Untitled document

Crimes Legislation Amendment Act 2010

No. 7 of 2010

table of provisions

Section  Page

Part 1—Preliminary

1Purposes

2Commencement

Part 2—Amendment of the Crimes Act 1958

3Sexual penetration of child under the age of 16

Part 3—Amendment of the Crimes (Controlled Operations) Act 2004

4Chief officers' reports

5Annual report by Special Investigations Monitor

6New section 59 inserted

59Transitional provision—Crimes Legislation Amendment Act 2010

Part 4—Amendment of the Evidence (Miscellaneous Provisions) Act 1958

7Definitions

8Exclusion and publication prohibition orders

9New section 164 inserted

164Validation of certain orders

Part 5—Amendment of the Family Violence Protection Act 2008

10Expiry of Division

Part 6—Amendment of the Fisheries Act 1995

11Secretary's reports

12Annual report by Special Investigations Monitor

13New section 163C inserted

163CTransitional provision—Crimes Legislation Amendment Act 2010

Part 7—Amendment of the Sentencing Act 1991

14Statute law revision amendment to the Sentencing Act 1991

Part 8—Amendment of the Wildlife Act 1975

15Secretary's reports

16Annual report by Special Investigations Monitor

17New section 92A inserted

92ATransitional provision—Crimes Legislation Amendment Act 2010

Part 9—Repeal of Amending Act

18Repeal of amending Act

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Endnotes

Crimes Legislation Amendment Act 2010

No. 7 of 2010

[Assented to 16 March 2010]

The Parliament of Victoria enacts:

Part 1—Preliminary

1Purposes

The purposes of this Act are—

(a)to amend the Crimes Act 1958 to restructure the maximum penalties for the offence of sexual penetration of a child under the age of 16;

(b)to amend the Crimes (Controlled Operations) Act 2004 as to the reporting dates required of the Special Investigations Monitor;

(c)to amend the Evidence (Miscellaneous Provisions) Act 1958 as to the definition of a document and other matters;

(d)to amend the Family Violence Protection Act 2008 to extend the Family Violence Safety Notice sunset date;

(e)to amend the Fisheries Act 1995 as to the reporting dates required of the Special Investigations Monitor;

(f)to make a statute law revision amendment to the Sentencing Act 1991; and

(g)to amend the Wildlife Act 1975 as to the reporting dates required of the Special Investigations Monitor.

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 the Crimes Act 1958

3Sexual penetration of child under the age of 16

(1)In section 45(2)(a) of the Crimes Act 1958 for "10" substitute "12".

(2)In section 45(2)(b) of the Crimes Act 1958 for "10" substitute "12".

(3)For section 45(2)(c) of the Crimes Act 1958 substitute—

"(c)in any other case of sexual penetration of a child between the ages of 12 and 16, to level 5 imprisonment (10 years maximum).".

(4)In section 45(3)(a) of the Crimes Act 1958 for "10" substitute "12".

(5)In section 45(4) of the Crimes Act 1958 for "10" substitute "12".

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Part 3—Amendment of the Crimes (Controlled Operations) Act 2004

4Chief officers' reports

In section 38(1) of the Crimes (Controlled Operations) Act 2004 for "after 31 March and 30 September" substitute ", after 30 June and 31 December but no more than 2 months after each date".

5Annual report by Special Investigations Monitor

In section 39(1) of the Crimes (Controlled Operations) Act 2004 for "in relation to a law enforcement agency must, as soon as practicable after 30 June in each year" substitute "must, as soon as practicable after receipt of the report of 30 June in each year of the Chief Officer of a law enforcement agency".

6New section 59 inserted

After section 58 of the Crimes (Controlled Operations ) Act 2004 insert—

"59   Transitional provision—Crimes Legislation Amendment Act 2010

The first report submitted by the Chief Officer under section 38(1) after the commencement of section 4 of the Crimes Legislation Amendment Act 2010 must include the information required by section 38(1) for any period in the 9 months immediately preceding that commencement, that has not previously been reported on.".

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Part 4—Amendment of the Evidence (Miscellaneous Provisions) Act 1958

7Definitions

For section 3(2) of the Evidence (Miscellaneous Provisions) Act 1958 substitute—

"(2)A reference in this Act to a document includes a reference to—

(a)any part of the document; or

(b)any copy, reproduction or duplicate of the document or of any part of the document; or

(c)any part of such a copy, reproduction or duplicate.".

8Exclusion and publication prohibition orders

(1)Insert the following heading to section 19B of the Evidence (Miscellaneous Provisions) Act 1958—

"Exclusion and publication prohibition orders".

(2)In section 19B(2) of the Evidence Act (Miscellaneous Provisions) 1958, omit "to which an order under subsection (1) applies".

(3)After section 19B(2) of the Evidence (Miscellaneous Provisions) Act 1958 insert—

"(2A)The commissioner must not make an order under subsection (2) unless the commissioner is satisfied that the making of the order would facilitate the conduct of the inquiry by the commission or would otherwise be in the public interest.".

9New section 164 inserted

After section 163 of the Evidence (Miscellaneous Provisions) Act 1958 insert—

"164   Validation of certain orders

An order of a commissioner presiding at a hearing of a commission purported to be made under section 19B(2) and purported to be in force immediately before the commencement of this section is, on and from that commencement, taken to have the same force and effect as it would have had if it had been validly made under section 19B(2).".

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Part 5—Amendment of the Family Violence Protection Act 2008

10Expiry of Division

In section 41 of the Family Violence Protection Act 2008 for "2" substitute "3".

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Part 6—Amendment of the Fisheries Act 1995

11Secretary's reports

In section 131S(1) of the Fisheries Act 1995 for "after 31 March and 30 September" substitute

", after 30 June and 31 December but no more than 2 months after each date".

12Annual report by Special Investigations Monitor

In section 131T(1) of the Fisheries Act 1995 for "after 30 June in each year" substitute "after receipt of the report of the Secretary of 30 June in each year".

13New section 163C inserted

After section 163B of the Fisheries Act 1995 insert—

"163C   Transitional provision—Crimes Legislation Amendment Act 2010

The first report submitted by the Secretary under section 131S(1) after the commencement of section 11 of the Crimes Legislation Amendment Act 2010 must include the information required by section 131S(1) for any period in the 9 months immediately preceding that commencement, that has not previously been reported on.".

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Part 7—Amendment of the Sentencing Act 1991

14Statute law revision amendment to the Sentencing Act 1991

(1)In section 138, where secondly occurring, for "138" substitute "139".

(2)In section 138, where thirdly occurring, for "138" substitute "140".

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Part 8—Amendment of the Wildlife Act 1975

15Secretary's reports

In section 74O(1) of the Wildlife Act 1975 for "after 31 March and 30 September" substitute

", after 30 June and 31 December but no more than 2 months after each date".

16Annual report by Special Investigations Monitor

In section 74P(1) of the Wildlife Act 1975 for "after 30 June in each year" substitute "after receipt of the report of the Secretary of 30 June in each year".

17New section 92A inserted

After section 92 of the Wildlife Act 1975 insert—

"92A   Transitional provision—Crimes Legislation Amendment Act 2010

The first report submitted by the Secretary under section 74O(1) after the commencement of section 15 of the Crimes Legislation Amendment Act 2010 must include the information required by section 74O(1) for any period in the 9 months immediately preceding that commencement, that has not previously been reported on.".

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Part 9—Repeal of Amending Act

18Repeal of amending Act

This Act is repealed 1 year after it commences.

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: 10 December 2009

Legislative Council: 25 February 2010

The long title for the Bill for this Act was "A Bill for an Act to amend the Crimes Act 1958 to restructure the maximum penalties for the offence of sexual penetration of a child under the age of 16, to amend the Crimes (Controlled Operations) Act 2004, the Evidence (Miscellaneous Provisions) Act 1958, the Family Violence Protection Act 2008, the Fisheries Act 1995, the Sentencing Act 1991 and the Wildlife Act 1975 and for other purposes."