Untitled document

Police Regulation and Firearms (Amendment) Act

1999

Act No. 30/1999

TABLE OF PROVISIONS

Section	Page
PART 1—PRELIMINARY	1

1.	Purpose	1
2.	Commencement	1

PART 2—POLICE REGULATION ACT 1958 3

3.	Principal Act	3
4.	Definitions	3
5.	Appointment of Deputy and Assistant Commissioners and Acting
Deputy Commissioners	3
6.	New section 4AB inserted	4

4AB. Appointment of Acting Chief Commissioner 4

7.	Additional function for Police Board	5
8.	New section 4D substituted	5

4D. Membership of Police Board 5

9.	Delegation by Police Board	5
10.	Powers of Deputy Commissioners and delegations	6
11.	Appointments, promotions and transfers	6
12.	Oath of office and execution of process	6
13.	New Division 1 of Part 4 inserted	7
Division 1—Dismissal of Unsuitable Members	7

68.	Chief Commissioner may dismiss unsuitable members	7
68A.	Suspension pending decision	9
68B.	Application for review of dismissal order	10
68C.	Procedure on review	10
68D.	What may the Police Board order?	11
68E.	Evidence	13
68F.	Witnesses	14
68G.	Representation and costs	15
68H.	Contempt of Police Board	16
68I.	Protection of review participants	16

14.	Disciplinary matters	17
15.	New section 86AAA inserted	18

i

Section Page

86AAA. Forfeiture of salary by suspended member 18

16.	Annual report of Chief Commissioner	19
17.	Complaints and investigations	19
18.	Amendment of section 86L	19
19.	Further changes to Part 4A	20
20.	New section 86V inserted	20

86V. Prohibition of victimisation 20

21.	Reviews of non-promotions	21
22.	Amendment of Part 5A headings	22
23.	New section 95 substituted	22

95. Bribery and corruption 22

24.	Penalty for not delivering accoutrements	23
25.	New Division 3 of Part 5A inserted	23
Division 3—Search and seizure	23

99.	What is a relevant offence?	23
100.	Entry, search and seizure	24

100A. Search warrant 26

100B.	Announcement before entry	27
100C.	Details of warrant to be given to occupier	28
100D.	Seizure of things not mentioned in the warrant	28
100E.	Copies of seized documents	28
100F.	Retention and return of seized things	29
100G.	Magistrates' Court may extend 6 month period	30
100H.	Things seized may be used in connection with
investigations into conduct	30

26.	New Division heading inserted	30
27.	New clause 4 of Schedule 1A substituted	31
28.	Further amendment of Schedule 1A	31
29.	Statute law revision	32

PART 3—FIREARMS ACT 1996 33

30.	Definition of "prohibited person"	33
31.	New section 186A inserted	33

186A. Interstate temporary visitor permits 33

32. Statute law revision 33

═══════════════

NOTES 35

ii

Victoria

No. 30 of 1999

Police Regulation and Firearms

(Amendment) Act 1999†

[Assented to 1 June 1999]

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1. Purpose

The purpose of this Act is to amend the Police

Regulation Act 1958 and the Firearms Act 1996.

2. Commencement

(1) This Part comes into operation on the day on which this Act receives the Royal Assent.

Police Regulation and Firearms (Amendment) Act 1999

Act No. 30/1999 s. 2

(2) Subject to sub-section (3), the remaining

provisions of this Act come into operation on a
day or days to be proclaimed.

(3) If a provision referred to in sub-section (2) does

not come into operation before 1 June 2000, it
comes into operation on that day.

_______________
Police Regulation and Firearms (Amendment) Act 1999

s. 3 Act No. 30/1999

PART 2—POLICE REGULATION ACT 1958

No. 6338.	3. Principal Act
Reprint No. 8
as at
15 October	In this Part, the Police Regulation Act 1958 is
1998.	called the Principal Act.

4. Definitions

In section 3(1) of the Principal Act, before the
definition of "ESS Board" insert—

' "appointed member" of the Police Board,

means a member of the Police Board other
than the Chief Commissioner;'.

5.  Appointment of Deputy and Assistant Commissioners and Acting Deputy Commissioners

(1) In section 4 of the Principal Act the proviso to sub-section (2) is repealed.

(2) In section 4 of the Principal Act for sub-sections (3) and (3A) substitute— "(3) If—

(a)	there is a vacancy in the office of a Deputy Commissioner; or
(b)	a Deputy Commissioner is suspended, sick or absent from office; or
(c)

a Deputy Commissioner has been Commissioner—

a member of the force may be appointed as
an Acting Deputy Commissioner in

accordance with sub-section (3A).

(3A) The appointment of an Acting Deputy

Commissioner may be made by the Chief Commissioner, for a period not exceeding

Police Regulation and Firearms (Amendment) Act 1999

Act No. 30/1999 s. 6

4 weeks, or by the Governor in Council, for
a period not exceeding 12 months.

(3B) The Governor in Council may, at any time, revoke the appointment of a member of the force as an Acting Deputy Commissioner

(including an appointment made by the Chief

Commissioner).

(3C) A person appointed as an Acting Deputy

Commissioner is eligible for re-appointment,
but a person appointed as an Acting Deputy
Commissioner by the Chief Commissioner
may only be re-appointed by the Governor in

Council.".

6. New section 4AB inserted

After section 4AA of the Principal Act insert—

"4AB. Appointment of Acting Chief Commissioner

(1) The Governor in Council may appoint a

member of the force as Acting Chief

Commissioner—

(a)	while the office of Chief Commissioner is vacant; or
(b)

during any period when the Chief absent from office.

(2) An Acting Chief Commissioner while so acting has all the responsibilities, powers, authorities and duties and may perform all the functions of the Chief Commissioner.

(3) A person appointed as Acting Chief

Commissioner is eligible for re-appointment.

(4) The Governor in Council may, at any time, revoke the appointment of a member of the force as Acting Chief Commissioner.".

Police Regulation and Firearms (Amendment) Act 1999

s. 7

s. 9 Act No. 30/1999

7. Additional function for Police Board

After section 4B(1)(b) of the Principal Act
insert—

"(ba) to conduct reviews under Division 1 of

Part IV; and".

8. New section 4D substituted

For section 4D of the Principal Act substitute—
"4D. Membership of Police Board

(1) For the purposes of performing its functions other than those under Division 1 of Part IV, the Police Board is to be constituted by—

(a) 3 persons appointed by the Governor in Council, of whom 1 is to be appointed as chairperson; and

(b) the Chief Commissioner.

(2) For the purpose only of performing its

functions under Division 1 of Part IV, the
Police Board is to be constituted by—

(a)	the persons referred to in sub-section (1)(a); and
(b)	a legal practitioner (within the meaning of the Legal Practice Act 1996) of at least 5 years' standing appointed by the Governor in Council.

(3) An appointed member holds office for the

term, not exceeding 5 years, specified in his
or her instrument of appointment and is
eligible for re-appointment.

(4) Schedule 1A applies to the Board.".

9. Delegation by Police Board

Police Regulation and Firearms (Amendment) Act 1999

Act No. 30/1999 s. 12

In section 4F of the Principal Act, after "power of
delegation" insert "or any functions under

Division 1 of Part IV".

10. Powers of Deputy Commissioners and delegations

(1) After section 6(1) of the Principal Act insert—
"(1A) Sub-section (1) does not apply to the Chief

Commissioner's power to dismiss a member of the force under section 68 or suspend a member under section 68A.".

(2) In section 6(2) of the Principal Act after "of an Assistant Commissioner" insert ", of an Acting Chief Commissioner".

(3) In section 6A(1) of the Principal Act after "power

of delegation" insert "or the power to dismiss a
member of the force under section 68 or suspend a

member under section 68A".

11. Appointments, promotions and transfers

(1) In section 8 of the Principal Act sub-section (3) is

repealed.

(2) After section 8AA(2A) of the Principal Act

insert—

"(2B) No appeal may be had in relation to the

promotion of a constable who holds a
position to the rank of senior constable in the
same position.".

(3) After section 8AB(1A) of the Principal Act

insert—

"(1B) This section does not apply to a promotion of

a constable who holds a position to the rank
of senior constable in the same position.".

12. Oath of office and execution of process

Police Regulation and Firearms (Amendment) Act 1999

Act No. 30/1999

In the Principal Act—

(a)	in section 13(2) omit "who before administering such oath shall inquire of the person appearing before him to take the same if he is fully aware of the provisions of this Act,";
(b)	in sections 19 and 20 omit "of or below the rank of senior sergeant" (wherever occurring).

13. New Division 1 of Part 4 inserted

After the heading to Part IV of the Principal Act insert—

'Division 1—Dismissal of Unsuitable Members

68.

Chief Commissioner may dismiss
unsuitable members

(1) The Chief Commissioner, by written order,

than a Deputy Commissioner or an Assistant

may dismiss a member of the force (other satisfied that the member is unsuitable to continue as a member of the force, having regard to—

(a) the member's integrity; and

(b) the potential loss of community confidence in the force were the member to continue as a member of the

force.

(2) Before dismissing a member under this section, the Chief Commissioner—

(a) must give the member a notice setting out the grounds on which the Chief Commissioner considers the member is

Police Regulation and Firearms (Amendment) Act 1999

Act No. 30/1999	s. 13
unsuitable to continue as a member of the force; and

(b)	must give the member at least 21 days in which to make written submissions in relation to the proposed dismissal; and
(c)

must take into account any submissions period.

(3) The order must set out the reasons why the

Chief Commissioner is satisfied that the member is unsuitable to continue as a member of the force.

(4) The dismissal takes effect when the order is

made.

(5) The Chief Commissioner must give written notice of the order to the member as soon as practicable after it is made.

(6) A notice under sub-section (2)(a) or (5) may be given to a member—

(a) in person; or

(b)	by sending it by post, facsimile or other electronic means to the member at his or her usual or last known residential address; or
(c)	by leaving it at the member's usual or last known residential address with a person on the premises apparently at least 16 years old and apparently

residing there.

(7) A notice under sub-section (2)(a) or (5) is to

be taken to have been given to a member—

(a) in the case of delivery in person—at the time of delivery;

Police Regulation and Firearms (Amendment) Act 1999

s. 13 Act No. 30/1999

(b)	in the case of posting—2 business days after the day on which the document was posted;
(c)	in the case of facsimile or other electronic transmission—at the time the transmission is received.

(8) If a facsimile or other electronic transmission is received after 4.00 p.m. on any day, it is to be taken to have been received on the next

business day.

(9) In this section—

"business day" means a day other than—

(a) a Saturday or Sunday; or

(b) a public holiday or public half- holiday in the place to where the notice is sent or delivered.

68A. Suspension pending decision

(1) If the Chief Commissioner gives a member of the force a notice under section 68(2)(a), the Chief Commissioner may suspend the

member with pay pending the making of an

order under section 68(1).

(2) A suspension under sub-section (1) lasts

until the earliest of—

(a)	the making of an order under section 68(1) dismissing the member; and
(b)	the lifting of the suspension by the Chief Commissioner; and
(c)	the expiration of the period of 60 days after the giving of the notice under section 68(2)(a).

(3) The Chief Commissioner may apply to the chairperson of the Police Board for an

Police Regulation and Firearms (Amendment) Act 1999

Act No. 30/1999 s. 13

extension of the time specified in
sub-section (2)(c).

(4) The chairperson may give the extension if he or she reasonably believes it is necessary for the proper consideration of the matter by the Chief Commissioner.

(5) An extension may be given more than once.

68B. Application for review of dismissal order

(1) A member of the force who is dismissed from the force by an order under section 68(1) may apply to the Police Board for a

review of the Chief Commissioner's decision
to make the order on the ground that the
decision was not sound, defensible or well-

founded.

(2) An application for review must be made

within 14 days after the member is notified
of the making of the order to which the
application relates.

(3) An application for review does not stay the operation of the order to which it relates.

68C. Procedure on review

(1) In conducting a review, the Police Board

must proceed as follows—

(a) first, it must consider the Chief Commissioner's reasons for the decision to dismiss the applicant from

the force;

(b) secondly, it must consider the case presented by the applicant as to why the decision was not sound, defensible or well-founded;

Police Regulation and Firearms (Amendment) Act 1999

s. 13 Act No. 30/1999

(c)

thirdly, it must consider the case in answer to the applicant's case.

(2) In conducting a review—

(a)	the Board must proceed with as little formality and technicality, and as much speed, as a proper consideration of the matters relevant to the review permits; and
(b)	the Board is bound by the rules of natural justice.

(3) The applicant has at all times the burden of establishing that the decision to dismiss the applicant from the force was not sound,

defensible or well-founded.

(4) Without limiting the matters to which the

Board is otherwise required or permitted to have regard in making its decision, the Board must have regard to—

(a) the public interest (which is taken to include the interest of maintaining the integrity of, and community confidence in, the force and the fact that the Chief Commissioner made an order under section 68(1)); and

(b) the interests of the applicant.

68D. What may the Police Board order?

(1) If the Police Board is satisfied that the

decision to dismiss the applicant from the
force was not sound, defensible or
well-founded, the Board may—

(a) order the Chief Commissioner to re-instate the applicant as a member of the force on terms not less favourable

Police Regulation and Firearms (Amendment) Act 1999

Act No. 30/1999	s. 13
to the applicant than those that would have been applicable if he or she had not been dismissed; or

(b) impracticable to re-instate the
applicant, order the Chief
Commissioner to pay to the applicant
an amount of compensation not
exceeding the amount of remuneration

if the Board considers that it would be months immediately before being dismissed; or

(c) Commissioner for re-consideration in
accordance with any directions or

refer the matter back to the Chief considers appropriate.

(2) If the Board makes an order under

sub-section (1)(a), it may also—

(a) order the Chief Commissioner to pay the applicant an amount stated in the order that does not exceed the amount

that the applicant would, but for being dismissed, have received before being re-instated; and

(b) order that the period of service of the applicant as a member of the force is taken not to have been broken by the dismissal.

(3) If the applicant was on leave without full pay

during any part of the period of 12 months
immediately before being dismissed, the
maximum amount of compensation that may
be ordered under sub-section (1)(b) to be
paid is to be determined as if the applicant
had received full pay while on leave.

Police Regulation and Firearms (Amendment) Act 1999

s. 13 Act No. 30/1999

(4) When assessing any compensation payable, the Board must take into account—

(a)

whether the applicant made a employment; and

(b) alternative employment or that would
have been payable if the applicant had

the remuneration received in any employment.

(5) If the Board is not satisfied that the decision

to dismiss the applicant from the force was not sound, defensible or well-founded, the Board must confirm the order of the Chief Commissioner.

68E. Evidence

(1) The Police Board is not bound by the rules of evidence or any practices or procedures applicable to courts of record and, subject to

this section, may inform itself on any matter

as it sees fit.

(2) The Board may require evidence to be given

on oath and, for that purpose, a member of the Board may administer an oath or cause an oath to be administered.

(3) Subject to sub-section (4), evidence is not to be adduced before the Board unless—

(a) notice of intention to do so, and of the substance of the evidence, has been given to the Board before the commencement of the hearing of the review; and

(b) the Board gives leave.

Police Regulation and Firearms (Amendment) Act 1999

Act No. 30/1999 s. 13

(4) Sub-section (3) does not apply to the

following—

(a) the Chief Commissioner's order;

(b) the notice given under section 68(2)(a);

(c) Commissioner at the time of making

any information before the Chief made under section 68(2)(c).

(5) The Board—

(a)

may give leave under sub-section (3)(b) and having regard to the nature of the review; and

(b) without limiting paragraph (a), must give leave under sub-section (3)(b) if it is satisfied—

(i)  that there is a real probability that the applicant may be able to show that the Chief Commissioner has

acted on wrong or mistaken information; or
(ii)	suggest that the information before the Chief Commissioner was unreliable, having been placed before the Chief

that there is cogent evidence to fraudulently or vexatiously; or

(iii) adduced might materially have

that the evidence sought to be decision.

68F. Witnesses

Police Regulation and Firearms (Amendment) Act 1999

s. 13 Act No. 30/1999

(1) None of the following is a compellable

witness in a review unless the Board gives
leave—

(a) the Chief Commissioner;

(b) a member of the force;

(c) a person employed in the office of the Chief Commissioner.

(2) The Board may give leave only if it

considers that extraordinary grounds exist
that warrant leave being given.

(3) Subject to sub-section (1) and section 68E,

the chairperson of the Board may issue a
summons to a person to attend the Board to
give evidence and produce any documents
that are referred to in the summons.

(4) A person who has been properly served with

a summons to attend must not, without
reasonable excuse, fail to—

(a)	attend as required by the summons until he or she has been excused or released from attendance by the Board; or
(b)	produce any document referred to in the summons that is in his or her possession.
Penalty:	Imprisonment for 1 month or 10 penalty units or both.

68G. Representation and costs

(1) In a review, the Chief Commissioner and the

applicant may appear personally or be
represented by a legal practitioner or, with
the leave of the Board, by any other person.

(2) Subject to sub-section (3), each party is to bear their own costs of the review.

Police Regulation and Firearms (Amendment) Act 1999

Act No. 30/1999 s. 13

(3) The Board may order that a party pay all or a

specified part of the other party's costs of a
review if satisfied that the first party has
conducted themselves in the review in a way
that unnecessarily disadvantaged the other
party.

(4) An order for costs may be enforced as a debt in a court of competent jurisdiction.

68H. Contempt of Police Board

A person must not—

(a) while that member is performing

insult a member of the Police Board Division; or

(b)	insult, harass, intimidate, obstruct or hinder a person attending a hearing of the Board in a review; or
(c)	misbehave at a hearing of the Board in a review; or
(d)	do any other act in relation to a review that would, if the Board were the Supreme Court, constitute contempt of that Court.
Penalty:	Imprisonment for 3 months or 30 penalty units or both.

68I. Protection of review participants

(1) A member of the Police Board has, in the

performance of his or her functions as
member in a review, the same protection and
immunity as a judge of the Supreme Court
has in the performance of his or her duties as
judge.

(2) A person representing a party in a review has the same protection and immunity as a legal

Police Regulation and Firearms (Amendment) Act 1999

s. 14 Act No. 30/1999

practitioner has in representing a party in
proceedings in the Supreme Court.

(3) A party to a review has the same protection

and immunity as a party to proceedings in
the Supreme Court.

(4) A person appearing as a witness in a review

has the same protection and immunity as a witness has in proceedings in the Supreme Court.'.

14. Disciplinary matters

(1) In the Principal Act—

(a) in section 70(2)—

(i)

for "Upon beginning an investigation" investigation";

(ii) in paragraph (b) omit "under this Act"; (b) in section 71—

(i) sub-section (2) is repealed;

(ii)  in sub-section (3)(b) omit "under this Act";

(c)	in section 76(1)(b) after "12 months" insert "or on any other condition specified in the determination";
(d)	after section 76(1)(c) insert— "(ca) to impose a period, not exceeding

2 years, during which the member will
not be eligible for promotion or transfer

to other duties; or";

(e) in section 77(2) after "the member" insert "or from any other amount payable to the member by the State";

(f) in section 79—

Police Regulation and Firearms (Amendment) Act 1999

Act No. 30/1999 s. 15

(i)  in sub-section (1) after "and may" substitute ", at any time during that investigation";

(ii)  in sub-sections (1)(b) and (2)(b) omit "under this Act";

(g)	in section 80(1)(b) after "12 months" insert "or on any other condition specified in the determination";
(h)	after section 80(1)(c) insert— "(ca) to impose a period, not exceeding

2 years, during which the member will
not be eligible for promotion or transfer
to other duties; or".

(2) After section 80(4) of the Principal Act insert— "(5) A fine imposed under this section may be

recovered in the Magistrates' Court as a civil
debt or by deducting the amount from the
pay of the member or from any other amount

payable to the member by the State.".

(3) In section 86 of the Principal Act—

(a) at the foot of sub-section (2) insert— "Penalty: 50 penalty units.";

(b) sub-sections (3), (4) and (5) are repealed.

15. New section 86AAA inserted

After section 86 of the Principal Act insert—

"86AAA. Forfeiture of salary by suspended member

(1) If—

(a) a charge is proven against a member of the force under Division 2; or

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s. 16

s. 18 Act No. 30/1999

(b)	a member of the force has been charged with an offence referred to in section 80 and the offence has been found proven; or
(c)	a member resigns from the force before any charge under Division 2 or any criminal charge referred to in section 80 is finalised—

and the member has been suspended, the member forfeits all salary that accrued to him or her during the member's suspension

and must repay any salary that has been paid

to him or her during the suspension.

(2) Any salary not repaid under sub-section (1) may be recovered by the Chief a court of competent jurisdiction.

(3) The Chief Commissioner may, on

application to him or her in writing,
determine that sub-section (1) does not apply

to a member of the force.".

16. Annual report of Chief Commissioner

In section 86AB(1) of the Principal Act after "Police Review Commission" insert "or the Police Board".

17. Complaints and investigations

(1) In the penalty provision at the foot of section

86K(1) of the Principal Act for "$1000"
substitute "10 penalty units".

(2) For the heading to Division 2 of Part IVA of the

Principal Act substitute—
"Division 2—Complaints and Investigations".

18. Amendment of section 86L

Police Regulation and Firearms (Amendment) Act 1999

Act No. 30/1999

(1) In section 86L of the Principal Act for sub-section

(2A) substitute—

"(2A) A member of the force must make a

complaint to a member of the force of a more senior rank to that member, or to the Deputy Ombudsman, about the conduct of another

member of the force if he or she has reason to believe that the other member is guilty of serious misconduct.".

(2) In the penalty provision at the foot of section

86L(6) of the Principal Act for "$1000" substitute
"10 penalty units".

19. Further changes to Part 4A

In section 86Q(3) of the Principal Act after
"direction" (where first occurring) insert ", or

review proceedings under Division 1 of Part IV".

20. New section 86V inserted

After section 86U of the Principal Act insert—

'86V. Prohibition of victimisation

(1) A person must not take detrimental action, or

cause, incite or permit detrimental action to
be taken, against a member of the force—

(a)	because the member has made a complaint under section 86L about the conduct of any member of the force; or
(b)	information or evidence to the Chief Commissioner or Deputy Ombudsman

because the member has given section 86O or 86P; or

(c) because the person believes that the member has made, or intends to make, a complaint referred to in paragraph (a) or has given, or intends to give,

Police Regulation and Firearms (Amendment) Act 1999

s. 20

s. 21	Act No. 30/1999
information or evidence referred to in paragraph (b).

Penalty:  120 penalty units or imprisonment
for 12 months or both.

(2) In determining whether a person takes

detrimental action against a member of the
force it is irrelevant—

(a)	whether or not a factor in sub- section (1) is the only or dominant reason for the action;
(b)	whether the person acts alone or in association with any other person.

(3) It is a defence to a prosecution under sub-

section (1) that the complaint was made frivolously, vexatiously or in bad faith.

(4) In this section—

"detrimental action" means action causing,

comprising or involving any of the
following—

(a) injury, damage or loss;
(b) intimidation or harassment;

(c) ostracism;

(d)	discrimination, disadvantage or adverse treatment in relation to employment;
(e)	dismissal from, or prejudice in, employment;

(f) disciplinary proceedings;

"member of the force" includes an

employee in the office of the Chief

Commissioner.'.

21. Reviews of non-promotions

Police Regulation and Firearms (Amendment) Act 1999

Act No. 30/1999 s. 23

(1) In section 91F(1)(e) of the Principal Act—

(a)	for "section 76(1)(d)(e)(f)" substitute "section 76(1)(ca), (d), (e), (f)";
(b)	for "section 80(1)(a)(ii) or (iii) (d)" substitute "section 80(1)(a)(ii) or (iii), (ca), (d)".

(2) After section 91F(1)(f) of the Principal Act

insert—

"; or

(g) not to promote a constable who holds a position to the rank of senior constable in the same position.".

22. Amendment of Part 5A headings

In the Principal Act—

(a) for the heading to Part VA substitute—

"PART VA—ENFORCEMENT";

(b) after the heading to Part VA insert—

"Division 1—Reinstatement";

(c) after section 92 insert—

"Division 2—Offences".

23. New section 95 substituted

For section 95 of the Principal Act substitute—

"95. Bribery and corruption

(1) A member of the force must not—

(a) take or solicit any bribe, pecuniary or otherwise; or

Police Regulation and Firearms (Amendment) Act 1999

s. 25 Act No. 30/1999

(b) take or solicit any payment from, or make any collusive agreement with, another person to neglect the member's

duty, to take advantage of the member's position or to act in such a manner as to bring discredit to the force.

Penalty: 100 penalty units.

(2) Proceedings for an offence against sub-

section (1) may be commenced within the
period of 3 years after the commission of the
alleged offence.".

24. Penalty for not delivering accoutrements

In section 96 of the Principal Act—

(a) (b) sub-sections (2) and (3) are repealed. in sub-section (1) omit "and a search warrant the Magistrates' Court Act 1989 to search for all and every the arms ammunition accoutrements horses saddles bridles clothing and other appointments and things whatsoever which are not so delivered over wherever the same are found";

25. New Division 3 of Part 5A inserted

After section 98 of the Principal Act insert—

'Division 3—Search and seizure

99.  What is a relevant offence? In this Division—

Police Regulation and Firearms (Amendment) Act 1999
Act No. 30/1999

"relevant offence" means an offence against any of the following—

(a) section 86(2);
(b) Division 2 of this Part;

(c) section 127A.

100. Entry, search and seizure

(1) A member of the force may enter any place,

and may search for and seize anything that
the member believes on reasonable grounds
may be evidence of the commission of a
relevant offence that is found at that place if
the entry, search and seizure are made—

(a)	with the consent of the occupier of the place; or
(b)	in accordance with a warrant issued under section 100A; or

(c) as provided by section 100D.

(2) The power conferred by this section to seize a thing includes the power—

(a) to remove the thing from the place where it was found; and

(b) to guard the thing at that place; and

(c) to make copies of the whole or any part of the thing.

(3) A member of the force must not enter and

search any place with the consent of the
occupier unless, before the occupier consents
to that entry, the member has informed the
occupier—

(a) of the purpose of the search; and

(b) that the occupier may refuse to give consent to the entry and search or to the

Police Regulation and Firearms (Amendment) Act 1999

s. 25	Act No. 30/1999
seizure of anything found during the search; and

(c) that the occupier may refuse to consent to the making of copies of the whole or any part of anything found during the

search; and

(d) that anything seized during the search may be used in evidence in proceedings.

(4) If an occupier consents to an entry and

search, the member of the force who
requested consent must before entering the
place ask the occupier to sign an
acknowledgment in the prescribed form
stating—

(a)	that the occupier has been informed of the purpose of the search and that anything seized during the search may be used in evidence in proceedings; and
(b)	that the occupier has been informed that he or she may refuse to give consent to the entry and search; and

(c) that the occupier has given consent; and

(d) the date and time that the occupier consented.

(5) If an occupier consents to the seizure of any thing during a search under this section, the member of the force must before seizing the thing ask the occupier to sign an

acknowledgment stating—

(a)	that the occupier has consented to the seizure; and
(b)	the date and time that the occupier consented.

Police Regulation and Firearms (Amendment) Act 1999

Act No. 30/1999 s. 25

(6) An occupier who signs an acknowledgment

must be given a copy of the signed
acknowledgment before the member of the
force leaves the place.

(7) If, in any proceeding, an acknowledgment

signed by the occupier is not produced to the court, it must be presumed, until the contrary is proved, that the occupier did not consent
to the entry and search or to the seizure of

the thing.

100A. Search warrant

(1) A member of the force may apply to a

magistrate for the issue of a search warrant
in relation to a particular place if the member
believes on reasonable grounds that there is,
or may be within the next 72 hours, at that
place a thing, or things of a particular kind,
that may be evidence of the commission of a
relevant offence.

(2) If a magistrate is satisfied by the evidence on

member of the force that there are reasonable
grounds to believe that there is, or may be
within the next 72 hours, at a place a thing,
or things of a particular kind, that may be
evidence of the commission of a relevant
offence, the magistrate may issue a search
warrant, in accordance with the Magistrates'

oath, whether oral or by affidavit, of a the force named in the warrant—

(a)

to enter the place specified in the warrant, if necessary by force; and

(b)

to search for and seize a thing, or things of a particular kind, named or described in the warrant and which the member

believes on reasonable grounds to be

Police Regulation and Firearms (Amendment) Act 1999

s. 25	Act No. 30/1999
evidence of the commission of a relevant offence.

(3) A search warrant issued under this section must state—

(a)	the purpose for which the search is required and the nature of the alleged offence; and
(b)	any condition to which the warrant is subject; and
(c)	whether entry is authorised to be made at any time of the day or night or during stated hours of the day or night; and
(d)	a day, not later than 28 days after the issue of the warrant, on which the warrant ceases to have effect.

(4) Except as provided by this Act, the rules to be observed with respect to search warrants under the Magistrates' Court Act 1989

extend and apply to warrants under this

section.

100B. Announcement before entry

(1) On executing a search warrant, the member executing the warrant—

(a)	must announce that he or she is authorised by the warrant to enter the place; and
(b)	if the member has been unable to obtain unforced entry, must give any person at the place an opportunity to allow entry to the place.

(2) A member need not comply with sub-section

(1) if he or she believes on reasonable
grounds that immediate entry to the place is
required to ensure—

Police Regulation and Firearms (Amendment) Act 1999

Act No. 30/1999 s. 25

(a) the safety of any person; or

(b) that the effective execution of the search warrant is not frustrated.

100C. Details of warrant to be given to occupier

If the occupier or another person who apparently represents the occupier is present at a place 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.

100D. Seizure of things not mentioned in the

warrant

A member of the force executing a search warrant may seize a thing not named or described, or not of a kind named or described, in the warrant if—

(a) the member believes on reasonable grounds that the thing—

(i)  is of a kind that could have been included in a search warrant issued under this Division; or

(ii)

will afford evidence of the offence; and

(b) the member believes on reasonable grounds that it is necessary to seize the thing in order to prevent its concealment, loss or destruction, or its use in committing, continuing or repeating an offence.

100E. Copies of seized documents
Police Regulation and Firearms (Amendment) Act 1999

s. 25 Act No. 30/1999

(1) If a member of the force retains possession of a document seized from a person under this Division (other than a document that is

the property of the State), the member must give the person, within a reasonable time, a copy of the document certified as a true copy
by the member.

(2) A copy of a document certified under sub-

section (1) shall be received in all courts and
tribunals to be evidence of equal validity to
the original.

100F. Retention and return of seized things

(1) If a member of the force seizes a thing under

this Division (other than a thing that is the
property of the State), the member must take
reasonable steps to return it to the person
from whom it was seized if—

(a)	the reason for its seizure no longer exists; and
(b)	the thing is not required, or likely to be required, in connection with any investigation or proposed investigation under Part IV or IVA.

(2) If the thing seized has not been returned within 6 months after it was seized, the member must take reasonable steps to return

it unless—

(a) the thing was retained have commenced
within that 6 month period and those

proceedings for the purpose for which have not been completed; or

(b) an investigation under Part IV or IVA to which the thing is relevant has commenced within that 6 month period

Police Regulation and Firearms (Amendment) Act 1999

Act No. 30/1999	s. 26
and that investigation has not been completed; or
(c)	the Magistrates' Court makes an order under section 100G extending the period during which the thing may be retained.

100G. Magistrates' Court may extend 6 month

period

(1) A member of the force may apply to the Magistrates' Court within 6 months after seizing a thing under this Division for an extension of the period for which the

member may retain the thing.

(2) The Magistrates' Court may order such an extension if satisfied that retention of the thing is necessary—

(a)	for the purposes of an investigation into whether a relevant offence has occurred; or
(b)	to enable evidence of the commission of a relevant offence to be obtained for the purposes of a prosecution; or
(c)	for the purposes of an investigation or proposed investigation under Part IV or IVA.

100H. Things seized may be used in connection with investigations into conduct

A thing seized (whether under this or any other Act) in relation to a relevant offence or an offence punishable by imprisonment may be used in connection with an investigation into the conduct of a member of the force under Part IV or IVA.'.

26. New Division heading inserted

Police Regulation and Firearms (Amendment) Act 1999

s. 28 Act No. 30/1999

Before section 101 of the Principal Act insert—

"Division 4—Imprisonment".

27. New clause 4 of Schedule 1A substituted

In Schedule 1A to the Principal Act for clause 4 substitute—

"4. Procedure of the Board

(1) At a meeting or on a review, the person who must
preside is—

(a) the chairperson; or

(b) if the chairperson is absent, an appointed member elected to preside by the other members present.

(2) At a meeting—

(a) the quorum is 3 members; and

(b)	the decision of the Board is the decision of the majority of votes cast; and
(c)	the person presiding has a deliberative vote and, if voting is equal, a second or casting vote.

(3) On a review—

(a) the quorum is 3 members; and

(b)	the member appointed under section 4D(2)(b) must be present; and
(c)	any question arising is to be decided according to the opinion of a majority of the members present; and
(d)	if the opinions are equally divided, the question is to be decided according to the opinion of the person presiding.

(4) Subject to this Act, the Board may regulate its own proceedings.".

28. Further amendment of Schedule 1A

In Schedule 1A to the Principal Act clause 6 is repealed.

Police Regulation and Firearms (Amendment) Act 1999

Act No. 30/1999

29. Statute law revision

In section 91I of the Principal Act for "section

91F(e)" substitute "section 91F(1)(e)".

_______________
Police Regulation and Firearms (Amendment) Act 1999

s. 30 Act No. 30/1999

PART 3—FIREARMS ACT 1996

No. 66/1996.	30. Definition of "prohibited person"
Reprint No. 2 as at 8 April 1999.
In section 3(1) of the Firearms Act 1996, in the paragraph (c)(ii) after "1991" insert—

"; or

(iii) a supervision order under section 26 of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997—".

31. New section 186A inserted

After section 186 of the Firearms Act 1996 insert—

"186A. Interstate temporary visitor permits

A person who—

(a) ordinarily resides outside Australia; and

(b) holds a permit issued under the law of another State or a Territory of a kind specified in the regulations—

does not commit an offence against section 6
or 7 while acting under and in accordance

with the permit.".

32. Statute law revision

In the Firearms Act 1996—

(a)	in section 3(1) the definition of "pest animal" (where secondly occurring) is repealed;
(b)	in section 158(5) for "member" substitute "a member";
(c)	in sections 174(1) and (2) and 175(2)(a) for "Division" substitute "Part".

Police Regulation and Firearms (Amendment) Act 1999

Act No. 30/1999 s. 32

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Police Regulation and Firearms (Amendment) Act 1999

Notes Act No. 30/1999

NOTES

†

Minister's second reading speech—

Legislative Assembly: 22 April 1999

Legislative Council: 25 May 1999

The long title for the Bill for this Act was "to amend the Police Regulation Act 1958 and the Firearms Act 1996 and for other purposes."