Firearms and Other Acts Amendment Act 2021 (Vic)

Firearms and Other Acts Amendment Act 2021

No. 44 of 2021

table of provisions

Section  Page

Part 1—Preliminary

1Purposes

2Commencement

Part 2—Amendment of Control of Weapons Act 1990

3New section 18 inserted

Part 3—Amendment of Criminal Procedure Act 2009

4Section 387P substituted

Part 4—Amendment of Evidence (Miscellaneous Provisions) Act 1958

5Appearance of adult accused before Magistrates' Court

6New section 42MAA inserted

7Practice directions

Part 5—Amendment of Firearms Act 1996

8Definitions

9New section 3C inserted

10Information which is required for an application for a licence

11Requirement to notify Chief Commissioner of change of nominated person

12Renewal of licences

13Information required for an application by a natural person for a dealers licence

14Information required for an application by a body corporate for a dealers licence

15Renewal of dealers licences

16Requirement to notify Chief Commissioner of persons employed in business or change of nominated person

17Persons to whom a dealer can dispose of firearms

18Hiring and loaning of firearms by licensed firearms dealers

19New section 100B inserted

20New section 101C inserted

21New section 112CA inserted

22Delegation of power to make order

23Approved handgun target shooting clubs—reporting requirements

24Schedule 4—Storage requirements

Part 6—Amendment of Sex Offenders Registration Act 2004

25Definition of strict supervision substituted

26Application for registration exemption order

27Registrable offender to report return to Victoria or decision not to leave

28Where assessment report raises concerns about impact of final prohibition order

29Exclusion conditions where registrable offender is a child

30Section 73H repealed

31Section 73I repealed

32New section 73K inserted

33Schedule 1—Class 1 offences

34Schedule 2—Class 2 offences

35Schedule 5—Specified offences

Part 7—Amendment of Victoria Police Act 2013

36Promotion of protective services officers

37New section 44A inserted

38Promotion and transfer appeals—protective services officers

Part 8—Repeal of this Act

39Repeal of this Act

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Endnotes

1      General information

Firearms and Other Acts Amendment Act 2021

No. 44 of 2021

[Assented to 26 October 2021]

The Parliament of Victoria enacts:

Part 1—Preliminary

1Purposes

The main purposes of this Act are—

(a)to amend the Control of Weapons Act 1990 to exempt protective services officers engaged in official duties from the operation of certain offences under that Act on or after 17 September 1995 and before 22 September 2020 regarding oleoresin capsicum spray; and

(b)to amend the Criminal Procedure Act 2009—

(i)to provide that section 387O is repealed on the 4th anniversary of the commencement of Division 7B of Part 8.2 of Chapter 8; and

(ii)to extend the operation of Division 7B of Part 8.2 of Chapter 8 to provide that it is repealed on the 6th anniversary of its commencement; and

(c)to amend the Evidence (Miscellaneous Provisions) Act 1958 to enable the Magistrates' Court to direct that an accused appear before the Magistrates' Court by audio visual link in limited circumstances in relation to a first remand hearing; and

(d)to amend the Firearms Act 1996—

(i)to enable the Chief Commissioner, following a temporary or permanent declaration under section 3A or 3B, to allow a person who held an existing firearms licence to retain or renew that licence for the purposes of possessing, carrying or using the reclassified firearm under the existing licence; and

(ii)to clarify the form of documents regarding proof of identity to be provided to the Chief Commissioner; and

(iii)in relation to the hire or loan, disposal and storage of firearms; and

(iv)to clarify how firearms and firearms parts are to be sent by post by licensed firearms dealers; and

(v)to provide that it is an offence for a person to whom a firearm prohibition order applies to fail to notify the Chief Commissioner of a change of address; and

(vi)to allow the Chief Commissioner to delegate the power to make a firearm prohibition order to chief superintendents, superintendents and inspectors who have responsibility over certain portfolios; and

(vii)to make minor and technical amendments; and

(e)to amend the Sex Offenders Registration Act 2004—

(i)as a consequence of the enactment of the Combatting Child Sexual Exploitation Legislation Amendment Act 2019 of the Commonwealth and the Crimes Legislation Amendment (Sexual Crimes Against Children and Other Measures) Act 2020 of the Commonwealth; and

(ii)to reduce the timeframe that a registrable offender is required to report their return to Victoria from interstate; and

(f)to amend the Victoria Police Act 2013—

(i)to enable a protective services officer to be promoted to the rank of protective services officer senior in the same position; and

(ii)to validate the promotion of a protective services officer to the rank of a protective services officer senior in the same position on or after 1 April 2020. 

2Commencement

(1)This Act (except Parts 5 and 6) comes into operation on the day after the day on which this Act receives the Royal Assent.  

(2)Subject to subsection (3), Parts 5 and 6 come into operation on a day or days to be proclaimed.

(3)If a provision of Part 5 or 6 does not come into operation before 30 August 2022, it comes into operation on that day.

Part 2—Amendment of Control of Weapons Act 1990

3New section 18 inserted

After section 17 of the Control of Weapons Act 1990 insert—

"18   Validation of the use etc. of oleoresin capsicum spray by protective services officers engaged in official duties on or after 17 September 1995 and before 22 September 2020

(1)If, on or after 17 September 1995 and before 22 September 2020, a protective services officer engaged in official duties—

(a)brought a prohibited weapon into Victoria or caused a prohibited weapon to be brought into or sent into Victoria; or

(b)possessed, used or carried a prohibited weapon—

the protective services officer is taken not to have committed a relevant offence as if an exemption under subsection (2) had been granted, to exempt protective services officers from the operation of the relevant offence in relation to the prohibited weapon, and the exemption was valid and in force at the time of the protective services officer's conduct.

(2)For the purposes of subsection (1), exemption means—

(a)on or after 17 September 1995 and before 17 December 2000—an exemption granted by the Governor in Council under section 5(2) as in force before the commencement of sections 6 and 9 of the Control of Weapons (Amendment) Act 2000; or

(b)on or after 17 December 2000—an exemption granted by the Governor in Council under section 8B.

(3)If, on or after 8 November 2007 and before 22 September 2020, a protective services officer engaged in official duties, possessed, used or carried a prohibited weapon in a licensed premises or in a public place that is in the immediate vicinity of a licensed premises, the protective services officer is taken not to have committed an offence against section 5(1A) as if—

(a)an exemption under section 8B had been granted to exempt protective services officers from the operation of section 5(1A) in relation to the prohibited weapon; and

(b)the exemption was valid and in force at the time of the protective services officer's conduct.

(4)If, on or after 16 May 2012 and before 22 September 2020, a protective services officer engaged in official duties, possessed, used or carried a prohibited weapon, the protective services officer is taken not to have committed an offence against section 5AA as if—

(a)an exemption under section 8B had been granted to exempt protective services officers from the operation of section 5AA in relation to the prohibited weapon; and

(b)the exemption was valid and in force at the time of the protective services officer's conduct.

(5)This section does not apply to a protective services officer who is a prohibited person on or after 17 December 2000 and before 22 September 2020.

(6)In this section—

prohibited weapon means—

(a)on or after 17 September 1995 and before 17 December 2000—a prescribed weapon within the meaning of section 3, as in force before the commencement of section 5(2) of the Control of Weapons (Amendment) Act 2000, that is an article designed or adapted to discharge oleoresin capsicum spray (however described); or

(b)on or after 17 December 2000—an article designed or adapted to discharge oleoresin capsicum spray (however described);

protective services officer means—

(a)on or after 17 September 1995 and before 1 July 2014—a protective services officer appointed under section 118B of the Police Regulation Act 1958; or

(b)on or after 1 July 2014—a protective services officer within the meaning of the Victoria Police Act 2013; 

relevant offence means—

(a)in the case of conduct occurring on or after 17 September 1995 and before 17 December 2000—an offence against section 5(1)(a), (b) or (d) (as the case requires) as in force before the commencement of section 6 of the Control of Weapons (Amendment) Act 2000; or

(b)in the case of conduct occurring on or after 17 December 2000 and before 22 August 2010—an offence against section 5(1)(a), (b) or (e) (as the case requires) as in force before the commencement of section 5 of the Control of Weapons Amendment Act 2010; or

(c)in the case of conduct occurring on or after 22 August 2010 and before 16 May 2012—an offence against section 5(1)(a), (b) or (e) (as the case requires) as in force before the commencement of section 3 of the Control of Weapons and Firearms Acts Amendment Act 2012; or

(d)in the case of conduct occurring on or after 16 May 2012—an offence against section 5(1)(a) or (b) (as the case requires).". 

Part 3—Amendment of Criminal Procedure Act 2009

4Section 387P substituted

For section 387P of the Criminal Procedure Act 2009 substitute—

"387P   Repeal of Division

(1)Section 387O is repealed on the 4th anniversary of the commencement of this Division.

(2)This Division is repealed on the 6th anniversary of its commencement.".

Part 4—Amendment of Evidence (Miscellaneous Provisions) Act 1958

5Appearance of adult accused before Magistrates' Court

For section 42JA(3) of the Evidence (Miscellaneous Provisions) Act 1958 substitute—

"(3)Unless the Magistrates' Court makes a direction under section 42MAA(1), an accused, other than a child, who has been taken into custody and who is required to be brought before a bail justice or the Magistrates' Court within a reasonable time of being taken into custody to be dealt with according to law is, if being brought before the Magistrates' Court, required to be brought physically before the court.".

6New section 42MAA inserted

After section 42M of the Evidence (Miscellaneous Provisions) Act 1958 insert—

"42MAA   Making of direction for audio visual appearance in section 42JA(3) proceedings

(1)The Magistrates' Court may direct that an accused appear before it by audio visual link in a proceeding in which, by virtue of section 42JA(3), physical appearance would otherwise be required if it is satisfied that appearance by audio visual link is consistent with the interests of justice and either—

(a)the accused consents to appear by audio visual link; or

(b)it is satisfied that exceptional circumstances exist.

(2)The Magistrates' Court may make a direction under this section—

(a)on its own motion; or

(b)on an application made by or on behalf of the accused, the prosecution or a police officer at any time up to 2 hours before the time at which the accused is due to appear.

(3)An application under subsection (2)(b) is to be made orally or in writing to the Magistrates' Court.

(4)The exercise of the power conferred on the Magistrates' Court to make a direction under this section is subject to any practice directions.".

7Practice directions

After section 42UA(c) of the Evidence (Miscellaneous Provisions) Act 1958 insert—

"(ca)section 42MAA;".

Part 5—Amendment of Firearms Act 1996

8Definitions

In paragraph (i) of the definition of firearm in section 3(1) of the Firearms Act 1996, for "air to other" substitute "air or other".

9New section 3C inserted

After section 3B of the Firearms Act 1996 insert—

"3C   Chief Commissioner may allow a person to continue to be licensed or renew firearms licence following temporary or permanent declaration 

(1)If, the Chief Commissioner makes a declaration in relation to a firearm in accordance with section 3A or 3B, the Chief Commissioner may, on and after the relevant day, allow a person who, immediately before the relevant day, held a category A, B, C, D or E longarm licence and was in possession of the firearm declared to be of a particular category by the Chief Commissioner to—

(a)continue to be licensed to possess, carry or use the firearm under the person's existing category A, B, C, D or E longarm licence (as the case requires) until the earlier of the following occurs—

(i)the firearm is disposed of;

(ii)the person's licence expires;

(iii)the person's licence is surrendered, suspended or cancelled; or

(b)renew the person's category A, B, C, D or E longarm licence (as the case requires) in accordance with Part 2 for the purposes of continuing to be licensed to possess, carry or use the firearm under that licence until the earlier of the following occurs—

(i)the firearm is disposed of;

(ii)the person's licence expires;

(iii)the person's licence is surrendered, suspended or cancelled.

(2)The Chief Commissioner must notify, in writing, a person referred to in subsection (1) of the Chief Commissioner's decision.

Note

The Electronic Transactions (Victoria) Act 2000 applies to enable the Chief Commissioner to notify a person electronically, including by email, in accordance with that Act.

(3)In this section—

relevant day means the day on which a declaration made by the Chief Commissioner under section 3A or 3B is published in the Government Gazette under section 3A(2) or 3B(3) (as the case requires).".

10Information which is required for an application for a licence

In section 32 of the Firearms Act 1996—

(a)for subsection (1)(a) substitute—

"(a)proof of the identity of the applicant in the form approved by the Chief Commissioner; and";

(b)for subsections (2)(c)(i) and (3)(c)(i) substitute—

"(i)proof of the identity of each person in the form approved by the Chief Commissioner; and".

11Requirement to notify Chief Commissioner of change of nominated person

For section 40(3)(b)(i) of the Firearms Act 1996 substitute—

"(i)proof of the identity of the person in the form approved by the Chief Commissioner; and". 

12Renewal of licences

For section 41(4)(b)(i) of the Firearms Act 1996 substitute—

"(i)proof of the identity of the new persons in the form approved by the Chief Commissioner; and".

13Information required for an application by a natural person for a dealers licence

For section 64(a) of the Firearms Act 1996 substitute—

"(a)proof of the identity of the applicant and any person the applicant proposes to employ in the business in a form approved by the Chief Commissioner; and".

14Information required for an application by a body corporate for a dealers licence

For section 65(c)(i) of the Firearms Act 1996 substitute—

"(i)proof of the identity of each person in a form approved by the Chief Commissioner; and". 

15Renewal of dealers licences

For section 72(4)(a) of the Firearms Act 1996 substitute—

"(a)proof of the identity of the new persons in a form approved by the Chief Commissioner; and".

16Requirement to notify Chief Commissioner of persons employed in business or change of nominated person

For section 75(4)(b)(i) of the Firearms Act 1996 substitute—

"(i)proof of the identity of the person in a form approved by the Chief Commissioner; and".

17Persons to whom a dealer can dispose of firearms

For section 94(1), (2) and (3) of the Firearms Act 1996 substitute—

"(1)A licensed firearms dealer must not dispose of a category A or B longarm unless the firearm is being disposed of to a person who—

(a)produces to the licensed firearms dealer a valid licence to possess, carry or use the firearm that is issued to the person under Part 2; and

(b)is a person listed in subsection (4).

Penalty:60 penalty units or 12 months imprisonment.

(2)A licensed firearms dealer must not dispose of a category C or D longarm or a general category handgun unless the firearm or handgun is being disposed of to a person who—

(a)produces to the licensed firearms dealer a valid licence to possess, carry or use the firearm or the handgun (as the case requires) that is issued to the person under Part 2; and

(b)is a person listed in subsection (4).

Penalty:120 penalty units or 2 years imprisonment.

(3)A licensed firearms dealer must not dispose of a category E longarm, category E handgun or any other firearm (other than a firearm or handgun referred to in subsection (1) or (2)) unless the firearm or handgun is being disposed of to a person who—

(a)produces to the licensed firearms dealer a valid licence to possess, carry or use the firearm or handgun (as the case requires) that is issued to the person under Part 2; and

(b)is a person listed in subsection (4).

Penalty:240 penalty units or 4 years imprisonment.".

18Hiring and loaning of firearms by licensed firearms dealers

At the end of section 100A of the Firearms Act 1996 insert—

"(2)A licensed firearms dealer must not hire or loan a firearm to a person for a period of more than 30 days.

Penalty:120 penalty units or 2 years imprisonment.".

19New section 100B inserted

After section 100A of the Firearms Act 1996 insert—

"100B   Extension of hire or loan of firearms by licensed firearms dealers

(1)On or before the expiry of the period referred to in section 100A(2), a person who hires or loans a firearm from a licensed firearms dealer may make an application to the licensed firearms dealer to extend the period of the hire or loan.

(2)An application under subsection (1) must be made in writing.

(3)A licensed firearms dealer must not extend the period of the hire or loan of a firearm for a period of more than 30 days.

Penalty:120 penalty units or 2 years imprisonment.".  

20New section 101C inserted

After section 101B of the Firearms Act 1996 insert—

"101C   Licensed firearms dealer sending firearms or firearms parts by post to another licensed firearms dealer

If a licensed firearms dealer sends a firearm or firearms parts to another licensed firearms dealer by post within or outside Victoria, the licensed firearms dealer must ensure that any package containing the firearm or firearms parts—

(a)is labelled in a way that does not identify the contents of the package; and

(b)is sent using a postal service or other courier service that—

(i)electronically tracks the movement and delivery of the package; and

(ii)requires the licensed firearms dealer to whom the package is sent to personally receive the package.

Penalty:10 penalty units.".

21New section 112CA inserted

After section 112C of the Firearms Act 1996 insert—

"112CA   Offence to fail to notify Chief Commissioner of change of address

A person to whom a firearm prohibition order applies must notify the Chief Commissioner of any change to the person's residential address within 24 hours of the change occurring.

Penalty:50 penalty units or 12 months imprisonment.".

22Delegation of power to make order

For section 112F(1)(e) of the Firearms Act 1996 substitute—

"(e)a person who has the rank of chief superintendent or superintendent; or

(f)a person who has the rank of inspector who has responsibility over one or more of the following portfolio types—

(i)crime;

(ii)transit and public safety;

(iii)intelligence and covert support;

(iv)licensing and regulation;

(v)family violence;

(vi)counter terrorism;

(vii)tasking and coordination;

(viii)investigation and response;

(ix)local area commanders (police service areas);

(x)operational support.".

23Approved handgun target shooting clubs—reporting requirements

For section 123C(2)(b) of the Firearms Act 1996 substitute—

"(b)in a form and manner approved by the Chief Commissioner.".

24Schedule 4—Storage requirements

(1)For item 1(1) of Schedule 4 to the Firearms Act 1996 substitute—

"(1)The firearm must be stored in a purpose-built steel storage receptacle that—

(a)is of a thickness of at least 1⸱6 mm that complies with Australian/New Zealand Standard 1594:2002 (as amended from time to time); and

(b)if the receptacle weighs less than 150 kilograms when it is empty, must be bolted to the structure of the premises where the firearm is authorised to be kept; and

(c)is locked with a lock of sturdy construction when the firearm is stored in it.".

(2)For item 2(1) of Schedule 4 to the Firearms Act 1996 substitute—

"(1)The firearm must be stored in a purpose-built steel storage receptacle that—

(a)is of a thickness of at least 1⸱6 mm that complies with Australian/New Zealand Standard 1594:2002 (as amended from time to time); and

(b)if the receptacle weighs less than 150 kilograms when it is empty, must be bolted to the structure of the premises where the firearm is authorised to be kept; and

(c)is locked with a lock of sturdy construction when the firearm is stored in it.".

(3)In item 2(2A) of Schedule 4 to the Firearms Act 1996, for "container" (wherever occurring) substitute "receptacle".

(4)In item 2(3) of Schedule 4 to the Firearms Act 1996, for "safe" substitute "receptacle".

Part 6—Amendment of Sex Offenders Registration Act 2004

25Definition of strict supervision substituted

For the definition of strict supervision in section 3(1) of the Sex Offenders Registration Act 2004 substitute—

"strict supervision means supervision by—

(a)the Secretary; or

(b)a person employed within the Department of Justice and Community Safety; or

(c)an authority of a foreign jurisdiction in the nature of an authority referred to in paragraph (a) or (b);".

26Application for registration exemption order

In section 11A(3) and (4)(a) of the Sex Offenders Registration Act 2004 omit "or child pornography".

27Registrable offender to report return to Victoria or decision not to leave

In section 20(2) of the Sex Offenders Registration Act 2004 for "after entering and remaining in Victoria for 7 or more consecutive days" substitute "of entering and remaining in Victoria".  

28Where assessment report raises concerns about impact of final prohibition order

In section 66M(2) of the Sex Offenders Registration Act 2004, for "Health and Human Services" substitute "Justice and Community Safety".

29Exclusion conditions where registrable offender is a child

In section 66R(3) of the Sex Offenders Registration Act 2004, for "Health and Human Services" substitute "Justice and Community Safety".

30Section 73H repealed

Section 73H of the Sex Offenders Registration Act 2004 is repealed.

31Section 73I repealed

Section 73I of the Sex Offenders Registration Act 2004 is repealed.

32New section 73K inserted

After section 73J of the Sex Offenders Registration Act 2004 insert—

"73K   Transitional provision—Firearms and Other Acts Amendment Act 2021—Application for registration exemption order

(1)If—

(a)on or after 21 September 2019 and before the commencement day, a person has been found guilty by a court of an offence against sections 474.22(1), 474.22A(1) or 474.23(1) of the Criminal Code of the Commonwealth; and

(b)the person satisfies the requirements of section 11A(1), (2) and (3)—

the person may, on and after the commencement day, apply for a registration exemption order under section 11A in respect of that offence as if item 28D of Schedule 2 as inserted by section 34(1) of the amending Act and item 5 of Schedule 5 as substituted by section 35(2) of the amending Act had been in operation before the commencement day.

(2)In this section—

amending Act means the Firearms and Other Acts Amendment Act 2021;

commencement day means the day on which Part 6 of the amending Act comes into operation.". 

33Schedule 1—Class 1 offences

(1)In item 8A(vii) of Schedule 1 to the Sex Offenders Registration Act 2004, for "Australia);" substitute "Australia).".

(2)Item 8A(viii) of Schedule 1 to the Sex Offenders Registration Act 2004 is repealed.

34Schedule 2—Class 2 offences

(1)For items 28AA, 28AB, 28AC and 28A of Schedule 2 to the Sex Offenders Registration Act 2004 substitute—

'28A.An offence against section 271.4 (trafficking in children) or section 271.7 (domestic trafficking in children) of the Criminal Code of the Commonwealth in circumstances where the purpose of the exploitation is to provide sexual services within the meaning of that section.

28B.An offence against any of the following sections of the Criminal Code of the Commonwealth—

(i)section 272.15(1) ("grooming" child to engage in sexual activity outside Australia);

(ii)section 272.15A(1) ("grooming" person to make it easier to engage in sexual activity with a child outside Australia);

(iii)section 272.18(1) (benefiting from offence against this Division of the Criminal Code of the Commonwealth);

(iv)section 272.19(1) (encouraging offence against this Division of the Criminal Code of the Commonwealth);

(v)section 272.20(1) and (2) (preparing for or planning offence against this Division of the Criminal Code of the Commonwealth);

(vi)section 273.6(1) (possessing, controlling, producing, distributing or obtaining child abuse material outside Australia) except if the offence only relates to material that depicts, represents or describes a person who is, or appears to be, or is implied to be, a victim of cruelty or physical abuse, where the cruelty or physical abuse is not sexual;

(vii)section 273.7(1) (aggravated offence—offence involving conduct on 3 or more occasions and 2 or more people) except if the offence only relates to material that depicts, represents or describes a person who is, or appears to be, or is implied to be, a victim of cruelty or physical abuse, where the cruelty or physical abuse is not sexual;

(viii)section 273A.1 (possession of child‑like sex dolls etc).

28C.An offence against any of the following sections of the Criminal Code of the Commonwealth—

(i)section 471.22 (aggravated offence—offence involving conduct on 3 or more occasions and 2 or more people) except if the offence only relates to material that depicts, represents or describes a person who is, or appears to be, or is implied to be, a victim of cruelty or physical abuse, where the cruelty or physical abuse is not sexual;

(ii)section 471.24 (using a postal or similar service to procure persons under 16);

(iii)section 471.25 (using a postal or similar service to "groom" persons under 16);

(iv)section 471.25A(1), (2) or (3) (using a postal or similar service to "groom" another person to make it easier to procure persons under 16);

(v)section 471.26 (using a postal or similar service to send indecent material to person under 16).

28D.An offence against any of the following sections of the Criminal Code of the Commonwealth—

(i)section 474.22(1) (using a carriage service for child abuse material);

(ii)section 474.22A(1) (possessing or controlling child abuse material obtained or accessed using a carriage service) except if the offence only relates to material that depicts, represents or describes a person who is, or appears to be, or is implied to be, a victim of cruelty or physical abuse, where the cruelty or physical abuse is not sexual;

(iii)section 474.23(1) (possessing, controlling, producing, supplying or obtaining child abuse material through a carriage service) except if the offence only relates to material that depicts, represents or describes a person who is, or appears to be, or is implied to be, a victim of cruelty or physical abuse, where the cruelty or physical abuse is not sexual;

(iv)section 474.23A(1) (conduct for the purposes of electronic service used for child abuse material);

(v)section 474.24A (aggravated offence—offence involving conduct on 3 or more occasions and 2 or more people) except if the offence only relates to material that depicts, represents or describes a person who is, or appears to be, or is implied to be, a victim of cruelty or physical abuse, where the cruelty or physical abuse is not sexual;

(vi)section 474.25A (using a carriage service for sexual activity with person under 16 years of age);

(vii)section 474.25B (aggravated offence—using a carriage service for sexual activity with person under 16 years of age);

(viii)section 474.26 (using a carriage service to procure persons under 16 years of age);

(ix)section 474.27 (using a carriage service to "groom" persons under 16 years of age);

(x)section 474.27A(1) (using a carriage service to transmit indecent communication to person under 16 years of age);

(xi)section 474.27AA(1), (2) or (3) (using a carriage service to "groom" another person to make it easier to procure persons under 16 years of age).'.

(2)In item 29 of Schedule 2 to the Sex Offenders Registration Act 2004 omit "of child pornography or".

35Schedule 5—Specified offences

(1)Items 3 and 4 of Schedule 5 to the Sex Offenders Registration Act 2004 are repealed.

(2)For item 5 of Schedule 5 to the Sex Offenders Registration Act 2004 substitute—

"5.An offence against any of the following provisions of the Criminal Code of the Commonwealth—

(a)section 272.8(1) (sexual intercourse with child outside Australia);

(b)section 272.9(1) (sexual activity (other than sexual intercourse) with child outside Australia);

(c)section 471.26(1) (using a postal or similar service to send indecent material to person under 16);

(d)section 474.22(1) (using a carriage service for child abuse material) except if the offence only relates to material that depicts, represents or describes a person who is, or appears to be, or is implied to be, a victim of cruelty or physical abuse, where the cruelty or physical abuse is not sexual;

(e)section 474.22A(1) (possessing or controlling child abuse material obtained or accessed using a carriage service) except if the offence only relates to material that depicts, represents or describes a person who is, or appears to be, or is implied to be, a victim of cruelty or physical abuse, where the cruelty or physical abuse is not sexual;

(f)section 474.23(1) (possessing, controlling, producing, supplying or obtaining child abuse material for use through a carriage service) except if the offence only relates to material that depicts, represents or describes a person who is, or appears to be, or is implied to be, a victim of cruelty or physical abuse, where the cruelty or physical abuse is not sexual;

(g)section 474.25A(1) (using a carriage service for sexual activity with a person under 16 years of age);

(h)section 474.27A(1) (using a carriage service to transmit indecent communication to person under 16 years of age).".  

Part 7—Amendment of Victoria Police Act 2013

36Promotion of protective services officers

After section 40(2) of the Victoria Police Act 2013 insert—

"(2A)Subsection (2) does not apply to a promotion of a protective services officer who holds a position to the rank of protective services officer senior in the same position.". 

37New section 44A inserted

At the end of Division 7 of Part 3 of the Victoria Police Act 2013 insert—

"44A   Validation of promotion of protective services officers to rank of protective services officer senior in the same position on or after 1 April 2020

(1)The promotion of a protective services officer to the rank of a protective services officer senior in the same position on or after 1 April 2020 and before the commencement day is as valid as it would have been had the amendments to section 40 made by section 36 of the amending Act been in operation at the time of the promotion.

(2)In this section—

amending Act means the Firearms and Other Acts Amendment Act 2021;

commencement day means the day on which Part 7 of the amending Act came into operation.".

38Promotion and transfer appeals—protective services officers

After section 142(2)(a) of the Victoria Police Act 2013 insert—

"(ab)the promotion of a protective services officer who holds a position to the rank of protective services officer senior in the same position; or".

Part 8—Repeal of this Act

39Repeal of this Act 

This Act is repealed on 30 August 2023.

Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

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Endnotes

1   General information

See for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 9 September 2021

Legislative Council: 7 October 2021

The long title for the Bill for this Act was "A Bill for an Act to amend the Control of Weapons Act 1990, the Criminal Procedure Act 2009, the Evidence (Miscellaneous Provisions) Act 1958, the Firearms Act 1996, the Sex Offenders Registration Act 2004 and the Victoria Police Act 2013 and for other purposes."