Police Legislation Amendment (Road Safety Camera Commissioner and Other Matters) Act 2019 (Vic)

Police Legislation Amendment (Road Safety Camera Commissioner and Other Matters) Act 2019

No. 39 of 2019

table of provisions

Section  Page

Part 1—Preliminary

1Purposes

2Commencement

Part 2—Amendment of Road Safety Camera Commissioner Act 2011

3Definitions

4New Division 1 heading inserted in Part 2

5New Division 2 heading inserted in Part 2

6Functions

7Powers

8New section 11A inserted

9New Division 3 inserted in Part 2

10New Division 4 heading inserted in Part 2

11Reports to Parliament

12New section 22A inserted

Part 3—Amendment of Victoria Police Act 2013

13Disposal of unclaimed property

Part 4—Amendment of Magistrates' Court Act 1989

14Persons to whom warrant to arrest may be directed

15Schedule 8—Savings and transitionals

Part 5—Repeal of this Act

16Repeal of this Act

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Endnotes

1      General information

Police Legislation Amendment (Road Safety Camera Commissioner and Other Matters) Act 2019

No. 39 of 2019

[Assented to 6 November 2019]

The Parliament of Victoria enacts:

Part 1—Preliminary

1Purposes

The purposes of this Act are—

(a)to amend the Road Safety Camera Commissioner Act 2011—

(i)to clarify and strengthen cooperation and information sharing between the Commissioner, the Department and any contractor; and

(ii)to empower the Minister to issue guidelines in relation to information sharing between the Commissioner, the Department and any contractor; and

(iii)to strengthen reporting and procedural fairness requirements; and

(iv)to give the Commissioner statutory immunity from civil liability for acts or omissions done in good faith; and

(b)to amend the Victoria Police Act 2013 to reduce the retention period for found property that is not claimed; and

(c)to amend the Magistrates' Court Act 1989 in relation to the powers of protective services officers.

2Commencement

(1)This Act (except Part 2) comes into operation on the day after the day on which this Act receives the Royal Assent.

(2)Subject to subsection (3), Part 2 comes into operation on a day or days to be proclaimed.

(3)If a provision of Part 2 does not come into operation before 24 August 2020, it comes into operation on that day.

Part 2—Amendment of Road Safety Camera Commissioner Act 2011

3Definitions

In section 3 of the Road Safety Camera Commissioner Act 2011 insert the following definitions—

"contractor means a person or body engaged by the Department to deliver services for the operation of the road safety camera system;

Department means the Department of Justice and Community Safety;".

4New Division 1 heading inserted in Part 2

Before section 4 of the Road Safety Camera Commissioner Act 2011 insert—

"Division 1—Establishment and appointment".

5New Division 2 heading inserted in Part 2

After section 9 of the Road Safety Camera Commissioner Act 2011 insert—

"Division 2—Functions and powers".

6Functions

In section 10(b) of the Road Safety Camera Commissioner Act 2011, for "Department of Justice" substitute "Department".

7Powers

In section 11(2)(a) of the Road Safety Camera Commissioner Act 2011, for "Department of Justice" substitute "Department".

8New section 11A inserted

After section 11 of the Road Safety Camera Commissioner Act 2011 insert—

"11A   Protection from liability

(1)The Commissioner is not personally liable for anything done or omitted to be done in good faith—

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

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

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

9New Division 3 inserted in Part 2

After section 13A of the Road Safety Camera Commissioner Act 2011 insert—

"Division 3—Administrative matters

13B Request from Commissioner for information concerning the operation of the road safety camera system

(1)If the Commissioner requests information from the Department under section 11(2)(a), the Department is authorised to disclose information to the Commissioner for the purposes of complying with the Commissioner's request.

(2)If a contractor is in possession or control of information that is subject to the Commissioner's request under section 11(2)(a), the contractor must provide the information to the Department on the Department's request.

(3)The Department must ensure that any information provided to the Commissioner in response to the Commissioner's request under section 11(2)(a)—

(a)is provided to the Commissioner in a timely manner; and

(b)is comprehensive and relevant to the Commissioner's request.

13CDuty to cooperate

The Department and any contractor must cooperate with any reasonable request made by the Commissioner, or any person assisting the Commissioner, that has been made for the purposes of performing the functions or exercising the powers of the Commissioner.

13DMinister may make guidelines

(1)The Minister may make guidelines in relation to the following matters—

(a)the performance of functions and the exercise of powers by the Commissioner;

(b)privacy and security requirements under the Act;

(c)record-keeping requirements under the Act;

(d)information sharing between the Department, any contractor and the Commissioner including any timeframes for the provision of information to the Commissioner;

(e)reporting requirements to the Minister in relation to information sharing between the Department, any contractor and the Commissioner;

(f)any other matter necessary to meet the requirements of the Act.

(2)The Minister must publish guidelines made under this section in the Government Gazette.".

10New Division 4 heading inserted in Part 2

Before section 14 of the Road Safety Camera Commissioner Act 2011 insert—

"Division 4—Reference Group".

11Reports to Parliament

(1)Section 21(3) of the Road Safety Camera Commissioner Act 2011 is repealed.

(2)After section 21(4) of the Road Safety Camera Commissioner Act 2011 insert—

"(5)If the Commissioner intends to include in a report under this section a finding or comment that names a person or body, the Commissioner must—

(a)first give that person or body a reasonable opportunity to respond to the Commissioner's finding or comment; and

(b)fairly set out in the report each element of the response of the person or body.

(6)The Commissioner must give a copy of a report prepared under this section to the Minister at least 28 days before the report is transmitted to Parliament under section 22.".  

12New section 22A inserted

After section 22 of the Road Safety Camera Commissioner Act 2011 insert—

"22A   Commissioner's draft work program

(1)At the beginning of each financial year, the Commissioner must prepare a draft work program that sets out any proposed reports for the Parliament under section 21(4) for that year.

(2)In preparing a draft work program under this section, the Commissioner must consult with the Department.".

Part 3—Amendment of Victoria Police Act 2013

13Disposal of unclaimed property

(1)For section 57(2)(c) of the Victoria Police Act 2013 substitute—

"(c)if the property is found property, it may be disposed of if it is not claimed within a period determined by the Chief Commissioner of Police that is at least one month after coming into the possession of the member of Victoria Police personnel; or

(d)in any other case, the property may be disposed of if it is not claimed within 3 months after coming into the possession of the member of Victoria Police personnel.".

(2)In section 57(8) of the Victoria Police Act 2013, in the definition of authorised person, for "subsection (7)." substitute "subsection (7);".

(3)In section 57(8) of the Victoria Police Act 2013 insert the following definition—

"found property means property that is—

(a)lost or abandoned; and

(b)found by, or given to, a member of Victoria Police personnel.".

Part 4—Amendment of Magistrates' Court Act 1989

14Persons to whom warrant to arrest may be directed

(1)For section 63(2) of the Magistrates' Court Act 1989 substitute—

"(2)A warrant to arrest directed to a named police officer may be executed by any police officer.

(2A)A warrant to arrest directed to a named police officer or to generally all police officers may be executed by any protective services officer.".

(2)In section 63(3) of the Magistrates' Court Act 1989, for "subsection (2)(b)" substitute "subsection (2A)".

15Schedule 8—Savings and transitionals

After clause 57 of Schedule 8 to the Magistrates' Court Act 1989 insert—

"58   Validation of certain actions by protective services officers

(1)The execution by a protective services officer on or after 28 November 2011 and before 1 July 2014 of a warrant to arrest directed to generally all members of the police force is as valid as it would have been had section 63 authorised the execution of such a warrant at the time of execution.

(2)The execution by a protective services officer on or after 1 July 2014 and before the commencement day of a warrant to arrest directed to generally all police officers is as valid as it would have been had the amendments to section 63 made by the amending Act been in operation at the time of execution.

(3)In this clause—

amending Act means the Police Legislation Amendment (Road Safety Camera Commissioner and Other Matters) Act 2019;

commencement day means the day on which Part 4 of the amending Act came into operation.".

Part 5—Repeal of this Act

16Repeal of this Act

This Act is repealed on 24 August 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: 29 August 2019

Legislative Council: 17 October 2019

The long title for the Bill for this Act was "A Bill for an Act to amend the Road Safety Camera Commissioner Act 2011, the Victoria Police Act 2013 and the Magistrates' Court Act 1989 and for other purposes."