Untitled document

Serious Sex Offenders (Detention and Supervision) Amendment (Community Safety) Regulations 2016

S.R. No. 128/2016

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Principal Regulations

5Objectives substituted

6New regulations 20 to 22 inserted

7New Form 16 inserted

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Endnotes

STATUTORY RULES 2016

S.R. No. 128/2016

Serious Sex Offenders (Detention and Supervision) Act 2009

Serious Sex Offenders (Detention and Supervision) Amendment (Community Safety) Regulations 2016

The Governor in Council makes the following Regulations:

Dated: 18 October 2016

Responsible Minister:

STEVE HERBERT
Minister for Corrections

ANDREW ROBINSON

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Serious Sex Offenders (Detention and Supervision) Regulations 2009 to prescribe—

(a)the information required in—

(i)a register of things seized by police officers; and

(ii)a receipt for seized things; and

(b)the process for—

(i)signing the receipt for seized things; and

(ii)giving a retrieval notice; and

(c)the form for a retrieval notice.

2Authorising provision

These Regulations are made under section 198 of the Serious Sex Offenders (Detention and Supervision) Act 2009.

3Commencement

These Regulations come into operation on 31 October 2016.

4Principal Regulations

In these Regulations, the Serious Sex Offenders (Detention and Supervision) Regulations 2009[1] are called the Principal Regulations.

5Objectives substituted

For regulation 1 of the Principal Regulations substitute—

"1   Objectives

The objectives of these Regulations are to prescribe—

(a)forms for the purposes of the Serious Sex Offenders
(Detention and Supervision) Act 2009; and

(b)matters in relation to the seizure of things under the Serious Sex Offenders (Detention and Supervision) Act 2009; and

(c)any other matter required or necessary under the Serious Sex Offenders (Detention and Supervision) Act 2009.".

6New regulations 20 to 22 inserted

After regulation 19 of the Principal Regulations insert—

"20   Register of things seized by police officers

For the purposes of section 158I(2) of the Act, the prescribed details are—

(a)the time, date and place of the seizure; and

(b)the name of the police officer who seized the thing; and

(c)a description of the thing seized; and

(d)the name and address of the person from whom the thing was seized; and

(e)if the person from whom the thing was seized is not the owner of the thing, the name and address of the owner of the thing (if known); and

(f)a photograph taken of the thing (if any).

21Receipt for seized things

(1)For the purposes of section 158K(3)(a) of the Act, the prescribed information is—

(a)the time, date and place of the seizure; and

(b)the name of the police officer, community corrections officer, supervision officer or specified officer (as the case requires) who—

(i)seized the thing; or

(ii)is responsible for recording the details of the seized thing; and

(c)a description of the thing seized; and

(d)the name of the person from whom the thing was seized; and

(e)if the person from whom the thing was seized is not the owner of the thing, the name and address of the owner of the thing (if known); and

(f)information regarding the person's right under section 158O of the Act to apply to the Magistrates' Court for the return of the seized thing.

(2)The information specified in subregulation (1) may be contained in one or more receipts.

(3)Subject to subregulations (4) and (5), for the purposes of section 158K(3)(b) of the Act, a receipt must be signed by—

(a)the person from whom the thing was seized; and

(b)the police officer, community corrections officer, supervision officer or specified officer (as the case requires) who—

(i)seized the thing; or

(ii)is responsible for recording the details of the seized thing.

(4)If the person from whom the thing was seized refuses to sign a receipt, a receipt may be signed by—

(a)a police officer, a community corrections officer, a supervision officer or a specified officer who is present at the time of the seizure, other than the police officer, the community corrections officer, the supervision officer or the specified officer who has signed the receipt in accordance with subregulation (3)(b); or

(b)any other adult not referred to in paragraph (a) who is present at the time of the seizure.

(5)The signature by the officer present at the time of seizure is sufficient for the purposes of subregulation (3) if—

(a)the person from whom the thing was seized refuses to sign a receipt; and

(b)there is only one police officer, community corrections officer, supervision officer or specified officer present at the time of seizure; and

(c)there is no other adult present at the time of the seizure.

22Retrieval notice

For the purposes of section 158N(3) of the Act—

(a)the prescribed information is the information in the form set out in Form 16; and

(b)a retrieval notice may be given by—

(i)being personally served on the serious sex offender or owner of the seized thing (as the case requires); or

(ii)being posted by ordinary or registered post to the last known address of the serious sex offender or owner of the seized thing (as the case requires); or

(iii)if the serious sex offender or owner of the seized thing (as the case requires) has consented to receiving information by email, being sent to the email address designated by the serious sex offender or owner of the seized thing for receiving information.".

7New Form 16 inserted

After Form 15 of the Principal Regulations insert—

"FORM 16

Regulation 22

RETRIEVAL NOTICE

TO:   [insert name of serious sex offender or owner of seized thing(s)]

OF:   [insert address of serious sex offender or owner of seized thing(s)]

In accordance with section 158N of the Serious Sex Offenders (Detention and Supervision) Act 2009, I am notifying you that the *Commissioner/*Chief Commissioner of Police is no longer authorised to retain the following things which were seized at [insert location of seizure] on [insert date of seizure]:

[insert details of each seized thing that can be retrieved]

Retrieving your things

You are now able to retrieve the thing(s) referred to above. If you wish to retrieve the thing(s), you may attend at [insert address of the location from which the seized thing(s) can be retrieved] between the hours of [insert opening hours of location].

You should bring this retrieval notice and photo identification with you to retrieve your seized thing(s).

What will happen if you do not retrieve your seized things

If you do not retrieve the thing(s) referred to above by [insert date that is at least 3 months from the date of this retrieval notice], the thing(s) will be dealt with in accordance with section 158N(4) or (5) of the Serious Sex Offenders (Detention and Supervision) Act 2009.

If this retrieval notice is issued by or on behalf of the Chief Commissioner of Police, the seized thing(s) will be dealt with as if it were unclaimed property and may be disposed of by an authorised person in accordance with Division 3 of Part 4 of the Victoria Police Act 2013. Disposal may be by sale by public auction, destruction, or any other means approved by the Minister for Police.

If this retrieval notice is issued by or on behalf of the Commissioner, the seized thing(s) will be forfeited to the Crown and the Minister for Corrections may direct that the thing(s) be disposed of in any manner that the Minister for Corrections thinks fit, including by destruction.

NAME:  [insert name of person issuing this retrieval notice]

TITLE:    [insert title of person issuing this retrieval notice]

DATE:   [insert date of this retrieval notice]

*Delete whichever is not applicable".

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Endnotes

[1] Reg. 4: S.R. No. 187/2009 as amended by S.R. Nos 21/2014 and 84/2016.