Justice Legislation Miscellaneous Amendments Act 2020 (Vic)
Justice Legislation Miscellaneous Amendments Act 2020
No. 22 of 2020
table of provisions
Section Page
Part 1—Preliminary
1Purposes
2Commencement
Part 2—Amendment of Supreme Court Act 1986
3Statute law revision
4Costs
5New section 33ZDA inserted
Part 3—Amendment of Local Government Act 1989
6New section 252 inserted
Part 4—Amendment of Magistrates' Court Act 1989
7New sections 141, 142, 143 and 144 inserted
Part 4A—Amendment of Independent Broad-based Anti‑corruption Commission Act 2011
7ADefinitions
7BDelegations
7CWarrant to arrest witness who fails to appear
7DBail for person arrested
7EPerson held in custody
7FNew Divisions 2A and 2B inserted
7GReport to Victorian Inspectorate on issue of arrest warrant
7HNew Part 10 inserted
Part 5—Amendment of Criminal Procedure Act 2009
Division 1—Amendments relating to intermediaries and indictable offences that may be heard and determined summarily
8Application of Division
9Schedule 2 amended
10Statute law revision—section 4
11Statute law revision—section 389E
Division 2—Other miscellaneous amendments
12Summary case conference
13Section 123 substituted
14Committal case conference
15Order for accused to cross-examine witness before trial in certain sexual offence cases
16Application for leave
Division 3—Transitional provision
17New section 455 inserted
Part 6—Amendment of other Acts
Division 1—Amendment of Evidence Act 2008
18Courts and proceedings to which Act applies
19Postal articles
Division 2—Amendment of Evidence (Miscellaneous Provisions) Act 1958
20Order to examine witnesses
Division 3—Amendment of Oaths and Affirmations Act 2018
21Offence to make false statutory declaration
22Offence to present false copy of a document for certification
23Offence to certify certain copies of documents
Division 4—Amendment of Professional Standards Act 2003
24Delegation
Division 5—Amendment of Sentencing Act 1991
25Sentencing for a standard sentence offence
26Statute law revision
Part 7—Repeal of this Act
27Repeal of this Act
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Endnotes
1 General information
Justice Legislation Miscellaneous Amendments Act 2020
No. 22 of 2020
[Assented to 30 June 2020]
The Parliament of Victoria enacts:
Part 1—Preliminary
1Purposes
The purposes of this Act are—
(a)to amend the Supreme Court Act 1986 to make further provision about costs in group proceedings and to make other minor amendments to that Act; and
(b)to amend the Local Government Act 1989 to provide for the effect of the purported exercise of functions, powers or duties by certain bodies and for related matters; and
(c)to amend the Magistrates' Court Act 1989 to provide for the effect of acts or decisions of certain persons purporting to occupy the office of reserve magistrate and for related matters; and
(ca)to amend the Independent Broad-based Anti-corruption Commission Act 2011 to enable arrest warrants to be applied for and issued in further circumstances relating to witness summonses; and
(d)to make minor and technical amendments to the Criminal Procedure Act 2009, the Evidence Act 2008, the Evidence (Miscellaneous Provisions) Act 1958, the Oaths and Affirmations Act 2018, the Professional Standards Act 2003 and the Sentencing Act 1991.
2Commencement
This Act comes into operation on the day after the day on which it receives the Royal Assent.
Part 2—Amendment of Supreme Court Act 1986
3Statute law revision
In section 33A of the Supreme Court Act 1986, in the definition of Chapter I of the Rules, for "2005" substitute "2015".
4Costs
At the end of section 33ZD of the Supreme Court Act 1986, insert—
"(2)Subsection (1)(b) is subject to any order made under section 33ZDA.".
5New section 33ZDA inserted
After section 33ZD of the Supreme Court Act 1986 insert—
"33ZDA Group costs orders
(1)On application by the plaintiff in any group proceeding, the Court, if satisfied that it is appropriate or necessary to ensure that justice is done in the proceeding, may make an order—
(a)that the legal costs payable to the law practice representing the plaintiff and group members be calculated as a percentage of the amount of any award or settlement that may be recovered in the proceeding, being the percentage set out in the order; and
(b)that liability for payment of the legal costs must be shared among the plaintiff and all group members.
(2)If a group costs order is made—
(a)the law practice representing the plaintiff and group members is liable to pay any costs payable to the defendant in the proceeding; and
(b)the law practice representing the plaintiff and group members must give any security for the costs of the defendant in the proceeding that the Court may order the plaintiff to give.
(3)The Court, by order during the course of the proceeding, may amend a group costs order, including, but not limited to, amendment of any percentage ordered under subsection (1)(a).
(4)This section has effect despite anything to the contrary in the Legal Profession Uniform Law (Victoria).
(5)In this section—
group costs order means an order made under subsection (1);
legal costs has the same meaning as in the Legal Profession Uniform Law (Victoria).".
Part 3—Amendment of Local Government Act 1989
6New section 252 inserted
After section 251 of the Local Government Act 1989 insert—
"252 Purported exercise or functions, powers or duties of Municipal Electoral Tribunals and related matters
(1)Any act or omission done or omitted to be done by a relevant body during the relevant period in the purported exercise of any function, power or duty of the relevant body under Division 8 of Part 3 as in force during the relevant period has the same force and effect as it would have had if the relevant body had been validly established under Division 8 of Part 3 as so in force.
(2)Clause 6(1) of Schedule 4, as in force during the relevant period, is taken to have applied and to continue to apply to a person in relation to the purported exercise by that person of a duty of a member of a Tribunal (within the meaning of that subclause), being a duty to which subsection (1) applies.
(3)In this section—
relevant body means any body that was purported to be established under section 44(1) as in force during the relevant period, but was not validly established under that subsection;
relevant period means the period commencing on 30 October 1996 and ending on 16 February 2018.".
Part 4—Amendment of Magistrates' Court Act 1989
7New sections 141, 142, 143 and 144 inserted
After section 140 of the Magistrates' Court Act 1989 insert—
"141 Definitions
In this section and sections 142 and 144—
affected person means any person—
(a)who was appointed as an acting magistrate on 19 July 2011 or 6 March 2012; and
(b)who was taken to hold the office of reserve magistrate by the operation of clause 50 of Schedule 8 as inserted by section 40 of the Courts Legislation Amendment (Reserve Judicial Officers) Act2013;
relevant period, in relation to an affected person, means any period during which the person purported to occupy the office of reserve magistrate but did not validly occupy that office.
142Rights, duties and liabilities declared in certain cases
The rights, duties and liabilities of any person are declared to be, and always to have been the same as if each act or decision of an affected person as a purported occupant of the office of reserve magistrate during the relevant period had been an act or decision of a person who validly occupied the office of reserve magistrate.
143Effect of declared rights, duties and liabilities
(1)A right, duty or liability to which section 142 applies—
(a)is exercisable or enforceable; and
(b)must be regarded as always having been exercisable or enforceable—
as if it were a right, duty or liability conferred, imposed or affected by an act or decision of a person who validly occupied the office of reserve magistrate.
(2)Without limiting section 142 or this section, the rights, duties and liabilities conferred, imposed or affected by section 142 include the right of a person who was a party to a proceeding or purported proceeding in which a decision was made to which section 142 applies, to appeal against the decision or apply for a review of the decision.
144Protection of affected persons
Sections 9E and 14 are taken to have applied and to continue to apply to an affected person when purportedly exercising any duty of a reserve magistrate during the relevant period.".
Part 4A—Amendment of Independent Broad-based Anti‑corruption Commission Act 2011
7ADefinitions
In section 3(1) of the Independent Broad-based Anti-corruption Commission Act 2011—
(a)for the definition of arrest warrant substitute—
"arrest warrant means a warrant to arrest a person issued under—
(a)section 139(2); or
(b)section 141A(2); or
(c)section 141B(2); or
(d)section 141C(2); or
(e)section 153(1);";
(b)insert the following definition—
"audio visual link has the same meaning as in Part IIA of the Evidence (Miscellaneous Provisions Act) 1958;".
7BDelegations
In section 32(5) of the Independent Broad-based Anti-corruption Commission Act 2011, for "and 139(1)" substitute ", 139(1), 141A(1), 141B(1) and 141C(1)".
7CWarrant to arrest witness who fails to appear
(1)In section 139(4) of the Independent Broad‑based Anti-corruption Commission Act 2011, after "arrest warrant" insert "issued under this section".
(2)In section 139(5) of the Independent Broad‑based Anti-corruption Commission Act 2011, after "arrest warrant" insert "under this section".
7DBail for person arrested
In section 140(1) of the Independent Broad‑based Anti-corruption Commission Act 2011, after "arrest warrant" insert "issued under section 139(2)".
7EPerson held in custody
In section 141(1) of the Independent Broad‑based Anti-corruption Commission Act 2011, after "arrest warrant" insert "issued under section 139(2)".
7FNew Divisions 2A and 2B inserted
After section 141 of the Independent Broad-based Anti-corruption Commission Act 2011 insert—
"Division 2A—Warrant to arrest for likely failure to comply with witness summons in certain circumstances
141AWarrant to arrest potential witness who has not yet been summoned
(1)The IBAC may apply to a Judge of the Supreme Court for the issue of a warrant to arrest a person, if—
(a)the IBAC has commenced an investigation under section 60; and
(b)as a result of the investigation, the IBAC suspects on reasonable grounds that conduct of the person constitutes corrupt conduct; and
(c)a witness summons has not been issued under section 120(1) in respect of the person; and
(d)the IBAC believes on reasonable grounds that—
(i)the person is about to leave, is making preparations to leave, or is likely to leave, the State; and
(ii)if a witness summons were issued under section 120(1), including a summons requiring immediate attendance under section 124(2), the person would be unlikely to attend before the IBAC, unless the person were arrested under an arrest warrant; and
(e)the person is 18 years of age or over.
(2)A Judge of the Supreme Court may issue an arrest warrant if satisfied by evidence on oath or affirmation that—
(a)there are reasonable grounds for—
(i)the suspicion under subsection (1)(b); and
(ii)the belief under subsection (1)(d); and
(b)the granting of an arrest warrant is reasonable having regard to—
(i)the evidentiary or intelligence value of the information, document or thing sought to be obtained from the person; and
(ii)the age of the person and any mental impairment to which the person is known or believed to be subject; and
(c)if the person were not arrested, any information, document or thing sought to be obtained from the person would be lost and could not reasonably be obtained from any other source.
141BWarrant to arrest witness to whom a witness summons has been issued but not served
(1)The IBAC may apply to a Judge of the Supreme Court for the issue of a warrant to arrest a person, if—
(a)the IBAC has commenced an investigation under section 60; and
(b)as a result of the investigation, the IBAC suspects on reasonable grounds that conduct of the person constitutes corrupt conduct; and
(c)a witness summons has been issued under section 120(1) in respect of the person but not served; and
(d)the IBAC believes on reasonable grounds that—
(i)the person is evading, attempting to evade, or likely to attempt to evade, service of the witness summons; and
(ii)the person is unlikely to attend before the IBAC in accordance with the witness summons, unless the person is arrested under an arrest warrant; and
(e)the person is 18 years of age or over.
(2)A Judge of the Supreme Court may issue an arrest warrant if satisfied by evidence on oath or affirmation that—
(a)there are reasonable grounds for—
(i)the suspicion under subsection (1)(b); and
(ii)the belief under subsection (1)(d); and
(b)the granting of an arrest warrant is reasonable having regard to—
(i)the evidentiary or intelligence value of the information, document or thing sought to be obtained from the person; and
(ii)the age of the person and any mental impairment to which the person is known or believed to be subject; and
(c)if the person were not arrested, any information, document or thing sought to be obtained from the person would be lost and could not reasonably be obtained from any other source.
141C Warrant to arrest witness to whom a witness summons has been issued and served
(1)The IBAC may apply to a Judge of the Supreme Court for the issue of a warrant to arrest a person, if—
(a)the IBAC has commenced an investigation under section 60; and
(b)as a result of the investigation, the IBAC suspects on reasonable grounds that conduct of the person constitutes corrupt conduct; and
(c)the person has been duly served with a witness summons issued under section 120(1); and
(d)the IBAC believes on reasonable grounds that the person is unlikely to attend before the IBAC in accordance with the witness summons, unless the person is arrested under an arrest warrant; and
(e)the person is 18 years of age or over.
(2)A Judge of the Supreme Court may issue an arrest warrant if satisfied by evidence on oath or affirmation that—
(a)there are reasonable grounds for—
(i)the suspicion under subsection (1)(b); and
(ii)the belief under subsection (1)(d); and
(b)the granting of an arrest warrant is reasonable having regard to—
(i)the evidentiary or intelligence value of the information, document or thing sought to be obtained from the person; and
(ii)the age of the person and any mental impairment to which the person is known or believed to be subject; and
(c)if the person were not arrested, any information, document or thing sought to be obtained from the person would be lost and could not reasonably be obtained from any other source.
141DMatters relating to an arrest warrant issued under section 141A(2), 141B(2) or 141C(2)
(1)The rules to be observed with respect to warrants to arrest under the Magistrates' Court Act 1989 (other than section 62 or 64(2), (3) or (4)) extend and apply to an arrest warrant issued under section 141A(2), 141B(2) or 141C(2).
(2)A person arrested under an arrest warrant issued under section 141A(2) or 141B(2) must be served with a witness summons issued under section 120(1) as soon as practicable after the arrest.
(3)The issue of an arrest warrant under section 141A(2), 141B(2) or 141C(2), or the arrest of a person under that warrant, does not relieve the person from any liability for non‑compliance with a witness summons duly served on the person before or after the arrest.
141E Arrest warrant under section 141A, 141B or 141C may be granted by telephone or audio visual link in certain circumstances
(1)An application by the IBAC for an arrest warrant under section 141A(1), 141B(1) or 141C(1) may be made by telephone or audio visual link if the IBAC believes on reasonable grounds that—
(a)the application is urgent; and
(b)the person to be named in the arrest warrant is about to leave the State.
(2)An application made by telephone or audio visual link for an arrest warrant must be supported by—
(a)an affidavit setting out the grounds for an arrest warrant under section 141A(1), 141B(1) or 141C(1), as the case requires, and the grounds for the belief under subsection (1), that is—
(i)sworn or affirmed; or
(ii)if it is not reasonably practicable for the affidavit to be sworn or affirmed, a prepared copy of the affidavit that is not sworn or affirmed; or
(b)if it is not reasonably practicable for an affidavit to be prepared, as much information as the Judge of the Supreme Court deciding the application considers is reasonably practicable in the circumstances, regarding—
(i)the grounds for an arrest warrant under section 141A(1), 141B(1) or 141C(1), as the case requires; and
(ii)the grounds for the belief under subsection (1).
(3)If the IBAC makes an application by telephone or audio visual link for an arrest warrant that is supported by an affidavit (whether or not sworn or affirmed), the IBAC must transmit by electronic communication a copy of the affidavit to the Judge of the Supreme Court deciding the application.
(4)A Judge of the Supreme Court may issue an arrest warrant under section 141A(2), 141B(2) or 141C(2) on an application made by telephone or audio visual link if satisfied that—
(a)the grounds for issuing an arrest warrant under section 141A(2), 141B(2) or 141C(2) are satisfied; and
(b)there are reasonable grounds for the belief under subsection (1).
(5)If a Judge of the Supreme Court issues an arrest warrant under section 141A(2), 141B(2) or 141C(2) on an application made by telephone or audio visual link, the Judge must—
(a)inform the IBAC of the issue of the arrest warrant; and
(b)if practicable, transmit by electronic communication a copy of the arrest warrant to the IBAC.
(6)If it is not practicable to transmit by electronic communication a copy of the arrest warrant to the IBAC, the Judge may direct the IBAC to—
(a)complete a form of arrest warrant in the terms stated to the IBAC by the Judge of the Supreme Court and write on it the name of the Judge and the date on which and the time at which the arrest warrant was issued; and
(b)provide the form of arrest warrant completed by the IBAC to the Judge of the Supreme Court as soon as practicable.
(7)If the IBAC makes an application to a Judge of the Supreme Court by telephone or audio visual link for an arrest warrant, whether or not an arrest warrant is issued, the IBAC must provide to the Judge, not later than the day following the day on which the application was made, a sworn or affirmed affidavit setting out the grounds for the arrest warrant in the same terms stated by the IBAC under subsection (2).
(8)If an application under section 141A(1), 141B(1) or 141C(1) is made by telephone or audio visual link and the application is supported by a prepared affidavit specified in subsection (2)(a)(ii) or information specified in subsection (2)(b), a Judge of the Supreme Court may issue an arrest warrant under section 141A(2), 141B(2) or 141C(2) despite the evidence not being given under oath or affirmation.
141FPerson arrested must be brought before the Supreme Court or Magistrates' Court
(1)A person arrested under an arrest warrant issued under section 141A(2), 141B(2) or 141C(2) must be brought, as soon as practicable, before the Supreme Court or the Magistrates' Court and the Supreme Court or the Magistrates' Court (as the case requires) may—
(a)discharge the person from custody on bail in accordance with the Bail Act 1977 as if the person had been accused of an offence; or
(b)subject to subsection (2), order the continued detention of the person in a prison or police gaol, for the purpose of ensuring the person's attendance before the IBAC, for a specified period not exceeding 24 hours or until the person is excused by the IBAC, whichever is earlier; or
(c)order that the person be discharged from custody unconditionally.
(2)The Supreme Court or the Magistrates' Court must not make an order under subsection (1)(b) unless the Supreme Court or the Magistrates' Court (as the case requires) is satisfied that—
(a)detention of the person is necessary for the purpose of ensuring the person's attendance before the IBAC for the purposes of a witness summons issued under section 120(1); and
(b)the IBAC is taking all reasonable steps to schedule the attendance as soon as is practicable.
(3)If a person is detained in a prison in accordance with an order made under subsection (1)(b), the IBAC may give a written direction for the person to be delivered into the custody of a police officer for the purpose of bringing the person before the IBAC.
(4)If a person is detained in accordance with an order made under subsection (1)(b), the IBAC must, before the expiration of the period of detention specified in the order—
(a)release the person from custody unconditionally; or
(b)cause the person to be again brought before the Supreme Court or the Magistrates' Court.
(5)If a person is brought before the Supreme Court or the Magistrates' Court in accordance with subsection (4)(b), the Supreme Court or the Magistrates' Court (as the case requires) may exercise any of the powers set out in subsection (1).
Note
A person discharged or released from custody unconditionally is not relieved from any obligation to comply with a witness summons requiring attendance at a later date.
Division 2B—General provisions in respect of arrest warrant issued under Division 2 or 2A
141G Person arrested under arrest warrant issued under Division 2 or 2A to be given opportunity to seek legal advice or legal representation
(1)Subject to section 127 and subsection (2), the IBAC is required to give a person arrested under an arrest warrant issued under Division 2 or 2A a reasonable opportunity to seek legal advice or obtain legal representation before the time specified for the person to attend before the IBAC in accordance with a witness summons issued under section 120(1).
(2)Despite section 127(6), if the IBAC gives a direction under section 127(2), the IBAC is not required to allow the person bound by the direction at least 3 days from the receipt of the direction to obtain legal advice or representation by another Australian legal practitioner before the person is required to attend before the IBAC in accordance with the witness summons issued under section 120(1).".
7GReport to Victorian Inspectorate on issue of arrest warrant
In section 142 of the Independent Broad‑based Anti-corruption Commission Act 2011, for "this Division" substitute "Division 2 or 2A".
7HNew Part 10 inserted
After section 198 of the Independent Broad‑based Anti-corruption Commission Act 2011 insert—
"Part 10—Transitional provisions
199Transitional provision—Justice Legislation Miscellaneous Amendments Act 2020
(1)The amendments made to this Act by the Justice Legislation Miscellaneous Amendments Act 2020 apply to an investigation under section 60 of this Act on or after the commencement of the Justice Legislation Miscellaneous Amendments Act 2020 regardless of whether the investigation commenced prior to that commencement.
(2)The IBAC may apply for an arrest warrant to be issued under section 141B(2) or 141C(2) in respect of a witness summons issued under section 120(1) prior to that commencement for the purposes of the investigation.".
Part 5—Amendment of Criminal Procedure Act 2009
Division 1—Amendments relating to intermediaries and indictable offences that may be heard and determined summarily
8Application of Division
For section 389F(1) of the Criminal Procedure Act 2009 substitute—
"(1)This Division applies to a witness (including the complainant) other than the accused in a criminal proceeding if—
(a)the witness—
(i)is under the age of 18 years at the time at which the proceeding commences; or
(ii)has a cognitive impairment; and
(b)the criminal proceeding is in a participating venue of a court.".
9Schedule 2 amended
For item 4.6 of Schedule 2 to the Criminal Procedure Act 2009 substitute—
"4.6Offences under section 76 of the Crimes Act 1958 (burglary) except an offence involving an intent to steal property, the amount or value of which in the judgment of the court exceeds $100 000.".
10Statute law revision—section 4
In the heading to section 4 of the Criminal Procedure Act 2009, for "sexual offence" substitute "sexual offence".
11Statute law revision—section 389E
In the note at the foot of section 389E(2)(f) of the Criminal Procedure Act 2009, for "(2009) VR 531" substitute "(2009) 24 VR 531".
Division 2—Other miscellaneous amendments
12Summary case conference
In section 54(7) of the Criminal Procedure Act 2009, for "unless all parties to the summary case conference agree to the giving of the evidence." substitute—
"unless—
(c)all parties to the summary case conference agree to the giving of the evidence; or
(d)the proceeding is a criminal proceeding for an offence alleged to have been committed during, or in connection with, the summary case conference.".
13Section 123 substituted
For section 123 of the Criminal Procedure Act 2009 substitute—
"123 No cross-examination in certain sexual offence cases
(1)This section applies to a proceeding—
(a)that relates (wholly or partly) to a charge for a sexual offence if one or more of the complainants in the proceeding is a child or a person with a cognitive impairment; and
(b)when the criminal proceeding commenced, any complainant in relation to a charge for a sexual offence was a child or a person with a cognitive impairment.
(2)Despite anything to the contrary in this Part, the Magistrates' Court must not grant leave to cross-examine any witness in a proceeding to which this section applies.
Examples
1 A proceeding relates to a sexual offence charge involving a child complainant and a sexual offence charge involving an adult complainant without a cognitive impairment. No cross-examination is permitted.
2 A proceeding relates to a charge for a sexual offence against an adult complainant without a cognitive impairment and a charge for a non-sexual offence against a child complainant. The section does not apply.
3 A proceeding relates to a charge for a sexual offence against a child complainant and a charge for a non-sexual offence against an adult complainant without a cognitive impairment. No cross-examination is permitted.".
14Committal case conference
In section 127(3) of the Criminal Procedure Act 2009, for "unless all parties to the committal case conference agree to the giving of the evidence." substitute—
"unless—
(c)all parties to the committal case conference agree to the giving of the evidence; or
(d)the proceeding is a criminal proceeding for an offence alleged to have been committed during, or in connection with, the committal case conference.".
15Order for accused to cross-examine witness before trial in certain sexual offence cases
In section 198A(2) of the Criminal Procedure Act 2009, for "other than a complainant" substitute ", other than a complainant who was a child or a person with a cognitive impairment when the criminal proceeding commenced,".
16Application for leave
After section 344(b) of the Criminal Procedure Act 2009 insert—
"(ba)in the case of a pre-trial cross-examination under an order made under section 198A or a limited preparatory cross-examination under an order made under section 198B, must be—
(i)filed with the County Court or the Supreme Court, as the case requires; and
(ii)served on the DPP in accordance with section 392 at least 7 days before the cross-examination;".
Division 3—Transitional provision
17New section 455 inserted
At the end of Chapter 10 of the Criminal Procedure Act 2009 insert—
"455 Transitional provision—Justice Legislation Miscellaneous Amendments Act 2020
(1)Section 54 as amended by the Justice Legislation Miscellaneous Amendments Act 2020 applies in respect of an offence alleged to have been committed on or after the day on which the amendment comes into operation during, or in connection with, a summary case conference.
(2)Section 127 as amended by the Justice Legislation Miscellaneous Amendments Act 2020 applies in respect of an offence alleged to have been committed on or after the day on which the amendment comes into operation during, or in connection with, a committal case conference.
(3)Item 4.6 of Schedule 2 as substituted by section 9 of the Justice Legislation Miscellaneous Amendments Act 2020 applies to a criminal proceeding commenced on or after the commencement of section 9 of that Act, irrespective of when the offence is alleged to have been committed.".
Part 6—Amendment of other Acts
Division 1—Amendment of Evidence Act 2008
18Courts and proceedings to which Act applies
For note 4 at the foot of section 4 of the Evidence Act 2008 substitute—
"4 Provisions in other Victorian Acts which relieve courts from the obligation to apply the rules of evidence in certain proceedings are preserved by section 8.".
19Postal articles
In section 160(1) of the Evidence Act 2008, for "fourth working day" substitute "seventh working day".
Division 2—Amendment of Evidence (Miscellaneous Provisions) Act 1958
20Order to examine witnesses
(1)In section 4(1) of the Evidence (Miscellaneous Provisions) Act 1958 omit "or County Court".
(2)After section 4(1) of the Evidence (Miscellaneous Provisions) Act 1958 insert—
"(1A)The County Court, in its discretion and where it appears in the interests of justice to do so, on the application of a party to a civil or criminal proceeding before the County Court, may make, in relation to a person in Victoria, an order for the issue of a commission for the examination of the person on oath or affirmation at any place in Victoria.".
(3)In section 4(2), (4) and (6) of the Evidence (Miscellaneous Provisions) Act 1958, after "subsection (1)" insert "or (1A)".
(4)In section 4(3) of the Evidence (Miscellaneous Provisions) Act 1958—
(a)after "subsection (1)" insert ", or the County Court makes an order under subsection (1A),";
(b)omit "Supreme" (where secondly and thirdly occurring).
Division 3—Amendment of Oaths and Affirmations Act 2018
21Offence to make false statutory declaration
At the foot of section 36 of the Oaths and Affirmations Act 2018 insert—
"Note
The penalty applicable to this offence means the offence is an indictable offence—see section 112(1) of the Sentencing Act 1991. See also section 28 of the Criminal Procedure Act 2009 regarding indictable offences that may be heard and determined summarily.".
22Offence to present false copy of a document for certification
At the foot of section 47 of the Oaths and Affirmations Act 2018 insert—
"Note
The penalty applicable to this offence means the offence is an indictable offence—see section 112(1) of the Sentencing Act 1991. See also section 28 of the Criminal Procedure Act 2009 regarding indictable offences that may be heard and determined summarily.".
23Offence to certify certain copies of documents
For the note at the foot of section 48 of the Oaths and Affirmations Act 2018 substitute—
"Notes
1 See the definition of original document in section 3.
2 The penalty applicable to this offence means the offence is an indictable offence—see section 112(1) of the Sentencing Act 1991. See also section 28 of the Criminal Procedure Act 2009 regarding indictable offences that may be heard and determined summarily.".
Division 4—Amendment of Professional Standards Act 2003
24Delegation
In section 52A of the Professional Standards Act 2003 omit "as an executive within the meaning of that Act,".
Division 5—Amendment of Sentencing Act 1991
25Sentencing for a standard sentence offence
(1)In section 5B(1)(b) of the Sentencing Act 1991, for "summarily; or" substitute "summarily.".
(2)Section 5B(1)(c) of the Sentencing Act 1991 is repealed.
26Statute law revision
(1)In section 69FA(b) of the Sentencing Act 1991, after "section 15" insert "or 15E".
(2)In section 165 of the Sentencing Act 1991 (where secondly occurring), for "165" substitute "165A".
(3)In clause 1(1) of Schedule 3A to the Sentencing Act 1991 omit "to a" (where secondly occurring).
Part 7—Repeal of this Act
27Repeal of this Act
This Act is repealed on 1 December 2021.
Note
The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).
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Endnotes
1 General information
See for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 27 November 2019
Legislative Council: 20 February 2020
The long title for the Bill for this Act was "A Bill for an Act to amend the Criminal Procedure Act 2009, the Evidence Act 2008, the Evidence (Miscellaneous Provisions) Act 1958, the Independent Broad-based Anti-corruption Commission Act 2011, the Local Government Act 1989, the Magistrates' Court Act 1989, the Oaths and Affirmations Act 2018, the Professional Standards Act 2003, the Sentencing Act 1991 and the Supreme Court Act 1986 and for other purposes."
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