Untitled document
Justice Legislation Amendment Act 2015
No. 20 of 2015
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary
1Purposes
2Commencement
Part 2—Amendment of Confiscation Act 1997
3Unexplained wealth restraining orders
4Registration of interstate orders
5Charge on property subject to registered interstate restraining order
6Provision of legal aid
7Change of references to Department of Justice
Part 3—Amendment of Control of Weapons Act 1990
8Control of controlled weapons
9Infringement penalty
10Planned designation of search area
Part 4—Amendment of Emergency Management Legislation
11New section 76A inserted
12Responsible entity to conduct audit
Part 5—Amendment of Sex Offenders Registration Act 2004
13Definitions
14Register of Sex Offenders
15Person with access to Register not to disclose personal information from it
Part 6—Repeal of Magistrates' Court Amendment (Assessment and Referral Court List) Act 2010
16Repeal of Magistrates' Court Amendment (Assessment and Referral Court List) Act 2010
Part 7—Amendment of Victorian Civil and Administrative Tribunal Act 1998
17Application fee
18Reduction, waiver, postponement, remission or refund of fees
19Regulations
20Schedule 2—Subject matter for rules amended
Part 8—Amendment of Crimes Act 1958
21Assaults
22Further explanation of theft
23Section 319A definitions
24New section 627 inserted
Part 9—Amendment of Working with Children Act 2005
25Category B application
26Determination of re-assessment—category B
27Determination of re-assessment—category C
28Revocation powers on failure to provide information
29New clause 9A inserted in Schedule 2
30Clause 14A of Schedule 2 amended
Part 10—Amendment of Family Violence Protection Amendment Act 2014
31Amendment of default commencement date
32Repeal of amending Act
Part 11—Amendment of Crimes (Mental Impairment and Unfitness to be Tried) Act 1997
33Variation of custodial supervision orders
34Variation of custodial supervision orders on application or review
35Court must order report as to supervision
36Contents of report
37Victim impact statements
Part 12—Amendment of Corrections Act 1986
38Agreements with the Chief Commissioner
39Validation—Justice Legislation Amendment Act 2015
Part 13—Amendment of Working with Children Amendment (Ministers of Religion and Other Matters) Act 2014
40What is child-related work?
Part 14—Amendment of Road Legislation Amendment Act 2013
41New section 7A inserted
Part 15—Amendment of other Acts
Division 1—Miscellaneous amendments
42Criminal Procedure Act 2009—Schedule 3
43Coroners Act 2008—Appointment of coroners
44Magistrates' Court Act 1989—Limitation of jurisdiction of the Supreme Court
45Personal Safety Intervention Orders Act 2010—Definitions
46Sentencing Amendment (Historical Homosexual Convictions Expungement) Act 2014
Division 2—Statute law revision amendments
47Administration and Probate Act 1958—Charges on property of deceased to be paid primarily out of the property charged
48Children, Youth and Families Amendment (Permanent Care and Other Matters) Act 2014
49Crimes Act 1958—Fingerscanning for identification purposes
50Crimes Amendment (Sexual Offences and Other Matters) Act 2014
51Family Violence Protection Amendment Act 2014
52Fines Reform Act 2014
53Powers of Attorney Act 2014
54Sentencing Act 1991
55Sentencing Amendment (Historical Homosexual Convictions Expungement) Act 2014
Division 3—Amendments relating to complicity
56Amendments relating to complicity—Schedule 1
Part 16—Amendments to the Firearms Act 1996
57Requirement to notify Chief Commissioner of persons employed in business or change of nominated person
58Non-prohibited persons who are exempt from requirement to hold a licence under Part 2
Part 17—Repeal of amending Act
59Repeal of amending Act
Schedule 1—Amendments relating to complicity
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Endnotes
1 General information
Justice Legislation Amendment Act 2015
No. 20 of 2015
[Assented to 16 June 2015]
The Parliament of Victoria enacts:
PART 1—PRELIMINARY
1Purposes
The main purposes of this Act are—
(a)to amend the Confiscation Act 1997—
(i)to provide that a court, when making an unexplained wealth restraining order, may direct a person holding a prescribed position within the Department of Justice and Regulation to take control of some or all of the property specified in the order; and
(ii)to provide for the registration of an interstate forfeiture order or interstate restraining order made by a person or body other than a court; and
(b)to amend the Control of Weapons Act 1990 to provide that disposable knives designed for eating purposes are not controlled weapons for the purposes of the offences set out in section 6(1AA) and (1AB) and to make other amendments; and
(c)to amend the Emergency Management Act 2013 to provide for regulation making powers in relation to the incorporation of documents and matters of variation and application; and
(d)to amend the Sex Offenders Registration Act 2004—
(i)to allow the Chief Commissioner of Police to arrange for another entity to establish and maintain the Register of Sex Offenders; and
(ii)to allow information from the Register of Sex Offenders to be disclosed to the CrimTrac Agency for inclusion on the Australian National Child Offender Register; and
(e)to repeal the Magistrates' Court Amendment (Assessment and Referral Court List) Act 2010; and
(f)to amend the Victorian Civil and Administrative Tribunal Act 1998 to further provide for regulation making powers and powers of the principal registrar in relation to fees; and
(g)to amend the Crimes Act 1958—
(i)to clarify the offence of assaulting a person who is assisting an emergency worker; and
(ii)to extend the application of section 73(14) (which deals with the use of a motor vehicle without the permission of the owner) to vessels within the meaning of the Marine Safety Act 2010; and
(iii)to define a failure to keep under control a dangerous, menacing or restricted breed dog; and
(h)to amend the Working with Children Act 2005 to provide that certain offences are category B offences for the purposes of that Act; and
(i)to amend the Family Violence Protection Amendment Act 2014 to defer the default commencement date of that Act; and
(j)to amend the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 to reflect that a custodial supervision order may not be revoked and to provide for consistency of references to the Children's Court; and
(k)to amend the Corrections Act 1986 to ensure that patients within the meaning of the Mental Health Act 2014 may be transported from a court or police gaol to a court, police gaol or designated mental health service; and
(l)to amend the Working with Children Amendment (Ministers of Religion and Other Matters) Act 2014 to ensure that amendments made by section 9 of that Act operate as intended; and
(m)to amend the Road Legislation Amendment Act 2013 to clarify that the new Part 4 of the Road Safety Act 1986 applies to demerit points whether incurred before or after the commencement of the Road Legislation Amendment Act 2013; and
(n)to amend the Firearms Act 1996 to lower the minimum age for participation in paintball activities from 18 to 16 and make other amendments to the requirements imposed on operators of paintball ranges; and
(o)to make miscellaneous amendments to various Acts.
2Commencement
(1)This Part, Part 4 and Part 14 come into operation on the day on which this Act receives the Royal Assent.
(2)Part 13 is taken to have come into operation on 25 October 2014.
(3)The remaining provisions of this Act (except Part 6, Part 7 and Part 16) come into operation on the day after the day on which this Act receives the Royal Assent.
(4)Part 6 comes into operation on 1 July 2015.
(5)Subject to subsections (6) and (7), Part 7 and Part 16 come into operation on a day or days to be proclaimed.
(6)If a provision of Part 7 does not come into operation before 1 July 2017, it comes into operation on that day.
(7)If a provision of Part 16 does not come into operation before 1 July 2016, it comes into operation on that day.
PART 2—AMENDMENT OF CONFISCATION ACT 1997
3Unexplained wealth restraining orders
For section 40C(3) of the Confiscation Act 1997 substitute—
"(3)If the court, when making an unexplained wealth restraining order, considers that the circumstances so require, the order may direct one of the following to take control of some or all of the property specified in the order—
(a)a trustee specified in the order;
(b)a person holding a prescribed position within the Department of Justice and Regulation.".
4Registration of interstate orders
After section 125(5) of the Confiscation Act 1997 insert—
"(6)For the purposes of this section, a reference to a court is to be read as including a reference to any body or person who, under a corresponding law of the relevant jurisdiction, may make an interstate forfeiture order or interstate restraining order.".
5Charge on property subject to registered interstate restraining order
In section 129(1)(a) of the Confiscation Act 1997, omit "in reliance on the charging, or the proposed charging of a person with, or the conviction of a person of, an interstate offence,".
6Provision of legal aid
In section 143(5) of the Confiscation Act 1997, omit "47C,".
7Change of references to Department of Justice
In section 3(1), in the definition of Secretary, and sections 3(2), 14(3)(b) and 36H(3)(b) of the Confiscation Act 1997 after "Justice" insert "and Regulation".
PART 3—AMENDMENT OF CONTROL OF WEAPONS ACT 1990
8Control of controlled weapons
After section 6(1AB) of the Control of Weapons Act 1990 insert—
"(1AC)For the purposes of subsections (1AA) and (1AB), a controlled weapon does not include a disposable knife made of plastic, bamboo or wood and designed for eating purposes.".
9Infringement penalty
In section 11C of the Control of Weapons Act 1990, for "amount payable for an alleged offence for which an infringement notice may be served" substitute "infringement penalty for an infringement offence referred to in section 11B".
10Planned designation of search area
(1)Section 10D(5)(b) of the Control of Weapons Act 1990 is repealed.
(2)After section 10D(5) of the Control of Weapons Act 1990 insert—
"(5A)In addition to subsection (5)—
(a)the notice, as published in the Government Gazette, must include a map of the designated area; and
(b)the notice, as published in a newspaper, must include a map of the designated area or the address of a Government Internet website at which a map of the designated area is published.".
PART 4—AMENDMENT OF EMERGENCY MANAGEMENT LEGISLATION
11New section 76A inserted
After section 76 of the Emergency Management Act 2013 insert—
"76A Additional regulation making powers
(1)Regulations made under section 76 may apply, adopt or incorporate by reference any document formulated or published by a person or body, whether—
(a)without modification or as modified by the regulations; or
(b)as formulated or published on or before the date when the regulations are made; or
(c)as formulated or published from time to time.
(2)Regulations made under section 76 may be made—
(a)so as to apply—
(i)at all times or at a specified time; or
(ii)throughout the whole of the State or in a specified part of the State;
(b)so as to require a matter affected by the regulations to be—
(i)in accordance with a specified standard or a specified requirement; or
(ii)approved by or to the satisfaction of a specified person;
(c)so as to confer a discretionary authority on a specified person;
(d)so as to provide, in a specified case or class of case, for the exemption of persons or things or a class of persons or a class of things from any of the provisions of the regulations—
(i)whether unconditionally or on specified conditions; and
(ii)either wholly or to the extent specified in the regulations.".
12Responsible entity to conduct audit
In section 3 of the Emergency Management Amendment (Critical Infrastructure Resilience) Act 2014 in proposed section 74S(2) of the Emergency Management Act 2013, for "responsible authority" substitute "responsible entity".
PART 5—AMENDMENT OF SEX OFFENDERS REGISTRATION ACT 2004
13Definitions
In section 3 of the Sex Offenders Registration Act 2004, in the definition of Register, after "established" insert ", or arranged to be established,".
14Register of Sex Offenders
In section 62(1) of the Sex Offenders Registration Act 2004, after "establish and maintain" insert ", or arrange for another entity to establish and maintain,".
15Person with access to Register not to disclose personal information from it
After section 64(2) of the Sex Offenders Registration Act 2004 insert—
"(3)Despite subsection (1), the Chief Commissioner of Police or a person authorised to have access to the Register or any part of the Register may disclose personal information in the Register to the CrimTrac Agency for entry on the Australian National Child Offender Register.
(4)In this section—
CrimTrac Agency means the Executive Agency known as CrimTrac and established by the Governor-General by order under section 65 of the Public Service Act 1999 of the Commonwealth.".
PART 6—REPEAL OF MAGISTRATES' COURT AMENDMENT (ASSESSMENT AND REFERRAL COURT LIST) ACT 2010
16Repeal of Magistrates' Court Amendment (Assessment and Referral Court List) Act 2010
The Magistrates' Court Amendment (Assessment and Referral Court List) Act 2010 is repealed.
PART 7—AMENDMENT OF VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 1998
17Application fee
(1)After section 68(3) of the Victorian Civil and Administrative Tribunal Act 1998 insert—
"(3A)Subsection (3) does not apply in respect of an application for which payment of the fee is postponed.".
(2)In section 68(4)(c) of the Victorian Civil and Administrative Tribunal Act 1998 for "waiver or reduction" substitute "reduction, waiver or postponement".
(3)After section 68(4) of the Victorian Civil and Administrative Tribunal Act 1998 insert—
"(5)Despite subsections (3) and (4), in the case of a fee which has been postponed, the Tribunal may make an order striking out the proceeding if the postponed fee is not paid by the date specified for payment when it was postponed.".
18Reduction, waiver, postponement, remission or refund of fees
(1)Insert the following heading to section 132 of the Victorian Civil and Administrative Tribunal Act 1998—
"Reduction, waiver, postponement, remission or refund of fees".
(2)For section 132(1) of the Victorian Civil and Administrative Tribunal Act 1998 substitute—
"(1)The principal registrar in any case may reduce, waive, postpone, remit or refund any fee payable under this Act or the regulations if the principal registrar considers that the payment of the fee would cause the person responsible for its payment financial hardship or on any other prescribed ground in the regulations.
(1A)If a fee or charge for services provided by the Tribunal of a kind not referred to in subsection (1) is payable, the principal registrar, on application, may reduce, waive, postpone, remit or refund the fee or charge if the principal registrar considers the payment of the fee or charge would cause the person responsible for its payment financial hardship or on any other prescribed ground in the regulations.
(3)In section 132(2) of the Victorian Civil and Administrative Tribunal Act 1998 for "waived or reduced" (where twice occurring) substitute "reduced, waived, postponed, remitted or refunded".
(4)In section 132(2) of the Victorian Civil and Administrative Tribunal Act 1998, after "subsection (1)" insert "or subsection (1A)".
19Regulations
(1)For section 161(2)(c) of the Victorian Civil and Administrative Tribunal Act 1998 substitute—
"(c)may provide in a specified case or class of case for the exemption of any proceeding, person or thing or a class of proceeding, person or thing from any of the provisions of the regulations, whether—
(i)unconditionally or on specified conditions; and
(ii)either wholly or to such an extent as is specified; and
(d)may confer a discretionary authority or impose a duty on any member or a specified class of member or on the principal registrar; and
(e)may leave any matter or thing dealt with by or in accordance with the regulations to be decided by a member or a specified class of member or by the principal registrar.".
(2)In section 161(3)(a) of the Victorian Civil and Administrative Tribunal Act 1998, after "proceedings" insert "or different classes of party".
(3)In section 161(3)(d) of the Victorian Civil and Administrative Tribunal Act 1998 for "be paid." substitute "be paid;".
(4)After section 161(3)(d) of the Victorian Civil and Administrative Tribunal Act 1998 insert—
"(e)may provide for the reduction, waiver, postponement, remission or refund, in whole or in part, of any fee; and
(f)may provide, in specified circumstances, for the reinstatement or payment, in whole or in part, of any fee which was reduced, waived, postponed, remitted or refunded by or in accordance with the regulations.".
(5)After section 161(3) of the Victorian Civil and Administrative Tribunal Act 1998 insert—
"(4)If the regulations provide for a remission or refund of a fee fixed under subsection (3)—
(a)if the fee has been paid into the Consolidated Fund, the Consolidated Fund is, to the necessary extent, appropriated accordingly to enable any remission or refund to be paid; or
(b)if the fee has been paid into another fund or account, the fee may be refunded from that fund or account.".
20Schedule 2—Subject matter for rules amended
At the end of Schedule 2 to the Victorian Civil and Administrative Tribunal Act 1998 insert—
"Form, content and procedure for the reduction, waiver, postponement, remission, refund, reinstatement or payment in whole or in part, of any fee fixed by or in accordance with the regulations or reduced, waived, postponed, remitted or refunded under section 132, including providing for different periods for payment and postponement by the principal registrar in relation to proceedings under different enabling enactments.".
PART 8—AMENDMENT OF CRIMES ACT 1958
21Assaults
In section 31(1)(ba) of the Crimes Act 1958, after "person was" insert "assisting".
22Further explanation of theft
After section 73(14) of the Crimes Act 1958 insert—
"(15)In this section—
motor vehicle includes vessel, whether or not the vessel is powered by a motor;
vessel has the same meaning as in the Marine Safety Act 2010.".
23Section 319A definitions
In section 319A of the Crimes Act 1958—
(a)the definition of control is repealed;
(b)insert the following definition—
"failure to keep under control, in relation to a dangerous dog, menacing dog or restricted breed dog, includes a failure to comply with any of the requirements under sections 26(1), 28, 29, 38, 39, 40, 41, 41E, 41F(1)(a), 41G, 41H, 41HA and 41I of the Domestic Animals Act 1994;".
24New section 627 inserted
After section 626 of the Crimes Act 1958 insert—
"627 Transitional provision—Justice Legislation Amendment Act 2015
(1)The amendments made to this Act by section 22 of the Justice Legislation Amendment Act 2015 apply only to offences alleged to have been committed on or after the commencement of that section.
(2)For the purposes of subsection (1), if an offence is alleged to have been committed between 2 dates, one before and one on or after the commencement of section 22 of the Justice Legislation Amendment Act 2015, the offence is alleged to have been committed before that commencement.".
PART 9—AMENDMENT OF WORKING WITH CHILDREN ACT 2005
25Category B application
In section 13(1)(b) of the Working with Children Act 2005, for "clause 2, 8 or 9" substitute "clause 2, 8, 9 or 14A".
26Determination of re-assessment—category B
In section 21AC(1) of the Working with Children Act 2005, for "clause 2, 8 or 9" (wherever occurring) substitute "clause 2, 8, 9 or 14A".
27Determination of re-assessment—category C
In section 21AD(1)(b) of the Working with Children Act 2005, for "clause 2, 8 or 9" substitute "clause 2, 8, 9 or 14A".
28Revocation powers on failure to provide information
In section 21A(1) of the Working with Children Act 2005, for "reassessed" substitute "re‑assessed".
29New clause 9A inserted in Schedule 2
After clause 9 of Schedule 2 to the Working with Children Act 2005 insert—
"9AAn offence against section 49C or 327 of the Crimes Act 1958 or an offence under a law of a jurisdiction other than Victoria that, if it had been committed in Victoria, would have constituted an offence against section 49C or 327 of that Act.".
30Clause 14A of Schedule 2 amended
In clause 14A of Schedule 2 to the Working with Children Act 2005, after "1966" insert "oran offence under a law of a jurisdiction other than Victoria that, if it had been committed in Victoria, would have constituted an offence against section 41DA or 41DB of that Act".
PART 10—AMENDMENT OF FAMILY VIOLENCE PROTECTION AMENDMENT ACT 2014
31Amendment of default commencement date
In section 2(2) of the Family Violence Protection Amendment Act 2014, for "18 September 2015" substitute "1 July 2016".
32Repeal of amending Act
In section 28 of the Family Violence Protection Amendment Act 2014, for "18 September 2016" substitute "1 July 2017".
PART 11—AMENDMENT OF CRIMES (MENTAL IMPAIRMENT AND UNFITNESS TO BE TRIED) ACT 1997
33Variation of custodial supervision orders
In section 32(5) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997, for "Unless the court revokes the order, the court" substitute "The court".
34Variation of custodial supervision orders on application or review
In section 38ZO(3) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997, for "Unless the court revokes the order, the court" substitute "The court".
35Court must order report as to supervision
In section 38ZR of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997, for "a court" substitute "the Children's Court".
36Contents of report
In section 38ZT(1)(c) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997, for "the court" substitute "the Children's Court".
37Victim impact statements
In section 38ZW(1) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997, for "a court" substitute "the Children's Court".
PART 12—AMENDMENT OF CORRECTIONS ACT 1986
38Agreements with the Chief Commissioner
In section 9AA(1)(b)(iii) of the Corrections Act 1986, after "or a designated mental health service" insert "or from a court or a police gaol to a court or a police gaol or a designated mental health service".
39Validation—Justice Legislation Amendment Act 2015
After section 112C of the Corrections Act 1986 insert—
"112D Validation—Justice Legislation Amendment Act 2015
(1)In this section—
relevant period means the period starting on 1 July 2014 and ending on the day that section 38 of the Justice Legislation Amendment Act 2015 comes into operation.
(2)The transport of a person, and detention of that person while being transported, during the relevant period from a court or police gaol to a court, police gaol or a designated mental health service and the exercise of any function or power related to that transport and detention have, and are taken always to have had, the same force and effect as they would have had if section 9AA(1)(b)(iii) as amended by section 38 of the Justice Legislation Amendment Act 2015 were in force during the relevant period.
(3)An instrument of authorisation referred to in section 9A(1B) made or purported to have been made by the Chief Commissioner during the relevant period has, and is taken always to have had, the same force and effect as it would have had if section 9AA(1)(b)(iii) as amended by section 38 of the Justice Legislation Amendment Act 2015 were in force during the relevant period.".
PART 13—AMENDMENT OF WORKING WITH CHILDREN AMENDMENT (MINISTERS OF RELIGION AND OTHER MATTERS) ACT 2014
40What is child-related work?
In section 9(1) of the Working with ChildrenAmendment (Ministers of Religion and Other Matters) Act 2014, after "Principal Act" insert
", except the example and notes,".
PART 14—AMENDMENT OF ROAD LEGISLATION AMENDMENT ACT 2013
41New section 7A inserted
After section 7 of the Road Legislation Amendment Act 2013 insert—
'7A New section 103ZHB inserted
After section 103ZHA of the Road Safety Act 1986 insert—
"103ZHB Transitional provision—Road Legislation Amendment Act 2013
(1)In this section, commencement day means the day on which section 4 of the Road Legislation Amendment Act 2013 comes into operation.
(2)Part 4 of this Act applies to demerit points whether the demerit points are incurred before or after the commencement day.
(3)Without limiting the generality of subsection (2)—
(a)in sections 36(1) and 46A, a reference to demerit points that a person incurs includes any demerit points incurred by the person before the commencement day; and
(b)in section 37(1), a reference to further demerit points that a person incurs includes any demerit points incurred by the person after the earlier notice is issued but before the commencement day; and
(c)in sections 39(1) and 40(1), a reference to additional demerit points that a person incurs includes any demerit points incurred by the person within the extended demerit point period but before the commencement day.".'.
PART 15—AMENDMENT OF OTHER ACTS
Division 1—Miscellaneous amendments
42Criminal Procedure Act 2009—Schedule 3
In Schedule 3 to the Criminal Procedure Act 2009, after item 38 insert—
"39A person authorised under section 31(1) of the Heavy Vehicle National Law Application Act 2013 to commence a proceeding for an offence against the Heavy Vehicle National Law (Victoria).".
43Coroners Act 2008—Appointment of coroners
In section 94(3)(b)(ii) of the Coroners Act 2008, for "an acting" substitute "a".
44Magistrates' Court Act 1989—Limitation of jurisdiction of the Supreme Court
Section 139A(2) of the Magistrates' Court Act 1989 is repealed.
45Personal Safety Intervention Orders Act 2010—Definitions
In section 4 of the Personal Safety Intervention Orders Act 2010, for the definition of working day substitute—
"working day, in relation to a court, means a day other than a Saturday, a Sunday or a day appointed as a public holiday under the Public Holidays Act 1993.".
46Sentencing Amendment (Historical Homosexual Convictions Expungement) Act 2014
In section 3 of the Sentencing Amendment (Historical Homosexual Convictions Expungement) Act 2014, in proposed section 105(3) of the Sentencing Act 1991, for "his or her death" substitute "the deceased person's death".
Division 2—Statute law revision amendments
47Administration and Probate Act 1958—Charges on property of deceased to be paid primarily out of the property charged
In section 40(1) of the Administration and Probate Act 1958, for "by and" substitute "and".
48Children, Youth and Families Amendment (Permanent Care and Other Matters) Act 2014
In section 154 of the Children, Youth and Families Amendment (Permanent Care and Other Matters) Act 2014, in clause 16(3) in proposed Schedule 5 to the Children, Youth and Families Act 2005, for "section" substitute "clause".
49Crimes Act 1958—Fingerscanning for identification purposes
In section 464NA(4)(a) of the Crimes Act 1958, for "police officer or" substitute "police officer of or".
50Crimes Amendment (Sexual Offences and Other Matters) Act 2014
(1)In section 30(b) of the Crimes Amendment (Sexual Offences and Other Matters) Act 2014, in proposed paragraph (cc) in the definition of sexual offence in section 1.1.3(1) of the Education and Training Reform Act 2006, for "38A" substitute "section 38A".
(2)In section 31 of the Crimes Amendment (Sexual Offences and Other Matters) Act 2014, in proposed item 2 of Schedule 2 to the Liquor Control Reform Act 1998, for "38A" substitute "section 38A".
(3)In section 33(4)(c) of the Crimes Amendment (Sexual Offences and Other Matters) Act 2014, after "and 9," insert "for".
51Family Violence Protection Amendment Act 2014
In section 8 of the Family Violence Protection Amendment Act 2014, in proposed section 56A(2) of the Family Violence Protection Act 2008—
(a)for "() whether the affected" substitute
"(e) whether the affected";(b)for "() whether the giving" substitute
"(f) whether the giving";(c)for "() the existence" substitute "(g) the existence".
52Fines Reform Act 2014
(1)In section 262(2) of the Fines Reform Act 2014, for "219A(3)" substitute "section 219A(3)".
(2)In section 315 of the Fines Reform Act 2014, for "Fines Reform Act 2014." substitute "Fines Reform Act 2014".
53Powers of Attorney Act 2014
In section 163(2) of the Powers of Attorney Act 2014, in proposed section 35(3) of the Trustee Act 1958, for '"power' substitute "power".
54Sentencing Act 1991
In section 10A(2A)(b) of the Sentencing Act 1991, for "prision" substitute "prison".
55Sentencing Amendment (Historical Homosexual Convictions Expungement) Act 2014
(1)In section 3 of the Sentencing Amendment (Historical Homosexual Convictions Expungement) Act 2014, in paragraph (b) of the definition of applicant in proposed section 105(1) of the Sentencing Act 1991, for "with the meaning" substitute "within the meaning".
(2)In section 3 of the Sentencing Amendment (Historical Homosexual Convictions Expungement) Act 2014, in paragraph (d) of the definition of appropriate representative, in proposed section 105(1) of the Sentencing Act 1991, for "18 years;" substitute "18 years; or".
(3)In section 3 of the Sentencing Amendment (Historical Homosexual Convictions Expungement) Act 2014, in paragraph (f) of the definition of appropriate representative, in proposed section 105(1) of the Sentencing Act 1991, for "person;" substitute "person; or".
Division 3—Amendments relating to complicity
56Amendments relating to complicity—Schedule 1
An Act specified in the heading to an item in Schedule 1 is amended as set out in that item.
PART 16—AMENDMENTS TO THE FIREARMS ACT 1996
57Requirement to notify Chief Commissioner of persons employed in business or change of nominated person
(1)For section 75(4)(b)(ii) of the Firearms Act 1996 substitute—
"(ii)subject to subsection (5), a full set of the person's fingerprints.".
(2)After section 75(4) of the Firearms Act 1996 insert—
"(5)A notice under this section is not required to be accompanied by the person's fingerprints if the person is employed solely for the purpose of officiating at a paintball game.".
58Non-prohibited persons who are exempt from requirement to hold a licence under Part 2
In Column 1 of item 6A of Schedule 3 to the Firearms Act 1996, for "18 years" substitute "16 years".
PART 17—REPEAL OF AMENDING ACT
59Repeal of amending Act
This Act is repealed on 1 July 2018.
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).
SCHEDULE 1—AMENDMENTS RELATING TO COMPLICITY
Section 56
1Agricultural and Veterinary Chemicals (Control of Use) Act 1992
For section 72A(6) substitute—
"(6)This section does not affect the operation of Subdivision (1) of Division 1 of Part II of the Crimes Act 1958.".
2ANZAC Day Act 1958
For section 5E(6) substitute—
"(6)This section does not affect the operation of Subdivision (1) of Division 1 of Part II of the Crimes Act 1958.".
3Dairy Act 2000
For section 55A(6) substitute—
"(6)This section does not affect the operation of Subdivision (1) of Division 1 of Part II of the Crimes Act 1958.".
4Electoral Act 2002
For section 179A(6) substitute—
"(6)This section does not affect the operation of Subdivision (1) of Division 1 of Part II of the Crimes Act 1958.".
5Family Violence Protection Act 2008
In section 125 for "section 323" substitute "Subdivision (1) of Division 1 of Part II".
6Food Act 1984
For section 51A(6) substitute—
"(6)This section does not affect the operation of Subdivision (1) of Division 1 of Part II of the Crimes Act 1958.".
7Gambling Regulation Act 2003
In section 4.5.31(2), for "the Magistrates' Court Act 1989, a person does not aid, abet, counsel or procure" substitute "Subdivision (1) of Division 1 of Part II of the Crimes Act 1958, a person is not involved in".
8Gene Technology Act 2001
(1)In section 189(4), omit ", or that may be dealt with and punished under, section 52 of the Magistrates' Court Act 1989 or".
(2)At the foot of section 189 insert—
"Note
A person who is involved in the commission of an offence referred to in section 188 is taken to have committed the offence. See Subdivision (1) of Division 1 of Part II of the Crimes Act 1958 which deals with complicity in the commission of offences.".
9Liquor Control Reform Act 1998
For section 53A(6) substitute—
"(6)This section does not affect the operation of Subdivision (1) of Division 1 of Part II of the Crimes Act 1958.".
10Shop Trading Reform Act 1996
For section 8A(6) substitute—
"(6)This section does not affect the operation of Subdivision (1) of Division 1 of Part II of the Crimes Act 1958.".
11Surveillance Devices Act 1999
For section 32(6) substitute—
"(6)This section does not affect the operation of Subdivision (1) of Division 1 of Part II of the Crimes Act 1958.".
12Taxation Administration Act 1997
For section 130A(6) substitute—
"(6)This section does not affect the operation of Subdivision (1) of Division 1 of Part II of the Crimes Act 1958.".
13Unclaimed Money Act 2008
For section 26A(6) substitute—
"(6)This section does not affect the operation of Subdivision (1) of Division 1 of Part II of the Crimes Act 1958.".
14Victoria Police Act 2013
For section 260(5) substitute—
"(5)This section does not affect the operation of Subdivision (1) of Division 1 of Part II of the Crimes Act 1958.".
15Victorian Inspectorate Act 2011
For section 97A(6) substitute—
"(6)This section does not affect the operation of Subdivision (1) of Division 1 of Part II of the Crimes Act 1958.".
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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: 15 April 2015
Legislative Council: 7 May 2015
The long title for the Bill for this Act was "A Bill for an Act to amend the Confiscation Act 1997, the Control of Weapons Act 1990, the Emergency Management Act 2013, the Emergency Management Amendment (Critical Infrastructure Resilience) Act 2014, the Sex Offenders Registration Act 2004, the Victorian Civil and Administrative Tribunal Act 1998, the Crimes Act 1958, the Working with Children Act 2005, the Family Violence Protection Amendment Act 2014, the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997, the Corrections Act 1986, the Working with Children Amendment (Ministers of Religion and Other Matters) Act 2014 , the Road Legislation Amendment Act 2013 and the Firearms Act 1996, to repeal the Magistrates' Court Amendment (Assessment and Referral Court List) Act 2010 and to make miscellaneous amendments to various Acts and for other purposes."
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