Summary Offences (Amendment) Act 1998 (Vic)

Summary Offences (Amendment) Act 1998

Act No. 8/1998

TABLE OF PROVISIONS

Section Page

1.	Purpose	1
2.	Commencement	1
3.	Principal Act	2
4.	Habitual drunkard	2
5.	Making false reports to police	2
6.	Transitional	3

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NOTES 4

i

Victoria

No. 8 of 1998

Summary Offences (Amendment) Act

1998†

[Assented to 21 April 1998]

The Parliament of Victoria enacts as follows:

1. Purpose

The purpose of this Act is to amend the Summary

Offences Act 1966 with respect to—

(a) habitual drunkenness; and

(b) making a false report to police.

2. Commencement

This Act comes into operation on the day on which it receives the Royal Assent.

Summary Offences (Amendment) Act 1998

Act No. 8/1998 s. 3

3. Principal Act

In this Act, the Summary Offences Act 1966 is	No. 7405. Reprinted to
called the Principal Act.	No. 23/1994 and
subsequently amended by
No. 44/1997.

4. Habitual drunkard

Section 15 of the Principal Act is repealed.

5. Making false reports to police

(1) In section 53(1) of the Principal Act, for "15

penalty units or imprisonment for three months"
substitute "120 penalty units or imprisonment for

1 year".

(2) In section 53 of the Principal Act, for sub-section

(6A) substitute—

'(6A) In addition to and without derogating from

section 86 of the Sentencing Act 1991, if a commission of the offence.

court finds a person guilty of, or convicts a
person of, an offence against this section, the
court may order the person to pay to the
informant a reasonable amount for any
expenses, including remuneration payable to
members of the police force, incurred by the

(6AB) In sub-section (6A) "remuneration", in
relation to a person, includes long service
leave entitlements, holiday pay,
superannuation contributions and any other

employment benefits.

(6AC) If a court decides to make an order under

sub-section (6A), sub-sections (2), (3), (4),
(7), (8) and (9) of section 86 of the
Sentencing Act 1991 apply as if—

Summary Offences (Amendment) Act 1998

s. 6 Act No. 8/1998

(a)	a reference to an order under sub- section (1) were a reference to an order under sub-section (6A); and
(b)	a reference to compensation were a reference to expenses referred to in sub-section (6A).

(6AD) An order under sub-section (6A) must be

taken to be a judgment debt due by the
offender to the informant and payment of
any amount remaining unpaid under the
order may be enforced in the court by which

it was made.'.

6. Transitional

In section 62 of the Principal Act, at the end of the
section insert—
"(2) Section 53 as amended by section 5 of the

Summary Offences (Amendment) Act 1998 applies only to offences committed after the commencement of that Act.".

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Summary Offences (Amendment) Act 1998

Act No. 8/1998 Notes

NOTES

†

Minister's second reading speech—

Legislative Assembly: 26 February 1998

Legislative Council: 25 March 1998

The long title for the Bill for this Act was "to amend the Summary
Offences Act 1966 and for other purposes."