Untitled document
Justice Legislation Further Amendment Act 2009
No. 55 of 2009
table of provisions
Section Page
Part 1—Preliminary
1Purposes
2Commencement
Part 2—Corrections Act 1986
3Functions of Secretary
4New Part 9D inserted
Part 9D—Accident Compensation
104ZODefinition
104ZPApplication of Part
104ZQWhen is compensation payable?
104ZRCompensation for personal injuries
104ZSCompensation for loss of or damage to property
104ZTJurisdiction
104ZUAuthority to represent Crown
104ZVCompensation otherwise payable
104ZWPayments
5Section 110 repealed
6New section 118 inserted
118Transitional provision—Justice Legislation Further Amendment Act 2009
Part 3—Drugs, Poisons and Controlled Substances Act 1981
7Definitions
8New Part VB inserted
Part VB—Precursor Chemicals and Apparatus
Division 1—Preliminary
80IApplication of Part
Division 2—Category 1 precursor chemicals
80JSupply of category 1 precursor chemicals
80KStorage of category 1 precursor chemicals
Division 3—Category 2 precursor chemicals and category 3 precursor apparatus
80LSupply of category 2 precursor chemicals
80MSupply of category 3 precursor apparatus
Division 4—Transaction records
80NEnd user declarations to be kept
80ORecord of supply—category 1 precursor chemical
80PRecord of supply—category 2 precursor chemical
80QRecord of supply of category 3 precursor apparatus
80RPolice may inspect records
80SOffence not to produce records
9Regulations
Part 4—Family Violence Protection Act 2008
10No effect on ownership rights
11Effect of seizure of firearm, weapon or other article if final order made against person
12Effect of seizure of firearm, weapon or other article if no final order etc.
13Order declaring a person to be a vexatious litigant
14New section 197A inserted
197ANotice of order to be given to Attorney-General
Part 5—Firearms Act 1996
15Persons from whom a dealer can acquire firearms
16Persons to whom a dealer can dispose of firearms
17Offence to acquire a firearm without a permit
18Offence not to produce firearm for inspection
19Offence to carry or use a firearm in certain places
20Offence to possess, carry or use a firearm on private property without consent
21Non-prohibited persons who are exempt from the requirement to hold a licence under Part 2
Part 6—Police Integrity Act 2008
22Delegation by Director
23Definitions
24Testing of members of OPI personnel in certain circumstances
25Confidentiality of witness summons
26Person held in custody
27Power to seize documents or things at public authority
premises28Privilege claims in relation to search warrants
29Authority to possess, carry and use defensive equipment
30New sections 102A and 102B inserted
102AAuthority to possess, carry and use defensive equipment for training purposes
102BAuthority to acquire, store and maintain defensive equipment
31Authority to possess, carry and use firearms
32New sections 103A to 103F inserted
103AAuthority to acquire, dispose of, store and maintain firearms
103BAuthority to possess, carry and use firearms for training purposes
103CDirector to notify Chief Commissioner of acquisition or disposal
103DStorage of firearms
103EStorage of cartridge ammunition
103FRequirement to notify Chief Commissioner of loss etc.
33Amendment to Schedule 1
Part 7—Sex Offenders Registration Act 2004
Division 1—Chief Commissioner may apply for suspension of reporting obligations
34Supreme Court may exempt certain registrable offenders
35New section 39A inserted
39AChief Commissioner may apply for exemption from reporting obligations
36Order for suspension
37New section 35A inserted
35AReporting period to run during suspension
38Restriction on right of unsuccessful applicant to re-apply for order
39New section 44A inserted
44AChief Commissioner may apply for revocation of exemption order
40Application for new order
Division 2—Application of sex offender registration orders to juvenile offenders
41Sex offender registration order
Division 3—Additional personal details to be provided by registrable offenders
42Initial report by registrable offender of personal details
Division 4—Change to the time period for reporting that a registrable offender has unsupervised contact with a child
43Registrable offender must report changes to relevant personal details
Division 5—Periods within which registrable offenders must report to police
44When the report must be made
Division 6—Clarification of how reporting periods are calculated
45Length of reporting period
46Reduced period applies for juvenile registrable offenders
Division 7—Police to provide information from the Register to Secretary
47Access to the Register to be restricted
Division 8—Technical amendments
48Who is a registrable offender?
Part 8—Stalking Intervention Orders Act 2008
49Effect of seizure of firearms if final order is made
50Effect of seizure of firearm if no final order made
51Bail on appearance to summons or arrest
Part 9—Amendments to Miscellaneous Acts and Repeal of Amending Act
Division 1—Control of Weapons Act 1990
52Identifying persons purchasing prohibited weapons
Division 2—Legal Aid Act 1978
53Functions and powers
54Duties of the VLA
Division 3—Liquor Control Reform Amendment (Enforcement) Act 2009
55Security cameras
Division 4—Major Crime Legislation Amendment Act 2009
56Confidentiality of witness summons
57New section 11A inserted
11ACourt proceedings
Division 5—Police Regulation Act 1958
58Definitions
59Testing of members in certain circumstances
Division 6—Road Safety Act 1986
60Evidence relating to prescribed detection devices
61New sections inserted after section 103T
103UDefinition
103VTransitional provision 2009 Act—Section 79
evidence103WTransitional provision 2009 Act —Section 80A
evidence103XTransitional provision 2009 Act—Section 81
evidence103YTransitional provision 2009 Act—Section 83
certificates103ZTransitional provision 2009 Act—Section 83A certificates
Division 7—Witness Protection Act 1991
62 Notice of involuntary termination, review and appeal
Division 8—Working with Children Act 2005
63Re-assessment
Division 9—Repeal of Amending Act
64Repeal of amending Act
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Endnotes
Justice Legislation Further Amendment Act 2009
No. 55 of 2009
[Assented to 22 September 2009]
The Parliament of Victoria enacts:
Part 1—Preliminary
1Purposes
The main purposes of this Act are—
(a)to amend the Control of Weapons Act 1990 in relation to its application to the Director, Police Integrity and to the Office of Police Integrity;
(b)to amend the Corrections Act 1986 in relation to accident compensation and other minor matters;
(c)to amend the Drugs, Poisons and Controlled Substances Act 1981 to provide for controls in relation to the supply of certain prescribed precursor chemicals and precursor apparatus;
(d)to amend the Family Violence Protection Act 2008 in relation to the seizure and surrender of firearms;
(e)to amend the Firearms Act 1996 in relation to its application to the Director, Police Integrity and to the Office of Police Integrity;
(f)to amend the Legal Aid Act 1978 in relation to the functions of Victoria Legal Aid;
(g)to amend the Liquor Control Reform Amendment (Enforcement) Act 2009 to correct minor matters;
(h)to amend the Major Crime Legislation Amendment Act 2009 to correct minor matters;
(i)to amend the Police Integrity Act 2008 to improve the operation of that Act;
(j)to amend the Police Regulation Act 1958 in relation to drug and alcohol testing of members of the force;
(k)to amend the Road Safety Act 1986 in relation to detection devices;
(l)to amend the Sex Offenders Registration Act 2004 to improve the operation of that Act;
(m)to amend the Stalking Intervention Orders Act 2008 in relation to the seizure and surrender of firearms;
(n)to amend the Witness Protection Act 1991 to amend a time limit;
(o)to amend the Working with Children Act 2005 to improve the operation of that Act.
2Commencement
(1)Part 1 and Divisions 3 and 4 of Part 9 come into operation on the day on which this Act receives the Royal Assent.
(2)Section 61 comes into operation on the day on which section 30 of the Road Legislation Amendment Act 2009 comes into operation.
(3)Subject to subsection (4), the remaining provisions of this Act come into operation on a day or days to be proclaimed.
(4)If a provision referred to in subsection (3) does not come into operation before 31 May 2010, it comes into operation on that day.
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Part 2—Corrections Act 1986
3Functions of Secretary
Section 7(2) of the Corrections Act 1986 is repealed.
4New Part 9D inserted
After Part 9C of the Corrections Act 1986 insert—
"Part 9D—Accident Compensation
104ZODefinition
In this Part, Authority means the Victorian WorkCover Authority established under the Accident Compensation Act 1985.
104ZPApplication of Part
This Part applies to a person who is—
(a)an offender who is required or directed by or under a correctional order, a provision of the Sentencing Act 1991, or Part 9 of this Act to work or to take part in a program of activities; or
(b)a volunteer who is working in a prison or at a location; or
(c)a person who is required or directed by or under a diversion program under section 128A of the Magistrates' Court Act 1989 to work or to take part in a program of activities.
104ZQWhen is compensation payable?
Compensation is payable under this Part if a person suffers personal injury (including death) or loss of or damage to property belonging to the person or in the person's possession or control while the person is engaged—
(a)in working or taking part in a program of activities referred to in section 104ZP(a) or (c); or
(b)if the person is a volunteer, in working in a prison or at a location.
104ZRCompensation for personal injuries
(1)Compensation for personal injury (including death) is to be paid in accordance with and subject to the Accident Compensation Act 1985 to those persons to whom, or for whose benefit, compensation would be payable under that Act if—
(a)the injured person were a worker employed by the Crown; and
(b)the personal injury had arisen out of or in the course of the employment—
within the meaning of that Act.
(2)For the purpose of assessing the amount of compensation, the average weekly earnings of the injured person is to be computed on the following basis but so that any relevant maximum limits imposed by the Accident Compensation Act 1985 are not exceeded—
(a)by reference to the injured person's employment by any employer or employers during the relevant period before the accident; or
(b)if the injured person was not then working under a contract of service, on any basis that is best calculated to give the appropriate compensation for the injured person's loss of earning capacity.
(3)For the purposes of enabling the return to work of the injured person, the Authority may—
(a)prepare a return to work plan under the Accident Compensation Act 1985;
(b)approve a provider of occupational rehabilitation services for the purposes of a return to work plan prepared under paragraph (a);
(c)provide alternative assistance or programs to the injured person or in respect of the employment of the injured person.
(4)Any costs and expenses incurred as a result of subsection (3) are to be paid by the Authority under section 104ZW(2) as if the costs and expenses were a payment of compensation and section 104ZW(3) applies accordingly.
(5)In this section, injured person means—
(a)an offender or person who suffers personal injury (including death) while engaged in working or taking part in a program of activities referred to in section 104ZP(a) or (c); or
(b)a volunteer who suffers personal injury (including death) while engaged in working in a prison or at a location.
104ZSCompensation for loss of or damage to property
Compensation payable for loss of or damage to property is to be such that the Minister considers reasonable in the circumstances and is to be paid to the owner of the property or any person who has an interest in it.
104ZTJurisdiction
If any question or matter arises under this Part, the County Court and the Magistrates' Court have, under this Act, the same jurisdiction to hear and determine the question or matter as if it were a question or matter arising under the AccidentCompensation Act 1985 and that Act applies with the necessary adaptations and modifications.
104ZUAuthority to represent Crown
In all proceedings under this Part, the Authority represents the Crown and has the same powers, rights and authorities as the Authority has under the Accident Compensation Act 1985 in regard to the corresponding matter relating to a worker under that Act.
104ZVCompensation otherwise payable
If a person is entitled to compensation in respect of personal injury otherwise than in accordance with this Part, there is payable to that person the amount, if any, by which the amount of compensation in respect of the injury determined under this Part exceeds the amount to which the person is entitled.
104ZWPayments
(1)The Authority is entitled to the reimbursement of its reasonable costs and expenses incurred in representing the Crown under section 104ZU.
(2)The Authority must make any payment of compensation under this Part out of the WorkCover Authority Fund under the AccidentCompensation Act 1985.
(3)There is to be paid into the WorkCover Authority Fund out of the Consolidated Fund, which is to the necessary extent appropriated accordingly—
(a)the amounts to be reimbursed under subsection (1); and
(b)the amount of any payments under subsection (2).
__________________".
5Section 110 repealed
Section 110 of the Corrections Act 1986 is repealed.
6New section 118 inserted
After section 117 of the Corrections Act 1986 insert—
"118 Transitional provision—Justice Legislation Further Amendment Act 2009
Part 9D does not apply to a claim by a person referred to in section 110 (as in force immediately before its repeal) under the Accident Compensation Act 1985 that was made but not finalised before the commencement of section 4 of the Justice Legislation Further Amendment Act 2009. Section 110 (as in force before its repeal) continues to apply to that claim.".
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Part 3—Drugs, Poisons and Controlled Substances Act 1981
7Definitions
In section 4(1) of the Drugs, Poisons and Controlled Substances Act 1981 insert the following definitions—
"category 1 precursor chemical means a substance prescribed as a category 1 precursor chemical and—
(a)includes—
(i)any form of that substance, whether natural or synthetic; and
(ii)if specified in the regulations for that category 1 precursor chemical, the salts, derivatives and isomers of that substance and any salt of those derivatives and isomers;
(b)despite the definition of substance in this section, does not include that substance when contained in or mixed with another substance;
category 2 precursor chemical means a substance prescribed as a category 2 precursor chemical and—
(a)includes—
(i)any form of that substance, whether natural or synthetic; and
(ii)if specified in the regulations for that category 2 precursor chemical, the salts, derivatives and isomers of that substance and any salt of those derivatives and isomers;
(b)despite the definition of substance in this section, does not include that substance when contained in or mixed with another substance;
category 3 precursor apparatus means an item or class of item prescribed as a category 3 precursor apparatus;
date of supply, in Part VB, means the date a category 1 precursor chemical, a category 2 precursor chemical or a category 3 precursor apparatus, as the case requires, leaves the premises of the person who supplied it;
end user declaration means a declaration required for the purposes of section 80J, 80L or 80M, as the case requires;
sufficient proof of identity of receiver, for the purposes of Part VB, means proof of identity provided by one of the following—
(a)a driver licence issued under the Road Safety Act 1986, or a licence issued in another State or a Territory that is the equivalent of a driver licence, that displays a photograph of the person; or
(b)an Australian passport or a foreign passport; or
(c)a proof of age card issued under the Liquor Control Reform Act 1998 or a card issued in another State or a Territory that is the equivalent of a proof of age card;".
8New Part VB inserted
After Part VA of the Drugs, Poisons and Controlled Substances Act 1981 insert—
"Part VB—Precursor Chemicals and Apparatus
Division 1—Preliminary
80IApplication of Part
This Part does not apply to—
(a)the supply by retail of a retail product containing a precursor chemical;
(b)therapeutic goods within the meaning of the Therapeutic Goods (Victoria) Act 1994 which are prescribed to be exempt (in whole or in part) from this Part;
(c)the supply of a precursor chemical, or class of precursor chemical, which is prescribed to be exempt (in whole or in part) from this Part.
Division 2—Category 1 precursor chemicals
80JSupply of category 1 precursor chemicals
(1)Subject to subsection (2), a person (the supplier) must not supply a category 1 precursor chemical to another person (the receiver) unless the receiver—
(a)provides sufficient proof of identity of receiver to the supplier; and
Note
See definition of sufficient proof of identity of receiver in section 4(1).
(b)has an account with the supplier through which the receiver pays for the supply of category 1 precursor chemicals; and
(c)gives the supplier an end user declaration containing the prescribed particulars.
Penalty:In the case of a natural person, 30 penalty units;
In the case of a body corporate, 150 penalty units.
(2)A person must not supply a category 1 precursor chemical under subsection (1) unless at least 24 hours have passed since the receiver complied with the requirements set out in subsection (1).
Penalty:In the case of a natural person, 30 penalty units;
In the case of a body corporate, 150 penalty units.
80KStorage of category 1 precursor chemicals
(1)A person who supplies category 1 precursor chemicals must ensure that any category 1 precursor chemicals in that person's control, custody or possession are stored in a manner that prevents any access to it by a person other than—
(a)the person who supplies the category 1 precursor chemicals; and
(b)any person authorised in writing to have access to the category 1 precursor chemicals by the person referred to in paragraph (a).
Penalty:In the case of a natural person, 20 penalty units;
In the case of a body corporate, 100 penalty units.
(2)A person who supplies any category 1 precursor chemical must keep each authorisation referred to in subsection (1)(b) for at least 2 years after the expiry of the authorisation.
Penalty:In the case of a natural person, 20 penalty units;
In the case of a body corporate, 100 penalty units.
Division 3—Category 2 precursor chemicals and category 3 precursor apparatus
80LSupply of category 2 precursor chemicals
A person (the supplier) must not supply a category 2 precursor chemical to another person (the receiver) unless the receiver—
(a)provides sufficient proof of identity of receiver to the supplier; and
Note
See definition of sufficient proof of identity of receiver in section 4(1).
(b)either—
(i)has an account with the supplier through which the receiver pays for the supply of category 2 precursor chemicals; or
(ii)if cash is used, gives the supplier an end user declaration containing the prescribed particulars.
Penalty:In the case of a natural person, 30 penalty units;
In the case of a body corporate, 150 penalty units.
80MSupply of category 3 precursor apparatus
A person (the supplier) must not supply a category 3 precursor apparatus to another person (the receiver) unless the receiver—
(a)provides sufficient proof of identity of receiver to the supplier; and
Note
See definition of sufficient proof of identity of receiver in section 4(1).
(b)either—
(i)has an account with the supplier through which the receiver pays for the supply of category 3 precursor apparatus; or
(ii)if cash is used, gives the supplier an end user declaration containing the prescribed particulars.
Penalty:In the case of a natural person, 30 penalty units;
In the case of a body corporate, 150 penalty units.
Division 4—Transaction records
80NEnd user declarations to be kept
(1)A person who supplies any category 1 precursor chemical must keep each end user declaration given to the person under section 80J for at least 5 years after the relevant date of supply to which the end user declaration relates.
Penalty:In the case of a natural person, 20 penalty units;
In the case of a body corporate, 100 penalty units.
(2)A person who supplies any category 2 precursor chemical must keep each end user declaration given to the person under section 80L(b)(ii) for at least 2 years after the relevant date of supply to which the end user declaration relates.
Penalty:In the case of a natural person, 20 penalty units;
In the case of a body corporate, 100 penalty units.
(3)A person who supplies any category 3 precursor apparatus must keep each end user declaration given to the person under section 80M(b)(ii) for at least 2 years after the relevant date of supply to which the end user declaration relates.
Penalty:In the case of a natural person, 20 penalty units;
In the case of a body corporate, 100 penalty units.
80ORecord of supply—category 1 precursor chemical
(1)A person who supplies any category 1 precursor chemical must make an accurate record of the supply setting out the following details—
(a)the date of supply; and
(b)the name and quantity of the category 1 precursor chemical supplied; and
(c)any other prescribed details (if any).
Penalty:In the case of a natural person, 20 penalty units;
In the case of a body corporate, 100 penalty units.
(2)A person who supplies any category 1 precursor chemical must keep each record made under subsection (1) for a period of at least 5 years from date of supply of the relevant category 1 precursor chemical to which the record relates.
Penalty:In the case of a natural person, 20 penalty units;
In the case of a body corporate, 100 penalty units.
80PRecord of supply—category 2 precursor chemical
(1)A person who supplies any category 2 precursor chemical must make an accurate record of the supply setting out the following details—
(a)unless the receiver gives an end user declaration, the name and address of the person to whom the category 2 precursor chemical was supplied; and
(b)the date of supply; and
(c)the name and quantity of the category 2 precursor chemical supplied; and
(d)any other prescribed details (if any).
Penalty:In the case of a natural person, 20 penalty units;
In the case of a body corporate, 100 penalty units.
(2)A person who supplies any category 2 precursor chemical must keep each record made under subsection (1) for at least 2 years after the date of supply of the relevant category 2 precursor chemical to which the record relates.
Penalty:In the case of a natural person, 20 penalty units;
In the case of a body corporate, 100 penalty units.
80QRecord of supply of category 3 precursor apparatus
(1)A person who supplies any category 3 precursor apparatus must make an accurate record of the supply setting out the following details—
(a)unless the receiver gives an end user declaration, the name and address of the person to whom the category 3 precursor apparatus was supplied; and
(b)the date of supply; and
(c)the name and quantity of the category 3 precursor apparatus supplied; and
(d)any other prescribed details (if any).
Penalty:In the case of a natural person, 20 penalty units;
In the case of a body corporate, 100 penalty units.
(2)A person who supplies any category 3 precursor apparatus must keep each record made under subsection (1) for at least 2 years after the date of supply of the relevant category 3 precursor apparatus to which the record relates.
Penalty:In the case of a natural person, 20 penalty units;
In the case of a body corporate, 100 penalty units.
80RPolice may inspect records
(1)Subject to subsection (4), a member of the police force, without warrant, at any time when the premises are open for business—
(a)may enter premises where category 1 precursor chemicals, category 2 precursor chemicals or category 3 precursor apparatus are supplied; and
(b)may inspect any records required to be kept under this Part which are at those premises.
(2)A member of the police force exercising a power under subsection (1) may require a person who supplies category 1 precursor chemicals, category 2 precursor chemicals or category 3 precursor apparatus to produce for inspection any records required to be kept under this Part.
(3)Without limiting subsection (2), if a document required to be produced under subsection (2) is or is part of a record kept in an electronically readable form, a member of the police force may require the document to be provided in a readily accessible form—
(a)electronically; or
(b)in a paper form produced from a computer.
(4)A member of the police force must show his or her identification before exercising a power under this section, unless that member is in police uniform.
(5)This section does not limit or prevent the exercise of any other inspection power or enforcement power under this Act or the regulations or any other law.
80SOffence not to produce records
A person must comply with a requirement under section 80R to produce a record required to be kept under this Part.
Penalty:In the case of a natural person, 20 penalty units;
In the case of a body corporate, 100 penalty units.
__________________".
9Regulations
(1)After section 132(zcb) of the Drugs, Poisons and Controlled Substances Act 1981 insert—
"(zcc)without limiting this section, for the purposes of Part VB, prescribing—
(i)category 1 precursor chemicals;
(ii)category 2 precursor chemicals;
(iii)category 3 precursor apparatus;
(iv)any other matter or thing required to be prescribed for the purposes of that Part;".
(2)In section 132B of the Drugs, Poisons and Controlled Substances Act 1981—
(a)in paragraph (f) for "any person." substitute "any person; and";
(b)after paragraph (f) insert—
"(g)may exempt specified persons or things or classes of person or classes of thing from complying with all or any of the regulations, whether unconditionally or on specified conditions and either wholly or to such an extent as is specified.".
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Part 4—Family Violence Protection Act 2008
10No effect on ownership rights
In section 88 of the Family Violence Protection Act 2008, after "inclusion" insert "under section 86".
11Effect of seizure of firearm, weapon or other article if final order made against person
(1)In the heading to section 164 of the Family Violence Protection Act 2008, before "seizure" insert "surrender or".
(2)In sections 164(1) and (2) of the Family Violence Protection Act 2008, before "seized" (wherever occurring) insert "surrendered under section 158 or".
(3)In section 164(3)(b) of the Family Violence Protection Act 2008, before "is subject to" insert "the article".
12Effect of seizure of firearm, weapon or other article if no final order etc.
(1)In the heading to section 165 of the Family Violence Protection Act 2008, before "seizure" insert "surrender or".
(2)In section 165(1)(a) of the Family Violence Protection Act 2008, before "seized" insert "surrendered under section 158 or".
(3)For section 165(1)(b) of the Family Violence Protection Act 2008 substitute—
"(b)either—
(i)a final order is not made against the person; or
(ii)an application for a family violence intervention order or a family violence safety notice against the person is not made within a reasonable time; and
(c)the firearm, weapon or other article is not otherwise required as evidence in further proceedings under this Act or another Act; and
(d)the firearm, weapon or other article is not subject to forfeiture after a proceeding for an offence under this Act or another Act.".
(4)In section 165(2) of the Family Violence Protection Act 2008, before "seized" insert "surrendered or".
13Order declaring a person to be a vexatious litigant
In section 193(3) of the Family Violence Protection Act 2008—
(a)in paragraph (b), for "order; and" substitute "order.";
(b)omit paragraph (c).
14New section 197A inserted
After section 197 of the Family Violence Protection Act 2008 insert—
"197A Notice of order to be given to Attorney-General
(1)If the court makes an order under section 193 or 197, the appropriate registrar must give a copy of the order to the Attorney-General.
(2)The order must include or be accompanied by a statement of the court's reasons for the decision.".
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Part 5—Firearms Act 1996
15Persons from whom a dealer can acquire firearms
After section 93(4)(c) of the Firearms Act 1996 insert—
"(ca)a member of staff of the Office of Police Integrity who is—
(i)exempted by this Act from the requirement to have a licence in order to possess, carry or use firearms; and
(ii)authorised under section 103A of the Police Integrity Act 2008 to acquire or dispose of firearms;".
16Persons to whom a dealer can dispose of firearms
After section 94(4)(c) of the Firearms Act 1996 insert—
"(ca)a member of staff of the Office of Police Integrity who is—
(i)exempted by this Act from the requirement to have a licence in order to possess, carry or use firearms; and
(ii)authorised under section 103A of the Police Integrity Act 2008 to acquire or dispose of firearms;".
17Offence to acquire a firearm without a permit
After section 102(4) of the Firearms Act 1996 insert—
"(4A)Subsections (1), (2) and (2A) do not apply to a member of staff of the Office of Police Integrity who is authorised under section 103A of the Police Integrity Act 2008 to acquire or dispose of firearms.".
18Offence not to produce firearm for inspection
At the end of section 120 of the Firearms Act 1996 insert—
"(2)This section does not apply in respect of a firearm registered in the name of the Director, Police Integrity.".
19Offence to carry or use a firearm in certain places
After section 130(2)(a) of the Firearms Act 1996 insert—
"(ab)any member of staff of the Office of Police Integrity when acting in the course of his or her official duties and when so authorised by the Director, Police Integrity under Division 9 of Part 4 of the Police Integrity Act 2008; or".
20Offence to possess, carry or use a firearm on private property without consent
After section 131(3)(a) of the Firearms Act 1996 insert—
"(ab)any member of staff of the Office of Police Integrity when acting in the course of his or her official duties and when so authorised by the Director, Police Integrity under Division 9 of Part 4 of the Police Integrity Act 2008; or".
21Non-prohibited persons who are exempt from the requirement to hold a licence under Part 2
After item 14 in Schedule 3 to the Firearms Act 1996 insert—
15 Director, Police Integrity. When possessing or carrying firearms in the course of his or her official duties under Division 9 of Part 4 of the Police Integrity Act 2008.
__________________
Part 6—Police Integrity Act 2008
22Delegation by Director
(1)After section 21(2) of the Police Integrity Act 2008 insert—
"(2A)The Director, by instrument, may delegate to a senior investigator—
(a)a power under section 24 (disclosure of information to law enforcement agencies and corresponding authorities);
(b)a power under section 47 (power to require police to give information and documents and answer questions)—
if the Director is of the opinion that the person has the ability to exercise satisfactorily the powers that are the subject of the delegation.
(2B)A delegation under subsection (2) to a former Judge of the Supreme Court or the County Court does not affect any pension or other rights or privileges that person has as a former Judge.".
(2)In section 21(3) of the Police Integrity Act 2008 insert the following definition—
"senior investigator means a relevant person who is authorised in writing by the Director as a senior investigator;".
23Definitions
In section 30 of the Police Integrity Act 2008 insert the following definition—
"approved health professional has the same meaning as it has in the Road Safety Act 1986;".
24Testing of members of OPI personnel in certain circumstances
(1)In section 31(2)(c) of the Police Integrity Act 2008, after "practitioner" insert "or an approved health professional".
(2)In section 31(4) of the Police Integrity Act 2008—
(a)after "registered medical practitioner" insert "or an approved health professional"; and
(b)after "the practitioner" (wherever occurring) insert "or health professional".
25Confidentiality of witness summons
In section 58(1)(b) of the Police Integrity Act 2008, for "document" substitute "summons".
26Person held in custody
(1)In section 86(1) of the Police Integrity Act 2008, for "investigation" substitute "examination".
(2)In section 86(2) of the Police Integrity Act 2008, for "section" substitute "Division".
27Power to seize documents or things at public authority premises
Section 89(2) of the Police Integrity Act 2008 is repealed.
28Privilege claims in relation to search warrants
For section 99(6) of the Police Integrity Act 2008 substitute—
"(6)In this section—
privilege means—
(a)legal professional privilege (other than legal professional privilege of a public authority or a public officer); or
(b)public interest immunity; or
(c)parliamentary privilege.".
29Authority to possess, carry and use defensive equipment
(1)In the heading to section 102 of the Police Integrity Act 2008, after "equipment" insert "for investigative purposes".
(2)In section 102(1) of the Police Integrity Act 2008, for "an investigation" substitute "investigations".
(3)In section 102(2)(a) of the Police Integrity Act 2008, for "the investigation" substitute "investigations".
(4)After section 102(2) of the Police Integrity Act 2008 insert—
"(2A)The Director may authorise a member under subsection (1) only if the Director is satisfied that the member has completed an appropriate course of training in the use of defensive equipment.".
(5)After section 102(3) of the Police Integrity Act 2008 insert—
"(3A)A member of staff of the Office of Police Integrity who is authorised under this section may also possess, carry and use the defensive equipment whilst engaged in training or educational exercises relating to the use of that equipment provided the member is under the control and supervision of appropriately qualified training personnel.".
(6)For section 102(5) of the Police Integrity Act 2008 substitute—
"(5)A member of staff of the Office of Police Integrity who is authorised under this section must—
(a)comply with any conditions to which the authorisation is subject; and
(b)ensure that any defensive equipment to which the authorisation relates is returned to a person who is authorised under section 102B.".
30New sections 102A and 102B inserted
After section 102 of the Police Integrity Act 2008 insert—
"102A Authority to possess, carry and use defensive equipment for training purposes
(1)The Director, by instrument, may authorise a member of staff of the Office of Police Integrity to possess, carry and use defensive equipment for the purposes of—
(a)providing or receiving training or educational exercises relating to the use of that equipment; and
(b)testing and maintaining that equipment.
(2)An authorisation under this section must specify the type of defensive equipment to which it applies.
(3)The Director may make an authorisation under this section subject to any conditions the Director considers appropriate.
(4)A member of staff of the Office of Police Integrity who is authorised under this section must comply with any conditions to which the authorisation is subject.
102BAuthority to acquire, store and maintain defensive equipment
(1)The Director, by instrument, may authorise a member of staff of the Office of Police Integrity to possess and carry defensive equipment for the purposes of—
(a)purchasing or acquiring that equipment; and
(b)maintaining that equipment; and
(c)issuing that equipment; and
(d)accepting the return of that equipment from a person authorised under this Division to possess that equipment; and
(e)storing that equipment.
(2)An authorisation under this section must specify the type of defensive equipment to which it applies.
(3)The Director may make an authorisation under this section subject to any conditions the Director considers appropriate.
(4)A member of staff of the Office of Police Integrity who is authorised under this section must—
(a)comply with any conditions to which the authorisation is subject; and
(b)ensure that any defensive equipment to which the authorisation relates is safely and securely stored when it is returned from the possession of a person authorised under this Division.".
31Authority to possess, carry and use firearms
(1)In the heading to section 103 of the Police Integrity Act 2008, after "firearms" insert "for investigative purposes".
(2)In section 103(1) of the Police Integrity Act 2008, for "an investigation" substitute "investigations".
(3)In section 103(2)(a) of the Police Integrity Act 2008, for "the investigation" substitute "investigations".
(4)After section 103(2) of the Police Integrity Act 2008 insert—
"(2A)The Director may authorise a member under subsection (1) only if the Director is satisfied that the member has completed an appropriate course of training in the use of such a firearm.".
(5)After section 103(3) of the Police Integrity Act 2008 insert—
"(3A)A member of staff of the Office of Police Integrity who is authorised under this section may also possess, carry and use a firearm whilst engaged in training or educational exercises relating to the use of firearms provided the member is under the control and supervision of appropriately qualified training personnel.".
32New sections 103A to 103F inserted
After section 103 of the Police Integrity Act 2008 insert—
"103A Authority to acquire, dispose of, store and maintain firearms
(1)The Director may authorise a member of staff of the Office of Police Integrity to—
(a)acquire or dispose of a firearm on behalf of the Director; and
(b)possess and carry firearms for the purposes of—
(i)acquiring or disposing of firearms; and
(ii)maintaining firearms; and
(iii)storing firearms.
(2)The authorisation must—
(a)be in writing on a letterhead of the Office of Police Integrity; and
(b)be signed by the Director; and
(c)state the type of firearm to which it applies.
(3)The Director may make an authorisation under this section subject to any conditions the Director considers appropriate.
(4)A member of staff of the Office of Police Integrity who is authorised under this section must comply with any conditions to which the authorisation is subject.
(5)A firearm acquired under this section is taken to be acquired by the Director and is to be registered under the Firearms Act 1996 in the name of the Director.
103BAuthority to possess, carry and use firearms for training purposes
(1)The Director, by instrument, may authorise a member of staff of the Office of Police Integrity to possess, carry and use firearms for the purposes of—
(a)providing or receiving training or educational exercises relating to the use of firearms; and
(b)testing and maintaining the firearms.
(2)An authorisation under this section must specify the type of firearm to which it applies.
(3)The Director may make an authorisation under this section subject to any conditions the Director considers appropriate.
(4)A member of staff of the Office of Police Integrity who is authorised under this section must comply with any conditions to which the authorisation is subject.
103CDirector to notify Chief Commissioner of acquisition or disposal
Within 7 days of acquiring, or disposing of, a firearm, the Director must notify the Chief Commissioner of Police, in writing, of the make, type, calibre, action and serial number of the firearm.
103DStorage of firearms
(1)The Director must ensure that a firearm acquired under an authorisation under section 103A is stored—
(a)in the case of a category A or B longarm, in accordance with clause 1(1) and (2) of Schedule 4 to the Firearms Act 1996;
(b)in the case of a category C or D longarm or a general category handgun, in accordance with clause 2(1), (2) and (2A) of Schedule 4 to the Firearms Act 1996, as if the reference to the holder of the licence were a reference to a member of staff of the Office of Police Integrity authorised under section 103A.
(2)A member of staff of the Office of Police Integrity, who is authorised under section 103, 103A or 103B to possess, carry or use a firearm, must ensure that, if the firearm is not stored at premises occupied by the Office of Police Integrity, it is stored—
(a)in the case of a category A or B longarm, in accordance with clause 1(1) and (2) of Schedule 4 to the Firearms Act 1996;
(b)in the case of a category C or D longarm or a general category handgun, in accordance with clause 2(1), (2) and (2A) of Schedule 4 to the Firearms Act 1996, as if the reference to the holder of the licence were a reference to the member of staff.
(3)In this section, category A longarm, category B longarm, category C longarm, category D longarm and general category handgun have the meanings given in the Firearms Act 1996.
103EStorage of cartridge ammunition
(1)The Director must ensure that any cartridge ammunition acquired under section 103A is stored—
(a)in the case of cartridge ammunition for a category A or B longarm, in accordance with clause 1(3) of Schedule 4 to the Firearms Act 1996;
(b)in the case of cartridge ammunition for a category C or D longarm or a general category handgun, in accordance with clause 2(3) of Schedule 4 to the Firearms Act 1996.
(2)A member of staff of the Office of Police Integrity, who is authorised under section 103, 103A or 103B to possess, carry or use a firearm, must ensure that, if any cartridge ammunition is not stored at premises occupied by the Office of Police Integrity, it is stored—
(a)in the case of cartridge ammunition for a category A or B longarm, in accordance with clause 1(3) of Schedule 4 to the Firearms Act 1996;
(b)in the case of cartridge ammunition for a category C or D longarm or a general category handgun, in accordance with clause 2(3) of Schedule 4 to the Firearms Act 1996.
(3)In this section, category A longarm, category B longarm, category C longarm, category D longarm, general category handgun and cartridge ammunition have the meanings given in the Firearms Act 1996.
103FRequirement to notify Chief Commissioner of loss etc.
The Director must notify the Chief Commissioner of Police of the loss, theft or destruction of any firearm acquired by the Director within 24 hours after becoming aware of that loss, theft or destruction.".
33Amendment to Schedule 1
In Schedule 1 to the Police Integrity Act 2008, in clause 8(1), for "86N" substitute "86NA".
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Part 7—Sex Offenders Registration Act 2004
Division 1—Chief Commissioner may apply for suspension of reporting obligations
34Supreme Court may exempt certain registrable offenders
In section 39 of the Sex Offenders Registration Act 2004, for "This Division" substitute "This section".
35New section 39A inserted
After section 39 of the Sex Offenders Registration Act 2004 insert—
"39A Chief Commissioner may apply for exemption from reporting obligations
The Chief Commissioner may at any time apply to the Supreme Court for an order suspending the reporting obligations under this Part of a registrable offender.".
36Order for suspension
(1)After section 40(1) of the Sex Offenders Registration Act 2004 insert—
"(1A)On the application under section 39A, the Supreme Court may make an order suspending the registrable offender's reporting obligations for the period of time specified in the order (which may be the remainder of the offender's life).".
(2)In section 40(2) of the Sex Offenders Registration Act 2004, for "the order" substitute "an order under this section".
(3)In section 40(3) of the Sex Offenders Registration Act 2004, for "the order" substitute "an order under this section".
(4)At the end of section 40 of the Sex Offenders Registration Act 2004 insert—
"(4)In deciding whether to make an order under subsection (1), the Court must also take into account any submissions made by the Chief Commissioner under section 41.
(5)In deciding whether to make an order under subsection (1A), the Court must also take into account any evidence presented by the Chief Commissioner as to the risk that the registrable offender presents to the sexual safety of one or more persons or the community.".
37New section 35A inserted
After section 35 of the Sex Offenders Registration Act 2004 insert—
"35A Reporting period to run during suspension
If the Supreme Court grants a suspension order under section 40(1A) in respect of a registrable offender who is not required to continue to comply with the reporting obligations imposed by this Part for the remainder of his or her life, the period of suspension of the registrable offender's reporting period is counted when calculating the remainder of that reporting period.".
38Restriction on right of unsuccessful applicant to re-apply for order
In section 43 of the Sex Offenders Registration Act 2004, for "this Division" substitute "section 40(1)".
39New section 44A inserted
After section 44 of the Sex Offenders Registration Act 2004 insert—
"44A Chief Commissioner may apply for revocation of exemption order
(1)The Chief Commissioner may apply to the Supreme Court for the revocation of an order granted under section 40(1A) on the ground that the circumstances in which that order was sought have materially changed.
(2)The order under section 40(1A) ceases to have effect on the making of an order under subsection (1).".
40Application for new order
(1)After section 45(1) of the Sex Offenders Registration Act 2004 insert—
"(1A)If an order ceases to have effect in accordance with section 44(1), the Chief Commissioner may apply under this Division for a new order.".
(2)In section 45(3) of the Sex Offenders Registration Act 2004, for "this Division" substitute "section 39(2)".
Division 2—Application of sex offender registration orders to juvenile offenders
41Sex offender registration order
After section 11(2) of the Sex Offenders Registration Act 2004 insert—
"(2A)If a court finds a person guilty of an offence committed as a child that is not a Class 1 or 2 offence (including a Class 3 or 4 offence) it may order that the person comply with the reporting obligations of this Act.".
Division 3—Additional personal details to be provided by registrable offenders
42Initial report by registrable offender of personal details
(1)After section 14(1)(dc) of the Sex Offenders Registration Act 2004 insert—
"(dd)any—
(i)Internet user names; or
(ii)instant messaging user names; or
(iii)chat room user names; or
(iv)other user name or identity—
used or intended to be used by the registrable offender through the Internet or other electronic communication service;".
(2)In section 14(1)(l) of the Sex Offenders Registration Act 2004, for "destinations of the travel." substitute "destinations of the travel;".
(3)After section 14(1) (l) of the Sex Offenders Registration Act 2004, insert—
"(m)the passport number and country of issue of each passport held by the registrable offender.".
(4)In section 17(1) of the Sex Offenders Registration Act 2004, for "A registrable offender", substitute "Subject to subsections (1A) and (1B), a registrable offender".
(5)In section 17(1) of the Sex Offenders Registration Act 2004, omit "(other than the personal details to which section 14(2)(b) or (2)(c) applies)".
(6)After section 17(1A) of the Sex Offenders Registration Act 2004 insert—
"(1B)A registrable offender must report to the Chief Commissioner of Police any change in his or her personal details to which section 14(1)(m) applies—
(a)within 14 days after that change occurs; or
(b)if the registrable offender intends to leave Victoria to travel out of Australia within 14 days after that change occurs, at least 7 days before leaving Victoria.".
Division 4—Change to the time period for reporting that a registrable offender has unsupervised contact with a child
43Registrable offender must report changes to relevant personal details
In section 17(1A) of the Sex Offenders Registration Act 2004, for "3 days" substitute "one day".
Division 5—Periods within which registrable offenders must report to police
44When the report must be made
(1)In the Table in section 12(1) of the Sex Offenders Registration Act 2004, for "28 days" (wherever occurring) substitute "7 days".
(2)In the Table in section 12(1) of the Sex Offenders Registration Act 2004, for "14 days" (where first occurring) substitute "7 days".
(3)In section 13(1) of the Sex Offenders Registration Act 2004, for "28 days" (wherever occurring) substitute "7 days".
(4)In section 13(2) of the Sex Offenders Registration Act 2004, for "28 days" (wherever occurring) substitute "7 days".
(5)In section 13(3) of the Sex Offenders Registration Act 2004, for "28 days" (wherever occurring) substitute "7 days".
(6)In section 13(4) of the Sex Offenders Registration Act 2004, for "14 days" substitute "7 days".
Division 6—Clarification of how reporting periods are calculated
45Length of reporting period
(1)For the note at the foot of section 34(1) of the Sex Offenders Registration Act 2004 substitute—
"Notes
1 If every registrable offence for which a person has been found guilty is committed when he or she is a child, the reporting period is reduced—see section 35. If one or more of the offences for which a person has ever been found guilty is committed when that person is an adult, the reporting periods specified in section 34 apply as if the Act did not contain section 35.
2 A life-long reporting obligation may be suspended under Division 6.".
(2)After section 34(1) of the Sex Offenders Registration Act 2004 insert—
"(1A)A reference in subsection (1) to an offence extends to an offence committed as a child.".
46Reduced period applies for juvenile registrable offenders
After section 35(2) of the Sex Offenders Registration Act 2004 insert—
"(3)This section does not apply if a person has committed a registrable offence as an adult in addition to an offence or offences committed as a child.".
Division 7—Police to provide information from the Register to Secretary
47Access to the Register to be restricted
After section 63(1A) of the Sex Offenders Registration Act 2004 insert—
"(1B)Despite subsection (1)(b), for the purposes of administering the Working with Children Act 2005, the Chief Commissioner of Police may notify the Secretary of the name (including any other name by which he or she is, or has previously been, known), date of birth and residential address or addresses of any registrable offender as stated in the Register.".
Division 8—Technical amendments
48Who is a registrable offender?
(1)In note 4 at the foot of section 6(1) of the Sex Offenders Registration Act 2004, omit "(other than a single class 2 offence for which he or she was not imprisoned or put under supervision)".
(2)In section 6(6)(b) of the Sex Offenders Registration Act 2004, omit "or (c)".
(3)Section 6(8) of the Sex Offenders Registration Act 2004 is repealed.
(4)The note at the foot of section 6(8) of the Sex Offenders Registration Act 2004 is repealed.
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Part 8—Stalking Intervention Orders Act 2008
49Effect of seizure of firearms if final order is made
(1)In the heading to section 41 of the Stalking Intervention Orders Act 2008—
(a)before "seizure" insert "surrender or";
(b)after "firearms" insert "or other articles".
(2)In section 41(1) of the Stalking Intervention Orders Act 2008—
(a)before "seized" (where first occurring) insert "surrendered under section 35 or";
(b)before "seized" (where secondly occurring) insert "surrendered or".
(3)After section 41(1) of the Stalking Intervention Orders Act 2008 insert—
"(1A)If an article other than one referred to in subsection (1) is seized from a person under section 37 and a final order has been or is made against the person, the article must be returned to the person unless—
(a)the article is required as evidence in further proceedings under this Act or another Act; or
(b)the article is subject to forfeiture after a proceeding for an offence under this Act or another Act.".
(4)In section 41(2) of the Stalking Intervention Orders Act 2008, after "ammunition" (wherever occurring) insert "or other article".
50Effect of seizure of firearm if no final order made
(1)In the heading to section 42 of the Stalking Intervention Orders Act 2008—
(a)before "seizure" insert "surrender or";
(b)after "firearm" insert "or other articles".
(2)In section 42(1)(a) of the Stalking Intervention Orders Act 2008, before "seized" insert "surrendered under section 35 or".
(3)For section 42(1)(b) of the Stalking Intervention Orders Act 2008 substitute—
"(b)either—
(i)a final order is not made against the person; or
(ii)an application for an intervention order is not made within a reasonable time; and
(c)the firearm, firearms authority or ammunition or other article is not otherwise required as evidence in further proceedings under this Act or another Act; and
(d)the firearm, firearms authority or ammunition or other article is not subject to forfeiture after a proceeding for an offence under this Act or another Act.".
(4)In section 42(2) of the Stalking Intervention Orders Act 2008, before "seized" insert "surrendered or".
51Bail on appearance to summons or arrest
For the heading to section 48 of the Stalking Intervention Orders Act 2008 substitute—
"Bail on arrest".
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Part 9—Amendments to Miscellaneous Acts and Repeal of Amending Act
Division 1—Control of Weapons Act 1990
52Identifying persons purchasing prohibited weapons
In section 5A(1) of the Control of Weapons Act 1990—
(a)in paragraph (b), for "category." substitute "category; or";
(b)after paragraph (b) insert—
"(c)in the case of a purchaser who is authorised under the Police Integrity Act 2008 to possess, carry and use defensive equipment (within the meaning of that Act), by means of that authorisation and the purchaser's photographic identification as a member of staff of the Office of Police Integrity.".
Division 2—Legal Aid Act 1978
53Functions and powers
After section 6(2) of the Legal Aid Act 1978 insert—
"(3)VLA may enter into arrangements to provide legal services on behalf of the Secretary to the Department of Justice—
(a)to applicants under section 76(1) of the Police Integrity Act 2008;
(b)to other persons.
(4)If an arrangement is entered into under subsection (3)(a), VLA may carry out the functions of the Secretary to the Department of Justice under section 76 of the Police Integrity Act 2008.
(5)An arrangement entered into under subsection (3)(b) requires the prior approval of the Attorney‑General.
(6)Parts V, VI, VIA, VIB and VII do not apply to the provision of legal services under an arrangement entered into under subsection (3).".
54Duties of the VLA
At the end of section 7 of the Legal Aid Act 1978 insert—
"(2)VLA must account separately for all money paid under an arrangement entered into under section 6(3) and that money is not payable to the Legal Aid Fund.".
Division 3—Liquor Control Reform Amendment (Enforcement) Act 2009
55Security cameras
In section 8 of the Liquor Control Reform Amendment (Enforcement) Act 2009, for proposed section 18B(2) substitute—
"(2)The regulations may prescribe the testing of the security cameras to ensure compliance with any standard referred to in subsection (1) including—
(a)prescribing any standard, rule, guideline, specification or method formulated for the testing of the security cameras;
(b)prescribing the times at which tests must be made;
(c)prescribing the persons or class of persons who are to carry out the tests.".
Division 4—Major Crime Legislation Amendment Act 2009
56Confidentiality of witness summons
In section 6 of the Major Crime Legislation Amendment Act 2009 in proposed section 20(8C), for "subsection (8E)" substitute "subsection (8F)".
57New section 11A inserted
After section 11 of the Major Crime Legislation Amendment Act 2009 insert—
"11A Court proceedings
In section 48 of the Major Crime (Investigative Powers) Act 2004—
(a)in the heading to the section, omit "Magistrates'";
(b)in subsection (1), for "the Magistrates' Court" substitute "a court";
(c)in subsection (2), for "the Magistrates' Court" (where first occurring) substitute "the court";
(d)in subsection (2), for "the Magistrates' Court" (where secondly occurring) substitute "a court".".
Division 5—Police Regulation Act 1958
58Definitions
In section 85A of the Police Regulation Act 1958 insert the following definition—
"approved health professional has the same meaning as in the Road Safety Act 1986;".
59Testing of members in certain circumstances
(1)In section 85B(2)(c) of the Police Regulation Act 1958, after "practitioner" insert "or an approved health professional".
(2)In section 85B(4) of the Police Regulation Act 1958—
(a)after "registered medical practitioner" insert "or an approved health professional"; and
(b)after "the practitioner" (wherever occurring) insert "or health professional".
Division 6—Road Safety Act 1986
60Evidence relating to prescribed detection devices
In section 83A(1) of the Road Safety Act 1986 for "in the prescribed form" substitute "containing the prescribed information".
61New sections inserted after section 103T
After section 103T of the Road Safety Act 1986 insert—
"103UDefinition
In sections 103V, 103W, 103X, 103Y and 103Z 2009 Act means the Road Legislation Amendment Act 2009.
103VTransitional provision 2009 Act—Section 79 evidence
Despite the commencement of section 25 of the 2009 Act, section 79 of this Act, as in force before that commencement, continues to apply to evidence of the speed of a motor vehicle or trailer that was indicated or determined before that commencement by a then prescribed speed measuring device.
103WTransitional provision 2009 Act —Section 80A evidence
Despite the commencement of section 27 of the 2009 Act, section 80A of this Act, as in force before that commencement, continues to apply to evidence of the fact that an unregistered vehicle was being driven at a particular time and place or that number plates were not being displayed at a particular time, being evidence that was indicated or determined before that commencement by a detection device then prescribed for the purposes of section 66.
103XTransitional provision 2009 Act—Section 81 evidence
Despite the commencement of section 28 of the 2009 Act, section 81 of this Act, as in force before that commencement, continues to apply to evidence of the speed at which a motor vehicle or trailer travelled, being evidence that was indicated or determined before that commencement by—
(a)a detection device then prescribed for the purposes of section 66; or
(b)an image or message produced by a detection device then prescribed for the purposes of section 66; or
(c)an image or message produced by a then prescribed process.
103YTransitional provision 2009 Act—Section 83 certificates
(1)In relation to a certificate issued under section 83 before the commencement of section 29 of the 2009 Act in respect of a device referred to in section 79, the following provisions apply—
(a)in respect of any criminal proceeding relating to an indication or determination by the device that occurred before that commencement, section 83, as in force before that commencement is taken to continue to apply;
(b)in respect of any criminal proceeding relating to an indication or determination by the device that occurred on or after that commencement, a reference in the certificate to a device referred to in section 79 (or to that effect) is to be taken to be a reference to—
(i)a prescribed road safety camera; or
(ii)a prescribed speed detector—
as the case so requires.
(2)In relation to any certificate issued under section 83 of the Act on or after the commencement of section 29 of the 2009 Act in respect of a device described in the certificate as—
(a)a road safety camera; or
(b)a speed detector—
if the device was tested and sealed before that commencement—
(c)the certificate has effect as if it were issued in respect of the device as a speed measuring device, within the meaning of the Act as in force before that commencement; and
(d)where the case so requires, a reference to the device for the purposes of any proceeding as—
(i)a road safety camera; or
(ii)a speed detector—
is taken to be a reference to the device as a speed measuring device within the meaning of the Act as in force before that commencement.
103ZTransitional provision 2009 Act—Section 83A certificates
(1)In relation to a certificate issued under section 83A before the commencement of section 30 of the 2009 Act—
(a)in respect of a detection device then prescribed for the purposes of section 66; and
(b)in respect of any proceeding under this Act to which subsection (2) does not apply—
section 83A, as in force before that commencement is taken to continue to apply.
(2)In relation to a certificate issued under section 83A before the commencement of section 30 of the 2009 Act—
(a)in respect of a detection device then prescribed for the purposes of section 66; and
(b)in respect of any proceeding under this Act in which evidence is being adduced under section 80; and
(c)where the proceeding relates to any indication or determination by the device—
where the case so requires, a reference in the certificate to a device prescribed for the purposes of section 66 (or to that effect) is taken to be a reference to a prescribed road safety camera.
(3)In relation to a certificate issued under section 83A on or after the commencement of section 30 of the 2009 Act—
(a)in respect of a device described in the certificate as a prescribed road safety camera; and
(b)in respect of an indication or determination by the device that occurred before that commencement—
where the case so requires, the certificate has effect as if it were issued in respect of the device as a device prescribed for the purposes of section 66, within the meaning of the Act as in force before that commencement.".
Division 7—Witness Protection Act 1991
62Notice of involuntary termination, review and appeal
In section 17(6) of the Witness Protection Act 1991, for "72 hours" substitute "14 days".
Division 8—Working with Children Act 2005
63Re-assessment
(1)In section 21(1)(c) of the Working with Children Act 2005, for "dealt with." substitute "dealt with; or".
(2)After section 21(1)(c) of the Working with Children Act 2005 insert—
"(d)if notified by any Commonwealth, State or Territory law enforcement agency (or other organisation acting on behalf of a Commonwealth, State or Territory law enforcement agency) of a charge or of how a charge has been finally dealt with.".
(3)After section 21(1) of the Working with Children Act 2005 insert—
"(1A)For the purposes of subsection (1), State means a State of the Commonwealth.".
Division 9—Repeal of Amending Act
64Repeal of amending Act
This Act is repealed on 1 March 2011.
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: 11 August 2009
Legislative Council: 3 September 2009
The long title for the Bill for this Act was "A Bill for an Act to amend the Control of Weapons Act 1990, the Corrections Act 1986, the Drugs, Poisons and Controlled Substances Act 1981, the Family Violence Protection Act 2008, the Firearms Act 1996, the Legal Aid Act 1978, the Liquor Control Reform Amendment (Enforcement) Act 2009, the Major Crime Legislation Amendment Act 2009, the Police Integrity Act 2008, the Police Regulation Act 1958, the Road Safety Act 1986, the Sex Offenders Registration Act 2004, the Stalking Intervention Orders Act 2008, the Witness Protection Act 1991 and the Working with Children Act 2005 and for other purposes."
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