaming machines may be authorised 25 In section 8(1) of the Gambling Regulation Further Amendment Act 2009-- (a) in proposed section 3.2.2(2A) of the Gambling Regulation Act 2003, for "a gaming machine or gaming equipment" 30 (where twice occurring) substitute "gaming equipment or monitoring equipment"; 561502B.I-12/8/2010 68 BILL LA INTRODUCTION 12/8/2010

Justice Legislation Further Amendment Bill 2010 Part 8--Amendment of Gambling Legislation s. 50 (b) in proposed section 3.2.2(2B) of the Gambling Regulation Act 2003, for "a gaming machine or gaming equipment" substitute "gaming equipment or monitoring 5 equipment"; (c) in proposed section 3.2.2(2C) of the Gambling Regulation Act 2003, for "gaming machine or gaming equipment" (where twice occurring) substitute 10 "gaming equipment or monitoring equipment". 50 Licensing of operators In section 18 of the Gambling Regulation Further Amendment Act 2009, for proposed 15 section 3.4.1(ac) of the Gambling Regulation Act 2003 substitute-- "(ac) while holding a gaming machine entitlement or under an authorisation under section 3.2.2(2B), sell or dispose of a gaming 20 machine or gaming equipment acquired for the purpose of use in an approved venue operated by the licensee; and". 51 Section 119 repealed--references to restricted gaming components or restricted monitoring 25 components Section 119 of the Gambling Regulation Further Amendment Act 2009 is repealed. 52 Section 126 repealed--references to restricted gaming components 30 Section 126 of the Gambling Regulation Further Amendment Act 2009 is repealed. 561502B.I-12/8/2010 69 BILL LA INTRODUCTION 12/8/2010

Justice Legislation Further Amendment Bill 2010 Part 8--Amendment of Gambling Legislation s. 53 53 Section 127 repealed--references to restricted gaming components or restricted monitoring components Section 127 of the Gambling Regulation 5 Further Amendment Act 2009 is repealed. __________________ 561502B.I-12/8/2010 70 BILL LA INTRODUCTION 12/8/2010

Justice Legislation Further Amendment Bill 2010 Part 9--Caypins Amendments s. 54 PART 9--CAYPINS AMENDMENTS Division 1--Amendments to the Children, Youth and Families Act 2005 54 Time limits for filing a charge-sheet 5 In the note at the foot of section 344A of the Children, Youth and Families Act 2005, for "Sections 40AA and" substitute "Section". 55 Application for registration of infringement penalty In clause 3(2)(i) of Schedule 3 to the Children, 10 Youth and Families Act 2005 omit ", having regard to the time when the offence is alleged to have been committed". 56 Decision to go to Court (1) In clause 17(1)(b) of Schedule 3 to the Children, 15 Youth and Families Act 2005 omit "40AA or". (2) After clause 17(1)(b) of Schedule 3 to the Children, Youth and Families Act 2005 insert-- "(ba) if an infringement notice is reviewed under 20 Division 3 of Part 2 of the Infringements Act 2006, within 6 months after the date of service of the advice of the outcome on the applicant under section 24(3) of that Act or 12 months after the date of the alleged 25 offence (whichever is the earlier); or". 561502B.I-12/8/2010 71 BILL LA INTRODUCTION 12/8/2010

Justice Legislation Further Amendment Bill 2010 Part 9--Caypins Amendments s. 57 57 New section 616A inserted After section 616 of the Children, Youth and Families Act 2005 insert-- "616A Transitional provision--Justice 5 Legislation Further Amendment Act 2010 (Caypins) (1) This Act as amended by Part 9 of the Justice Legislation Further Amendment Act 2010 applies to a summary offence alleged to have 10 been committed-- (a) on or after 1 January 2010; and (b) if a child has applied for internal review under Division 3 of Part 2 of the Infringements Act 2006, on or after 15 1 January 2010 and the date of service of the advice of the outcome under section 24(3) of that Act is on or after 1 July 2010. (2) Without limiting subsection (1), the repeal of 20 section 40AA of the Infringements Act 2006 by the Justice Legislation Further Amendment Act 2010-- (a) does not affect the registration or purported registration of an 25 infringement penalty under Schedule 3 to this Act in accordance with a time period referred to in section 40AA in respect of an infringement notice which has been subject to an internal review 30 under Division 3 of Part 2 of the Infringements Act 2006 that would have been validly registered if Schedule 3 to this Act, as amended by the Justice Legislation Further 35 Amendment Act 2010, had been in operation at the time the relevant 561502B.I-12/8/2010 72 BILL LA INTRODUCTION 12/8/2010

Justice Legislation Further Amendment Bill 2010 Part 9--Caypins Amendments s. 58 infringement penalty was registered or purported to have been registered; and (b) such an infringement penalty has, and is taken always to have had, the same 5 force and effect as it would have had if clause 17(1)(ba) of Schedule 3 had then been in operation.". Division 2--Amendments to Infringements Act 2006 58 Decision to go to Court--lodgeable infringement 10 offences (1) In section 40(4) of the Infringements Act 2006 See: Act No. omit ", subject to section 40AA,". 12/2006. Reprint No. 2 (2) At the foot of section 40(4) of the Infringements as at 1 July 2008 Act 2006 insert-- and amending 15 "Note Act Nos See section 344A of the Children, Youth and Families Act 44/2008, 68/2009, 2005 and clause 17 of Schedule 3 to that Act for time limits 87/2009, applying to infringement offences in relation to children.". 6/2010 and 18/2010. LawToday: www. legislation. vic.gov.au 59 Decision to go to court--children 20 Section 40AA of the Infringements Act 2006 is repealed. __________________ 561502B.I-12/8/2010 73 BILL LA INTRODUCTION 12/8/2010

Justice Legislation Further Amendment Bill 2010 Part 10--Judicial and Other Immunities s. 60 PART 10--JUDICIAL AND OTHER IMMUNITIES 60 Children, Youth and Families Act 2005--Protection of registrars In section 542 of the Children, Youth and 5 Families Act 2005, after "their duties" insert "in good faith". See: 61 Coroners Act 2008--Protection of coroners and Act No. 77/2008 registrars and amending In section 101(2) of the Coroners Act 2008, after Act Nos 10 68/2009, "as a registrar" insert "in good faith". 69/2009, 13/2010, 29/2010 and 34/2010. LawToday: www. legislation. vic.gov.au See: 62 County Court Act 1958--New section 19 inserted Act No. 6230. Reprint No. 14 After section 18 of the County Court Act 1958 as at insert-- 1 August 2010 and "19 Protection of registrars amending 15 Act No. 34/2010. (1) A registrar has, in the performance of his or LawToday: her duties as a registrar in good faith, the www. legislation. same protection and immunity as a judge has vic.gov.au in the performance of his or her duties as a judge. 20 (2) A deputy registrar has, in the performance of his or her duties as a deputy registrar in good faith, the same protection and immunity as a judge has in the performance of his or her duties as a judge.". 25 561502B.I-12/8/2010 74 BILL LA INTRODUCTION 12/8/2010

Justice Legislation Further Amendment Bill 2010 Part 10--Judicial and Other Immunities s. 63 63 Magistrates' Court Act 1989--Protection of See: magistrates Act No. 51/1989. At the end of section 14 of the Magistrates' Reprint No. 15 as at Court Act 1989 insert-- 5 April 2010 and 5 "(2) For the purposes of subsection (1), the amending Act Nos protection and immunity extends to the 51/2006, conduct of a committal proceeding.". 52/2008, 12/2010, 29/2010, 30/2010, 34/2010 and 40/2010. LawToday: www. legislation. vic.gov.au 64 Magistrates' Court Act 1989--Protection of registrars 10 In section 24 of the Magistrates' Court Act 1989, for "as such" substitute "in good faith". 65 Supreme Court Act 1986--Powers and functions of See: Act No. costs registrar 110/1986. Reprint No. 6 Section 17G(4) of the Supreme Court Act 1986 as at 28 April 2006 15 is repealed. and amending Act Nos 48/2006, 24/2007, 8/2008, 9/2008, 23/2008, 24/2008, 78/2008, 4/2009, 9/2009, 20 50/2009, 68/2009, 69/2009, 11/2010, 30/2010, 34/2010 and 40/2010. LawToday: www. legislation. vic.gov.au 561502B.I-12/8/2010 75 BILL LA INTRODUCTION 12/8/2010

Justice Legislation Further Amendment Bill 2010 Part 10--Judicial and Other Immunities s. 66 66 Supreme Court Act 1986--New Division 3B of Part 2 inserted After section 24C of the Supreme Court Act 1986 insert-- 5 "Division 3B--Immunities and protections 24D Immunity and protection of Judge of Court extends to administrative functions Without limiting any other law, whether written or unwritten, the immunity and 10 protection that a Judge of the Court has in the performance of his or her duties as Judge extends and applies to the performance or exercise of an administrative function or power conferred on the Judge or on the 15 Court by or under any Act or any other law. 24E Immunity and protection of Associate Judges Without limiting any other law, whether written or unwritten, an Associate Judge has 20 in the performance of his or her duties as an Associate Judge, the same protection and immunity as a Judge of the Court has in the performance of his or her duties as a Judge. 24F Immunity and protection of specified 25 court officers (1) A specified court officer has, in the performance of his or her duties as that officer in good faith, the same immunity and protection as a Judge of the Court has in the 30 performance of his or her duties as Judge. (2) In subsection (1) specified court officer means the following persons employed in accordance with section 106-- (a) the prothonotary; 561502B.I-12/8/2010 76 BILL LA INTRODUCTION 12/8/2010

Justice Legislation Further Amendment Bill 2010 Part 10--Judicial and Other Immunities s. 67 (b) the registrar of probates; (c) a registrar; (d) a costs registrar; (e) a deputy registrar; 5 (f) a deputy prothonotary; (g) an assistant registrar of probates; (h) a deputy costs registrar.". 67 Victims of Crime Assistance Act 1996--Protection of members, advocates and witnesses 10 In section 63(1A) of the Victims of Crime Assistance Act 1996, for "as such" substitute "in good faith". 68 Victorian Civil and Administrative Tribunal Act See: Act No. 1998--Immunity of participants 53/1998. Reprint No. 6 15 In section 143(8)(b) of the Victorian Civil and as at 1 January Administrative Tribunal Act 1998, after 2009 "conferences)" insert "in good faith". and amending Act Nos 48/2008, 76/2008, 6/2009, 14/2009, 68/2009, 69/2009 and 16/2010. LawToday: www. legislation. vic.gov.au __________________ 561502B.I-12/8/2010 77 BILL LA INTRODUCTION 12/8/2010

Justice Legislation Further Amendment Bill 2010 Part 11--Amendment of Prostitution Control Act 1994 s. 69 PART 11--AMENDMENT OF PROSTITUTION CONTROL ACT 1994 69 New Part 2A inserted See: After Part 2 of the Prostitution Control Act 1994 Act No. 5 102/1994. insert-- Reprint No. 6 as at 1 May 2008 "PART 2A--BANNING NOTICES and amending 21B Definitions Act Nos 24/2008, 46/2008, In this Part-- 82/2008, 25/2009, declared area means an area for which a 10 68/2009, declaration by the Minister under 69/2009 and 1/2010. section 18(4) of the Summary LawToday: Offences Act 1966 is in force; www. legislation. relevant offence means an offence against vic.gov.au section 12(2)(b); 15 relevant police member means-- (a) an authorised member of the police force; or (b) a member of the police force authorised under section 21K to 20 be a relevant police member. 21C Issue of banning notice (1) A relevant police member who suspects on reasonable grounds that a person is committing or has just committed a relevant 25 offence within a declared area may give the person a notice banning the person, for the period specified in the notice, from the declared area. 561502B.I-12/8/2010 78 BILL LA INTRODUCTION 12/8/2010

Justice Legislation Further Amendment Bill 2010 Part 11--Amendment of Prostitution Control Act 1994 s. 69 (2) The period specified in the banning notice must not exceed 72 hours starting from the time the notice is given to the person to whom it applies. 5 (3) A relevant police member must not give a banning notice to a person unless the member believes on reasonable grounds that the giving of the notice may be effective in preventing or deterring the person from 10 committing a further relevant offence. (4) In determining whether there are reasonable grounds for his or her belief under subsection (3), the relevant police member must consider-- 15 (a) whether the person is likely to commit a further relevant offence; and (b) whether the person is likely to be charged with the relevant offence; and (c) whether the person should be arrested 20 or held in custody pending the hearing of any charges against the person in respect of the relevant offence; and (d) any other matter the member considers relevant. 25 (5) A relevant police member must produce proof of his or her identity and official status before giving a banning notice to a person, unless the member is in uniform. (6) A relevant police member cannot give a 30 banning notice referred to in subsection (1) to a person if the member believes or has reasonable grounds for believing that the person lives or works in the declared area. 561502B.I-12/8/2010 79 BILL LA INTRODUCTION 12/8/2010

Justice Legislation Further Amendment Bill 2010 Part 11--Amendment of Prostitution Control Act 1994 s. 69 (7) No more than one banning notice may be given to a person for a declared area in respect of the same relevant offence, but a banning notice may be given to a person who 5 is already subject to a banning notice for the declared area if the subsequent notice is given in respect of a separate relevant offence. 21D Content of banning notice 10 (1) A banning notice must include the following details-- (a) the name of the person to whom the notice applies; (b) the declared area in which the banning 15 notice applies, including a map of the declared area; (c) the specified period for which the notice applies; (d) the name, rank and place of duty of the 20 relevant police member giving the notice. (2) A banning notice must state-- (a) that the relevant police member giving the notice suspects that the person has 25 committed an offence against section 12(2)(b) within the declared area in which the banning notice applies; and (b) the grounds for the suspicion; and 30 (c) that the person must not enter the declared area during the specified period; and 561502B.I-12/8/2010 80 BILL LA INTRODUCTION 12/8/2010

Justice Legislation Further Amendment Bill 2010 Part 11--Amendment of Prostitution Control Act 1994 s. 69 (d) that, if the person is in the declared area, the person must leave the declared area in accordance with a direction of a member of the police force to do so; 5 and (e) that it is an offence not to comply with the notice or with a direction given by a member of the police force to leave the declared area; and 10 (f) the maximum penalties for those offences. (3) A banning notice must include advice that the person to whom the notice applies may apply to a member of the police force of or 15 above the rank of sergeant for a review of the notice. 21E Requirement to give name and address (1) Before giving a banning notice to a person, a relevant police member may request the 20 person to state the person's name and address. (2) A relevant police member who makes a request under subsection (1) must inform the person of the member's intention to give the 25 person a banning notice. (3) A person must not, in response to a request made by a relevant police member in accordance with this section-- (a) refuse or fail to comply with the request 30 without a reasonable excuse for not doing so; or (b) state a name that is false in a material particular; or 561502B.I-12/8/2010 81 BILL LA INTRODUCTION 12/8/2010

Justice Legislation Further Amendment Bill 2010 Part 11--Amendment of Prostitution Control Act 1994 s. 69 (c) state an address other than the full and correct address of his or her ordinary place of residence or business. Penalty: 5 penalty units. 5 (4) A person who is requested to state his or her name and address may request the member who made the request to state, orally or in writing, the member's name, rank and place of duty. 10 (5) A relevant police member must not, in response to a request under subsection (4)-- (a) refuse or fail to comply with the request; or (b) state a name or rank that is false in a 15 material particular; or (c) state as his or her place of duty an address other than the name of the police station which is the member's ordinary place of duty; or 20 (d) refuse to comply with the request in writing if requested to do so. Penalty: 5 penalty units. (6) If a person states a name and address in response to a request made under 25 subsection (1) and the member who made the request suspects on reasonable grounds that the stated name or address may be false, the member may request the person to produce evidence of the correctness of the name and 30 address. (7) The person must comply with the request, unless he or she has a reasonable excuse for not doing so. Penalty: 5 penalty units. 561502B.I-12/8/2010 82 BILL LA INTRODUCTION 12/8/2010

Justice Legislation Further Amendment Bill 2010 Part 11--Amendment of Prostitution Control Act 1994 s. 69 (8) It is not an offence for a person to fail to comply with a request made under subsection (1) or (6) if the member who made the request did not inform the person, 5 at the time the request was made, that it is an offence to fail to comply with the request. 21F Variation and revocation of banning notice (1) A person to whom a banning notice applies 10 may apply in writing or orally to a member of the police force of or above the rank of sergeant for a review of the banning notice. (2) A member of the police force of or above the rank of sergeant may vary or revoke a 15 banning notice at any time, by written notice given to the person to whom the notice applies. (3) A banning notice must not be varied under subsection (2) to extend the period for which 20 the notice applies. (4) If a banning notice is varied or revoked under subsection (2), the person to whom the notice was given does not have a right of compensation in relation to the issuing of the 25 banning notice in its original form. 21G Offence to contravene banning notice or fail to comply with police directions (1) A person to whom a banning notice applies must not enter, or attempt to enter, the 30 declared area in contravention of the notice. Penalty: 20 penalty units. 561502B.I-12/8/2010 83 BILL LA INTRODUCTION 12/8/2010

Justice Legislation Further Amendment Bill 2010 Part 11--Amendment of Prostitution Control Act 1994 s. 69 (2) If the person is in the declared area in contravention of the notice, he or she must comply with any direction given by a member of the police force under 5 section 21H. Penalty: 20 penalty units. (3) It is a defence to a charge for an offence against subsection (1) or (2) if-- (a) the accused was under a mistaken but 10 honest and reasonable belief about facts which, had they existed, would have meant that the conduct would not have constituted an offence; or (b) the conduct constituting the offence 15 was caused by circumstances beyond the control of the accused and the accused had taken reasonable precautions to avoid committing an offence; or 20 (c) at the time of the contravention, the person lived or worked in the declared area. (4) Despite subsection (2), it is not an offence for a person to fail to comply with a direction 25 given by a member of the police force under section 21H if the member of the police force did not comply with section 21H(3). (5) Section 72 of the Criminal Procedure Act 2009 applies in the circumstances referred to 30 in subsection (4). 21H Direction to leave declared area (1) This section applies if a person to whom a banning notice applies is in the declared area in contravention of the notice. 561502B.I-12/8/2010 84 BILL LA INTRODUCTION 12/8/2010

Justice Legislation Further Amendment Bill 2010 Part 11--Amendment of Prostitution Control Act 1994 s. 69 (2) Subject to subsection (3), a member of the police force may direct the person to leave the declared area in the manner, if any, directed by the member. 5 (3) A member of the police force must-- (a) produce proof of his or her identity and official status before exercising a power under subsection (2) unless the member is in uniform; and 10 (b) inform the person that-- (i) the member of the police force is empowered to direct the person to leave the declared area; and (ii) it is an offence to fail to comply 15 with the direction; and (iii) if the person refuses to comply with the direction, the member may use reasonable force to remove the person from the 20 declared area; and (c) make all reasonable attempts to ensure that the person understands the direction. (4) A direction under subsection (2)-- 25 (a) may be given orally or in writing; and (b) must be reasonable in all the circumstances. 561502B.I-12/8/2010 85 BILL LA INTRODUCTION 12/8/2010

Justice Legislation Further Amendment Bill 2010 Part 11--Amendment of Prostitution Control Act 1994 s. 69 21I Police may use reasonable force to remove person (1) A member of the police force, using no more force than is reasonably necessary, may-- 5 (a) prevent a person from entering, or attempting to enter, a declared area contrary to section 21G(1); (b) remove a person from a declared area after the person has refused to comply 10 with a direction under section 21H. (2) Nothing in this section limits any powers of arrest that a member of the police force has under any other law. (3) Any action taken under this section does not 15 prevent the institution of proceedings in respect of an offence. 21J Infringement notices (1) If a member of the police force has reason to believe that a person has committed an 20 offence against section 21G(1) or (2), the member of the police force may serve an infringement notice on the person. (2) The infringement penalty for an offence referred to in subsection (1) is 2 penalty 25 units. (3) An offence referred to in subsection (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006. 30 21K Relevant police members (1) A member of the police force of or above the rank of sergeant may authorise a member of the police force to be a relevant police member for the purposes of this Part. 561502B.I-12/8/2010 86 BILL LA INTRODUCTION 12/8/2010

Justice Legislation Further Amendment Bill 2010 Part 11--Amendment of Prostitution Control Act 1994 s. 69 (2) An authorisation under subsection (1) may be given in writing, orally or by telephone. 21L Report by Chief Commissioner (1) The Chief Commissioner must submit a 5 report to the Minister in respect of the operational period of this Part that includes the following information-- (a) the number of banning notices given; (b) the number of persons to whom 10 banning notices were given; (c) the number of banning notices given to each person who was given more than one banning notice; (d) the declared areas in which those 15 offences were suspected of being committed; (e) the ages of the persons to whom banning notices were given; (f) whether any of the persons to whom 20 banning notices were given were of Koori origin; (g) the number of banning notices given in relation to each declared area. (2) The Chief Commissioner must cause the 25 information to be collected that is necessary to enable the report to be prepared. (3) The Chief Commissioner must submit a report under this section to the Minister within 3 months after the end of the 30 operational period of this Part. 561502B.I-12/8/2010 87 BILL LA INTRODUCTION 12/8/2010

Justice Legislation Further Amendment Bill 2010 Part 11--Amendment of Prostitution Control Act 1994 s. 69 (4) The Minister must cause a report under this section to be presented to each House of Parliament within 7 sitting days of that House after the report is received by the 5 Minister. (5) In this section-- Minister means the Minister administering the Police Regulation Act 1958; operational period of this Part means the 10 period commencing on 1 January 2011 and ending on 31 December 2011. 21M Sunset provision This Part is repealed on the anniversary of the coming into operation of Part 11 of the 15 Justice Legislation Further Amendment Act 2010. __________________". __________________ 561502B.I-12/8/2010 88 BILL LA INTRODUCTION 12/8/2010

Justice Legislation Further Amendment Bill 2010 Part 12--Repeal of Amending Act s. 70 PART 12--REPEAL OF AMENDING ACT 70 Repeal of amending Act This Act is repealed on the first anniversary of the first day on which all of its provisions are in 5 operation. 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). 561502B.I-12/8/2010 89 BILL LA INTRODUCTION 12/8/2010

Justice Legislation Further Amendment Bill 2010 Endnotes ENDNOTES By Authority. Government Printer for the State of Victoria. 561502B.I-12/8/2010 90 BILL LA INTRODUCTION 12/8/2010

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