Justice Legislation Amendment (Miscellaneous) Act 2025 (Vic)
Justice Legislation Amendment (Miscellaneous) Act 2025
No. 20 of 2025
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary
1Purposes
2Commencement
Part 2—Amendment of Crimes Act 1958
3Section 180 substituted
4New section 640 inserted
Part 3—Amendment of Criminal Procedure Act 2009 and Sentencing Act 1991
Division 1—Amendment of Criminal Procedure Act 2009
5Commencement of a criminal proceeding in the Magistrates' Court
6Court may issue summons or warrant to arrest
7Police or public official may issue summons
8Notice to appear lapses unless charge-sheet filed within 14 days
9Case direction notice
10Documents to be forwarded to DPP
11How appeal is commenced
12How appeal is commenced
Division 2—Amendment of Sentencing Act 1991
13Application for variation or cancellation of order
Part 4—Amendment of Worker Screening Act 2020
14Application for NDIS check by applicant who has previously been given an NDIS exclusion
15Consideration of application for NDIS check made by holder of NDIS clearance
16Determination of WWC category A application
Part 5—Miscellaneous amendments
Division 1—Service of civil process in prescribed areas
17Regulations
Division 2—Summary appeals
18Justice Legislation Amendment (Criminal Appeals) Act 2019
Division 3—Amendment of Social Services Regulation Act 2021
19Deemed exclusion provisions—transitional period
Division 4—Amendment of Victoria Police Act 2013
19AAppointment of Chief Commissioner
19BAppointment of Acting Chief Commissioner
19CAppointment of Deputy Commissioners
19DAppointment of Acting Deputy Commissioner
Part 6—Repeal of this Act
20Repeal of this Act
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Endnotes
1 General information
Justice Legislation Amendment (Miscellaneous) Act 2025
No. 20 of 2025
[Assented to 18 June 2025]
The Parliament of Victoria enacts:
PART 1—PRELIMINARY
1Purposes
The purposes of this Act are—
(a)to amend the Crimes Act 1958 in relation to offences for the replacement of trustees; and
(b)to amend the Criminal Procedure Act 2009 and the Sentencing Act 1991 in relation to procedure in the criminal jurisdiction of the Magistrates' Court; and
(c)to amend the Worker Screening Act 2020 to make minor and technical amendments to that Act; and
(d)to repeal an outdated regulation-making power in the Magistrates' Court Act 1989; and
(e)to amend the Justice Legislation Amendment (Criminal Appeals) Act 2019 to delay the default commencement and the repeal of that Act; and
(ea)to amend the Victoria Police Act 2013 in relation to the appointment of the Chief Commissioner of Police, Deputy Commissioners and persons acting as Chief Commissioner of Police or a Deputy Commissioner; and
(f)to amend the Social Services Regulation Act 2021 in relation to deemed exclusion decisions.
2Commencement
This Act comes into operation on the day after the day on which this Act receives the Royal Assent.
PART 2—AMENDMENT OF CRIMES ACT 1958
3Section 180 substituted
For section 180 of the Crimes Act 1958 substitute—
180Corrupt inducement or reward for replacement of trustee"
(1)A person must not offer or give valuable consideration to a trustee—
(a)for a dishonest or otherwise corrupt purpose; and
(b)intending to induce the trustee to appoint a person in the trustee's place.
Penalty:In the case of an individual, level 5 imprisonment (10 years maximum) or a level 5 fine (1200 penalty units maximum) or both;
In the case of a body corporate, a level 5 fine (1200 penalty units maximum).
(2)A person must not offer or give valuable consideration to a former trustee—
(a)for a dishonest or otherwise corrupt purpose; and
(b)intending to reward the former trustee for having appointed a person in the former trustee's place.
Penalty:In the case of an individual, level 5 imprisonment (10 years maximum) or a level 5 fine (1200 penalty units maximum) or both;
In the case of a body corporate, a level 5 fine (1200 penalty units maximum).
(3)A trustee must not solicit or receive valuable consideration for the trustee or any other person—
(a)for a dishonest or otherwise corrupt purpose; and
(b)intending to appoint a person in the trustee's place in return for that consideration.
Penalty:In the case of an individual, level 5 imprisonment (10 years maximum) or a level 5 fine (1200 penalty units maximum) or both;
In the case of a body corporate, a level 5 fine (1200 penalty units maximum).
(4)A former trustee who has appointed a person in the former trustee's place must not solicit valuable consideration for the former trustee or any other person—
(a)for a dishonest or otherwise corrupt purpose; and
(b)intending that the consideration be a reward for that appointment.
Penalty:In the case of an individual, level 5 imprisonment (10 years maximum) or a level 5 fine (1200 penalty units maximum) or both;
In the case of a body corporate, a level 5 fine (1200 penalty units maximum).
(5)A former trustee who has appointed a person in the former trustee's place must not receive valuable consideration for the former trustee or any other person that is given, and that the former trustee knows or believes is given—
(a)for a dishonest or otherwise corrupt purpose; and
(b)as a reward for that appointment.
Penalty:In the case of an individual, level 5 imprisonment (10 years maximum) or a level 5 fine (1200 penalty units maximum) or both;
In the case of a body corporate, a level 5 fine (1200 penalty units maximum).
(6)In this section—
appoint includes—
(a)authorise an appointment; or
(b)join in an appointment; or
(c)join in the authorising of an appointment.".
4New section 640 inserted
After section 639 of the Crimes Act 1958 insert—
640Transitional provision—Justice Legislation Amendment (Miscellaneous) Act 2025"
(1)Section 180 as substituted by Part 2 of the Justice Legislation Amendment (Miscellaneous) Act 2025 is taken to have been in force, instead of section 180 as in force before the commencement of that Part, during the period—
(a)beginning on and including 1 April 1959; and
(b)ending immediately before the commencement of that Part.
(2)Without limiting subsection (1), that subsection applies for the purposes of any offence relating to section 180 during the period specified in that subsection, including the following offences—
(a)an offence against section 181 in respect of—
(i)the doing of an act or thing in contravention of section 180; or
(ii)the doing of an act or thing outside Victoria or partially outside Victoria which, if done within Victoria, would contravene section 180;
(b)an offence against section 182 in respect of the doing or attempting of an act or thing without authority which, if authorised, would contravene section 180;
(c)an offence against section 321(1) in circumstances where the offence that is the subject of the agreement is an offence against section 180;
(d)an offence against section 321M that is constituted by an attempt to commit an offence against section 180.
(3)Despite subsection (1), conduct that was engaged in before the commencement of Part 2 of the Justice Legislation Amendment (Miscellaneous) Act 2025 does not contravene section 180 as substituted by that Part if the conduct was given assent pursuant to section 180 as in force before the commencement of that Part.
(4)Despite subsection (1), if a person was found guilty of an offence specified in subsection (5) before the commencement of Part 2 of the Justice Legislation Amendment (Miscellaneous) Act 2025, subsection (1) does not affect that finding of guilt or anything arising from that finding of guilt.
(5)The offences specified for the purposes of subsection (4) are—
(a)an offence against section 180 as in force before the commencement of Part 2 of the Justice Legislation Amendment (Miscellaneous) Act 2025; and
(b)an offence that relates to an offence against section 180 as in force before the commencement of Part 2 of the Justice Legislation Amendment (Miscellaneous) Act 2025.".
PART 3—AMENDMENT OF CRIMINAL PROCEDURE ACT 2009 AND SENTENCING ACT 1991
Division 1—Amendment of Criminal Procedure Act 2009
5Commencement of a criminal proceeding in the Magistrates' Court
In section 6(1)(a) of the Criminal Procedure Act 2009, for "with a registrar of" substitute "in".
6Court may issue summons or warrant to arrest
In section 12(3) of the Criminal Procedure Act 2009, for "or by post" substitute ", by post, by electronic communication or otherwise in accordance with the manner prescribed by the rules of court".
7Police or public official may issue summons
In section 14 of the Criminal Procedure Act 2009—
(a)in subsection (1), after "Magistrates' Court" insert "or the Court";
(b)in subsection (2), for "with the appropriate registrar" substitute "in the Magistrates' Court".
8Notice to appear lapses unless charge-sheet filed within 14 days
In section 22(1) of the Criminal Procedure Act 2009, for "with a registrar of" substitute "in".
9Case direction notice
In section 118 of the Criminal Procedure Act 2009—
(a)in subsection (1), for "with the registrar" substitute "in the Magistrates' Court";
(b)in subsection (3)(a) omit "with the registrar".
10Documents to be forwarded to DPP
In section 146 of the Criminal Procedure Act 2009, for "the registrar must forward" substitute "the Magistrates' Court must ensure there are forwarded".
11How appeal is commenced
In section 258(1) of the Criminal Procedure Act 2009, for "with a registrar of the Magistrates' Court at any venue of" substitute "in".
12How appeal is commenced
In section 261(1) of the Criminal Procedure Act 2009, for "with a registrar of the Magistrates' Court at any venue of" substitute "in".
Division 2—Amendment of Sentencing Act 1991
13Application for variation or cancellation of order
In section 61(2) of the Sentencing Act 1991 omit "the proper officer of".
PART 4—AMENDMENT OF WORKER SCREENING ACT 2020
14Application for NDIS check by applicant who has previously been given an NDIS exclusion
In section 17 of the Worker Screening Act 2020, for "38" substitute "37".
15Consideration of application for NDIS check made by holder of NDIS clearance
In section 36(1)(a) of the Worker Screening Act 2020, for "36" substitute "35".
16Determination of WWC category A application
In section 61(2)(b) of the Worker Screening Act 2020, for "77" substitute "72".
PART 5—MISCELLANEOUS AMENDMENTS
Division 1—Service of civil process in prescribed areas
17Regulations
Section 140(1)(db) of the Magistrates' Court Act 1989 is repealed.
Division 2—Summary appeals
18Justice Legislation Amendment (Criminal Appeals) Act 2019
(1)In section 2(3) of the Justice Legislation Amendment (Criminal Appeals) Act 2019, for "5 July 2025" substitute "1 July 2028".
(2)In section 39 of the Justice Legislation Amendment (Criminal Appeals) Act 2019, for "5 July 2026" substitute "1 July 2029".
Division 3—Amendment of Social Services Regulation Act 2021
19Deemed exclusion provisions—transitional period
Section 330G(2)(a) of the Social Services Regulation Act 2021 is repealed.
Division 4—Amendment of Victoria Police Act 2013
19AAppointment of Chief Commissioner
After section 17(1) of the Victoria Police Act 2013 insert—
"(1A)The Chief Commissioner must be—
(a)an Australian citizen; or
(b)a permanent resident within the meaning of the Australian Citizenship Act 2007 of the Commonwealth; or
(c)a person who has a permanent visa or is entitled to be granted a permanent visa under the Migration Act 1958 of the Commonwealth; or
(d)a New Zealand citizen who has a special category visa or is entitled to be granted a special category visa under the Migration Act 1958 of the Commonwealth.".
19BAppointment of Acting Chief Commissioner
After section 18(1) of the Victoria Police Act 2013 insert—
"(1A)An Acting Chief Commissioner must be—
(a)an Australian citizen; or
(b)a permanent resident within the meaning of the Australian Citizenship Act 2007 of the Commonwealth; or
(c)a person who has a permanent visa or is entitled to be granted a permanent visa under the Migration Act 1958 of the Commonwealth; or
(d)a New Zealand citizen who has a special category visa or is entitled to be granted a special category visa under the Migration Act 1958 of the Commonwealth.".
19CAppointment of Deputy Commissioners
After section 21(1) of the Victoria Police Act 2013 insert—
"(1A)A Deputy Commissioner must be—
(a)an Australian citizen; or
(b)a permanent resident within the meaning of the Australian Citizenship Act 2007 of the Commonwealth; or
(c)a person who has a permanent visa or is entitled to be granted a permanent visa under the Migration Act 1958 of the Commonwealth; or
(d)a New Zealand citizen who has a special category visa or is entitled to be granted a special category visa under the Migration Act 1958 of the Commonwealth.".
19DAppointment of Acting Deputy Commissioner
After section 22(1) of the Victoria Police Act 2013 insert—
"(1A)An Acting Deputy Commissioner must be—
(a)an Australian citizen; or
(b)a permanent resident within the meaning of the Australian Citizenship Act 2007 of the Commonwealth; or
(c)a person who has a permanent visa or is entitled to be granted a permanent visa under the Migration Act 1958 of the Commonwealth; or
(d)a New Zealand citizen who has a special category visa or is entitled to be granted a special category visa under the Migration Act 1958 of the Commonwealth.".
PART 6—REPEAL OF THIS ACT
20Repeal of this Act
This Act is repealed on the first anniversary of its commencement.
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: 2 April 2025
Legislative Council: 15 May 2025
The long title for the Bill for this Act was "A Bill for an Act to make miscellaneous amendments to the Crimes Act 1958, the Criminal Procedure Act 2009, the Justice Legislation Amendment (Criminal Appeals) Act 2019, the Magistrates' Court Act 1989, the Sentencing Act 1991, the Social Services Regulation Act 2021, the Victoria Police Act 2013 and the Worker Screening Act 2020 and for other purposes."
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