COVID-19 Omnibus (Emergency Measures) (Criminal Proceedings and Other Matters) Regulations 2020 (Vic)
Version No. 002
COVID-19 Omnibus (Emergency Measures) (Criminal Proceedings and Other Matters) Regulations 2020
S.R. No. 45/2020
Version incorporating amendments as at
4 November 2020
TABLE OF PROVISIONS
Regulation Page
Part 1—Preliminary
1Objective
2Authorising provision
3Definitions
4General
Part 2—Modification of application of provisions of Bail Act 1977
5Capacity of child to enter into undertaking
6Bail undertakings and sureties
Part 3—Modification of application of provisions of Criminal Procedure Act 2009
7Adjournment without appearance of parties
8Power to extend or abridge time
9Provision of material before first mention
10Discontinuance by audio visual link or filing notice with the registrar
Part 4—Modification of application of provisions of Guardianship and Administration Act 2019
11Extension for Guardianship hearings in the Victorian Civil and Administrative Tribunal
Part 5—Modification of application of provisions of Interpretation of Legislation Act 1984
12Meaning of available for inspection
Part 6—Modification of application of provisions of Juries Act 2000
13Summoning of jurors
14Means of attendance for jury service
15Selection of panels
16Modified arrangements to stand aside a juror in criminal trials
17Modified arrangements to challenge peremptorily a juror in criminal trials
18Directions to move
19Persons not required to be physically present in same room
19AJury service exemption directions
Part 7—Modification of application of provisions of Limitation of Actions Act 1958 and Wrongs Act 1958
20Extension of civil limitation periods—Limitation of Actions Act 1958
21Limitation period—Wrongs Act 1958
Part 8—Modification of application of provisions of Major Crime (Investigative Powers) Act 2004
22Temporary measure relating to personal service of witness summons
Part 9—Modification of application of Acts relating to Victorian courts and tribunals
Division 1—Modification of application of provisions of Magistrates' Court Act 1989
23Temporary measures relating to witness summons
24Award
25Temporary measures relating to the conduct of civil proceedings
Division 2—Modification of application of provisions of Victorian Civil and Administrative Tribunal Act 1998
25ATemporary measures relating to notice of hearing
26Temporary measures to provide for the conduct of hearings
27Temporary measures relating to witness summons
28Evidence—Allowing affidavits in proceedings
29Commencement of VCAT proceedings under the Disability Act 2006
30Commencement of VCAT hearing a proceeding under the Residential Tenancies Act 1997
Division 3—Modification of application of provisions of the Crimes Act 1958
31Court order for forensic procedure
32Court order for forensic procedure for a child
33Compulsory attendance at hearings once interim order made
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Endnotes
1 General information
2 Table of Amendments
3 Amendments Not in Operation
4 Explanatory details
Version No. 002
COVID-19 Omnibus (Emergency Measures) (Criminal Proceedings and Other Matters) Regulations 2020
S.R. No. 45/2020
Version incorporating amendments as at
4 November 2020
Part 1—Preliminary
1Objective
The objective of these Regulations is to modify the application of various provisions of various Justice Acts—
(a)to modify the witnessing, execution or signing of legal documents such as affidavits and undertakings under the Bail Act 1977; and
(b)to modify the conduct of proceedings under the Criminal Procedure Act 2009; and
(c)to modify the physical inspection of document requirements under section 32 of the Interpretation of Legislation Act 1984; and
(d)to modify the conduct of, or arrangements for, proceedings and requirements for the service of documents under the Juries Act 2000; and
(e)to extend the limitation periods for civil actions under the Limitation of Actions Act 1958 and the Wrongs Act 1958; and
(f)to modify the operation of section 17(1) of the Major Crime (Investigative Powers) Act 2004 regarding the personal service of witness summons; and
(g)to modify or suspend certain statutory time frames under the Magistrates' Court Act 1989; and
(h)to modify the conduct of proceedings under the Magistrates' Court Act 1989; and
(i)to modify the conduct of proceedings and evidentiary requirements under the Victorian Civil and Administrative Tribunal Act 1998; and
(j)to modify the time frames that apply under the Victorian Civil and Administrative Tribunal Act 1998 for the VCAT to hear certain applications under the Disability Act 2006, the Guardianship and Administration Act 2019 and Part 12A of the Residential Tenancies Act 1997.
2Authorising provision
These Regulations are made under section 4 of the COVID-19 Omnibus (Emergency Measures) Act 2020.
3Definitions
In these Regulations—
audio link has the same meaning as in Part IIA of the Evidence (Miscellaneous Provisions Act) 1958;
audio visual link has the same meaning as in Part IIA of the Evidence (Miscellaneous Provisions) Act 1958;
authorised legal representative of a person means an Australian legal practitioner who has been instructed by the person to receive documents on the person's behalf;
destroy in relation to a document provided to an agency under these Regulations by secure electronic means, means—
(a)permanently delete the electronic document from all information systems on which the agency receiving the document held or stored that document; and
(b)destroy any hard copy of the document.
4General
The application of an Act or a provision of an Act referred to in a Part of these Regulations is modified as set out in the applicable Part or regulation.
Part 2—Modification of application of provisions of Bail Act 1977
5Capacity of child to enter into undertaking
The Bail Act 1977 applies as if after section 16B there were inserted—
"16C Alternative methods of entering into undertaking for a child
Sections 17A and 17B apply, with any necessary modifications, to the entering into of an undertaking under section 16B.".
6Bail undertakings and sureties
The Bail Act 1977 applies as if in Part 2 after section 17 there were inserted—
"17A Electronic signature of undertaking by accused
(1)Without limiting how an accused may enter into a written undertaking under section 5(1), the requirements for an accused to enter into a written undertaking are satisfied if—
(a)the bail decision maker, or another authorised person, sends a copy of the undertaking and a copy of the section 17 notice to the accused by electronic communication; and
(b)the accused, by return electronic communication to the bail decision maker or authorised person—
(i)confirms that the accused has received a copy of the section 17 notice and understands the nature and extent of the conditions of the accused's bail and the consequences of failure to comply with them; and
(ii)signs the undertaking by electronic signature; and
(c)on receipt of the electronic communication from the accused, the bail decision maker or authorised person—
(i)makes a note on the undertaking that the undertaking has been entered into by the accused by electronic signature; and
(ii)makes a note on the undertaking stating the bail decision maker's or authorised person's name and position; and
(iii)attaches a copy of the electronic communication from the accused to the annotated undertaking.
(2)Subject to subsection (3), if an undertaking is entered into in accordance with subsection (1), the annotated undertaking with attached electronic communication from the accused constitutes the undertaking.
(3)If an undertaking entered into in accordance with subsection (1) has a surety or sureties, the undertaking is constituted by—
(a)if the surety signs the annotated undertaking, the annotated undertaking with attached electronic communication from the accused; or
(b)if the surety signs the undertaking by electronic signature, the annotated undertaking with attached electronic communication from the accused and the documents required by section 17C(1)(c).
(4)If an undertaking is entered into in accordance with this section, the bail decision maker or authorised person without delay must cause a copy of the undertaking and the section 17 notice to be sent to the accused by electronic communication or post.
(5)In this section—
authorised person means a person authorised by section 27 or 34B to admit an accused person to bail;
electronic signature includes, but is not limited to—
(a)a person confirming their agreement by electronically selecting an option indicating affirmation; or
(b)a person providing a scanned or photographed copy of a document signed by hand;
section 17 notice means the written notice of conditions of bail required by section 17.
17BUndertaking by accused by audio or audio visual means
(1)Without limiting how an accused may enter into a written undertaking under section 5(1), the requirements for an accused to enter into a written undertaking are satisfied if an undertaking is made in accordance with this section.
(2)If the court granting bail considers that it is impracticable for the accused to enter into the written undertaking in person or by electronic communication, the court may direct that the undertaking be entered into in court by audio link or audio visual link.
(3)If the court gives a direction under subsection (2), the undertaking is entered into by—
(a)the accused appearing before the court by audio link or audio visual link; and
(b)the court providing a clear oral explanation of the nature and extent of the conditions of the accused's bail and the consequences of failure to comply with them; and
(c)the accused providing oral confirmation that the accused understands the matters in paragraph (b) and agrees to the undertaking; and
(d)the court being satisfied the accused understands the matters in paragraph (b) and noting the accused's oral agreement to the undertaking on the record of order granting bail; and
(e)the person constituting the court or a court official making a note on the written undertaking that the undertaking has been entered into by audio link or audio visual link; and
(f)the person making the note referred to in paragraph (e) making a note on the undertaking stating the person's name and position.
(4)Subject to subsection (5), if the undertaking is entered into in accordance with subsection (3), the annotated undertaking constitutes the undertaking.
(5)If an undertaking entered into in accordance with subsection (3) has a surety or sureties, the undertaking is constituted by—
(a)if the surety signs the annotated undertaking, the annotated undertaking; or
(b)if the surety signs the undertaking by electronic signature, the annotated undertaking and the documents required by section 17C(1)(c).
(6)If an undertaking is entered into in accordance with this section, the court without delay must cause a copy of the undertaking and a copy of the section 17 notice to be sent to the accused by electronic communication or post.
(7)In this section—
audio link has the same meaning as in Part IIA of the Evidence (Miscellaneous Provisions) Act 1958;
audio visual link has the same meaning as in Part IIA of the Evidence (Miscellaneous Provisions) Act 1958;
court official—see section 27(2);
electronic signature—see section 17A(5);
section 17 notice—see section 17A(5).
17CElectronic signature of undertaking by surety
(1)Without limiting how a surety may sign an undertaking of bail under section 9(3)(c), the requirements for a surety to sign an undertaking are satisfied if—
(a)the bail decision maker or another authorised person sends a copy of the undertaking signed by the accused and a copy of the section 17 notice to the surety by electronic communication; and
(b)the surety by return electronic communication to the bail decision maker or authorised person—
(i)confirms that the surety has received a copy of the section 17 notice and understands the nature and extent of the obligations of the accused under the conditions of the accused's bail and the consequences of the accused's failure to comply with them; and
(ii)signs the undertaking by electronic signature; and
(c)on receipt of the electronic communication from the surety, the bail decision maker or authorised person—
(i)makes a note on the written undertaking that the undertaking has been entered into by the surety by electronic signature; and
(ii)attaches a copy of the electronic communication from the surety to the annotated written undertaking.
(2)To avoid doubt, a reference in subsection (1)(a) to the undertaking signed by the accused includes a reference to the undertaking signed by the accused in accordance with section 17A or 17B.
(3)If an undertaking is signed by a surety in accordance with subsection (1), the bail decision maker or authorised person without delay must cause a copy of the undertaking and a copy of the section 17 notice to be sent to the surety by electronic communication or post.
(4)In this section—
authorised person—see section 17A(5);
electronic signature—see section 17A(5);
section 17 notice—see section 17A(5).
17DElectronic signature of affidavit of justification for bail by surety
(1)Without limiting how a surety may make an affidavit of justification for bail under section 9, the requirements for making an affidavit of justification for bail are satisfied if the surety in accordance with subsection (2)—
(a)makes the affidavit by audio link or audio visual link before the bail decision maker or another authorised person; and
(b)signs the affidavit by electronic signature.
(2)A surety may make and sign the affidavit of justification for bail by—
(a)the bail decision maker or authorised person sending the affidavit to the surety by electronic communication; and
(b)the surety appearing by audio link or audio visual link before the bail decision maker or authorised person and stating that the surety—
(i)confirms that the particulars of the affidavit are true and correct; and
(ii)agrees to sign the affidavit by electronic signature; and
(c)the surety by return electronic communication to the bail decision maker or authorised person, signing the affidavit by electronic signature and confirming the matters referred to in paragraph (b)(i); and
(d)on receipt of the electronic communication from the surety, the bail decision maker or authorised person—
(i)stating in the jurat of the affidavit that the surety confirmed that the particulars of the affidavit are true and correct by audio link or audio visual link and that the affidavit was signed by the surety by electronic signature; and
(ii)attaching a copy of the electronic communication to that written affidavit; and
(iii)signing the affidavit as a witness to the surety's electronic signature.
(3)If an affidavit of justification is made in accordance with subsection (2), the complete affidavit is constituted by the written affidavit with attached electronic communication from the surety.
(4)If an affidavit is made in accordance with this section, the bail decision maker or authorised person without delay must cause a copy of the affidavit to be sent to the surety by electronic communication or post.
(5)In this section—
audio link—see section 17B(7);
audio visual link—see section 17B(7);
authorised person—see section 17A(5);
electronic signature—see section 17A(5).".
Part 3—Modification of application of provisions of Criminal Procedure Act 2009
7Adjournment without appearance of parties
Section 121(1) of the Criminal Procedure Act 2009 applies as if a reference in paragraph (a) to 14 days were a reference to 28 days.
8Power to extend or abridge time
Section 247(2) of the Criminal Procedure Act 2009 applies as if a reference to 3 months were a reference to 6 months.
9Provision of material before first mention
Section 53A(2) of the Criminal Procedure Act 2009 applies as if the informant were required to serve the documents listed in paragraphs (a) and (b) or paragraph (c) of section 53A(2) (as the case requires) on the accused or the legal practitioner representing the accused no less than 7 days before the date listed for the first mention hearing.
10Discontinuance by audio visual link or filing notice with the registrar
(1)Section 177(1) of the Criminal Procedure Act 2009 applies as if for paragraph (b) there were substituted—
"(b)filing written notice of the discontinuance, signed by the DPP, with a registrar of the court in which the accused was committed for trial or in which a direct indictment was filed against the accused.".
(2)Section 177 of the Criminal Procedure Act 2009 applies as if for subsection (4) there were substituted—
"(4)If a discontinuance of prosecution is announced in court, including by audio link or audio visual link, written notice of the discontinuance, signed by the DPP, must be filed with a registrar of the court in which the accused was committed for trial or in which a direct indictment was filed against the accused, as soon as practicable after the announcement.".
(3)Section 177 of the Criminal Procedure Act 2009 applies as if—
(a)a reference in subsection (1)(a) to "in court" included a reference to the DPP appearing by audio link or audio visual link; and
(b)a reference in subsection (5) to notice being filed in court were a reference to notice being filed with a registrar of the court in which the accused was committed for trial or in which a direct indictment was filed against the accused, as soon as practicable after the announcement.
Part 4—Modification of application of provisions of Guardianship and Administration Act 2019
11Extension for Guardianship hearings in the Victorian Civil and Administrative Tribunal
Sections 28, 85, 104 and 144 of the Guardianship and Administration Act 2019 apply as if—
(a)a reference in those sections to 30 days were a reference to 45 business days or the next available hearing date after 45 business days; and
(b)a business day were a day other than—
(i)a Saturday or Sunday; or
(ii)a public holiday or public half holiday in the place where the relevant application is received.
Part 5—Modification of application of provisions of Interpretation of Legislation Act 1984
12Meaning of available for inspection
Section 32(3)(b) and (4)(c) of the Interpretation of Legislation Act 1984 applies as if, after section 32(4) there were inserted—
"(4A)For the purposes of subsections (3)(b) and (4)(c), the requirement that a document be kept available for inspection during normal office hours is satisfied if the document is made available on a government website that is accessible to the general public without charge.".
Part 6—Modification of application of provisions of Juries Act 2000
13Summoning of jurors
(1)Section 27(2)(b) of the Juries Act 2000 applies as if a reference to attending for jury service includes a reference to attending for jury service by audio link, audio visual link or other specified electronic means as set out in the summons.
(2)A reference in section 27(2)(c) of the Juries Act 2000 to serving a summons is to be read as including serving the summons by means of electronic communication if the person consents to receiving the summons by electronic communication.
14Means of attendance for jury service
In section 29(1) of the Juries Act 2000, attend is to be read as including attendance by audio link, audio visual link or other specified electronic means as set out in the summons or in accordance with a direction given by the Juries Commissioner or a pool supervisor.
15Selection of panels
Section 30(2) of the Juries Act 2000 applies as if, after that subsection, there were inserted—
"(2A)To avoid doubt, for the purposes of subsection (2), a pool is not required to be physically present.".
16Modified arrangements to stand aside a juror in criminal trials
(1)Section 38 of the Juries Act 2000 applies as if subsection (2) of that section were omitted.
(2)Section 38 of the Juries Act 2000 applies as if, after subsection (3), there were inserted—
"(4)The requirement to stand aside under subsection (1) must be made during the period of time that the potential juror is directed to move in accordance with section 39A.
(3)Section 38(3) of the Juries Act 2000 applies as if paragraph (b) of that subsection were omitted.
17Modified arrangements to challenge peremptorily a juror in criminal trials
(1)Section 39 of the Juries Act 2000 applies as if subsection (2) of that section were omitted.
(2)Section 39 of the Juries Act 2000 applies as if, after subsection (3), there were inserted—
"(3A)In a criminal trial, each peremptory challenge under subsection (1) must be made during the period of time that the potential juror is directed to move in accordance with section 39A.".
18Directions to move
The Juries Act 2000 applies as if, after section 39 of that Act, there were inserted—
"39A Trial judge may direct potential juror to move
(1)A trial judge may direct a potential juror to move in a particular direction to distinguish the potential juror from other potential jurors—
(a)to enable the Crown to consider whether to require the potential juror to stand aside in accordance with section 38(1); and
(b)to enable each person arraigned adequate time and reasonable opportunity to view the face of the potential juror to consider whether to challenge peremptorily the potential juror in accordance with section 39(1).
Example
Standing and then being seated again or moving towards a particular place in the room.
(2)Only one direction to move may be given to a potential juror for the purposes of sections 38 and 39.".
19Persons not required to be physically present in same room
The Juries Act 2000 applies as if, after section 41 of that Act, there were inserted—
"41A Persons not required to be physically present together
Nothing in sections 31 to 41 requires all persons involved in any process or procedure under those sections to be physically present together in the same room or place.".
19AJury service exemption directions
The Juries Act 2000 applies as if, after Part 2 of that Act, there were inserted—
"Part 2A—Temporary measures in response to COVID-19 pandemic
17APurpose of Part
The purpose of this Part is to change the operation of this Act in response to the COVID-19 pandemic.
17BDefinitions for this Part
In this Part—
head of jurisdiction means—
(a)in the case of the Supreme Court, the Chief Justice; or
(b)in the case of the County Court, the Chief Judge;
COVID-19 activity restriction means a direction made by an authorised officer under Part 10 of the Public Health and Wellbeing Act2008 in respect of the COVID-19 pandemic that restricts the activities or movements of a person or a class of person;
jury service exemption direction means a direction made under section 17C.
17CHead of jurisdiction may make jury service exemption direction
(1)A head of jurisdiction, in respect of persons eligible for jury service in any proceeding in that head's jurisdiction may, by direction, do either or both of the following—
(a)defer the jury service of a class of persons to whom a COVID-19 activity restriction applies;
(b)excuse from jury service a class of persons to whom a COVID-19 activity restriction applies.
(2)A jury service exemption direction must be published on the website of the court of the head of jurisdiction who made the direction.
(3)A head of jurisdiction must consult with the other head of jurisdiction before making a jury service exemption direction.
(4)Before making a jury service exemption direction, a head of jurisdiction must be satisfied that the direction—
(a)is consistent with any COVID-19 activity restriction or any other directions made by an authorised officer under Part 10 of the Public Health and Wellbeing Act 2008 in relation to the COVID-19 pandemic; and
(b)is reasonable, in managing or responding to the COVID-19 pandemic—
(i)to protect the health, safety or welfare of persons in relation to the administration of justice or law; or
(ii)for the effective or efficient administration of justice or law.
(5)In making a jury service exemption direction, a head of jurisdiction may have regard to expert advice regarding public health issues associated with jury trials during the COVID-19 pandemic.
17DContents of jury service exemption directions
A jury service exemption direction must specify—
(a)the class of person excused from jury service, or whose jury service is deferred, by the direction; and
(b)the date on which the jury service exemption direction takes effect; and
(c)the period for which the jury service is deferred or excused.
17EJuries Commissioner to be provided with jury service exemption direction
If a head of jurisdiction makes a jury service exemption direction, the head of jurisdiction must cause a copy of the direction to be provided to the Juries Commissioner.
17FEffect of jury service exemption direction
(1)The jury service of a person who is a member of a class of person to whom a jury service exemption direction applies is deferred or excused (as the case requires) in accordance with the terms of the direction applying to that class of person.
(2)A jury service exemption direction does not apply to a person who is already serving as an empanelled juror.
Part 7—Modification of application of provisions of Limitation of Actions Act 1958 and Wrongs Act 1958
20Extension of civil limitation periods—Limitation of Actions Act 1958
The Limitation of Actions Act 1958 applies as if, after section 4 of that Act, there were inserted—
"4A Calculation of certain limitation periods—Covid 19
(1)This section applies to a limitation period (however described) in sections 5, 6, 8, 15, 19, 20, 20A, 21, 22, 27D, 27E, 27I and 27Q.
(2)For the purposes of calculating a limitation period to which this section applies, the period commencing 16 March 2020 and ending 31 July 2020 (inclusive) is not to be included in the calculation of the applicable limitation period.
(3)In this section, limitation period means—
(a)in relation to section 5—
(i)in subsections (1), (2) and (7), six years;
(ii)in subsection (1AAA), 1 year;
(iii)in subsections (1AA) and (1A), 3 years;
(iv)in subsections (3) and (4), fifteen years;
(v)in subsection (5), two years;
(b)in relation to section 6, 19, 20(5) or 21, six years;
(c)in relation to section 8, 15, 20 (other than subsection(5)) or 22, fifteen years;
(d)in relation to section 20A, 12 months;
(e)in relation to section 27D, 3 years or 12 years, as the case requires;
(f)in relation to section 27E, 6 years or 12 years, as the case requires;
(g)in relation to section 27I, 12 years;
(h)in relation to section 27Q, 3 years.".
21Limitation period—Wrongs Act 1958
Section 20 of the Wrongs Act 1958 applies as if, after subsection (7), there were inserted—
"(8)For the purposes of calculating the six year limitation period (however described) in this section, the period commencing 16 March 2020 and ending 31 July 2020 (inclusive) is not to be included in the calculation of the applicable limitation period.".
Part 8—Modification of application of provisions of Major Crime (Investigative Powers) Act 2004
22Temporary measure relating to personal service of witness summons
Section 17 of the Major Crime (Investigative Powers) Act 2004 applies as if after subsection (3) there were inserted—
"(4)For the purposes of subsection (1) the requirement to deliver a copy of a witness summons to a person personally may be satisfied by putting a copy of the summons down in the presence of that person and telling that person the nature of the summons.".
Part 9—Modification of application of Acts relating to Victorian courts and tribunals
Division 1—Modification of application of provisions of Magistrates' Court Act 1989
23Temporary measures relating to witness summons
Section 45 of the Magistrates' Court Act 1989 applies as if, at the end of that section, there were inserted—
"(2)A witness is not required to attend court on the date and time specified in a witness summons under paragraph (a), if the criminal proceeding is adjourned prior to the date and time specified in that summons.".
24Award
Section 104(4) of the Magistrates' Court Act 1989 applies as if a reference in that subsection to 28 days were a reference to 60 days.
25Temporary measures relating to the conduct of civil proceedings
Section 125 of the Magistrates' Court Act 1989 applies as if, at the end of that section, there were inserted—
"(3)The Court may decide any issue in a civil proceeding, or determine a civil proceeding, entirely on the basis of written submissions and without the appearance of the parties—
(a)if the Court is satisfied that it is in the interests of justice to do so; and
(b)whether or not the parties consent to the Court doing so.
(4)In determining whether it is in the interests of justice to decide an issue or determine a proceeding entirely on the basis of written submissions and without the appearance of the parties, the Court must have regard to—
(a)the nature of the issue or proceeding; and
(b)the right to a fair hearing; and
(c)whether the parties have had the opportunity to obtain legal advice; and
(d)whether the parties consent to the Court doing so.".
Division 2—Modification of application of provisions of Victorian Civil and Administrative Tribunal Act 1998
25ATemporary measures relating to notice of hearing
Section 99 of the Victorian Civil and Administrative Tribunal Act 1998 applies as if after section 99(2) of that Act there were inserted—
"(3)In this section, a reference to 'place for the hearing of a proceeding' includes a hearing to be held by audio link or audio visual link.".
26Temporary measures to provide for the conduct of hearings
The Victorian Civil and Administrative Tribunal Act 1998 applies as if for section 100(2) of that Act there were substituted—
"(2)The Tribunal may conduct all or part of a proceeding entirely on the basis of documents, without the appearance of the parties or their representatives or witnesses, unless a party objects to the proceeding being conducted in this manner.
(3)If a party objects to the conduct of all or part of a proceeding entirely on the basis of documents, without the appearance of the parties or their representatives or witnesses, the Tribunal may proceed, despite that objection, entirely on the basis of documents, without the appearance of the parties or their representatives or witnesses, if the Tribunal is satisfied that the party's objection is not reasonable.".
27Temporary measures relating to witness summons
Section 104 of the Victorian Civil and Administrative Tribunal Act 1998 applies as if after subsection (3) there were inserted—
"(3A)A person who receives a summons to produce documents may produce the documents by filing them with the Tribunal by electronic communication or by post.
(3B)A person who receives a summons to physically attend the Tribunal under subsection (1) may instead appear before the Tribunal by audio link or audio visual link.".
28Evidence—Allowing affidavits in proceedings
Section 102 of the Victorian Civil and Administrative Tribunal Act 1998 applies as if after subsection (4) there were inserted—
"(5)For the purposes of this Act, section 49F of the Oaths and Affirmations Act 2018 applies as if a reference in that section to a court were a reference to the Tribunal.".
29Commencement of VCAT proceedings under the Disability Act 2006
Clause 11AE of Schedule 1 to the Victorian Civil and Administrative Tribunal Act 1998 applies as if—
(a)a reference in paragraph (a) to 5 business days were a reference to 10 business days; and
(b)a reference in paragraph (b) to 30 days were a reference to 45 business days.
30Commencement of VCAT hearing a proceeding under the Residential Tenancies Act 1997
Clause 77D of Schedule 1 to the Victorian Civil and Administrative Tribunal Act 1998 applies as if a reference to 30 days were a reference to 45 business days.
Division 3—Modification of application of provisions of the Crimes Act 1958
31Court order for forensic procedure
Section 464T(4) of the Crimes Act 1958 applies as if, after "present" there were inserted "in court or appearing by audio visual link".
32Court order for forensic procedure for a child
Section 464U(11) of the Crimes Act 1958 applies as if after "present" there were inserted "in court or appearing by audio visual link".
33Compulsory attendance at hearings once interim order made
Section 464V(6) of the Crimes Act 1958 applies as if for paragraphs (c) and (d) of that subsection there were substituted—
"(c)the further hearing may be conducted by audio visual link; and
(d)the person on whom the compulsory procedure is conducted must attend the further hearing and may do so by audio visual link.".
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Endnotes
1 General information
See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The COVID-19 Omnibus (Emergency Measures) (Criminal Proceedings and Other Matters) Regulations 2020, S.R. No. 45/2020 were made on 2 June 2020 by the Governor in Council, on the recommendation of the Attorney-General, under section 4 of the COVID-19 Omnibus (Emergency Measures) Act 2020, No. 11/2020 and came into operation on 2 June 2020.
The COVID-19 Omnibus (Emergency Measures) (Criminal Proceedings and Other Matters) Regulations 2020 will sunset 10 years after the day of making on 2 June 2030 (see section 5 of the Subordinate Legislation Act 1994).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the COVID-19 Omnibus (Emergency Measures) (Criminal Proceedings and Other Matters) Regulations 2020 by statutory rules, subordinate instruments and Acts.
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COVID-19 Omnibus (Emergency Measures) (Criminal Proceedings and Other Matters) and (Integrity Entities) Amendment Regulations 2020, S.R. No. 120/2020
Date of Making: 4.11.20 Date of Commencement: Regs 3–6 on 4.11.20
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3 Amendments Not in Operation
This version does not contain amendments that are not yet in operation.
4 Explanatory details
No entries at date of publication.
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