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This is a Bill, not an Act. For current law, see the Acts databases.


Crimes Amendment (Trespass) Bill 2019

                  PARLIAMENT OF VICTORIA

          Crimes Amendment (Trespass) Bill 2019



                       TABLE OF PROVISIONS
Clause                                                                  Page
Part 1--Preliminary                                                         1
  1      Purposes                                                          1
  2      Commencement                                                      1
Part 2--Amendment of the Crimes Act 1958                                    2
  3      Definitions                                                       2
  4      New sections 77D and 77E inserted                                 3
Part 3--Amendment of the Sentencing Act 1991                                7
  5      Definitions                                                       7
  6      New section 9D inserted                                           7
  7      Special reasons relevant to imposing minimum non-parole
         periods                                                           8
Part 4--Amendment of the Summary Offences Act 1966                          9
  8      Wilful destruction, damage etc. of property                       9
Part 5--Repeal of this Act                                                 10
  9      Repeal of this Act                                               10
                               ═════════════
Endnotes                                                                  11
  1      General information                                              11




591PM56B.I-10/9/2019                    i      BILL LC INTRODUCTION 10/9/2019

 


 

PARLIAMENT OF VICTORIA Introduced in the Council by Jeff Bourman Crimes Amendment (Trespass) Bill 2019 A Bill for an Act to amend the Crimes Act 1958, the Sentencing Act 1991 and the Summary Offences Act 1966 to create offences relating to trespass on land with intent to undertake activities that interfere with activities involving animals, and for other purposes. The Parliament of Victoria enacts: Part 1--Preliminary 1 Purposes The main purpose of this Act is to amend the Crimes Act 1958, the Sentencing Act 1991 5 and the Summary Offences Act 1966 to create offences relating to trespass on land with intent to interfere with activities involving animals. 2 Commencement This Act comes into operation 28 days after the 10 day on which it receives the Royal Assent. 591PM56B.I-10/9/2019 1 BILL LC INTRODUCTION 10/9/2019

 


 

Crimes Amendment (Trespass) Bill 2019 Part 2--Amendment of the Crimes Act 1958 Part 2--Amendment of the Crimes Act 1958 3 Definitions In section 2A(1) of the Crimes Act 1958 insert the following definitions-- 5 "animal enterprise means any of the following-- (a) the maintenance of animals for the purpose of selling them or their natural increase or bodily produce; (b) the keeping of bees for the purpose of 10 selling their honey; (c) commercial fishing, including the preparation for commercial fishing or the storage or preservation of fish or fishing gear; 15 animal recreational activity means any activity undertaken for the purposes of recreation or sport that involves the use of animals; Examples 1 Aquarium, animal sanctuary, zoo and petting 20 zoo activities. 2 Fishing and fish hatchery activities. 3 Greyhound racing. 4 Horse-racing. 5 Hunting. 25 6 Rodeo.". 591PM56B.I-10/9/2019 2 BILL LC INTRODUCTION 10/9/2019

 


 

Crimes Amendment (Trespass) Bill 2019 Part 2--Amendment of the Crimes Act 1958 4 New sections 77D and 77E inserted After section 77C of the Crimes Act 1958 insert-- "77D Trespass with intent to interfere with 5 animal enterprise or animal recreational activity (1) A person must not enter land or any other place as a trespasser with intent to make an audio or visual recording of another person, 10 or an animal, involved in or associated with an animal enterprise or animal recreational activity. Penalty: Imprisonment for 4 years. (2) A person must not operate, or attempt to 15 operate, a remotely-piloted aircraft or helicopter with intent to make an audio or visual recording of another person, or an animal, involved in or associated with an animal enterprise or animal recreational 20 activity-- (a) in the airspace above the land on which the enterprise or activity is conducted at or below 400 feet above ground level; or 25 (b) in or at the place at which the enterprise or activity is conducted; or (c) outside but near the place at which the enterprise or activity is conducted. Penalty: Imprisonment for 4 years. 30 (3) A person does not commit an offence against subsection (2) if the person has the permission of the owner of the relevant land, or a person with a leasehold interest in the relevant land, to carry out the activities 35 described in that subsection. 591PM56B.I-10/9/2019 3 BILL LC INTRODUCTION 10/9/2019

 


 

Crimes Amendment (Trespass) Bill 2019 Part 2--Amendment of the Crimes Act 1958 77E Aggravated trespass with intent to interfere with animal enterprise or animal recreational activity (1) A person must not enter land or any other 5 place as a trespasser with intent to injure or harass another person, or an animal, or to place in danger an animal, involved in or associated with an animal enterprise or animal recreational activity. 10 Penalty: Level 6 imprisonment (5 years maximum). (2) A person must not assemble with any other person on land or any other place near an animal enterprise or animal recreational 15 activity for the purposes of intimidating or harassing any person involved in or associated with the enterprise or activity. Penalty: Level 6 imprisonment (5 years maximum). 20 (3) Subsection (2) does not apply to-- (a) an assembly for the purposes of lawful industrial action; or (b) an assembly otherwise required or authorised by law. 25 (4) A person must not enter land or any other place as a trespasser with intent to release from captivity an animal involved in or associated with an animal enterprise or animal recreational activity without the 30 permission of the animal's owner. Penalty: Level 6 imprisonment (5 years maximum). 591PM56B.I-10/9/2019 4 BILL LC INTRODUCTION 10/9/2019

 


 

Crimes Amendment (Trespass) Bill 2019 Part 2--Amendment of the Crimes Act 1958 (5) A person must not enter land or any other place as a trespasser with intent to destroy or damage any thing used in or in connection with an animal enterprise or animal 5 recreational activity. Penalty: Level 6 imprisonment (5 years maximum). (6) A person must not operate, or attempt to operate, a remotely-piloted aircraft or 10 helicopter with intent to make an audio or visual recording of another person, or an animal, involved in or associated with an animal enterprise or animal recreational activity, for real-time broadcast on a website 15 or social media-- (a) in the airspace above the land on which the enterprise or activity is conducted at or below 400 feet above ground level; or 20 (b) in or at the place at which the enterprise or activity is conducted; or (c) outside but near the place at which the enterprise or activity is conducted. Penalty: Level 6 imprisonment (5 years 25 maximum). (7) A person does not commit an offence against subsection (6) if the person has the permission of the owner of the relevant land, or a person with a leasehold interest in the 30 relevant land, to carry out the activities described in that subsection. 591PM56B.I-10/9/2019 5 BILL LC INTRODUCTION 10/9/2019

 


 

Crimes Amendment (Trespass) Bill 2019 Part 2--Amendment of the Crimes Act 1958 (8) Despite sections 28 and 29 of the Criminal Procedure Act 2009, an offence against this section must not be heard and determined summarily. 5 Notes 1 An offence against this section is a category 1 offence under the Sentencing Act 1991. See section 5(2G) of that Act for the requirement to impose a custodial order for this offence. 10 2 Section 9D of the Sentencing Act 1991 requires that a term of imprisonment be imposed for an offence against this section and that a non-parole period of not less than 6 months be fixed under section 11 of that Act unless the court finds under section 10A of that Act 15 that a special reason exists. 3 If a court makes a finding under section 10A of the Sentencing Act 1991 that a special reason exists, the requirements of section 9D of that Act do not apply and the court has full sentencing discretion. See also 20 section 5(2G) of that Act.". 591PM56B.I-10/9/2019 6 BILL LC INTRODUCTION 10/9/2019

 


 

Crimes Amendment (Trespass) Bill 2019 Part 3--Amendment of the Sentencing Act 1991 Part 3--Amendment of the Sentencing Act 1991 5 Definitions In section 3(1) of the Sentencing Act 1991, after 5 paragraph (ia) of the definition of category 1 offence insert-- "(iab) an offence against section 77E of the Crimes Act 1958 (aggravated trespass with intent to interfere with animal enterprise or animal 10 recreational activity);". 6 New section 9D inserted After section 9C of the Sentencing Act 1991 insert-- "9D Custodial sentence must be imposed 15 for aggravated trespass with intent to interfere with animal enterprise or animal recreational activity (1) This section applies to the sentencing of an offender (whether on appeal or otherwise) 20 for an offence against section 77E of the Crimes Act 1958. (2) In sentencing the offender, the court must impose a term of imprisonment and fix under section 11 a non-parole period of not less 25 than 6 months, unless-- (a) the offender is under the age of 18 years at the time of the offence; or (b) the court finds under section 10A that a special reason exists. 30 Note Section 11(3) requires that a non-parole period must be at least 6 months less than the term of the sentence.". 591PM56B.I-10/9/2019 7 BILL LC INTRODUCTION 10/9/2019

 


 

Crimes Amendment (Trespass) Bill 2019 Part 3--Amendment of the Sentencing Act 1991 7 Special reasons relevant to imposing minimum non- parole periods (1) In section 10A(2) of the Sentencing Act 1991, after "9C," insert "9D,". 5 (2) After section 10A(3)(aa) of the Sentencing Act 1991 insert-- "(aab) the Parliament's intention that a sentence of imprisonment should ordinarily be imposed and that a non-parole period of not less than 10 6 months should ordinarily be fixed for an offence covered by section 9D; and". 591PM56B.I-10/9/2019 8 BILL LC INTRODUCTION 10/9/2019

 


 

Crimes Amendment (Trespass) Bill 2019 Part 4--Amendment of the Summary Offences Act 1966 Part 4--Amendment of the Summary Offences Act 1966 8 Wilful destruction, damage etc. of property After section 9(3) of the Summary Offences 5 Act 1966 insert-- "(4) A person does not commit an offence against this section in relation to conduct that constitutes an offence against section 77D or 77E of the Crimes Act 1958.". 591PM56B.I-10/9/2019 9 BILL LC INTRODUCTION 10/9/2019

 


 

Crimes Amendment (Trespass) Bill 2019 Part 5--Repeal of this Act Part 5--Repeal of this Act 9 Repeal of this Act This Act is repealed on 1 July 2021. 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). ═════════════ 591PM56B.I-10/9/2019 10 BILL LC INTRODUCTION 10/9/2019

 


 

Crimes Amendment (Trespass) Bill 2019 Endnotes Endnotes 1 General information See www.legislation.vic.gov.au for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information. By Authority. Government Printer for the State of Victoria. 591PM56B.I-10/9/2019 11 BILL LC INTRODUCTION 10/9/2019

 


 

 


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