Untitled document

Justice Legislation Further Amendment Act 2011

No. 67 of 2011

table of provisions

Section  Page

Part 1—Preliminary

1Purpose

2Commencement

Part 2—Amendment of Criminal Procedure
Act 2009

3Appearance

Part 3—Amendment of Major Crime (Investigative Powers) Act 2004

4Contempt of Chief Examiner

5No double jeopardy

Part 4—Amendment of Road Safety Amendment (Hoon Driving and Other Matters) Act 2011

6Amendment of the Road Safety Amendment (Hoon Driving and Other Matters) Act 2011

Part 5—Repeal of amending Act

7Repeal of amending Act

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Endnotes

Justice Legislation Further Amendment Act 2011

No. 67 of 2011

[Assented to 29 November 2011]

The Parliament of Victoria enacts:

Part 1—Preliminary

1Purpose

The purpose of this Act is—

(a)to amend the Criminal Procedure Act 2009 to allow police prosecutors to appear on behalf of protective services officers in Magistrates' Court proceedings; and

(b)to amend the Major Crime (Investigative Powers) Act 2004 to extend the operation of sections 49 and 50 of that Act; and

(c)to amend section 2 of the Road Safety Amendment (Hoon Driving and Other Matters) Act 2011 relating to the commencement of that Act.

2Commencement

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

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Part 2—Amendment of Criminal Procedure Act 2009

3Appearance

In section 328(c) of the Criminal Procedure Act 2009, after "police force" insert "or a protective services officer appointed under Part VIA of the Police Regulation Act 1958".

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Part 3—Amendment of Major Crime (Investigative Powers) Act 2004

4Contempt of Chief Examiner

In section 49(12) of the Major Crime (Investigative Powers) Act 2004, for "1 January 2012" substitute "1 January 2016".

5No double jeopardy

In section 50(2) of the Major Crime (Investigative Powers) Act 2004, for "1 January 2012" substitute "1 January 2016".

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Part 4—Amendment of Road Safety Amendment (Hoon Driving and Other Matters) Act 2011

6Amendment of the Road Safety Amendment (Hoon Driving and Other Matters) Act 2011

In section 2 of the Road Safety Amendment (Hoon Driving and Other Matters) Act 2011—

(a)in subsection (4), for "Subject to subsection (5), sections" substitute "Sections"; and

(b)subsection (5) is repealed.

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Part 5—Repeal of amending Act

7Repeal of amending Act

This Act is repealed on the first anniversary of its commencement.

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

Minister's second reading speech—

Legislative Assembly: 26 October 2011

Legislative Council: 10 November 2011

The long title for the Bill for this Act was "A Bill for an Act to amend the Criminal Procedure Act 2009, the Major Crime (Investigative Powers) Act 2004 and the Road Safety Amendment (Hoon Driving and Other Matters) Act 2011 and for other purposes."