Justice Legislation Amendment (Police and Other Matters) Act 2019 (Vic)

Justice Legislation Amendment (Police and Other Matters) Act 2019

No. 3 of 2019

table of provisions

Section  Page

Part 1—Preliminary

1Purposes

2Commencement

Part 2—Discharging firearm and intimidation offences and common assault

Division 1—Amendment of the Crimes Act 1958

3New sections 31C and 31D inserted

4New section 320A inserted

5Statute law revision—Crimes Act 1958

Division 2—Amendment of the Bail Act 1977

6Schedule 2 offences

Division 3—Amendment of the Sentencing Act 1991

7Definitions

8Sentences—whether concurrent or cumulative

Part 3—Drugs of dependence and commercial trafficking offence

Division 1—Amendment of the Drugs, Poisons and Controlled Substances Act 1981

9Definitions

10Trafficking in a drug or drugs of dependence—commercial quantity

11Conspiring

12Inciting etc.

13New section 147 inserted

14Part 3 of Schedule Eleven amended—1,4-BD

15Part 3 of Schedule Eleven amended—Heroin

16Part 3 of Schedule Eleven amended—GBL

17Part 3 of Schedule Eleven amended—GHB

18Consequential amendment—Voluntary Assisted Dying Act 2017

Division 2—Consequential amendment of other Acts

19Bail Act 1977

20Confiscation Act 1997

21Sentencing Act 1991

22Surveillance Devices Act 1999

Part 4—Interim closure notices and long‑term closure orders

Division 1—Amendment of the Second-Hand Dealers and Pawnbrokers Act 1989

23Definitions

24New Division 5 of Part 5 inserted

25Service

26Regulations

27Statute law revision—Second-Hand Dealers and Pawnbrokers Act 1989

Division 2—Amendment of the Confiscation Act 1997

28New section 192 inserted

29Schedule 1—Offences—Forfeiture on court order

Division 3—Amendment of the Magistrates' Court Act 1989

30Rules of Court

Part 5—Restorative engagement process

Division 1—Amendment of Victoria Police Act 2013

31Definitions

32Making of complaints

33Certain complaints to be referred to the Chief Commissioner

34Complaints made to a police officer or protective services officer

35New section 174A inserted

36Disclosure of restricted matter prohibited

Division 2—Amendment of Protected Disclosure Act 2012

37Circumstances in which information may be disclosed

Part 6—Amendment of Firearms Act 1996

38Definitions

39Possession of a traffickable quantity of firearms

40Particulars of licences

41Particulars of dealers licences

42Prohibition on the acquisition or disposal of traffickable quantities of firearms

43Notification of change of certain details

44New sections 221 and 222 inserted

45Schedule 2 amended—lever action shotguns

46Statute law revision—Firearms Act 1996

Part 7—Amendment of Sex Offenders Registration Act 2004

47Purpose and outline

48Access to the Register to be restricted

49Person with access to Register not to disclose personal information from it

50Schedule 1—Class 1 offences

51Schedule 2—Class 2 offences

Part 8—DNA profile samples and senior police officer authorisations

Division 1—Amendment of the Crimes Act 1958

52Definitions

53Heading amended

54Informed consent

55New sections 464SC, 464SD, 464SE and 464SF inserted

56Caution before forensic procedure

57Procedure for taking samples etc.

58Execution of authorisation, direction or order

59Forensic reports to be made available

60Evidence relating to forensic procedures

61Forensic procedure for registrable offenders under the Sex Offenders Registration Act 2004

62New sections 464ZFAC, 464ZFAD and 464ZFAE inserted

63Retention of information following finding of guilt etc.

64Victorian DNA database

65Report to Attorney-General

66Destruction of identifying information

67Forensic information from juveniles

68Safeguards after giving sample

69Destruction of samples given by police and VIFM personnel and storage of DNA information

70Supply of forensic material for purposes of DNA database

71Use of information on Victorian DNA database

72Disclosure of Victorian information

73Immunity of medical practitioners, nurses, midwives, dentists and other persons

74Regulations

75New section 464ZLA inserted

76New heading and sections 464ZM, 464ZN, 464ZO, 464ZP, 464ZQ, 464ZR and 464ZS inserted

77New section 635 inserted

78Schedule 9 inserted

Division 2—Amendment of the Corrections Act 1986

79New section 43A inserted

Division 3—Amendment of the Sex Offenders Registration Amendment (Miscellaneous) Act 2017

80Forensic procedure for registrable offenders under the Sex Offenders Registration Act 2004

Part 9—Amendment of other Acts

Division 1—Confiscation Act 1997

81New section 193 inserted

82Schedule 1—Offences—Forfeiture on court order

83Schedule 2—Offences—Automatic forfeiture and civil forfeiture

Division 2—Sentencing Act 1991

84Custodial sentence must be imposed for offences against sections 317AC and 317AD in certain circumstances

85Special reasons relevant to imposing minimum non‑parole periods

86New section 169 inserted

87Statute law revision—section 16 of the Sentencing Act 1991

88Statute law revision—Part 12 of the Sentencing Act 1991

Division 3—Victoria Police Act 2013

89Maternity and parental leave amendments

Division 4—Road Safety Act 1986

90Definitions for the purposes of Part 6A

91Transitional provision—Crimes Legislation Amendment (Protection of Emergency Workers and Others) Act 2017

92New section 103ZLA inserted

Part 10—Repeal of amending Act

93Repeal of amending Act

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Endnotes

1      General information

Justice Legislation Amendment (Police and Other Matters) Act 2019

No. 3 of 2019

[Assented to 13 March 2019]

The Parliament of Victoria enacts:

Part 1—Preliminary

1Purposes

The main purposes of this Act are—

(a)to amend the Crimes Act 1958—

(i)to create new offences of recklessly discharging a firearm and intimidation of law enforcement officers and family members; and

(ii)to further provide for the maximum term of imprisonment that applies to the offence at common law of common assault; and

(b)to amend the Bail Act 1977 to make provision in relation to the granting of bail for a new offence and a certain offence at common law of common assault in the Crimes Act 1958; and

(c)to amend the Sentencing Act 1991 to make provision in relation to the sentencing for a new offence and a certain offence at common law of common assault in the Crimes Act 1958; and

(d)to amend the Drugs, Poisons and Controlled Substances Act 1981—

(i)to further provide for the commercial and large commercial quantities for particular drugs of dependence specified in Schedule Eleven; and

(ii)to provide for the offence of trafficking in a commercial quantity of a drug of dependence for the benefit of or at the direction of a criminal organisation; and

(e)to amend the Bail Act 1977, the Confiscation Act 1997, the Sentencing Act 1991 and the Surveillance Devices Act 1999 in relation to the new offence of trafficking in a commercial quantity of a drug of dependence for the benefit of or at the direction of a criminal organisation in the Drugs, Poisons and Controlled Substances Act 1981; and

(f)to amend the Second-Hand Dealers and Pawnbrokers Act 1989 to provide for interim closure notices and long-term closure orders; and

(g)to amend the Confiscation Act 1997—

(i)to provide for offences against the Second-Hand Dealers and Pawnbrokers Act 1989 to be Schedule 1 offences; and

(ii)to provide for offences against other Acts to be Schedule 1 or 2 offences; and

(h)to amend the Victoria Police Act 2013—

(i)to provide for a restorative engagement process; and

(ii)to further provide for parental leave arrangements; and

(i)to amend the Firearms Act 1996—

(i)to provide for lever action shotguns; and

(ii)to provide for the offence to possess a traffickable quantity of firearms; and

(iii)to further provide for the offence to acquire or dispose of a traffickable quantity of firearms; and

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

(i)to further provide for access to and disclosure of personal information from the Register; and

(ii)to further provide for Class 1 offences and Class 2 offences; and

(k)to amend the Crimes Act 1958—

(i)to provide for the giving of an authorisation by a senior police officer for the taking of a DNA profile sample from a DNA person; and

(ii)to provide for a senior police officer to authorise the taking of a DNA profile sample from certain persons; and

(iii)to provide for a senior police officer to authorise the taking of a sample from certain persons who have previously provided a sample; and

(iv)to provide for the immunity of certain health practitioners who may take a DNA profile sample under a direction or an authorisation given by a senior police officer; and

(l)to amend the Corrections Act 1986—

(i)to provide for a police officer and a registered medical practitioner or nurse who accompanies the police officer to enter and remain in a prison for the purpose of taking a DNA profile sample from a prisoner; and

(ii)to validate any sample taken by a forensic procedure conducted under section 464ZFAB of the Crimes Act 1958 before the commencement of section 80; and

(m)to amend the Road Safety Act 1986—

(i)to make further provision in relation to offences that constitute relevant offences for the purposes of impoundment of vehicles under

Part 6A of that Act; and

(ii)to make technical amendments of a statute law revision nature; and

(n)to make minor and consequential amendments to various Acts.

2Commencement

(1)This Act (except Parts 2, 3, 4, 5 and 6 and Divisions 1 and 2 of Part 8 and Divisions 1

and 3 of Part 9 and sections 50 and 51) comes into operation on the day after the day on which it receives the Royal Assent.

(2)Subject to subsection (3), Parts 2, 3, 4, 5 and 6 and Divisions 1 and 2 of Part 8 and Divisions 1 and 3 of Part 9 and sections 50 and 51 come into operation on a day or days to be proclaimed.

(3)If a provision referred to in subsection (2), except sections 50 and 51, does not come into operation before 1 December 2019, it comes into operation on that day.

Part 2—Discharging firearm and intimidation offences and common assault

Division 1—Amendment of the
Crimes Act 1958

3New sections 31C and 31D inserted

After section 31B of the Crimes Act 1958 insert—

"31C   Discharging a firearm reckless to safety of a police officer or a protective services officer

(1)A person commits an offence if—

(a)the person discharges a firearm and is reckless as to the safety of another person (the victim) due to the discharge of the firearm; and

(b)the victim is a police officer on duty or a protective services officer on duty; and

(c)the person knows or is reckless as to whether the victim is a police officer or a protective services officer.

(2)A person who commits an offence against subsection (1) is liable to level 4 imprisonment (15 years maximum).

(3)Subsection (1) does not apply to conduct engaged in by a person who is—

(a)a police officer or a protective services officer acting in the course of the police officer's or the protective services officer's official duties when authorised to discharge a firearm by the Chief Commissioner of Police; or

(b)a senior IBAC Officer carrying out the purposes for which firearms may be used under Part 5 of the Independent Broad-based Anti-corruption Commission Act 2011 and as authorised under that Part; or

(c)a member of a police force or police service of the Commonwealth or of another State or a Territory discharging a firearm issued to the member for the performance of a detailed duty; or

(d)a prison guard who holds a licence under the Firearms Act 1996 issued for the requirement of the occupation of prison guard discharging a firearm as authorised under that licence while acting in the course of the prison guard's duties in the immediate pursuit of another person who is under the prison guard's custody; or

(e)a person who holds a licence under the Firearms Act 1996, discharging a firearm the person is authorised to use under the licence in the course of the person's duties under—

(i)the Conservation, Forests and Lands Act 1987; or

(ii)the Livestock Disease Control Act 1994; or

(iii)the Prevention of Cruelty to Animals Act 1986.

Notes

1     An offence against this section if committed in certain circumstances is a category 2 offence under the Sentencing Act 1991. See section 5(2H) of that Act for the requirement to impose a custodial order for this offence unless the circumstances set out in paragraphs (a) to (e) of that section exist.

2 Section 16(3E) of the Sentencing Act 1991 requires that every term of imprisonment imposed on a person for an offence against this section if committed in certain circumstances must, unless otherwise directed by the court, be served cumulatively on any uncompleted sentence or sentences of imprisonment imposed on that offender, whether before or at the same time as that term.

(4)In this section—

discharge means the discharge of shot or a bullet or other missile from a firearm;

firearm has the same meaning as in the Firearms Act 1996;

police officer on duty means a police officer who is performing any duty or exercising any power as such an officer;

protective services officer on duty means a protective services officer who is performing any duty or exercising any power as such an officer;

senior IBAC Officer has the same meaning as it has in the Independent Broad-based Anti-corruption Commission Act 2011.

31DIntimidation of a law enforcement officer or a family member of a law enforcement officer

(1)A person commits an offence if—

(a)the person uses or procures the use of intimidation towards another person (the victim); and

(b)the victim is a law enforcement officer or a family member of a law enforcement officer; and

(c)the use or procuring of intimidation is for reasons related to the victim being a law enforcement officer or a family member of a law enforcement officer.

(2)A person who commits an offence against subsection (1) is liable to level 5 imprisonment (10 years maximum).

(3)For the purposes of subsection (1)(a), a person uses intimidation towards a victim if—

(a)the person engages in conduct that could reasonably be expected to arouse apprehension or fear in the victim for the safety of the victim; and

(b)either—

(i)the person knows that engaging in that conduct would be likely to arouse that apprehension or fear; or

(ii)in all the particular circumstances, the person ought to have known that engaging in that conduct would be likely to arouse that apprehension or fear.

(4)Subsection (3) applies whether or not the conduct arouses apprehension or fear in the victim.

(5)In a proceeding for an offence against subsection (1) it is a defence to the charge for the accused to prove that conduct in respect of a victim referred to in paragraph (d), (e), (f) or (g) of the definition of law enforcement officer in subsection (8) was engaged in without malice—

(a)in the normal course of a lawful business, trade, profession or enterprise (including that of any body or person whose business, or whose principal business, is the publication, or arranging the publication, of news or current affairs material); or

(b)for the purposes of an industrial dispute; or

(c)for the purpose of engaging in political activities or discussion or communicating with respect to public affairs.

(6)For the purposes of this section a single act may amount to intimidation.

(7)For the purposes of this section, it is immaterial—

(a)that some or all of the conduct constituting an offence against subsection (1) occurred outside Victoria, so long as the victim was in Victoria at the time at which that conduct occurred; or

(b)that the victim was outside Victoria at the time at which some or all of the conduct constituting an offence against subsection (1) occurred, so long as that conduct occurred in Victoria; or

(c)some or all of the conduct constituting an offence against subsection (1) occurred outside Victoria and the victim was outside Victoria at the relevant time or times, so long as the conduct is for reasons related to the victim being a law enforcement officer in Victoria, or a family member of a law enforcement officer in Victoria.

(8)In this section—

family member has the meaning given in section 8 of the Family Violence Protection Act 2008;

law enforcement officer means a person who is—

(a)a police officer; or

(b)a protective services officer; or

(c)a police custody officer within the meaning of the Victoria Police Act 2013; or

(d)a Governor, prison officer or escort officer within the meaning of the Corrections Act 1986; or

(e)authorised under section 9A(1) of the Corrections Act 1986 to exercise a function or power of a Governor, a prison officer or an escort officer under that Act; or

(f)authorised under section 9A(1A) or (1B) of the Corrections Act 1986 to exercise a function or power referred to in that subsection; or

(g)a youth justice custodial worker within the meaning of the Children, Youth and Families Act 2005.".

4New section 320A inserted

After section 320 of the Crimes Act 1958 insert—

"320A   Maximum term of imprisonment for common assault in certain circumstances

(1)Despite section 320, the maximum term of imprisonment for common assault is level 5 imprisonment (10 years maximum) if—

(a)at the time of the assault, the person who commits the assault (the offender) has an offensive weapon readily available; and

(b)the person assaulted (the victim) is a police officer on duty or a protective services officer on duty; and

(c)the offender knows or is reckless as to whether the victim is a police officer or a protective services officer; and

(d)the offender—

(i)enables the victim to see the offensive weapon or the general shape of the offensive weapon; or

(ii)tells or suggests to the victim that the offender has an offensive weapon or a firearm readily available; and

(e)the offender—

(i)knows that engaging in conduct referred to in subsection (1)(d) would be likely to arouse apprehension or fear; or

(ii)in all the particular circumstances, the person ought to have known that engaging in conduct referred to in subsection (1)(d) would be likely to arouse that apprehension or fear.

Notes

1     A common assault referred to in this subsection if committed in certain circumstances is a category 2 offence under the Sentencing Act 1991. See section 5(2H) of that Act for the requirement to impose a custodial order for this offence unless the circumstances set out in paragraphs (a) to (e) of that section exist.

2 Section 16(3E) of the Sentencing Act 1991 requires that every term of imprisonment imposed on a person for a common assault at common law if committed in certain circumstances must, unless otherwise directed by the court, be served cumulatively on any uncompleted sentence or sentences of imprisonment imposed on that offender, whether before or at the same time as that term.

(2)Despite section 320, the maximum term of imprisonment for common assault is level 4 imprisonment (15 years maximum) if—

(a)at the time of the assault, the person who commits the assault (the offender) has a firearm or an imitation firearm readily available; and

(b)the person assaulted (the victim) is a police officer on duty or a protective services officer on duty; and

(c)the offender knows or is reckless as to whether the victim is a police officer or a protective services officer; and

(d)the offender—

(i)enables the victim to see the firearm or the imitation firearm or the general shape of the firearm or the imitation firearm; or

(ii)tells or suggests to the victim that the offender has a firearm or an imitation firearm readily available; and

(e)the offender—

(i)knows that engaging in conduct referred to in subsection (2)(d) would be likely to arouse apprehension or fear; or

(ii)in all the particular circumstances, the person ought to have known that engaging in conduct referred to in subsection (2)(d) would be likely to arouse that apprehension or fear.

Notes

1     A common assault referred to in this subsection if committed in certain circumstances is a category 2 offence under the Sentencing Act 1991. See section 5(2H) of that Act for the requirement to impose a custodial order for this offence unless the circumstances set out in paragraphs (a) to (e) of that section exist.

2 Section 16(3E) of the Sentencing Act 1991 requires that every term of imprisonment imposed on a person for a common assault at common law if committed in certain circumstances must, unless otherwise directed by the court, be served cumulatively on any uncompleted sentence or sentences of imprisonment imposed on that offender, whether before or at the same time as that term.

(3)For the purposes of subsections (1) and (2), a person has an offensive weapon, a firearm or an imitation firearm readily available if the offensive weapon, the firearm or the imitation firearm is—

(a)in the person's hand; or

(b)on the person's body; or

(c)within the person's reach.

(4)In this section—

firearm has the same meaning as it has in the Firearms Act 1996;

imitation firearm has the same meaning as in section 77(1A);

offensive weapon means any article (other than a firearm or an imitation firearm) made or adapted for use for causing injury to or incapacitating a person, or which at the time of an assault the person having it with them intends or threatens to use for such a purpose;

police officer on duty means a police officer who is performing any duty or exercising any power as such an officer;

protective services officer on duty means a protective services officer who is performing any duty or exercising any power as such an officer.".

5Statute law revision—Crimes Act 1958

(1)In section 317AC(1)(b), (2) and (2)(a) of the Crimes Act 1958, for "custodial worker." substitute "custodial worker".

(2)In section 317AC(2)(c) of the Crimes Act 1958, for "worker. is" substitute "worker is".

Division 2—Amendment of the Bail Act 1977

6Schedule 2 offences

(1)In item 22 of Schedule 2 to the Bail Act 1977, before paragraph (a) insert—

"(aa)section 31C (discharging a firearm reckless to safety of a police officer or a protective services officer) in circumstances where the offender's conduct is alleged to have created a risk to the physical safety of the victim or to any member of the public;".

(2)After item 23 of Schedule 2 to the Bail Act 1977 insert—

"23A.An offence of common assault that is alleged to have been committed in the circumstances referred to in section 320A(1) or (2) of the Crimes Act 1958 and it is alleged that the assault consisted of or included the direct application of force within the meaning of the definition of assault in section 31(2) of that Act.".

Division 3—Amendment of the Sentencing Act 1991

7Definitions

In section 3(1) of the Sentencing Act 1991, in the definition of category 2 offence, after paragraph (k) insert—

"(l)an offence against section 31C of the Crimes Act 1958 (discharging a firearm reckless to safety of a police officer or a protective services officer) in circumstances where the offender's conduct created a risk to the physical safety of the victim or to any member of the public;

(m)the offence of common assault committed in the circumstances referred to in section 320A(1) or (2) of the Crimes Act 1958 if the assault consisted of or included the direct application of force within the meaning of the definition of assault in section 31(2) of that Act;".

8Sentences—whether concurrent or cumulative

(1)In section 16(1A) of the Sentencing Act 1991, after paragraph (e) insert—

"(ea)on any person for an offence against section 31C of the Crimes Act 1958 in circumstances where the offender's conduct created a risk to the physical safety of the victim or to any member of the public; or".

(2)In section 16(1A) of the Sentencing Act 1991—

(a)in paragraph (k), for "Crimes Act 1958." substitute "Crimes Act 1958; or";

(b)after paragraph (k) insert—

"(l)on any person for common assault committed in the circumstances referred to in section 320A(1) or (2) of the Crimes Act 1958 if the assault consisted of or included the direct application of force within the meaning of the definition of assault in section 31(2) of that Act.".

(3)After section 16(3D) of the Sentencing Act 1991 insert—

"(3E)Every term of imprisonment imposed on a person for—

(a)an offence against section 31C of the Crimes Act 1958 in circumstances where the offender's conduct created a risk to the physical safety of the victim or to any member of the public; or

(b)a common assault committed in the circumstances referred to in section 320A(1) or (2) of the Crimes Act 1958 if the assault consisted of or included the direct application of force within the meaning of the definition of assault in section 31(2) of that Act—

must, unless otherwise directed by the court, be served cumulatively on any uncompleted sentence or sentences of imprisonment imposed on that offender, whether before or at the same time as that term.".

Part 3—Drugs of dependence and commercial trafficking offence

Division 1—Amendment of the Drugs, Poisons and Controlled Substances Act 1981

9Definitions

In section 70(1) of the Drugs, Poisons and Controlled Substances Act 1981—

(a)in Example 1 at the foot of the definition of aggregated commercial quantity—

(i)for "200 grams" substitute "40 grams";

(ii)for "250 grams" substitute "50 grams";

(iii)for "200/250" substitute "40/50";

(b)in Example 3 at the foot of the definition of aggregated commercial quantity—

(i)for "400 grams" (where first occurring) substitute "200 grams";

(ii)for "240 grams" substitute "120 grams";

(iii)for "500 grams" (where first occurring) substitute "250 grams";

(iv)for "400/500" (where first occurring) substitute "200/250";

(c)in Example 1 at the foot of the definition of aggregated large commercial quantity—

(i)for "600 grams" substitute "450 grams";

(ii)for "200 grams" substitute "150 grams";

(iii)for "1 kilogram" (where secondly occurring) substitute "750 grams";

(iv)for "600/1000" substitute "450/750";

(d)in Example 2 at the foot of the definition of aggregated large commercial quantity—

(i)for "150 grams" substitute "100 grams";

(ii)for "750 grams" (where first occurring) substitute "500 grams";

(iii)for "150/750" substitute "100/500";

(e)insert the following definition—

"criminal organisation means—

(a)an organisation that is a declared organisation under the Criminal Organisations Control Act 2012; or

(b)an organisation that—

(i)has 2 or more members; and

(ii)engages in systemic and continuing criminal activity which involves substantial planning; and

(iii)has a purpose of obtaining profit, gain, power or influence through that criminal activity;".

10Trafficking in a drug or drugs of dependence—commercial quantity

(1)In section 71AA of the Drugs, Poisons and Controlled Substances Act 1981, for "A person" substitute "Subject to subsection (2), a person".

(2)At the end of section 71AA of the Drugs, Poisons and Controlled Substances Act 1981 and before the note to that provision insert—

"(2)A person who, without being authorized by or licensed under this Act or the regulations or the Access to Medicinal Cannabis Act 2016 or the regulations under that Act to do so, trafficks or attempts to traffick in a quantity of a drug of dependence or of
2 or more drugs of dependence that is not less than the commercial quantity applicable to that drug of dependence or those drugs of dependence for the benefit of or at the direction of a criminal organisation is guilty of an indictable offence and liable—

(a)to level 1 imprisonment (life); and

(b)in addition to imprisonment, to a penalty of not more than 5000 penalty units.".

(3)For the note at the foot of section 71AA of the Drugs, Poisons and Controlled Substances Act 1981 substitute—

"Notes

1     An offence against subsection (1) is a category 2 offence under the Sentencing Act 1991.
See subsection (2H) of section 5 of that Act for the requirement to impose a custodial order for this offence unless the circumstances set out in paragraphs (a) to (e) of that subsection exist.

2     An offence against subsection (2) is a category 1 offence under the Sentencing Act 1991.
See section 5(2G) of that Act for the requirement to impose a custodial order for this offence.

3An offence against subsection (2) is a serious drug offence for the purposes of the Confiscation Act 1997. On the conviction of a person for a serious drug offence, the court must make an order under section 89DI of the Sentencing Act 1991 declaring the person to be a serious drug offender.".

11Conspiring

In the note at the foot of section 79(1) of the Drugs, Poisons and Controlled Substances Act 1981, for "section 71" substitute "section 71, 71AA(2)".

12Inciting etc.

(1)In the note at the foot of section 80(1) of the Drugs, Poisons and Controlled Substances Act 1981, for "section 71" substitute "section 71, 71AA(2)".

(2)In the note at the foot of section 80(3) of the Drugs, Poisons and Controlled Substances Act 1981, for "section 71" (where twice occurring) substitute "section 71, 71AA(2)".

13New section 147 inserted

After section 146 of the Drugs, Poisons and Controlled Substances Act 1981 insert—

"147   Transitional—Justice Legislation Amendment (Police and Other Matters) Act 2019

(1)The amendments made to Schedule Eleven by sections 14(a), 15 and 16(a) of the Justice Legislation Amendment (Police and Other Matters) Act 2019 apply only to offences alleged to have been committed after the commencement of the applicable section.

(2)For the purposes of subsection (1), if an offence is alleged to have been committed between 2 dates, one before and one on or after the commencement of the applicable section of the Justice Legislation Amendment (Police and Other Matters) Act 2019, the offence is alleged to have been committed before that commencement.".

14Part 3 of Schedule Eleven amended—1,4-BD

In Part 3 of Schedule Eleven to the Drugs, Poisons and Controlled Substances Act 1981, in the item relating to "1,4-BUTANEDIOL"—

(a)in Column 1 omit "and not for human consumption";

(b)in Column 1B, for "-" substitute "20·0 kg".

15Part 3 of Schedule Eleven amended—Heroin

In Part 3 of Schedule Eleven to the Drugs, Poisons and Controlled Substances Act 1981, for the item relating to "DIACETYLMORPHINE" substitute—

"DIACETYLMORPHINE (Heroin) 500·0 g 750·0 g 50·0 g 250·0 g 30·0 g 3·0 g - 1·0 g".

16Part 3 of Schedule Eleven amended—GBL

In Part 3 of Schedule Eleven to the Drugs, Poisons and Controlled Substances
Act 1981, in the item relating to "GAMMA BUTYROLACTONE"—

(a)in Column 1 omit "and not for human consumption";

(b)in Column 1B, for "-" substitute "20·0 kg".

17Part 3 of Schedule Eleven amended—GHB

In Part 3 of Schedule Eleven to the Drugs, Poisons and Controlled Substances Act 1981, in the item relating to "4-HYDROXYBUTANOIC ACID", in Column 1B, for "-" substitute "20⋅0 kg".

18Consequential amendment—Voluntary Assisted Dying Act 2017

In section 71AA(2) of the Drugs, Poisons and Controlled Substances Act 1981, for "or the Access to Medicinal Cannabis Act 2016 or the regulations under that Act" substitute ", the Access to Medicinal Cannabis Act 2016 or the regulations under that Act or the VoluntaryAssisted Dying Act 2017 or the regulations under that Act".

Division 2—Consequential amendment of other Acts

19Bail Act 1977

(1)In item 6(b) of Schedule 1 to the Bail Act 1977, for "section 71AA" substitute "section 71AA(1)".

(2)After item 6(b) of Schedule 1 to the Bail Act 1977 insert—

"(ba)section 71AA(2) (trafficking in a quantity of a drug or drugs of dependence that is not less than the commercial quantity applicable to that drug or those drugs for the benefit of or at the direction of a criminal organisation);".

(3)In item 6(e) of Schedule 1 to the Bail Act 1977, after "paragraph (a), (b)," insert "(ba),".

20Confiscation Act 1997

(1)In section 3(1) of the Confiscation Act 1997, in the definition of serious drug offence—

(a)after paragraph (a) insert—

"(ab)section 71AA(2) (trafficking in a drug or drugs of dependence for the benefit of or at the direction of a criminal organisation—commercial quantity);";

(b)in paragraphs (c), (d) and (e), for "paragraph (a)" substitute "paragraph (a), (ab)".

(2)In clause 1(ab) of Schedule 2 to the Confiscation Act 1997, for "section 71AA" substitute "section 71AA(1)".

(3)After clause 1(ab) of Schedule 2 to the Confiscation Act 1997 insert—

"(aba)section 71AA(2) (trafficking in a quantity of a drug or drugs of dependence that is not less than the commercial quantity applicable to that drug or those drugs for the benefit of or at the direction of a criminal organisation);".

(4)In clause 1(d) and (e) of Schedule 2 to the Confiscation Act 1997, after "(ab)," insert "(aba),".

21Sentencing Act 1991

(1)In section 3(1) of the Sentencing Act 1991, in the definition of category 1 offence, after paragraph (j) insert—

"(ja)an offence against section 71AA(2) of the Drugs, Poisons and Controlled Substances Act 1981 (trafficking in a drug or drugs of dependence for the benefit of or at the direction of a criminal organisation—commercial quantity);".

(2)In section 3(1) of the Sentencing Act 1991, in the definition of category 2 offence, in paragraph (g), for "section 71AA" substitute "section 71AA(1)".

(3)In clause 4(a)(ii) of Schedule 1 to the Sentencing Act 1991, for "section 71AA" substitute "section 71AA(1)".

(4)After clause 4(a)(ii) of Schedule 1 to the Sentencing Act 1991 insert—

"(iia)section 71AA(2) (trafficking in a quantity of a drug or drugs of dependence that is not less than the commercial quantity applicable to that drug or those drugs for the benefit of or at the direction of a criminal organisation);".

22Surveillance Devices Act 1999

In section 3(1) of the Surveillance Devices Act 1999, in the definition of serious drug offence—

(a)in paragraph (ab), for "section 71AA" substitute "section 71AA(1)";

(b)after paragraph (ab) insert—

"(aba)section 71AA(2) (trafficking in a quantity of a drug or drugs of dependence that is not less than the commercial quantity applicable to that drug or those drugs for the benefit of or at the direction of a criminal organisation);";

(c)in paragraphs (f) and (g), after "(ab)," insert "(aba),".

Part 4—Interim closure notices and long‑term closure orders

Division 1—Amendment of the Second-Hand Dealers and Pawnbrokers Act 1989

23Definitions

In section 3(1) of the Second-Hand Dealers and Pawnbrokers Act 1989 insert the following definitions—

"interim closure notice means a notice issued under section 26ZT(1);

long-term closure order means an order made under section 26ZU(4);

serious criminal offence means an offence committed in Victoria that is punishable by a term of imprisonment of 2 years or more;".

24New Division 5 of Part 5 inserted

After section 26ZS of the Second-Hand Dealers and Pawnbrokers Act 1989 insert—

"Division 5—Interim closure notices and long-term closure orders

26ZTInterim closure notice

(1)The Chief Commissioner of Police may issue a notice that specified premises be closed in respect of any person carrying on business as a second-hand dealer at the premises if the Commissioner—

(a)is satisfied on reasonable grounds that—

(i)a person is carrying on business as a second-hand dealer at the premises; and

(ii)the person is not a registered second-hand dealer; and

(iii)the person is not exempt from the requirement to be registered under this Act or the regulations; or

(b)reasonably suspects that a serious criminal offence is being committed at the specified premises that are also the business premises or storage premises of—

(i)a registered second-hand dealer; or

(ii)a person exempt from the requirement to be registered under this Act or the regulations.

(2)An interim closure notice—

(a)must specify the premises, or the part of the premises, that are the subject of the notice; and

(b)prohibits a person at the specified premises—

(i)carrying on business as a second‑hand dealer; and

(ii)altering the form of any second‑hand goods or disposing of any second-hand goods at the premises in any way for the period of the notice; and

(c)must be served personally on the occupier of the premises in accordance with section 391 of the Criminal Procedure Act 2009 and a copy of the notice must be posted in a conspicuous place at the entrance to the premises; and

(d)takes effect from the time it is served on the occupier; and

(e)has effect for a period not exceeding 72 hours, unless it is sooner cancelled by the Chief Commissioner of Police.

(3)The Chief Commissioner of Police must not issue—

(a)more than one interim closure notice for the same premises in any 7-day period; or

(b)under subsection (1)(b), more than 3 interim closure notices in relation to a course of conduct that constitutes a serious criminal offence.

26ZUMagistrates' Court may make long-term closure order

(1)The Chief Commissioner of Police may apply to the Magistrates' Court for an order that the premises specified in the application be closed in respect of any person carrying on business as a second-hand dealer at the premises.

(2)An application under subsection (1) must be made in accordance with the rules of court (if any).

(3)The Chief Commissioner of Police must serve a copy of an application made under subsection (1) on the occupier of the premises specified in the application as soon as practicable after the application has been made.

(4)The Magistrates' Court may make a long‑term closure order closing the specified premises, or a part of those premises, in respect of any person carrying on business as a second-hand dealer if the Court is satisfied that—

(a)a person is carrying on business as a second-hand dealer at the premises and the person—

(i)is not a registered second-hand dealer; and

(ii)is not exempt from the requirement to be registered under this Act or the regulations; or

(b)there has been, or there is likely to be, a serious criminal offence committed at or in connection with the specified premises that are also the business premises or storage premises of—

(i)a registered second-hand dealer; or

(ii)a person exempt from the requirement to be registered under this Act or the regulations.

(5)The Magistrates' Court must—

(a)determine the period for which the order is to be in force, as appropriate in the circumstances; and

(b)specify this period in the order.

(6)If an order is made under subsection (4) and the person who is carrying on business as a second-hand dealer at the premises did not appear in the proceeding, the Chief Commissioner of Police must—

(a)serve the order—

(i)personally on the person in accordance with section 391 of the Criminal Procedure Act 2009; or

(ii)if personal service of the order cannot be promptly effected, by substituted service in accordance with section 397 of the Criminal Procedure Act 2009; and

(b)post a copy of the order in a conspicuous place at the entrance to the premises.

(7)An application may be made under this section regardless of whether an interim closure notice has been issued with respect to the specified premises.

(8)If an interim closure notice is in force with respect to the specified premises on an application being made under this section, the Magistrates' Court may cancel the notice if the Court considers that—

(a)the notice should not have been issued; or

(b)there are no longer sufficient grounds for the notice to continue in force.

(9)If the Magistrates' Court makes the order and an interim closure notice is in force with respect to the premises, the interim closure notice ceases to have effect.

26ZVCancellation of long-term closure order

(1)A person may apply to the Magistrates' Court for the cancellation of a long-term closure order made in respect of premises occupied by the person.

(2)An application under subsection (1) must be made in accordance with the rules of court (if any).

(3)The person must serve a copy of an application made under subsection (1) on the Chief Commissioner of Police as soon as practicable after the application has been made.

(4)On an application under subsection (1), the Magistrates' Court may cancel the order if the court is satisfied—

(a)that the circumstances of the second‑hand dealer have materially altered since the order was made and as a result the order is no longer appropriate; or

(b)that the basis for making the order no longer exists.

Note

A person who becomes the owner of premises that are subject to a long-term closure order may make an application under this section.

26ZWFailure to comply with an interim closure notice or long-term closure order

(1)A person must not knowingly or recklessly, while an interim closure notice or long-term closure order is in force, fail to comply with that notice or order.

Penalty:200 penalty units.

(2)A person does not commit an offence against subsection (1) if—

(a)the person presents or points to evidence that suggests that the person did not know, and could not reasonably have been expected to know, that an interim closure notice or long-term closure order was in force with respect to the premises specified in the notice or order; and

(b)the contrary is not proved (beyond reasonable doubt) by the prosecution.

26ZXNo compensation—closure of premises

(1)No compensation is payable by the State in respect of anything done under or arising out of the making of an interim closure notice or long-term closure order.

(2)In this section—

compensation includes damages and any other form of monetary compensation.".

25Service

In section 27(1) of the Second-Hand Dealers and Pawnbrokers Act 1989, for "and 26ZS" substitute ", 26ZS, 26ZT and 26ZU(6)".

26Regulations

(1)In section 31(1)(db)(ii) of the Second-Hand Dealers and Pawnbrokers Act 1989, after "infringement notice" insert ", including a different infringement penalty for natural persons and bodies corporate".

(2)Section 31(2A) of the Second-Hand Dealers and Pawnbrokers Act 1989 is repealed.

27Statute law revision—Second-Hand Dealers and Pawnbrokers Act 1989

In section 26ZB(1) of the Second-Hand Dealers and Pawnbrokers Act 1989, for "section 20" substitute "section 20(1), 20(2)".

Division 2—Amendment of the Confiscation Act 1997

28New section 192 inserted

After section 191 of the Confiscation Act 1997 insert—

"192   Transitional—Justice Legislation Amendment (Police and Other Matters) Act 2019

(1)Item 15A of Schedule 1, as inserted by section 29 of the Justice Legislation Amendment (Police and Other Matters) Act 2019, applies to an offence alleged to have been committed on or after the commencement of section 29 of that Act.

(2)For the purposes of subsection (1), if an offence is alleged to have been committed between 2 dates, one before and one on or after the commencement of section 29 of the Justice Legislation Amendment (Police and Other Matters) Act 2019, the offence is alleged to have been committed before that commencement.".

29Schedule 1—Offences—Forfeiture on court order

After item 15 of Schedule 1 to the Confiscation Act 1997 insert—

"15A.An offence against any of the following provisions of the Second-Hand Dealers and Pawnbrokers Act 1989—

(a)section 5(1) or (1A) (carrying on business as a second-hand dealer or pawnbroker without registration);

(b)section 19A(1) or (2) (payment for scrap metal);

(c)section 19B(1), (2) or (3) (buying, disposing of or possessing unidentified motor vehicles);

(d)section 22(2) (failing to inform police officer of suspicion that goods in possession may have been stolen).".

Division 3—Amendment of the Magistrates' Court Act 1989

30Rules of Court

Before section 16(1)(d) of the Magistrates' Court Act 1989 insert—

"(ce)any matter or thing required or permitted by or under Division 5 of Part 5 of the Second-Hand Dealers and Pawnbrokers Act 1989 to be dealt with by rules of court or otherwise necessary or required for the purposes of Division 5 of Part 5 of that Act;".

Part 5—Restorative engagement process

Division 1—Amendment of Victoria Police Act 2013

31Definitions

In section 3(1) of the Victoria Police Act 2013 insert the following definition—

"restorative engagement process—see section 174A(1);".

32Making of complaints

(1)After section 167(3) of the Victoria Police Act 2013 insert—

"(3A)A police officer or protective services officer (officer A) is not required to make a complaint under subsection (3) about the conduct of another police officer or protective services officer (officer B) if officer A has reason to believe that the conduct of officer B is conduct that contravenes Part 4, 6 or 7 of the Equal Opportunity Act 2010 in relation to—

(a)officer A; or

(b)a spouse or domestic partner of officer A who is also a police officer or protective services officer.".

(2)At the foot of section 167 of the Victoria Police Act 2013 insert—

"Note

See section 174A for how this section applies in relation to a restorative engagement process.".

33Certain complaints to be referred to the Chief Commissioner

At the foot of section 168 of the Victoria Police Act 2013 insert—

"Note

See section 174A for how this section applies in relation to a restorative engagement process.".

34Complaints made to a police officer or protective services officer

At the foot of section 169 of the Victoria Police Act 2013 insert—

"Note

See section 174A for how this section applies in relation to a restorative engagement process.".

35New section 174A inserted

After section 174 of the Victoria Police Act 2013 insert—

"174A   Restorative engagement process

(1)The Secretary to the Department of Justice and Community Safety may establish a process (restorative engagement process), to be administered by a person or body independent of Victoria Police, to acknowledge and respond to an allegation by a member of Victoria Police personnel that the member is a victim of sex discrimination or sexual harassment by another member of Victoria Police personnel.

(2)Sections 167, 168 and 169 do not apply in relation to any information about the conduct of a police officer or protective services officer that is disclosed for the purpose of, or in the course of, a restorative engagement process unless the participant in the process who alleges that they are the victim of sex discrimination or sexual harassment consents to the information being dealt with as a complaint under those sections.

(3)A participant in a restorative engagement process who alleges that they are the victim of sex discrimination or sexual harassment may make a complaint under section 167 in relation to the alleged conduct at any time, including when they are participating in the process.

(4)In this section—

sex discrimination means discrimination (within the meaning of the Equal Opportunity Act 2010) on the basis of any of the following attributes—

(a)breastfeeding;

(b)gender identity;

(c)lawful sexual activity;

(d)marital status;

(e)parental status or status as a carer;

(f)pregnancy;

(g)sex;

(h)sexual orientation;

(i)an expunged homosexual conviction;

sexual harassment has the same meaning as in the Equal Opportunity Act 2010.".

36Disclosure of restricted matter prohibited

After section 185(2)(c) of the Victoria Police Act 2013 insert—

"(ca)for the purpose of, or in the course of, a restorative engagement process, with the written consent of the person participating in the process who alleges that they are the victim of sex discrimination or sexual harassment; or".

Division 2—Amendment of Protected Disclosure Act 2012

37Circumstances in which information may be disclosed

In section 54 of the Protected Disclosure Act 2012—

(a)after subsection (2)(d) insert—

"(da)for the purpose of, or in the course of, a restorative engagement process, with the written consent of the person participating in the process who alleges that they are the victim of sex discrimination or sexual harassment;";

(b)in subsection (3) insert the following definition—

"restorative engagement process has the meaning given in section 174A(1) of the Victoria Police Act 2013;".

Part 6—Amendment of Firearms Act 1996

38Definitions

In section 3(1) of the Firearms Act 1996—

(a)in the definition of category A longarm, in paragraph (c), after "other than a" insert "lever action,";

(b)in the definition of category B longarm, after paragraph (d) insert—

"(e)a lever action shotgun with a magazine capacity of no more than 5 rounds;";

(c)in the definition of category D longarm, after paragraph (b) insert—

"(ba)a lever action shotgun with a magazine capacity of more than 5 rounds;".

39Possession of a traffickable quantity of firearms

For section 7C of the Firearms Act 1996 substitute—

"7C   Possession of a traffickable quantity of firearms

(1)A person must not possess 2 or more firearms unless the person does so in accordance with this Act or the regulations.

Penalty:1200 penalty units or 10 years imprisonment.

(2)A person who is convicted or found guilty of an offence against subsection (1) is not liable to be convicted of an offence against section 5(1), section 6(1), (2), (3), (4), (5) or (6), section 6A(1), (2) or (3), section 7(1), (2), (3), (4), (5) or (6) or section 7B(1) or (2).".

40Particulars of licences

In section 35(1)(a) of the Firearms Act 1996 omit "and address".

41Particulars of dealers licences

In section 67(1)(a) of the Firearms Act 1996 omit "and address".

42Prohibition on the acquisition or disposal of traffickable quantities of firearms

For section 101A(1) and (2) of the Firearms Act 1996 substitute—

"(1)A person, who is not the holder of a dealers licence, must not acquire or dispose of 2 or more firearms within a period of 12 months, unless the person does so in accordance with this Act or the regulations.

Penalty:1200 penalty units or 10 years imprisonment.".

43Notification of change of certain details

Section 139(a) of the Firearms Act 1996 is repealed.

44New sections 221 and 222 inserted

At the end of Part 12 of the Firearms Act 1996 insert—

"221   Transitional provision—Justice Legislation Amendment (Police and Other Matters) Act 2019—lever action shotguns

(1)On and after the commencement of section 38 of the Justice Legislation Amendment (Police and Other Matters) Act 2019—

(a)a lever action shotgun with a magazine capacity of no more than 5 rounds held by a person under a category A longarm licence immediately before the commencement may continue to be held under the person's category A longarm licence (including any renewal of that licence) if that person does not hold a category B longarm licence; and

(b)a lever action shotgun with a magazine capacity of more than 5 rounds held by a person under a category A longarm licence immediately before the commencement—

(i)in the case of a person who does not hold a category B longarm or category D longarm licence, may continue to be held under the person's category A longarm licence (including any renewal of that licence); and

(ii)in the case of a person who holds a category B longarm licence and does not hold a category D longarm licence, is to be held by the person under the category B longarm licence (including any renewal of that licence); and

(c)if a person has a permit to acquire a lever action shotgun in force but has not yet acquired a lever action shotgun under the permit, the permit ceases to be in force, unless—

(i)in the case of a lever action shotgun with a magazine capacity of no more than 5 rounds, the person holds a category B longarm licence; or

(ii)in the case of a lever action shotgun with a magazine capacity of more than 5 rounds, the person holds a category D longarm licence; and

(d)a person referred to in section 185(1), (2) or (2A) who holds an interstate licence that authorises the possession, carriage or use of a lever action shotgun is authorised under that licence to possess, carry or use the shotgun for the purposes set out in those subsections.

(2)If a permit to acquire ceases to be in force as a result of subsection (1)(c), section 112(1) applies as if a reference to the permit being surrendered or cancelled were a reference to the permit ceasing to be in force.

222Transitional provision—Justice Legislation Amendment (Police and Other Matters) Act 2019—trafficking

The amendments made to this Act by sections 39 and 42 of the Justice Legislation Amendment (Police and Other Matters) Act 2019 apply only to offences alleged to have been committed on or after the commencement of those sections.".

45Schedule 2 amended—lever action shotguns

In item 1(8) of Schedule 2 to the Firearms Act 1996, before paragraph (a) insert—

"(aa)possess, carry or use a detachable magazine with a capacity greater than 5 shots in combination with a lever action shotgun; or".

46Statute law revision—Firearms Act 1996

In section 72(4)(b) of the Firearms Act 1996, for "persons" substitute "person's".

Part 7—Amendment of Sex Offenders Registration Act 2004

47Purpose and outline

In section 1(1)(a)(ii) of the Sex Offenders Registration Act 2004 omit "future".

48Access to the Register to be restricted

In section 63(2) of the Sex Offenders Registration Act 2004, for "attempt to ensure that access to the personal information in the Register is restricted to the greatest extent that is possible without interfering with the purpose of this Act" substitute "support access and disclosure of personal information in the Register occurring only to the extent authorised or permitted in accordance with this Act".

49Person with access to Register not to disclose personal information from it

(1)In section 64(2)(a) of the Sex Offenders Registration Act 2004 omit "law enforcement or".

(2)After section 64(2)(a) of the Sex Offenders Registration Act 2004 insert—

"(ab)for the purpose of the performance of a function of a law enforcement agency under any Act or law; or".

(3)In section 64(4) of the Sex Offenders Registration Act 2004—

(a)in the definition of Australian Crime Commission, for "Commonwealth." substitute "Commonwealth;";

(b)insert the following definitions—

"government department includes a government department (however described) of a foreign jurisdiction;

law enforcement agency means—

(a)Victoria Police; or

(b)the police force or police service (however described) of a foreign jurisdiction;

public statutory authority includes a public statutory authority (however described) of a foreign jurisdiction.".

50Schedule 1—Class 1 offences

In item 8A of Schedule 1 to the Sex Offenders Registration Act 2004, in paragraph (iii), for "child with mental impairment or under care, supervision or authority of defendant" substitute "sexual intercourse or other sexual activity with child outside Australia".

51Schedule 2—Class 2 offences

(1)In item 28AC of Schedule 2 to the Sex Offenders Registration Act 2004, after paragraph (vii) insert—

'(viia)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);'.

(2)In item 28A of Schedule 2 to the Sex Offenders Registration Act 2004, after paragraph (iv) insert—

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

(3)In item 28A of Schedule 2 to the Sex Offenders Registration Act 2004—

(a)in paragraph (ivc), for "child with mental impairment or under care, supervision or authority of defendant" substitute "using a carriage service for sexual activity with person under 16 years of age";

(b)in paragraph (vii), for "age)." substitute "age);";

(c)after paragraph (vii) insert—

'(viii)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).'.

Part 8—DNA profile samples and senior police officer authorisations

Division 1—Amendment of the Crimes Act 1958

52Definitions

(1)In section 464(2) of the Crimes Act 1958 insert the following definitions—

"DNA person means—

(a)a person who is of or above the age of 18 years who—

(i)is suspected of having committed or attempted to commit an indictable offence; or

(ii)has been charged with an indictable offence; or

(iii)has been summonsed to answer to a charge for an indictable offence; or

(b)a child of or above the age of 15 years but under the age of 18 years who—

(i)is suspected of having committed or attempted to commit a DNA sample offence; or

(ii)has been charged with a DNA sample offence; or

(iii)has been summonsed to answer to a charge for a DNA sample offence;

DNA profile sample means a sample taken for the purpose of deriving a DNA profile that is—

(a)a blood sample;

(b)a sample of hair, other than pubic hair, including the root if required;

(c)a sample of saliva;

(d)a scraping taken from the mouth;

DNA sample offence means any indictable offence specified in Schedule 9;

IBAC has the same meaning as in the Independent Broad-based Anti-corruption Commission Act 2011;

senior police officer authorisation means an authorisation under section 464ZFAC;".

(2)In section 464(2) of the Crimes Act 1958, in the definition of detained or protected person—

(a)for paragraph (b) substitute—

"(b)is a prisoner in a prison or a person detained in a police gaol who is transferred from the prison or police gaol to a facility or an institution referred to in section 56AB(1) of the Corrections Act 1986; or

(ba)is a forensic patient or a forensic resident within the meaning of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997; or";

(b)in paragraph (d), for "patient" substitute "compulsory patient or a security patient".

(3)In section 464(2) of the Crimes Act 1958, in the definition of forensic procedure, after "fingerprint" insert "or a DNA profile sample".

(4)In section 464(2) of the Crimes Act 1958, for paragraph (a) of the definition of related material and information substitute—

"(a)in relation to any DNA profile sample or any sample taken in a forensic procedure conducted in accordance with sections 464R to 464ZA or section 464ZF, 464ZFAAA or 464ZFAB, means notes and audiovisual recordings made of the taking of the DNA profile sample or the conduct of the forensic procedure and any information which may identify the person contained in any record of or report relating to the DNA profile sample or the forensic procedure and in any copy of the record or report;".

(5)In section 464(2) of the Crimes Act 1958, in the definition of serious offenders index—

(a)after paragraph (a) insert—

"(ab)registrable offenders in accordance with section 464ZFAB; and

(ac)offenders in accordance with section 464ZFAC(2)(a)(i); and";

(b)after paragraph (b)(i) insert—

"(ia)an offence and to which section 464ZFB(1AA) applies; or".

(6)In section 464(2) of the Crimes Act 1958, in the definition of suspects index—

(a)after "464U" insert ", DNA profile samples taken in accordance with section 464SC or 464SE";

(b)after "section 464ZFAAA" insert

"or section 464ZFAC(2)(a)(ii)".

53Heading amended

In the heading preceding section 464R of the Crimes Act 1958, after "procedures" insert "and DNA profile samples".

54Informed consent

For section 464S(3) of the Crimes Act 1958 substitute—

"(3)A person is taken as having refused consent if—

(a)the person is—

(i)held in a prison, police gaol or youth justice centre; or

(ii)a prisoner in a prison or a person detained in a police gaol who is transferred from the prison or police gaol to a facility or an institution referred to in section 56AB(1) of the Corrections Act 1986; and

(b)within 24 hours after the giving of the information referred to in subsection (1) the person refuses or fails to consent to the request to undergo a forensic procedure.".

55New sections 464SC, 464SD, 464SE and 464SF inserted

After section 464SB of the Crimes Act 1958 insert—

"464SC   DNA profile sample from DNA person

(1)A police officer may request a DNA person who is an adult to give a DNA profile sample only if the police officer is satisfied that the taking of the sample is justified in all of the circumstances, and the DNA person—

(a)is suspected on reasonable grounds of having committed the indictable offence; or

(b)has been charged with the indictable offence; or

(c)has been summonsed to answer to a charge for the indictable offence.

(2)A police officer may request a DNA person who is a child to give a DNA profile sample only if the police officer is satisfied that the taking of the sample is justified in all of the circumstances, and the DNA person—

(a)is believed on reasonable grounds of having committed the DNA sample offence; or

(b)has been charged with the DNA sample offence; or

(c)has been summonsed to answer to a charge for the DNA sample offence.

(3)A DNA profile sample may be taken from—

(a)a DNA person who is an adult if—

(i)the adult gives informed consent; or

(ii)a senior police officer gives an authorisation under section 464SE; or

(b)a DNA person who is a child if—

(i)the child and a parent or guardian of the child give informed consent; or

(ii)a senior police officer gives an authorisation under section 464SE.

464SDInformed consent—DNA person and their parent or guardian

(1)In this section—

parent or guardian means a parent or guardian of a DNA person who is a child.

(2)A DNA person or a parent or guardian gives informed consent to a request for the DNA person to give a DNA profile sample if the DNA person or the parent or guardian consents to the request after a police officer informs the DNA person or the parent or guardian in language likely to be understood by the DNA person or the parent or guardian—

(a)of the purpose for which the sample is required; and

(b)of the nature of the procedure sought to be conducted to take the sample; and

(c)for a DNA person who is an adult, of the indictable offence which the person is suspected of having committed or with which the person has been charged or for which the person has been summonsed to answer to a charge; and

(d)for a DNA person who is a child, of the DNA sample offence which the child is believed on reasonable grounds of having committed or with which the child has been charged or for which the child has been summonsed to answer to a charge; and

(e)for a DNA person who is a child, that for the child to give informed consent both the child and the child's parent or guardian must consent to the taking of the sample; and

(f)that the taking of the sample could produce evidence to be used in a court; and

(g)that information obtained from analysis of forensic material obtained by the taking of the sample will be placed on a DNA database and may be used for the purpose of a criminal investigation or any other purpose for which the DNA database may be used under this Subdivision or under a corresponding law of a participating jurisdiction; and

(h)that if a sample is taken from the DNA person and—

(i)the person has not been charged with an indictable offence or a DNA sample offence (as the case requires) at the end of 12 months after the taking of the sample; or

(ii)the person has been so charged but the charge is not proceeded with or the DNA person is not found guilty of the offence whether on appeal or otherwise before the end of that period—

the sample taken will be destroyed; and

(i)that the DNA person or the parent or guardian may refuse to consent to the taking of the sample; and

(j)that if the DNA person or the parent or guardian refuses to consent to the taking of the sample, that a senior police officer may authorise the taking of the sample.

(3)A police officer who informs a DNA person or a parent or guardian of the matters in subsection (2)—

(a)must record the giving of the information and the person's responses, if any, by audio recording or audiovisual recording or in writing signed by the person; and

(b)must give or send by registered post to the person or the person's legal practitioner or the parent or guardian of the child if the child's legal practitioner is not known, without charge—

(i)if the giving of the information and the responses are recorded by audio recording or audiovisual recording, a copy of the recording as soon as practicable, but not more than 7 days after the information is given, and, if a transcript of the recording is prepared, a copy of the transcript as soon as practicable; and

(ii)if the giving of the information and the responses are recorded in writing signed by the person, a copy of the record as soon as practicable.

(4)A DNA person is taken as having refused consent if—

(a)the DNA person is—

(i)held in a prison, police gaol or youth justice centre; or

(ii)a prisoner in a prison or a person detained in a police gaol who is transferred from the prison or police gaol to a facility or an institution referred to in section 56AB(1) of the Corrections Act 1986; and

(b)within 24 hours after the giving of the information referred to in subsection (2) the DNA person fails to consent to the request to take the sample.

(5)A parent or guardian is taken as having refused consent if the parent or guardian is not capable of giving informed consent by reason of mental impairment.

464SESenior police officer may authorise the taking of a DNA profile sample from DNA person

(1)A senior police officer who is not involved in investigating the offence for which the taking of a sample is required may authorise the taking of a DNA profile sample from a DNA person if the senior police officer is satisfied that—

(a)the person is a DNA person who is—

(i)under lawful arrest by warrant; or

(ii)under lawful arrest under section 458 or 459 or a provision of any other Act;

or

(iii)in the custody of an investigating official in accordance with an order of the Magistrates' Court or the Children's Court (as the case requires) under section 464B(5) and, at the time of the application for that order, the person was held in a prison or police gaol; and

(b)the person is not incapable of giving informed consent by reason of mental impairment; and

(c)for a DNA person who is an adult, the person has refused to give consent to a request under section 464SC(1); and

(d)for a DNA person who is a child, both the child and the child's parent or guardian have refused to give consent to a request under section 464SC(2); and

(e)for a DNA person who is an adult, there are reasonable grounds to believe the person has committed the indictable offence in respect of which the authorisation is sought; and

(f)for a DNA person who is a child, the person is believed on reasonable grounds of having committed the DNA sample offence in respect of which the authorisation is sought; and

(g)the taking of the sample without the consent of the person is justified in all of the circumstances.

(2)A senior police officer must not give an authorisation for the taking of a DNA profile sample from a DNA person if—

(a)an application to a court for an order under section 464T, 464U or 464V in respect of that person has been made in relation to the same matter and on the same grounds but has been refused; or

(b)a previous application for an authorisation under this section in respect of that person has been considered in relation to the same matter and on the same grounds but has not been given.

(3)An authorisation given in contravention of subsection (2) is void.

(4)Nothing in subsection (2) prevents a later application for an order under section 464T, 464U or 464V or an authorisation under this section on different or further grounds.

(5)An authorisation under this section must be given to a police officer.

464SFMaking or refusing authorisation—DNA profile sample

(1)Before a senior police officer gives or refuses to give an authorisation under section 464SE, the senior police officer must allow a reasonable opportunity, if practicable in person, for the following persons to inform the senior police officer whether there is any reason why the DNA profile sample should not be taken—

(a)the DNA person;

(b)the parent or guardian of the DNA person if the DNA person is a child;

(c)the DNA person's legal practitioner, if any.

(2)An authorisation under section 464SE must be given in writing, be signed by the senior police officer giving it and include—

(a)the date and time when the authorisation is given; and

(b)the grounds for giving the authorisation.

Note

The Electronic Transactions (Victoria) Act 2000 applies to enable an authorisation to be given electronically, including facsimile transmission and email, in accordance with that Act.

(3)The senior police officer must give, or cause another police officer to give, to the DNA person a copy of the authorisation as soon as practicable after the authorisation is made and, in any event, before the taking of the DNA profile sample.

(4)Before the DNA profile sample is taken, a police officer must inform the DNA person orally and in person of the following—

(a)that an authorisation under section 464SE has been given;

(b)the matters referred to in subsection (2)(a) and (b);

(c)that a police officer may use reasonable force to enable the DNA profile sample to be taken.

(5)The person who gives the information required to be given by subsection (4) must—

(a)record, or cause to be recorded, the giving of that information by audio recording or audiovisual recording; and

(b)give or send by registered post, or cause to be given or sent by registered post without charge, a copy of the recording as soon as practicable, but not more than 7 days after the taking of the DNA profile sample to—

(i)the DNA person or their legal practitioner; or

(ii)the parent or guardian of a DNA person who is a child if the child's legal practitioner is not known.

(6)If a senior police officer refuses to give an authorisation under section 464SE in respect of a DNA person, the senior police officer must—

(a)inform, or cause another police officer to inform, the DNA person orally of the decision as soon as practicable after the refusal; and

(b)give written notice of the decision to the DNA person within 7 days after the refusal and to the parent or guardian of a DNA person who is a child.

(7)A failure of the senior police officer or a police officer to comply with this section does not invalidate any authorisation made by the senior police officer but constitutes non-compliance for the purposes of section 464ZE(1)(a).".

56Caution before forensic procedure

(1)Insert the following heading to section 464Y of the Crimes Act 1958—

"Caution before forensic procedure or taking of a DNA profile sample".

(2)In section 464Y(1) of the Crimes Act 1958—

(a)after "before a" insert "DNA profile sample is taken in accordance with section 464SC, 464SE, 464ZFAC or 464ZFAE or a";

(b)after "other person" insert "taking the sample or".

(3)In section 464Y(2)(b) of the Crimes Act 1958, after "practitioner" insert "or the parent or guardian of a DNA person who is a child if the child's legal practitioner is not known".

57Procedure for taking samples etc.

(1)In section 464Z(1) of the Crimes Act 1958, after "a person" insert "or a class of persons".

(2)For section 464Z(1A) of the Crimes Act 1958 substitute—

"(1A)The Chief Commissioner of Police may authorise a police officer or police custody officer, or a class of police officers or police custody officers, to supervise for the purposes of subsection (3A) or (3AC)—

(a)the taking of scrapings from the mouth; or

(b)the taking of a DNA profile sample that is a scraping from the mouth.".

(3)After section 464Z(2) of the Crimes Act 1958 insert—

"(2A)The taking of a DNA profile sample or the conduct of a forensic procedure in accordance with this Subdivision, must be taken or conducted by the least intrusive and least painful method practicable in the circumstances.".

(4)After section 464Z(3) of the Crimes Act 1958 insert—

"(3AAA)For the purposes of a DNA profile sample taken in accordance with this Subdivision—

(a)a sample may only be taken by a medical practitioner or nurse of the same sex, if practicable, as the person from whom the sample is to be taken; and

(b)if the sample is to be taken from a child the sample must be taken in the presence of a parent or guardian of the child or, if a parent or guardian cannot be located, an independent person of the same sex, if practicable, as the child.".

(5)After section 464Z(3AB) of the Crimes Act 1958 insert—

"(3AC)Despite subsection (3AAA), a person from whom a DNA profile sample is to be taken in accordance with this Subdivision may elect to provide instead a scraping taken by the person from their mouth if a police officer authorised in accordance with subsection (1A) considers that it is appropriate for the person to take the scraping.

(3AD)An election made by a person under subsection (3AC) must be recorded by audio recording or audiovisual recording or in writing signed by the person.".

(6)In section 464Z(3A) of the Crimes Act 1958, after "subsection (3)" insert "or (3AAA)".

(7)In section 464Z(3B) of the Crimes Act 1958, after "subsection (3AA)" insert "or (3AC)".

58Execution of authorisation, direction or order

(1)After section 464ZA(1)(a) of the Crimes Act 1958 insert—

"(ab)a senior police officer gives an authorisation under section 464SE for the taking of a DNA profile sample; or

(ac)a senior police officer gives an authorisation under section 464ZFAE for the taking of a DNA profile sample from a person; or".

(2)In section 464ZA(1) of the Crimes Act 1958—

(a)in paragraph (d)—

(i)after "directs" insert "that a DNA profile sample be taken from";

(ii)for "section 464ZFAB to undergo a forensic procedure—" substitute "section 464ZFAB; or";

(b)after paragraph (d) insert—

"(e)a senior police officer authorises the taking of a DNA profile sample from a person under section 464ZFAC or 464ZFAE—";

(c)before "conduct the procedure" insert "take the sample or".

(3)In section 464ZA(2)(a) of the Crimes Act 1958, before "on whom" insert "from whom the sample is to be taken or".

(4)After section 464ZA(3) of the Crimes Act 1958 insert—

"(3A)The taking of a DNA profile sample (other than a scraping from the person's mouth taken by that person)—

(a)must be recorded by audiovisual recording, if practicable; or

(b)must be witnessed by an independent medical practitioner or independent nurse.".

(5)In section 464ZA(6) of the Crimes Act 1958—

(a)after "section 464SA" insert ", 464SE, 464ZFAC or 464ZFAE";

(b)in paragraph (a), after "if" insert "the taking of the sample or";

(c)in paragraph (b), after "witnessed" insert "the taking of the sample or".

(6)In section 464ZA(6A) of the Crimes Act 1958, after "person" insert "from whom the sample was taken or".

(7)For section 464ZA(7) of the Crimes Act 1958 substitute—

"(7)If a DNA profile sample taken in accordance with an authorisation or a direction, or a compulsory procedure or a forensic procedure conducted in accordance with an authorisation of a senior police officer or an order of a court, is recorded by audiovisual recording, the applicant for the authorisation, direction or order must—

(a)without charge; and

(b)as soon as practicable but not more than 7 days after the procedure was conducted or the sample was taken—

give or send by registered post a copy of the audiovisual recording to the person from whom the sample was taken or on whom the procedure was conducted or to the person's legal practitioner.

(8)If the person referred to in subsection (7) from whom the sample was taken or on whom the procedure was conducted was a child, the applicant for the authorisation or order must also give or send by registered post a copy of the audiovisual recording to the parent or guardian of the child if the child's legal practitioner is not known.".

74Regulations

In section 464ZJ(1)(d) of the Crimes Act 1958, before "conducting" insert "taking DNA profile samples or".

75New section 464ZLA inserted

After section 464ZL of the Crimes Act 1958 insert—

"464ZLA   Validation of sample taken in accordance with section 464ZFAB

(1)In this section—

commencement day means the day on which section 79 of the Justice Legislation Amendment (Police and Other Matters) Act 2019 comes into operation.

(2)A sample taken in a forensic procedure conducted in accordance or purported to be conducted in accordance with section 464ZFAB before the commencement day in a prison was not unlawfully taken only because the person taking the sample had no lawful authority to enter and remain in the prison.".

76New heading and sections 464ZM, 464ZN, 464ZO, 464ZP, 464ZQ, 464ZR and 464ZS inserted

Before the heading to Subdivision (31) of Division 1 of Part III of the Crimes Act 1958 insert—

"Oversight by IBAC

464ZMFunctions of IBAC

The IBAC has the following functions under this Subdivision to monitor compliance by police officers and members of Victoria Police personnel or any other person who carried out a function or power in respect of—

(a)the taking of a DNA profile sample;

(b)a senior police officer authorisation;

(c)an authorisation under section 464ZFAE;

(d)any matter on which the Chief Commissioner is required to report on under section 464ZFE.

464ZNChief Commissioner of Police to report to IBAC

(1)As soon as practicable after 1 January but not later than 1 March in each year, the Chief Commissioner of Police must provide a written report to the IBAC for the previous 12 months in relation—

(a)to any DNA profile sample taken or senior police officer authorisation or authorisation given and applied for;

and

(b)to the destruction of any DNA profile sample taken or given in accordance with a senior police officer authorisation or authorisation; and

(c)to any matter on which the Chief Commissioner is required to report on under section 464ZFE.

(2)The report must include—

(a)a list that identifies by a unique identifying number every DNA profile sample taken or given in accordance with a senior police officer authorisation or authorisation under this Subdivision within the period to which the report relates; and

(b)information on whether any of the DNA profile samples listed in the report were taken from a child; and

(c)the date on which every DNA profile sample listed in the report was taken; and

(d)information on whether any of the DNA profile samples listed in the report or in any previous report submitted under this section have been destroyed within the period to which the report relates and the reason for the destruction of the sample; and

(e)if a DNA profile sample has been destroyed the date that the requirement to destroy it arose under section 464ZFC, the date of destruction and the name of the person who destroyed it; and

(f)the number of senior police officer authorisations and authorisations under section 464SE or 464ZFAE given within the period to which the report relates; and

(g)the number of DNA profile samples taken by consent in accordance with section 464SC within the period to which the report relates; and

(h)the number of authorisations under section 464SE, senior police officer authorisations and authorisations under section 464ZFAE refused within the period to which the report relates; and

(i)information on any DNA profile sample that has been retained for 12 months or more including the status of any investigation of the DNA person from whom the sample was taken within the period to which the report relates.

464ZOInspection of records by authorised officers

(1)In this section—

authorised officer is—

(a)the IBAC Commissioner; or

(b)a sworn IBAC Officer who is authorised under subsection (2);

IBAC Commissioner means the Commissioner within the meaning of the Independent Broad-based Anti-corruption Commission Act 2011;

police personnel premises has the same meaning as it has in the Independent Broad-based Anti-corruption Commission Act 2011;

records include the following—

(a)forensic material;

(b)records or recordings, whether in writing or in digital, audio or audiovisual form or otherwise, of—

(i)the taking of a DNA profile sample by informed consent in accordance with section 464SC; and

(ii)an authorisation under section 464SE or a senior police officer authorisation or an authorisation under section 464ZFAE;

(c)documents on a database;

sworn IBAC Officer has the same meaning as in the Independent Broad-based Anti-corruption Commission Act 2011.

(2)The IBAC Commissioner may authorise a sworn IBAC Officer to exercise the powers of an authorised officer under this section.

(3)An authorised officer must, from time to time, inspect any records of Victoria Police or any other person or body that carried out a function or power for the taking of a DNA profile sample that the authorised officer considers necessary to determine the extent of compliance by a member of Victoria Police personnel or the person or body with this Subdivision for the following—

(a)the taking of a DNA profile sample by way of informed consent in accordance with section 464SC;

(b)an authorisation under section 464SE;

(c)a senior police officer authorisation;

(d)an authorisation under section 464ZFAE;

(e)any matter on which the Chief Commissioner is required to report on under section 464ZFE.

(4)For the purpose of an inspection under this section, an authorised officer—

(a)after notifying the Chief Commissioner of Police, may enter at any reasonable time police personnel premises or any premises occupied by any other person or body that carried out a function or power under this Subdivision; and

(b)is entitled to have full and free access at all reasonable times to all records of Victoria Police or any other person or body that carried out a function or power under this Subdivision that are relevant to the inspection; and

(c)may require a member of Victoria Police personnel or a relevant person or body to give the authorised officer any information that the IBAC considers necessary, being information that is in that person's or body's possession, or to which the person or body has access, and that is relevant to the inspection; and

(d)may do anything that is necessary or convenient to be done to enable an inspection to be carried out under this section.

(5)The Chief Commissioner of Police must ensure that members of Victoria Police personnel give an authorised officer any assistance that the authorised officer reasonably requires to enable the authorised officer to perform functions under this section.

464ZPIBAC to report to the Attorney-General

(1)The IBAC must give a written report to the Attorney-General at yearly intervals on—

(a)the report given by the Chief Commissioner of Police to the IBAC under section 464ZN; and

(b)the results of each inspection under section 464ZO; and

(c)any recommendations about actions that should be taken in relation to a matter arising out of the report.

(2)The Attorney-General must cause a report under this section to be laid before each House of Parliament within 15 sitting days after the day on which the Attorney-General receives the report.

464ZQRecommendations

(1)The IBAC may at any time make recommendations to the Chief Commissioner about actions that should be taken in relation to a matter arising out of the functions of IBAC under this Subdivision.

(2)Within a reasonable time after receiving a recommendation under subsection (1), the Chief Commissioner must—

(a)take the recommended action; or

(b)if the Chief Commissioner has not taken the recommended action or does not intend to take the recommended action—give a report to the IBAC stating the reason for not taking or intending to take the action.

464ZRAttorney-General may make a complaint to the IBAC

The Attorney-General may make a complaint to the IBAC under section 51 of the Independent Broad-based Anti-corruption Commission Act 2011 about the taking, use, retention or destruction of forensic material under this Subdivision.

464ZSImmunity of the IBAC and sworn IBAC Officers

(1)The IBAC or a sworn IBAC Officer is not personally liable for anything necessarily or reasonably done or omitted to be done in good faith—

(a)in the performance of a duty or a function or the exercise of a power under this Subdivision; or

(b)in the reasonable belief that the act or omission was in the performance of a duty or a function or the exercise of a power under this Act.

(2)Any liability resulting from an act or omission that would, but for subsection (1), attach to the IBAC or a sworn IBAC Officer attaches instead to the State.".

77New section 635 inserted

After section 634 of the Crimes Act 1958 insert—

"635   Transitional provision—Justice Legislation Amendment (Police and Other Matters) Act 2019

(1)The amendments made to this Act by sections 52, 53 and 55 of the Justice Legislation Amendment (Police and Other Matters) Act 2019 apply—

(a)to an offence alleged to have been committed before the day on which those sections come into operation if a criminal proceeding in respect of the alleged offence has not been commenced before that day; and

(b)to an offence alleged to have been committed on or after the day on which those sections come into operation.

(2)The amendments made to this Act by section 62 of the Justice Legislation Amendment (Police and Other Matters) Act 2019 apply to a person found guilty or found not guilty because of mental impairment on or after the day on which that section comes into operation.".

78Schedule 9 inserted

After Schedule 8 of the Crimes Act 1958 insert—

"Schedule 9—DNA sample offences

Section 464(2)

1Child homicide.

2Murder.

3Manslaughter.

4Treason.

5An offence against section 15A(1) of the Crimes Act 1958 (causing serious injury intentionally in circumstances of gross violence).

6An offence against section 15B(1) of the Crimes Act 1958 (causing serious injury recklessly in circumstances of gross violence).

7An offence against section 16 of the Crimes Act 1958 (causing serious injury intentionally).

8An offence against section 21A(1) of the Crimes Act 1958 (stalking) and the accused has within the preceding 10 years been convicted or found guilty of an offence against that section in relation to any person or an offence in the course of committing which the accused used or threatened to use violence against any person.

9An offence against section 38(1) of the Crimes Act 1958 (rape).

10An offence against section 39(1) of the Crimes Act 1958 (rape by compelling sexual penetration).

11An offence against section 42(1) of the Crimes Act 1958 (assault with intent to commit a sexual offence).

12An offence against section 47(1) of the Crimes Act 1958 (abduction or detention for a sexual purpose).

13An offence against section 49A(1) of the Crimes Act 1958 (sexual penetration of a child under the age of 12).

14An offence against section 49B(1) of the Crimes Act 1958 (sexual penetration of a child under the age of 16) in circumstances other than where at the time of the alleged offence the child was 12 years of age or more and the accused was not more than 2 years older than the child.

15An offence against section 49J(1) of the Crimes Act 1958 (persistent sexual abuse of a child under the age of 16).

16An offence against section 49P(1) of the Crimes Act 1958 (abduction or detention of a child under the age of 16 for a sexual purpose).

17An offence against any of the following provisions of Subdivision (8C) of Division 1 of Part I of the Crimes Act 1958 (incest) in circumstances other than where both people are aged 18 or older—

(a)section 50C(1) (sexual penetration of a child or lineal descendant);

(b)section 50D(1) (sexual penetration of a step‑child);

(c)section 50E(1) (sexual penetration of a parent, lineal ancestor or step-parent);

(d)section 50F(1) (sexual penetration of a sibling or half-sibling).

18An offence against section 63A of the Crimes Act 1958 (kidnapping).

19An offence against section 75A(1) of the Crimes Act 1958 (armed robbery).

20An offence against section 77 of the Crimes Act 1958 (aggravated burglary).

21Any indictable offence in the course of committing which the accused, or any person involved in the commission of the offence, is alleged to have used or threatened to use a firearm, offensive weapon, or explosive as defined by section 77(1A) of the Crimes Act 1958.

22An offence against section 77A of the Crimes Act 1958 (home invasion).

23An offence against section 77B of the Crimes Act 1958 (aggravated home invasion).

24An offence against section 79 of the Crimes Act 1958 (carjacking).

25An offence against section 79A of the Crimes Act 1958 (aggravated carjacking).

26An offence against section 197A of the Crimes Act 1958 (arson causing death).

27An offence against section 318(1) of the Crimes Act 1958 (culpable driving causing death).

28An offence against section 319(1) or (1A) of the Crimes Act 1958 (dangerous driving causing death or serious injury).

29An offence against section 319AA(1) of the Crimes Act 1958 (dangerous or negligent driving while pursued by police).

30An offence against any of the following provisions of the Drugs, Poisons and Controlled Substances Act 1981 (as in force immediately before the commencement of the Drugs, Poisons and Controlled Substances (Amendment) Act 2001)—

(a)section 71(1) (trafficking in a drug of dependence) in circumstances where the offence is committed in relation to a quantity of a drug of dependence that is not less than the commercial quantity applicable to that drug of dependence;

(b)section 72(1) (cultivation of narcotic plants) in circumstances where the offence is committed in relation to a quantity of a drug of dependence, being a narcotic plant, that is not less than the commercial quantity applicable to that narcotic plant;

(c)section 79(1) (conspiracy) in circumstances where the conspiracy is to commit an offence referred to in paragraph (a) or (b).

31An offence against any of the following provisions of the Drugs, Poisons and Controlled Substances Act 1981 (as in force immediately before the commencement of the Drugs, Poisons and Controlled Substances (Amendment) Act 2001)—

(a)section 71(1) (trafficking in a drug of dependence);

(b)section 72(1) (cultivation of narcotic plants);

(c)section 79(1) (conspiracy) in circumstances where the conspiracy is to commit an offence referred to in paragraph (a) or (b).

32An offence against any of the following provisions of the Drugs, Poisons and Controlled Substances Act 1981—

(a)section 71 (trafficking in a quantity of a drug or drugs of dependence that is not less than the large commercial quantity applicable to that drug or those drugs);

(b)section 71AA (trafficking in a quantity of a drug or drugs of dependence that is not less than the commercial quantity applicable to that drug or those drugs);

(c)section 72 (cultivation of a narcotic plant in a quantity of a drug of dependence, being a narcotic plant, that is not less than the large commercial quantity applicable to that narcotic plant);

(d)section 72A (cultivation of a narcotic plant in a quantity of a drug of dependence, being a narcotic plant, that is not less than the commercial quantity applicable to that narcotic plant);

(e)section 79(1) (conspiracy) in circumstances where the conspiracy is to commit an offence referred to in paragraph (a), (b), (c) or (d).

33An offence against any of the following provisions of the Drugs, Poisons and Controlled Substances Act 1981—

(a)section 71AB (trafficking in a drug of dependence to a child);

(b)section 71AC (trafficking in a drug of dependence);

(c)section 72B (cultivation of narcotic plants);

(d)section 79(1) (conspiracy) in circumstances where the conspiracy is to commit an offence referred to in paragraph (a), (b) or (c).

34An offence against section 37A or 123A of the Family Violence Protection Act 2008 of contravening a family violence intervention order or family violence safety notice (as the case requires) in the course of committing which the accused is alleged to have used or threatened to use violence and the accused has within the preceding 10 years been convicted or found guilty of an offence in the course of committing which the accused used or threatened to use violence against any person.

35An offence against section 125A(1) of the Family Violence Protection Act 2008 (persistent contravention of family violence safety notices and family violence intervention orders).

36An offence against section 4B(1) or 21W of the Terrorism (Community Protection) Act 2003.

37An offence of conspiracy to commit, incitement to commit or attempting to commit an offence referred to in any other item of this Schedule.".

Division 2—Amendment of the Corrections Act 1986

79New section 43A inserted

After section 43 of the Corrections Act 1986 insert—

"43A   Access to prison for taking DNA profile sample

(1)With the permission of the Secretary or the Governor, a police officer accompanied by a registered medical practitioner or a nurse may enter and remain in a prison for the purpose of taking a DNA profile sample from a prisoner who is the subject of a DNA authority.

(2)The Secretary or the Governor must not give a police officer, a registered medical practitioner or a nurse permission under this section unless satisfied a lawful authority exists for the taking of a DNA profile sample from the prisoner.

(3)The Governor may give a police officer and any registered medical practitioner or nurse who accompanies the police officer a direction—

(a)that is necessary for the management or good order or security of the prison; or

(b)to leave the prison.

(4)In this section—

DNA authority means—

(a)a direction given under section 464ZFAB of the Crimes Act 1958;

(b)an authorisation given under section 464ZFAC of the Crimes Act 1958;

DNA profile sample has the same meaning as it has in section 464(2) of the Crimes Act 1958.".

Division 3—Amendment of the Sex Offenders Registration Amendment (Miscellaneous) Act 2017

80Forensic procedure for registrable offenders under the Sex Offenders Registration Act 2004

(1)In section 53(2) of the Sex Offenders Registration Amendment (Miscellaneous) Act 2017, in proposed section 464ZFAB(10) of the Crimes Act 1958, for "undergo a forensic procedure" substitute "have a DNA profile sample taken".

(2)In section 53(2) of the Sex Offenders Registration Amendment (Miscellaneous) Act 2017, in proposed section 464ZFAB(13) of the Crimes Act 1958—

(a)for "undergoes a forensic procedure" substitute "has a DNA profile sample taken";

(b)in paragraph (a), for "undergo the forensic procedure" substitute "have the DNA profile sample taken".

Part 9—Amendment of other Acts

Division 1—Confiscation Act 1997

81New section 193 inserted

At the end of Part 18 of the Confiscation Act 1997 insert—

"193   Further transitional—Justice Legislation Amendment (Police and Other Matters) Act 2019

(1)On the commencement of section 82 of the Justice Legislation Amendment (Police and Other Matters) Act 2019, this Act applies to an offence specified in item 3A of Schedule 1, whether that offence is alleged to have been committed before or after that commencement.

(2)On the commencement of section 83 of the Justice Legislation Amendment (Police and Other Matters) Act 2019, this Act applies to an offence specified in clause 11, 12 or 13 of Schedule 2, whether that offence is alleged to have been committed before or after that commencement.".

82Schedule 1—Offences—Forfeiture on court order

After item 3 of Schedule 1 to the Confiscation Act 1997 insert—

"3A.An offence against any of the following provisions of the Australian Consumer Law (Victoria)—

(a)section 158(1) (accepting payment or other consideration for goods or services and not intending to supply the goods or services);

(b)section 158(3) (accepting payment or other consideration for goods or services and intending to supply materially different goods or services).".

83Schedule 2—Offences—Automatic forfeiture and civil forfeiture

At the end of Schedule 2 to the Confiscation Act 1997 insert—

"11.An offence against section 158(1) or (3) of the Australian Consumer Law (Victoria) where—

(a)only one offence against section 158(1) or (3) of the Australian Consumer Law (Victoria) is charged and the value of the payment or other consideration is $50 000 or more; or

(b)more than one offence against section 158(1) or (3) of the Australian Consumer Law (Victoria) is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the combined value of the payment or other consideration is $75 000 or more.

12.An offence against section 78(1)(a) or (b) of the Conveyancers Act 2006 where—

(a)only one offence against section 78(1)(a) or (b) of the Conveyancers Act 2006 is charged and the value of the deficiency or the money not paid or delivered is $50 000 or more; or

(b)more than one offence against section 78(1)(a) or (b) of the Conveyancers Act 2006 is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the combined value of the deficiency or the money not paid or delivered is $75 000 or more.

13.An offence against section 91(1)(a), (b) or (c) of the Estate Agents Act 1980 where—

(a)only one offence against section 91(1)(a) of the Estate Agents Act 1980 is charged and the moneys fraudulently converted to own use are $50 000 or more; or

(b)only one offence against section 91(1)(b) of the Estate Agents Act 1980 is charged and the moneys fraudulently omitted to account for deliver or pay are $50 000 or more; or

(c)only one offence against section 91(1)(c) of the Estate Agents Act 1980 is charged and the discrepancy in the account fraudulently rendered is $50 000 or more; or

(d)more than one offence against section 91(1)(a), (b) or (c) of the Estate Agents Act 1980 is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the combined moneys are $75 000 or more.".

Division 2—Sentencing Act 1991

84Custodial sentence must be imposed for offences against sections 317AC and 317AD in certain circumstances

In section 10AE(1) of the Sentencing Act 1991, for "in of the" substitute "in the".

85Special reasons relevant to imposing minimum non‑parole periods

(1)In section 10A(2) of the Sentencing Act 1991, for "10AC or 10AD" substitute "10AC, 10AD or 10AE".

(2)In section 10A(3)(ad) of the Sentencing Act 1991—

(a)omit "of not less than 3 years";

(b)after "imposed" insert "and that a non-parole period of not less than 3 years should ordinarily be fixed".

(3)In section 10A(3)(ae) of the Sentencing Act 1991—

(a)omit "of not less than 3 years";

(b)after "imposed" insert "and that a non-parole period of not less than 3 years should ordinarily be fixed".

(4)After section 10A(3)(ae) of the Sentencing Act 1991 insert—

"(af)the Parliament's intention that a sentence of imprisonment should ordinarily be imposed and that a non-parole period of not less than 2 years should ordinarily be fixed for an offence covered by section 10AE; and".

86New section 169 inserted

At the end of Part 12 of the Sentencing Act 1991 insert—

"169   Transitional provision—Justice Legislation Amendment (Police and Other Matters) Act 2019

Section 10A as amended by section 85 of the Justice Legislation Amendment (Police and Other Matters) Act 2019 applies to a sentence imposed on or after the commencement of section 85 of that Act, irrespective of when the offence was committed.".

87Statute law revision—section 16 of the Sentencing Act 1991

(1)Section 16(1A)(f) of the Sentencing Act 1991 is repealed.

(2)After section 16(1A)(e) of the Sentencing Act 1991 insert—

"(f)on a young offender because of the operation of section 33(1A); or".

88Statute law revision—Part 12 of the Sentencing Act 1991

(1)In section 160A of the Sentencing Act 1991, for "160A" substitute "162".

(2)In section 161 of the Sentencing Act 1991 (where secondly occurring), for "161" substitute "163".

(3)In section 163 of the Sentencing Act 1991, for "163" substitute "164".

(4)In section 162 of the Sentencing Act 1991, for "162" substitute "165".

(5)In section 164 of the Sentencing Act 1991, for "164" substitute "166".

(6)In section 168 of the Sentencing Act 1991, for "168" substitute "167".

(7)In section 169 of the Sentencing Act 1991, for "169" substitute "168".

Division 3—Victoria Police Act 2013

89Maternity and parental leave amendments

(1)For sections 28(5)(d), 32(6)(d), 39(5)(d) and 41(6)(d) of the Victoria Police Act 2013 substitute—

"(d)parental leave of one month or more continuously;".

(2)In section 54(8) of the Victoria Police
Act 2013, in the definition of excluded leave, for paragraph (a) substitute—

"(a)parental leave; or".

Division 4—Road Safety Act 1986

90Definitions for the purposes of Part 6A

In section 84C(1) of the Road Safety Act 1986, in the definition of relevant offence—

(a)in paragraph (a), for subparagraph (xvii) substitute—

"(xvii)an offence against section 317AC, 317AD, 317AE, 317AF or 317AG of the Crimes Act 1958;";

(b)in paragraph (b), subparagraph (iv) is repealed.

91Transitional provision—Crimes Legislation Amendment (Protection of Emergency Workers and Others) Act 2017

(1)In section 103ZL(1) of the Road Safety
Act 1986, for "section 24" substitute "section 23".

(2)In section 103ZL(2) of the Road Safety Act 1986—

(a)for "subsection (2)" substitute "subsection (1)";

(b)for "section 24" substitute "section 23".

92New section 103ZLA inserted

After section 103ZL of the Road Safety Act 1986 insert—

"103ZLA   Transitional provision—Justice Legislation Amendment (Police and Other Matters) Act 2019

(1)The amendment to the definition of relevant offence in section 84C(1) made by section 90 of the Justice Legislation Amendment (Police and Other Matters) Act 2019 applies only to offences alleged to have been committed on or after the commencement of that section of that Act.

(2)For the purposes of subsection (1), if an offence is alleged to have been committed between 2 dates, one before and one after the commencement of section 90 of the Justice Legislation Amendment (Police and Other Matters) Act 2019, the offence is alleged to have been committed before that commencement.".

Part 10—Repeal of amending Act

93Repeal of amending Act

This Act is repealed on the first anniversary of the first day on which all of its provisions are in operation.

Note

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

of the InterpretationofLegislation 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: 6 February 2019

Legislative Council: 21 February 2019

The long title for the Bill for this Act was "A Bill for an Act to amend the Bail Act 1977, the Confiscation Act 1997, the Corrections Act 1986, the Crimes Act 1958, the Drugs, Poisons and Controlled Substances Act 1981, the Firearms Act 1996, the Magistrates' Court Act 1989, the Protected Disclosure Act 2012, the Road Safety Act 1986, the Second‑Hand Dealers and Pawnbrokers Act 1989, the Sentencing Act 1991, the Sex Offenders Registration Act 2004, the Sex Offenders Registration Amendment (Miscellaneous) Act 2017, the Surveillance Devices Act 1999, the Victoria Police Act 2013 and for other purposes."