COVID-19 Omnibus (Emergency Measures) (Integrity Entities) Regulations 2020 (Vic)

Version No. 003

COVID-19 Omnibus (Emergency Measures) (Integrity Entities) Regulations 2020

S.R. No. 38/2020

Version incorporating amendments as at

4 November 2020

TABLE OF PROVISIONS

Regulation  Page

Part 1—Preliminary

1Objective

2Authorising provision

3Definitions

3AGeneral

Part 2—Modification of application of provisions of Freedom of Information Act 1982

Division 1—Preliminary

4Meanings given by the Freedom of Information Act 1982 apply

Division 2—Service and production of documents

5Service of documents

6Special requirements for production of documents claimed to be exempt under section 28, 29A, 31 or 31A

Division 3—Attendance

7Notice to produce or attend

8Legal advice and representation

9Act applies equally to attendance in person or by audio or audio visual link

Part 3—Modification of application of provisions of Independent Broad-based Anti‑corruption Commission Act 2011

Division 1—Preliminary

10Meanings given by the Independent Broad-based Anti-corruption Commission Act 2011 apply

Division 2—Service of documents

11Confidentiality notice—service

12Service of witness summons—preliminary inquiries

13Service of witness summons—examinations

14Service of document

Division 3—Attendance

15Power to issue witness summons

16Content and form of witness summons

17Witness summons—examinations

18Content and form of witness summons—examinations

19Legal representation of witnesses and other persons

20Specific provisions relating to witnesses

21Act applies equally to attendance in person or by audio or audio visual link

Part 4—Modification of application of provisions of Local Government Act 1989

Division 1—Preliminary

22Meanings given by the Local Government Act 1989 apply

Division 2—Provision and service of documents

23Powers of the Chief Municipal Inspector

24Service of documents

Division 3—Appearance

25Powers of the Chief Municipal Inspector

26Act applies equally to attendance in person or by audio or audio visual link

Part 4A—Modification of application of provisions of Local Government Act 2020

Division 1—Preliminary

26AMeanings given by the Local Government Act 2020 apply

Division 2—Provision and service of documents

26BPowers of the Chief Municipal Inspector

26CService of documents

Division 3—Appearance

26DPowers of the Chief Municipal Inspector

26EAct applies equally to attendance in person or by audio or audio visual link

Part 5—Modification of application of provisions of Oaths and Affirmations Act 2018

27Oath and affirmation to be said aloud

28Reasonable modifications may be made

Part 6—Modification of application of provisions of Ombudsman Act 1973

Division 1—Preliminary

29Meanings given by the Ombudsman Act 1973 apply

Division 2—Service of documents

30Service of witness summons

Division 3—Attendance

31Witness summons

32Legal advice and representation

33Further provisions relating to appearances

34Act applies equally to attendance in person or by audio or audio visual link

Part 7—Modification of application of provisions of Privacy and Data Protection Act 2014

35Service of documents

Part 7A—Modification of application of provisions of Public Interest Monitor Regulations 2013

35AMeanings given by Public Interest Monitor Act and Regulations apply

35BProvision of documents

35CDocument register to be kept

35DReturn of application documents

Part 8—Modification of application of provisions of Telecommunications (Interception) (State Provisions) Act 1988

36Meanings given by the Telecommunications (Interception) (State Provisions) Act 1988 apply

37Regular inspections of records of Police Force

38Reports—Police Force

39Regular inspections of records of the IBAC

40Reports—IBAC

Part 9—Modification of application of provisions of the Victorian Inspectorate Act 2011

Division 1—Preliminary

41Meanings given by the Victorian Inspectorate Act 2011 apply

Division 2—Service of documents

42Service of documents

Division 3—Attendance

43Specific powers in relation to IBAC and Public Interest Monitors

44Conduct of investigation

45Examinations must be held in private

46Witness summons

47Legal representation of witnesses and other persons

48Specific provisions relating to witnesses

49Act applies equally to attendance in person or by audio visual link or audio link

Division 4—Inspection of records

50Specific powers in relation to the Public Interest Monitors

Part 10—Modification of application of provisions of Crimes (Controlled Operations) Act 2004

51Meanings given by the Crimes (Controlled Operations) Act 2004 apply

52Inspection of records by Victorian Inspectorate

Part 11—Modification of application of provisions of Surveillance Devices Act 1999

53Meanings given by the Surveillance Devices Act 1999 apply

54Inspection of records by Victorian Inspectorate

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Endnotes

1      General information

2      Table of Amendments

3      Amendments Not in Operation

4      Explanatory details

Version No. 003

COVID-19 Omnibus (Emergency Measures) (Integrity Entities) Regulations 2020

S.R. No. 38/2020

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 the following Acts and Regulations to further provide for service, attendance by audio visual link and related matters—

(aa)the Crimes (Controlled Operations) Act 2004; and

(a)the Freedom of Information Act 1982; and

(b)the Independent Broad-based Anti‑corruption Commission Act 2011; and

(c)the Local Government Act 1989; and

(ca)the Local Government Act 2020; and

(d)the Oaths and Affirmations Act 2018; and

(e)the Ombudsman Act 1973; and

(f)the Privacy and Data Protection Act 2014; and

(fa)the Public Interest Monitor Regulations 2013; and

(fb)the Surveillance Devices Act 1999; and

(g)the Telecommunications (Interception) (State Provisions) Act 1988; and

(h)the Victorian Inspectorate Act 2011.

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 a person to receive documents on the person's behalf;

destroy, in relation to a document provided to an agency, or by an agency to a person, by secure electronic means, means—

(a)to permanently delete the electronic communication from—

(i)all information systems on which the agency that received the document held or stored that document; and

(ii)all information systems on which the person who was provided with the document from an agency held or stored that document; and

(b)to destroy any hard copy of the document;

information system has the same meaning as in the Electronic Transactions (Victoria) Act 2000;

Justice Act provision has the same meaning as in Part 2.1 of the COVID-19 Omnibus (Emergency Measures) Act 2020.

3AGeneral

The application of an Act, a provision of an Act, a Regulation or a provision of a Regulation 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 Freedom of Information Act 1982

Division 1—Preliminary

4Meanings given by the Freedom of Information Act 1982 apply

Expressions used in this Part have the same meanings as they have in the Freedom of Information Act 1982.

Division 2—Service and production of documents

5Service of documents

(1)Section 61W of the Freedom of Information Act 1982 applies as if—

(a)in subsection (3) of that section, after "personally" there were inserted "or in accordance with subsection (6)";

(b)in subsection (4) of that section, after "age" there were inserted "or in accordance with subsection (7)".

(2)Section 61W of the Freedom of Information Act 1982, as it applies to the service of a document on a natural person or a body corporate, applies as if after subsection (5) of that section there were inserted—

"(6)For the purposes of subsection (3), a document may be served on a natural person by—

(a)sending by registered post a copy of the document addressed to that person at the person's last known place of residence or business; or

(b)delivering a copy of the document to the person by means of electronic communication that is confirmed as having been received by the person; or

(c)sending by registered post a copy of the document, addressed to the person's authorised legal representative, to the place of business of the person's authorised legal representative; or

(d)leaving a copy of the document for that person—

(i)at the place of business of the person's authorised legal representative; and

(ii)with a person who apparently works there and who is apparently not less than 18 years of age; or

(e)delivering a copy of the document, addressed to the person's authorised legal representative, to the person's authorised legal representative personally; or

(f)delivering a copy of the document to the person's authorised legal representative by means of an electronic communication that is confirmed as having been received by the person's authorised legal representative.

(7)For the purposes of subsection (3), a document may be served on a body corporate by—

(a)leaving a copy of the document at the registered office or principal place of business of the body corporate with a person apparently employed at that office or place and who is apparently at least 18 years of age; or

(b)sending by registered post a copy of the document addressed to that body corporate at the registered office or principal place of business of the body corporate; or

(c)delivering a copy of the document to the body corporate by means of an electronic communication that is confirmed as having been received by the body corporate.

(8)For the purposes of subsection (6), a person may deliver a copy of a document to another person personally by placing a copy of the document on a surface in the presence of another person.

(9)For the purposes of subsections (6)(b) and (f) and (7)(c), the receipt of a document may be confirmed by any form of electronic communication.".

(3)Section 61W of the Freedom of Information Act 1982, as applied by subregulation (1) to the service of documents on a natural person or body corporate, applies to any reference to the service of documents in sections 61TJ, 61TK, 61TM, 61V and 61X of that Act.

6Special requirements for production of documents claimed to be exempt under section 28, 29A, 31 or 31A

Section 63D of the Freedom of Information Act 1982 applies as if, after subsection (3) there were inserted—

"(4)Despite subsections (2) and (3), at the request of the Information Commissioner, the document must be provided to the Information Commissioner for inspection by secure electronic means.

(5)If the Information Commissioner has made a request under subsection (4), after the Information Commissioner has inspected the document, the Information Commissioner must—

(a)destroy the document as soon as practicable after inspecting the document; and

(b)advise the agency in writing that the inspection of the document has been completed and the document has been destroyed.".

Division 3—Attendance

7Notice to produce or attend

Section 61U of the of the Freedom of Information Act 1982 applies as if, after subsection (1) of that section there were inserted—

"(1A)A notice to produce or attend may specify that attendance required under the notice is to be by means of audio visual link or audio link and in a specified manner.

(1B)A notice that provides for attendance as described in subsection (1A)—

(a)need not specify a place for attendance; and

(b)may specify, if any documents are to be produced, that those documents are to be produced by secure electronic means and in a specified manner.".

8Legal advice and representation

Section 61ZF of the Freedom of Information Act 1982 applies as if—

(a)for "A" there were substituted "(1)   A"; and

(b)at the end of that section there were inserted—

"(2)For the purposes of this section, a legal practitioner may represent a person by means of audio visual link or audio link.".

9Act applies equally to attendance in person or by audio or audio visual link

(1)For the avoidance of doubt, except as otherwise provided by this Division, a provision of the Freedom of Information Act 1982 that applies in relation to attendance of a person required under a notice under section 61U of that Act applies in relation to attendance by audio visual link or audio link in the same way that it applies in relation to attendance in person.

(2)For the avoidance of doubt, except as otherwise provided by this Division, a provision of the Freedom of Information Act 1982 that applies in relation to production of documents required under a notice under section 61U of that Act applies in relation to production of documents by secure electronic means in the same way that it applies in relation to production of documents in person.

Part 3—Modification of application of provisions of Independent Broad-based Anti‑corruption Commission Act 2011

Division 1—Preliminary

10Meanings given by the Independent Broad-based Anti-corruption Commission Act 2011 apply

Expressions used in this Part have the same meanings as they have in the Independent Broad-based Anti-corruption Commission Act 2011.

Division 2—Service of documents

11Confidentiality notice—service

Section 42 of the Independent Broad-based Anti-corruption Commission Act 2011 applies as if, in subsection (9) of that section, for "or 125" there were substituted ", 125 or 191(4) or (5)".

12Service of witness summons—preliminary inquiries

Section 59I of the Independent Broad-based Anti-corruption Commission Act 2011 applies as if—

(a)in subsection (3) of that section, after "personally" there were inserted "or in accordance with section 191(4)"; and

(b)in subsection (4) of that section, after "postal address of the body corporate" there were inserted "or in accordance with section 191(5)".

13Service of witness summons—examinations

Section 124 of the Independent Broad-based Anti-corruption Commission Act 2011 applies as if—

(a)in subsection (3) of that section, after "personally" there were inserted "or in accordance with section 191(4)"; and

(b)in subsection (4) of that section, after "postal address of the body corporate" there were inserted "or in accordance with section 191(5)".

14Service of document

(1)Section 191 of the Independent Broad-based Anti-corruption Commission Act 2011 applies as if, in subsection (1) of that section, after "and 125" there were inserted "and subsections (4) and (5)".

(2)Section 191 of the Independent Broad-based Anti-corruption Commission Act 2011 applies as if, after subsection (3) of that section there were inserted—

"(4)For the purposes of sections 42, 59I and 124, a document may be served on a natural person by—

(a)sending by registered post a copy of the document addressed to that person at the person's last known place of residence or business; or

(b)delivering a copy of the document to the person by means of electronic communication that is confirmed as having been received by the person; or

(c)sending by registered post a copy of the document, addressed to the person's authorised legal representative, to the place of business of the person's authorised legal representative; or

(d)leaving a copy of the document for that person—

(i)at the place of business of the person's authorised legal representative; and

(ii)with a person who apparently works there and who is apparently not less than 16 years of age; or

(e)delivering a copy of the document, addressed to the person's authorised legal representative, to the person's authorised legal representative personally; or

(f)delivering a copy of the document to the person's authorised legal representative by means of an electronic communication that is confirmed as having been received by the person's authorised legal representative.

(5)For the purposes of sections 42, 59I and 124, a document may be served on a body corporate by—

(a)leaving a copy of the document at the registered office or principal place of business of the body corporate with a person apparently employed at that office or place and who is apparently at least 16 years of age; or

(b)sending by registered post a copy of the document addressed to that body corporate at the registered office or principal place of business of the body corporate; or

(c)delivering a copy of the document to the body corporate by means of an electronic communication that is confirmed as having been received by the body corporate.

(6)For the purposes of subsection (4), a person may deliver a confidentiality notice or witness summons to another person personally by placing a copy of the document on a surface in the presence of another person.

(7)For the purposes of subsections (4)(b) and (f) and (5)(c), the receipt of a document may be confirmed by any form of electronic communication.".

Division 3—Attendance

15Power to issue witness summons

Section 59E of the Independent Broad-based Anti-corruption Commission Act 2011 applies as if, after subsection (1) of that section there were inserted—

"(1A)A witness summons referred to in subsection (1) may specify that attendance required under the summons is to be by means of audio visual link or audio link and in a specified manner.

(1B)A witness summons referred to in subsection (1) that provides for attendance as described in subsection (1A)—

(a)need not specify a place for attendance; and

(b)may specify, if any documents are to be produced, that those documents are to be produced by secure electronic means and in a specified manner.".

16Content and form of witness summons

Section 59F of the Independent Broad-based Anti-corruption Commission Act 2011 applies as if in subsection (1), for "A" there were substituted "Subject to section 59E(1A) and (1B), a".

17Witness summons—examinations

Section 120 of the Independent Broad-based Anti-corruption Commission Act 2011 applies as if, after subsection (1) of that section there were inserted—

"(1A)A witness summons referred to in subsection (1) may specify that attendance required under the summons is to be by means of audio visual link or audio link and in a specified manner.

(1B)A witness summons referred to in subsection (1) that provides for attendance as described in subsection (1A)—

(a)need not specify a place for attendance; and

(b)may specify, if any documents are to be produced, that those documents are to be produced by secure electronic means and in a specified manner.".

18Content and form of witness summons—examinations

Section 121 of the Independent Broad-based Anti-corruption Commission Act 2011 applies as if in subsection (1) of that section, for "A" there were substituted "Subject to section 120(1A) and (1B), a".

19Legal representation of witnesses and other persons

Section 127 of the Independent Broad-based Anti-corruption Commission Act 2011 applies as if, after subsection (1) of that section there were inserted—

"(1A)For the purposes of this section, the attendance of an Australian legal practitioner at the IBAC for the purposes of representing a witness includes attendance by the practitioner by means of audio visual link or audio link.".

20Specific provisions relating to witnesses

Section 129 of the Independent Broad-based Anti-corruption Commission Act 2011 applies as if, after subsection (4) of that section there were inserted—

"(5)For the purposes of this section, the following persons may be present at an examination, in the capacity specified in this section, by means of audio visual link or audio link—

(a)an interpreter;

(b)a parent or guardian;

(c)an independent person.".

21Act applies equally to attendance in person or by audio or audio visual link

(1)For the avoidance of doubt, except as otherwise provided by this Division, a provision of the Independent Broad-based Anti-corruption Commission Act 2011 that applies in relation to the attendance of a person or any rights of a person or obligations imposed under Part 6 of that Act as a consequence of that attendance—

(a)required under a witness summons; or

(b)as legal representation at an examination; or

(c)in accordance with section 129—

applies in relation to attendance by audio visual link or audio link in the same way that it applies in relation to attendance in person.

(2)For the avoidance of doubt, except as otherwise provided by this Division, a provision of the Independent Broad-based Anti-corruption Commission Act 2011 that applies in relation to the production of documents under a witness summons applies in relation to production of documents by secure electronic means in the same way that it applies in relation to production of documents in person.

Part 4—Modification of application of provisions of Local Government
Act 1989

Division 1—Preliminary

22Meanings given by the Local Government Act 1989 apply

Expressions used in this Part have the same meanings as they have in the Local Government Act 1989.

Division 2—Provision and service of documents

23Powers of the Chief Municipal Inspector

Section 223B of the Local Government Act 1989 applies as if, after subsection (5) of that section there were inserted—

"(5A)If subsection (5) applies to a document, the Chief Municipal Inspector may provide the document by secure electronic means to any person who would be entitled to inspect the document if it were not in the Chief Municipal Inspector's possession.

(5B)A person provided with a document under subsection (5A) must—

(a)destroy the document as soon as practicable after inspecting the document; and

(b)advise the Chief Municipal Inspector in writing that the inspection of the document has been completed and that the document has been destroyed.".

24Service of documents

(1)Section 223BJ of the Local Government Act 1989 applies as if, in subsection (8) of that section, for "section 234" there were substituted "subsection (9)".

(2)Section 223BJ of the Local Government Act 1989 applies as if, after subsection (8) there were inserted—

"(9)For the purposes of this section and section 234BK, a confidentiality notice or a notice cancelling a confidentiality notice may be served on a natural person by—

(a)serving a copy of the document on the person personally; or

(b)sending by registered post a copy of the document addressed to that person at the person's last known place of residence or business; or

(c)delivering a copy of the document to the person by means of electronic communication that is confirmed as having been received by the person; or

(d)sending by registered post a copy of the document, addressed to the person's authorised legal representative, to the place of business of the person's authorised legal representative; or

(e)leaving a copy of the document for that person—

(i)at the place of business of the person's authorised legal representative; and

(ii)with a person apparently employed at that place and who is apparently at least 18 years of age; or

(f)delivering a copy of the document, addressed to the person's authorised legal representative, to the person's authorised legal representative personally; or

(g)delivering a copy of the document to the person's authorised legal representative by means of an electronic communication that is confirmed as having been received by the person's authorised legal representative.

(10)For the purposes of subsection (9), a person may deliver a copy of a document to another person personally by placing a copy of the document on a surface in the presence of another person.

(11)For the purposes of subsection (9)(c) and (g), the receipt of a document may be confirmed by any form of electronic communication.".

(3)Section 223BK of the Local Government Act 1989 applies as if, in subsection (4) of that section, for "section 234" there were substituted "section 223BJ(9)".

Division 3—Appearance

25Powers of the Chief Municipal Inspector

(1)Section 223B of the Local Government Act 1989 applies as if, after subsection (2) of that section there were inserted—

"(2A)A notice under subsection (2) may specify that an appearance required under the notice is to be by means of audio visual link or audio link and in a specified manner.

(2B)A notice under subsection (2) that provides for appearance as described in subsection (2A)—

(a)need not specify a place for the appearance; and

(b)may specify, if any documents are to be produced, that those documents are to be produced by secure electronic means and in a specified manner.".

(2)Section 223B of the Local Government Act 1989 applies as if, after subsection (6) of that section there were inserted—

"(6A)For the purposes of subsection (6), if a person appearing before the Chief Municipal Inspector is represented by another person (the representative), the representative may appear by means of audio visual link or audio link.".

26Act applies equally to attendance in person or by audio or audio visual link

(1)For the avoidance of doubt, except as otherwise provided by this Division, a provision of the Local Government Act 1989 that—

(a)is a Justice Act provision; and

(b)applies in relation to an appearance required under section 223B(2)—

applies in relation to the appearance by audio visual link or audio link in the same way that it applies in relation to an appearance in person.

(2)For the avoidance of doubt, except as otherwise provided by this Division, a provision of the Local Government Act 1989 that—

(a)is a Justice Act provision; and

(b)applies in relation to the production of documents required under section 223B(2)—

applies in relation to production of documents by secure electronic means in the same way that it applies in relation to production of documents in person.

Part 4A—Modification of application of
provisions of Local Government Act 2020

Division 1—Preliminary

26AMeanings given by the Local Government Act 2020 apply

Expressions used in this Part have the same meanings as they have in the Local Government Act 2020.

Division 2—Provision and service of documents

26BPowers of the Chief Municipal Inspector

Section 183 of the Local Government Act 2020 applies as if, after subsection (6) of that section there were inserted—

"(6A)If subsection (6) applies to a document, the Chief Municipal Inspector may provide the document by secure electronic means to any person who would be entitled to inspect the document if it were not in the Chief Municipal Inspector's possession.

(6B)A person provided with a document under subsection (6A) must—

(a)destroy the document as soon as practicable after inspecting the document; and

(b)advise the Chief Municipal Inspector in writing that the inspection of the document has been completed and that the document has been destroyed.".

26CService of documents

(1)Section 193 of the Local Government Act 2020 applies as if, in subsection (8) of that section, for "section 315" there were substituted "subsection (9)".

(2)Section 193 of the Local Government Act 2020 applies as if, after subsection (8) there were inserted—

"(9)For the purposes of this section and section 194, a confidentiality notice or a notice cancelling a confidentiality notice may be served on a natural person by—

(a)serving a copy of the document on the person personally; or

(b)sending by registered post a copy of the document addressed to that person at the person's last known place of residence or business; or

(c)delivering a copy of the document to the person by means of electronic communication that is confirmed as having been received by the person; or

(d)sending by registered post a copy of the document, addressed to the person's authorised legal representative, to the place of business of the person's authorised legal representative; or

(e)leaving a copy of the document for that person—

(i)at the place of business of the person's authorised legal representative; and

(ii)with a person apparently employed at that place and who is apparently at least 18 years of age; or

(f)delivering a copy of the document, addressed to the person's authorised legal representative, to the person's authorised legal representative personally; or

(g)delivering a copy of the document to the person's authorised legal representative by means of an electronic communication that is confirmed as having been received by the person's authorised legal representative.

(10)For the purposes of subsection (9), a person may deliver a copy of a document to another person personally by placing a copy of the document on a surface in the presence of another person.

(11)For the purposes of subsection (9)(c) and (g), the receipt of a document may be confirmed by any form of electronic communication.".

(3)Section 194 of the Local Government Act 2020 applies as if, in subsection (4) of that section, for "section 315" there were substituted "section 193(9)".

Division 3—Appearance

26DPowers of the Chief Municipal Inspector

(1)Section 183 of the Local Government Act 2020 applies as if, after subsection (3) of that section there were inserted—

"(3A)A notice under subsection (3) may specify that an appearance required under the notice is to be by means of audio visual link or audio link and in a specified manner.

(3B)A notice under subsection (3) that provides for appearance as described in subsection (3A)—

(a)need not specify a place for the appearance; and

(b)may specify, if any documents are to be produced, that those documents are to be produced by secure electronic means and in a specified manner.".

(2)Section 183 of the Local Government Act 2020 applies as if, after subsection (7) of that section there were inserted—

"(7A)For the purposes of subsection (7), if a person appearing before the Chief Municipal Inspector is represented by another person (the representative), the representative may appear by means of audio visual link or audio link.".

26EAct applies equally to attendance in person or by audio or audio visual link

(1)For the avoidance of doubt, except as otherwise provided by this Division, a provision of the Local Government Act 2020 that—

(a)is a Justice Act provision; and

(b)applies in relation to an appearance required under section 183(3)—

applies in relation to the appearance by audio visual link or audio link in the same way that it applies in relation to an appearance in person.

(2)For the avoidance of doubt, except as otherwise provided by this Division, a provision of the Local Government Act 2020 that—

(a)is a Justice Act provision; and

(b)applies in relation to the production of documents required under section 183(3)—

applies in relation to production of documents by secure electronic means in the same way that it applies in relation to production of documents in person.

Part 5—Modification of application of provisions of Oaths and Affirmations Act 2018

27Oath and affirmation to be said aloud

Section 9 of the Oaths and Affirmations Act 2018 applies as if, after "administering officer" there were inserted "or, if the person who takes the oath or makes the affirmation does so by means of audio-visual link or audio link, by saying the words of the oath or affirmation aloud while appearing before the administering officer by audio-visual link or audio link".

28Reasonable modifications may be made

Section 15 of the Oaths and Affirmations Act 2018 is modified and applies as if—

(a)for "Without" there were substituted

"(1)   Without"; and

(b)at the end of that section, there were inserted—

"(2)For the avoidance of doubt, the process of taking an oath or making an affirmation referred to in subsection (1) includes taking an oath or making an affirmation by means of audio-visual link or audio link.".

Part 6—Modification of application of provisions of Ombudsman Act 1973

Division 1—Preliminary

29Meanings given by the Ombudsman Act 1973 apply

Expressions used in this Part have the same meanings as they have in the Ombudsman Act 1973.

Division 2—Service of documents

30Service of witness summons

(1)Section 18A of the Ombudsman Act 1973 applies as if, for subsections (2) and (3) of that section there were substituted—

"(2)A witness summons directed to a natural person must be served by—

(a)serving a copy of the summons on the person personally; or

(b)sending by registered post a copy of the summons addressed to that person at the person's last known place of residence or business; or

(c)delivering a copy of the summons to the person by means of electronic communication that is confirmed as having been received by the person; or

(d)sending by registered post a copy of the summons, addressed to the person's authorised legal representative, to the place of business of the person's authorised legal representative; or

(e)leaving a copy of the summons for that person—

(i)at the place of business of the person's authorised legal representative; and

(ii)with a person who apparently works there and who is apparently not less than 18 years of age; or

(f)delivering a copy of the summons, addressed to the person's authorised legal representative, to the person's authorised legal representative personally; or

(g)delivering a copy of the summons to the person's authorised legal representative by means of an electronic communication that is confirmed as having been received by the person's authorised legal representative.

(3)A witness summons directed to a body corporate must be served by—

(a)leaving a copy of the document at the registered office or principal place of business of the body corporate with a person apparently employed at that office or place and who is apparently at least 18 years of age; or

(b)sending by registered post a copy of the document addressed to that body corporate at the registered office or principal place of business of the body corporate; or

(c)delivering a copy of the document to the body corporate by means of an electronic communication that is confirmed as having been received by the body corporate.

(4)For the purposes of subsection (2), a person may deliver a copy of a document to another person personally by placing a copy of the document on a surface in the presence of another person.

(5)For the purposes of subsections (2)(c) and (g) and (3)(c), the receipt of a document may be confirmed by any form of electronic communication.".

(2)Section 18A of the Ombudsman Act 1973, as applied by subregulation (1) to the service of a witness summons on a natural person or body corporate, applies to any reference to the service of documents in sections 26C(8) or 26D(4) of that Act.

Division 3—Attendance

31Witness summons

(1)Section 18 of the Ombudsman Act 1973 applies as if, after subsection (1) of that section there were inserted—

"(1A)A witness summons issued by the Ombudsman may specify that attendance required under the summons is to be by means of audio visual link or audio link and in a specified manner.

(1B)A witness summons issued by the Ombudsman that provides for attendance as described in subsection (1A)—

(a)need not specify a place for attendance; and

(b)may specify, if any documents are to be produced, that those documents are to be produced by secure electronic means and in a specified manner.".

(2)Section 18(4) of the Ombudsman Act 1973 applies as if for "time and place" there were substituted "time and, if applicable, place".

32Legal advice and representation

Section 18M of the Ombudsman Act 1973 applies as if, after subsection (2) of that section there were inserted—

"(2A)For the purposes of this section, if a legal practitioner representing a person in accordance with this section is required to appear before the Ombudsman, that appearance may be made by means of audio visual link or audio link.".

33Further provisions relating to appearances

Section 18P of the Ombudsman Act 1973 applies as if, after subsection (9) of that section there were inserted—

"(9A)For the purposes of subsections (7), (8) and (9), the following persons may be present at an appearance, in the capacity specified in those subsections, by means of audio visual link or audio link—

(a)an interpreter;

(b)a parent or guardian;

(c)an independent person.".

34Act applies equally to attendance in person or by audio or audio visual link

(1)For the avoidance of doubt, except as otherwise provided by this Division, a provision of the Ombudsman Act 1973 that—

(a)is a Justice Act provision; and

(b)applies in relation to attendance of a person—

(i)required under a witness summons; or

(ii)as legal representation at an examination; or

(iii)in accordance with section 18P—

applies in relation to attendance by audio visual link or audio link in the same way that it applies in relation to attendance in person.

(2)For the avoidance of doubt, except as otherwise provided by this Division, a provision of the Ombudsman Act 1973 that—

(a)is a Justice Act provision; and

(b)applies in relation to the production of documents required under a witness summons—

applies in relation to production of documents by secure electronic means in the same way that it applies in relation to production of documents in person.

Part 7—Modification of application of provisions of Privacy and Data Protection Act 2014

35Service of documents

(1)Section 83C of the Privacy and Data Protection Act 2014 applies as if—

(a)in subsection (3) of that section, after "personally" there were inserted "or in accordance with subsection (6)";

(b)in subsection (4) of that section, after "age" there were inserted "or in accordance with subsection (7)".

(2)Section 83C of the Privacy and Data Protection Act 2014, as it applies to the service of a document on a natural person, applies as if, after subsection (5) of that section there were inserted—

"(6)A document that must be served personally on a person may be served on a natural person by—

(a)sending by registered post a copy of the document addressed to that person at the person's last known place of residence or business; or

(b)delivering a copy of the document to the person by means of electronic communication that is confirmed as having been received by the person; or

(c)sending by registered post a copy of the document, addressed to the person's authorised legal representative, to the place of business of the person's authorised legal representative; or

(d)leaving a copy of the document for that person—

(i)at the place of business of the person's authorised legal representative; and

(ii)with a person who apparently works there and who is apparently not less than 18 years of age; or

(e)delivering a copy of the document, addressed to the person's authorised legal representative, to the person's authorised legal representative personally; or

(f)delivering a copy of the document to the person's authorised legal representative by means of an electronic communication that is confirmed as having been received by the person's authorised legal representative.

(7)A document that must be served on a body corporate may be served by—

(a)sending by registered post a copy of the document addressed to that body corporate at the registered office or principal place of business of the body corporate; or

(b)delivering a copy of the document to the body corporate by means of an electronic communication that is confirmed as having been received by the body corporate.

(8)For the purposes of subsection (6), a person may deliver a copy of a document to another person personally by placing a copy of the document on a surface in the presence of another person.

(9)For the purposes of subsections (6)(b) and (f) and (7)(b), the receipt of a document may be confirmed by any form of electronic communication.".

(3)Section 83C of the Privacy and Data Protection Act 2014, as applied by subregulation (2) to the service of documents on a natural person or body corporate, applies to any reference to the service of documents in sections 78, 83B and 83H of that Act.

Part 7A—Modification of application of provisions of Public Interest Monitor Regulations 2013

35AMeanings given by Public Interest Monitor Act and Regulations apply

Expressions used in this Part have the same meanings as they have in the Public Interest Monitor Act 2011 and the Public Interest Monitor Regulations 2013.

35BProvision of documents

Regulation 4 of the Public Interest Monitor Regulations 2013 applies as if, for the definition of secure delivery there were substituted—

"secure delivery means delivery of documents or information—

(a)in a double-sealed envelope by—

(i)  a member of the law enforcement agency that made the application to which the documents relate; or

(ii)a member of Victoria Police personnel; or

(iii)a secure courier; or

(b)by secure attachment to an email; or

(c)by other secure electronic means;".

35CDocument register to be kept

Regulation 24 of the Public Interest Monitor Regulations 2013 applies as if for regulation 24(c) there were substituted—

"(c)the date any hard copy documents are returned to the applicant;

(d)the date by which any documents received by email attachment or other secure electronic means are dealt with under regulation 26(b).".

35DReturn of application documents

Regulation 26 of the Public Interest Monitor Regulations 2013 applies as if for that regulation there were substituted—

"26   Return of application documents

A Public Interest Monitor must, in relation to any relevant application or application for a counter-terrorism intelligence protection order where an application or a supporting affidavit has been provided to the Public Interest Monitor by the relevant law enforcement agency or, in relation to regulations 10A, 12A or 15A, where any document has been so provided—

(a)in the case of documents received in hard copy, return that hard copy as soon as practicable after the application has been determined; or

(b)in the case of documents delivered by email attachment or other secure electronic means—

(i)ensure that no copy of the document is retained; or

(ii)  if it is not practicable to comply with subparagraph (i), destroy the document; or

(iii)  if it is not practicable to comply with subparagraph (i) or (ii), ensure that the document is retained in a secure form.".

Part 8—Modification of application of provisions of Telecommunications (Interception) (State Provisions) Act 1988

36Meanings given by the Telecommunications (Interception) (State Provisions) Act 1988 apply

Expressions used in this Part have the same meanings as they have in the Telecommunications (Interception) (State Provisions) Act 1988.

37Regular inspections of records of Police Force

Section 11 of the Telecommunications (Interception) (State Provisions) Act 1988 applies as if, after subsection (1) there were inserted—

"(1A)Despite subsection (1), for the financial year ending on 30 June 2020, the Victorian Inspectorate may complete its second inspection as soon as practicable after the end of that financial year.

(1B)For the purpose of an inspection under this section, for the financial year ending on 30 June 2021, the Victorian Inspectorate is not required under this section to inspect all records of the Police Force and may determine which records to inspect.".

38Reports—Police Force

Section 12 of the Telecommunications (Interception) (State Provisions) Act 1988 applies as if, after subsection (1) there were inserted—

"(1A)Despite subsection (1), for the financial year ending on 30 June 2020, the Victorian Inspectorate must report to the Police Minister, in writing, about the results of the inspection of records of the Police Force as soon as practicable after the end of that financial year.".

39Regular inspections of records of the IBAC

Section 14 of the Telecommunications (Interception) (State Provisions) Act 1988 applies as if, after subsection (1) there were inserted—

"(1A)Despite subsection (1)(b), for the financial year ending on 30 June 2020, the Victorian Inspectorate may complete its second inspection as soon as practicable after the end of that financial year.

(1B)For the purpose of an inspection under this section, for the financial year ending on 30 June 2021, the Victorian Inspectorate is not required under this section to inspect all records of the IBAC and may determine which records to inspect.".

40Reports—IBAC

Section 15 of the Telecommunications (Interception) (State Provisions) Act 1988 applies as if, after subsection (1) there were inserted—

"(1A)Despite subsection (1), for the financial year ending on 30 June 2020, the Victorian Inspectorate must report to the Minister, in writing, about the results of the inspection of records of the IBAC as soon as practicable after the end of that financial year.".

Part 9—Modification of application of provisions of the Victorian Inspectorate Act 2011

Division 1—Preliminary

41Meanings given by the Victorian Inspectorate Act 2011 apply

Expressions used in this Part have the same meanings as they have in the Victorian Inspectorate Act 2011.

Division 2—Service of documents

42Service of documents

(1)Section 56 of the Victorian Inspectorate Act2011 applies as if—

(a)in subsection (3) of that section, after "personally" there were inserted "or in accordance with subsection (6)";

(b)in subsection (4) of that section, after "age" there were inserted "or in accordance with subsection (7)".

(2)Section 56 of the Victorian Inspectorate Act2011 as it applies to the service of a document on a natural person applies as if after subsection (5) of that section there were inserted—

"(6)A document that must be served personally on a person may be served on a natural person by—

(a)sending by registered post a copy of the document addressed to that person at the person's last known place of residence or business; or

(b)delivering a copy of the document to the person by means of electronic communication that is confirmed as having been received by the person; or

(c)sending by registered post a copy of the document, addressed to the person's authorised legal representative, to the place of business of the person's authorised legal representative; or

(d)leaving a copy of the document for that person—

(i)at the place of business of the person's authorised legal representative; and

(ii)with a person who apparently works there and who is apparently not less than 16 years of age; or

(e)delivering a copy of the document, addressed to the person's authorised legal representative, to the person's authorised legal representative personally; or

(f)delivering a copy of the document to the person's authorised legal representative by means of an electronic communication that is confirmed as having been received by the person's authorised legal representative.

(7)A document that must be served on a body corporate may be served by—

(a)sending by registered post a copy of the document addressed to that body corporate at the registered office or principal place of business of the body corporate; or

(b)delivering a copy of the document to the body corporate by means of an electronic communication that is confirmed as having been received by the body corporate.

(8)For the purposes of subsection (6), a person may deliver a copy of a document to another person personally by placing a copy of the document on a surface in the presence of another person.

(9)For the purposes of subsections (6)(b) and (f) and (7)(b), the receipt of a document may be confirmed by any form of electronic communication.".

(3)Section 56 of the Victorian Inspectorate Act 2011, as applied by subregulation (2) to the service of documents on a natural person or body corporate, applies to any reference to the service of documents in sections 38, 39, 51, 64, 65, 66, 67 and 72 of that Act.

Division 3—Attendance

43Specific powers in relation to IBAC and Public Interest Monitors

Sections 12A(2)(d) and 13(6) of the Victorian Inspectorate Act 2011 apply as if, after section 12A(3) of that Act there were inserted—

"(4)A requirement made under subsection (2)(d) or section 13(6) may specify that the attendance that is required is to be by means of audio visual link or audio link and in a specified manner.

(5)A requirement made under subsection (2)(d) or section 13(6), and that provides for attendance as described in subsection (4)—

(a)need not specify a place for attendance; and

(b)may specify, if any documents are to be produced, that those documents are to be produced by secure electronic means and in a specified manner.".

44Conduct of investigation

Section 47 of the Victorian Inspectorate Act 2011 applies as if, after subsection (9) of that section, there were inserted—

"(10)A requirement under subsection (1)(d), (2)(d), (3)(d), (4)(d), (4A)(d) or (4B)(d) may specify that the attendance that is required is to be by means of audio visual link or audio link and in a specified manner.

(11)A requirement referred to in subsection (10), and that provides for attendance as described in that subsection—

(a)need not specify a place for attendance; and

(b)may specify, if any documents are to be produced, that those documents are to be produced by secure electronic means and in a specified manner.".

45Examinations must be held in private

Section 51 of the Victorian Inspectorate Act 2011 applies as if, after subsection (2) of that section, there were inserted—

"(3)For the purposes of this section—

(a)an examination may be conducted by audio visual link or audio link; and

(b)attending an examination includes attending the examination by audio visual link or audio link.

(4)For the purposes of subsection (1), an examination conducted by means of audio visual link or audio link is taken to be held in private.".

46Witness summons

Section 53 of the Victorian Inspectorate Act 2011 applies as if, after subsection (1) of that section, there were inserted—

"(1A)A witness summons may specify that attendance required under the summons is to be by means of audio visual link or audio link and in a specified manner.

(1B)A witness summons that provides for attendance as described in subsection (1A)—

(a)need not specify a place for attendance; and

(b)may specify, if any documents are to be produced, that those documents are to be produced by secure electronic means and in a specified manner.".

47Legal representation of witnesses and other persons

Section 58 of the Victorian Inspectorate Act 2011 applies as if, after subsection (10) of that section, there were inserted—

"(11)For the purposes of this section, an Australian legal practitioner representing a witness at an examination may do so by audio visual link or audio link.".

48Specific provisions relating to witnesses

Section 59 of the Victorian Inspectorate Act 2011 applies as if, after subsection (4) of that section, there were inserted—

"(5)For the purposes of this section, the following persons may attend or be present at an examination, in the capacity specified in this section, by means of audio visual link or audio link—

(a)an interpreter;

(b)a parent or guardian;

(c)an independent person.".

49Act applies equally to attendance in person or by audio visual link or audio link

(1)For the avoidance of doubt, except as otherwise provided by this Division, a provision of the Victorian Inspectorate Act 2011 that applies in relation to attendance of a person—

(a)required under sections 12A(2)(d) and 13(6); or

(b)required under section 47(1)(d), (2)(d), (3)(d), (4)(d), (4A)(d) or (4B)(d); or

(c)required under a witness summons; or

(d)as legal representation at an examination; or

(e)in accordance with section 59—

applies in relation to attendance by audio visual link or audio link in the same way that it applies in relation to attendance in person.

(2)For the avoidance of doubt, except as otherwise provided by this Division, a provision of the Independent Broad-based Anti-corruption Commission Act 2011 that applies in relation to the production of documents—

(a)required under sections 12A(2)(d) and 13(6); or

(b)required under section 47(1)(d), (2)(d), (3)(d), (4)(d), (4A)(d) or (4B)(d); or

(c)required under a witness summons—

applies in relation to production of documents by secure electronic means in the same way that it applies in relation to production of documents in person.

Division 4—Inspection of records

50Specific powers in relation to the Public Interest Monitors

Section 13 of the Victorian Inspectorate Act 2011 applies as if, after subsection (2) there were inserted—

"(2A)For the purposes of an inspection under this section, for the financial year ending on 30 June 2021, the Victorian Inspectorate is not required under this section to inspect all relevant records of the Public Interest Monitor and may determine which records to inspect.".

Part 10—Modification of application of provisions of Crimes (Controlled Operations) Act 2004

51Meanings given by the Crimes (Controlled Operations) Act 2004 apply

Expressions used in this Part have the same meanings as they have in the Crimes (Controlled Operations) Act 2004.

52Inspection of records by Victorian Inspectorate

Section 42 of the Crimes (Controlled Operations) Act 2004 applies as if after subsection (1) there were inserted—

"(1A)For the purpose of an inspection under this section, for the financial year ending on 30 June 2021, the Victorian Inspectorate is not required under this section to inspect all records of the law enforcement agency and may determine which records to inspect.".

Part 11—Modification of application of provisions of Surveillance Devices Act 1999

53Meanings given by the Surveillance Devices Act 1999 apply

Expressions used in this Part have the same meanings as they have in the Surveillance Devices Act 1999.

54Inspection of records by Victorian Inspectorate

Section 30P of the Surveillance Devices Act 1999 applies as if, after subsection (1) there were inserted—

"(1A)For the purpose of an inspection under this section, for the financial year ending on 30 June 2021, the Victorian Inspectorate is not required under this section to inspect all records of the law enforcement agency and may determine which records to inspect.".

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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) (Integrity Entities) Regulations 2020, S.R. No. 38/2020 were made on 19 May 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 19 May 2020.

The COVID-19 Omnibus (Emergency Measures) (Integrity Entities) Regulations 2020 will sunset 10 years after the day of making on 19 May 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) (Integrity Entities) Regulations 2020 by statutory rules, subordinate instruments and Acts.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

COVID-19 Omnibus (Emergency Measures) (Integrity Entities) Amendment Regulations 2020, S.R. No. 118/2020

Date of Making:	20.10.20
Date of Commencement:	Regs 4, 5 on 24.10.20: reg. 3

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 7–13 on 4.11.20

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

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.