Justice Legislation Further Amendment Act 2010 (Vic)
Justice Legislation Further Amendment Act 2010
No. 64 of 2010
table of provisions
Section Page
Part 1—Preliminary
1Purposes
2Commencement
Part 2—Crimes Act 1958
3Offences in relation to recordings
4Retention of copy of recording
5Use of recordings for training, teaching or testing purposes
6New section 616 inserted
616Transitional provision—Justice Legislation Further Amendment Act 2010
Part 3—Liquor Control Reform Act 1998
7New Part inserted
Part 8B—Closure and Evacuation of Licensed Premises for Fire and Emergency Purposes
Division 1—Preliminary
148SDefinitions
Division 2—Power of Entry and Inspection
148TAppointment of fire safety inspector
148UFire safety inspector's identity card
148VProduction of identity card
148WEntry and search of certain premises for serious fire threat
148XSearch of premises after entry authorised by any other Act
148YRequirement to assist the fire safety inspector during search of certain premises
148ZRefusal or failure to comply with requirement
148ZAOffence to refuse entry to a fire safety inspector
148ZBOffence to give false or misleading information
Division 3—Closure and Evacuation Notices
148ZCAdvice of fire safety inspector as to serious fire threat
148ZDIssue of closure and evacuation notice
148ZEService of closure and evacuation notice
148ZFIssue and service of subsequent notice
148ZGContent of closure and evacuation notice
148ZHDirection to leave licensed premises
148ZIFire safety inspector may request assistance of police
148ZJOffence to fail or refuse to comply with a closure and evacuation notice or direction
148ZKOffence to allow entry
148ZLSign must be displayed
148ZMInjunction to prevent or restrain a contravention
148ZNNotification of completion of rectification work
148ZOInspection by fire safety inspector of rectification work
148ZPRevocation of closure and evacuation notice and subsequent notice
148ZQGiving advice or a decision in writing or orally
Division 4—Delegation
148ZRDelegation by the Director
Division 5—General
148ZSDisclosure of information for enforcement purposes
148ZTDisclosure of information by the Director
148ZUApplication for review of decision
148ZVApplication for inquiry
148ZWVCAT must not order a stay of the notice
148ZXPower to serve an infringement notice
148ZYInfringement penalties
148ZZSunset provision
8What may Tribunal do on an inquiry?
9Disqualification
10Endorsement of licence or permit by Tribunal
Part 4—Drugs, Poisons and Controlled
Substances Act 1981
11New Part VAB inserted
Part VAB—Ice Pipes
80HADefinition
80HBOffence to display an ice pipe in a retail outlet
80HCOffence to sell or supply an ice pipe
80HDSeizure of ice pipes
80HERetention and return of seized ice pipes
80HFMagistrates' Court may extend 3 month period
80HGForfeiture and destruction of seized ice pipe
80HHCourt may order forfeiture to the Crown
Part 5—Amendment of Other Acts
Division 1—Children, Youth and Families Act 2005
12Conditions of interim accommodation order
13Duration of interim accommodation order
14Extension of interim accommodation order
Division 2—Corrections Act 1986
15Secrecy
Division 3—Country Fire Authority Act 1958
16Penalties in relation to returns
17Penalty for failure to make payment
18Adjustment of contribution
Division 4—Emergency Management Act 1986
19Control of response to fires
Division 5—Fair Work (Commonwealth Powers) Act 2009
20Definitions
Division 6—Legal Profession Act 2004
21New section 6.7.1A inserted in Legal Profession Act 2004
6.7.1AFinancial arrangements for Public Purpose Fund
22Financial arrangements for Public Purpose Fund
Division 7—Metropolitan Fire Brigades Act 1958
23Penalties in relation to returns
24Penalty for failure to make payment
25Adjustment of contribution
26Hotels theatres etc. to keep life-saving apparatus etc.
Division 8—Serious Sex Offenders (Detention and Supervision) Act 2009
27Offence to publish certain information
Part 6—Authorised Versions
28New Part V inserted—Authorised Versions
Part V—Authorised versions
60Definitions
61Effect of Part
62Authorisation of electronic version
63Printed copy of authorised electronic version
64Evidentiary provisions
Part 7—Missing Persons' Estates
29New Part 5A inserted
Part 5A—aDMINISTRATION ORDERS in Respect of the Estate of A mISSING pERSON
60AAApplication for administration in respect of the estate
of a missing person60ABAppointment of administrator in respect of the estate
of a missing person60ACAdministrator to notify Tribunal
60ADOrder to remove an administrator
60AEDuration of order
60AFApplication for temporary order
60AGTemporary order
60AHOperation of Part
60AIApplication of Parts 5, 6 and 6A
60AJApplication of objects of this Act
30Consequential amendment to purpose
31Consequential amendment to definitions
32Consequential amendment to objects of Act
33Consequential amendments to Schedule 1 of the Victorian
Civil and Administrative Tribunal Act 1998
Part 8—Amendment of Gambling Legislation
Division 1—Gambling Regulation Act 2003
34Definitions
35New section 1.3B inserted
1.3BMeaning of electronic monitoring system
36Definitions—Chapter 3
37Definitions—Part 2A of Chapter 3
38Authority conferred by venue operator's licence
39New section 3.4.1B inserted
3.4.1BVenue operator must comply with standards and operational requirements
40Authority conferred by monitoring licence
41New section 3.4.4B inserted
3.4.4BMonitoring licensee must comply with standards and operational requirements
42Authority conferred by gaming machine entitlements
43Gaming machine entitlements may authorise preparatory
action44Manufacture, sale, supply, obtaining or possession of gaming machines
45Wagering tax
46New sections 10.1.5B and 10.1.5C inserted
10.1.5BStandards for the approval of linked jackpot arrangements, the conduct of gaming and the conduct of monitoring
10.1.5COperational requirements in relation to linked jackpot arrangements, conduct of gaming and the conduct of monitoring
47New Part 25 of Schedule 7 inserted
Part 25—Gambling Legislation Amendment Act 2010
25.1Definition of electronic monitoring system
Division 2—Gambling Regulation Further Amendment Act 2009
48Definitions
49Possession of gaming machines may be authorised
50Licensing of operators
51Section 119 repealed—references to restricted gaming components or restricted monitoring components
52Section 126 repealed—references to restricted gaming components
53Section 127 repealed—references to restricted gaming components or restricted monitoring components
Part 9—Caypins Amendments
Division 1—Amendments to the Children, Youth and Families Act 2005
54Time limits for filing a charge-sheet
55Application for registration of infringement penalty
56Decision to go to Court
57New section 616A inserted
616ATransitional provision—Justice Legislation Further Amendment Act 2010 (Caypins)
Division 2—Amendments to Infringements Act 2006
58Decision to go to Court—lodgeable infringement offences
59Decision to go to court—children
Part 10—Judicial and Other Immunities
60Children, Youth and Families Act 2005—Protection of registrars
61Coroners Act 2008—Protection of coroners and registrars
62County Court Act 1958—New section 19 inserted
19Protection of registrars
63Magistrates' Court Act 1989—Protection of magistrates
64Magistrates' Court Act 1989—Protection of registrars
65Supreme Court Act 1986—Powers and functions of costs registrar
66Supreme Court Act 1986—New Division 3B of Part 2
insertedDivision 3B—Immunities and protections
24DImmunity and protection of Judge of Court extends to administrative functions
24EImmunity and protection of Associate Judges
24FImmunity and protection of specified court officers
67Victims of Crime Assistance Act 1996—Protection of members, advocates and witnesses
68Victorian Civil and Administrative Tribunal Act 1998—Immunity of participants
Part 11—Amendment of Prostitution Control Act 1994
69New Part 2A inserted
Part 2A—Banning Notices
21BDefinitions
21CIssue of banning notice
21DContent of banning notice
21ERequirement to give name and address
21FVariation and revocation of banning notice
21GOffence to contravene banning notice or fail to comply with police directions
21HDirection to leave declared area
21IPolice may use reasonable force to remove person
21JInfringement notices
21KRelevant police members
21LReport by Chief Commissioner
21MSunset provision
Part 12—Repeal of Amending Act
70Repeal of amending Act
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Endnotes
Justice Legislation Further Amendment Act 2010
No. 64 of 2010
[Assented to 28 September 2010]
The Parliament of Victoria enacts:
Part 1—Preliminary
1Purposes
The main purposes of this Act are—
(a)to amend the Liquor Control Reform Act 1998 to provide for processes as to closure and evacuation of a licensed premises in relation to fire or an emergency;
(b)to amend the Corrections Act 1986 to enable the Sheriff to access and use information controlled by Corrections Victoria in the performance of duties;
(c)to amend the Crimes Act 1958 to enable agencies, other than the police force, investigating indictable criminal matters to utilise the digital evidence capture scheme;
(d)to amend the Drugs, Poisons and Controlled Substances Act 1981 to provide for the banning of the sale, supply and display of ice pipes in Victoria;
(e)to amend the Gambling Regulation Act 2003 and the Gambling Regulation Further Amendment Act 2009 to make further provision in relation to—
(i)the regulatory arrangements for monitoring and linked jackpots; and
(ii)the payment of taxes in respect of wagering;
(f)to amend the Interpretation of Legislation Act 1984 to provide for authorised versions of legislation;
(g)to amend the Guardianship and Administration Act 1986 to enable the making of administration orders and temporary administration orders in respect of the estate of a missing person and to consequentially amend the Victorian Civil and Administrative Tribunal Act 1998;
(h)to amend the Children, Youth and Families Act 2005 and the Infringements Act 2006 in relation to extension of time to commence proceedings for certain offences for which an infringement notice is served;
(i)to amend the Supreme Court Act 1986, the County Court Act 1958, the Magistrates' Court Act 1989 and certain other Acts to extend the immunity provided to a Judge of the Supreme Court, an Associate Judge of the Supreme Court and other judicial and non-judicial officers;
(j)to amend the Serious Sex Offenders (Detention and Supervision) Act 2009 to enable media organisations to publish the identity and location of an offender, on the request of the police, in certain circumstances;
(k)to amend the Prostitution Control Act 1994 to provide for the issuing of banning notices in certain declared areas to persons who solicit the services of prostitutes contrary to section 12(2)(b) of that Act;
(l)to make minor amendment to these and other Acts.
2Commencement
(1)Part 1 and Part 9 come into operation on the day after the day on which this Act receives the Royal Assent.
(2)Part 2 comes into operation on 1 November 2010.
(3)Part 6 comes into operation on 1 January 2011.
(4)Section 21 is taken to have come into operation on 12 December 2005.
(5)Section 22 comes into operation on 1 July 2011.
(6)Subject to subsection (7), Part 7 comes into operation on a day to be proclaimed.
(7)If Part 7 does not come into operation before 1 July 2011 it comes into operation on that day.
(8)Subject to subsections (9), (10) and (11), the remaining provisions of this Act come into operation on a day or days to be proclaimed.
(9)If a provision of this Act referred to in subsection (8) (except Parts 8 and 11) does not come into operation before 1 October 2011, it comes into operation on that day.
(10)If a provision of Part 8 does not come into operation before 1 September 2012, it comes into operation on that day.
(11)If a provision of Part 11 does not come into operation before 1 January 2011, it comes into operation on that day.
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Part 2—Crimes Act 1958
3Offences in relation to recordings
(1)In section 464JA(1) of the Crimes Act 1958, in the definition of authorised person after paragraph (p) insert—
"(q)an investigating official or person acting under his or her direction;
(r)a person engaged by a Department or agency to store or retrieve a record.".
(2)For section 464JA(3)(a) of the Crimes Act 1958 substitute—
"(a)the recording is played for purposes connected with any civil or criminal proceeding and any inquiry before any court or tribunal; or".
(3)In section 464JA(6) of the Crimes Act 1958 after "a recording" insert "while the recording is being retained under section 464JC".
4Retention of copy of recording
(1)In section 464JC(1) of the Crimes Act 1958 insert the following definition—
"Department Head has the same meaning as in the Public Administration Act 2004;".
(2)In section 464JC(2) of the Crimes Act 1958, after "a recording" insert ", if the recording has been made by a member of the police force in the course of an investigation,".
(3)In section 464JC(2) of the Crimes Act 1958 omit "for a period of 7 years from the making of the recording".
(4)After section 464JC(2) of the Crimes Act 1958 insert—
"(2A)If the recording has been made by an authorised person who is not a member of the police force, the recording must be kept in the custody of the Department Head for the Department, where the authorised person made the recording in the course of carrying out duties for or on behalf of that Department.
(2B)A recording referred to in subsection (2) or (2A) must be kept for a period of 7 years from the making of the recording.".
(5)In section 464JC(3) of the Crimes Act 1958, after "Chief Commissioner of Police" insert "or the Department Head".
(6)In section 464JC(5) of the Crimes Act 1958—
(a)in paragraph (a), after "Chief Commissioner of Police" insert "or the Department Head";
(b)in paragraph (b), after "Chief Commissioner of Police" insert "or the Department Head".
5Use of recordings for training, teaching or testing purposes
(1)In the definition of prescribed person in section 464JD(1) of the Crimes Act 1958—
(a)at the end of paragraph (c) omit "or";
(b)after paragraph (d) insert—
"(e)an investigating official or a person acting under his or her direction;".
6New section 616 inserted
At the end of Part 7 of the Crimes Act 1958 insert—
"616 Transitional provision—Justice Legislation Further Amendment Act 2010
The amendments made to sections 464JA, 464JC and 464JD by Part 2 of the Justice Legislation Further Amendment Act 2010 apply to an audio recording or an audiovisual recording made on or after the commencement of that Part.".
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Part 3—Liquor Control Reform Act 1998
7New Part inserted
After Part 8A of the Liquor Control Reform Act 1998 insert—
"Part 8B—Closure and Evacuation of Licensed Premises for Fire and Emergency Purposes
Division 1—Preliminary
148SDefinitions
In this Part—
authorised person has the same meaning as in Division 3 of Part 8;
Chief Officer means—
(a)in relation to licensed premises in the metropolitan district (within the meaning of the Metropolitan Fire Brigades Act 1958) the Chief Officer of the Metropolitan Fire and Emergency Services Board appointed under the Metropolitan Fire Brigades Act 1958; or
(b)in relation to any other premises, the Chief Officer of the Country Fire Authority appointed under the Country Fire Authority Act 1958;
closure and evacuation notice means a notice issued under section 148ZD;
emergency has the same meaning as in the Metropolitan Fire Brigades Act 1958;
fire safety inspector means the Chief Officer or a person appointed under section 148T;
municipal building surveyor has the same meaning as in the Building Act 1993;
premises searched means that part of a premises that a fire safety inspector may enter and search under section 148W(1);
serious fire threat means, in relation to a licensed premises, a serious threat that exists or could arise to the health or safety of any person in, or in close proximity to the premises in relation to fire or an emergency.
Division 2—Power of Entry and Inspection
148TAppointment of fire safety inspector
The Chief Officer may, by instrument, appoint as a fire safety inspector any person—
(a)who is a person employed by the Board under section 25B of the Metropolitan Fire Brigades Act 1958 or;
(b)who is an employee appointed under the Country Fire Authority Act 1958.
148UFire safety inspector's identity card
(1)The Chief Officer must issue an identity card to each fire safety inspector.
(2)An identity card must contain—
(a)the photograph and name of the fire safety inspector to whom it is issued; and
(b)a statement that the fire safety inspector is able to exercise the powers of entry and search under this Part.
148VProduction of identity card
(1)A fire safety inspector must produce his or her identity card for inspection—
(a)before exercising a power under this Part other than a requirement made by post; and
(b)at any time during the exercise of a power under this Part, if asked to do so.
Penalty:1 penalty unit.
(2)Any action or thing done by a fire safety inspector is not invalidated by his or her failure to produce his or her identity card.
148WEntry and search of certain premises for serious fire threat
(1)A fire safety inspector may enter, at any time without prior notice that part of any premises that is—
(a)licensed premises; or
(b)in close proximity to licensed premises—
(with the assistance, if necessary, of a member of the police force) if he or she suspects on reasonable grounds that there is a serious fire threat to those premises.
Note
A part of the premises that is in close proximity to the licensed premises include an area used for the management or operation of the business such as a kitchen or storage area.
(2)On entering the premises under subsection (1), the fire safety inspector may do all or any of the following—
(a)search, examine and make enquires at the premises;
(b)search and examine any thing including a document, record, equipment or thing found during the search which the fire safety inspector reasonably believes may assist in determining if there is a serious fire threat;
(c)make copies of any document;
(d)make a sketch or any still or moving image or audio-visual recording of any equipment or thing found during the search.
(3)If a fire safety inspector exercises a power of entry under this section, the fire safety inspector must, on leaving the premises, leave a notice setting out—
(a)the time of entry; and
(b)the purpose of entry; and
(c)the time of departure; and
(d)the procedure for contacting the fire safety inspector for further details of the entry.
(4)A fire safety inspector must not exercise a power under this section in any part of a premises that is used for residential purposes.
148XSearch of premises after entry authorised by any other Act
(1)If a fire safety inspector, under any other Act, enters a premises on which a licensed premises is situated, and the fire safety inspector believes on reasonable grounds that there is a serious fire threat in relation to the licensed premises or premises in close proximity to the licensed premises, he or she may carry out a search of the premises under section 148W.
(2)Before conducting a search in circumstances where subsection (1) applies, the fire safety inspector must advise the licensee or permittee or person who appears to have management or control of the licensed premises that he or she is going to conduct the search.
148YRequirement to assist the fire safety inspector during search of certain premises
A fire safety inspector in the course of carrying out a search under this Part may to the extent that it is reasonably necessary to determine a serious fire threat in relation to the licensed premises require the licensee or permittee or person who appears to have management or control of the licensed premises—
(a)to give information to the fire safety inspector orally or in writing; or
(b)to produce documents to the fire safety inspector; or
(c)to give reasonable assistance to the fire safety inspector in the exercise of the power.
148ZRefusal or failure to comply with requirement
A person must not, without reasonable excuse, refuse or fail to comply with a requirement of a fire safety inspector under section 148Y.
Penalty:60 penalty units.
148ZAOffence to refuse entry to a fire safety inspector
A licensee, permittee or person who appears to have management or control of a licensed premises must not refuse to allow a fire safety inspector to enter the premises.
Penalty:60 penalty units.
148ZBOffence to give false or misleading information
A person must not—
(a)give information to a fire safety inspector under this Part that the person believes to be false or misleading in any material particular; or
(b)produce a document to a fire safety inspector under this Part that the person knows to be false or misleading in a material particular without indicating the respect in which it is false or misleading and, if practicable, providing correct information.
Penalty:60 penalty units.
Division 3—Closure and Evacuation Notices
148ZCAdvice of fire safety inspector as to serious fire threat
(1)A fire safety inspector who reasonably believes that a serious fire threat to a premises searched exists must advise the Director of his or her belief.
(2)In forming a reasonable belief under subsection (1) a fire safety inspector may have regard to—
(a)any inadequacy of existing fire safety equipment or features on the premises; or
(b)any failure to maintain existing fire safety equipment or features to a standard of safety and reliability in the event of a fire; or
(c)any inadequacy of exit signage, emergency lighting or access to the means of egress from the premises; or
(d)any inadequacy, isolation or disconnection of a fire or smoke detection system, sprinkler system, alarm or alarm monitoring system, or other warning system; or
(e)any activity that is undertaken on the premises; or
(f)any such condition or combination of conditions on the premises.
(3)Before advising the Director under subsection (1) a fire safety inspector may if he or she believes it is appropriate to do so, having regard to the serious fire threat and the time required to rectify a matter on which the fire safety inspector has formed the reasonable belief—
(a)offer a licensee or permittee an opportunity to carry out immediate rectification work within the period of the search; and
(b)may require an additional temporary measure be taken while the immediate rectification work is carried out under paragraph (a).
Note
An additional temporary measure that may be required could include that alcohol is not served, the lights are turned on or music is not played or patrons not admitted to the premises during a period of time offered under section 148ZC(3).
148ZDIssue of closure and evacuation notice
(1)The Director on receipt of the advice of a fire safety inspector under section 148ZC(1) must, if satisfied that the requirements of this Part have been met, issue a notice—
(a)requiring the licensed premises to be closed; and
(b)requiring the licensed premises to be evacuated.
(2)If the Director on receipt of the advice of a fire safety inspector under section 148ZC(1) is not satisfied that the requirements of this Part have been met, he or she may—
(a)instruct the fire safety inspector to satisfy any requirement of this Part; or
(b)instruct the fire safety inspector to leave the premises searched without taking further action.
(3)The Director must record in writing any instruction given to a fire safety inspector under subsection (2) and the issuing of a notice under subsection (1).
148ZEService of closure and evacuation notice
(1)On the Director issuing a closure and evacuation notice, the fire safety inspector on whose advice the notice was issued must sign a copy of the notice that complies with section 148ZG and serve the copy of the notice on the licensee, permittee or person who appears to have management or control of the licensed premises.
(2)A closure and evacuation notice comes into effect when the copy of the notice is served under subsection (1).
148ZFIssue and service of subsequent notice
(1)The Director on receipt of the advice of a fire safety inspector may issue a subsequent notice in relation to work that must be completed to rectify the fire safety threat contained in a notice issued under section 148ZD.
(2)The Director must record in writing the issuing of a subsequent notice under subsection (1).
(3)On the Director issuing a subsequent notice, the fire safety inspector on whose advice the notice was issued must sign a copy of the subsequent notice and serve a copy of the notice on the licensee, permittee or person who appears to have management or control of the licensed premises within 48 hours after the service of the initial closure and evacuation notice.
148ZGContent of closure and evacuation notice
A closure and evacuation notice must be in the prescribed form and must contain the following information—
(a)the name and address of the licensed premises to which the notice applies; and
(b)the name and position of the fire safety inspector that served the notice; and
(c)the time and date that the notice was given and takes effect; and
(d)the work that must be completed to the satisfaction of the fire safety inspector to rectify the serious fire threat; and
(e)the fact that the licensee or permittee may request the fire safety inspector conduct an inspection of work completed to rectify a serious fire threat; and
(f)the fact that the licensee or permittee must notify the Director in writing that the work to rectify a serious fire threat has been completed; and
(g)the fact that the notice may be revoked by the Director under section 148ZP; and
(h)the fact that it is an offence not to comply with the notice; and
(i)the fact that it is an offence to allow a person to enter the licensed premises until the notice is revoked except to a person engaged in carrying out the rectification work specified in this notice; and
(j)the fact that it is an offence not to display the sign at all entrances and exits of the licensed premises; and
(k)the maximum penalties for those offences; and
(l)the fact that the fire safety inspector may within 48 hours after the service of an initial closure and evacuation notice provide a subsequent notice containing additional information about the work that must be completed to rectify the serious fire threat.
148ZHDirection to leave licensed premises
(1)Subject to subsection (2), a fire safety inspector or an authorised person while a closure and evacuation notice is in force may direct any person in the licensed premises to which the notice applies to leave the licensed premises in the manner directed.
(2)The fire safety inspector or an authorised person must—
(a)produce his or her identity card before exercising a power under subsection (1); and
(b)inform the person that—
(i)the fire safety inspector or authorised person is empowered to direct the person to leave the licensed premises; and
(ii)it is an offence to fail to comply with the direction.
(3)A direction under subsection (1)—
(a)may be given orally or in writing; and
(b)must be reasonable in all the circumstances.
(4)A member of the police force may exercise a power under this section if a request for assistance has been made under section 148ZI by the fire safety inspector.
148ZIFire safety inspector may request assistance of police
The fire safety inspector may request the assistance of a member of the police force to effect the immediate closure and evacuation of a licensed premises under a closure and evacuation notice.
148ZJOffence to fail or refuse to comply with a closure and evacuation notice or direction
(1)A licensee or permittee to whom a closure and evacuation notice applies must not contravene the notice.
Penalty:240 penalty units.
(2)A person must comply with any direction given by a fire safety inspector or an authorised person under section 148ZH.
Penalty:20 penalty units.
148ZKOffence to allow entry
After the service of a closure and evacuation notice a licensee or permittee must not allow a person to enter the licensed premises until the notice is revoked under section 148ZP, except to allow entry to a person engaged in carrying out the rectification work specified in the notice.
Penalty:120 penalty units.
148ZLSign must be displayed
(1)A licensee or permittee must cause a sign to be displayed at all entrances and exits of the licensed premises when a closure and evacuation notice is in force in respect of the premises.
Penalty:10 penalty units.
(2)A sign displayed under subsection (1), must be in a form approved by the Director and include the prescribed particulars.
148ZMInjunction to prevent or restrain a contravention
The Director may apply to the Supreme Court for an injunction to prevent or restrain the licensee or permittee from contravening a closure and evacuation notice.
148ZNNotification of completion of rectification work
(1)The licensee or permittee must give notice to the Director in writing on completion of the rectification work required by a closure and evacuation notice and a subsequent notice issued under section 148ZF if any.
(2)The Director on receiving notice under subsection (1) must request that a fire safety inspector inspect the licensed premises.
(3)The fire safety inspector must inspect the premises within 48 hours of being requested to do so by the Director under subsection (2).
148ZOInspection by fire safety inspector of rectification work
On inspecting the licensed premises under section 148ZN(3) or on request of the licensee or permittee, the fire safety inspector must advise the Director if the work required to rectify the serious fire threat has or has not been satisfactorily completed.
148ZPRevocation of closure and evacuation notice and subsequent notice
(1)If the fire safety inspector advises the Director that the work required to rectify the serious fire threat has been satisfactorily completed, the Director must revoke the closure and evacuation notice and any subsequent notice.
(2)If the Director revokes the closure and evacuation notice and any subsequent notice under subsection (1) the fire safety inspector must sign a document that records the revocation of the notice and any subsequent notice and serve the document on the licensee, permittee or a person who appears to have management or control of the licensed premises.
(3)The revocation of the closure and evacuation notice and any subsequent notice comes into effect on the service of the document under subsection (2).
(4)A document under subsection (2) must be in the prescribed form.
(5)The Director must record in writing a decision to revoke a closure and evacuation notice and any subsequent notice.
148ZQGiving advice or a decision in writing or orally
(1)A fire safety inspector may give advice under section 148ZC, 148ZF or 148ZO to the Director in writing or orally.
(2)The Director may advise a fire safety inspector of an instruction or decision under section 148ZD, 148ZF or 148ZP in writing or orally.
(3)If a fire safety inspector signs and serves a document under this Part after receiving oral advice as to an instruction or direction of the Director, a copy of the document must be provided to the Director within 48 hours.
(4)If the Director has advised the fire safety inspector orally as to an instruction or direction under this Part, the Director must provide a copy of the record of decision or instruction to the fire safety inspector within 5 working days of giving advice of the instruction or decision orally.
Division 4—Delegation
148ZRDelegation by the Director
(1)The Director by instrument may delegate to an employee employed under Part 3 of the Public Administration Act 2004 any power, duty or function of the Director under this Part, other than this power of delegation.
(2)A delegation under subsection (1) may be made—
(a)in relation to a person specified in the instrument of delegation; or
(b)in relation to the holder, or the holder from time to time, of an office specified, in the instrument of delegation.
Division 5—General
148ZSDisclosure of information for enforcement purposes
(1)If the Director obtains information in the course of administering or carrying out functions, powers or duties under this Part, the Director may disclose that information to—
(a)the Chief Officer, and
(b)subject to section 148ZT a municipal building surveyor of a Council; and
(c)a member of the police force.
(2)The information that may be disclosed by the Director to a person under subsection (1) includes—
(a)the fact that a closure and evacuation notice has been issued; and
(b)the name of the licensee or permittee to whom the closure and evacuation notice has been issued; and
(c)the time and date that the closure and evacuation notice took effect; and
(d)a copy of the closure and evacuation notice; and
(e)any subsequent notice; and
(f)any information related to a search conducted under section 148W that the Director considers necessary for the purpose of the effective and efficient enforcement of a relevant provision of the Building Act 1993; and
(g)the fact that the closure and evacuation notice has been revoked.
(3)Any information disclosed by the Director under subsection (2) must not be used by—
(a)the Chief Officer, except for the enforcement of this Part or a relevant provision of the Metropolitan Fire Brigades Act 1958 or the Country Fire Authority Act 1958; and
(b)a municipal building surveyor of a Council, except for the enforcement of this part or a relevant provision of the Building Act 1993 or the Local Government Act 1989; and
(c)a member of the police force, except for the enforcement of this Part.
148ZTDisclosure of information by the Director
(1)If a Director issues a closure and evacuation notice for a licensed premises the Director must disclose the following information to the municipal building surveyor of the Council within the municipal district of which the premises is situated within 5 working days of the issue of the notice—
(a)the fact that a notice has been issued; and
(b)the name of the licensee or permittee to whom notice has been issued; and
(c)the time and date that the notice took effect; and
(d)a copy of the notice; and
(e)any subsequent notice; and
(f)any other information related to the notice that the Director considers necessary for the purpose of the effective and efficient enforcement of a relevant provision of the Building Act 1993.
(2)If the licence of the licensed premises to which a closure and evacuation notice applies has been surrendered or suspended or cancelled the Director must disclose that fact to the municipal building surveyor of the Council within the municipal district of which the premises is situated within 5 working days of the surrender, suspension or cancellation.
(3)If the Director revokes a closure and evacuation notice and any subsequent notice for a licensed premises the Director must disclose that fact to the municipal building surveyor of the Council within the municipal district of which the premises is situated within 5 working days.
(4)Any information disclosed by the Director under subsections (1) or (2) must not be used by a municipal building surveyor, except for the enforcement of a relevant provision of the Building Act 1993 or Local Government Act 1989.
148ZUApplication for review of decision
A licensee or permittee who is served a closure and evacuation notice may apply to the Tribunal for review of the Director's decision to issue the notice under section 148ZD.
148ZVApplication for inquiry
If a person specified in section 90(2) considers that a licensee or permittee has contravened the terms of a closure and evacuation notice the person may apply to the Tribunal to conduct an inquiry under Division 1 of Part 6 into the licensee or permittee.
148ZWVCAT must not order a stay of the notice
Despite anything to the contrary in the Victorian Civil and Administrative Tribunal Act 1998, the Tribunal, in hearing an application for review of a decision to issue a closure and evacuation notice, must not order a stay of the notice.
148ZXPower to serve an infringement notice
(1)If an authorised person has reason to believe that a person has committed an offence referred to in subsection (2), he or she may serve an infringement notice on that person.
(2)An infringement notice may be served in respect of an offence against section 148ZJ(2) (refusal or failure to comply with a direction).
148ZYInfringement penalties
The infringement penalty for an offence against section 148ZJ(2) is 2 penalty units.
148ZZSunset provision
This Part is repealed on the second anniversary of the coming into operation of Part 3 of the Justice Legislation Further Amendment Act 2010.
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8What may Tribunal do on an inquiry?
In section 91(1) of the Liquor Control Reform Act 1998, after "section 90(1)" insert "or section 148ZV".
9Disqualification
In section 92(1) of the Liquor Control Reform Act 1998, after "section 91" insert "or section 148ZV".
10Endorsement of licence or permit by Tribunal
In section 93(1)(a) of the Liquor Control Reform Act 1998, after "section 91" insert "or section 148ZV".
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Part 4—Drugs, Poisons and Controlled Substances Act 1981
11New Part VAB inserted
After Part VA of the Drugs, Poisons and Controlled Substances Act 1981 insert—
"Part VAB—Ice Pipes
80HADefinition
In this Part—
ice pipe means a device—
(a)capable of being used or intended for use or designed for the introduction, or for introducing, into the body of a person the drug of dependence methylamphetamine, by means of smoking or inhaling of smoke or fumes resulting from the heating or burning of methylamphetamine in a crystalline form; or
(b)that is intended to be used as a device referred to in paragraph (a) but that is not capable of being so used because it needs adjustment, modification or addition.
80HBOffence to display an ice pipe in a retail outlet
(1)A person must not display an ice pipe in a retail outlet.
Penalty:In the case of a natural person 240 penalty units;
In the case of a body corporate 600 penalty units.
(2)In this section, retail outlet includes—
(a)a shop;
(b)a market.
80HCOffence to sell or supply an ice pipe
A person must not sell or supply an ice pipe.
Penalty:In the case of a natural person 240 penalty units;
In the case of a body corporate 600 penalty units.
80HDSeizure of ice pipes
A member of the police force may seize an ice pipe if he or she has reasonable grounds for suspecting that the ice pipe is displayed or is for sale or supply in contravention of this Part.
80HERetention and return of seized ice pipes
(1)If a member of the police force seizes an ice pipe under this Part, the member of the police force must take reasonable steps to return the ice pipe to the person from whom it was seized or its lawful owner if the reason for its seizure no longer exists.
(2)If the ice pipe seized under this Part has not been returned to the person from whom it was seized or its lawful owner within 3 months after it was seized, a member of the police force must take reasonable steps to return it to that person or owner unless—
(a)proceedings for the purpose for which the ice pipe was retained have commenced within that 3 month period and those proceedings (including any appeal) have not been completed; or
(b)the Magistrates' Court makes an order under section 80HF extending the period during which the ice pipe may be retained.
80HFMagistrates' Court may extend 3 month period
(1)A member of the police force may apply to the Magistrates' Court—
(a)within 3 months after an ice pipe is seized under this Part; or
(b)if an extension has been granted under this section, before the end of the period of the extension—
for an extension (not exceeding 3 months) of the period during which the ice pipe may be retained.
(2)The Magistrates' Court may make an order under this section if the Court is satisfied that—
(a)the making of the order is in the interests of justice; and
(b)the total period of retention does not exceed 12 months; and
(c)retention of the ice pipe is necessary for the purposes of an investigation into whether a contravention of this Part has occurred.
(3)At least 7 days prior to the hearing of an application under this section, the applicant must give notice of the application to the person from whom the ice pipe was seized or its lawful owner described in the application.
80HGForfeiture and destruction of seized ice pipe
(1)Subject to section 80HF, any ice pipe that a member of the police force has seized and retained under this Part is forfeited to the Crown if the member—
(a)cannot find the person from whom it was seized or its lawful owner, despite making reasonable enquiries; or
(b)cannot return it to the person from whom it was seized or its lawful owner, despite making reasonable efforts.
(2)Any ice pipe forfeited to the Crown under subsection (1) may be destroyed in any manner the Minister thinks fit.
80HHCourt may order forfeiture to the Crown
A court which finds a person guilty of an offence against section 80HB or 80HC may order that the ice pipe to which the offence relates—
(a)be forfeited to the Crown; and
(b)be destroyed in accordance with the order.
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Part 5—Amendment of Other Acts
Division 1—Children, Youth and Families Act 2005
12Conditions of interim accommodation order
(1)In section 263(1) of the Children, Youth and Families Act 2005—
(a)in paragraph (a) for "on the signing by the child of an undertaking to appear on" substitute "pending";
(b)in paragraph (a) omit ", of the relevant proceeding";
(c)in paragraph (b) omit "that hearing or resumption on the entering into (whether orally or in writing) by that parent of an undertaking to produce the child before the Court for";
(d)in paragraph (b) omit ", of the relevant proceeding";
(e)in paragraph (c) omit "hearing or resumption on the entering into (whether orally or in writing) by that person or those persons of an undertaking to produce the child before the Court for the";
(f)in paragraph (c) omit "of the relevant proceeding".
(2)Section 263(2) of the Children, Youth and Families Act 2005 is repealed.
13Duration of interim accommodation order
(1)In section 264(1) of the Children, Youth and Families Act 2005 for "or 263(1)(b)" substitute ", 263(1)(b), 263(1)(c) or 263(1)(d)".
(2)In section 264(2) of the Children, Youth and Families Act 2005 omit "(c), (d),".
14Extension of interim accommodation order
(1)In section 267(2) of the Children, Youth and Families Act 2005—
(a)in paragraph (a) for "or 263(1)(b)" substitute ", 263(1)(b), 263(1)(c) or 263(1)(d)";
(b)in paragraph (b) omit "(c), (d),".
Division 2—Corrections Act 1986
15Secrecy
In section 30(1) of the Corrections Act 1986 in the definition of position—
(a)in paragraph (d) for "powers." substitute "powers;";
(b)after paragraph (d) insert—
"(e)a person employed as a sheriff, deputy sheriff, sheriff's officer or appointed as a deputised person under Part 2 of the Sheriff Act 2009;
(f)a person to whom section 124J(1)(c) of the Magistrates' Court Act 1989 applies when exercising powers or performing functions in connection with the operations of a sub-contractor or contractor under an agreement under section 124B(1)(b) of the Magistrates' Court Act 1989.".
Division 3—Country Fire Authority Act 1958
16Penalties in relation to returns
(1)In section 78(4)(b) of the Country Fire Authority Act 1958 for "by the Governor in Council by Order in Council published in the Government Gazette" substitute "by notice under section 2 of the Penalty Interest Rates Act 1983".
(2)In section 78(5)(e) of the Country Fire Authority Act 1958 for "by the Governor in Council by Order in Council published in the Government Gazette" substitute "by notice under section 2 of the Penalty Interest Rates Act 1983".
17Penalty for failure to make payment
In section 80(1)(d) of the Country Fire Authority Act 1958 for "by the Governor in Council by Order in Council published in the Government Gazette" substitute "by notice under section 2 of the Penalty Interest Rates Act 1983".
18Adjustment of contribution
In section 81(1)(c) of the Country Fire Authority Act 1958 for "by the Governor in Council by Order in Council published in the Government Gazette" substitute "by notice under section 2 of the Penalty Interest Rates Act 1983".
Division 4—Emergency Management Act 1986
19Control of response to fires
In section 16(3) of the Emergency Management Act 1986 for "55A" substitute "55E".
Division 5—Fair Work (Commonwealth Powers) Act 2009
20Definitions
In section 3(1) of the Fair Work (Commonwealth Powers) Act 2009, in paragraph (a) of the definition of State subject matters for "Equal Opportunity Act 1995" substitute "Equal Opportunity Act 2010".
Division 6—Legal Profession Act 2004
21New section 6.7.1A inserted in Legal Profession Act 2004
After section 6.7.1 of the Legal Profession Act 2004 insert—
"6.7.1A Financial arrangements for Public Purpose Fund
(1)The Board may enter into a financial arrangement or obtain financial accommodation necessary or convenient to facilitate the investment of any money in the Public Purpose Fund.
(2)In this section—
(a)financial arrangement and financial accommodation have the same meanings as they have in the Borrowing and Investment Powers Act 1987; and
(b)for the avoidance of doubt, a financial arrangement or financial accommodation may include establishing an overdraft account with an ADI in the name of the Board to be secured against moneys standing to the credit of the Public Purpose Fund.".
22Financial arrangements for Public Purpose Fund
After section 6.7.1A(1) of the Legal Profession Act 2004 insert—
"(1A)A financial arrangement or financial accommodation under subsection (1) is invalid unless the Board has obtained the Treasurer's approval in writing for that financial arrangement or financial accommodation.".
Division 7—Metropolitan Fire Brigades Act 1958
23Penalties in relation to returns
(1)In section 41 of the Metropolitan Fire Brigades Act 1958—
(a)in subsection (4)(b) for "by the Governor in Council by Order in Council published in the Government Gazette" substitute "by notice under section 2 of the Penalty Interest Rates Act 1983";
(b)in subsection (5)(e) for "by the Governor in Council by Order in Council published in the Government Gazette" substitute "by notice under section 2 of the Penalty Interest Rates Act 1983".
24Penalty for failure to make payment
In section 43(1)(e) of the Metropolitan Fire Brigades Act 1958 for "by the Governor in Council by Order in Council published in the Government Gazette" substitute "by notice under section 2 of the Penalty Interest Rates Act 1983".
25Adjustment of contribution
In section 45(1)(c) of the Metropolitan Fire Brigades Act 1958 for "by the Governor in Council by Order in Council published in the Government Gazette" substitute "by notice under section 2 of the Penalty Interest Rates Act 1983".
26Hotels theatres etc. to keep life-saving apparatus etc.
Section 63 of the Metropolitan Fire Brigades Act 1958 is repealed.
Division 8—Serious Sex Offenders (Detention and Supervision) Act 2009
27Offence to publish certain information
After section 182(2) of the Serious Sex Offenders (Detention and Supervision) Act 2009 insert—
"(3)Despite subsection (1) a media organisation may publish the identity and location of an offender if the information is published—
(a)at the request of a member of the police force that disclosed that information; and
(b)for the purposes of subsection (2)(b) or (2)(c).
(4)In this section—
media organisation means a person or body that engages in journalism.".
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Part 6—Authorised Versions
28New Part V inserted—Authorised Versions
After Part IV of the Interpretation of Legislation Act 1984 insert—
"Part V—Authorised versions
60Definitions
In this Part—
authorised electronic version means an electronic version authorised by the Chief Parliamentary Counsel in accordance with section 62;
authorised version means—
(a)an authorised electronic version;
(b)a printed copy of an authorised electronic version in accordance with section 63;
electronic version means a version of legislation published on the Victorian Legislation Website by the Chief Parliamentary Counsel;
legislation means—
(a)an Act;
Note
Act is defined in section 38.
(b)a statutory rule;
Note
Statutory rule is defined in section 38.
(c)a consolidation of an Act as amended from time to time prepared by the Chief Parliamentary Counsel;
(d)a consolidation of a statutory rule as amended from time to time prepared by the Chief Parliamentary Counsel;
Victorian Legislation Website means of Part
This Part is in addition to, and does not derogate from, section 54.
62Authorisation of electronic version
(1)The Chief Parliamentary Counsel may authorise an electronic version.
(2)An electronic version is an authorised electronic version if—
(a)it is in the format authorised by the Chief Parliamentary Counsel;
(b)the words "Authorised Version" appear at the beginning of the version;
(c)the words "Authorised by the Chief Parliamentary Counsel" appear at the foot of each page of the version.
(3)An electronic version which does not comply with subsection (2) is not an authorised electronic version.
63Printed copy of authorised electronic version
A printed copy of an authorised electronic version is an authorised version only if it is printed directly from the authorised electronic version.
64Evidentiary provisions
(1)An authorised version is on the mere production of that authorised version admissible as evidence thereof before all courts and persons acting judicially within Victoria.
(2)It is presumed, unless the contrary is proved, that a document purporting to be an authorised version is what it purports to be.
Note
Document is defined in section 38.
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Part 7—Missing Persons' Estates
29New Part 5A inserted
After Part 5 of the Guardianship and Administration Act 1986 insert—
"Part 5A—aDMINISTRATION ORDERS in Respect of the Estate of A mISSING pERSON
60AAApplication for administration in respect of the estate of a missing person
(1)Any person may apply to the Tribunal for an order appointing an administrator in respect of the estate of a missing person.
(2)In addition to any other parties, the person proposed as administrator is a party to a proceeding on an application under subsection (1).
60ABAppointment of administrator in respect of the estate of a missing person
(1)If the Tribunal is satisfied that—
(a)the person in respect of whose estate an application has been made under section 60AA—
(i)is a missing person; and
(ii)usually resides in Victoria; and
(b)while the person is missing there is, or is likely to be, a need for a decision in relation to the person's financial matters or property; and
(c)it is in the best interests of the missing person for a person to be appointed to administer their estate while they are missing—
the Tribunal may make an order appointing an administrator.
Note
See section 49 as modified by section 60AI. An administrator acts in the best interests of the represented person by only taking actions necessary and desirable for the payment of the missing person's debts, the maintenance of the missing person's dependants and the care and maintenance of the missing person's estate.
(2)A person is a missing person for the purpose of making an order under subsection (1) if the Tribunal is satisfied that—
(a)it is not known whether the person is alive; and
(b)reasonable efforts have been made to find the person; and
(c)for at least 90 days, the person has not contacted—
(i)anyone who lives at the person's last-known home address; or
(ii)any relative or friend of the person with whom the person is likely to communicate.
(3)An order may be made under this section in respect of a person who is a missing person whether before or after the commencement of section 29 of the Justice Legislation Further Amendment Act 2010.
(4)Subject to subsection (5), an administrator may be appointed under subsection (1) to administer all or a specified part of the estate of the missing person.
(5)The Tribunal cannot make an order under subsection (1) in respect of the estate of a missing person if the estate or any part of the estate of the missing person is subject to—
(a)an order under section 24A of the Administration and Probate Act 1958; or
(b)an application for an order under section 24A of the Administration and Probate Act 1958.
Note
Section 24A of the Administration and Probate Act 1958 enables a trustee company to apply to the Supreme Court of Victoria for an order authorising the trustee company to do any act, matter or thing in relation to the property or affairs of the owner of property in Victoria in circumstances where among other things the owner cannot be found or it is not known whether the owner is alive or dead.
60ACAdministrator to notify Tribunal
An administrator must notify the Tribunal in writing without delay when the administrator becomes aware that—
(a)the represented person is alive (either in Victoria or elsewhere); or
(b)the represented person has died.
60ADOrder to remove an administrator
(1)The Tribunal may, by order, remove an administrator—
(a)on application by the represented person; or
(b)if satisfied, on application by the administrator or any other person, that—
(i)the represented person is alive; or
(ii)the represented person is dead; or
(iii)the represented person may be presumed to be dead.
(2)The Tribunal must, by order, remove an administrator—
(a)if the Supreme Court, on being satisfied of the death of the represented person, whether by direct evidence or on presumption of death, has made a grant of probate of the will or administration of the estate of the represented person under section 7 of the Administration and Probate Act 1958; or
(b)if the registrar of probates, on being satisfied of the death of the represented person, whether by direct evidence or on presumption of death, has made a grant of probate of the will or administration of the estate of the represented person under section 12 of the Administration and Probate Act 1958; or
(c)if the presumption of death has been successfully invoked in relation to a represented person for the purpose of any other proceeding before a court in Victoria or elsewhere in Australia; or
(d)if any part of the estate of the represented person becomes subject to an order under section 24A of the Administration and Probate Act 1958.
60AEDuration of order
(1)Subject to section 60AD, an order under section 60AB continues in effect for the period not exceeding 2 years as is specified in the order.
(2)An order under section 60AB may on the application of the administrator be renewed once for a further period not exceeding 2 years as is specified in the order if the Tribunal is satisfied that the matters specified in section 60AB continue to apply.
(3)Nothing in this section prevents a person applying for a new order in accordance with section 60AA if the previous order has expired.
Note
A person may apply at any time for a reassessment of an order under Part 6.
60AFApplication for temporary order
(1)Any person may apply to the Tribunal for a temporary order appointing an administrator in respect of the estate of a missing person.
(2)An application may be made under subsection (1) whether or not an application has been made to the Tribunal under section 60AA.
(3)Each person who would be entitled to notice under section 44 of an application under section 60AA is entitled to notice of the making of an application under this section, notice of the hearing of the application and notice of any order made by the Tribunal in respect of the application.
60AGTemporary order
(1)If the Tribunal is satisfied that—
(a)the person in respect of whose estate an application has been made under section 60AF—
(i)is a missing person; and
(ii)usually resides in Victoria; and
(b)while the person is missing there is, or is likely to be, a need for a decision in relation to the person's financial matters or property; and
(c)it is in the best interests of the missing person for a person to be appointed to administer their estate while they are missing—
the Tribunal may make a temporary order appointing any person who may be appointed under section 47(1) as an administrator.
(2)A person is a missing person for the purpose of making a temporary order under subsection (1) if the Tribunal is satisfied that—
(a)it is not known whether the person is alive; and
(b)reasonable efforts have been made to find the person; and
(c)for at least 90 days, the person has not contacted—
(i)anyone who lives at the person's last-known home address; or
(ii)any relative or friend of the person with whom the person is likely to communicate.
(3)An order may be made under this section in respect of a person who is a missing person whether before or after the commencement of section 29 of the Justice Legislation Further Amendment Act 2010.
(4)Subject to subsection (5), an administrator may be appointed under subsection (1) to administer all or a specified part of the estate of the missing person.
(5)The Tribunal cannot make a temporary order under subsection (1) in respect of the estate of a missing person if the estate or any part of the estate of the missing person is subject to—
(a)an order under section 24A of the Administration and Probate Act 1958; or
(b)an application for an order under section 24A of the Administration and Probate Act 1958.
Note
Section 24A of the Administration and Probate Act 1958 enables a trustee company to apply to the Supreme Court of Victoria for an order authorising the trustee company to do any act, matter or thing in relation to the property or affairs of the owner of property in Victoria in circumstances where among other things the owner cannot be found or it is not known whether the owner is alive or dead.
(6)A temporary order—
(a)remains in effect for such period not exceeding 21 days as is specified in the order; and
(b)may be renewed once for a further period not exceeding 21 days.
(7)The Tribunal must hold a hearing to determine whether an administrator should be appointed under section 60AB as soon as practicable after the making of a temporary order but within 42 days of making that order.
60AHOperation of Part
(1)This Part is not intended to exclude or limit the operation of the Administration and Probate Act 1958.
(2)A person who is a represented person only because of the operation of this Part is only a represented person for the purposes of—
(a)this Act and the regulations made under this Act;
(b)the Victorian Civil and Administrative Tribunal Act 1998 and the regulations and rules made under that Act;
(c)the State Trustees (State Owned Company) Act 1994 and the regulations made under that Act—
to the extent that it is necessary in order to give effect to this Part.
(3)A reference in any Act or regulation not specified in subsection (2) to a represented person is taken not to include a person who is a represented person only because of the operation of this Part.
60AIApplication of Parts 5, 6 and 6A
(1)For the purposes of this Part, Part 5 applies with the following modifications—
(a)as if sections 43, 46, 47(2)(b), 48(4), 50A, 52, 58AB, 58B(3), 58C, 59 and 60 were repealed;
(b)as if in section 45 for "section 43" there were substituted "section 60AA";
(c)as if in section 48(1) for "An" there were substituted "Subject to subsection (1A), an";
(d)as if after section 48(1) there were inserted—
"(1A)Despite subsection (1), the Tribunal must, in the order appointing the administrator, specify the kinds of decision the administrator may make and the parts of the estate in relation to which the power may be exercised.";
(e)as if for section 49(2) there were substituted—
"(2)For the purposes of subsection (1), an administrator acts in the best interests of the represented person if the administrator only takes any actions that the administrator considers are necessary or desirable for—
(a)the payment of the debts and engagements of, and otherwise for the benefit of, the represented person;
(b)the maintenance and benefit of dependants of the represented person;
(c)the care and management of the estate of the represented person.";
(f)as if in sections 57(2) and 58D(1) the words "or has died" were omitted;
(g)as if in section 58(1) for "section 46" there were substituted "section 60AB";
(h)as if in section 58B(1)(b) for "had legal capacity" there were substituted "were not missing";
(i)as if in section 58B(1)(c) for "under a legal disability" there were substituted "missing";
(j)as if for section 58B(2)(g) before "sell" there were inserted "with the approval of the Tribunal,";
(k)as if for section 58B(2)(o) there were substituted—
"(o)pay any sum for the maintenance of the spouse or domestic partner of the represented person or any child, parent or other person dependent on the represented person and for the maintenance and education of the children of the represented person as to the administrator seems expedient and reasonable; and".
(2)For the purposes of this Part, Part 6 applies as if sections 60A(6)(b) and 60A(6)(c) were repealed.
(3)For the purposes of this Part, Part 6A applies as if sections 63A(a) and 63F were repealed.
60AJApplication of objects of this Act
For the purposes of this Part, section 4(2) applies with the following modifications—
(a)as if paragraph (a) was repealed;
(b)as if in paragraphs (b) and (c) for "person with a disability" there was substituted "missing person".
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30Consequential amendment to purpose
At the end of section 1 of the Guardianship and Administration Act 1986 insert—
"(2)It is also the purpose of this Act to enable the making of administration orders and temporary administration orders in respect of the estate of a missing person.".
31Consequential amendment to definitions
In section 3(1) of the Guardianship and Administration Act 1986—
(a)after paragraph (b) of the definition of administration order insert—
"or
(c)an order of the Tribunal appointing a person as an administrator or temporary administrator of the estate of a missing person under Part 5A;";
(b)for the definition of represented person substitute—
"represented person means—
(a)any person in respect of whom—
(i)a guardianship order is in effect; or
(ii)an administration order under Part 5 is in effect; or
(iii)both a guardianship order and an administration order under Part 5 are in effect; or
(b)any person whose estate is subject to an administration order or temporary administration order under Part 5A;
Note
See also section 60AH, which restricts the definition of represented person in relation to a person whose estate is subject to an order under Part 5A.".
32Consequential amendment to objects of Act
After section 4(1)(c) of the Guardianship and Administration Act 1986 insert—
"(ca)to enable the making of administration orders and temporary administration orders in respect of the estate of a missing person; and".
33Consequential amendments to Schedule 1 of the Victorian Civil and Administrative Tribunal Act 1998
(1)In clause 31(1) of Schedule 1 of the Victorian Civil and Administrative Tribunal Act 1998 after "Part 5" insert "or for an order or temporary order under Part 5A".
(2)After clause 32(2) of Schedule 1 of the Victorian Civil and Administrative Tribunal Act 1998 insert—
"(3)Subclause (2) does not apply to an application for an order or temporary order appointing an administrator in respect of the estate of a missing person under Part 5A of the Guardianship and Administration Act 1986.".
(3)After clause 37(3) of Schedule 1 of the Victorian Civil and Administrative Tribunal Act 1998 insert—
"(4)This clause does not apply to an application for an order or temporary order appointing an administrator in respect of the estate of a missing person under Part 5A of the Guardianship and Administration Act 1986.".
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Part 8—Amendment of Gambling Legislation
Division 1—Gambling Regulation Act 2003
34Definitions
In section 1.3(1) of the Gambling Regulation Act 2003, for the definition of electronic monitoring system substitute—
"electronic monitoring system has the meaning given by section 1.3B;".
35New section 1.3B inserted
After section 1.3A of the Gambling Regulation Act 2003 insert—
"1.3B Meaning of electronic monitoring system
(1)For the purposes of this Act an electronic monitoring system is an electronic or computer or communications system or device that is so designed that it may be used, or adapted, to send or receive data from gaming equipment in relation to the security, accounting or operation of gaming equipment.
(2)In addition, for the purposes of this Act an electronic monitoring system includes any software, programming, electronic, computer or communications system or device to enable a venue operator to conduct gaming through a linked jackpot arrangement (other than a gaming machine, linked jackpot display or linked jackpot payout meter).".
36Definitions—Chapter 3
In section 3.1.2 of the Gambling Regulation Act 2003—
(a)for the definition of jackpot substitute—
"jackpot means the winnings determined by the outcome of a game or a non-game related event (such as a random event), which are payable from money that accumulates as contributions made to a jackpot special prize pool;";
(b)for the definition of linked jackpot arrangement substitute—
"linked jackpot arrangement means an arrangement under which a venue operator who holds a gaming machine entitlement may conduct gaming through 2 or more gaming machines that are linked;";
(c)the definition of linked jackpot equipment is repealed;
(d)in the definition of significant event—
(i)omit ", linked jackpot equipment";
(ii)for ", a gaming machine or linked jackpot equipment" substitute "or a gaming machine";
(iii)for ", gaming machine or linked jackpot equipment" (wherever occurring) substitute "or gaming machine".
37Definitions—Part 2A of Chapter 3
In section 3.2A.1 of the Gambling Regulation Act 2003, in the definition of monitoring licence, for "section 3.4.54(2)" substitute "section 3.4.52(2)".
38Authority conferred by venue operator's licence
(1)In section 3.4.1(1)(ad) of the Gambling Regulation Act 2003, for "the venue operator" substitute "the licensee".
(2)After section 3.4.1(1)(ad) of the Gambling Regulation Act 2003 insert—
"(ae)while holding a gaming machine entitlement, to conduct gaming through a linked jackpot arrangement; and".
(3)After section 3.4.1(1)(b) of the Gambling Regulation Act 2003 insert—
"(ba)while holding gaming machine entitlements, to acquire and possess gaming equipment; and
(bb)to possess monitoring equipment operated by the monitoring licensee for the purpose of providing monitoring services to the licensee, in accordance with an agreement between the licensee and the monitoring licensee; and".
(4)In section 3.4.1(2) of the Gambling Regulation Act 2003—
(a)for "gaming machines or restricted components" (where twice occurring) substitute "gaming equipment or monitoring equipment";
(b)for "gaming equipment or games" substitute "gaming equipment, monitoring equipment, games or jackpots".
39New section 3.4.1B inserted
After section 3.4.1A of the Gambling Regulation Act 2003 insert—
"3.4.1B Venue operator must comply with standards and operational requirements
(1)A venue operator must comply with—
(a)a standard made by the Commission under section 10.1.5B in respect of the conduct of gaming; or
(b)an operational requirement determined by the Commission under section 10.1.5C—
unless the Commission has, in writing, given its approval to the venue operator not to comply with the standard or operational requirement.
(2)A venue operator must not conduct gaming—
(a)through a linked jackpot arrangement that does not comply with a standard made by the Commission under section 10.1.5B in respect of such arrangements; or
(b)otherwise than in accordance with a standard made by the Commission under section 10.1.5B—
unless the Commission has, in writing, given its approval to the venue operator to conduct gaming through a linked jackpot arrangement that does not comply with the standard or to conduct gaming in a manner that does not comply with the standard.
(3)A venue operator must ensure that any gaming machines on which it conducts gaming comply with a standard made by the Commission under section 3.5.3, unless the Commission has, in writing, given its approval to the venue operator to conduct gaming on gaming machines that do not comply with the standard.".
40Authority conferred by monitoring licence
(1)For section 3.4.4(1)(b)(i) of the Gambling Regulation Act 2003 substitute—
"(i)detecting significant events in relation to the electronic monitoring system, a gaming machine or communications system or device associated with the electronic monitoring system or a gaming machine; and".
(2)For section 3.4.4(1)(c)(i) of the Gambling Regulation Act 2003 substitute—
"(i)detecting significant events in relation to the electronic monitoring system, a gaming machine or communications system or device associated with the electronic monitoring system or a gaming machine; and".
41New section 3.4.4B inserted
After section 3.4.4A of the Gambling Regulation Act 2003 insert—
"3.4.4B Monitoring licensee must comply with standards and operational requirements
(1)The monitoring licensee must comply with—
(a)a standard made by the Commission under section 10.1.5B in respect of the conduct of monitoring; or
(b)an operational requirement determined by the Commission under section 10.1.5C—
unless the Commission has, in writing, given its approval to the monitoring licensee not to comply with the standard or operational requirement.
(2)The monitoring licensee must not conduct monitoring—
(a)of linked jackpot arrangements that do not comply with a standard made by the Commission under section 10.1.5B in respect of such arrangements; or
(b)otherwise than in accordance with a standard made by the Commission under section 10.1.5B—
unless the Commission has, in writing, given its approval to the monitoring licensee to conduct monitoring of linked jackpot arrangements that do not to comply with the standard or to conduct monitoring in a manner that does not comply with the standard.
(3)The monitoring licensee must ensure that any technical equipment and systems it operates comply with a standard made by the Commission under section 10.1.5A, unless the Commission has, in writing, given its approval to the monitoring licensee to operate technical equipment and systems that do not comply with the standard.".
42Authority conferred by gaming machine entitlements
(1)In section 3.4A.2(1)(a) of the Gambling Regulation Act 2003, for "gaming machines and restricted components" substitute "gaming equipment".
(2)In section 3.4A.2(2) of the Gambling Regulation Act 2003—
(a)for "gaming machines or restricted components" (where twice occurring) substitute "gaming equipment or monitoring equipment";
(b)for "gaming equipment or games" substitute "gaming equipment, monitoring equipment, games or jackpots".
43Gaming machine entitlements may authorise preparatory action
(1)In section 3.4A.9(6) of the Gambling Regulation Act 2003 in paragraph (a) of the definition of preparatory action, for "gaming machines and restricted components" substitute "gaming equipment".
(2)In section 3.4A.9(6) of the Gambling Regulation Act 2003, in paragraph (ab) of the definition of preparatory action, for "gaming machines" substitute "gaming equipment".
44Manufacture, sale, supply, obtaining or possession of gaming machines
(1)In section 3.5.1(1) of the Gambling Regulation Act 2003, for "a gaming machine or a restricted component" substitute "gaming equipment or monitoring equipment".
(2)For section 3.5.1(4) of the Gambling Regulation Act 2003 substitute—
"(4)A person may manufacture, sell, supply, obtain or be in possession of gaming equipment or monitoring equipment if the equipment is for use outside Victoria and the person has the written authority of the Commission.".
(3)For section 3.5.1(6) of the Gambling Regulation Act 2003 substitute—
"(6)For the purposes of this section, a person is to be taken to be in possession of gaming equipment or monitoring equipment if—
(a)the equipment is in the physical possession or custody or control of the person or is on land or in premises occupied, used or controlled by the person; or
(b)the person controls access, either solely or jointly with other persons, to the equipment.".
45Wagering tax
(1)For section 4.6.3(1)(a) and (b) of the Gambling Regulation Act 2003 substitute—
"(a)the amount deducted under section 4.6.1(1) not attributable to sums invested by premium customers, less any amount referred to in subsection (2) not paid to premium customers in respect of each day on which the licensee or wagering operator conducts a totalisator, other than an exempt totalisator, on a wagering event or wagering events; and
(b)fractions relating to dividends paid to customers that are not premium customers in respect of the amount retained under section 4.6.2(3).".
(2)After section 4.6.3(1) of the Gambling Regulation Act 2003 insert—
"(1AA)The licensee must pay to the Treasurer a tax equal to the product of the prescribed rate and the sum of—
(a)the amount deducted under section 4.6.1(1) attributable to sums invested by premium customers, less any amount referred to in subsection (2) paid to premium customers, each day on which the licensee or wagering operator conducts a totalisator, other than an exempt totalisator, on a wagering event or wagering events; and
(b)fractions relating to dividends paid to premium customers in respect of the amount retained under section 4.6.2(3).
(1AB)The prescribed rate under subsection (1AA) must not be more than 19·11%.".
(3)For section 4.6.3(1A)(a) and (b) of the Gambling Regulation Act 2003 substitute—
"(a)the amount deducted under section 4.6.1(2) not attributable to sums invested by premium customers, less any amount referred to in subsection (2) not paid to premium customers, in respect of each day on which the licensee or wagering operator conducts a totalisator, other than an exempt totalisator, on a wagering event or wagering events; and
(b)fractions relating to dividends paid to customers that are not premium customers in respect of the amount retained under section 4.6.2(6).".
(4)After section 4.6.3(1A) of the Gambling Regulation Act 2003 insert—
"(1B)The wagering and betting licensee must pay to the Treasurer a tax equal to the product of the prescribed rate and the sum of—
(a)any amount of commission deducted under section 4.6.1(2) attributable to sums invested by premium customers, less any amount referred to in subsection (2) paid to premium customers, in respect of each day on which the licensee or wagering operator conducts a totalisator, other than an exempt totalisator, on a wagering event or wagering events; and
(b)fractions relating to dividends paid to premium customers in respect of the amount retained under section 4.6.2(6).
(1C)The prescribed rate under subsection (1B) must not be more than 7·6%.".
(5)After section 4.6.3(5) of the Gambling Regulation Act 2003 insert—
"(6)The Governor in Council, on the recommendation of the Treasurer, may make regulations for the purposes of this section.
(7)In this section premium customer means—
(a)in relation to the licensee or wagering operator, any person who invests more than a prescribed amount of money in totalisators conducted by the licensee or wagering operator in a financial year; or
(b)in relation to the wagering and betting licensee, any person who invests more than a prescribed amount of money in totalisators conducted by the wagering and betting licensee in a financial year.".
46New sections 10.1.5B and 10.1.5C inserted
After section 10.1.5A of the Gambling Regulation Act 2003 insert—
"10.1.5B Standards for the approval of linked jackpot arrangements, the conduct of gaming and the conduct of monitoring
(1)The Commission may, with the approval of the Minister, make and amend standards in respect of any of the following—
(a)linked jackpot arrangements;
(b)the conduct of gaming;
(c)the conduct of monitoring.
(2)Before making or amending a standard, the Commission must consult—
(a)the monitoring licensee; and
(b)each venue operator whose interests the Commission considers will be adversely affected by the making or amendment of the standard.
(3)The Commission must—
(a)publish a standard, and an amendment to a standard, on the Internet; and
(b)publish a notice of the making or amendment of a standard in the Government Gazette.
(4)A standard or amendment to a standard comes into force on the day specified in the notice of making published in the Government Gazette.
(5)A function of the Commission under this section may be performed by any Commissioner.
Note
Standards for the approval of gaming machines types and games are made by the Commission under section 3.5.3.
10.1.5COperational requirements in relation to linked jackpot arrangements, conduct of gaming and the conduct of monitoring
(1)The Commission may determine operational requirements in relation to any of the following—
(a)linked jackpot arrangements;
(b)the conduct of gaming;
(c)the conduct of monitoring.
(2)Without limiting subsection (1), the Commission may determine an operational requirement in respect of any of the following—
(a)information and reporting about the conduct of gaming or monitoring;
(b)testing of any of the following—
(i)gaming equipment;
(ii)monitoring equipment;
(iii)gaming machines and equipment required to be approved by the Commission under section 3.5.4;
(iv)an electronic monitoring system required to be approved by the Commission under section 3.5.13;
(c)responsible gambling measures the Commission may require a venue operator or the monitoring licensee to comply with.".
47New Part 25 of Schedule 7 inserted
After Part 24 of Schedule 7 to the Gambling Regulation Act 2003 insert—
"__________________
Part 25—Gambling Legislation Amendment Act 2010
25.1Definition of electronic monitoring system
The definition of electronic monitoring system in section 1.3, as in force immediately before the commencement of section 35 of the Justice Legislation Further Amendment Act 2010, continues to have effect until 15 August 2012 in relation to—
(a)the things the holder of the gaming operator's licence granted under Chapter 3 are authorised to do under that licence; and
(b)the things the holder of the gaming licence granted under Chapter 4 are authorised to do under that licence.".
Division 2—Gambling Regulation Further Amendment Act 2009
48Definitions
(1)In section 4(1), (2), (3) and (4) of the Gambling Regulation Further Amendment Act 2009, for "1.3" substitute "1.3(1)".
(2)In section 4(1) of the Gambling Regulation Further Amendment Act 2009, for paragraph (d) of the definition of gaming equipment proposed to be substituted in section 1.3(1) of the Gambling Regulation Act 2003 substitute—
"(d)linked jackpot display payout and linked jackpot payout meter;".
(3)In section 4(3) of the Gambling Regulation Further Amendment Act 2009, for the definition of monitoring equipment proposed to be inserted into section 1.3(1) of the Gambling Regulation Act 2003 substitute—
"monitoring equipment means any—
(a)electronic monitoring system;
(b)part of, or replacement part of, any such system;
(c)restricted monitoring component;".
49Possession of gaming machines may be authorised
In section 8(1) of the Gambling Regulation Further Amendment Act 2009—
(a)in proposed section 3.2.2(2A) of the Gambling Regulation Act 2003, for "a gaming machine or gaming equipment" (where twice occurring) substitute "gaming equipment or monitoring equipment";
(b)in proposed section 3.2.2(2B) of the Gambling Regulation Act 2003, for "a gaming machine or gaming equipment" substitute "gaming equipment or monitoring equipment";
(c)in proposed section 3.2.2(2C) of the Gambling Regulation Act 2003, for "gaming machine or gaming equipment" (where twice occurring) substitute "gaming equipment or monitoring equipment".
50Licensing of operators
In section 18 of the Gambling Regulation Further Amendment Act 2009, for proposed section 3.4.1(ac) of the Gambling Regulation Act 2003 substitute—
"(ac)while holding a gaming machine entitlement or under an authorisation under section 3.2.2(2B), sell or dispose of a gaming machine or gaming equipment acquired for the purpose of use in an approved venue operated by the licensee; and".
51Section 119 repealed—references to restricted gaming components or restricted monitoring components
Section 119 of the Gambling Regulation Further Amendment Act 2009 is repealed.
52Section 126 repealed—references to restricted gaming components
Section 126 of the Gambling Regulation Further Amendment Act 2009 is repealed.
53Section 127 repealed—references to restricted gaming components or restricted monitoring components
Section 127 of the Gambling Regulation Further Amendment Act 2009 is repealed.
__________________
Part 9—Caypins Amendments
Division 1—Amendments to the Children, Youth and Families Act 2005
54Time limits for filing a charge-sheet
In the note at the foot of section 344A of the Children, Youth and Families Act 2005, for "Sections 40AA and" substitute "Section".
55Application for registration of infringement penalty
In clause 3(2)(i) of Schedule 3 to the Children, Youth and Families Act 2005 omit ", having regard to the time when the offence is alleged to have been committed".
56Decision to go to Court
(1)In clause 17(1)(b) of Schedule 3 to the Children, Youth and Families Act 2005 omit "40AA or".
(2)After clause 17(1)(b) of Schedule 3 to the Children, Youth and Families Act 2005 insert—
"(ba)if an infringement notice is reviewed under Division 3 of Part 2 of the Infringements Act 2006, within 6 months after the date of service of the advice of the outcome on the applicant under section 24(3) of that Act or 12 months after the date of the alleged offence (whichever is the earlier); or".
57New section 616A inserted
After section 616 of the Children, Youth and Families Act 2005 insert—
616ATransitional provision—Justice Legislation Further Amendment Act 2010 (Caypins)"
(1)This Act as amended by Part 9 of the Justice Legislation Further Amendment Act 2010 applies to a summary offence alleged to have been committed—
(a)on or after 1 January 2010; and
(b)if a child has applied for internal review under Division 3 of Part 2 of the Infringements Act 2006, on or after 1 January 2010 and the date of service of the advice of the outcome under section 24(3) of that Act is on or after 1 July 2010.
(2)Without limiting subsection (1), the repeal of section 40AA of the Infringements Act 2006 by the Justice Legislation Further Amendment Act 2010—
(a)does not affect the registration or purported registration of an infringement penalty under Schedule 3 to this Act in accordance with a time period referred to in section 40AA in respect of an infringement notice which has been subject to an internal review under Division 3 of Part 2 of the Infringements Act 2006 that would have been validly registered if Schedule 3 to this Act, as amended by the Justice Legislation Further Amendment Act 2010, had been in operation at the time the relevant infringement penalty was registered or purported to have been registered; and
(b)such an infringement penalty has, and is taken always to have had, the same force and effect as it would have had if clause 17(1)(ba) of Schedule 3 had then been in operation.".
Division 2—Amendments to Infringements Act 2006
58Decision to go to Court—lodgeable infringement offences
(1)In section 40(4) of the Infringements Act 2006 omit ", subject to section 40AA,".
(2)At the foot of section 40(4) of the Infringements Act 2006 insert—
"Note
See section 344A of the Children, Youth and Families Act 2005 and clause 17 of Schedule 3 to that Act for time limits applying to infringement offences in relation to children.".
59Decision to go to court—children
Section 40AA of the Infringements Act 2006 is repealed.
__________________
Part 10—Judicial and Other Immunities
60Children, Youth and Families Act 2005—Protection of registrars
In section 542 of the Children, Youth and Families Act 2005, after "their duties" insert "in good faith".
61Coroners Act 2008—Protection of coroners and registrars
In section 101(2) of the Coroners Act 2008, after "as a registrar" insert "in good faith".
62County Court Act 1958—New section 19 inserted
After section 18 of the County Court Act 1958 insert—
"19 Protection of registrars
(1)A registrar has, in the performance of his or her duties as a registrar in good faith, the same protection and immunity as a judge has in the performance of his or her duties as a judge.
(2)A deputy registrar has, in the performance of his or her duties as a deputy registrar in good faith, the same protection and immunity as a judge has in the performance of his or her duties as a judge.".
63Magistrates' Court Act 1989—Protection of magistrates
At the end of section 14 of the Magistrates' Court Act 1989 insert—
"(2)For the purposes of subsection (1), the protection and immunity extends to the conduct of a committal proceeding.".
64Magistrates' Court Act 1989—Protection of registrars
In section 24 of the Magistrates' Court Act 1989, for "as such" substitute "in good faith".
65Supreme Court Act 1986—Powers and functions of costs registrar
Section 17G(4) of the Supreme Court Act 1986 is repealed.
66Supreme Court Act 1986—New Division 3B of Part 2 inserted
After section 24C of the Supreme Court Act 1986 insert—
"Division 3B—Immunities and protections
24DImmunity and protection of Judge of Court extends to administrative functions
Without limiting any other law, whether written or unwritten, the immunity and protection that a Judge of the Court has in the performance of his or her duties as Judge extends and applies to the performance or exercise of an administrative function or power conferred on the Judge or on the Court by or under any Act or any other law.
24EImmunity and protection of Associate Judges
Without limiting any other law, whether written or unwritten, an Associate Judge has in the performance of his or her duties as an Associate Judge, the same protection and immunity as a Judge of the Court has in the performance of his or her duties as a Judge.
24FImmunity and protection of specified court officers
(1)A specified court officer has, in the performance of his or her duties as that officer in good faith, the same immunity and protection as a Judge of the Court has in the performance of his or her duties as Judge.
(2)In subsection (1) specified court officer means the following persons employed in accordance with section 106—
(a)the prothonotary;
(b)the registrar of probates;
(c)a registrar;
(d)a costs registrar;
(e)a deputy registrar;
(f)a deputy prothonotary;
(g)an assistant registrar of probates;
(h)a deputy costs registrar.".
67Victims of Crime Assistance Act 1996—Protection of members, advocates and witnesses
In section 63(1A) of the Victims of Crime Assistance Act 1996, for "as such" substitute "in good faith".
68Victorian Civil and Administrative Tribunal Act 1998—Immunity of participants
In section 143(8)(b) of the Victorian Civil and Administrative Tribunal Act 1998, after "conferences)" insert "in good faith".
__________________
Part 11—Amendment of Prostitution Control Act 1994
69New Part 2A inserted
After Part 2 of the Prostitution Control Act 1994 insert—
"Part 2A—Banning Notices
21BDefinitions
In this Part—
declared area means an area for which a declaration by the Minister under section 18(4) of the Summary Offences Act 1966 is in force;
relevant offence means an offence against section 12(2)(b);
relevant police member means—
(a)an authorised member of the police force; or
(b)a member of the police force authorised under section 21K to be a relevant police member.
21CIssue of banning notice
(1)A relevant police member who suspects on reasonable grounds that a person is committing or has just committed a relevant offence within a declared area may give the person a notice banning the person, for the period specified in the notice, from the declared area.
(2)The period specified in the banning notice must not exceed 72 hours starting from the time the notice is given to the person to whom it applies.
(3)A relevant police member must not give a banning notice to a person unless the member believes on reasonable grounds that the giving of the notice may be effective in preventing or deterring the person from committing a further relevant offence.
(4)In determining whether there are reasonable grounds for his or her belief under subsection (3), the relevant police member must consider—
(a)whether the person is likely to commit a further relevant offence; and
(b)whether the person is likely to be charged with the relevant offence; and
(c)whether the person should be arrested or held in custody pending the hearing of any charges against the person in respect of the relevant offence; and
(d)any other matter the member considers relevant.
(5)A relevant police member must produce proof of his or her identity and official status before giving a banning notice to a person, unless the member is in uniform.
(6)A relevant police member cannot give a banning notice referred to in subsection (1) to a person if the member believes or has reasonable grounds for believing that the person lives or works in the declared area.
(7)No more than one banning notice may be given to a person for a declared area in respect of the same relevant offence, but a banning notice may be given to a person who is already subject to a banning notice for the declared area if the subsequent notice is given in respect of a separate relevant offence.
21DContent of banning notice
(1)A banning notice must include the following details—
(a)the name of the person to whom the notice applies;
(b)the declared area in which the banning notice applies, including a map of the declared area;
(c)the specified period for which the notice applies;
(d)the name, rank and place of duty of the relevant police member giving the notice.
(2)A banning notice must state—
(a)that the relevant police member giving the notice suspects that the person has committed an offence against section 12(2)(b) within the declared area in which the banning notice applies; and
(b)the grounds for the suspicion; and
(c)that the person must not enter the declared area during the specified period; and
(d)that, if the person is in the declared area, the person must leave the declared area in accordance with a direction of a member of the police force to do so; and
(e)that it is an offence not to comply with the notice or with a direction given by a member of the police force to leave the declared area; and
(f)the maximum penalties for those offences.
(3)A banning notice must include advice that the person to whom the notice applies may apply to a member of the police force of or above the rank of sergeant for a review of the notice.
21ERequirement to give name and address
(1)Before giving a banning notice to a person, a relevant police member may request the person to state the person's name and address.
(2)A relevant police member who makes a request under subsection (1) must inform the person of the member's intention to give the person a banning notice.
(3)A person must not, in response to a request made by a relevant police member in accordance with this section—
(a)refuse or fail to comply with the request without a reasonable excuse for not doing so; or
(b)state a name that is false in a material particular; or
(c)state an address other than the full and correct address of his or her ordinary place of residence or business.
Penalty:5 penalty units.
(4)A person who is requested to state his or her name and address may request the member who made the request to state, orally or in writing, the member's name, rank and place of duty.
(5)A relevant police member must not, in response to a request under subsection (4)—
(a)refuse or fail to comply with the request; or
(b)state a name or rank that is false in a material particular; or
(c)state as his or her place of duty an address other than the name of the police station which is the member's ordinary place of duty; or
(d)refuse to comply with the request in writing if requested to do so.
Penalty:5 penalty units.
(6)If a person states a name and address in response to a request made under subsection (1) and the member who made the request suspects on reasonable grounds that the stated name or address may be false, the member may request the person to produce evidence of the correctness of the name and address.
(7)The person must comply with the request, unless he or she has a reasonable excuse for not doing so.
Penalty:5 penalty units.
(8)It is not an offence for a person to fail to comply with a request made under subsection (1) or (6) if the member who made the request did not inform the person, at the time the request was made, that it is an offence to fail to comply with the request.
21FVariation and revocation of banning notice
(1)A person to whom a banning notice applies may apply in writing or orally to a member of the police force of or above the rank of sergeant for a review of the banning notice.
(2)A member of the police force of or above the rank of sergeant may vary or revoke a banning notice at any time, by written notice given to the person to whom the notice applies.
(3)A banning notice must not be varied under subsection (2) to extend the period for which the notice applies.
(4)If a banning notice is varied or revoked under subsection (2), the person to whom the notice was given does not have a right of compensation in relation to the issuing of the banning notice in its original form.
21GOffence to contravene banning notice or fail to comply with police directions
(1)A person to whom a banning notice applies must not enter, or attempt to enter, the declared area in contravention of the notice.
Penalty:20 penalty units.
(2)If the person is in the declared area in contravention of the notice, he or she must comply with any direction given by a member of the police force under section 21H.
Penalty:20 penalty units.
(3)It is a defence to a charge for an offence against subsection (1) or (2) if—
(a)the accused was under a mistaken but honest and reasonable belief about facts which, had they existed, would have meant that the conduct would not have constituted an offence; or
(b)the conduct constituting the offence was caused by circumstances beyond the control of the accused and the accused had taken reasonable precautions to avoid committing an offence; or
(c)at the time of the contravention, the person lived or worked in the declared area.
(4)Despite subsection (2), it is not an offence for a person to fail to comply with a direction given by a member of the police force under section 21H if the member of the police force did not comply with section 21H(3).
(5)Section 72 of the Criminal Procedure Act 2009 applies in the circumstances referred to in subsection (4).
21HDirection to leave declared area
(1)This section applies if a person to whom a banning notice applies is in the declared area in contravention of the notice.
(2)Subject to subsection (3), a member of the police force may direct the person to leave the declared area in the manner, if any, directed by the member.
(3)A member of the police force must—
(a)produce proof of his or her identity and official status before exercising a power under subsection (2) unless the member is in uniform; and
(b)inform the person that—
(i)the member of the police force is empowered to direct the person to leave the declared area; and
(ii)it is an offence to fail to comply with the direction; and
(iii)if the person refuses to comply with the direction, the member may use reasonable force to remove the person from the declared area; and
(c)make all reasonable attempts to ensure that the person understands the direction.
(4)A direction under subsection (2)—
(a)may be given orally or in writing; and
(b)must be reasonable in all the circumstances.
21IPolice may use reasonable force to remove person
(1)A member of the police force, using no more force than is reasonably necessary, may—
(a)prevent a person from entering, or attempting to enter, a declared area contrary to section 21G(1);
(b)remove a person from a declared area after the person has refused to comply with a direction under section 21H.
(2)Nothing in this section limits any powers of arrest that a member of the police force has under any other law.
(3)Any action taken under this section does not prevent the institution of proceedings in respect of an offence.
21JInfringement notices
(1)If a member of the police force has reason to believe that a person has committed an offence against section 21G(1) or (2), the member of the police force may serve an infringement notice on the person.
(2)The infringement penalty for an offence referred to in subsection (1) is 2 penalty units.
(3)An offence referred to in subsection (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006.
21KRelevant police members
(1)A member of the police force of or above the rank of sergeant may authorise a member of the police force to be a relevant police member for the purposes of this Part.
(2)An authorisation under subsection (1) may be given in writing, orally or by telephone.
21LReport by Chief Commissioner
(1)The Chief Commissioner must submit a report to the Minister in respect of the operational period of this Part that includes the following information—
(a)the number of banning notices given;
(b)the number of persons to whom banning notices were given;
(c)the number of banning notices given to each person who was given more than one banning notice;
(d)the declared areas in which those offences were suspected of being committed;
(e)the ages of the persons to whom banning notices were given;
(f)whether any of the persons to whom banning notices were given were of Koori origin;
(g)the number of banning notices given in relation to each declared area.
(2)The Chief Commissioner must cause the information to be collected that is necessary to enable the report to be prepared.
(3)The Chief Commissioner must submit a report under this section to the Minister within 3 months after the end of the operational period of this Part.
(4)The Minister must cause a report under this section to be presented to each House of Parliament within 7 sitting days of that House after the report is received by the Minister.
(5)In this section—
Minister means the Minister administering the Police Regulation Act 1958;
operational period of this Part means the period commencing on 1 January 2011 and ending on 31 December 2011.
21MSunset provision
This Part is repealed on the anniversary of the coming into operation of Part 11 of the Justice Legislation Further Amendment Act 2010.
__________________".
__________________
Part 12—Repeal of Amending Act
70Repeal 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 Interpretation of Legislation Act 1984).
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Endnotes
Minister's second reading speech—
Legislative Assembly: 12 August 2010
Legislative Council: 2 September 2010
The long title for the Bill for this Act was "A Bill for an Act to amend the Children, Youth and Families Act 2005, the Coroners Act 2008, the Corrections Act 1986, the Country Fire Authority Act 1958, the County Court Act 1958, the Crimes Act 1958, the Drugs, Poisons and Controlled Substances Act 1981, the Emergency Management Act 1986, the Gambling Regulation Act 2003, the Gambling Regulation Further Amendment Act 2009, the Guardianship and Administration Act 1986, the Infringements Act 2006, the Interpretation of Legislation Act 1984, the Legal Profession Act 2004, the Liquor Control Reform Act 1998, the Magistrates' Court Act 1989, the Metropolitan Fire Brigades Act 1958, the Prostitution Control Act 1994, the Serious Sex Offenders (Detention and Supervision) Act 2009, the Supreme Court Act 1986, the Victims of Crime Assistance Act 1996, the Victorian Civil and Administrative Tribunal Act 1998, and for other purposes."
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