Untitled document

Crimes (Controlled Operations) Amendment Act 2008

No. 39 of 2008

table of provisions

Section  Page

Part 1—Preliminary

1Purpose

2Commencement

Part 2—Amendments to Crimes (Controlled Operations) Act 2004

3Definitions

4Amendments regarding Special Investigations Monitor

5Statute law revision

Part 3—Consequential Amendments to the Major Crime Legislation (Office of Police Integrity) Act 2004

6Definitions

7Section 22 repealed

8New section 45 substituted

Part 4—Repeal of Amending Act

9Repeal of Act

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Endnotes

Crimes (Controlled Operations) Amendment Act 2008

No. 39 of 2008

[Assented to 26 August 2008]

The Parliament of Victoria enacts:

Part 1—Preliminary

1Purpose

The main purpose of this Bill is to amend the Crimes (Controlled Operations) Act 2004 to repeal provisions relating to the Australian Crime Commission and to make consequential amendments to the Major Crime Legislation (Office of Police Integrity) Act 2004.

2Commencement

(1)This Act, except for Part 2, comes into operation on the day after the day on which this Act receives the Royal Assent.

(2)Part 2 comes into operation on a day or days to be proclaimed.

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Part 2—Amendments to Crimes (Controlled Operations) Act 2004

3Definitions

(1)In section 3 of the Crimes (Controlled Operations) Act 2004—

(a)for the definition of chief officer substitute—

"chief officer means—

(a)in relation to Victoria Police—the Chief Commissioner of Police;

(b)in relation to the Office of Police Integrity—the Director;";

(b)for the definition of law enforcement agency substitute—

"law enforcement agency means the following agencies—

(a)Victoria Police;

(b)the Office of Police Integrity;";

(c)for the definition of law enforcement officer substitute—

"law enforcement officer means—

(a)in relation to Victoria Police—

(i)a member of Victoria Police; or

(ii)a person who is seconded to Victoria Police including (but not limited to) a member of the police force or police service (however described) of another jurisdiction;

(b)in relation to the Office of Police Integrity—a prescribed member of staff of the Office of Police Integrity;".

(2)In section 3 of the Crimes (Controlled Operations) Act 2004, the definition of Australian Crime Commission is repealed.

4Amendments regarding Special Investigations Monitor

In sections 38, 39 (including the heading to section 39) and 42 (including the heading to section 42) of the Crimes (Controlled Operations) Act 2004, for "relevant Ombudsman" (wherever occurring) substitute "Special Investigations Monitor".

5Statute law revision

Section 57 of the Crimes (Controlled Operations) Act 2004 is repealed.

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Part 3—Consequential Amendments to the Major Crime Legislation (Office of Police Integrity) Act 2004

6Definitions

(1)In section 20(a) of the Major Crime Legislation (Office of Police Integrity) Act 2004, in the proposed definition of prescribed member of staff of the Office of Police Integrity, in paragraph (c), omit ", member of staff of the Australian Crime Commission".

(2)Sections 20(b), 20(c), 20(d) and 20(e) of the Major Crime Legislation (Office of Police Integrity) Act 2004 are repealed.

7Section 22 repealed

Section 22 of the Major Crime Legislation (Office of Police Integrity) Act 2004 is repealed.

8New section 45 substituted

(1)For the heading to section 24 of the Major Crime Legislation (Office of Police Integrity) Act 2004 substitute—

"New section 45 substituted".

(2)In section 24 of the Major Crime Legislation (Office of Police Integrity) Act 2004, for "After section 45 of the Crimes (Controlled Operations) Act 2004 insert" substitute
"For section 45 of the Crimes (Controlled Operations) Act 2004 substitute".

(3)In section 24 of the Major Crime Legislation (Office of Police Integrity) Act 2004, for "45A" substitute "45".

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Part 4—Repeal of Amending Act

9Repeal of Act

This Act is repealed on the first anniversary of the first day on which all of its provisions are in operation.

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: 29 May 2008

Legislative Council: 26 June 2008

The long title for the Bill for this Act was "A Bill for an Act to amend the Crimes (Controlled Operations) Act 2004 to repeal provisions relating to the Australian Crime Commission and to make consequential amendments to the Major Crime Legislation (Office of Police Integrity) Act 2004 and for other purposes."