Untitled document
Justice Legislation Amendment (Protective Services Officers and Other Matters) Act 2017
No. 45 of 2017
table of provisions
Section Page
Part 1—Preliminary
1Purposes
2Commencement
Part 2—Additional powers of protective services officers
Division 1—Amendment of the Children, Youth and Families Act 2005
3Definitions
4New Part 8.3A inserted
Division 2—Amendment of the Control of Weapons Act 1990
5Planned designation of search area
6Unplanned designation of search area
7New section 10GA inserted
8Power to search vehicles
9Information to be given before search occurs
10Seizure of suspected weapons
11Offence to obstruct or hinder search or other powers or fail to comply with direction
Division 3—Amendment of the Corrections Act 1986
12Definitions
13Return of prisoner to prison on cancellation of parole
14Arrest and detention for breach of parole order
Division 4—Amendment of the Crimes Act 1958
15Requirement to give name and address
Division 5—Amendment of the Drugs, Poisons and Controlled Substances Act 1981
16Definitions
17Protective services officer may exercise police powers under this Division
18New section 82A inserted
Division 6—Amendment of the Liquor Control Reform Act 1998
19Power to serve an infringement notice
Part 3—Amendment of Second-Hand Dealers and Pawnbrokers Act 1989—scrap metal
20Purposes
21Definitions
22New sections 19A and 19B inserted
23Recording transactions
24Police powers generally
25New Division 4 of Part 5 inserted
26Service
27New Part 7 inserted
Part 4—Police custody officer supervisors
Division 1—Corrections Act 1986
28New definition of police custody officer supervisor inserted
29Definitions
30Powers limited to certain police gaols
31Management of visitors in police gaols
32Detained persons to give certain information
33Orders to detained persons
34Power to take photographs of detained persons
35Offence to disobey a lawful order
36Power to restrain detained persons
37Search powers
38Police custody officers to transport persons at Chief Commissioner's direction
39Functions and powers of police custody officers in relation to persons they transport or supervise
40Transport or supervision authorised under other enactments and instruments
Division 2—Victoria Police Act 2013
41New definition of police custody officer supervisor inserted
42Targeted testing—police custody officers
43Persons subject to random testing
44Heading to Part 11A amended
45New Division 1A of Part 11A inserted
46Heading to Division 2 of Part 11A substituted
47Duties of police custody officers
48Police custody officers have powers in declared police gaols
49Statute law revision
Part 5—Protective services officers—in the vicinity of a designated place
50Bail Act 1977
51Control of Weapons Act 1990
52Crimes Act 1958
53Graffiti Prevention Act 2007
54Liquor Control Reform Act 1998
55Magistrates' Court Act 1989
56Mental Health Act 2014
57Summary Offences Act 1966
58Transport (Compliance and Miscellaneous) Act 1983
Part 6—Other miscellaneous amendments
59New section 347A inserted—Children, Youth and Families Act 2005
60Ill-health retirement
Part 7—Repeal of amending Act
61Repeal of amending Act
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Endnotes
1 General information
Justice Legislation Amendment (Protective Services Officers and Other Matters) Act 2017
No. 45 of 2017
[Assented to 26 September 2017]
The Parliament of Victoria enacts:
Part 1—Preliminary
1Purposes
The main purposes of this Act are—
(a)to amend various Acts in relation to powers of protective service officers on duty at designated places; and
(b)to amend the Corrections Act 1986 to extend to police custody officer supervisors the powers under Part 9A of that Act in relation to the management of visitors and the power to direct police custody officers to apply an instrument of restraint, to search the police gaol or certain persons and to transport persons; and
(c)to amend the Victoria Police Act 2013 to provide for psychological fitness for duty assessments for police officers and protective services officers; and
(d)to amend the Victoria Police Act 2013 to establish the role of police custody officer supervisors in police gaols; and
(e)to amend the Children, Youth and Families Act 2005 to facilitate transport of children held in police custody to and from courts and youth justice facilities; and
(f)to amend the Second-Hand Dealers and Pawnbrokers Act 1989 to regulate payments for scrap metal and to provide for enforcement; and
(g)to make consequential and other technical amendments to other Acts.
2Commencement
(1)This Act (except Part 4 and section 60) comes into operation on a day or days to be proclaimed.
(2)Subject to subsection (3), Part 4 and section 60 comes into operation on the day on which this Act receives the Royal Assent.
(3)If a provision of this Act does not come into operation before 30 May 2018, it comes into operation on that day.
Part 2—Additional powers of protective services officers
Division 1—Amendment of the Children, Youth and Families Act 2005
3Definitions
In section 3(1) of the Children, Youth and Families Act 2005 insert the following definition—
"designated place has the same meaning as in the Victoria Police Act 2013;".
4New Part 8.3A inserted
After section 598 of the Children, Youth and Families Act 2005 insert—
"Part 8.3A—Power of protective services officers to execute search warrants
598ACircumstances in which a protective services officer may apprehend a child under a search warrant
(1)If a search warrant has been issued under a provision of this Act specified in subsection (3), a protective services officer on duty at a designated place may apprehend the child named in the search warrant if the child is at, or in the vicinity of, the designated place.
(2)If a protective services officer apprehends a child under subsection (1), the protective services officer must hand the child into the custody of a police officer as soon as practicable after the child is apprehended.
(3)For the purposes of subsection (1) the following provisions are specified—
(a)section 237;
(b)section 241;
(c)section 243;
(d)section 247;
(e)section 261;
(f)section 268;
(g)section 269;
(h)section 270;
(i)section 313;
(j)section 314;
(k)section 598.
(4)This section applies despite the search warrant not being directed to a named protective services officer or generally all protective services officers.".
Division 2—Amendment of the Control of Weapons Act 1990
5Planned designation of search area
In section 10D(2), (3)(a) and (5)(c) of the Control of Weapons Act 1990, after "police officers" insert "or protective services officers".
6Unplanned designation of search area
In section 10E(1)(b), (3) and (4)(a) of the Control of Weapons Act 1990, after "police officers" insert "or protective services officers".
7New section 10GA inserted
After section 10G of the Control of Weapons Act 1990 insert—
"10GA Power to search persons in designated area—protective services officer
(1)A protective services officer on duty at a designated place may, without a warrant, stop and search a person, and search any thing in the possession of or under the control of the person for weapons, if the person and, if applicable, the thing are in a public place that is within a designated area.
(2)Clauses 1, 2, 3, 4(1), 4(3), 5(1), 5(3), 5(4), 6, 11 and 12 of Schedule 1 apply to the search of a person or thing under this section as if—
(a)a reference in that Schedule to a police officer were a reference to a protective services officer; and
(b)a reference in that Schedule to a search under section 10G were a reference to a search under this section.
(3)A protective services officer may only conduct a search under this section if during the operation of the declaration police officers are also conducting searches in the designated area.
(4)A protective services officer must conduct the least invasive search that is practicable in the circumstances.
(5)A protective services officer may detain a person for so long as is reasonably necessary to conduct a search under this section.".
8Power to search vehicles
(1)In section 10H(1) of the Control of Weapons Act 1990, after "police officer" insert "or a protective services officer on duty at a designated place".
(2)In section 10H(2) of the Control of Weapons Act 1990, after "police officer" insert "or protective services officer".
9Information to be given before search occurs
(1)After section 10I(1) of the Control of Weapons Act 1990 insert—
"(1A)When a protective services officer detains a person or a vehicle under section 10GA or 10H to conduct a search, the protective services officer must—
(a)if requested by the person, inform the person to be searched or a person in or on the vehicle, as the case requires, of the protective services officer's name, rank and place of duty; and
(b)if requested by the person, provide the information referred to in paragraph (a) in writing; and
(c)produce the officer's identification for inspection by the person, unless the protective services officer is in uniform; and
(d)inform the person that the protective services officer intends to search the person or the vehicle (as the case requires) for weapons and is empowered to do so under this Act; and
(e)give the person a search notice that complies with subsection (3).".
(2)In section 10I(2) of the Control of Weapons Act 1990, for "Subsection (1)(e) does" substitute "Subsections (1)(e) and (1A)(e) do".
(3)In section 10I(3)(c) of the Control of Weapons Act 1990, after "police officers" insert "and protective services officers on duty at a designated place".
(4)In section 10I(3)(d) of the Control of Weapons Act 1990, after "police officer" insert "or a protective services officer on duty at a designated place".
10Seizure of suspected weapons
(1)After section 10J(1) of the Control of Weapons Act 1990 insert—
"(1A)A protective services officer may seize and detain any item detected during a search under section 10GA or 10H that the protective services officer reasonably suspects is a weapon.".
(2)In section 10J(2) of the Control of Weapons Act 1990, after "police officer" (where twice occurring) insert "or protective services officer".
11Offence to obstruct or hinder search or other powers or fail to comply with direction
At the end of section 10L of the Control of Weapons Act 1990 insert—
"(3)A person must not, without reasonable excuse, obstruct or hinder a protective services officer in the exercise of a power under section 10AA, 10GA, 10H or 10J to stop and search a person or vehicle or to seize and detain a thing.".
Division 3—Amendment of the Corrections Act 1986
12Definitions
In section 3(1) of the Corrections Act 1986 insert the following definitions—
"designated place has the same meaning as in the Victoria Police Act 2013;
protective services officer has the same meaning as in the Victoria Police Act 2013;".
13Return of prisoner to prison on cancellation of parole
After section 77B(1) of the Corrections Act 1986 insert—
"(1A)Under a warrant issued pursuant to subsection (1)(a), a protective services officer on duty at a designated place may arrest the prisoner if the prisoner is at or in the vicinity of the designated place.
(1B)If a protective services officer arrests a prisoner under subsection (1A), the protective services officer must hand the prisoner into the custody of a police officer as soon as practicable after the prisoner is arrested.
(1C)Subsection (1A) applies despite the warrant not being directed to a named protective services officer or generally all protective services officers.".
14Arrest and detention for breach of parole order
(1)In section 78B(1) of the Corrections Act 1986, after "police officer" insert "or a protective services officer on duty at a designated place".
(2)After section 78B(1) of the Corrections Act 1986 insert—
"(1A)If a protective services officer arrests a prisoner under subsection (1), the protective services officer must hand the prisoner into the custody of a police officer as soon as practicable after the prisoner is arrested.".
(3)In section 78B(2) of the Corrections Act 1986—
(a)after "police officer" (where first occurring) insert "or a protective services officer on duty at a designated place";
(b)after "arrested the prisoner" insert "or received custody of the prisoner from a protective services officer".
(4)In section 78B(3) of the Corrections Act 1986, after "police officer" insert "or a protective services officer on duty at a designated place".
(5)In section 78B(4) of the Corrections Act 1986, after "arrested the prisoner" insert "or received custody of the prisoner from a protective services officer".
(6)After section 78B(4) of the Corrections Act 1986 insert—
"(4A)A protective services officer may only exercise the power to arrest without warrant under this section in relation to a person who is at, or in the vicinity of, a designated place.".
Division 4—Amendment of the Crimes Act 1958
15Requirement to give name and address
(1)In section 456AA(1) of the Crimes Act 1958—
(a)after "a police officer" insert "or a protective services officer on duty at a designated place";
(b)after "the police officer" insert "or the protective services officer".
(2)In section 456AA(2) of the Crimes Act 1958, after "police officer" insert "or a protective services officer".
(3)In section 456AA(3) of the Crimes Act 1958, after "police officer" insert "or a protective services officer".
(4)In section 456AA(4) of the Crimes Act 1958—
(a)after "police officer" insert "or a protective services officer";
(b)for "member" substitute "officer".
(5)In section 456AA(5) of the Crimes Act 1958, after "police officer" insert "or a protective services officer".
(6)In section 456AA(5)(c) of the Crimes Act 1958, after "police officer's" insert "or the protective services officer's".
(7)After section 456AA(5) of the Crimes Act 1958 insert—
"(6)A protective services officer may only exercise the power under this section in relation to a person who is at, or in the vicinity of, a designated place.
(7)In this section—
designated place has the same meaning as in the Victoria Police Act 2013.".
Division 5—Amendment of the Drugs, Poisons and Controlled Substances Act 1981
16Definitions
In section 4(1) of the Drugs, Poisons and Controlled Substances Act 1981 insert the following definition—
"designated place has the same meaning as in the Victoria Police Act 2013;".
17Protective services officer may exercise police powers under this Division
Section 60BA(7) of the Drugs, Poisons and Controlled Substances Act 1981 is repealed.
18New section 82A inserted
After section 82 of the Drugs, Poisons and Controlled Substances Act 1981 insert—
"82A Protective services officer may exercise police powers under section 82 to search without warrant
(1)Subject to subsection (3), a protective services officer on duty at a designated place may exercise all the powers and has all the duties given to or imposed on a police officer under section 82 other than—
(a)the power to search a boat, vessel or aircraft; and
(b)subject to subsection (4)—
(i)the power to carry away any instrument, device or substance under section 82(1)(g) or (2)(g); and
(ii)the power to carry away any drug of dependence or psychoactive substance under section 82(1)(h) or (2)(h).
(2)Any reference in section 82 to an action taken by a police officer includes any action taken by a protective services officer on duty at a designated place exercising the powers of a police officer in reliance on subsection (1).
(3)A protective services officer on duty at a designated place may only exercise the powers under section 82 in relation to a person who is at, or in the vicinity of, a designated place.
(4)If, in the course of a search under section 82, a protective services officer on duty at a designated place seizes any instrument, device or substance under section 82(1)(g) or (2)(g), or any drug of dependence or psychoactive substance under section 82(1)(h) or (2)(h)—
(a)the protective services officer, as soon as practicable after that seizure, must give the instrument, device, substance, drug of dependence or psychoactive substance to a police officer; and
(b)the police officer must deal with that instrument, device, substance, drug of dependence or psychoactive substance according to law as if it had been seized by that police officer under section 82.".
Division 6—Amendment of the Liquor Control Reform Act 1998
19Power to serve an infringement notice
In section 141(1AB) of the Liquor Control Reform Act 1998, after "against section" insert "119(3) or".
Part 3—Amendment of Second-Hand Dealers and Pawnbrokers Act 1989—scrap metal
20Purposes
(1)In section 1(c) of the Second-Hand Dealers and Pawnbrokers Act 1989, for "pawnbrokers." substitute "pawnbrokers; and".
(2)After section 1(c) of the Second-Hand Dealers and Pawnbrokers Act 1989 insert—
"(d)to prevent and disrupt criminal activity in the dealing of scrap metal.".
21Definitions
In section 3(1) of the Second-Hand Dealers and Pawnbrokers Act 1989—
(a)insert the following definitions—
"e-currency has the same meaning as in the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 of the Commonwealth;
motor vehicle means—
(a)a motor vehicle within the meaning of the Road Safety Act 1986, whether or not in working condition or complete; or
(b)the body, engine or chassis of a motor vehicle;
scrap metal means any thing of commercial value that—
(a)is made from or contains metal; and
(b)is sold or obtained as scrap for recycling or reprocessing of the metal—
but does not include any thing prescribed not to be scrap metal;
vehicle identifier has the same meaning as in the Road Safety Act 1986.";
(b)in the definition of Tribunal, for "1998." substitute "1998;".
22New sections 19A and 19B inserted
After section 19 of the Second-Hand Dealers and Pawnbrokers Act 1989 insert—
"19A Payment for scrap metal
(1)A second-hand dealer who buys or sells scrap metal must not pay for or receive payment for scrap metal in cash.
Penalty:200 penalty units.
(2)A second-hand dealer who buys or sells scrap metal must pay for or receive payment for scrap metal by—
(a)a cheque which is not transferable or payable to cash; or
(b)an electronic transfer of funds which does not involve e-currency; or
(c)any other prescribed form of payment.
Penalty:200 penalty units.
19BProhibition on buying, disposing of or possessing unidentified motor vehicles
(1)A second-hand dealer must not buy scrap metal that consists of a motor vehicle if the vehicle identifier has been removed, obliterated, defaced or altered.
Penalty:200 penalty units.
(2)A second-hand dealer must not sell or otherwise dispose of scrap metal that consists of a motor vehicle if the vehicle identifier has been removed, obliterated, defaced or altered unless authorised to do so by a police officer in writing.
Penalty:200 penalty units.
(3)A second-hand dealer must not possess scrap metal that consists of a motor vehicle if the vehicle identifier has been removed, obliterated, defaced or altered unless authorised to do so by a police officer in writing.
Penalty:200 penalty units.".
23Recording transactions
At the end of section 20 of the Second-Hand Dealers and Pawnbrokers Act 1989 insert—
"(2)A second-hand dealer must keep, in the prescribed form and containing the prescribed information, accurate and complete records of every transaction, whether conducted on the business premises or elsewhere, by which the dealer receives or disposes of scrap metal.
Penalty:20 penalty units.".
24Police powers generally
After section 25(1) of the Second-Hand Dealers and Pawnbrokers Act 1989 insert—
"(1A)In addition to subsection (1), a police officer may, without warrant, enter business premises or storage premises occupied by or under the control of a second-hand dealer and may inspect the premises or any goods at the premises, when—
(a)a business of dealing in scrap metal is being carried on at the premises; or
(b)the police officer reasonably believes that a business of dealing in scrap metal is being carried on at the premises.".
25New Division 4 of Part 5 inserted
After section 26ZF of the Second-Hand Dealers and Pawnbrokers Act 1989 insert—
"Division 4—Enforcement—second‑hand dealers
26ZGSearch warrants
(1)A police officer may apply to a magistrate for the issue of a search warrant in relation to particular premises for the purpose of monitoring compliance with this Act or the regulations in relation to second-hand dealers.
(2)If a magistrate is satisfied by the evidence, on oath or by affirmation or by affidavit, of the police officer that the warrant is necessary for the purpose of monitoring compliance with this Act or the regulations in relation to second-hand dealers, the magistrate may issue a search warrant, in accordance with the Magistrates' Court Act 1989, authorising a police officer named in the warrant, together with any other person or persons named or otherwise identified in the warrant and with any necessary equipment—
(a)to enter the premises specified in the warrant, if necessary by force; and
(b)to do all or any of the following—
(i)search for;
(ii)seize;
(iii)secure against interference;
(iv)examine and inspect;
(v)make copies of or take extracts from—
a thing or things of a particular kind named or described in the warrant and which the police officer believes, on reasonable grounds, to be connected with a contravention of this Act or the regulations in relation to second-hand dealers.
(3)A search warrant issued under this section must state—
(a)the purpose for which the search is required; and
(b)any conditions to which the warrant is subject; and
(c)whether entry is authorised to be made at any time of the day or night or during stated hours of the day or night; and
(d)a day, not later than 28 days after the issue of the warrant, on which the warrant ceases to have effect.
(4)Except as provided by this Act, the rules to be observed with respect to search warrants under the Magistrates' Court Act 1989 extend and apply to warrants under this section.
26ZHAnnouncement before entry
(1)On executing a search warrant, the police officer executing the warrant—
(a)must announce that the police officer is authorised by the warrant to enter the premises; and
(b)if the police officer has been unable to obtain unforced entry, must give any person at the premises an opportunity to allow entry to the premises.
(2)A police officer need not comply with subsection (1) if the police officer believes on reasonable grounds that immediate entry to the premises is required to ensure—
(a)the safety of any person; or
(b)that the effective execution of the search warrant is not frustrated.
26ZIDetails of warrant to be given to occupier
(1)If the occupier is present at premises where a search warrant is being executed, the police officer must—
(a)identify the police officer to the occupier; and
(b)give to the occupier a copy of the warrant.
(2)If the occupier is not present at premises where a search warrant is being executed, the police officer must—
(a)identify the police officer to a person (if any) at the premises; and
(b)give to the person a copy of the warrant.
26ZJSeizure of things not mentioned in the warrant
A search warrant under section 26ZG authorises a police officer executing the search warrant, in addition to the seizure of any thing of the kind described in the warrant, to seize or take a sample of any thing which is not of the kind described in the warrant if—
(a)the police officer believes, on reasonable grounds, that the thing is of a kind which could have been included in a search warrant issued under this Division; and
(b)in the case of seizure, the police officer believes, on reasonable grounds, that it is necessary to seize that thing in order to prevent its concealment, loss or destruction or its use in the contravention of this Act.
26ZKEmbargo notice
(1)A police officer executing a search warrant under section 26ZG who is authorised by that warrant to seize any thing may, if the thing cannot, or cannot readily, be physically seized and removed, issue an embargo notice in the prescribed form—
(a)by causing a copy of the notice to be served on the occupier; or
(b)if the occupier cannot be located after all reasonable steps have been taken to do so, by affixing a copy of the notice to the thing in a prominent position.
(2)A person who knows that an embargo notice relates to a thing and who—
(a)sells; or
(b)leases; or
(c)without the written consent of the police officer who issued the embargo notice, moves; or
(d)transfers; or
(e)otherwise deals with—
the thing or any part of the thing is guilty of an offence and liable to a penalty not exceeding 50 penalty units.
(3)It is a defence to a prosecution for an offence against subsection (2) to prove that the accused moved the thing or the part of the thing for the purpose of protecting and preserving it.
(4)Despite anything in any other Act, a sale, lease, transfer or other dealing with a thing in contravention of this section is void.
26ZLCopies of seized documents
(1)If a police officer retains possession of a document taken or seized from a person under this Division, the police officer must give the person, within 21 days of the seizure, a copy of the document certified as correct by the police officer.
(2)A copy of a document certified under subsection (1) shall be received in all courts and tribunals to be evidence of equal validity to the original.
26ZMRetention and return of seized documents or things
(1)If a police officer seizes a document or other thing under this Division, the police officer must take reasonable steps to return the document or thing to the person from whom it was seized if the reason for its seizure no longer exists.
(2)If the document or thing seized has not been returned within 3 months after it was seized, the police officer must take reasonable steps to return it unless—
(a)proceedings for the purpose for which the document or thing was retained have commenced within that 3 month period and those proceedings (including any appeal) have not been completed; or
(b)the Magistrates' Court makes an order under section 26ZN extending the period during which the document or thing may be retained.
26ZNMagistrates' Court may extend 3 month period
(1)A police officer may apply to the Magistrates' Court—
(a)within 3 months after seizing a document or other thing under this Division; or
(b)if an extension has been granted under this section, before the end of the period of the extension—
for an extension not exceeding 3 months of the period for which the police officer may retain the document or thing but so that the total period of retention does not exceed 12 months.
(2)The Magistrates' Court may order such an extension if it is satisfied that the total period of retention does not exceed 12 months and retention of the document or other thing is necessary—
(a)for the purposes of an investigation into whether a contravention of this Act or the regulations has occurred; or
(b)to enable evidence of a contravention of this Act or the regulations to be obtained for the purposes of a proceeding under this Act.
(3)The Magistrates' Court may adjourn an application to enable notice of the application to be given to any person.
26ZORequirement to assist police officer during entry
To the extent that it is reasonably necessary to determine compliance with this Act or the regulations, a police officer exercising a power of entry under this Division pursuant to a search warrant under section 26ZG who produces identification for inspection by the occupier of the premises or an agent or employee of the occupier may require that person—
(a)to give information to the police officer, orally or in writing; and
(b)to produce documents to the police officer; and
(c)to give reasonable assistance to the police officer.
26ZPRefusal or failure to comply with requirement
A person must not refuse or fail, without reasonable excuse, to comply with a requirement of a police officer under this Division.
Penalty:50 penalty units.
26ZQRule against self-incrimination does not apply
(1)A person is not excused from answering a question or producing a document under this Division on the ground that the answer or document might tend to incriminate the person.
(2)If the person claims, before answering a question, that the answer might tend to incriminate the person, the answer is not admissible in evidence in any criminal proceedings, other than in proceedings in respect of the falsity of the answer.
26ZROffence to give false or misleading information
A person must not—
(a)give information to a police officer under this Division that the person believes to be false or misleading in any material particular; or
(b)produce a document to a police officer under this Division that the person knows to be false or misleading in a material particular without indicating the respect in which it is false or misleading and, if practicable, providing correct information.
Penalty:50 penalty units.
26ZSService of documents
(1)A written requirement by a police officer under this Division may be given personally or by registered post to a person—
(a)at the last known place of business, employment or residence of the person; or
(b)in the case of a body corporate, at the registered office of the body corporate.
(2)A person who provides a document or information in response to a requirement of a police officer under this Division may send that document or information to the police officer by registered post.".
26Service
In section 27(1) of the Second-Hand Dealers and Pawnbrokers Act 1989, for "and 26Y" substitute ", 26Y and 26ZS".
27New Part 7 inserted
After Part 6 of the Second-Hand Dealers and Pawnbrokers Act 1989 insert—
"Part 7—Transitional provisions
32Justice Legislation Amendment (Protective Services Officers and Other Matters) Act 2017
Section 19B(2) and (3) as inserted by section 22 of the Justice Legislation Amendment (Protective Services Officers and Other Matters) Act 2017 applies to scrap metal that consists of a motor vehicle if that scrap metal comes into the possession of the second-hand dealer after the commencement of section 22 of that Act.".
Part 4—Police custody officer supervisors
Division 1—Corrections Act 1986
28New definition of police custody officer supervisor inserted
In section 3(1) of the Corrections Act 1986 insert the following definition—
"police custody officer supervisor has the same meaning as in the Victoria Police Act 2013;".
29Definitions
In section 104A of the Corrections Act 1986, for the definition of officer in charge substitute—
"officer in charge, in relation to a police gaol, means the police officer who is for the time being—
(a)in charge of the police gaol; and
(b)authorised to direct police custody officer supervisors and police custody officers in the performance of their functions, duties and powers.".
30Powers limited to certain police gaols
In section 104AB of the Corrections Act 1986—
(a)for "A police custody officer" substitute "A police custody officer supervisor and a police custody officer";
(b)for "police custody officers" substitute "police custody officer supervisors and police custody officers".
31Management of visitors in police gaols
(1)In section 104AC(1) of the Corrections Act 1986, after "the officer in charge of a police gaol" insert "or a police custody officer supervisor".
(2)In section 104AC(2) of the Corrections Act 1986, after "the officer in charge of a police gaol" insert "or a police custody officer supervisor (as the case requires)".
(3)In section 104AC(3) of the Corrections Act 1986, after "the officer in charge of the police gaol" insert "or a police custody officer supervisor (as the case requires)".
(4)In section 104AC(9) of the Corrections Act 1986—
(a)after "The officer in charge of a police gaol" insert "or a police custody officer supervisor";
(b)after "the officer in charge" insert "or the police custody officer supervisor (as the case requires)".
(5)After section 104AC(10) of the Corrections Act 1986 insert—
"(11)The officer in charge of a police gaol may overturn either of the following decisions and decide the matter—
(a)a decision of a police custody officer supervisor to grant, or not to grant, permission to enter the police gaol and visit a detained person;
(b)an order to leave the police gaol made by a police custody officer supervisor under subsection (9).".
32Detained persons to give certain information
In section 104AD(1) of the Corrections Act 1986, for "or police custody officer" substitute ", a police custody officer supervisor or a police custody officer".
33Orders to detained persons
In section 104AE of the Corrections Act 1986—
(a)for "or police custody officer may" substitute ", a police custody officer supervisor or a police custody officer may";
(b)for "or police custody officer believes" substitute ", the police custody officer supervisor or the police custody officer believes".
34Power to take photographs of detained persons
(1)In section 104AF(1) of the Corrections Act 1986, for "or a police custody officer" substitute ", a police custody officer supervisor or a police custody officer".
(2)In section 104AF(3) of the Corrections Act 1986, for "or police custody officer" substitute ", a police custody officer supervisor or a police custody officer".
35Offence to disobey a lawful order
In section 104AG of the Corrections Act 1986, for "or police custody officer" substitute ", a police custody officer supervisor or a police custody officer".
36Power to restrain detained persons
(1)In section 104AH(1) of the Corrections Act 1986—
(a)for "or police custody officer" substitute ", a police custody officer supervisor or a police custody officer";
(b)in paragraph (b), for "a police custody officer" substitute "a police custody officer supervisor or a police custody officer".
(2)After section 104AH(1) of the Corrections Act 1986 insert—
"(1A)A police custody officer supervisor may apply, or authorise a police custody officer to apply, an instrument of restraint to a detained person if the police custody officer supervisor believes on reasonable grounds that—
(a)in the case of a person being moved under escort from one place to another within a police gaol, the restraint is necessary to ensure the secure transfer of the person; or
(b)in any case, exceptional circumstances exist and the restraint is necessary to prevent an assault on, or injury to, any person, or substantial damage to property.".
(3)For section 104AH(2) of the Corrections Act 1986 substitute—
"(2)A police officer applying an instrument of restraint in accordance with subsection (1) or a police custody officer supervisor or a police custody officer applying an instrument of restraint in accordance with subsection (1) or (1A) must do so in the manner for the time being determined by the Chief Commissioner.".
(4)After section 104AH(2) of the Corrections Act 1986 insert—
"(3)The officer in charge of a police gaol may overturn a decision of a police custody officer supervisor under subsection (1A) and decide the matter.".
37Search powers
(1)For section 104C(1) of the Corrections Act 1986 substitute—
"(1)For the good order or security of a police gaol or detained persons—
(a)the officer in charge of the police gaol may, at any time—
(i)exercise any of the powers under subsection (1A) or (1B); or
(ii)order a police custody officer supervisor to exercise any of the powers under subsection (1A) or (1B); or
(iii)order a police officer or a police custody officer to exercise any of the powers under subsection (1A) or (1B); or
(b)a police custody officer supervisor may, at any time—
(i)exercise any of the powers under subsection (1A); or
(ii)order a police custody officer to exercise any of the powers under subsection (1A).
(1A)In conducting a search under subsection (1), the officer in charge of a police gaol, a police custody officer supervisor, a police officer or a police custody officer may—
(a)search any part of the police gaol; or
(b)search and examine any charged person, a visitor to the police gaol, a police custody officer or any other person in the police gaol (other than a police officer); or
(c)search and examine any thing in the police gaol or held by Victoria Police on behalf of a detained person; or
(d)as well as the formal search required by section 104B, require a person wishing to enter a police gaol to submit to a search and examination of the person and of any thing in the person's possession or under the person's control; or
(e)conduct any search under paragraph (a), (b), (c) or (d) at random.
(1B)In conducting a search under subsection (1)(a), the officer in charge of a police gaol, a police custody officer supervisor, a police officer or a police custody officer may—
(a)search and examine a police officer; or
(b)conduct a search under paragraph (a) at random.".
(2)In section 104C(2) of the Corrections Act 1986, for "Subsections (1)(b) and (1)(d)" substitute "Subsection (1A)(b) and (c)".
(3)In section 104C(3) of the Corrections Act 1986, for "or police custody officer" substitute ", a police custody officer supervisor or a police custody officer".
(4)After section 104C(3) of the Corrections Act 1986 insert—
"(3A)A police custody officer supervisor may search or examine or order a police custody officer to search or examine a detained person (other than a charged person) if the police custody officer supervisor believes on reasonable grounds that the search or examination is necessary—
(a)for the security or good order of the police gaol; or
(b)for the safety of persons at the police gaol (whether in custody or not); or
(c)to locate a weapon, or any thing that may be used in the escape of a person from a police gaol; or
(d)to locate any thing connected with, or affording evidence of, the commission of the offence for which the person is detained in the police gaol.".
(5)In section 104C(4) of the Corrections Act 1986, after "the officer in charge of the police gaol" insert "or a police custody officer supervisor (as the case requires)".
(6)In section 104C(6) of the Corrections Act 1986, after "The officer in charge of a police gaol" insert "or a police custody officer supervisor (as the case requires)".
(7)After section 104C(6) of the Corrections Act 1986 insert—
"(7)The officer in charge of a police gaol may overturn a decision of a police custody officer supervisor under subsection (1)(b) or (3A) and decide the matter.".
38Police custody officers to transport persons at Chief Commissioner's direction
(1)In section 104DA(1) of the Corrections Act 1986, after "The Chief Commissioner" insert "or a police custody officer supervisor, subject to the direction of the Chief Commissioner,".
(2)In section 104DA(2) and (3) of the Corrections Act 1986, after "the Chief Commissioner" insert "or a police custody officer supervisor (as the case requires)".
39Functions and powers of police custody officers in relation to persons they transport or supervise
(1)In section 104DB(1)(f) of the Corrections Act 1986, after "the Chief Commissioner" insert "or a police custody officer supervisor".
(2)In section 104DB(2)(d) of the Corrections Act 1986, after "the Chief Commissioner" insert "or a police custody officer supervisor".
40Transport or supervision authorised under other enactments and instruments
In section 104DC(1) of the Corrections Act 1986, after "the Chief Commissioner" insert "or a police custody officer supervisor".
Division 2—Victoria Police Act 2013
41New definition of police custody officer supervisor inserted
In section 3(1) of the Victoria Police Act 2013 insert the following definition—
"police custody officer supervisor means a Victoria Police employee authorised to act as a police custody officer supervisor under section 200AC;".
42Targeted testing—police custody officers
(1)In the heading to section 89A of the Victoria Police Act 2013, before "police" insert "police custody officer supervisors and".
(2)In section 89A(1) of the Victoria Police Act 2013, after "applies to" insert "police custody officer supervisors and".
43Persons subject to random testing
In section 94(2) of the Victoria Police Act 2013, after "applies to" insert "police custody officer supervisors and".
44Heading to Part 11A amended
In the heading to Part 11A of the Victoria Police Act 2013, for "Police" substitute "Police custody officer supervisors and police".
45New Division 1A of Part 11A inserted
After Division 1 of Part 11A of the Victoria Police Act 2013 insert—
"Division 1A—Duties and authorisation of police custody officer supervisors
200ABDuties of police custody officer supervisors
(1)A police custody officer supervisor has the following duties—
(a)to supervise police custody officers at a police gaol and at other locations in accordance with this Act and the Corrections Act 1986;
(b)to perform administrative functions relevant to the management and organisation of police custody officers;
(c)to make certain decisions in accordance with Part 9A of the Corrections Act 1986.
(2)In addition to subsection (1), a police custody officer supervisor has all the functions, duties and powers of a police custody officer referred to in—
(a)this Part; and
(b)Part 9A of the Corrections Act 1986; and
(c)the Court Security Act 1980; and
(d)the Crimes Act 1958; and
(e)the Road Safety Act 1986; and
(f)the Sentencing Act 1991.
200ACAuthorisation of police custody officer supervisors
(1)The Chief Commissioner, by instrument, may authorise a Victoria Police employee to act as a police custody officer supervisor.
(2)An authorisation may be given subject to any conditions or limitations that are stated in it.
200ADScope of authorisation may be limited
(1)Without limiting section 200AC(2), the Chief Commissioner may at any time limit the scope of an authorisation given to a Victoria Police employee under section 200AC by—
(a)specifying that the Victoria Police employee may exercise specified powers under the authorisation; or
(b)specifying that the Victoria Police employee may not exercise specified powers under the authorisation.
(2)If the Chief Commissioner limits the scope of a Victoria Police employee's authorisation, the Chief Commissioner must give the Victoria Police employee written notice of the limitations that apply to the authorisation.
(3)A limitation on a Victoria Police employee's authorisation under this section takes effect when the Victoria Police employee receives the notice of the limitation required by subsection (2).
200AEVariation, suspension and revocation of authorisation
The Chief Commissioner, by instrument, may vary, suspend or revoke an authorisation under section 200AC at any time.".
46Heading to Division 2 of Part 11A substituted
For the heading to Division 2 of Part 11A of the Victoria Police Act 2013 substitute—
"Division 2—Duties and authorisation of police custody officers".
47Duties of police custody officers
In section 200B of the Victoria Police Act 2013—
(a)in paragraph (a), for "management and operation of police gaols and police stations" substitute "operation of police gaols and to provide administrative support at police stations";
(b)in paragraph (c), after "duties" insert "that are required for the purposes of paragraph (a) or (b) as".
48Police custody officers have powers in declared police gaols
(1)In the heading to section 200C of the Victoria Police Act 2013, for "Police custody officers" substitute "Police custody officer supervisors and police custody officers".
(2)In section 200C of the Victoria Police Act 2013—
(a)for "police custody officers" substitute "police custody officer supervisors and police custody officers";
(b)omit "Divisions 2 and 3 of".
49Statute law revision
In section 200M(2)(b)(i) of the Victoria Police Act 2013, for "policy custody officer" substitute "police custody officer".
Part 5—Protective services officers—in the vicinity of a designated place
50Bail Act 1977
After section 24(1A) of the Bail Act 1977 insert—
"(1B)A protective services officer may only exercise the power to arrest without warrant under this section in relation to a person who is at, or in the vicinity of, a designated place.".
51Control of Weapons Act 1990
After section 4 of the Control of Weapons Act 1990 insert—
"4A Application of powers conferred on protective services officers under this Act
(1)Subject to subsection (2), a protective services officer may only exercise the powers under this Act in relation to a person who is at, or in the vicinity of, a designated place.
(2)A protective services officer may only exercise the power under section 11B in relation to a person who was at, or in the vicinity of, a designated place at the time of the alleged offence.
(3)A protective services officer may only exercise a power conferred by this Act in relation to a designated area if that designated area overlaps with, or is in the vicinity of, a designated place.".
52Crimes Act 1958
After section 459(2) of the Crimes Act 1958 insert—
"(2A)A protective services officer may only exercise the power to apprehend without warrant under this section in relation to a person who is at, or in the vicinity of, a designated place.".
53Graffiti Prevention Act 2007
(1)After section 11(1A) of the Graffiti Prevention Act 2007 insert—
"(1B)A protective services officer may only exercise the power to serve an infringement notice under this section in relation to a person who was at or in the vicinity of a designated place at the time of the alleged offence.".
(2)After section 13(4) of the Graffiti Prevention Act 2007 insert—
"(5)A protective services officer may only exercise any power under this section in relation to a person, or vehicle, package or thing in the possession of the person who is at or in the vicinity of a designated place.".
54Liquor Control Reform Act 1998
(1)Before section 126 of the Liquor Control Reform Act 1998 insert—
"125A Application of powers conferred on protective services officers under this Division
A protective services officer may only exercise the powers under this Division in relation to a person who is at, or in the vicinity of, a designated place.".
(2)After section 141(1AB) of the Liquor Control Reform Act 1998 insert—
"(1AC)A protective services officer may only exercise the power to serve an infringement notice under this section in relation to a person who was at, or in the vicinity of, a designated place at the time of the alleged offence.".
55Magistrates' Court Act 1989
After section 65(1A) of the Magistrates' Court Act 1989 insert—
"(1B)A protective services officer may only exercise the power to arrest under this section in relation to a person who is at, or in the vicinity of, a designated place.".
56Mental Health Act 2014
After section 351(4A) of the Mental Health Act 2014 insert—
"(4B)A protective services officer may only exercise the power to apprehend under this section in relation to a person who is at, or in the vicinity of, a designated place.".
57Summary Offences Act 1966
(1)After section 6(4) of the Summary Offences Act 1966 insert—
"(4A)A protective services officer may only exercise the power to give a direction under this section in relation to a person who is at a public place that is at, or in the vicinity of, a designated place.".
(2)After section 60AA(1B) of the Summary Offences Act 1966 insert—
"(1C)A protective services officer may only exercise the power to serve an infringement notice under this section in relation to a person who was at or in the vicinity of a designated place at the time of the alleged offence.".
58Transport (Compliance and Miscellaneous) Act 1983
(1)In the heading to Division 1 of Part VII of the Transport (Compliance and Miscellaneous) Act 1983, after "Interpretations" insert "and application".
(2)After section 208 of the Transport (Compliance and Miscellaneous) Act 1983 insert—
"208A Application of powers conferred on protective services officers under this Part
(1)Subject to subsection (2), a protective services officer may only exercise the powers under this Part in relation to a person who is at, or in the vicinity of, a designated place.
(2)A protective services officer may only exercise the power under section 229 in relation to a person who was at, or in the vicinity of, a designated place at the time of the alleged offence.".
Part 6—Other miscellaneous amendments
59New section 347A inserted—Children, Youth and Families Act 2005
After section 347 of the Children, Youth and Families Act 2005 insert—
"347A Child may be temporarily held in police gaol to facilitate transport to and from court and youth justice facilities
(1)For the purposes of facilitating the transportation of a child to or from a court or a youth justice facility, a child may be temporarily held or detained in a police gaol for no more than 2 working days.
(2)If a child is held or detained in a police gaol under this section, the child—
(a)must be kept separate from adults who are detained there;
(b)is entitled to be kept separately according to the child's sex;
(c)subject to the Corrections Act 1986 and the regulations made under that Act, is entitled to receive visits from parents, relatives, legal practitioners, persons acting on behalf of legal practitioners and other persons;
(d)is entitled to have reasonable efforts made to meet the child's medical, religious and cultural needs including, in the case of an Aboriginal child, the child's needs as a member of the Aboriginal community;
(e)is entitled to complain to the Chief Commissioner of Police or the Ombudsman about the standard of care, accommodation or treatment which the child is receiving in the police gaol;
(f)is entitled to be advised of the child's entitlements under this subsection.
(3)It is the responsibility of the Chief Commissioner of Police to make sure that subsection (2) is complied with.".
60Ill-health retirement
(1)After section 67(2)(a) of the Victoria Police Act 2013 insert—
"(ab)require the police officer or protective services officer to be examined by a person registered under the Health Practitioner Regulation National Law to practise in the psychology profession (other than as a student) nominated by the Chief Commissioner; and".
(2)In section 67(2)(b) of the Victoria Police Act 2013, after "conducting the examination" insert "under paragraph (a) or (ab)".
Part 7—Repeal of amending Act
61Repeal of amending Act
This Act is repealed on 30 May 2019.
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: 25 May 2017
Legislative Council: 23 June 2017
The long title for the Bill for this Act was "A Bill for an Act to amend various Acts in relation to powers of protective services officers on duty at designated places, to provide for psychological fitness for duty assessments for police officers and protective services officers, to facilitate attendance of children held in police custody to and from courts and youth justice facilities, to amend the Second-Hand Dealers and Pawnbrokers Act 1989 to regulate payments for scrap metal and to provide for enforcement, to amend the Corrections Act 1986 to extend to police custody officer supervisors the powers under Part 9A of that Act, to amend the Victoria Police Act 2013 to establish the role of police custody officer supervisors in police gaols, to make consequential and other technical amendments to other Acts and for other purposes."
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