Police and Corrections (Amendment) Act 1997 (Vic)
Police and Corrections (Amendment) Act 1997
Act No. 26/1997
TABLE OF PROVISIONS
Section Page PART 1—PRELIMINARY 1
1. Purposes 1 2. Commencement 2 PART 2—AMENDMENT OF CONTROL OF WEAPONS ACT
1990 3
3. Principal Act 3 4. New section 1 substituted 3 1. Purpose 3 5. Definitions 3 6. New section 8A inserted 3 8A. Control of body armour 3 7. Application of section 9 to body armour 5 8. Repeal of spent provisions 5
PART 3—AMENDMENT OF THE CORRECTIONS ACT 1986 6
9. Principal Act 6 10. New heading substituted for Division 3 of Part 2A 6 11. New section 9AA substituted 6 9AA. Agreements with the Chief Commissioner 6 12. Authorisation of certain staff 7 13. New section 9CAA inserted 9 9CAA. Transport functions 9 14. Use of reasonable force 10 15. Appointment of monitors 10 16. Supreme Court—limitation of jurisdiction 11
PART 4—AMENDMENT OF THE FIREARMS ACT 1996 12
17. Principal Act 12 18. Amendment of section 9—issue of longarms licences 12 19. Amendment of section 11—reasons for applying for category C longarms licence 12 20. Amendment of section 18—issue of junior licences 13
i
Section Page 21. Amendment of section 20—discretion of Chief Commissioner to
refuse junior licence 14 22. Amendment of section 45—disposal of firearms where licence
not renewed 14 23. Amendment of section 53—disposal of firearms where licence
suspended or cancelled 15 24.
Substitution of section 68 16 68. Licence conditions for dealers licences 16 25. Amendment of section 112—surrender of firearms acquired
under permit 16 26. Amendment of section 130—offence of carrying firearms in
populous places not to apply to protective services officers and
authorised officers 17 27. Amendment of section 131—persons entitled to carry firearms
on private property without consent of owner 17 28.
Amendment of section 139—notification of change of address 18 29.
Insertion of new section 153A 18
153A. Authorised officers under the Conservation, Forests
and Lands Act 1987 to exercise powers under this Act 18
30. Amendment of section 179—power of Chief Commissioner to
make approvals 20 31. Amendment of section 185—interstate licence holders,
temporary visitors 20 32. Amendment of section 189—application to be deemed not to be
a prohibited person 21 33.
Insertion of new section 189A 22 189A. Indictable offences 22 34.
Amendment of section 195—transitional provision 22 35. Amendment of sections 201 and 202—amendments to the
Magistrates' Court Act 1989 and the Crimes Act 1958 22 36.
Amendment to Schedule 2—special conditions for licences 22 37.
Amendment to Schedule 4—storage requirements 24 PART 5—AMENDMENT OF THE POLICE REGULATION ACT
1958 25
38. Principal Act 25 39. New section 16B substituted 25 16B. Incapacitated officers 25 40. Where charge found proven against a member 25 41. Definitions 26 42. Making of complaints by members of police force 27 43. New section 86M substituted 27 86M. Complaints made to a member of the force 27 44. Power to require answers 28
ii
Section Page 45. Application of complaints procedure to police reservists and
protective services officers 28 46.
New section 109 substituted 28 109. Discipline 28 47.
New section 118F substituted 29 118F. Discipline 29 48.
Statute law revision 29
PART 6—OTHER AMENDMENTS 30
49. Children and Young Persons Act 1989—search powers 30 50. Children and Young Persons Act 1989—offence to escape 30 51. Crimes Act 1958—removal of accused persons to and from detention 31 52. Crimes Act 1958—offence to escape 32 53. Crimes Act 1958—new Part 7 inserted 32 PART 7—GENERAL 32 585. Supreme Court—limitation of jurisdiction 32 54. Sentencing Act 1991—hospital orders 33 55. Indictable offences triable summarily 33
═══════════════
NOTES 37
iii
Victoria
No. 26 of 1997
Police and Corrections (Amendment)
Act 1997†
[Assented to 20 May 1997]
The Parliament of Victoria enacts as follows:
PART 1—PRELIMINARY
1. Purposes
The main purposes of this Act are—
(a)
to amend the Control of Weapons Act 1990 to regulate body armour; and
(b)
to amend the Corrections Act 1986 in relation to the contracting out of the transport of prisoners and detainees; and
Police and Corrections (Amendment) Act 1997
Act No. 26/1997 s. 2
(c)
to amend the Firearms Act 1996 to make further provision in respect of clay target shooters; and
(d)
to amend the Police Regulation Act 1958 to improve the management, accountability and ethical conduct of the Victorian police force; and
(e)
to make consequential amendments to the Children and Young Persons Act 1989, the Crimes Act 1958 and the Sentencing Act 1991.
2. Commencement
(1) This Part comes into operation on the day on
which this Act receives the Royal Assent.
(2) Sections 26, 27 and 35 are deemed to have come into operation on 17 December 1996.
(3) Subject to sub-section (4), the remaining
provisions of this Act come into operation on a
day or days to be proclaimed.
(4) If a provision referred to in sub-section (3) does
not come into operation before 1 January 1998, it
comes into operation on that day.
_______________
Police and Corrections (Amendment) Act 1997
| s. 3 | Act No. 26/1997 |
PART 2—AMENDMENT OF CONTROL OF WEAPONS ACT
1990
3. Principal Act
| No. 24/1990. | In this Part the Control of Weapons Act 1990 is |
| Reprint No.1 | |
| as at 18 April | called the Principal Act. |
| 1996. |
4. New section 1 substituted
For section 1 of the Principal Act substitute—
"1. PurposeThe purpose of this Act is to regulate— (a) weapons other than firearms; and (b) body armour.".
5. Definitions
In section 3 of the Principal Act insert—
' "body armour" means a garment or item whichis designed, intended or adapted for the purpose of protecting the body from the effects of any weapon, including any firearm
within the meaning of section 3(1) of the
Firearms Act 1996;'.
6. New section 8A inserted
After section 8 of the Principal Act insert—
"8A. Control of body armour
(1) A person must not—
(a) bring body armour into Victoria; or
(b)
cause body armour to be brought or sent into Victoria; or
(c)
manufacture, sell or purchase body armour; or
Police and Corrections (Amendment) Act 1997
Act No. 26/1997 s. 6 (d) possess or use body armour—
without an exemption under this section or
the written approval of the ChiefCommissioner of Police.
Penalty: 60 penalty units or imprisonment
for 6 months.(2) The Governor in Council may by Order
published in the Government Gazette—
(a)
exempt any class of persons or any class of body armour (whether by name or description) from the operation of any provision of this section; and
(b)
specify conditions and limitations to which an exemption under paragraph (a) is subject.
(3) Any person may apply to the Chief
Commissioner of Police for approval under this section.
(4) An application must be in the form approved by the Chief Commissioner of Police and be accompanied by the prescribed fee.
(5) Before granting an approval the Chief
Commissioner of Police must have regard to the guidelines issued by the Minister under sub-section (6).
(6) The Minister may issue general guidelines relating to the granting of approvals under this section.
(7) Any guidelines issued by the Minister under
sub-section (6) must be published in the
Government Gazette.
(8) An approval may be subject to any
conditions or limitations which the Chief
Police and Corrections (Amendment) Act 1997
| s. 7 | Act No. 26/1997 |
Commissioner of Police considers
appropriate.
(9) The Chief Commissioner of Police must
year report to the Minister in a form
approved by the Minister setting out details
of all approvals given by the Chiefwithin 30 days after the end of each financial the previous 12 months.".
7. Application of section 9 to body armour
In section 9 of the Principal Act for "regulated weapon or dangerous article" (wherever occurring) substitute "regulated weapon, dangerous article or body armour".
8. Repeal of spent provisions
Sections 13(4), 13(5), 14, 15, 16 and 17 of the
Principal Act are repealed.
_______________
Police and Corrections (Amendment) Act 1997
Act No. 26/1997 s. 9
PART 3—AMENDMENT OF THE CORRECTIONS ACT 1986
9. Principal Act
In this Part the Corrections Act 1986 is called the
No. 117/1986. Reprint No. 2
Principal Act. as at 10
August 1995.
Further
amended by
Nos 22/1996,
44/1996 and
45/1996.
10. New heading substituted for Division 3 of Part 2A
For the heading to Division 3 of Part 2A of the
Principal Act substitute—
"Division 3—Agreements with the Chief
Commissioner of Police".
11. New section 9AA substituted
For section 9AA of the Principal Act substitute—
'9AA. Agreements with the Chief Commissioner
(1) The Chief Commissioner of Police may, for
and on behalf of the Crown, enter into an
agreement with a person or body, including
the Secretary, for the provision by that
person or body of—(a) custodial services in police gaols; or (b) services related to the transport of—
(i) persons detained in a police gaol to or from a police gaol; or
Police and Corrections (Amendment) Act 1997
| s. 12 | Act No. 26/1997 |
(ii) persons detained in custody in a prison from the prison to a court or police gaol or from a court to a
prison or police gaol; or
(iii) security patients or involuntary Mental Health Act 1986 from an approved mental health service under that Act to a court or a police gaol or from a court or police gaol to a court or police gaol or approved mental health service; or
(iv) persons detained in a remand centre, youth residential centre or youth training centre within the meaning of the Children and Young Persons Act 1989 from that centre to a court or a police gaol or from a court or police gaol to a court or police gaol or such a centre; or
(c) services related to security in relation to persons in the custody of the Chief Commissioner of Police. (2) In this section "transport" includes escort, bring, transfer, convey, take and deliver.'.
12. Authorisation of certain staff
(1) After section 9A(1A) of the Principal Act
insert—
"(1B) The Chief Commissioner may, by
instrument, authorise a contractor under an
agreement entered into under section 9AA or
a sub-contractor of that contractor or a
Police and Corrections (Amendment) Act 1997
Act No. 26/1997 s. 12 person employed by that contractor or sub-
contractor—
(a) to carry out the transport of any persons or class of persons in accordance with that agreement and to detain those persons while being transported; and (b) to exercise all or any of the following powers and functions— (i) to give an order to a person being transported which the authorised person believes on reasonable
grounds is necessary for the safety of the person being transported or other persons;
(ii) being transported or any thing in
the person's possession or under
the person's control if the
authorised person believes on
reasonable grounds that this is
necessary for the safety of theto search and examine a person persons;
(iii) person being transported or in that
person's possession or under that
person's control if the authorised
person believes on reasonableto seize anything found on the the safety of the person being transported or other persons;
(iv) being transported if the authorised
person believes on reasonableto apply handcuffs to a person is necessary to prevent the escape
Police and Corrections (Amendment) Act 1997
| s. 13 | Act No. 26/1997 |
of the person being transported or
the assault of, or injury to, anyperson.".
(2) In section 9A(3) of the Principal Act for "or (1A)"
substitute ", (1A) or (1B)".
(3) After section 9A(7) of the Principal Act insert—
'(8) In this section "transport" includes escort,
bring, transfer, convey, take and deliver.'.
(4) In section 9B(1A)(b) of the Principal Act after
"9A(1A)" insert "or (1B)".
(5) In section 9AC(1)(a) of the Principal Act after "police gaol" insert "or any vehicle".
(6) In section 4(2)(f) of the Principal Act after
"1958" insert "or of the Chief Commissioner of
Police".
13. New section 9CAA inserted
After section 9CA of the Principal Act insert—
'9CAA. Transport functions
(1) If a person is authorised under section
9A(1B) to carry out the transport of any
person to or from a place, any provision of
an Act or regulation or of a warrant or order
of a court or of any order or instrument
under an Act which requires or authorises
(either expressly or by necessary
implication) a member of the police force
(by name or otherwise) to transport that
person to or from that place must be taken to
also authorise the person authorised under
section 9A(1B) to carry out that transport
function in place of a member of the policeforce in accordance with that authorisation.
(2) Nothing in sub-section (1) prevents a
member of the police force from exercising
Police and Corrections (Amendment) Act 1997
Act No. 26/1997 s. 14 any function referred to in that sub-section or
any other function under the provision,warrant, order or instrument.
(3) Despite anything to the contrary in any other
regulation or in any warrant, order or
instrument of any kind, a person who is
being transported to or from a place by a
person authorised under section 9A(1B) is
deemed to be in the custody of the Chiefprovision of this Act or in any other Act or transported. (4) In this section "transport" includes escort, bring, transfer, convey, take and deliver.'.
14. Use of reasonable force
In section 9CB(1) of the Principal Act—
(a) after "9A(1A)" insert "or 9A(1B)"; and
(b)
after "section 11(7)" insert "or section 9CAA".
15. Appointment of monitors
(1) For section 9D(2) and (3) of the Principal Act
substitute—
"(2) Monitors appointed in relation to agreements
under section 8B(1) or 9(1) are responsible
to the Secretary for assessment and review of
the provision of services by contractors or
sub-contractors under those agreements and
have any other functions that may beprescribed or specified by the Secretary.
(2A) Monitors appointed in relation to
agreements under section 9AA are provision of services by contractors or sub-
responsible to the Chief Commissioner of
Police and Corrections (Amendment) Act 1997
| s. 16 | Act No. 26/1997 |
contractors under those agreements and have any other functions that may be prescribed or specified by the Chief Commissioner.
(3) A monitor referred to in sub-section (2) must
make an annual report in writing to the Secretary on his or her operations. That report is to form part of the Department's
annual report under the FinancialManagement Act 1994.
(3A) A monitor referred to in sub-section (2A)
must make an annual report in writing to the Chief Commissioner of Police on his or her operations. That report is to form part of the Chief Commissioner's annual report under
the Financial Management Act 1994.".
(2) In section 9D(4) of the Principal Act for "or 9(1)"
substitute ", 9(1) or 9AA".
16. Supreme Court—limitation of jurisdiction
(1) In section 111A of the Principal Act before "It is the intention" insert "(1)".
(2) At the end of section 111A of the Principal Act
insert—
"(2) It is the intention of section 9CB as amended
by the Police and Corrections
(Amendment) Act 1997 to alter or varysection 85 of the Constitution Act 1975.".
_______________
Police and Corrections (Amendment) Act 1997
Act No. 26/1997 s. 17
PART 4—AMENDMENT OF THE FIREARMS ACT 1996
17. Principal Act
In this Part the Firearms Act 1996 is called the No. 66/1996. Principal Act.
18. Amendment of section 9—issue of longarms licences In section 9 of the Principal Act, for sub-section (3) substitute—
"(3) The Chief Commissioner may licence a person to possess, carry or use—
(a) for the reason of clay target shooting—
(i) more than one registered category C longarm, being shotguns, if the Chief Commissioner is satisfied
that the person has a genuine need to possess, carry or use more than one such longarm; or
for any other reason set out in section 11(1)(a)— in any other case, not more than longarm, being a shotgun; or (ii)
(b)
(i) not more than one registered and
(ii) not more than one registered category C longarm, being a shotgun.".
19. Amendment of section 11—reasons for applying for category C longarms licence
(1) In section 11(1)(a) of the Principal Act—
(a) at the end of sub-paragraph (iv) omit "and";
Police and Corrections (Amendment) Act 1997
| s. 20 | Act No. 26/1997 |
(b)
after sub-paragraph (iv) insert— "(v) possessing a category C longarm,
being a shotgun, for carriage and use
by the holder of a junior licence for thepurpose of clay target shooting; and".
(2) In section 11(2) of the Principal Act, after
paragraph (d) insert—
"(e) possessing a category C longarm, being a
shotgun, for carriage and use by the holder
of a junior licence for the purpose of clay
target shooting, the applicant must—(i) demonstrate that the person who carries and uses the longarm is the holder of a junior licence and is a member of a clay target shooting club or organisation approved by the Chief Commissioner; and
(ii) be a member of a clay target shooting club or organisation approved by the Chief Commissioner;
(iii) demonstrate other prescribed
requirements;".(3) In section 11(3) of the Principal Act, for "sub- section (2)" substitute "this Act".
20. Amendment of section 18—issue of junior licences
(1) In section 18 of the Principal Act—
(a)
before "The Chief Commissioner" insert "(1)";
(b) for "or B" substitute ", B or C".
(2) At the end of section 18 of the Principal Act
insert—
"(2) The Chief Commissioner must not issue a
junior licence which authorises the carriage
Police and Corrections (Amendment) Act 1997
Act No. 26/1997 s. 21 or use of a category C longarm, being a
shotgun, unless the applicant can
demonstrate that the licence is required forthe reason of clay target shooting.
(3) For the purposes of demonstrating that a
junior licence is required for the reason of clay target shooting, the applicant must—
(a) be a member of a clay target shooting club or organisation approved by the Chief Commissioner; and (b) engage in clay target shooting at an approved shooting range; and (c) demonstrate other prescribed
requirements.".
21. Amendment of section 20—discretion of Chief Commissioner to refuse junior licence
In section 20(b)(i) of the Principal Act, for "or B" substitute ", B or C".
22. Amendment of section 45—disposal of firearms where licence not renewed
In section 45 of the Principal Act, for sub-section
(1) substitute—"(1) A person whose licence is not renewed does
not commit an offence under this Part if he
or she possesses or carries a firearm heldunder that licence—
(a) made against the decision not to renew
the licence, for 28 days after the licenceif no application for review has been of the firearm; or
(b)
if an application for review has been made against the decision not to renew the licence, for 28 days after the
Police and Corrections (Amendment) Act 1997
| s. 23 | Act No. 26/1997 |
| confirmation of the decision, for the purposes of disposing of the firearm.". |
23. Amendment of section 53—disposal of firearms where licence suspended or cancelled
In section 53 of the Principal Act, for sub-section
(4) substitute—
"(4) If a person has surrendered a firearm orammunition under this section or if a firearm or ammunition has been seized from a person under this section, that person must dispose
of that firearm or ammunition to a licensed
firearms dealer—
(a) if the surrender or seizure is as a consequence of the making of an intervention order under section 4 of the Crimes (Family Violence) Act
1987—(i) within 56 days of the making of the order; or
(ii) if an application for a declaration has been made under section 189 within 56 days of the making of
the order, within 28 days of a
decision not to make that
declaration; or
(b) if the surrender or seizure is as a consequence of a decision of the Chief Commissioner to cancel or suspend a licence— (i) if no application for review has been made against the decision, within 28 days of the making of the decision; or
(ii) if an application for review of the decision has been made, within 28
Police and Corrections (Amendment) Act 1997
s. 24
s. 25
Act No. 26/1997
days of the confirmation of the
decision under that procedure; or
(c)
if the surrender or seizure is as a consequence of any other cancellation of a licence, within 28 days of the cancellation.
(5) If a person—
(a) declaration under section 189 before
the commencement of this section but
that application has not beenhas made an application for a or
(b)
makes an application for a declaration under section 189 within 56 days of the commencement of this section—
for the purposes of sub-section (4)(a)(ii), that
person is deemed to have made that
application within 56 days of the making ofthe order.".
24. Substitution of section 68
For section 68 of the Principal Act substitute—
"68. Licence conditions for dealers licences
(1) A dealers licence is subject to any
conditions imposed on the licence or
the category of licence by the Chief
Commissioner.
(2) The holder of a dealers licence must comply with any conditions to which the licence is subject.
Penalty: 60 penalty units.".
25. Amendment of section 112—surrender of firearms Police and Corrections (Amendment) Act 1997
Act No. 26/1997
In section 112(3) of the Principal Act, for
"licence" substitute "permit".26. Amendment of section 130—offence of carrying firearms in populous places not to apply to protective services officers and authorised officers
In section 130 (2) of the Principal Act—
(a) in paragraph (a), after "police force" insert "or a protective services officer" and for "their" substitute "his or her"; (b) in paragraph (d), for "in putting down birds or animals" substitute "under any relevant law within the meaning of the Conservation, Forests and Lands Act 1987 or under the Livestock Disease Control Act 1994 or the Prevention of Cruelty to
Animals Act 1986".
27. Amendment of section 131—persons entitled to carry firearms on private property without consent of owner
In section 131 of the Principal Act, after sub-
section (2) insert—"(3) Sub-section (1) does not apply to—
(a)
any member of the police force or a protective services officer when acting in the course of his or her official duties and when so authorised by the Chief Commissioner; or
(b)
any member of a police force of the Commonwealth or of another State or a Territory when carrying or using a firearm issued to him or her for the performance of a detailed duty; or
(c)
any person who holds a licence under this Act, issued for the reason of prison guard when carrying or using a firearm
Police and Corrections (Amendment) Act 1997
Act No. 26/1997 s. 28 which the guard is authorised to carry
or use under the licence, when acting in
the course of his or her duties as a
prison guard and when in the
immediate pursuit of a person under his
or her custody; or
(d) any person who holds a licence under this Act, when carrying or using a firearm which the person is authorised to carry or use under the licence and who is acting in the course of his or her duties under any relevant law within the meaning of the Conservation, Forests and Lands Act 1987 or under the Livestock Disease Control Act 1994 or the Prevention of Cruelty to Animals Act 1986.".
28. Amendment of section 139—notification of change of address
In section 139 of the Principal Act, after "on the licence" insert "or permit".
29. Insertion of new section 153A
After section 153 of the Principal Act insert—
'153A. Authorised officers under the Conservation,
Forests and Lands Act 1987 to exercise powers under this Act
(1) If an authorised officer has reasonable grounds for believing that a person is committing or is about to commit an offence
against this Act and that person has a firearm
Police and Corrections (Amendment) Act 1997
| s. 29 | Act No. 26/1997 |
or ammunition in his or her possession and
if—
(a)
that offence is or is about to be committed on land administered by the Minister administering the Conservation, Forests and Lands Act 1987, or on a road adjacent to such lands; or
(b)
that authorised officer is acting under his or her duties under the Wildlife Act 1975 or the Fisheries Act 1996—
the authorised officer may search that person
and any vehicle, package or thing in the
possession of that person, and may seize any
firearm or ammunition found during thecourse of that search.
(2) If—
(a)
an authorised officer has reasonable grounds for believing that a person is committing or is about to commit an offence against this Act or that a person is in possession of a firearm; and
(b)
the authorised officer produces his or her identification for inspection by the person—
and if—
(c)
that offence is or is about to be committed on land administered by the Minister administering the Conservation, Forests and Lands Act 1987, or on a road adjacent to such lands; or
(d)
that authorised officer is acting under his or her duties under the Wildlife Act 1975 or the Fisheries Act 1996—
Police and Corrections (Amendment) Act 1997
Act No. 26/1997 s. 30 the authorised officer may demand that the person produce his or her licence or permit under this Act.
(3) A person to whom a demand is directed
under sub-section (2) must comply with that
demand.
Penalty: 30 penalty units.
(4) An authorised officer is exempt from the
requirement to hold a licence under this Act
when possessing or carrying a firearm or
ammunition seized under this section.
(5) An authorised officer may institute a
prosecution against any person for a breach
of this section.(6) In this section "authorised officer" means
any person appointed as an authorised officer
under section 83 of the Conservation,
Forests and Lands Act 1987.'.
30. Amendment of section 179—power of Chief Commissioner to make approvals
In section 179(1) of the Principal Act, after
"firearms safety courses," insert "firearms safety
instructors,".
31. Amendment of section 185—interstate licence holders, temporary visitors
In section 185 of the Principal Act, after sub- section (1) insert—
"(1A) A person who—
Police and Corrections (Amendment) Act 1997
| s. 32 | Act No. 26/1997 |
(a)
is the holder of a licence issued in another State or a Territory which authorises the possession, carriage or
use of a category C longarm for the
purposes of clay target shooting; and(b)
ordinarily resides in the other State or Territory—
is deemed to be the holder of a
corresponding licence under this Act for the
purposes of taking part in a shooting
competition which is conducted by an
approved clay target shooting club or
organisation.".32. Amendment of section 189—application to be deemed not to be a prohibited person
After section 189(2) of the Principal Act insert—
"(2A) A person who is making an application
under this section must give 28 days written
notice of that application to—(a) the registrar of the Court; and (b) the Chief Commissioner; and
(c)
the person in whose favour the intervention order has been made.
(2B) The—
(a) Chief Commissioner; and
(b)
person in whose favour the intervention order has been made—
may appear before the Court to be heard on
the application.".
Police and Corrections (Amendment) Act 1997
Act No. 26/1997 s. 33
33. Insertion of new section 189A
After section 189 of the Principal Act insert—
"189A. Indictable offences
Offences against sections 5(1) and (2), 6(5), 36(3), 45(5), 53(1), 59(2), 83, 93(3), 94(3), 95(3), 96(3), 99(3), 100(3), 102(3), 115(1), 116(1), 121(3), 122(2), 123(3), 126(3),
127(3), 132(2), 134(1), (2) and (3), 135(3), 136, 137 and 138 are indictable offences.".
34. Amendment of section 195—transitional provision
In section 195(3) of the Principal Act, for "section
177" substitute "section 193".35. Amendment of sections 201 and 202—amendments to the Magistrates' Court Act 1989 and the Crimes Act 1958
(1) In the proposed amendment to Schedule 4 to the Magistrates' Court Act 1989 by section 201(3) of the Principal Act, for "section 32" substitute "section 31A".
(2) In the proposed insertion of section 32 in the
Crimes Act 1958 by section 202 of the Principal
Act, for "32." substitute "31A.".
36. Amendment to Schedule 2—special conditions for licences
(1) In item 2 of Schedule 2 to the Principal Act, after paragraph (2) insert— "(3) If the holder of the licence is authorised to
possess a firearm for carriage and use by the holder of a junior licence for the purpose of clay target shooting—
Police and Corrections (Amendment) Act 1997
| s. 36 | Act No. 26/1997 |
(a) the holder of the licence must remain a member of a clay target shooting club or organisation approved by the Chief Commissioner for the period of the licence; and (b) the person who carries and uses the firearm must remain the holder of a junior licence and a member of a clay target shooting club for the period of
the licence.".(2) In item 4 of Schedule 2 to the Principal Act, for
paragraph (1) substitute—
"(1) If the holder of the licence—
(a)
is authorised to carry or use a category A or B longarm, the holder must not carry or use such a longarm except under the immediate supervision of a person who is the holder of a longarm licence for category A or B longarms;
(b)
is authorised to carry or use a category C longarm, the holder must not carry or use such a longarm except under the
immediate supervision of a person who
is the holder of a longarm licence for
category C longarms which authorises
the possession, carriage and use of
category C longarms for the purposes
of clay target shooting;(c)
is authorised to carry or use a handgun, the holder must not carry or use such a handgun except under the immediate
supervision of a person who is the
holder of a handgun licence.".
Police and Corrections (Amendment) Act 1997
Act No. 26/1997 s. 37
37. Amendment to Schedule 4—storage requirements
In item 5(b) of Schedule 4 to the Principal Act, for
"firearm" substitute "ammunition".
_____________
Police and Corrections (Amendment) Act 1997
| s. 38 | Act No. 26/1997 |
PART 5—AMENDMENT OF THE POLICE REGULATION
ACT 1958
38. Principal Act
| No. 6338. | In this Part the Police Regulation Act 1958 is |
| Reprint No.7 | |
| as at 1 | called the Principal Act. |
| February | |
| 1997. |
39. New section 16B substituted
For section 16B of the Principal Act substitute—
"16B. Incapacitated officers
(1) The Chief Commissioner may of his or her
own volition or at the request of a member of the force inquire into the fitness and capacity of the member to discharge the duties of his
or her office.
(2) In connection with that inquiry the Chief
Commissioner may require the member to submit himself or herself for examination by the Police Medical Officer or by a registered medical practitioner (within the meaning of the Medical Practice Act 1994) nominated by the Chief Commissioner.
(3) If the Chief Commissioner is satisfied that
the member is incapacitated for the
performance of his or her duty by infirmity
of mind or body he or she may cause the
member to be retired.".
40. Where charge found proven against a member
For section 80(1)(a) to (g) of the Principal Act
substitute—"(a) do one or more of the following—
(i) reprimand the member;
Police and Corrections (Amendment) Act 1997
Act No. 26/1997 s. 41 (ii) reduce rank or seniority of the member;
(iii) reduce the remuneration of the member; or
(b)
require the member to be of good behaviour for a period not exceeding 12 months; or
(c)
impose a fine not exceeding 40 penalty units; or
(d) transfer the member to other duties; or
(e) dismiss the member.".
41. Definitions
(1) In section 86A of the Principal Act for the
definition of "conduct" substitute—
' "conduct", in relation to a member of the force,
means—
(a)
an act or decision or the failure or refusal by the member to act or make a decision in the exercise, performance or discharge, or purported exercise, performance or discharge, whether within or outside Victoria, of a power, function or duty which the member has as or, by virtue of being, a member of the force; or
(b)
conduct which constitutes an offence punishable by imprisonment; or
(c)
conduct which is likely to bring the force into disrepute or diminish public confidence in it; or
(d)
disgraceful or improper conduct (whether in the member's official capacity or otherwise);'.
Police and Corrections (Amendment) Act 1997
| s. 42 | Act No. 26/1997 |
(2) In section 86A of the Principal Act insert—
' "serious misconduct", in relation to a member of the force, means—
(a)
conduct which constitutes an offence punishable by imprisonment; or
(b)
conduct which is likely to bring the force into disrepute or diminish public confidence in it; or
(c)
disgraceful or improper conduct (whether in the member's official capacity or otherwise);'.
42. Making of complaints by members of police force
(1) In section 86L(2)(a) of the Principal Act after"force" insert "except as set out in sub-section
(2A)".
(2) After section 86L(2) of the Principal Act insert—
"(2A) A member of the force may make a
complaint to the Deputy Ombudsman about
the serious misconduct of a member of theforce.".
43. New section 86M substituted
(1) For section 86M of the Principal Act substitute—
"86M. Complaints made to a member of the force
(1) The Chief Commissioner must investigate a
complaint made to a member of the police
force about the serious misconduct of amember of the police force.
(2) The Chief Commissioner must as soon as
practicable after a complaint of serious misconduct is made give to the Deputy Ombudsman in writing the prescribed details
of the complaint.
Police and Corrections (Amendment) Act 1997
Act No. 26/1997 s. 44 (3) The Chief Commissioner must as soon as
practicable after commencing an
investigation into any alleged serious
misconduct by a member of the force give to
the Deputy Ombudsman in writing the
prescribed details of the investigation.".
44. Power to require answers
(1) In section 86Q(1) of the Principal Act for "offence under section 88" substitute "breach of discipline under section 69".
(2) For section 86Q(2) of the Principal Act
substitute—
"(2) A member of the force who does not comply
with a direction commits a breach of
discipline and is liable to be dealt with as for
a breach of discipline under section 69.".
(3) In section 86Q(3) of the Principal Act for "for an
offence under section 88" substitute "for a breach
of discipline under section 69".
45. Application of complaints procedure to police reservists and protective services officers
(1) In section 103(3) of the Principal Act after
"twenty-four" insert "and Parts IV and IVA".
(2) For section 118B(2) of the Principal Act
substitute—
"(2) Officers are not members of the force except
for the purposes of Parts IV and IVA.".
46. New section 109 substituted
For section 109 of the Principal Act substitute—
"109. Discipline
For the purpose of maintaining discipline a police reservist is subject, as far as is applicable, to Part IV and any regulations
Police and Corrections (Amendment) Act 1997
| s. 47 | Act No. 26/1997 |
made for the purposes of that Part, and to the
standing orders and instructions issued bythe Chief Commissioner.".
47. New section 118F substituted
For section 118F of the Principal Act substitute—
"118F. Discipline
For the purpose of maintaining discipline, an officer is subject, as far as is applicable, to Part IV and any regulations made for the purposes of that Part, and to the standing orders and instructions issued by the Chief Commissioner.".
48. Statute law revision
The Principal Act is amended as follows—
(a) in sections 4E(1) and 6A(1)(d) for "Public Service Act 1974" substitute "Public Sector Management Act 1992"; (b) the heading "Police Pensions Fund" following section 54 is repealed; (c) for the heading to Division 4 of Part 3 substitute "Division 4—ESS Board"; (d) in section 91B(2) for "to the term" substitute "of the term"; (e) in section 91F(1)(e) for "section 80(1)(a)(ii) or (iii) (d) or (e)";
(f) clause 3(3) of Schedule 1A is repealed.
_______________
Police and Corrections (Amendment) Act 1997
Act No. 26/1997 s. 49
PART 6—OTHER AMENDMENTS
49. Children and Young Persons Act 1989—search powers
(1) After section 256A(2)(b) of the Children and Young Persons Act 1989 insert— "(ba) if in his or her opinion it is necessary to do
so in the interests of the safety and security of the person or any person in the centre or with whom the person may come into
contact on leaving the centre, cause a person detained in the centre to submit to search and examination of the person and of any article
or thing (including a letter) in the person's possession or under the person's control if there is reasonable cause to believe that the
article or thing—(i) is of a kind referred to in paragraph (a)(ii); or
(ii) jeopardises or is likely to jeopardise the security or safety of the person or any person in the centre or with whom the person may come into contact on leaving the centre;".
(2) In section 256A(3) of the Children and Young
Persons Act 1989 after "persons in it" insert "or, in the case of a search under sub-section (2)(ba) is likely to jeopardise the safety and security of the
person subjected to the search or any person with
whom that person may come into contact".
50. Children and Young Persons Act 1989—offence to escape
In section 267(1) of the Children and Young Persons Act 1989 after "custody"(where first
Police and Corrections (Amendment) Act 1997
| s. 51 | Act No. 26/1997 |
occurring) insert "of the Chief Commissioner of
Police or".51. Crimes Act 1958—removal of accused persons to and from detention
(1) In section 361(1) of the Crimes Act 1958 for "removed" substitute "caused to be removed".
(2) In section 361(2) of the Crimes Act 1958—
(a) omit "and for and during the time of his being detained in any prison"; and (b) after "member of the police force" insert "or other officer".
(3) After section 361(3) of the Crimes Act 1958
insert—
"(4) This section extends and applies—
(a) to any accused person in custody in a police gaol, as if— (i) any reference to a prison were a reference to the police gaol; and
(ii) charge of a prison were a
any reference to the officer in Commissioner of Police; and
(b) to any accused person detained in an approved mental health service within the meaning of the Mental Health Act 1986, as if— (i) any reference to a prison were a reference to the approved mental health service; and
(ii) any reference to the officer in charge of a prison were a reference to the authorised
Police and Corrections (Amendment) Act 1997
Act No. 26/1997 s. 52 psychiatrist of the approved
mental health service; and
(c) to any accused person in custody in a remand centre, youth residential centre or youth training centre within the meaning of the Children and Young Persons Act 1989, as if— (i) any reference to a prison were a reference to the remand centre, youth residential centre or youth
training centre; and
(ii) any reference to the officer in charge of a prison were a reference to the Secretary to the Department of Human Services.".
52. Crimes Act 1958—offence to escape
(1) In section 479C(1)(b) of the Crimes Act 1958
after "Justice," insert "the Chief Commissioner of
Police,".
(2) In section 479C(4) of the Crimes Act 1958 after
"Justice" insert "or the Chief Commissioner of
Police".
53. Crimes Act 1958—new Part 7 inserted
After Part 6 of the Crimes Act 1958 insert—
"PART 7—GENERAL
585. Supreme Court—limitation of jurisdiction It is the intention of section 361 as amended by the Police and Corrections
(Amendment) Act 1997 to alter or vary
section 85 of the Constitution Act 1975.".
Police and Corrections (Amendment) Act 1997
| s. 54 | Act No. 26/1997 |
54. Sentencing Act 1991—hospital orders
After section 94(2) of the Sentencing Act 1991
insert—"(3) Unless the court otherwise directs, a member
of the police force may by authority of this
section exercise the power of a person
named in the order in place of that person to
take an offender to or from an approvedmental health service.
(4) An offender who is being taken by a member
of the police force to or from an approved mental health service under an order under this Part is deemed to be in the custody of the Chief Commissioner of Police while
being so taken.".
55. Indictable offences triable summarily
In Schedule 4 to the Magistrates' Court Act
1989, after item 49 insert—
"49A. Offence for prohibited person to possess, carry or use
a firearm
Offences under section 5(1) and (2) of the Firearms
Act 1996.
49B. Offence for a non-prohibited person to possess, carry
or use a longarm without a licence
Offences under section 6(5) of the Firearms Act 1996.
49C. Offence not to comply with licence conditions of
longarm licence
Offences under section 36(3) of the Firearms Act
1996.
49D. Failure to dispose of firearms where licence not
renewed
Offences under section 45(5) of the Firearms Act
1996.
Police and Corrections (Amendment) Act 1997
Act No. 26/1997 s. 55 49E. Failure to surrender firearms or licence document
Offences under section 53(1) of the Firearms Act
1996.
49F. Offence to carry on business of dealing in firearms
Offences under section 59(2) of the Firearms Act
1996.
49G. Failure to surrender firearms or licence document
Offences under section 83 of the Firearms Act 1996.49H. Acquisition of firearms from particular persons Offences under section 93(3) of the Firearms Act 1996.
49I. Disposal of firearms to particular persons
Offences under section 94(3) of the Firearms Act
1996.
49J. Acquisition of firearm from person who is not a
licensed dealer
Offences under section 95(3) of the Firearms Act
1996.
49K. Disposal of firearm to a person who is not a licensed
dealerOffences under section 96(3) of the Firearms Act
1996.49L. Acquisition of firearm from place outside the State
Offences under section 99(3) of the Firearms Act
1996.
49M. Disposal of firearm to place outside the State
Offences under section 100(3) of the Firearms Act
1996.
49N. Acquisition of firearm without a permit
Offences under section 102(3) of the Firearms Act
1996.
Police and Corrections (Amendment) Act 1997
| s. 55 | Act No. 26/1997 |
49O. Notice of bringing of firearm into the State
Offences under section 115(1) of the Firearms Act
1996.
49P. Notice of removal of firearm from the State
Offences under section 116(1) of the Firearms Act
1996.
49Q. Storage of longarms and handguns
Offences under section 121(3) of the Firearms Act
1996.49R. Storage of firearms held under collectors licences Offences under section 122(2) of the Firearms Act 1996.
49S. Storage of firearms under dealers licences
Offences under section 123(3) of the Firearms Act
1996.
49T. Safekeeping of firearms during carriage
Offences under section 126(3) of the Firearms Act
1996.
49U. Use of firearm by person other than possessor
Offences under section 127(3) of the Firearms Act
1996.
49V. Carriage and use of firearms
Offences under section 132(2) of the Firearms Act
1996.
49W. Offence to alter a firearm
Offences under sub-section (1), (2) and (3) of section
134 of the Firearms Act 1996.
49X. Offence to own a firearm without a licence to possess
Offences under section 135(3) of the Firearms Act
1996.
49Y. Offence to dispose of a firearm to a minor
Offences under section 136 of the Firearms Act 1996.
Police and Corrections (Amendment) Act 1997
Act No. 26/1997 s. 55 49Z. Offence to alter documents
Offences under section 137 of the Firearms Act 1996.
49ZA. False entries in registers
Offences under section 138 of the Firearms Act
1996.".
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Police and Corrections (Amendment) Act 1997
| Notes | Act No. 26/1997 |
NOTES
†
Minister's second reading speech—
Legislative Assembly: 10 April 1997
Legislative Council: 1 May 1997
The long title for the Bill for this Act was "to amend the Control of
Weapons Act 1990, the Corrections Act 1986, the Firearms Act 1996
and the Police Regulation Act 1958 and other Acts and for otherpurposes."
Constitution Act 1975:
Section 85(5) statement:
Legislative Assembly: 10 April 1997
Legislative Council: 1 May 1997
Absolute majorities:
Legislative Assembly: 29 April 1997 and 15 May 1997
Legislative Council: 14 May 1997
0
0
0