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POLICE AND EMERGENCY MANAGEMENT LEGISLATION AMENDMENT BILL 2012

                 PARLIAMENT OF VICTORIA

      Police and Emergency Management Legislation
                  Amendment Bill 2012



                      TABLE OF PROVISIONS
Clause                                                                  Page

PART 1--PRELIMINARY                                                        2
  1      Purposes                                                          2
  2      Commencement                                                      2

PART 2--AMENDMENTS TO THE BUSHFIRES ROYAL
COMMISSION IMPLEMENTATION MONITOR ACT 2011                                 4
  3      Definitions                                                       4
  4      Terms and conditions                                              4
  5      Reports made by the Implementation Monitor under this Act         4
  6      Sunset provision                                                  5

PART 3--AMENDMENTS TO THE COUNTRY FIRE
AUTHORITY ACT 1958                                                         6
  7      Determination of sole responsibility for fire suppression in
         certain areas                                                     6

PART 4--AMENDMENTS TO THE POLICE REGULATION
ACT 1958                                                                   7
  8      Constitution of the police force                                  7
  9      Authority of Chief Commissioner and officers                      7

PART 5--AMENDMENTS TO THE SALE OF LAND ACT 1962                            8
  10      Statement of matters affecting land being sold                   8

PART 6--REPEAL OF AMENDING ACT                                             9
  11     Repeal of amending Act                                            9
                          

ENDNOTES                                                                  10




571294B.I-2/5/2012                     i        BILL LA INTRODUCTION 2/5/2012

 


 

PARLIAMENT OF VICTORIA Introduced in the Assembly Police and Emergency Management Legislation Amendment Bill 2012 A Bill for an Act to amend the Bushfires Royal Commission Implementation Monitor Act 2011 to extend the operation of that Act, to amend the Country Fire Authority Act 1958 as to persons who are able to exercise the powers of the Chief Officer of the Country Fire Authority where an officer of the Country Fire Authority is not present, to amend the Police Regulation Act 1958 as to appointments of Deputy and Assistant Commissioners and as to standards as to grooming and clothing accessories, and to amend the Sale of Land Act 1962 to require a vendor's statement to disclose when land is in a bushfire-prone area and for other purposes. The Parliament of Victoria enacts: 571294B.I-2/5/2012 1 BILL LA INTRODUCTION 2/5/2012

 


 

Police and Emergency Management Legislation Amendment Bill 2012 Part 1--Preliminary s. 1 PART 1--PRELIMINARY 1 Purposes The main purposes of this Act are-- (a) to amend the Bushfires Royal Commission 5 Implementation Monitor Act 2011 to extend the operation of that Act and reporting requirements under it for a further 2 years; and (b) to amend the Country Fire Authority Act 10 1958 to expand the category of persons who are able to exercise the powers of the Chief Officer of the Country Fire Authority in circumstances where an officer of the Country Fire Authority is not present; and 15 (c) to amend the Police Regulation Act 1958-- (i) to remove the limitations on the number of Deputy Commissioners and Assistant Commissioners that may be appointed under the Act; and 20 (ii) to enable the Chief Commissioner to determine standards as to grooming and clothing accessories; and (d) to amend the Sale of Land Act 1962 to require a vendor's statement to disclose when 25 land is in a bushfire-prone area. 2 Commencement (1) This Part and Parts 2, 3, 4 and 6 come into operation on the day after the day on which this Act receives the Royal Assent. 30 (2) Subject to subsection (3), Part 5 comes into operation on a day to be proclaimed. 571294B.I-2/5/2012 2 BILL LA INTRODUCTION 2/5/2012

 


 

Police and Emergency Management Legislation Amendment Bill 2012 Part 1--Preliminary s. 2 (3) If Part 5 does not come into operation before 31 July 2013, it comes into operation on that day. __________________ 571294B.I-2/5/2012 3 BILL LA INTRODUCTION 2/5/2012

 


 

Police and Emergency Management Legislation Amendment Bill 2012 Part 2--Amendments to the Bushfires Royal Commission Implementation s. 3 Monitor Act 2011 PART 2--AMENDMENTS TO THE BUSHFIRES ROYAL COMMISSION IMPLEMENTATION MONITOR ACT 2011 3 Definitions See: (1) In section 3 of the Bushfires Royal Commission Act No. 5 6/2011. Implementation Monitor Act 2011 insert the LawToday: following definition-- www. legislation. vic.gov.au "BRCIM Annual Report means a Bushfires Royal Commission Implementation Monitor Annual Report prepared by the 10 Implementation Monitor under section 20(1)(c) or (d);". (2) In section 3 of the Bushfires Royal Commission Implementation Monitor Act 2011, in the definition of BRCIM Report-- 15 (a) in paragraph (b) after "Report;" insert "and"; and (b) after paragraph (b) insert-- "(c) a BRCIM Annual Report;". 4 Terms and conditions 20 In section 7(1)(a) of the Bushfires Royal Commission Implementation Monitor Act 2011, for "2012" substitute "2014". 5 Reports made by the Implementation Monitor under this Act 25 (1) In section 20(1) of the Bushfires Royal Commission Implementation Monitor Act 2011-- (a) for "2" substitute "4"; and (b) in paragraph (b), for "2012." substitute 30 "2012;"; and 571294B.I-2/5/2012 4 BILL LA INTRODUCTION 2/5/2012

 


 

Police and Emergency Management Legislation Amendment Bill 2012 Part 2--Amendments to the Bushfires Royal Commission Implementation s. 6 Monitor Act 2011 (c) after paragraph (b) insert-- "(c) 31 July 2013; (d) 31 July 2014.". (2) After section 20(2) of the Bushfires Royal 5 Commission Implementation Monitor Act 2011 insert-- "(3) A BRCIM Annual Report must include a report-- (a) on the progress of any implementation 10 action that has not been completed as at the date of the previous BRCIM Report; and (b) on any other matter requested by the Minister.". 15 6 Sunset provision In section 25 of the Bushfires Royal Commission Implementation Monitor Act 2011, for "2012" substitute "2014". __________________ 571294B.I-2/5/2012 5 BILL LA INTRODUCTION 2/5/2012

 


 

Police and Emergency Management Legislation Amendment Bill 2012 Part 3--Amendments to the Country Fire Authority Act 1958 s. 7 PART 3--AMENDMENTS TO THE COUNTRY FIRE AUTHORITY ACT 1958 7 Determination of sole responsibility for fire suppression in certain areas 5 See: Act No. In section 33(2)(a) of the Country Fire 6228. Authority Act 1958, for "forest officer" Reprint No. 13 substitute "person to whom section 30A applies". as at 6 May 2010 and amending Act Nos 6/2010, 29/2010, 54/2010, 64/2010, 73/2010, 78/2010, 10/2011, 29/2011, 56/2011 and 5/2012. LawToday: www. legislation. vic.gov.au __________________ 571294B.I-2/5/2012 6 BILL LA INTRODUCTION 2/5/2012

 


 

Police and Emergency Management Legislation Amendment Bill 2012 Part 4--Amendments to the Police Regulation Act 1958 s. 8 PART 4--AMENDMENTS TO THE POLICE REGULATION ACT 1958 8 Constitution of the police force In section 4(2) of the Police Regulation Act See: Act No. 5 1958-- 6338. Reprint No. 14 (a) omit "(not exceeding four)"; and as at 27 April 2012 (b) omit "(not exceeding ten)". and amending Act No. 13/2012. LawToday: www. legislation. vic.gov.au 9 Authority of Chief Commissioner and officers (1) In section 5(2)(b) of the Police Regulation Act 10 1958, for "carried." substitute "carried; and". (2) After section 5(2)(b) of the Police Regulation Act 1958 insert-- "(c) standards of grooming and acceptable clothing accessories for members of the 15 force, police recruits, police reservists and protective services officers, which may-- (i) differ based on sex, gender identity, physical features or religious belief or activity; and 20 (ii) provide for exceptions based on genuine medical, cultural or religious grounds.". (3) After section 5(2) of the Police Regulation Act 1958 insert-- 25 "(3) For the purposes of subsection (2)(c), acceptable clothing accessories includes but is not limited to jewellery, headgear, sunglasses and makeup.". __________________ 571294B.I-2/5/2012 7 BILL LA INTRODUCTION 2/5/2012

 


 

Police and Emergency Management Legislation Amendment Bill 2012 Part 5--Amendments to the Sale of Land Act 1962 s. 10 PART 5--AMENDMENTS TO THE SALE OF LAND ACT 1962 10 Statement of matters affecting land being sold See: After section 32(2)(db) of the Sale of Land Act Act No. 6975. 1962 insert-- Reprint No. 14 5 as at "(dc) if the land is in a bushfire-prone area within 17 March 2011 the meaning of regulations made under the and Building Act 1993, a statement that the land amending Act Nos is in such an area;". 92/1990, 54/2010, 63/2010 and 31/2011. LawToday: www. legislation. vic.gov.au __________________ 571294B.I-2/5/2012 8 BILL LA INTRODUCTION 2/5/2012

 


 

Police and Emergency Management Legislation Amendment Bill 2012 Part 6--Repeal of Amending Act s. 11 PART 6--REPEAL OF AMENDING ACT 11 Repeal of amending Act This Act is repealed on 31 July 2014. Note 5 The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984). 571294B.I-2/5/2012 9 BILL LA INTRODUCTION 2/5/2012

 


 

Police and Emergency Management Legislation Amendment Bill 2012 Endnotes ENDNOTES By Authority. Government Printer for the State of Victoria. 571294B.I-2/5/2012 10 BILL LA INTRODUCTION 2/5/2012

 


 

 


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