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PARLIAMENT OF VICTORIA
Summary Offences and Sentencing Amendment Bill
2013
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purposes 1
2 Commencement 2
PART 2--AMENDMENTS TO THE SUMMARY OFFENCES
ACT 1966 3
3 Direction to move on 3
4 New sections 6A and 6B inserted 4
6A Arrest of person found in contravention of direction
to move on 4
6B Requirement to give name and address 5
5 New Division 1B of Part I inserted 7
Division 1B--Exclusion orders 7
6C Definitions 7
6D Application for exclusion order 7
6E Determination of application 8
6F When exclusion order takes effect 10
6G Offence to contravene exclusion order 11
6H Variation of exclusion order 11
6I Revocation of exclusion order 12
6J Chief Commissioner to report on exclusion orders 14
6 Transitional provision 15
PART 3--AMENDMENTS TO THE SENTENCING ACT 1991 16
7 New Division 4 of Part 4 inserted 16
Division 4--Alcohol exclusion orders 16
89DC Definitions 16
89DD Alcohol exclusion order 19
89DE When an alcohol exclusion order must be made 20
89DF Offences for contravening alcohol exclusion order 23
571141B.I-10/12/2013 i BILL LA INTRODUCTION 10/12/2013
Clause Page
89DG Variation of alcohol exclusion order 24
89DH Chief Commissioner to report on alcohol exclusion
orders 25
8 New section 151 inserted 27
151 Transitional provision--Summary Offences and
Sentencing Amendment Act 2013 27
PART 4--REPEAL OF AMENDING ACT 28
9 Repeal of amending Act 28
ENDNOTES 29
571141B.I-10/12/2013 ii BILL LA INTRODUCTION 10/12/2013
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Summary Offences and Sentencing
Amendment Bill 2013
A Bill for an Act to amend the Summary Offences Act 1966 and the
Sentencing Act 1991 and for other purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purposes
The main purposes of this Act are--
(a) to amend the Summary Offences Act 1966
5 in relation to directions to move on and to
provide for the making of exclusion orders
from public places; and
(b) to amend the Sentencing Act 1991 to
provide for the making of alcohol exclusion
10 orders in relation to offenders who commit
certain violent assaults.
571141B.I-10/12/2013 1 BILL LA INTRODUCTION 10/12/2013
Summary Offences and Sentencing Amendment Bill 2013
Part 1--Preliminary
s. 2
2 Commencement
(1) Subject to subsection (2), this Act comes into
operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into
5 operation before 1 September 2014, it comes into
operation on that day.
__________________
571141B.I-10/12/2013 2 BILL LA INTRODUCTION 10/12/2013
Summary Offences and Sentencing Amendment Bill 2013
Part 2--Amendments to the Summary Offences Act 1966
s. 3
PART 2--AMENDMENTS TO THE SUMMARY OFFENCES
ACT 1966
3 Direction to move on
(1) In section 6(1)(c) of the Summary Offences Act See:
Act No. 7405.
5 1966, for "safety." substitute "safety; or". Reprint No. 11
as at
(2) After section 6(1)(c) of the Summary Offences 27 April 2012
and
Act 1966 insert-- amending
Act Nos
"(d) the person has or persons have committed, 27/2011,
within the last 12 hours, an offence in the 5/2012,
26/2012,
10 public place; or 27/2012,
32/2013 and
(e) the conduct of the person or persons is 70/2013.
causing a reasonable apprehension of LawToday:
www.legislati
violence in another person; or on.vic.gov.au
(f) the person is or persons are causing, or likely
15 to cause, an undue obstruction to another
person or persons or traffic; or
(g) the person is or persons are present for the
purpose of unlawfully procuring or
supplying, or intending to unlawfully
20 procure or supply, a drug of dependence
within the meaning of section 4 of the
Drugs, Poisons and Controlled Substances
Act 1981; or
(h) the person is or persons are impeding or
25 attempting to impede another person from
lawfully entering or leaving premises or part
of premises.".
(3) After section 6(1) of the Summary Offences Act
1966 insert--
30 "(1A) For the purpose of subsection (1)(f), in
considering whether an obstruction is undue,
a member of the police force, or a protective
services officer on duty at a designated
place, must have regard to--
571141B.I-10/12/2013 3 BILL LA INTRODUCTION 10/12/2013
Summary Offences and Sentencing Amendment Bill 2013
Part 2--Amendments to the Summary Offences Act 1966
s. 4
(a) the duration of the obstruction; and
(b) the conduct that is causing the
obstruction.".
(4) In section 6(2) of the Summary Offences Act
5 1966, after "orally" insert "and may apply to an
individual person or a group of persons".
(5) In section 6(5) of the Summary Offences Act
1966, for "This section does" substitute
"Subject to subsection (6), subsections (1)(a)
10 and (f) do".
(6) After section 6(5) of the Summary Offences Act
1966 insert--
"(6) Subsection (5) does not prevent a member of
the police force or a protective services
15 officer giving a direction under subsection
(1)(b), (c), (d), (e), (g) or (h).".
4 New sections 6A and 6B inserted
After section 6 of the Summary Offences Act
1966 insert--
20 "6A Arrest of person found in contravention of
direction to move on
(1) Without limiting section 458 of the Crimes
Act 1958, a member of the police force, or a
protective services officer on duty at a
25 designated place, may arrest a person
without warrant if the member or officer
reasonably believes that the person is
committing or has committed an offence
against section 6(4).
30 (2) If a protective services officer arrests a
person under subsection (1), the officer must
hand the person into the custody of a
member of the police force as soon as
practicable after the person is arrested.
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Part 2--Amendments to the Summary Offences Act 1966
s. 4
(3) A member of the police force who arrests a
person under subsection (1), or into whose
custody a person is handed under subsection
(2), must not detain the person in custody
5 unless the member reasonably believes that
the detention is necessary--
(a) to ensure the attendance of the arrested
person before a court of competent
jurisdiction; or
10 (b) to preserve public order; or
(c) to prevent the continuation or repetition
of the offence; or
(d) for the safety or welfare of members of
the public or of the arrested person.
15 (4) If it appears to a member of the police force
that it is no longer necessary to detain a
person who has been arrested under this
section for a reason set out in subsection (3),
the member must release that person from
20 custody without bail or cause the person to
be so released, whether or not a summons to
answer to a charge has been issued against
the person or a notice to appear has been
served on the person in relation to the
25 offence alleged.
6B Requirement to give name and address
(1) A member of the police force who intends to
give a person a direction to move on may
request the person to state the person's name
30 and address.
(2) A member of the police force who makes a
request under subsection (1) must inform the
person of the member's intention to give the
person a direction to move on.
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Part 2--Amendments to the Summary Offences Act 1966
s. 4
(3) A person must not, in response to a request
made by a member of the police force in
accordance with this section--
(a) refuse or fail to comply with the request
5 without a reasonable excuse for not
doing so; or
(b) state a name or address that is false in a
material particular.
Penalty: 5 penalty units.
10 (4) A person who is requested to state his or her
name or address may request the member
who made the request to state, orally or in
writing, the member's name, rank and place
of duty.
15 (5) A member of the police force must not, in
response to a request under subsection (4)--
(a) refuse or fail to comply with the
request, including refusing or failing to
answer the request in writing if
20 specifically requested to do so; or
(b) state a name or rank that is false in a
material particular; or
(c) state as his or her place of duty an
address other than the name of the
25 police station which is the member's
ordinary place of duty.
Penalty: 5 penalty units.
(6) If a person states a name or address in
response to a request made under subsection
30 (1) and the member who made the request
suspects on reasonable grounds that the
stated name or address may be false, the
member may request the person to produce
evidence of the correctness of the name or
35 address.
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Part 2--Amendments to the Summary Offences Act 1966
s. 5
(7) A person must comply with a request under
subsection (6), unless he or she has a
reasonable excuse for not doing so.
Penalty: 5 penalty units.
5 (8) It is not an offence for a person to fail to
comply with a request made under
subsection (1) or (6) if the member who
made the request did not inform the person,
at the time the request was made, that it is an
10 offence to fail to comply with the request.".
5 New Division 1B of Part I inserted
In Part I of the Summary Offences Act 1966,
after Division 1A insert--
"Division 1B--Exclusion orders
15 6C Definitions
In this Division--
Court means the Magistrates' Court;
direction to move on means a direction given
under section 6;
20 exclusion order means an order made under
section 6D.
6D Application for exclusion order
(1) A member of the police force may apply for
an exclusion order.
25 (2) An application made under this section
must--
(a) be in writing; and
(b) identify the person in respect of whom
the exclusion order is sought; and
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s. 5
(c) contain a description of the public
place, or part of the public place, in
respect of which the exclusion order is
sought; and
5 (d) state the grounds on which the
exclusion order is sought; and
(e) be accompanied by at least one
affidavit that verifies the facts on which
the application is based.
10 (3) An application made under this section must
be served on the respondent as soon as is
practicable after the application is filed with
the Court.
6E Determination of application
15 (1) On an application under section 6D, the
Court may make an exclusion order in
respect of a person if the Court is satisfied on
the balance of probabilities that in respect of
the same public place, or part of the public
20 place--
(a) the person has been given a direction to
move on--
(i) 3 or more times within a period of
6 months; or
25 (ii) 5 or more times within a period of
12 months; and
(b) an exclusion order has not previously
been made in respect of the person in
relation to the conduct that formed the
30 basis of the directions to move on
referred to in paragraph (a); and
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Part 2--Amendments to the Summary Offences Act 1966
s. 5
(c) an exclusion order may be a reasonable
means of preventing the person from
engaging in further conduct in the
public place, or part of the public place,
5 that could form the basis for another
direction to move on.
(2) In determining whether an exclusion order
may be reasonable under subsection (1)(c),
the Court may take into account the
10 following--
(a) the nature and gravity of the person's
conduct that formed the basis for any of
the previous directions to move on;
(b) whether the person has previously been
15 the subject of an exclusion order under
this Division;
(c) the likely impact of the exclusion order
on--
(i) the person; and
20 (ii) any other person affected by the
conduct that formed the basis of
any of the previous directions to
move on; and
(iii) public safety and order;
25 (d) any other matter that the Court
considers relevant.
(3) An exclusion order must state--
(a) the name of the person to whom the
order applies; and
30 (b) the ground on which the order has been
made; and
(c) a description of the public place, or part
of the public place, which the person
must not enter; and
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Part 2--Amendments to the Summary Offences Act 1966
s. 5
(d) when the exclusion order takes effect in
accordance with section 6F; and
(e) a period not exceeding 12 months
during which the person must not enter
5 the public place or part of the public
place; and
(f) the conditions, if any, imposed under
subsection (5).
(4) Subject to subsection (5), an exclusion order
10 prohibits a person from entering or
remaining in a public place, or part of a
public place, at all times during the period of
the order.
(5) An exclusion order may allow the person to
15 enter a public place, or part of a public place,
for a specified purpose during the period of
the order if--
(a) the Court considers that there is a good
reason why the person should be
20 allowed to enter the place; and
(b) the Court considers that it is appropriate
in all the circumstances.
6F When exclusion order takes effect
An exclusion order takes effect--
25 (a) if the person to whom the order applies
is present at court when the order is
made--from the time at which the
order is made; or
(b) if the person to whom the order applies
30 is not present at court when the order is
made--7 days after the day on which a
copy of the order is served on the
person.
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Part 2--Amendments to the Summary Offences Act 1966
s. 5
6G Offence to contravene exclusion order
(1) A person in respect of whom an exclusion
order is in effect must not engage in conduct
in contravention of the order knowing that
5 the order is in effect, or being reckless as to
whether the order is in effect.
Penalty: 2 years imprisonment.
(2) It is not a contravention of subsection (1) if
the conduct contravening the order was
10 caused by circumstances beyond the control
of the accused and the accused had taken
reasonable precautions to avoid committing
an offence against subsection (1).
(3) In proceedings for an offence against
15 subsection (1), proof of the person the
subject of the exclusion order being present
in court when the order is made, or proof of
service of the exclusion order on the person
is admissible in evidence for the purpose of
20 establishing that the person knows that an
exclusion order is in effect and, in the
absence of evidence to the contrary, is proof
of that fact.
6H Variation of exclusion order
25 (1) Any of the following may apply to the Court
for variation of an exclusion order--
(a) the applicant for the exclusion order;
(b) the person to whom the order applies.
(2) On application under subsection (1), the
30 Court may vary an exclusion order if the
Court--
571141B.I-10/12/2013 11 BILL LA INTRODUCTION 10/12/2013
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Part 2--Amendments to the Summary Offences Act 1966
s. 5
(a) is satisfied that new facts or
circumstances have arisen since the
making or last variation of the order
that make it appropriate for the order to
5 be varied; and
(b) considers that it is appropriate to do so.
(3) In determining whether it is appropriate to
vary an exclusion order under subsection
(2)(b), the Court may consider the likely
10 impact of the exclusion order as proposed to
be varied on--
(a) the person to whom the order applies;
and
(b) any other person affected by the
15 conduct that resulted in the directions to
move on that formed the basis of the
exclusion order; and
(c) public safety and order--
and any other matter that the Court considers
20 relevant.
(4) The Court must specify the time and date at
which an exclusion order as varied takes
effect.
6I Revocation of exclusion order
25 (1) Any of the following may apply to the Court
for revocation of an exclusion order--
(a) the applicant for the exclusion order;
(b) the person to whom the order applies.
(2) On application under subsection (1), the
30 Court may revoke an exclusion order if the
Court is satisfied that--
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Part 2--Amendments to the Summary Offences Act 1966
s. 5
(a) new facts or circumstances have arisen
since the making or last variation of the
order; and
(b) the exclusion order is no longer a
5 reasonable means of preventing the
person to whom the order applies from
engaging in conduct in the public place,
or part of the public place, that could
form the basis for a direction to move
10 on.
(3) In determining whether an exclusion order is
no longer reasonable under subsection (2)(b),
the Court may take into account--
(a) the nature and gravity of the conduct
15 that resulted in the directions to move
on that formed the basis of the
exclusion order; and
(b) whether the person to whom the
exclusion order applies has previously
20 been the subject of an exclusion order
under this Division; and
(c) the likely impact of the revocation of
the exclusion order on--
(i) the person to whom the exclusion
25 order applies; and
(ii) any other person affected by the
conduct that resulted in the
directions to move on that formed
the basis of the exclusion order;
30 and
(iii) public safety and order; and
(d) any other matter that the Court
considers relevant.
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Part 2--Amendments to the Summary Offences Act 1966
s. 5
6J Chief Commissioner to report on
exclusion orders
The Chief Commissioner of Police must
provide to the Minister for inclusion in the
5 annual report of operations under Part 7 of
the Financial Management Act 1994 a
report containing--
(a) the number of applications made for
exclusion orders during that financial
10 year; and
(b) the number of applications for
exclusion orders that were withdrawn
during that year; and
(c) the number of applications for
15 exclusion orders that were dismissed
during that year; and
(d) the number of exclusion orders made
during that year; and
(e) the number of persons charged with an
20 offence against section 6G during that
year; and
(f) the number of persons found guilty of
an offence against section 6G in that
year; and
25 (g) the number of contraventions of an
exclusion order that were recorded by
members of the police force during that
year in respect of which no charge-
sheet was filed.".
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Part 2--Amendments to the Summary Offences Act 1966
s. 6
6 Transitional provision
After section 62(8) of the Summary Offences
Act 1966 insert--
"(9) This Act, as amended by section 5 of the
5 Summary Offences and Sentencing
Amendment Act 2014, applies in respect of
a direction given under section 6 on or after
the commencement of that Act.".
__________________
571141B.I-10/12/2013 15 BILL LA INTRODUCTION 10/12/2013
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Part 3--Amendments to the Sentencing Act 1991
s. 7
PART 3--AMENDMENTS TO THE SENTENCING ACT 1991
7 New Division 4 of Part 4 inserted
See: In Part 4 of the Sentencing Act 1991, after
Act No.
49/1991. Division 3 insert--
Reprint No. 15
as at
5 30 September "Division 4--Alcohol exclusion orders
2013 and
amending 89DC Definitions
Act Nos
32/2013, In this Division--
46/2013 and
70/2013. alcohol exclusion order means an order
LawToday:
www.legislati under section 89DE;
on.vic.gov.au
10 bar area means an area within a licensed
premises that is set aside for the service
of liquor for consumption on those
premises;
intoxicated, in relation to a person, means
15 the person's speech, balance,
co-ordination or behaviour is noticeably
affected as a result of the consumption
of liquor;
licensed premises has the same meaning as
20 in the Liquor Control Reform Act
1998;
liquor has the same meaning as in the
Liquor Control Reform Act 1998;
major event has the same meaning as in the
25 Liquor Control Reform Act 1998;
offender means a person referred to in
section 89DE(1);
relevant offence means any of the following
offences--
30 (a) murder;
(b) manslaughter;
571141B.I-10/12/2013 16 BILL LA INTRODUCTION 10/12/2013
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Part 3--Amendments to the Sentencing Act 1991
s. 7
(c) an offence against any of the
following provisions of the
Crimes Act 1958--
(i) section 15A(1) (Causing
5 serious injury intentionally in
circumstances of gross
violence);
(ii) section 15B(1) (Causing
serious injury recklessly in
10 circumstances of gross
violence);
(iii) section 16 (Causing serious
injury intentionally);
(iv) section 17 (Causing serious
15 injury recklessly);
(v) section 18 (Causing injury
intentionally or recklessly);
(vi) section 19(1) (Offence to
administer certain
20 substances);
(vii) section 20 (Threats to kill);
(viii) section 22 (Conduct
endangering life);
(ix) section 23 (Conduct
25 endangering persons);
(x) section 24 (Negligently
causing serious injury);
(xi) section 29(1) (Using firearm
to resist arrest etc.);
30 (xii) section 30 (Threatening
injury to prevent arrest);
(xiii) section 31(1) (Assaults);
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Part 3--Amendments to the Sentencing Act 1991
s. 7
(xiv) section 31A(1) (Use of
firearms in the commission
of offences);
(xv) section 38(1) (Rape);
5 (xvi) section 38A(1) (Compelling
sexual penetration);
(xvii) section 39(1) (Indecent
assault);
(xviii) section 40(1) (Assault with
10 intent to rape);
(xix) section 45(1) (Sexual
penetration of a child under
age of 16);
(xx) section 47(1) (Indecent act
15 with child under age of 16);
(xxi) section 48(1) (Sexual
penetration of 16 or 17 year
old child);
(xxii) section 49(1) (Indecent act
20 with 16 or 17 year old child);
(xxiii) section 53(1)
(Administration of drugs etc.
with intention to perform act
of sexual penetration);
25 (xxiv) section 53(2)
(Administration of drugs etc.
with intention to perform
indecent act);
(xxv) section 57(1) (Procuring
30 sexual penetration by
threats);
(xxvi) section 57(2) (Procuring
sexual penetration by fraud);
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Part 3--Amendments to the Sentencing Act 1991
s. 7
(xxvii) section 58(1) (Procuring
child to take part in an act of
sexual penetration);
(xxviii) section 58(2) (Procuring
5 person to take part in an act
of sexual penetration of a
child);
(xxix) section 58(3) (Procuring
person who is 16 or 17 and
10 under their care to take part
in an act of sexual
penetration);
(xxx) section 60A(1) (Sexual
offence while armed with an
15 offensive weapon);
(xxxi) section 63A (Kidnapping);
(xxxii) section 68(1) (Production of
child pornography);
(xxxiii) section 70AC (Sexual
20 performance involving a
minor).
89DD Alcohol exclusion order
(1) If a person has been charged with a relevant
offence, the Director of Public Prosecutions
25 or a member of the police force may make an
application for an alcohol exclusion order.
(2) An application for an alcohol exclusion order
under this section must be filed and served
on the accused who is the subject of the
30 application--
(a) in the case of a proceeding listed for a
summary hearing in the Magistrates'
Court, before the first mention hearing,
or later with the leave of the court; or
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s. 7
(b) in the case of a committal proceeding,
before the committal mention hearing,
or later with the leave of the court; or
(c) in any other case, before the first
5 directions hearing, or later with the
leave of the court.
(3) An application for an alcohol exclusion order
may be withdrawn by the Director of Public
Prosecutions or a member of the police force
10 at any time before it is determined.
(4) A court may also make an alcohol exclusion
order in respect of an offender on the court's
own motion if it is satisfied that the
circumstances set out in section 89DE(1)
15 apply to the offender.
89DE When an alcohol exclusion order must be
made
(1) A court must make an alcohol exclusion
order in respect of an offender if--
20 (a) the court records a conviction against
the offender for a relevant offence; and
(b) the court is satisfied on the balance of
probabilities that--
(i) at the time of the relevant offence
25 the offender was intoxicated; and
(ii) the offender's intoxication
significantly contributed to the
commission of the relevant
offence; and
30 (c) the offender is not, or has not been, the
subject of a previous alcohol exclusion
order in relation to the circumstances
that gave rise to the relevant offence.
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s. 7
(2) The court is not required to call further
evidence for the purposes of satisfying itself
of the matters set out in subsection (1)(b).
(3) The duration of an alcohol exclusion order is
5 2 years.
(4) Subject to subsection (5), an alcohol
exclusion order prohibits an offender from--
(a) entering or remaining in any licensed
premises characterised as a nightclub,
10 bar, restaurant, cafe, reception centre or
function centre; and
(b) entering or remaining in the location of
any major event; and
(c) entering or remaining in a bar area of
15 any licensed premises to which
paragraph (a) or (b) does not apply; and
(d) consuming or attempting to consume
any liquor in any licensed premises to
which paragraph (a) or (b) does not
20 apply.
(5) An alcohol exclusion order may be subject to
exemptions that allow a person to enter or
remain in a specified place for a specified
purpose during the period of the order if--
25 (a) the Court considers that there is a good
reason why the person should be
allowed to enter or remain in the place;
and
(b) the Court considers that it is appropriate
30 in all the circumstances.
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s. 7
(6) An alcohol exclusion order takes effect--
(a) if the offender is not serving a custodial
sentence for another offence and the
order has not been made in combination
5 with a custodial sentence, at the time
the order is made; or
(b) if the offender is serving a custodial
sentence for another offence at the time
the order is made or the order has been
10 made in combination with a custodial
sentence, on the offender's release from
prison.
(7) An alcohol exclusion order must state--
(a) the name of the offender; and
15 (b) the grounds on which the order is
made; and
(c) the conduct that is prohibited by the
order; and
(d) any exemptions imposed under
20 subsection (5); and
(e) when the order takes effect in
accordance with subsection (6); and
(f) the duration of the order.
(8) If a court makes an alcohol exclusion order
25 in respect of a person, it must not, for the
duration of the order, in respect of that
person--
(a) make an exclusion order under
Part 8A of the Liquor Control Reform
30 Act 1998 (except an order under
section 148I(2)(a) of that Act); or
(b) attach an alcohol exclusion condition as
a condition of a community corrections
order.
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Summary Offences and Sentencing Amendment Bill 2013
Part 3--Amendments to the Sentencing Act 1991
s. 7
89DF Offences for contravening alcohol
exclusion order
(1) A person in respect of whom an alcohol
exclusion order is in effect must not, in
5 contravention of the order, enter, remain or
attempt to enter or remain in any place that
the person knows or is reckless as to whether
the place is--
(a) a licensed premises characterised as a
10 nightclub, bar, restaurant, cafe,
reception centre or function centre; or
(b) the location of a major event; or
(c) a bar area of any licensed premises to
which paragraph (a) or (b) does not
15 apply--
knowing that the order is in effect, or being
reckless as to whether the order is in effect.
Penalty: Level 7 imprisonment.
(2) A person in respect of whom an alcohol
20 exclusion order is in effect must not, in
contravention of the order, consume or
attempt to consume liquor in any place that
the person knows or is reckless as to whether
the place is a licensed premises, knowing
25 that the order is in effect, or being reckless as
to whether the order is in effect.
Penalty: Level 7 imprisonment.
(3) It is not a contravention of subsection (1) if
the conduct contravening the order was
30 caused by circumstances beyond the control
of the accused and the accused had taken
reasonable precautions to avoid committing
an offence against subsection (1).
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Summary Offences and Sentencing Amendment Bill 2013
Part 3--Amendments to the Sentencing Act 1991
s. 7
(4) In proceedings for an offence against
subsection (1) or (2), proof of the person the
subject of the alcohol exclusion order being
present in court when the order is made, or
5 proof of service of the alcohol exclusion
order on the person is admissible in evidence
for the purpose of establishing that the
person knows that an alcohol exclusion order
is in effect and, in the absence of evidence to
10 the contrary, is proof of that fact.
89DG Variation of alcohol exclusion order
(1) Any of the following may apply for variation
of an alcohol exclusion order--
(a) the person to whom the order applies;
15 (b) a member of the police force.
(2) An application under subsection (1) must be
made to the same court that made the alcohol
exclusion order.
(3) On an application under subsection (1), the
20 court may vary an alcohol exclusion order, if
the court--
(a) is satisfied that new facts or
circumstances have arisen since the
making or last variation of the order
25 that make it appropriate for the order to
be varied; and
(b) is satisfied that there is a good reason
why the person to whom the order
applies should, or should not, be
30 allowed to enter specified licensed
premises; and
(c) considers that it is appropriate in all the
circumstances to do so.
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Summary Offences and Sentencing Amendment Bill 2013
Part 3--Amendments to the Sentencing Act 1991
s. 7
(4) If the court varies an exclusion order under
this section, it may only make any of the
following variations--
(a) imposing a new exemption on an
5 alcohol exclusion order;
(b) varying or removing an existing
exemption on an alcohol exclusion
order.
(5) The court must specify the date on which the
10 alcohol exclusion order as varied takes
effect.
89DH Chief Commissioner to report on alcohol
exclusion orders
(1) The Chief Commissioner of Police must
15 provide to the Minister for inclusion in the
annual report of operations under Part 7 of
the Financial Management Act 1994 a
report containing--
(a) the number of applications made for
20 alcohol exclusion orders during that
financial year; and
(b) the number of applications for alcohol
exclusion orders that were withdrawn
during that year; and
25 (c) the number of applications for alcohol
exclusion orders that were dismissed
during that year; and
(d) the number of alcohol exclusion orders
made during that year; and
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Summary Offences and Sentencing Amendment Bill 2013
Part 3--Amendments to the Sentencing Act 1991
s. 7
(e) the number of persons charged with an
offence against section 89DF(1) or (2)
during that year; and
(f) the number of charges for an offence
5 under section 89DF(1) or (2) that
resulted in a finding of guilt in that
year; and
(g) the number of contraventions of an
alcohol exclusion order that were
10 recorded by members of the police
force during that year in respect of
which no charge sheet was filed; and
(h) a comparison with the immediately
preceding 3 financial years of the
15 information required under this
subsection.
(2) As soon as is practicable after the end of
each financial year, the Director of Public
Prosecutions must provide the Chief
20 Commissioner of Police with the following
information for the purposes of preparing a
report under this section--
(a) the number of applications made by the
Director of Public Prosecutions for
25 alcohol exclusion orders during that
financial year; and
(b) the number of applications for alcohol
exclusion orders that were withdrawn
during that year; and
30 (c) the number of applications for alcohol
exclusion orders that were dismissed
during that year.".
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Summary Offences and Sentencing Amendment Bill 2013
Part 3--Amendments to the Sentencing Act 1991
s. 8
8 New section 151 inserted
After section 150 of the Sentencing Act 1991
insert--
"151 Transitional provision--Summary
5 Offences and Sentencing Amendment Act
2013
(1) This Act, as amended by Part 3 of the
Summary Offences and Sentencing
Amendment Act 2013, applies in respect of
10 a relevant offence committed after the
commencement date.
(2) For the purposes of subsection (1), if an
offence is alleged to have been committed
between 2 dates, one before and one after the
15 commencement date, the offence is alleged
to have been committed before that
commencement.
(3) In this section, commencement date means
the date on which all of the provisions of
20 Part 3 of the Summary Offences and
Sentencing Amendment Act 2013 have
come into operation.".
__________________
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Summary Offences and Sentencing Amendment Bill 2013
Part 4--Repeal of Amending Act
s. 9
PART 4--REPEAL OF AMENDING ACT
9 Repeal of amending Act
This Act is repealed on the first anniversary of
the day after the day on which all of its provisions
5 have come into operation.
Note
The repeal of this amending Act does not affect the continuing
operation of the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
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Summary Offences and Sentencing Amendment Bill 2013
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
571141B.I-10/12/2013 29 BILL LA INTRODUCTION 10/12/2013
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