Victorian Current Acts Victorian Current Acts(1) The Governor in Council may make regulations for or with respect to—
(a) matters incidental to the making of reports under Part 3 including—
(i) the manner and form in which a report must be made; and
(ii) the nature of any verifying documentation or evidence to be produced in support of a report; and
(iii) requiring that a report contain additional information to that required by that Part;
S. 75(1)(a)(iv) inserted by No. 82/2014 s. 25.
(iv) without limiting any other power under this section, for the purposes of section 21A, the documents to be produced to verify or support the details in a report referred to in that section;
(b) the form of, or the information to be included in, any notice or other document that is required by this Act to be given to registrable offenders;
(c) the manner and form in which the Register is to be established and maintained, including the manner and form in which information is to be entered in the Register;
(d) requiring or permitting the Chief Commissioner of Police to remove specified information, or information of a specified class, from the Register;
(e) the notification of reporting obligations to registrable offenders, including—
(i) the manner and form in which the information is to be given to registrable offenders;
(ii) permitting the person notifying a registrable offender to ask the registrable offender to acknowledge being given the notice;
(iii) making special provision for the notification of registrable offenders who are children or who have disabilities or other special needs;
(iv) permitting or requiring a person or body to be notified of a registrable offender's status as a child or person who has a disability or other special need to facilitate notification and reporting;
(v) providing for the notification to be given to a carer of, or a person nominated by, a registrable offender who may be unable to understand his or her reporting obligations or the consequences of failing to comply with those obligations;
(vi) requiring that a registrable offender be given additional information to that required by this Act;
(vii) requiring a person or body to provide specified information to registrable offenders concerning their reporting obligations;
(viii) requiring a person or body to inform the Chief Commissioner of Police—
(A) that a registrable offender has left the custody or control of the person or body;
(B) that the person or body has given specified information to a registrable offender;
(C) that, in the opinion of the person or body, a registrable offender does or does not have the legal capacity to understand specified information;
(ix) requiring a person or body to give the Chief Commissioner of Police any acknowledgment by a registrable offender of the receipt of a notice or any other specified information that is held by the person or body;
(f) empowering the Chief Commissioner of Police to give directions as to which police stations are to be used as a venue for the making of reports;
(g) providing that a police station, or a class of police station, is not to be used as a venue for the making of reports without the consent of the Chief Commissioner of Police;
(h) requiring a person or body to create records for the purposes of this Act and to retain those records for a specified period or an unlimited period;
S. 75(1)(ha) inserted by No. 79/2006 s. 54(2).
(ha) prescribing an entity as the supervising authority in relation to a class of offender;
(i) prescribing a person included in a specified class of persons as a corresponding registrable offender for the purposes of this Act;
(j) stating that a specified class of order made under a specified corresponding Act is a corresponding sex offender registration order for the purposes of this Act;
S. 75(1)(ja) inserted by No. 21/2016 s. 10.
(ja) matters in respect of or incidental to prohibition orders and registration orders including the form of, and information to be included in, any notice required to be given to the registrable offender or any other person;
S. 75(1)(jb) inserted by No. 21/2016 s. 10.
(jb) matters in respect of or incidental to seizure of things under Part 4A, including the form of, and information to be included in, receipts and registers, and processes for returning seized things;
(k) prescribing any other matter required or permitted by this Act to be prescribed or that it is necessary or convenient to prescribe to give effect to this Act.
(2) The regulations—
(a) may be of general or of specially limited application; and
(b) may differ according to differences in time, place or circumstance; and
(c) may require a matter affected by the regulations to be—
(i) in accordance with a specified standard or specified requirement; or
(ii) approved by or to the satisfaction of a specified person or a specified class of person; or
(iii) as specified in both subparagraphs (i) and (ii); and
(d) may confer a discretionary authority or impose a duty on a specified person or a specified class of person; and
(e) may provide in a specified case or class of case for the exemption of persons or things from any of the provisions of the regulations, whether unconditionally or on specified conditions, and either wholly or to such an extent as is specified; and
(f) may impose a penalty not exceeding 20 penalty units for a contravention of the regulations.
S. 75(3) inserted by No. 79/2006 s. 54(3).
(3) Regulations made under section 75(1)(ha) may prescribe an entity as the supervising authority in relation to a class of offender even if the entity has no direct or actual supervision of offenders belonging to that class.
S. 73L inserted by No. 37/2022 s. 7.
73L Transitional provision—Justice Legislation Amendment (Police and Other Matters) Act 2022
(1) On and from the commencement day, unless an order is made under this section, the old law continues to apply to an offence for which a person has been found guilty before the commencement day.
(2) A person who is a registrable offender merely because the person has been found guilty of a relevant offence may apply to the sentencing court for an order that the person ceases to be a registrable offender.
(3) An application under subsection (2) may be made during the period that commences on the commencement day and ends 2 years after the commencement day.
(4) On application under subsection (2), the sentencing court may make an order that the person ceases to be a registrable offender if the court is satisfied that the court would not have made a sex offender registration order under section 11 in relation to the person, if the relevant offence for which the person was sentenced were an offence to which Schedule 4 applied.
(5) A person who applies for an order under this section must serve a copy of the application for the order on the Chief Commissioner of Police as soon as practicable after the application is filed with the sentencing court.
(6) The Chief Commissioner of Police is a party to an application under subsection (2) and may make any submission to the sentencing court in respect of the application.
(7) An order of the sentencing court under this section has effect from the day on which it is made.
(8) In this section—
"commencement day" means the day on which section 8(1) of the Justice Legislation Amendment (Police and Other Matters) Act 2022 comes into operation;
"new law" means item 16A of Schedule 2 to this Act as in force on and after the commencement day;
"old law" means item 16A of Schedule 2 to this Act as in force before the commencement day;
"relevant offence" means an offence to which the old law applied before the commencement day but to which the new law does not apply on and after the commencement day;
"sentencing court", in relation to a relevant offence, means the court that sentenced the offender for the relevant offence.
(9) This section is repealed on the third anniversary of the commencement day.
Pt 7 (Heading and ss 76–79) repealed by No. 28/2007 s. 3(Sch. item 61.2).
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