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PARLIAMENT OF VICTORIA
Justice Legislation Further Amendment Bill 2009
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purposes 1
2 Commencement 3
PART 2--CORRECTIONS ACT 1986 4
3 Functions of Secretary 4
4 New Part 9D inserted 4
PART 9D--ACCIDENT COMPENSATION 4
104ZO Definition 4
104ZP Application of Part 4
104ZQ When is compensation payable? 5
104ZR Compensation for personal injuries 5
104ZS Compensation for loss of or damage to property 7
104ZT Jurisdiction 7
104ZU Authority to represent Crown 7
104ZV Compensation otherwise payable 8
104ZW Payments 8
5 Section 110 repealed 8
6 New section 118 inserted 9
118 Transitional provision--Justice Legislation Further
Amendment Act 2009 9
PART 3--DRUGS, POISONS AND CONTROLLED
SUBSTANCES ACT 1981 10
7 Definitions 10
8 New Part VB inserted 12
PART VB--PRECURSOR CHEMICALS AND
APPARATUS 12
Division 1--Preliminary 12
80I Application of Part 12
561257B.I-11/8/2009 i BILL LA INTRODUCTION 11/8/2009
Clause Page
Division 2--Category 1 precursor chemicals 12
80J Supply of category 1 precursor chemicals 12
80K Storage of category 1 precursor chemicals 13
Division 3--Category 2 precursor chemicals and category 3
precursor apparatus 14
80L Supply of category 2 precursor chemicals 14
80M Supply of category 3 precursor apparatus 15
Division 4--Transaction records 16
80N End user declarations to be kept 16
80O Record of supply--category 1 precursor chemical 17
80P Record of supply--category 2 precursor chemical 17
80Q Record of supply of category 3 precursor apparatus 18
80R Police may inspect records 19
80S Offence not to produce records 20
9 Regulations 20
PART 4--FAMILY VIOLENCE PROTECTION ACT 2008 22
10 No effect on ownership rights 22
11 Effect of seizure of firearm, weapon or other article if final
order made against person 22
12 Effect of seizure of firearm, weapon or other article if no final
order etc. 22
13 Order declaring a person to be a vexatious litigant 23
14 New section 197A inserted 23
197A Notice of order to be given to Attorney-General 23
PART 5--FIREARMS ACT 1996 24
15 Persons from whom a dealer can acquire firearms 24
16 Persons to whom a dealer can dispose of firearms 24
17 Offence to acquire a firearm without a permit 24
18 Offence not to produce firearm for inspection 25
19 Offence to carry or use a firearm in certain places 25
20 Offence to possess, carry or use a firearm on private property
without consent 25
21 Non-prohibited persons who are exempt from the requirement
to hold a licence under Part 2 25
PART 6--POLICE INTEGRITY ACT 2008 26
22 Delegation by Director 26
23 Definitions 26
24 Testing of members of OPI personnel in certain circumstances 27
25 Confidentiality of witness summons 27
26 Person held in custody 27
561257B.I-11/8/2009 ii BILL LA INTRODUCTION 11/8/2009
Clause Page
27 Power to seize documents or things at public authority
premises 27
28 Privilege claims in relation to search warrants 27
29 Authority to possess, carry and use defensive equipment 28
30 New sections 102A and 102B inserted 29
102A Authority to possess, carry and use defensive
equipment for training purposes 29
102B Authority to acquire, store and maintain defensive
equipment 30
31 Authority to possess, carry and use firearms 31
32 New sections 103A to 103F inserted 32
103A Authority to acquire, dispose of, store and maintain
firearms 32
103B Authority to possess, carry and use firearms for
training purposes 33
103C Director to notify Chief Commissioner of acquisition
or disposal 33
103D Storage of firearms 33
103E Storage of cartridge ammunition 35
103F Requirement to notify Chief Commissioner of loss etc. 36
33 Amendment to Schedule 1 36
PART 7--SEX OFFENDERS REGISTRATION ACT 2004 37
Division 1--Chief Commissioner may apply for suspension of
reporting obligations 37
34 Supreme Court may exempt certain registrable offenders 37
35 New section 39A inserted 37
39A Chief Commissioner may apply for exemption from
reporting obligations 37
36 Order for suspension 37
37 New section 35A inserted 38
35A Reporting period to run during suspension 38
38 Restriction on right of unsuccessful applicant to re-apply for
order 39
39 New section 44A inserted 39
44A Chief Commissioner may apply for revocation of
exemption order 39
40 Application for new order 39
Division 2--Application of sex offender registration orders to
juvenile offenders 40
41 Sex offender registration order 40
Division 3--Additional personal details to be provided by
registrable offenders 40
42 Initial report by registrable offender of personal details 40
561257B.I-11/8/2009 iii BILL LA INTRODUCTION 11/8/2009
Clause Page
Division 4--Change to the time period for reporting that a
registrable offender has unsupervised contact with a child 41
43 Registrable offender must report changes to relevant personal
details 41
Division 5--Periods within which registrable offenders must report
to police 42
44 When the report must be made 42
Division 6--Clarification of how reporting periods are calculated 42
45 Length of reporting period 42
46 Reduced period applies for juvenile registrable offenders 43
Division 7--Police to provide information from the Register to
Secretary 43
47 Access to the Register to be restricted 43
Division 8--Technical amendments 44
48 Who is a registrable offender? 44
PART 8--STALKING INTERVENTION ORDERS ACT 2008 45
49 Effect of seizure of firearms if final order is made 45
50 Effect of seizure of firearm if no final order made 46
51 Bail on appearance to summons or arrest 46
PART 9--AMENDMENTS TO MISCELLANEOUS ACTS AND
REPEAL OF AMENDING ACT 47
Division 1--Control of Weapons Act 1990 47
52 Identifying persons purchasing prohibited weapons 47
Division 2--Legal Aid Act 1978 47
53 Functions and powers 47
54 Duties of the VLA 48
Division 3--Liquor Control Reform Amendment (Enforcement)
Act 2009 48
55 Security cameras 48
Division 4--Major Crime Legislation Amendment Act 2009 49
56 Confidentiality of witness summons 49
57 New section 11A inserted 49
11A Court proceedings 49
561257B.I-11/8/2009 iv BILL LA INTRODUCTION 11/8/2009
Clause Page
Division 5--Police Regulation Act 1958 50
58 Definitions 50
59 Testing of members in certain circumstances 50
Division 6--Road Safety Act 1986 51
60 Evidence relating to prescribed detection devices 51
61 New sections inserted after section 103T 51
103U Definition 51
103V Transitional provision 2009 Act--Section 79
evidence 51
103W Transitional provision 2009 Act --Section 80A
evidence 52
103X Transitional provision 2009 Act--Section 81
evidence 52
103Y Transitional provision 2009 Act--Section 83
certificates 52
103Z Transitional provision 2009 Act--Section 83A
certificates 54
Division 7--Witness Protection Act 1991 56
62 Notice of involuntary termination, review and appeal 56
Division 8--Working with Children Act 2005 56
63 Re-assessment 56
Division 9--Repeal of Amending Act 57
64 Repeal of amending Act 57
ENDNOTES 58
561257B.I-11/8/2009 v BILL LA INTRODUCTION 11/8/2009
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Justice Legislation Further Amendment
Bill 2009
A Bill for an Act to amend the Control of Weapons Act 1990, the
Corrections Act 1986, the Drugs, Poisons and Controlled
Substances Act 1981, the Family Violence Protection Act 2008, the
Firearms Act 1996, the Legal Aid Act 1978, the Liquor Control
Reform Amendment (Enforcement) Act 2009, the Major Crime
Legislation Amendment Act 2009, the Police Integrity Act 2008,
the Police Regulation Act 1958, the Road Safety Act 1986, the Sex
Offenders Registration Act 2004, the Stalking Intervention Orders
Act 2008, the Witness Protection Act 1991 and the Working with
Children Act 2005 and for other purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purposes
The main purposes of this Act are--
561257B.I-11/8/2009 1 BILL LA INTRODUCTION 11/8/2009
Justice Legislation Further Amendment Bill 2009
Part 1--Preliminary
s. 1
(a) to amend the Control of Weapons Act 1990
in relation to its application to the Director,
Police Integrity and to the Office of Police
Integrity;
5 (b) to amend the Corrections Act 1986 in
relation to accident compensation and other
minor matters;
(c) to amend the Drugs, Poisons and Controlled
Substances Act 1981 to provide for controls
10 in relation to the supply of certain prescribed
precursor chemicals and precursor apparatus;
(d) to amend the Family Violence Protection
Act 2008 in relation to the seizure and
surrender of firearms;
15 (e) to amend the Firearms Act 1996 in relation
to its application to the Director, Police
Integrity and to the Office of Police
Integrity;
(f) to amend the Legal Aid Act 1978 in relation
20 to the functions of Victoria Legal Aid;
(g) to amend the Liquor Control Reform
Amendment (Enforcement) Act 2009 to
correct minor matters;
(h) to amend the Major Crime Legislation
25 Amendment Act 2009 to correct minor
matters;
(i) to amend the Police Integrity Act 2008 to
improve the operation of that Act;
(j) to amend the Police Regulation Act 1958 in
30 relation to drug and alcohol testing of
members of the force;
(k) to amend the Road Safety Act 1986 in
relation to detection devices;
561257B.I-11/8/2009 2 BILL LA INTRODUCTION 11/8/2009
Justice Legislation Further Amendment Bill 2009
Part 1--Preliminary
s. 2
(l) to amend the Sex Offenders Registration
Act 2004 to improve the operation of that
Act;
(m) to amend the Stalking Intervention Orders
5 Act 2008 in relation to the seizure and
surrender of firearms;
(n) to amend the Witness Protection Act 1991
to amend a time limit;
(o) to amend the Working with Children Act
10 2005 to improve the operation of that Act.
2 Commencement
(1) Part 1 and Divisions 3 and 4 of Part 9 come into
operation on the day on which this Act receives
the Royal Assent.
15 (2) Section 61 comes into operation on the day on
which section 30 of the Road Legislation
Amendment Act 2009 comes into operation.
(3) Subject to subsection (4), the remaining
provisions of this Act come into operation on a
20 day or days to be proclaimed.
(4) If a provision referred to in subsection (3) does
not come into operation before 31 May 2010, it
comes into operation on that day.
__________________
561257B.I-11/8/2009 3 BILL LA INTRODUCTION 11/8/2009
Justice Legislation Further Amendment Bill 2009
Part 2--Corrections Act 1986
s. 3
PART 2--CORRECTIONS ACT 1986
3 Functions of Secretary
See: Section 7(2) of the Corrections Act 1986 is
Act No.
117/1986. repealed.
Reprint No. 8
as at
2 April 2009.
LawToday:
www.
legislation.
vic.gov.au
5 4 New Part 9D inserted
After Part 9C of the Corrections Act 1986
insert--
"PART 9D--ACCIDENT COMPENSATION
104ZO Definition
10 In this Part, Authority means the Victorian
WorkCover Authority established under the
Accident Compensation Act 1985.
104ZP Application of Part
This Part applies to a person who is--
15 (a) an offender who is required or directed
by or under a correctional order, a
provision of the Sentencing Act 1991,
or Part 9 of this Act to work or to take
part in a program of activities; or
20 (b) a volunteer who is working in a prison
or at a location; or
561257B.I-11/8/2009 4 BILL LA INTRODUCTION 11/8/2009
Justice Legislation Further Amendment Bill 2009
Part 2--Corrections Act 1986
s. 4
(c) a person who is required or directed by
or under a diversion program under
section 128A of the Magistrates'
Court Act 1989 to work or to take part
5 in a program of activities.
104ZQ When is compensation payable?
Compensation is payable under this Part if a
person suffers personal injury (including
death) or loss of or damage to property
10 belonging to the person or in the person's
possession or control while the person is
engaged--
(a) in working or taking part in a program
of activities referred to in section
15 104ZP(a) or (c); or
(b) if the person is a volunteer, in working
in a prison or at a location.
104ZR Compensation for personal injuries
(1) Compensation for personal injury (including
20 death) is to be paid in accordance with and
subject to the Accident Compensation Act
1985 to those persons to whom, or for whose
benefit, compensation would be payable
under that Act if--
25 (a) the injured person were a worker
employed by the Crown; and
(b) the personal injury had arisen out of or
in the course of the employment--
within the meaning of that Act.
561257B.I-11/8/2009 5 BILL LA INTRODUCTION 11/8/2009
Justice Legislation Further Amendment Bill 2009
Part 2--Corrections Act 1986
s. 4
(2) For the purpose of assessing the amount of
compensation, the average weekly earnings
of the injured person is to be computed on
the following basis but so that any relevant
5 maximum limits imposed by the Accident
Compensation Act 1985 are not exceeded--
(a) by reference to the injured person's
employment by any employer or
employers during the relevant period
10 before the accident; or
(b) if the injured person was not then
working under a contract of service, on
any basis that is best calculated to give
the appropriate compensation for the
15 injured person's loss of earning
capacity.
(3) For the purposes of enabling the return to
work of the injured person, the Authority
may--
20 (a) prepare a return to work plan under the
Accident Compensation Act 1985;
(b) approve a provider of occupational
rehabilitation services for the purposes
of a return to work plan prepared under
25 paragraph (a);
(c) provide alternative assistance or
programs to the injured person or in
respect of the employment of the
injured person.
30 (4) Any costs and expenses incurred as a result
of subsection (3) are to be paid by the
Authority under section 104ZW(2) as if the
costs and expenses were a payment of
compensation and section 104ZW(3) applies
35 accordingly.
561257B.I-11/8/2009 6 BILL LA INTRODUCTION 11/8/2009
Justice Legislation Further Amendment Bill 2009
Part 2--Corrections Act 1986
s. 4
(5) In this section, injured person means--
(a) an offender or person who suffers
personal injury (including death) while
engaged in working or taking part in a
5 program of activities referred to in
section 104ZP(a) or (c); or
(b) a volunteer who suffers personal injury
(including death) while engaged in
working in a prison or at a location.
10 104ZS Compensation for loss of or damage to
property
Compensation payable for loss of or damage
to property is to be such that the Minister
considers reasonable in the circumstances
15 and is to be paid to the owner of the property
or any person who has an interest in it.
104ZT Jurisdiction
If any question or matter arises under this
Part, the County Court and the Magistrates'
20 Court have, under this Act, the same
jurisdiction to hear and determine the
question or matter as if it were a question or
matter arising under the Accident
Compensation Act 1985 and that Act
25 applies with the necessary adaptations and
modifications.
104ZU Authority to represent Crown
In all proceedings under this Part, the
Authority represents the Crown and has the
30 same powers, rights and authorities as the
Authority has under the Accident
Compensation Act 1985 in regard to the
corresponding matter relating to a worker
under that Act.
561257B.I-11/8/2009 7 BILL LA INTRODUCTION 11/8/2009
Justice Legislation Further Amendment Bill 2009
Part 2--Corrections Act 1986
s. 5
104ZV Compensation otherwise payable
If a person is entitled to compensation in
respect of personal injury otherwise than in
accordance with this Part, there is payable to
5 that person the amount, if any, by which the
amount of compensation in respect of the
injury determined under this Part exceeds the
amount to which the person is entitled.
104ZW Payments
10 (1) The Authority is entitled to the
reimbursement of its reasonable costs and
expenses incurred in representing the Crown
under section 104ZU.
(2) The Authority must make any payment of
15 compensation under this Part out of the
WorkCover Authority Fund under the
Accident Compensation Act 1985.
(3) There is to be paid into the WorkCover
Authority Fund out of the Consolidated
20 Fund, which is to the necessary extent
appropriated accordingly--
(a) the amounts to be reimbursed under
subsection (1); and
(b) the amount of any payments under
25 subsection (2).
__________________".
5 Section 110 repealed
Section 110 of the Corrections Act 1986 is
repealed.
561257B.I-11/8/2009 8 BILL LA INTRODUCTION 11/8/2009
Justice Legislation Further Amendment Bill 2009
Part 2--Corrections Act 1986
s. 6
6 New section 118 inserted
After section 117 of the Corrections Act 1986
insert--
"118 Transitional provision--Justice
5 Legislation Further Amendment Act 2009
Part 9D does not apply to a claim by a
person referred to in section 110 (as in force
immediately before its repeal) under the
Accident Compensation Act 1985 that was
10 made but not finalised before the
commencement of section 4 of the Justice
Legislation Further Amendment Act 2009.
Section 110 (as in force before its repeal)
continues to apply to that claim.".
__________________
561257B.I-11/8/2009 9 BILL LA INTRODUCTION 11/8/2009
Justice Legislation Further Amendment Bill 2009
Part 3--Drugs, Poisons and Controlled Substances Act 1981
s. 7
PART 3--DRUGS, POISONS AND CONTROLLED
SUBSTANCES ACT 1981
7 Definitions
See: In section 4(1) of the Drugs, Poisons and
Act No.
5 9719. Controlled Substances Act 1981 insert the
Reprint No. 8 following definitions--
as at
1 August 2007
and
"category 1 precursor chemical means a
amending substance prescribed as a category 1
Act Nos
16/2004,
precursor chemical and--
17/2008,
10 34/2008, (a) includes--
46/2008 and
25/2009. (i) any form of that substance,
LawToday:
www.
whether natural or synthetic; and
legislation.
vic.gov.au
(ii) if specified in the regulations for
that category 1 precursor
15 chemical, the salts, derivatives and
isomers of that substance and any
salt of those derivatives and
isomers;
(b) despite the definition of substance in
20 this section, does not include that
substance when contained in or mixed
with another substance;
category 2 precursor chemical means a substance
prescribed as a category 2 precursor
25 chemical and--
(a) includes--
(i) any form of that substance,
whether natural or synthetic; and
(ii) if specified in the regulations for
30 that category 2 precursor
chemical, the salts, derivatives and
isomers of that substance and any
561257B.I-11/8/2009 10 BILL LA INTRODUCTION 11/8/2009
Justice Legislation Further Amendment Bill 2009
Part 3--Drugs, Poisons and Controlled Substances Act 1981
s. 7
salt of those derivatives and
isomers;
(b) despite the definition of substance in
this section, does not include that
5 substance when contained in or mixed
with another substance;
category 3 precursor apparatus means an item or
class of item prescribed as a category 3
precursor apparatus;
10 date of supply, in Part VB, means the date a
category 1 precursor chemical, a category 2
precursor chemical or a category 3 precursor
apparatus, as the case requires, leaves the
premises of the person who supplied it;
15 end user declaration means a declaration required
for the purposes of section 80J, 80L or 80M,
as the case requires;
sufficient proof of identity of receiver, for the
purposes of Part VB, means proof of identity
20 provided by one of the following--
(a) a driver licence issued under the Road
Safety Act 1986, or a licence issued in
another State or a Territory that is the
equivalent of a driver licence, that
25 displays a photograph of the person; or
(b) an Australian passport or a foreign
passport; or
(c) a proof of age card issued under the
Liquor Control Reform Act 1998 or a
30 card issued in another State or a
Territory that is the equivalent of a
proof of age card;".
561257B.I-11/8/2009 11 BILL LA INTRODUCTION 11/8/2009
Justice Legislation Further Amendment Bill 2009
Part 3--Drugs, Poisons and Controlled Substances Act 1981
s. 8
8 New Part VB inserted
After Part VA of the Drugs, Poisons and
Controlled Substances Act 1981 insert--
"PART VB--PRECURSOR CHEMICALS AND
5 APPARATUS
Division 1--Preliminary
80I Application of Part
This Part does not apply to--
(a) the supply by retail of a retail product
10 containing a precursor chemical;
(b) therapeutic goods within the meaning
of the Therapeutic Goods (Victoria)
Act 1994 which are prescribed to be
exempt (in whole or in part) from this
15 Part;
(c) the supply of a precursor chemical, or
class of precursor chemical, which is
prescribed to be exempt (in whole or in
part) from this Part.
20 Division 2--Category 1 precursor chemicals
80J Supply of category 1 precursor chemicals
(1) Subject to subsection (2), a person (the
supplier) must not supply a category 1
precursor chemical to another person (the
25 receiver) unless the receiver--
(a) provides sufficient proof of identity of
receiver to the supplier; and
Note
See definition of sufficient proof of identity of
30 receiver in section 4(1).
561257B.I-11/8/2009 12 BILL LA INTRODUCTION 11/8/2009
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Part 3--Drugs, Poisons and Controlled Substances Act 1981
s. 8
(b) has an account with the supplier
through which the receiver pays for the
supply of category 1 precursor
chemicals; and
5 (c) gives the supplier an end user
declaration containing the prescribed
particulars.
Penalty: In the case of a natural person,
30 penalty units;
10 In the case of a body corporate,
150 penalty units.
(2) A person must not supply a category 1
precursor chemical under subsection (1)
unless at least 24 hours have passed since the
15 receiver complied with the requirements set
out in subsection (1).
Penalty: In the case of a natural person,
30 penalty units;
In the case of a body corporate,
20 150 penalty units.
80K Storage of category 1 precursor chemicals
(1) A person who supplies category 1 precursor
chemicals must ensure that any category 1
precursor chemicals in that person's control,
25 custody or possession are stored in a manner
that prevents any access to it by a person
other than--
(a) the person who supplies the category 1
precursor chemicals; and
561257B.I-11/8/2009 13 BILL LA INTRODUCTION 11/8/2009
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Part 3--Drugs, Poisons and Controlled Substances Act 1981
s. 8
(b) any person authorised in writing to
have access to the category 1 precursor
chemicals by the person referred to in
paragraph (a).
5 Penalty: In the case of a natural person,
20 penalty units;
In the case of a body corporate,
100 penalty units.
(2) A person who supplies any category 1
10 precursor chemical must keep each
authorisation referred to in subsection (1)(b)
for at least 2 years after the expiry of the
authorisation.
Penalty: In the case of a natural person,
15 20 penalty units;
In the case of a body corporate,
100 penalty units.
Division 3--Category 2 precursor chemicals
and category 3 precursor apparatus
20 80L Supply of category 2 precursor chemicals
A person (the supplier) must not supply a
category 2 precursor chemical to another
person (the receiver) unless the receiver--
(a) provides sufficient proof of identity of
25 receiver to the supplier; and
Note
See definition of sufficient proof of identity of
receiver in section 4(1).
(b) either--
30 (i) has an account with the supplier
through which the receiver pays
for the supply of category 2
precursor chemicals; or
561257B.I-11/8/2009 14 BILL LA INTRODUCTION 11/8/2009
Justice Legislation Further Amendment Bill 2009
Part 3--Drugs, Poisons and Controlled Substances Act 1981
s. 8
(ii) if cash is used, gives the supplier
an end user declaration containing
the prescribed particulars.
Penalty: In the case of a natural person,
5 30 penalty units;
In the case of a body corporate,
150 penalty units.
80M Supply of category 3 precursor apparatus
A person (the supplier) must not supply a
10 category 3 precursor apparatus to another
person (the receiver) unless the receiver--
(a) provides sufficient proof of identity of
receiver to the supplier; and
Note
15 See definition of sufficient proof of identity of
receiver in section 4(1).
(b) either--
(i) has an account with the supplier
through which the receiver pays
20 for the supply of category 3
precursor apparatus; or
(ii) if cash is used, gives the supplier
an end user declaration containing
the prescribed particulars.
25 Penalty: In the case of a natural person,
30 penalty units;
In the case of a body corporate,
150 penalty units.
561257B.I-11/8/2009 15 BILL LA INTRODUCTION 11/8/2009
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Part 3--Drugs, Poisons and Controlled Substances Act 1981
s. 8
Division 4--Transaction records
80N End user declarations to be kept
(1) A person who supplies any category 1
precursor chemical must keep each end user
5 declaration given to the person under
section 80J for at least 5 years after the
relevant date of supply to which the end user
declaration relates.
Penalty: In the case of a natural person,
10 20 penalty units;
In the case of a body corporate,
100 penalty units.
(2) A person who supplies any category 2
precursor chemical must keep each end user
15 declaration given to the person under section
80L(b)(ii) for at least 2 years after the
relevant date of supply to which the end user
declaration relates.
Penalty: In the case of a natural person,
20 20 penalty units;
In the case of a body corporate,
100 penalty units.
(3) A person who supplies any category 3
precursor apparatus must keep each end user
25 declaration given to the person under section
80M(b)(ii) for at least 2 years after the
relevant date of supply to which the end user
declaration relates.
Penalty: In the case of a natural person,
30 20 penalty units;
In the case of a body corporate,
100 penalty units.
561257B.I-11/8/2009 16 BILL LA INTRODUCTION 11/8/2009
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Part 3--Drugs, Poisons and Controlled Substances Act 1981
s. 8
80O Record of supply--category 1 precursor
chemical
(1) A person who supplies any category 1
precursor chemical must make an accurate
5 record of the supply setting out the following
details--
(a) the date of supply; and
(b) the name and quantity of the category 1
precursor chemical supplied; and
10 (c) any other prescribed details (if any).
Penalty: In the case of a natural person,
20 penalty units;
In the case of a body corporate,
100 penalty units.
15 (2) A person who supplies any category 1
precursor chemical must keep each record
made under subsection (1) for a period of at
least 5 years from date of supply of the
relevant category 1 precursor chemical to
20 which the record relates.
Penalty: In the case of a natural person,
20 penalty units;
In the case of a body corporate,
100 penalty units.
25 80P Record of supply--category 2 precursor
chemical
(1) A person who supplies any category 2
precursor chemical must make an accurate
record of the supply setting out the following
30 details--
(a) unless the receiver gives an end user
declaration, the name and address of
the person to whom the category 2
precursor chemical was supplied; and
561257B.I-11/8/2009 17 BILL LA INTRODUCTION 11/8/2009
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Part 3--Drugs, Poisons and Controlled Substances Act 1981
s. 8
(b) the date of supply; and
(c) the name and quantity of the category 2
precursor chemical supplied; and
(d) any other prescribed details (if any).
5 Penalty: In the case of a natural person,
20 penalty units;
In the case of a body corporate,
100 penalty units.
(2) A person who supplies any category 2
10 precursor chemical must keep each record
made under subsection (1) for at least 2 years
after the date of supply of the relevant
category 2 precursor chemical to which the
record relates.
15 Penalty: In the case of a natural person,
20 penalty units;
In the case of a body corporate,
100 penalty units.
80Q Record of supply of category 3 precursor
20 apparatus
(1) A person who supplies any category 3
precursor apparatus must make an accurate
record of the supply setting out the following
details--
25 (a) unless the receiver gives an end user
declaration, the name and address of
the person to whom the category 3
precursor apparatus was supplied; and
(b) the date of supply; and
30 (c) the name and quantity of the category 3
precursor apparatus supplied; and
561257B.I-11/8/2009 18 BILL LA INTRODUCTION 11/8/2009
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Part 3--Drugs, Poisons and Controlled Substances Act 1981
s. 8
(d) any other prescribed details (if any).
Penalty: In the case of a natural person,
20 penalty units;
In the case of a body corporate,
5 100 penalty units.
(2) A person who supplies any category 3
precursor apparatus must keep each record
made under subsection (1) for at least 2 years
after the date of supply of the relevant
10 category 3 precursor apparatus to which the
record relates.
Penalty: In the case of a natural person,
20 penalty units;
In the case of a body corporate,
15 100 penalty units.
80R Police may inspect records
(1) Subject to subsection (4), a member of the
police force, without warrant, at any time
when the premises are open for business--
20 (a) may enter premises where category 1
precursor chemicals, category 2
precursor chemicals or category 3
precursor apparatus are supplied; and
(b) may inspect any records required to be
25 kept under this Part which are at those
premises.
(2) A member of the police force exercising a
power under subsection (1) may require a
person who supplies category 1 precursor
30 chemicals, category 2 precursor chemicals or
category 3 precursor apparatus to produce
for inspection any records required to be kept
under this Part.
561257B.I-11/8/2009 19 BILL LA INTRODUCTION 11/8/2009
Justice Legislation Further Amendment Bill 2009
Part 3--Drugs, Poisons and Controlled Substances Act 1981
s. 9
(3) Without limiting subsection (2), if a
document required to be produced under
subsection (2) is or is part of a record kept in
an electronically readable form, a member of
5 the police force may require the document to
be provided in a readily accessible form--
(a) electronically; or
(b) in a paper form produced from a
computer.
10 (4) A member of the police force must show his
or her identification before exercising a
power under this section, unless that member
is in police uniform.
(5) This section does not limit or prevent the
15 exercise of any other inspection power or
enforcement power under this Act or the
regulations or any other law.
80S Offence not to produce records
A person must comply with a requirement
20 under section 80R to produce a record
required to be kept under this Part.
Penalty: In the case of a natural person,
20 penalty units;
In the case of a body corporate,
25 100 penalty units.
__________________".
9 Regulations
(1) After section 132(zcb) of the Drugs, Poisons and
Controlled Substances Act 1981 insert--
30 "(zcc) without limiting this section, for the
purposes of Part VB, prescribing--
(i) category 1 precursor chemicals;
561257B.I-11/8/2009 20 BILL LA INTRODUCTION 11/8/2009
Justice Legislation Further Amendment Bill 2009
Part 3--Drugs, Poisons and Controlled Substances Act 1981
s. 9
(ii) category 2 precursor chemicals;
(iii) category 3 precursor apparatus;
(iv) any other matter or thing required to be
prescribed for the purposes of that
5 Part;".
(2) In section 132B of the Drugs, Poisons and
Controlled Substances Act 1981--
(a) in paragraph (f) for "any person." substitute
"any person; and";
10 (b) after paragraph (f) insert--
"(g) may exempt specified persons or things
or classes of person or classes of thing
from complying with all or any of the
regulations, whether unconditionally or
15 on specified conditions and either
wholly or to such an extent as is
specified.".
__________________
561257B.I-11/8/2009 21 BILL LA INTRODUCTION 11/8/2009
Justice Legislation Further Amendment Bill 2009
Part 4--Family Violence Protection Act 2008
s. 10
PART 4--FAMILY VIOLENCE PROTECTION ACT 2008
10 No effect on ownership rights
See: In section 88 of the Family Violence Protection
Act No.
52/2008. Act 2008, after "inclusion" insert "under
5 LawToday: section 86".
www.
legislation.
vic.gov.au
11 Effect of seizure of firearm, weapon or other article
if final order made against person
(1) In the heading to section 164 of the Family
Violence Protection Act 2008, before "seizure"
10 insert "surrender or".
(2) In sections 164(1) and (2) of the Family
Violence Protection Act 2008, before "seized"
(wherever occurring) insert "surrendered under
section 158 or".
15 (3) In section 164(3)(b) of the Family Violence
Protection Act 2008, before "is subject to" insert
"the article".
12 Effect of seizure of firearm, weapon or other article
if no final order etc.
20 (1) In the heading to section 165 of the Family
Violence Protection Act 2008, before "seizure"
insert "surrender or".
(2) In section 165(1)(a) of the Family Violence
Protection Act 2008, before "seized" insert
25 "surrendered under section 158 or".
(3) For section 165(1)(b) of the Family Violence
Protection Act 2008 substitute--
"(b) either--
(i) a final order is not made against the
30 person; or
561257B.I-11/8/2009 22 BILL LA INTRODUCTION 11/8/2009
Justice Legislation Further Amendment Bill 2009
Part 4--Family Violence Protection Act 2008
s. 13
(ii) an application for a family violence
intervention order or a family violence
safety notice against the person is not
made within a reasonable time; and
5 (c) the firearm, weapon or other article is not
otherwise required as evidence in further
proceedings under this Act or another Act;
and
(d) the firearm, weapon or other article is not
10 subject to forfeiture after a proceeding for an
offence under this Act or another Act.".
(4) In section 165(2) of the Family Violence
Protection Act 2008, before "seized" insert
"surrendered or".
15 13 Order declaring a person to be a vexatious litigant
In section 193(3) of the Family Violence
Protection Act 2008--
(a) in paragraph (b), for "order; and" substitute
"order.";
20 (b) omit paragraph (c).
14 New section 197A inserted
After section 197 of the Family Violence
Protection Act 2008 insert--
"197A Notice of order to be given to Attorney-
25 General
(1) If the court makes an order under section 193
or 197, the appropriate registrar must give a
copy of the order to the Attorney-General.
(2) The order must include or be accompanied
30 by a statement of the court's reasons for the
decision.".
__________________
561257B.I-11/8/2009 23 BILL LA INTRODUCTION 11/8/2009
Justice Legislation Further Amendment Bill 2009
Part 5--Firearms Act 1996
s. 15
PART 5--FIREARMS ACT 1996
15 Persons from whom a dealer can acquire firearms
See: After section 93(4)(c) of the Firearms Act 1996
Act No.
66/1996. insert--
Reprint No. 5
5 as at "(ca) a member of staff of the Office of Police
1 September
2008
Integrity who is--
and
amending (i) exempted by this Act from the
Act Nos requirement to have a licence in order
12/2008,
34/2008, to possess, carry or use firearms; and
52/2008,
10 68/2008 and (ii) authorised under section 103A of the
25/2009. Police Integrity Act 2008 to acquire or
LawToday:
www. dispose of firearms;".
legislation.
vic.gov.au
16 Persons to whom a dealer can dispose of firearms
After section 94(4)(c) of the Firearms Act 1996
15 insert--
"(ca) a member of staff of the Office of Police
Integrity who is--
(i) exempted by this Act from the
requirement to have a licence in order
20 to possess, carry or use firearms; and
(ii) authorised under section 103A of the
Police Integrity Act 2008 to acquire or
dispose of firearms;".
17 Offence to acquire a firearm without a permit
25 After section 102(4) of the Firearms Act 1996
insert--
"(4A) Subsections (1), (2) and (2A) do not apply to
a member of staff of the Office of Police
Integrity who is authorised under section
30 103A of the Police Integrity Act 2008 to
acquire or dispose of firearms.".
561257B.I-11/8/2009 24 BILL LA INTRODUCTION 11/8/2009
Justice Legislation Further Amendment Bill 2009
Part 5--Firearms Act 1996
s. 18
18 Offence not to produce firearm for inspection
At the end of section 120 of the Firearms Act
1996 insert--
"(2) This section does not apply in respect of a
5 firearm registered in the name of the
Director, Police Integrity.".
19 Offence to carry or use a firearm in certain places
After section 130(2)(a) of the Firearms Act 1996
insert--
10 "(ab) any member of staff of the Office of Police
Integrity when acting in the course of his or
her official duties and when so authorised by
the Director, Police Integrity under
Division 9 of Part 4 of the Police Integrity
15 Act 2008; or".
20 Offence to possess, carry or use a firearm on private
property without consent
After section 131(3)(a) of the Firearms Act 1996
insert--
20 "(ab) any member of staff of the Office of Police
Integrity when acting in the course of his or
her official duties and when so authorised by
the Director, Police Integrity under
Division 9 of Part 4 of the Police Integrity
25 Act 2008; or".
21 Non-prohibited persons who are exempt from the
requirement to hold a licence under Part 2
After item 14 in Schedule 3 to the Firearms Act
1996 insert--
15 Director, When possessing or carrying firearms
Police in the course of his or her official
Integrity. duties under Division 9 of Part 4 of the
Police Integrity Act 2008.
__________________
561257B.I-11/8/2009 25 BILL LA INTRODUCTION 11/8/2009
Justice Legislation Further Amendment Bill 2009
Part 6--Police Integrity Act 2008
s. 22
PART 6--POLICE INTEGRITY ACT 2008
22 Delegation by Director
See: (1) After section 21(2) of the Police Integrity Act
Act No.
34/2008 2008 insert--
and
5 amending "(2A) The Director, by instrument, may delegate to
Act Nos
60/2008 and
a senior investigator--
25/2009.
LawToday: (a) a power under section 24 (disclosure of
www. information to law enforcement
legislation.
vic.gov.au agencies and corresponding
10 authorities);
(b) a power under section 47 (power to
require police to give information and
documents and answer questions)--
if the Director is of the opinion that the
15 person has the ability to exercise
satisfactorily the powers that are the subject
of the delegation.
(2B) A delegation under subsection (2) to a
former Judge of the Supreme Court or the
20 County Court does not affect any pension or
other rights or privileges that person has as a
former Judge.".
(2) In section 21(3) of the Police Integrity Act 2008
insert the following definition--
25 "senior investigator means a relevant person who
is authorised in writing by the Director as a
senior investigator;".
23 Definitions
In section 30 of the Police Integrity Act 2008
30 insert the following definition--
"approved health professional has the same
meaning as it has in the Road Safety Act
1986;".
561257B.I-11/8/2009 26 BILL LA INTRODUCTION 11/8/2009
Justice Legislation Further Amendment Bill 2009
Part 6--Police Integrity Act 2008
s. 24
24 Testing of members of OPI personnel in certain
circumstances
(1) In section 31(2)(c) of the Police Integrity Act
2008, after "practitioner" insert "or an approved
5 health professional".
(2) In section 31(4) of the Police Integrity Act
2008--
(a) after "registered medical practitioner" insert
"or an approved health professional"; and
10 (b) after "the practitioner" (wherever occurring)
insert "or health professional".
25 Confidentiality of witness summons
In section 58(1)(b) of the Police Integrity Act
2008, for "document" substitute "summons".
15 26 Person held in custody
(1) In section 86(1) of the Police Integrity Act 2008,
for "investigation" substitute "examination".
(2) In section 86(2) of the Police Integrity Act 2008,
for "section" substitute "Division".
20 27 Power to seize documents or things at public
authority premises
Section 89(2) of the Police Integrity Act 2008 is
repealed.
28 Privilege claims in relation to search warrants
25 For section 99(6) of the Police Integrity Act 2008
substitute--
"(6) In this section--
privilege means--
(a) legal professional privilege (other
30 than legal professional privilege of
a public authority or a public
officer); or
561257B.I-11/8/2009 27 BILL LA INTRODUCTION 11/8/2009
Justice Legislation Further Amendment Bill 2009
Part 6--Police Integrity Act 2008
s. 29
(b) public interest immunity; or
(c) parliamentary privilege.".
29 Authority to possess, carry and use defensive
equipment
5 (1) In the heading to section 102 of the Police
Integrity Act 2008, after "equipment" insert
"for investigative purposes".
(2) In section 102(1) of the Police Integrity Act
2008, for "an investigation" substitute
10 "investigations".
(3) In section 102(2)(a) of the Police Integrity Act
2008, for "the investigation" substitute
"investigations".
(4) After section 102(2) of the Police Integrity Act
15 2008 insert--
"(2A) The Director may authorise a member under
subsection (1) only if the Director is satisfied
that the member has completed an
appropriate course of training in the use of
20 defensive equipment.".
(5) After section 102(3) of the Police Integrity Act
2008 insert--
"(3A) A member of staff of the Office of Police
Integrity who is authorised under this section
25 may also possess, carry and use the
defensive equipment whilst engaged in
training or educational exercises relating to
the use of that equipment provided the
member is under the control and supervision
30 of appropriately qualified training
personnel.".
561257B.I-11/8/2009 28 BILL LA INTRODUCTION 11/8/2009
Justice Legislation Further Amendment Bill 2009
Part 6--Police Integrity Act 2008
s. 30
(6) For section 102(5) of the Police Integrity Act
2008 substitute--
"(5) A member of staff of the Office of Police
Integrity who is authorised under this section
5 must--
(a) comply with any conditions to which
the authorisation is subject; and
(b) ensure that any defensive equipment to
which the authorisation relates is
10 returned to a person who is authorised
under section 102B.".
30 New sections 102A and 102B inserted
After section 102 of the Police Integrity Act
2008 insert--
15 "102A Authority to possess, carry and use
defensive equipment for training purposes
(1) The Director, by instrument, may authorise a
member of staff of the Office of Police
Integrity to possess, carry and use defensive
20 equipment for the purposes of--
(a) providing or receiving training or
educational exercises relating to the use
of that equipment; and
(b) testing and maintaining that equipment.
25 (2) An authorisation under this section must
specify the type of defensive equipment to
which it applies.
(3) The Director may make an authorisation
under this section subject to any conditions
30 the Director considers appropriate.
561257B.I-11/8/2009 29 BILL LA INTRODUCTION 11/8/2009
Justice Legislation Further Amendment Bill 2009
Part 6--Police Integrity Act 2008
s. 30
(4) A member of staff of the Office of Police
Integrity who is authorised under this section
must comply with any conditions to which
the authorisation is subject.
5 102B Authority to acquire, store and maintain
defensive equipment
(1) The Director, by instrument, may authorise a
member of staff of the Office of Police
Integrity to possess and carry defensive
10 equipment for the purposes of--
(a) purchasing or acquiring that equipment;
and
(b) maintaining that equipment; and
(c) issuing that equipment; and
15 (d) accepting the return of that equipment
from a person authorised under this
Division to possess that equipment; and
(e) storing that equipment.
(2) An authorisation under this section must
20 specify the type of defensive equipment to
which it applies.
(3) The Director may make an authorisation
under this section subject to any conditions
the Director considers appropriate.
25 (4) A member of staff of the Office of Police
Integrity who is authorised under this section
must--
(a) comply with any conditions to which
the authorisation is subject; and
561257B.I-11/8/2009 30 BILL LA INTRODUCTION 11/8/2009
Justice Legislation Further Amendment Bill 2009
Part 6--Police Integrity Act 2008
s. 31
(b) ensure that any defensive equipment to
which the authorisation relates is safely
and securely stored when it is returned
from the possession of a person
5 authorised under this Division.".
31 Authority to possess, carry and use firearms
(1) In the heading to section 103 of the Police
Integrity Act 2008, after "firearms" insert "for
investigative purposes".
10 (2) In section 103(1) of the Police Integrity Act
2008, for "an investigation" substitute
"investigations".
(3) In section 103(2)(a) of the Police Integrity Act
2008, for "the investigation" substitute
15 "investigations".
(4) After section 103(2) of the Police Integrity Act
2008 insert--
"(2A) The Director may authorise a member under
subsection (1) only if the Director is satisfied
20 that the member has completed an
appropriate course of training in the use of
such a firearm.".
(5) After section 103(3) of the Police Integrity Act
2008 insert--
25 "(3A) A member of staff of the Office of Police
Integrity who is authorised under this section
may also possess, carry and use a firearm
whilst engaged in training or educational
exercises relating to the use of firearms
30 provided the member is under the control
and supervision of appropriately qualified
training personnel.".
561257B.I-11/8/2009 31 BILL LA INTRODUCTION 11/8/2009
Justice Legislation Further Amendment Bill 2009
Part 6--Police Integrity Act 2008
s. 32
32 New sections 103A to 103F inserted
After section 103 of the Police Integrity Act
2008 insert--
"103A Authority to acquire, dispose of, store and
5 maintain firearms
(1) The Director may authorise a member of
staff of the Office of Police Integrity to--
(a) acquire or dispose of a firearm on
behalf of the Director; and
10 (b) possess and carry firearms for the
purposes of--
(i) acquiring or disposing of firearms;
and
(ii) maintaining firearms; and
15 (iii) storing firearms.
(2) The authorisation must--
(a) be in writing on a letterhead of the
Office of Police Integrity; and
(b) be signed by the Director; and
20 (c) state the type of firearm to which it
applies.
(3) The Director may make an authorisation
under this section subject to any conditions
the Director considers appropriate.
25 (4) A member of staff of the Office of Police
Integrity who is authorised under this section
must comply with any conditions to which
the authorisation is subject.
(5) A firearm acquired under this section is
30 taken to be acquired by the Director and is to
be registered under the Firearms Act 1996
in the name of the Director.
561257B.I-11/8/2009 32 BILL LA INTRODUCTION 11/8/2009
Justice Legislation Further Amendment Bill 2009
Part 6--Police Integrity Act 2008
s. 32
103B Authority to possess, carry and use
firearms for training purposes
(1) The Director, by instrument, may authorise a
member of staff of the Office of Police
5 Integrity to possess, carry and use firearms
for the purposes of--
(a) providing or receiving training or
educational exercises relating to the use
of firearms; and
10 (b) testing and maintaining the firearms.
(2) An authorisation under this section must
specify the type of firearm to which it
applies.
(3) The Director may make an authorisation
15 under this section subject to any conditions
the Director considers appropriate.
(4) A member of staff of the Office of Police
Integrity who is authorised under this section
must comply with any conditions to which
20 the authorisation is subject.
103C Director to notify Chief Commissioner of
acquisition or disposal
Within 7 days of acquiring, or disposing of, a
firearm, the Director must notify the Chief
25 Commissioner of Police, in writing, of the
make, type, calibre, action and serial number
of the firearm.
103D Storage of firearms
(1) The Director must ensure that a firearm
30 acquired under an authorisation under
section 103A is stored--
561257B.I-11/8/2009 33 BILL LA INTRODUCTION 11/8/2009
Justice Legislation Further Amendment Bill 2009
Part 6--Police Integrity Act 2008
s. 32
(a) in the case of a category A or B
longarm, in accordance with clause 1(1)
and (2) of Schedule 4 to the Firearms
Act 1996;
5 (b) in the case of a category C or D
longarm or a general category handgun,
in accordance with clause 2(1), (2)
and (2A) of Schedule 4 to the Firearms
Act 1996, as if the reference to the
10 holder of the licence were a reference
to a member of staff of the Office of
Police Integrity authorised under
section 103A.
(2) A member of staff of the Office of Police
15 Integrity, who is authorised under
section 103, 103A or 103B to possess, carry
or use a firearm, must ensure that, if the
firearm is not stored at premises occupied by
the Office of Police Integrity, it is stored--
20 (a) in the case of a category A or B
longarm, in accordance with clause 1(1)
and (2) of Schedule 4 to the Firearms
Act 1996;
(b) in the case of a category C or D
25 longarm or a general category handgun,
in accordance with clause 2(1), (2)
and (2A) of Schedule 4 to the Firearms
Act 1996, as if the reference to the
holder of the licence were a reference
30 to the member of staff.
(3) In this section, category A longarm,
category B longarm, category C longarm,
category D longarm and general category
handgun have the meanings given in the
35 Firearms Act 1996.
561257B.I-11/8/2009 34 BILL LA INTRODUCTION 11/8/2009
Justice Legislation Further Amendment Bill 2009
Part 6--Police Integrity Act 2008
s. 32
103E Storage of cartridge ammunition
(1) The Director must ensure that any cartridge
ammunition acquired under section 103A is
stored--
5 (a) in the case of cartridge ammunition for
a category A or B longarm, in
accordance with clause 1(3) of
Schedule 4 to the Firearms Act 1996;
(b) in the case of cartridge ammunition for
10 a category C or D longarm or a general
category handgun, in accordance with
clause 2(3) of Schedule 4 to the
Firearms Act 1996.
(2) A member of staff of the Office of Police
15 Integrity, who is authorised under
section 103, 103A or 103B to possess, carry
or use a firearm, must ensure that, if any
cartridge ammunition is not stored at
premises occupied by the Office of Police
20 Integrity, it is stored--
(a) in the case of cartridge ammunition for
a category A or B longarm, in
accordance with clause 1(3) of
Schedule 4 to the Firearms Act 1996;
25 (b) in the case of cartridge ammunition for
a category C or D longarm or a general
category handgun, in accordance with
clause 2(3) of Schedule 4 to the
Firearms Act 1996.
30 (3) In this section, category A longarm,
category B longarm, category C longarm,
category D longarm, general category
handgun and cartridge ammunition have
the meanings given in the Firearms Act
35 1996.
561257B.I-11/8/2009 35 BILL LA INTRODUCTION 11/8/2009
Justice Legislation Further Amendment Bill 2009
Part 6--Police Integrity Act 2008
s. 33
103F Requirement to notify Chief
Commissioner of loss etc.
The Director must notify the Chief
Commissioner of Police of the loss, theft or
5 destruction of any firearm acquired by the
Director within 24 hours after becoming
aware of that loss, theft or destruction.".
33 Amendment to Schedule 1
In Schedule 1 to the Police Integrity Act 2008, in
10 clause 8(1), for "86N" substitute "86NA".
__________________
561257B.I-11/8/2009 36 BILL LA INTRODUCTION 11/8/2009
Justice Legislation Further Amendment Bill 2009
Part 7--Sex Offenders Registration Act 2004
s. 34
PART 7--SEX OFFENDERS REGISTRATION ACT 2004
Division 1--Chief Commissioner may apply for suspension
of reporting obligations
34 Supreme Court may exempt certain registrable
5 offenders
In section 39 of the Sex Offenders Registration See:
Act No.
Act 2004, for "This Division" substitute 56/2004.
"This section". Reprint No. 3
as at
21 August
2008
and
amending
Act No.
34/2008.
LawToday:
www.
legislation.
vic.gov.au
35 New section 39A inserted
10 After section 39 of the Sex Offenders
Registration Act 2004 insert--
"39A Chief Commissioner may apply for
exemption from reporting obligations
The Chief Commissioner may at any time
15 apply to the Supreme Court for an order
suspending the reporting obligations under
this Part of a registrable offender.".
36 Order for suspension
(1) After section 40(1) of the Sex Offenders
20 Registration Act 2004 insert--
"(1A) On the application under section 39A, the
Supreme Court may make an order
suspending the registrable offender's
reporting obligations for the period of time
561257B.I-11/8/2009 37 BILL LA INTRODUCTION 11/8/2009
Justice Legislation Further Amendment Bill 2009
Part 7--Sex Offenders Registration Act 2004
s. 37
specified in the order (which may be the
remainder of the offender's life).".
(2) In section 40(2) of the Sex Offenders
Registration Act 2004, for "the order" substitute
5 "an order under this section".
(3) In section 40(3) of the Sex Offenders
Registration Act 2004, for "the order" substitute
"an order under this section".
(4) At the end of section 40 of the Sex Offenders
10 Registration Act 2004 insert--
"(4) In deciding whether to make an order under
subsection (1), the Court must also take into
account any submissions made by the Chief
Commissioner under section 41.
15 (5) In deciding whether to make an order under
subsection (1A), the Court must also take
into account any evidence presented by the
Chief Commissioner as to the risk that the
registrable offender presents to the sexual
20 safety of one or more persons or the
community.".
37 New section 35A inserted
After section 35 of the Sex Offenders
Registration Act 2004 insert--
25 "35A Reporting period to run during
suspension
If the Supreme Court grants a suspension
order under section 40(1A) in respect of a
registrable offender who is not required to
30 continue to comply with the reporting
obligations imposed by this Part for the
remainder of his or her life, the period of
suspension of the registrable offender's
reporting period is counted when calculating
35 the remainder of that reporting period.".
561257B.I-11/8/2009 38 BILL LA INTRODUCTION 11/8/2009
Justice Legislation Further Amendment Bill 2009
Part 7--Sex Offenders Registration Act 2004
s. 38
38 Restriction on right of unsuccessful applicant to re-
apply for order
In section 43 of the Sex Offenders Registration
Act 2004, for "this Division" substitute
5 "section 40(1)".
39 New section 44A inserted
After section 44 of the Sex Offenders
Registration Act 2004 insert--
"44A Chief Commissioner may apply for
10 revocation of exemption order
(1) The Chief Commissioner may apply to the
Supreme Court for the revocation of an order
granted under section 40(1A) on the ground
that the circumstances in which that order
15 was sought have materially changed.
(2) The order under section 40(1A) ceases to
have effect on the making of an order under
subsection (1).".
40 Application for new order
20 (1) After section 45(1) of the Sex Offenders
Registration Act 2004 insert--
"(1A) If an order ceases to have effect in
accordance with section 44(1), the Chief
Commissioner may apply under this
25 Division for a new order.".
(2) In section 45(3) of the Sex Offenders
Registration Act 2004, for "this Division"
substitute "section 39(2)".
561257B.I-11/8/2009 39 BILL LA INTRODUCTION 11/8/2009
Justice Legislation Further Amendment Bill 2009
Part 7--Sex Offenders Registration Act 2004
s. 41
Division 2--Application of sex offender registration orders
to juvenile offenders
41 Sex offender registration order
After section 11(2) of the Sex Offenders
5 Registration Act 2004 insert--
"(2A) If a court finds a person guilty of an offence
committed as a child that is not a Class 1 or 2
offence (including a Class 3 or 4 offence) it
may order that the person comply with the
10 reporting obligations of this Act.".
Division 3--Additional personal details to be provided by
registrable offenders
42 Initial report by registrable offender of personal
details
15 (1) After section 14(1)(dc) of the Sex Offenders
Registration Act 2004 insert--
"(dd) any--
(i) Internet user names; or
(ii) instant messaging user names; or
20 (iii) chat room user names; or
(iv) other user name or identity--
used or intended to be used by the registrable
offender through the Internet or other
electronic communication service;".
25 (2) In section 14(1)(l) of the Sex Offenders
Registration Act 2004, for "destinations of the
travel." substitute "destinations of the travel;".
561257B.I-11/8/2009 40 BILL LA INTRODUCTION 11/8/2009
Justice Legislation Further Amendment Bill 2009
Part 7--Sex Offenders Registration Act 2004
s. 43
(3) After section 14(1)(l) of the Sex Offenders
Registration Act 2004, insert--
"(m) the passport number and country of issue of
each passport held by the registrable
5 offender.".
(4) In section 17(1) of the Sex Offenders
Registration Act 2004, for "A registrable
offender", substitute "Subject to subsections (1A)
and (1B), a registrable offender".
10 (5) In section 17(1) of the Sex Offenders
Registration Act 2004, omit "(other than the
personal details to which section 14(2)(b) or (2)(c)
applies)".
(6) After section 17(1A) of the Sex Offenders
15 Registration Act 2004 insert--
"(1B) A registrable offender must report to the
Chief Commissioner of Police any change in
his or her personal details to which
section 14(1)(m) applies--
20 (a) within 14 days after that change occurs;
or
(b) if the registrable offender intends to
leave Victoria to travel out of Australia
within 14 days after that change occurs,
25 at least 7 days before leaving
Victoria.".
Division 4--Change to the time period for reporting that a
registrable offender has unsupervised contact with a child
43 Registrable offender must report changes to
30 relevant personal details
In section 17(1A) of the Sex Offenders
Registration Act 2004, for "3 days" substitute
"one day".
561257B.I-11/8/2009 41 BILL LA INTRODUCTION 11/8/2009
Justice Legislation Further Amendment Bill 2009
Part 7--Sex Offenders Registration Act 2004
s. 44
Division 5--Periods within which registrable offenders must
report to police
44 When the report must be made
(1) In the Table in section 12(1) of the Sex Offenders
5 Registration Act 2004, for "28 days" (wherever
occurring) substitute "7 days".
(2) In the Table in section 12(1) of the Sex Offenders
Registration Act 2004, for "14 days" (where first
occurring) substitute "7 days".
10 (3) In section 13(1) of the Sex Offenders
Registration Act 2004, for "28 days" (wherever
occurring) substitute "7 days".
(4) In section 13(2) of the Sex Offenders
Registration Act 2004, for "28 days" (wherever
15 occurring) substitute "7 days".
(5) In section 13(3) of the Sex Offenders
Registration Act 2004, for "28 days" (wherever
occurring) substitute "7 days".
(6) In section 13(4) of the Sex Offenders
20 Registration Act 2004, for "14 days" substitute
"7 days".
Division 6--Clarification of how reporting periods are
calculated
45 Length of reporting period
25 (1) For the note at the foot of section 34(1) of the Sex
Offenders Registration Act 2004 substitute--
"Notes
1 If every registrable offence for which a person has been
found guilty is committed when he or she is a child, the
30 reporting period is reduced--see section 35. If one or
more of the offences for which a person has ever been
found guilty is committed when that person is an adult,
the reporting periods specified in section 34 apply as if
the Act did not contain section 35.
561257B.I-11/8/2009 42 BILL LA INTRODUCTION 11/8/2009
Justice Legislation Further Amendment Bill 2009
Part 7--Sex Offenders Registration Act 2004
s. 46
2 A life-long reporting obligation may be suspended
under Division 6.".
(2) After section 34(1) of the Sex Offenders
Registration Act 2004 insert--
5 "(1A) A reference in subsection (1) to an offence
extends to an offence committed as a child.".
46 Reduced period applies for juvenile registrable
offenders
After section 35(2) of the Sex Offenders
10 Registration Act 2004 insert--
"(3) This section does not apply if a person has
committed a registrable offence as an adult
in addition to an offence or offences
committed as a child.".
15 Division 7--Police to provide information from the Register
to Secretary
47 Access to the Register to be restricted
After section 63(1A) of the Sex Offenders
Registration Act 2004 insert--
20 "(1B) Despite subsection (1)(b), for the purposes of
administering the Working with Children
Act 2005, the Chief Commissioner of Police
may notify the Secretary of the name
(including any other name by which he or
25 she is, or has previously been, known), date
of birth and residential address or addresses
of any registrable offender as stated in the
Register.".
561257B.I-11/8/2009 43 BILL LA INTRODUCTION 11/8/2009
Justice Legislation Further Amendment Bill 2009
Part 7--Sex Offenders Registration Act 2004
s. 48
Division 8--Technical amendments
48 Who is a registrable offender?
(1) In note 4 at the foot of section 6(1) of the Sex
Offenders Registration Act 2004, omit "(other
5 than a single class 2 offence for which he or she
was not imprisoned or put under supervision)".
(2) In section 6(6)(b) of the Sex Offenders
Registration Act 2004, omit "or (c)".
(3) Section 6(8) of the Sex Offenders Registration
10 Act 2004 is repealed.
(4) The note at the foot of section 6(8) of the Sex
Offenders Registration Act 2004 is repealed.
__________________
561257B.I-11/8/2009 44 BILL LA INTRODUCTION 11/8/2009
Justice Legislation Further Amendment Bill 2009
Part 8--Stalking Intervention Orders Act 2008
s. 49
PART 8--STALKING INTERVENTION ORDERS ACT 2008
49 Effect of seizure of firearms if final order is made
(1) In the heading to section 41 of the Stalking See:
Act No.
Intervention Orders Act 2008-- 68/2008.
LawToday:
5 (a) before "seizure" insert "surrender or"; www.
legislation.
(b) after "firearms" insert "or other articles". vic.gov.au
(2) In section 41(1) of the Stalking Intervention
Orders Act 2008--
(a) before "seized" (where first occurring) insert
10 "surrendered under section 35 or";
(b) before "seized" (where secondly occurring)
insert "surrendered or".
(3) After section 41(1) of the Stalking Intervention
Orders Act 2008 insert--
15 "(1A) If an article other than one referred to in
subsection (1) is seized from a person under
section 37 and a final order has been or is
made against the person, the article must be
returned to the person unless--
20 (a) the article is required as evidence in
further proceedings under this Act or
another Act; or
(b) the article is subject to forfeiture after a
proceeding for an offence under this
25 Act or another Act.".
(4) In section 41(2) of the Stalking Intervention
Orders Act 2008, after "ammunition" (wherever
occurring) insert "or other article".
561257B.I-11/8/2009 45 BILL LA INTRODUCTION 11/8/2009
Justice Legislation Further Amendment Bill 2009
Part 8--Stalking Intervention Orders Act 2008
s. 50
50 Effect of seizure of firearm if no final order made
(1) In the heading to section 42 of the Stalking
Intervention Orders Act 2008--
(a) before "seizure" insert "surrender or";
5 (b) after "firearm" insert "or other articles".
(2) In section 42(1)(a) of the Stalking Intervention
Orders Act 2008, before "seized" insert
"surrendered under section 35 or".
(3) For section 42(1)(b) of the Stalking Intervention
10 Orders Act 2008 substitute--
"(b) either--
(i) a final order is not made against the
person; or
(ii) an application for an intervention order
15 is not made within a reasonable time;
and
(c) the firearm, firearms authority or
ammunition or other article is not otherwise
required as evidence in further proceedings
20 under this Act or another Act; and
(d) the firearm, firearms authority or
ammunition or other article is not subject to
forfeiture after a proceeding for an offence
under this Act or another Act.".
25 (4) In section 42(2) of the Stalking Intervention
Orders Act 2008, before "seized" insert
"surrendered or".
51 Bail on appearance to summons or arrest
For the heading to section 48 of the Stalking
30 Intervention Orders Act 2008 substitute--
"Bail on arrest".
__________________
561257B.I-11/8/2009 46 BILL LA INTRODUCTION 11/8/2009
Justice Legislation Further Amendment Bill 2009
Part 9--Amendments to Miscellaneous Acts and Repeal of Amending Act
s. 52
PART 9--AMENDMENTS TO MISCELLANEOUS ACTS AND
REPEAL OF AMENDING ACT
Division 1--Control of Weapons Act 1990
52 Identifying persons purchasing prohibited weapons
5 In section 5A(1) of the Control of Weapons Act See:
Act No.
1990-- 24/1990.
Reprint No. 4
(a) in paragraph (b), for "category." substitute as at
8 November
"category; or"; 2007.
LawToday:
(b) after paragraph (b) insert-- www.
legislation.
10 "(c) in the case of a purchaser who is vic.gov.au
authorised under the Police Integrity
Act 2008 to possess, carry and use
defensive equipment (within the
meaning of that Act), by means of that
15 authorisation and the purchaser's
photographic identification as a
member of staff of the Office of Police
Integrity.".
Division 2--Legal Aid Act 1978
20 53 Functions and powers
After section 6(2) of the Legal Aid Act 1978 See:
Act No.
insert-- 9245.
Reprint No. 5
"(3) VLA may enter into arrangements to provide as at
23 February
legal services on behalf of the Secretary to 2007
25 the Department of Justice-- and
amending
(a) to applicants under section 76(1) of the Act Nos
61/1989 and
Police Integrity Act 2008; 53/2007.
LawToday:
(b) to other persons. www.
legislation.
vic.gov.au
561257B.I-11/8/2009 47 BILL LA INTRODUCTION 11/8/2009
Justice Legislation Further Amendment Bill 2009
Part 9--Amendments to Miscellaneous Acts and Repeal of Amending Act
s. 54
(4) If an arrangement is entered into under
subsection (3)(a), VLA may carry out the
functions of the Secretary to the Department
of Justice under section 76 of the Police
5 Integrity Act 2008.
(5) An arrangement entered into under
subsection (3)(b) requires the prior approval
of the Attorney-General.
(6) Parts V, VI, VIA, VIB and VII do not
10 apply to the provision of legal services
under an arrangement entered into under
subsection (3).".
54 Duties of the VLA
At the end of section 7 of the Legal Aid Act 1978
15 insert--
"(2) VLA must account separately for all money
paid under an arrangement entered into
under section 6(3) and that money is not
payable to the Legal Aid Fund.".
20 Division 3--Liquor Control Reform Amendment
(Enforcement) Act 2009
55 Security cameras
See: In section 8 of the Liquor Control Reform
Act No.
8/2009. Amendment (Enforcement) Act 2009, for
25 Statute Book: proposed section 18B(2) substitute--
www.
legislation.
vic.gov.au
"(2) The regulations may prescribe the testing of
the security cameras to ensure compliance
with any standard referred to in
subsection (1) including--
30 (a) prescribing any standard, rule,
guideline, specification or method
formulated for the testing of the
security cameras;
561257B.I-11/8/2009 48 BILL LA INTRODUCTION 11/8/2009
Justice Legislation Further Amendment Bill 2009
Part 9--Amendments to Miscellaneous Acts and Repeal of Amending Act
s. 56
(b) prescribing the times at which tests
must be made;
(c) prescribing the persons or class of
persons who are to carry out the tests.".
5 Division 4--Major Crime Legislation Amendment Act 2009
56 Confidentiality of witness summons
In section 6 of the Major Crime Legislation See:
Act No.
Amendment Act 2009 in proposed section 3/2009.
20(8C), for "subsection (8E)" substitute Statute Book:
www.
10 "subsection (8F)". legislation.
vic.gov.au
57 New section 11A inserted
After section 11 of the Major Crime Legislation
Amendment Act 2009 insert--
"11A Court proceedings
15 In section 48 of the Major Crime
(Investigative Powers) Act 2004--
(a) in the heading to the section, omit
"Magistrates'";
(b) in subsection (1), for "the Magistrates'
20 Court" substitute "a court";
(c) in subsection (2), for "the Magistrates'
Court" (where first occurring)
substitute "the court";
(d) in subsection (2), for "the Magistrates'
25 Court" (where secondly occurring)
substitute "a court".".
561257B.I-11/8/2009 49 BILL LA INTRODUCTION 11/8/2009
Justice Legislation Further Amendment Bill 2009
Part 9--Amendments to Miscellaneous Acts and Repeal of Amending Act
s. 58
Division 5--Police Regulation Act 1958
58 Definitions
See: In section 85A of the Police Regulation Act 1958
Act No.
6338. insert the following definition--
Reprint No. 12
5 as at "approved health professional has the same
14 July 2008
and
meaning as in the Road Safety Act 1986;".
amending
Act Nos
30/2007,
4/2008,
34/2008,
52/2008,
60/2008,
68/2008,
77/2008 and
25/2009.
LawToday:
www.
legislation.
vic.gov.au
59 Testing of members in certain circumstances
(1) In section 85B(2)(c) of the Police Regulation Act
1958, after "practitioner" insert "or an approved
10 health professional".
(2) In section 85B(4) of the Police Regulation Act
1958--
(a) after "registered medical practitioner" insert
"or an approved health professional"; and
15 (b) after "the practitioner" (wherever occurring)
insert "or health professional".
561257B.I-11/8/2009 50 BILL LA INTRODUCTION 11/8/2009
Justice Legislation Further Amendment Bill 2009
Part 9--Amendments to Miscellaneous Acts and Repeal of Amending Act
s. 60
Division 6--Road Safety Act 1986
60 Evidence relating to prescribed detection devices
In section 83A(1) of the Road Safety Act 1986 See:
Act No.
for "in the prescribed form" substitute 127/1986.
5 "containing the prescribed information". Reprint No. 11
as at
29 September
2008
and
amending
Act Nos
19/1991,
30/2007,
2/2008,
12/2008,
46/2008,
77/2008,
13/2009,
17/2009 and
28/2009.
LawToday:
www.
legislation.
vic.gov.au
61 New sections inserted after section 103T
After section 103T of the Road Safety Act 1986
insert--
"103U Definition
10 In sections 103V, 103W, 103X, 103Y and
103Z 2009 Act means the Road Legislation
Amendment Act 2009.
103V Transitional provision 2009 Act--
Section 79 evidence
15 Despite the commencement of section 25 of
the 2009 Act, section 79 of this Act, as in
force before that commencement, continues
to apply to evidence of the speed of a motor
vehicle or trailer that was indicated or
20 determined before that commencement by a
then prescribed speed measuring device.
561257B.I-11/8/2009 51 BILL LA INTRODUCTION 11/8/2009
Justice Legislation Further Amendment Bill 2009
Part 9--Amendments to Miscellaneous Acts and Repeal of Amending Act
s. 61
103W Transitional provision 2009 Act --
Section 80A evidence
Despite the commencement of section 27 of
the 2009 Act, section 80A of this Act, as in
5 force before that commencement, continues
to apply to evidence of the fact that an
unregistered vehicle was being driven at a
particular time and place or that number
plates were not being displayed at a
10 particular time, being evidence that was
indicated or determined before that
commencement by a detection device then
prescribed for the purposes of section 66.
103X Transitional provision 2009 Act--
15 Section 81 evidence
Despite the commencement of section 28 of
the 2009 Act, section 81 of this Act, as in
force before that commencement, continues
to apply to evidence of the speed at which a
20 motor vehicle or trailer travelled, being
evidence that was indicated or determined
before that commencement by--
(a) a detection device then prescribed for
the purposes of section 66; or
25 (b) an image or message produced by a
detection device then prescribed for the
purposes of section 66; or
(c) an image or message produced by a
then prescribed process.
30 103Y Transitional provision 2009 Act--
Section 83 certificates
(1) In relation to a certificate issued under
section 83 before the commencement of
section 29 of the 2009 Act in respect of a
35 device referred to in section 79, the
following provisions apply--
561257B.I-11/8/2009 52 BILL LA INTRODUCTION 11/8/2009
Justice Legislation Further Amendment Bill 2009
Part 9--Amendments to Miscellaneous Acts and Repeal of Amending Act
s. 61
(a) in respect of any criminal proceeding
relating to an indication or
determination by the device that
occurred before that commencement,
5 section 83, as in force before that
commencement is taken to continue to
apply;
(b) in respect of any criminal proceeding
relating to an indication or
10 determination by the device that
occurred on or after that
commencement, a reference in the
certificate to a device referred to in
section 79 (or to that effect) is to be
15 taken to be a reference to--
(i) a prescribed road safety camera;
or
(ii) a prescribed speed detector--
as the case so requires.
20 (2) In relation to any certificate issued under
section 83 of the Act on or after the
commencement of section 29 of the 2009
Act in respect of a device described in the
certificate as--
25 (a) a road safety camera; or
(b) a speed detector--
if the device was tested and sealed before
that commencement--
(c) the certificate has effect as if it were
30 issued in respect of the device as a
speed measuring device, within the
meaning of the Act as in force before
that commencement; and
561257B.I-11/8/2009 53 BILL LA INTRODUCTION 11/8/2009
Justice Legislation Further Amendment Bill 2009
Part 9--Amendments to Miscellaneous Acts and Repeal of Amending Act
s. 61
(d) where the case so requires, a reference
to the device for the purposes of any
proceeding as--
(i) a road safety camera; or
5 (ii) a speed detector--
is taken to be a reference to the device
as a speed measuring device within the
meaning of the Act as in force before
that commencement.
10 103Z Transitional provision 2009 Act--
Section 83A certificates
(1) In relation to a certificate issued under
section 83A before the commencement of
section 30 of the 2009 Act--
15 (a) in respect of a detection device then
prescribed for the purposes of
section 66; and
(b) in respect of any proceeding under this
Act to which subsection (2) does not
20 apply--
section 83A, as in force before that
commencement is taken to continue to apply.
(2) In relation to a certificate issued under
section 83A before the commencement of
25 section 30 of the 2009 Act--
(a) in respect of a detection device then
prescribed for the purposes of
section 66; and
(b) in respect of any proceeding under this
30 Act in which evidence is being adduced
under section 80; and
561257B.I-11/8/2009 54 BILL LA INTRODUCTION 11/8/2009
Justice Legislation Further Amendment Bill 2009
Part 9--Amendments to Miscellaneous Acts and Repeal of Amending Act
s. 61
(c) where the proceeding relates to any
indication or determination by the
device--
where the case so requires, a reference in the
5 certificate to a device prescribed for the
purposes of section 66 (or to that effect) is
taken to be a reference to a prescribed road
safety camera.
(3) In relation to a certificate issued under
10 section 83A on or after the commencement
of section 30 of the 2009 Act--
(a) in respect of a device described in the
certificate as a prescribed road safety
camera; and
15 (b) in respect of an indication or
determination by the device that
occurred before that commencement--
where the case so requires, the certificate has
effect as if it were issued in respect of the
20 device as a device prescribed for the
purposes of section 66, within the meaning
of the Act as in force before that
commencement.".
561257B.I-11/8/2009 55 BILL LA INTRODUCTION 11/8/2009
Justice Legislation Further Amendment Bill 2009
Part 9--Amendments to Miscellaneous Acts and Repeal of Amending Act
s. 62
Division 7--Witness Protection Act 1991
62 Notice of involuntary termination, review and
appeal
See: In section 17(6) of the Witness Protection Act
Act No.
5 15/1991. 1991, for "72 hours" substitute "14 days".
Reprint No. 3
as at
16 March
2006
and
amending
Act Nos
12/2008 and
34/2008.
LawToday:
www.
legislation.
vic.gov.au
Division 8--Working with Children Act 2005
63 Re-assessment
See: (1) In section 21(1)(c) of the Working with Children
Act No.
57/2005. Act 2005, for "dealt with." substitute "dealt with;
10 Reprint No. 2 or".
as at
22 May 2008
and
(2) After section 21(1)(c) of the Working with
amending Children Act 2005 insert--
Act Nos
21/2008, "(d) if notified by any Commonwealth, State or
52/2008 and
85/2008. Territory law enforcement agency (or other
15 LawToday: organisation acting on behalf of a
www.
legislation. Commonwealth, State or Territory law
vic.gov.au enforcement agency) of a charge or of how a
charge has been finally dealt with.".
(3) After section 21(1) of the Working with
20 Children Act 2005 insert--
"(1A) For the purposes of subsection (1), State
means a State of the Commonwealth.".
561257B.I-11/8/2009 56 BILL LA INTRODUCTION 11/8/2009
Justice Legislation Further Amendment Bill 2009
Part 9--Amendments to Miscellaneous Acts and Repeal of Amending Act
s. 64
Division 9--Repeal of Amending Act
64 Repeal of amending Act
This Act is repealed on 1 March 2011.
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).
561257B.I-11/8/2009 57 BILL LA INTRODUCTION 11/8/2009
Justice Legislation Further Amendment Bill 2009
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561257B.I-11/8/2009 58 BILL LA INTRODUCTION 11/8/2009
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