Untitled document
Justice Legislation Amendment Act 2009
No. 25 of 2009
table of provisions
Section Page
Part 1—Preliminary
1Purposes
2Commencement
Part 2—Search Warrants
Division 1—Amendment of the Crimes Act 1958
3Search for stolen goods
4Offences connected with explosive substances
5Issue of search warrant by magistrate
Division 2—Amendment of the Drugs, Poisons and Controlled Substances Act 1981
6Warrant to search premises etc.
7Schedule Ten amended
Division 3—Amendment of the Firearms Act 1996
8Definitions
9Warrants to search premises
10Announcement before entry
11Copy of warrant to be given to occupier
Division 4—Amendment of the Gambling Regulation Act 2003
12New definitions inserted
13Repeal of definitions
14Search warrants
15Announcement before entry
16Copy of warrant to be given to occupier
17New section 10.5.14A inserted
10.5.14ASearch and seizure powers under section 2.6.2 not affected
Division 5—Amendment of the Magistrates' Court Act 1989
18Authority conferred by search warrant
Division 6—Amendment of the Police Integrity Act 2008
19New definitions inserted
20Powers with search warrant
21Procedure for executing warrant
Division 7—Amendment of the Police Regulation Act 1958
22New definitions inserted
23Entry, search and seizure
24Search warrant
25Announcement before entry
26Details of warrant to be given to occupier
Division 8—Amendment of the Prostitution Control Act 1994
27Definition
28Search warrants
29Announcement before entry
30New section 61NA inserted
61NADetails of warrant to be given to person in charge of vehicle
31Embargo notice
32Requirement to assist inspector during entry
33Entry to unlicensed premises—search warrant
Division 9—Amendment of the Surveillance Devices Act 1999
34Definitions
35Search warrant
36Announcement before entry
37New section 35A inserted
35ACopy of warrant to be given to person in charge of vehicle or person searched
Part 3—Amendment of Children, Youth and Families Act 2005
38Children, Youth and Families Act 2005—Repeal of Koori Court (Criminal Division) sunset provisions
Part 4—Other Amendments to the Gambling Regulation Act 2003
39Penalty on persons advertising as to betting
40New section 2.5.14A inserted
2.5.14ADefinition
41Exceptions
42Application for registration as bookmaker
43Determination of application for registration as bookmaker
44New section 4.5A.10A inserted
4.5A.10AResponsible Gambling Code of Conduct is a condition of registration for a bookmaker
45Conditions of registration
46Amendment of conditions
47Disciplinary action against registered bookmaker or bookmaker's key employee
48New section 4.7.1AA inserted
4.7.1AADefinitions
49New sections 4.7.8, 4.7.9 and 4.7.10 inserted
4.7.8Appropriate advertising standards required
4.7.9Prescribed statement to be included in advertisements
4.7.10Offence to offer inducement to open betting account
50Definition
51Transitional
Part 23—Justice Legislation Amendment Act 2009
23.1Definition
23.2Bookmaker's registration
52Statute law revision
Part 5—Amendment of the Terrorism (Community Protection) Act 2003
53Annual reports
Part 6—Repeal of Amending Act
54Repeal of this Act
═══════════════
Endnotes
Justice Legislation Amendment Act 2009
No. 25 of 2009
[Assented to 17 June 2009]
The Parliament of Victoria enacts:
Part 1—Preliminary
1Purposes
The main purposes of this Act are—
(a)to amend various Acts to provide that search warrants issued under those Acts may be issued in relation to particular vehicles located in public places; and
(b)to amend the Drugs, Poisons and Controlled Substances Act 1981 to provide that any member of the police force may execute a search warrant directed to a named member of the police force; and
(c)to amend the Gambling Regulation Act 2003—
(i)to provide for further restrictions and exemptions in relation to gambling advertising; and
(ii)to require registered bookmakers to have a Responsible Gambling Code of Conduct; and
(d)to repeal provisions of the Children, Youth and Families Act 2005 to enable the continued operation of the Koori Court (Criminal Division); and
(e)to amend the Terrorism (Community Protection) Act 2003 in relation to the annual reporting requirements under that Act.
2Commencement
(1)This Act (except Part 2) comes into operation on the day after the day on which this Act receives the Royal Assent.
(2)Subject to subsection (3), Part 2 comes into operation on a day or days to be proclaimed.
(3)If a provision of Part 2 does not come into operation before 1 October 2009, it comes into operation on that day.
__________________
Part 2—Search Warrants
Division 1—Amendment of the Crimes Act 1958
3Search for stolen goods
(1)For section 92(1) of the Crimes Act 1958 substitute—
"(1)If a magistrate is satisfied by evidence on oath or by affidavit that there is reasonable cause to believe that any person has—
(a)in the custody or possession of the person; or
(b)on any premises (including any vehicle on or in those premises) of the person; or
(c)on or in a particular vehicle located in a public place—
any stolen goods, the magistrate may grant a warrant to search for and seize those goods.
(1A)A warrant issued under subsection (1) must be addressed to a constable unless the warrant is issued under the authority of an enactment that expressly provides otherwise.".
(2)For section 92(3) of the Crimes Act 1958, substitute—
"(3)If under this section a person is authorised to search premises or a particular vehicle located in a public place for stolen goods, he or she may enter and search the premises or the vehicle accordingly, and may seize any goods the person believes to be stolen goods.".
(3)After section 92(4) of the Crimes Act 1958, insert—
"(5)In this section—
public place has the same meaning as it has in section 3 of the Summary Offences Act 1966;
vehicle includes motor vehicle, aircraft and vessel.".
4Offences connected with explosive substances
(1)In section 317(1) of the Crimes Act 1958—
(a)in paragraph (c) of the definition of explosive substance, for "implement." substitute "implement;";
(b)insert the following definitions—
"public place has the same meaning as it has in section 3 of the Summary Offences Act 1966;
vehicle includes motor vehicle, aircraft and vessel.".
(2)In section 317(9)(a) of the Crimes Act 1958—
(a)for "or place mentioned in the warrant," substitute "or place (including any vehicle on or in the premises or place) mentioned in the warrant, or a particular vehicle mentioned in the warrant located in a public place,";
(b)for "or place" (where secondly occurring) substitute ", place or vehicle";
(c)after "place," insert "or on or in the vehicle,".
(3)In section 317(9)(b) of the Crimes Act 1958, after "premises" insert "or on or in the vehicle in the public place".
5Issue of search warrant by magistrate
(1)In section 465(1) of the Crimes Act 1958—
(a)for "any building, receptacle or place" substitute "any building (including any vehicle in that building), receptacle or place (including any vehicle on or in that place) or on or in a particular vehicle located in a public place";
(b)for "or place" (where secondly occurring) substitute ", place or vehicle".
(2)After section 465(4) of the Crimes Act 1958 insert—
"(5)In this section—
public place has the same meaning as it has in section 3 of the Summary Offences Act 1966;
vehicle includes motor vehicle, aircraft and vessel.".
Division 2—Amendment of the Drugs, Poisons and Controlled Substances Act 1981
6Warrant to search premises etc.
(1)In section 81(1) of the Drugs, Poisons and Controlled Substances Act 1981—
(a)after "land or premises" (where first occurring) insert "(including any vehicle on or in that land or those premises), or on or in a particular vehicle located in a public place";
(b)for "land or premises" (where secondly occurring) substitute "land, premises or vehicle".
(2)After section 81(1) of the Drugs, Poisons and Controlled Substances Act 1981 insert—
"(1AA)A search warrant directed to a named member of the police force under subsection (1) may be executed by any member of the police force.".
(3)In section 81(1A) of the Drugs, Poisons and Controlled Substances Act 1981, for "the applicant" substitute "the member of the police force executing the warrant".
(4)In section 81(3) of the Drugs, Poisons and Controlled Substances Act 1981—
(a)for "A member of the police force to whom a warrant under subsection (1) is addressed" substitute "A member of the police force executing a warrant issued under subsection (1)";
(b)for paragraph (a) substitute—
"(a)enter, if need be by force—
(i)the land or premises named in the warrant, including any vehicle located on or in that land or those premises;
(ii)the particular vehicle named or described in the warrant located in a public place;";
(c)in paragraph (b), for "land or those premises" substitute "land, those premises or that vehicle".
(d)for paragraph (c) substitute—
"(c)search—
(i)the land or premises or any vehicle or any person found on or in that land or those premises or on or in any vehicle on or in that land or those premises;
(ii)a particular vehicle located in a public place or any person found on or in that vehicle; and".
(5)For section 81(4) of the Drugs, Poisons and Controlled Substances Act 1981 substitute—
"(4)A member of the police force who executes a warrant under this section must, as soon as practicable after the warrant is executed—
(a)endorse the warrant to that effect; and
(b)cause to be lodged with the registrar of the Magistrates' Court at the venue nearest to the land, premises or public place where the warrant was executed a report signed by the member and containing particulars of—
(i)all searches undertaken; and
(ii)all persons arrested; and
(iii)all things and documents seized and carried away; and
(iv)all samples taken; and
(v)all things destroyed or disposed of—
in execution of the warrant.".
(6)After section 81(5)(b) of the Drugs, Poisons and Controlled Substances Act 1981 insert—
"(ba)the owner of the vehicle located in a public place on which the warrant was executed; or".
(7)After section 81(6) of the Drugs, Poisons and Controlled Substances Act 1981 insert—
"(7)Nothing in this section affects the power of a member of the police force under section 82.
(8)In this section—
public place has the same meaning as it has in section 3 of the Summary Offences Act 1966;
vehicle includes motor vehicle, aircraft, boat and vessel.".
(8)In section 81A(1) of the Drugs, Poisons and Controlled Substances Act 1981 for "the person to whom that warrant was issued" substitute "the member of the police force who executed the warrant".
(9)In section 81B(1) of the Drugs, Poisons and Controlled Substances Act 1981 for "to whom the warrant was addressed" substitute "who executed the warrant".
7Schedule Ten amended
(1)In Schedule Ten to the Drugs, Poisons and Controlled Substances Act 1981 for the following words and expressions—
"that there *is in a certain
*are
*will be within the next 72 hours
land or
premises situate at *certain things
*or documents"substitute—
"that there *is on or in a certain
*are
*will be within the next 72 hours
*land or
*premises situate at or
*vehicle identified by
located in a public place *certain things
*certain documents".(2)In Schedule Ten to the Drugs, Poisons and Controlled Substances Act 1981, for the words and expressions beginning "*(1) to authorize you to enter and search" and ending "section 81 of the Drugs, Poisons and Controlled Substances Act 1981." substitute—
"*(1)to authorize you or any other member of the police force to enter and search the said *land or *premises or *specified vehicle located in a public place for the *things or *documents specified in this warrant and, if any of those *things or *documents be found, to seize and carry them before the Magistrates' Court so that the matter may be dealt with according to law or to destroy or dispose of them in accordance with section 81 of the Drugs, Poisons and Controlled Substances Act 1981.".
(3)In Schedule Ten to the Drugs, Poisons and Controlled Substances Act 1981, for the words and expressions beginning "*(2) in relation to a specified thing or a specified document" and ending "the Drugs, Poisons and Controlled Substances Act 1981." substitute—
"*(2)in relation to a specified thing or a specified document to which this warrant relates which is also tainted property within the meaning of the Confiscation Act 1997, to direct you or any other member of the police force to hold or retain that thing or document as if it were tainted property seized under a warrant under section 79 of that Act as and from the date when that thing or document is no longer required for evidentiary purposes under the Drugs, Poisons and Controlled Substances Act 1981.".
(4)In the Note in Schedule Ten to the Drugs, Poisons and Controlled Substances Act 1981—
(a)after "is addressed" insert "or any other member of the police force";
(b)for paragraph (a) substitute—
"(a)enter, if need be by force, the land or premises or specified vehicle located in a public place named in the warrant; and";
(c)in paragraph (b), after "those premises" insert "or on or in that vehicle";
(d)for paragraph (c) substitute—
"(c)search—
(i)the land or premises or any vehicle or any person found on or in that land or those premises or any person found on or in any vehicle on or in that land or those premises;
(ii)the specified vehicle located in a public place or any person found on or in that vehicle; and".
Division 3—Amendment of the Firearms Act 1996
8Definitions
In section 3(1) of the Firearms Act 1996—
(a)in paragraph (d) of the definition of term of imprisonment, for "centre." substitute "centre;";
(b)insert the following definitions—
"public place has the same meaning as it has in section 3 of the Summary Offences Act 1966;
vehicle includes motor vehicle, aircraft and vessel.".
9Warrants to search premises
(1)In section 146(1) of the Firearms Act 1996, after "premises" insert "(including any vehicle on or in those premises) or a particular vehicle located in a public place".
(2)In section 146(2)(a) of the Firearms Act 1996, after "warrant" insert "or the vehicle named or described in the warrant that is located in a public place".
(3)In section 146(3)(b) of the Firearms Act 1996 after "the premises" insert "or vehicle located in a public place".
(4)After section 146(5) of the Firearms Act 1996 insert—
"(6)Nothing in this section or section 147 or 148 limits the power of a member of the police force under section 149.".
10Announcement before entry
(1)For section 147(1) of the Firearms Act 1996 substitute—
"(1)Before executing a search warrant, the member named in the warrant or person assisting must—
(a)announce that he or she is authorised by warrant to enter the premises or the vehicle located in a public place, as the case requires; and
(b)give any person at the premises or on or in the vehicle an opportunity to allow entry to the premises or the vehicle.".
(2)In section 147(2) of the Firearms Act 1996, after "premises" insert "or the vehicle".
11Copy of warrant to be given to occupier
(1)Insert the following heading to section 148 of the Firearms Act 1996—
"Copy of warrant to be given to occupier or person in charge of vehicle".
(2)At the end of section 148 of the Firearms Act 1996 insert—
"(2)If there is a person in charge of the vehicle located in a public place when a search warrant is being executed, the member must—
(a)identify himself or herself to the person as a member of the police force; and
(b)give the person a copy of the execution copy of the warrant.".
Division 4—Amendment of the Gambling Regulation Act 2003
12New definitions inserted
Insert the following definitions in section 1.3(1) of the Gambling Regulation Act 2003—
"aircraft means a machine or structure used or intended to be used for navigation of the air;
public place includes—
(a)a public highway;
(b)a park, garden, reserve or other place of public recreation or resort;
(c)a railway station, platform or carriage;
(d)a wharf, pier or jetty;
(e)a passenger ship or hire vessel;
(f)a hire vehicle;
(g)a church or chapel open to the public or any other building where divine service is publicly held;
(h)a State school, including the school's land or premises;
(i)a public hall, theatre or room where members of the public are, or are assembling for or departing from, a public entertainment or meeting;
(j)a market;
(k)an auction room, mart or place while a sale or auction is proceeding;
(l)licensed premises or authorised premises within the meaning of the Liquor Control Reform Act 1998;
(m)a racecourse, cricket ground, football ground or other sporting ground where members of the public are present or are permitted to have access to, whether with or without an admission fee;
(n)any open place to which the public have access;
vehicle includes motor vehicle, aircraft, vessel, caravan and trailer;
vessel includes a ship, boat or vehicle that is capable of use in or on water, whether floating or submersible and whether or not self propelled;".
13Repeal of definitions
In section 2.1.2(1) of the Gambling Regulation Act 2003, the definitions of public place, vehicle and vessel are repealed.
14Search warrants
(1)In section 10.5.12(1) of the Gambling Regulation Act 2003—
(a)after "premises" (where first occurring) insert "(including any vehicle on or in the premises) or a particular vehicle located in a public place,";
(b)after "premises" (where secondly occurring) insert "or on or in the vehicle".
(2)In section 10.5.12(2)(a) of the Gambling Regulation Act 2003, after "premises" (wherever occurring) insert "or the vehicle".
(3)In section 10.5.12(3)(b) of the Gambling Regulation Act 2003, after "premises" insert
"or vehicle".
15Announcement before entry
(1)In section 10.5.13(1)(a) of the Gambling Regulation Act 2003, after "premises" insert
"or vehicle located in a public place, as the case requires".
(2)For section 10.5.13(1)(b) of the Gambling Regulation Act 2003 substitute—
"(b)give any person at the premises, on the vehicle or in the vehicle an opportunity to allow entry to the premises or vehicle.".
(3)In section 10.5.13(2) of the Gambling Regulation Act 2003, after "premises" insert
"or vehicle".
16Copy of warrant to be given to occupier
(1)In the heading to section 10.5.14 of the Gambling Regulation Act 2003, after "occupier" insert
"or person in charge of vehicle".
(2)In section 10.5.14 of the Gambling Regulation Act 2003, for "If" substitute "In the case of a warrant issued in respect of premises, if".
(3)At the end of section 10.5.14 of the Gambling Regulation Act 2003 insert—
"(2)In the case of a warrant issued in respect of a vehicle in a public place, if there is a person in charge of the vehicle when a search warrant is being executed, the inspector must—
(a)identify himself or herself to that person by producing his or her identity card for inspection by that person; and
(b)give to that person a copy of the execution copy of the warrant.".
17New section 10.5.14A inserted
After section 10.5.14 of the Gambling Regulation Act 2003 insert—
"10.5.14A Search and seizure powers under section 2.6.2 not affected
Nothing in this Division limits powers under section 2.6.2.".
Division 5—Amendment of the Magistrates' Court Act 1989
18Authority conferred by search warrant
(1)In section 78(1)(b)(i) of the Magistrates' Court Act 1989 after "place" insert "or vehicle".
(2)After section 78(6) of the Magistrates' Court Act 1989 insert—
"(7)In this section—
vehicle includes motor vehicle, aircraft and vessel.".
Division 6—Amendment of the Police Integrity Act 2008
19New definitions inserted
In section 3 of the Police Integrity Act 2008 insert the following definitions—
"motor vehicle has the same meaning as it has in section 3(1) of the Road Safety Act 1986;
public place has the same meaning as it has in section 3 of the Summary Offences Act 1966;".
20Powers with search warrant
(1)For section 93(1) of the Police Integrity Act 2008 substitute—
"(1)The Director may apply to a magistrate for the issue of a search warrant in relation to either or both of the following—
(a)particular premises, if the Director believes on reasonable grounds that entry to the premises (including any vehicle on or in those premises) is necessary for the purpose of an investigation;
(b)a particular vehicle located in a public place, if the Director believes on reasonable grounds that entry to the vehicle is necessary for the purpose of an investigation.".
(2)For section 93(2)(a) of the Police Integrity Act 2008 substitute—
"(a)to enter and search the premises or vehicle named or described in the warrant and inspect any document or thing at those premises or on or in that vehicle; and".
(3)After section 93(4) of the Police Integrity Act 2008 insert—
"(5)In this section and section 94—
aircraft means a machine or structure used or intended to be used for navigation of the air;
vehicle includes motor vehicle, aircraft and vessel;
vessel includes a ship, boat or vehicle that is capable of use in or on water, whether floating or submersible and whether or not self propelled.".
21Procedure for executing warrant
(1)In section 94(1)(a) of the Police Integrity Act 2008, after "premises" insert "or vehicle located in a public place, as the case may be".
(2)For section 94(1)(b) of the Police Integrity Act 2008 substitute—
"(b)if the person has been unable to obtain unforced entry, must give any person at the premises or on or in the vehicle an opportunity to allow entry to the premises or vehicle.".
(3)In section 94(2) of the Police Integrity Act 2008, after "premises" insert "or vehicle".
(4)After section 94(3) of the Police Integrity Act 2008 insert—
"(3A)If there is a person in charge of a vehicle named or described in a search warrant being executed, the person executing the warrant must—
(a)identify himself or herself to the person in charge; and
(b)give the person in charge a copy of the warrant.".
(5)After section 94(4) of the Police Integrity Act 2008 insert—
"(4A)If there is no person in charge of a vehicle in a public place in respect of which a warrant is being executed, the person executing the warrant must—
(a)identify himself or herself to any person present on or in the vehicle who is apparently over the age of 18 years; and
(b)give that person a copy of the warrant.".
(6)In section 94(5) of the Police Integrity Act 2008—
(a)after "where" insert ", or on or in a vehicle in respect of which,";
(b)after "premises," (where secondly occurring) insert "or on or in the vehicle,".
(7)In section 94(6) of the Police Integrity Act 2008—
(a)after "premises" (where first occurring) insert "or on or in a vehicle";
(b)after "premises" (where secondly occurring) insert "or on or in the vehicle".
Division 7—Amendment of the Police Regulation Act 1958
22New definitions inserted
In section 99 of the Police Regulation Act 1958—
(a)in the definition of relevant offence for "127A." substitute "127A;";
(b)insert the following definitions—
" public place has the same meaning as in section 3 of the Summary Offences Act 1966;
vehicle includes motor vehicle, aircraft and vessel.".
23Entry, search and seizure
(1)In section 100(1) of the Police Regulation Act 1958—
(a)after "place" (where first occurring) insert "(including any vehicle on or in that place) or a particular vehicle located in a public place";
(b)after "place" (where secondly occurring) insert "or on or in that vehicle".
(2)In section 100(2) of the Police Regulation Act 1958—
(a)in paragraph (a), after "place" insert
"or vehicle";
(b)in paragraph (b), after "that place" insert
"or that vehicle".
24Search warrant
(1)In section 100A(1) of the Police Regulation Act 1958—
(a)after "place" (where first occurring) insert "(including any vehicle on or in that place) or a particular vehicle located in a public place";
(b)after "place" (where secondly occurring) insert "or on or in that vehicle".
(2)In section 100A(2) of the Police Regulation Act 1958—
(a)after "a place" insert "or on or in a vehicle" ;
(b)in paragraph (a), after "the place" insert
"or the vehicle".
25Announcement before entry
(1)In section 100B(1) of the Police Regulation Act 1958—
(a)in paragraph (a), after "place" insert "or the vehicle located in a public place";
(b)for paragraph (b) substitute—
"(b)if the member has been unable to obtain unforced entry—
(i)in the case of a warrant issued in relation to a place, must give any person at the place an opportunity to allow entry to the place; or
(ii)in the case of a warrant issued in relation to a vehicle located in a public place, must give any person on or in the vehicle an opportunity to allow entry to the vehicle.".
(2)In section 100B(2) of the Police Regulation Act 1958, after "place" insert "or the vehicle".
26Details of warrant to be given to occupier
(1)Insert the following heading to section 100C of the Police Regulation Act 1958—
"Details to be given to occupier or person in charge of vehicle".
(2)In section 100C of the Police Regulation Act 1958—
(a)for "If the occupier" substitute "In the case of a warrant issued in respect of a particular place, if the occupier of the place";
(b)for "a place" substitute "the place".
(3)At the end of section 100C of the Police Regulation Act 1958 insert—
"(2)In the case of a warrant issued in relation to a particular vehicle located in a public place, if there is a person apparently in charge of the vehicle when a search warrant is being executed, the member executing the warrant must—
(a)identify himself or herself to that person; and
(b)give the person a copy of the warrant.".
Division 8—Amendment of the Prostitution Control Act 1994
27Definition
In section 61A of the Prostitution Control Act 1994 insert the following definition—
"vehicle includes motor vehicle, aircraft and vessel.".
28Search warrants
(1)In section 61L(1) of the Prostitution Control Act 1994, after "premises" insert "(including any vehicle on or in those premises) or a particular vehicle located in a public place".
(2)In section 61L(2)(a) of the Prostitution Control Act 1994, after "premises" insert "or vehicle".
29Announcement before entry
(1)In section 61M(1)(a) of the Prostitution Control Act 1994, after "premises" insert "or the vehicle located in a public place, as the case may be".
(2)For section 61M(1)(b) of the Prostitution Control Act 1994 substitute—
"(b)if the inspector has been unable to obtain unforced entry, must give—
(i)any person at the premises an opportunity to allow entry to the premises; or
(ii)any person on or in the vehicle an opportunity to allow entry to the vehicle.".
(3)In section 61M(2) of the Prostitution Control Act 1994, after "premises" insert "or the vehicle".
30New section 61NA inserted
After section 61N of the Prostitution Control Act 1994 insert—
"61NA Details of warrant to be given to person in charge of vehicle
(1)If there is a person in charge of the vehicle located in a public place in respect of which a search warrant is being executed, the inspector must—
(a)identify himself or herself to the person in charge of the vehicle; and
(b)give to the person a copy of the warrant.
(2)If there is no person in charge of the vehicle located in a public place in respect of which a search warrant is being executed, the inspector must—
(a)identify himself or herself to a person (if any) on or in the vehicle; and
(b)give to the person a copy of the warrant.".
31Embargo notice
In section 61P(1) of the Prostitution Control Act 1994, for "occupier" (wherever occurring) substitute "occupier or the person in charge of the vehicle".
32Requirement to assist inspector during entry
In section 61T of the Prostitution Control Act 1994, after "occupier" (where secondly occurring) insert "or the person in charge of the vehicle".
33Entry to unlicensed premises—search warrant
(1)For section 63(1) of the Prostitution Control Act 1994 substitute—
"(1)A member of the police force of or above the rank of senior sergeant may apply to a magistrate for the issue of a search warrant—
(a)in relation to particular premises (including any vehicle on or in those premises) if the member believes on reasonable grounds that a person is carrying on business at those premises as a prostitution service provider in contravention of section 22(1) or (1A) or 24(1); or
(b)in relation to a particular vehicle located in a public place, if the member believes on reasonable grounds that there is evidence on or in the vehicle of a contravention of section 22(1) or (1A) or 24(1).".
(2)After section 63(2) of the Prostitution Control Act 1994 insert—
"(2A)If the magistrate to whom an application is made is satisfied by evidence on oath, whether oral or by affidavit, that there are reasonable grounds for suspecting that there is evidence of a contravention of section 22(1) or (1A) or 24(1) on or in the vehicle located in a public place, the magistrate may issue a search warrant.".
(3)In section 63(3) of the Prostitution Control Act 1994, after "premises" (wherever occurring) insert "or vehicle".
(4)After section 63(6) insert—
"(7)Nothing in subsection (1) affects the types of premises that may be licensed under this Act.
(8)In this section—
vehicle includes motor vehicle, aircraft and vessel.".
Division 9—Amendment of the Surveillance Devices Act 1999
34Definitions
In section 3(1) of the Surveillance Devices Act 1999—
(a)insert the following definition—
"public place has the same meaning as it has in section 3 of the Summary Offences Act 1966;";
(b)in the definition of vehicle, after "includes" insert "motor vehicle,".
35Search warrant
(1)In section 33(1) of the Surveillance Devices Act 1999—
(a)after "premises" (where first occurring) insert "or a particular vehicle located in a public place"; and
(b)after "premises" (where secondly occurring) insert "or on or in the vehicle".
(2)In section 33(2) of the Surveillance Devices Act 1999—
(a)after "premises" (where first occurring) insert "or on or in the vehicle located in a public place";
(b)in paragraph (a), after "premises" (wherever occurring) insert "or vehicle";
(c)for paragraph (b) substitute—
"(b)to search the premises or vehicle or any person found on the premises or on or in the vehicle for any thing named or described in the warrant; and".
(3)In section 33(3)(b) of the Surveillance Devices Act 1999, after "premises" insert "or vehicle".
36Announcement before entry
(1)For section 34(1) of the Surveillance Devices Act 1999 substitute—
"(1)Before executing a search warrant, the member of Victoria Police named in the warrant or a person assisting him or her must—
(a)announce that he or she is authorised by the warrant to enter—
(i)in the case of a warrant issued in respect of particular premises, the premises; or
(ii)in the case of a warrant issued in respect of a particular vehicle located in a public place, the vehicle; and
(b)give any person at the premises or on or in the vehicle, as the case may be, an opportunity to allow entry to the premises or the vehicle.".
(2)In section 34(2) of the Surveillance Devices Act 1999, after "premises" insert "or vehicle".
37New section 35A inserted
After section 35 of the Surveillance Devices Act 1999 insert—
"35A Copy of warrant to be given to person in charge of vehicle or person searched
(1)If there is a person in charge of the vehicle located in a public place when a search warrant is being executed, the member of Victoria Police must—
(a)identify himself or herself to that person; and
(b)give that person a copy of the execution copy of the warrant.
(2)If a person found on or in the vehicle when a search warrant is being executed is to be searched under the warrant, the member of Victoria Police must—
(a)identify himself or herself to that person; and
(b)give that person a copy of the execution copy of the warrant.".
__________________
Part 3—Amendment of Children, Youth and Families Act 2005
38Children, Youth and Families Act 2005—Repeal of Koori Court (Criminal Division) sunset provisions
(1)Section 2(2) of the Children, Youth and Families Act 2005 is repealed.
(2)Section 2(3) of the Children, Youth and Families Act 2005 is repealed.
(3)Section 605 of the Children, Youth and Families Act 2005 is repealed.
__________________
Part 4—Other Amendments to the Gambling Regulation Act 2003
39Penalty on persons advertising as to betting
At the foot of section 2.5.6 of the Gambling Regulation Act 2003 insert—
"Note
See section 2.5.16 for exceptions to section 2.5.6.".
40New section 2.5.14A inserted
In Division 5 of Part 5 of Chapter 2 of the Gambling Regulation Act 2003, before section 2.5.15 insert—
"2.5.14A Definition
In this Division—
wagering service provider means—
(a)a person who operates a totalisator in Victoria or elsewhere in Australia;
(b)a person who operates a betting exchange in Victoria or elsewhere in Australia;
(c)a person who, in Victoria or elsewhere in Australia, carries on the business of, or acts as, a bookmaker or turf commission agent;
(d)a person who, in Victoria or elsewhere in Australia, gains or endeavours to gain their livelihood wholly or partly by betting or making wagers;
(e)an employee or agent of a person mentioned in paragraph (a), (b), (c) or (d).".
41Exceptions
(1)In the heading to section 2.5.16 of the Gambling Regulation Act 2003, for "section 2.5.15" substitute "sections 2.5.6 and 2.5.15".
(2)In section 2.5.16(1) of the Gambling Regulation Act 2003, after "in section" insert "2.5.6 or".
(3)For section 2.5.16(3) of the Gambling Regulation Act 2003 substitute—
"(3)A wagering service provider may advertise—
(a)details that identify the wagering service provider as a wagering service provider;
(b)details that specify how the wagering service provider can be contacted;
(c)the services offered by the wagering service provider;
(d)the odds the wagering service provider is offering in respect of a particular betting contingency.".
42Application for registration as bookmaker
After section 4.5A.2(2)(b) of the Gambling Regulation Act 2003 insert—
"(ba)must be accompanied by a Responsible Gambling Code of Conduct that the applicant intends to implement if registered; and".
43Determination of application for registration as bookmaker
(1)In section 4.5A.4(2)(e) of the Gambling Regulation Act 2003, for "place." substitute "place; and".
(2)After section 4.5A.4(2)(e) of the Gambling Regulation Act 2003 insert—
"(f)whether the Responsible Gambling Code of Conduct accompanying the application complies with—
(i)any directions given under section 10.6.6; and
(ii)the additional requirements set out in section 10.6.7.".
44New section 4.5A.10A inserted
After section 4.5A.10 of the Gambling Regulation Act 2003 insert—
"4.5A.10A Responsible Gambling Code of Conduct is a condition of registration for a bookmaker
It is a condition of registration as a bookmaker that the bookmaker implement a Responsible Gambling Code of Conduct that has been approved by the Commission.".
45Conditions of registration
In section 4.5A.11 of the Gambling Regulation Act 2003 for "On granting" substitute "In addition to any condition imposed by this Act, on granting".
46Amendment of conditions
In section 4.5A.12(1) of the Gambling Regulation Act 2003, after "employee" insert "(other than a condition imposed by this Act)".
47Disciplinary action against registered bookmaker or bookmaker's key employee
After paragraph (e) of the definition of grounds for disciplinary action in section 4.5A.14(1) of the Gambling Regulation Act 2003 insert—
"(ea)that there have been repeated breaches by the registered bookmaker of the bookmaker's Responsible Gambling Code of Conduct;".
48New section 4.7.1AA inserted
After the heading to Part 7 of Chapter 4 of the Gambling Regulation Act 2003 insert—
"4.7.1AA Definitions
In this Part—
gambling advertising means advertising that gives publicity to, or otherwise promotes or is intended to promote, participation in wagering or sports betting;
wagering service provider means—
(a)a person who operates a totalisator in Victoria or elsewhere in Australia;
(b)a person who operates a betting exchange in Victoria or elsewhere in Australia;
(c)a person who, in Victoria or elsewhere in Australia, carries on the business of, or acts as, a bookmaker or turf commission agent;
(d)a person who, in Victoria or elsewhere in Australia, gains or endeavours to gain their livelihood wholly or partly by betting or making wagers;
(e)an employee or agent of a person mentioned in paragraph (a), (b), (c) or (d).".
49New sections 4.7.8, 4.7.9 and 4.7.10 inserted
After section 4.7.7 of the Gambling Regulation Act 2003 insert—
"4.7.8 Appropriate advertising standards required
A wagering service provider must not publish or disseminate, or cause to be published or disseminated, any gambling advertising, in any form or by any method of communication, that—
(a)encourages a breach of this Act; or
(b)depicts children wagering or involved in any other form of gambling; or
(c)suggests that winning will be a definite outcome of participating in wagering or sports betting activities; or
(d)suggests that participation in wagering or sports betting activities is likely to improve a person's financial prospects; or
(e)promotes the consumption of alcohol while engaged in wagering or sports betting activities; or
(f)is offensive.
Penalty:20 penalty units.
4.7.9Prescribed statement to be included in advertisements
A wagering service provider must not publish or disseminate, or cause to be published or disseminated, in the course of business any gambling advertising in any form or by any method of communication unless the advertisement contains a prescribed statement (if any) in relation to problem gambling.
Penalty:20 penalty units.
4.7.10Offence to offer inducement to open betting account
A wagering service provider must not offer any credit, voucher or reward as an inducement to open a betting account.
Penalty:20 penalty units.".
50Definition
After paragraph (ca) of the definition of relevant person in section 10.6.5 of the Gambling Regulation Act 2003 insert—
"(cb)a registered bookmaker;".
51Transitional
At the end of Schedule 7 to the Gambling Regulation Act 2003 insert—
"Part 23—Justice Legislation Amendment Act 2009
23.1Definition
In this Part—
Amending Act means the Justice Legislation Amendment Act 2009;
commencement day means the day on which section 44 of the Amending Act comes into operation.
23.2Bookmaker's registration
(1)This clause applies to the registration of a bookmaker granted before, on or after the commencement day.
(2)The condition of registration set out in section 4.5A.10A does not apply to the registration of a bookmaker until the day that is 6 months after the commencement day.".
52Statute law revision
In section 2.5.16(1A)(b) of the Gambling Regulation Act 2003 for "Australian Harness Racing Council Inc." substitute "Harness Racing Australia Inc.".
__________________
Part 5—Amendment of the Terrorism (Community Protection) Act 2003
53Annual reports
In section 13(2) of the Terrorism (Community Protection) Act 2003, for "practicable" substitute "practicable, but within 3 months,".
__________________
Part 6—Repeal of Amending Act
54Repeal of this Act
This Act is repealed on 1 October 2010.
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).
═══════════════
Endnotes
Minister's second reading speech—
Legislative Assembly: 2 April 2009
Legislative Council: 7 May 2009
The long title for the Bill for this Act was "A Bill for an Act to amend the Crimes Act 1958, the Children, Youth and Families Act 2005, the Drugs, Poisons and Controlled Substances Act 1981, the Firearms Act 1996, the Gambling Regulation Act 2003, the Magistrates' Court Act 1989, the Police Integrity Act 2008, the Police Regulation Act 1958, the Prostitution Control Act 1994, the Surveillance Devices Act 1999 and the Terrorism (Community Protection) Act 2003 and for other purposes."
0
0
0