Summary Offences Amendment (Decriminalisation of Public Drunkenness) Act 2021 (Vic)

Summary Offences Amendment (Decriminalisation of Public Drunkenness) Act 2021

No. 6 of 2021

table of provisions

Section  Page

Part 1—Preliminary

1Purposes

2Commencement

3Principal Act

Part 2—Amendment of Principal Act

4Heading preceding section 13 repealed

5Section 13 repealed

6Section 14 repealed

7Section 15 repealed

8Section 16 repealed

9Power to serve infringement notice

10Infringement penalty

11Section 60AC repealed

Part 3—Consequential amendments to other Acts

12Consequential amendment of Bail Act 1977

13Consequential amendment of Liquor Control Reform Act 1998

Part 4—Repeal of this Act

14Repeal of this Act

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Endnotes

1      General information

Summary Offences Amendment (Decriminalisation of Public Drunkenness) Act 2021

No. 6 of 2021

[Assented to 2 March 2021]

The Parliament of Victoria enacts:

Part 1—Preliminary

1Purposes

The main purposes of this Act are—

(a)to amend the Summary Offences Act 1966—

(i)to repeal offences relating to public drunkenness; and

(ii)to make consequential amendments relating to powers of arrest and issue of infringement notices for public drunkenness offences; and

(b)to make consequential amendments to the Bail Act 1977 and the Liquor Control Reform Act 1998.

2Commencement

(1)Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.

(2)If a provision of this Act does not come into operation before 7 November 2022, it comes into operation on that day.

3Principal Act

In this Act, the Summary Offences Act 1966 is called the Principal Act.

Part 2—Amendment of Principal Act

4Heading preceding section 13 repealed

The heading preceding section 13 of the Principal Act is repealed.

5Section 13 repealed

Section 13 of the Principal Act is repealed.

6Section 14 repealed

Section 14 of the Principal Act is repealed.

7Section 15 repealed

Section 15 of the Principal Act is repealed.

8Section 16 repealed

Section 16 of the Principal Act is repealed.

9Power to serve infringement notice

(1)In section 60AA(1) of the Principal Act omit "13, 14,".

(2)In the note at the foot of section 60AA(1) of the Principal Act omit all words and expressions beginning "Section 13" and ending "disorderly in a public place.".

(3)In section 60AA(1AB)(a) of the Principal Act omit ", 13, 14,".

(4)Section 60AA(3) of the Principal Act is repealed.

10Infringement penalty

(1)In section 60AB(4) of the Principal Act omit "13 or".

(2)Section 60AB(5) of the Principal Act is repealed.

11Section 60AC repealed

Section 60AC of the Principal Act is repealed.

Part 3—Consequential amendments to other Acts

12Consequential amendment of Bail Act 1977

In section 11(1) of the Bail Act 1977, for "any of the provisions of sections 13, 14, 16 and 17" substitute "section 17".

13Consequential amendment of Liquor Control Reform Act 1998

Item 4 of Schedule 2 to the Liquor Control Reform Act 1998 is repealed.

Part 4—Repeal of this Act

14Repeal of this Act

This Act is repealed on 7 November 2023.

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: 9 December 2020

Legislative Council: 4 February 2021

The long title for the Bill for this Act was "A Bill for an Act to amend the Summary Offences Act 1966 to repeal offences relating to public drunkenness, to make consequential amendments to the Bail Act 1977 and the Liquor Control Reform Act 1998 and for other purposes."