Vagrancy (Repeal) and Summary Offences (Amendment) Act 2005 (Vic)

Vagrancy (Repeal) and Summary Offences (Amendment) Act 2005

Act No. 56/2005

table of provisions

Section  Page

1.Purpose

2.Commencement

3.Repeal of Vagrancy Act 1966

4.New section 19 inserted in Summary Offences Act 1966

19.Obscene exposure

5.New Division 8 of Part I inserted in Summary Offences Act 1966

Division 8—Other Offences

49A.Begging or gathering alms

49B.Loitering with intent to commit an indictable offence

49C.Being disguised with unlawful intent

49D.Possessing housebreaking implements

49E.Escaping from lawful custody

49F.Consorting

6.New section 31B inserted in Crimes Act 1958

31B.Being armed with criminal intent

7.Consequential amendment of Crimes Act 1958

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EndnoteS

Vagrancy (Repeal) and Summary Offences (Amendment) Act 2005

[Assented to 13 September 2005]

The Parliament of Victoria enacts as follows:

1.Purpose

The purpose of this Act is to repeal the Vagrancy Act 1966 and re-enact certain provisions of it in the Summary Offences Act 1966 and the Crimes Act 1958.

2.Commencement

This Act comes into operation on the day after the day on which it receives the Royal Assent.

3.Repeal of Vagrancy Act 1966

The Vagrancy Act 1966 is repealed.

4.New section 19 inserted in Summary Offences Act 1966

After section 18 of the Summary Offences Act 1966 insert—

"19.Obscene exposure

A person must not wilfully and obscenely expose the genital area of his or her body in, or within the view of, a public place.

Penalty:2 years imprisonment.".

5.New Division 8 of Part I inserted in Summary Offences Act 1966

After Division 7 of Part I of the Summary Offences Act 1966 insert—

'Division 8—Other Offences

49A.Begging or gathering alms

(1)A person must not beg or gather alms.

Penalty:12 months imprisonment.

(2)A person must not cause, procure or encourage a child to beg or gather alms.

Penalty:12 months imprisonment.

49B.Loitering with intent to commit an indictable offence

(1)A person who—

(a)is a known or reputed thief or is known or reputed to have committed drug-related offences; and

(b)is loitering in a public place; and

(c)is so loitering with intent to commit an indictable offence; and

(d)while so loitering engages in conduct in the furtherance of the commission of that indictable offence—

is guilty of an offence and liable to a term of imprisonment not exceeding 2 years.

(2)In a proceeding for an offence against sub-section (1), the informant may give or produce evidence—

(a)to prove that the defendant is a known or reputed thief or is known or reputed to have committed drug-related offences; or

(b)to rebut any evidence (including evidence as to general character) given by or on behalf of the defendant.

49C.Being disguised with unlawful intent

A person must not with unlawful intent—

(a)be disguised or have a blackened face; or

(b)have an article of disguise in his or her custody or possession.

Penalty:2 years imprisonment.

49D.Possessing housebreaking implements

(1)A person must not, without lawful excuse, have an implement of housebreaking in his or her custody or possession.

Penalty:2 years imprisonment.

(2)The defendant bears the burden of proving lawful excuse for having custody or possession of any implement to which a charge of an offence against sub-section (1) relates.

49E.Escaping from lawful custody

A person must not escape or attempt to escape from—

(a)any place in which he or she is being lawfully detained; or

(b)any person in whose legal custody he or she is or by whom he or she is being lawfully detained.

Penalty:2 years imprisonment.

49F.Consorting

(1)A person must not, without reasonable excuse, habitually consort with a person who has been found guilty of, or who is reasonably suspected of having committed, an organised crime offence.

Penalty:2 years imprisonment.

(2)The defendant bears the burden of proving reasonable excuse for habitual consorting to which a charge of an offence against sub‑section (1) relates.

(3)In this section—

"organised crime offence" means an indictable offence against the law of Victoria, irrespective of when the offence was or is suspected to have been committed, that is punishable by level 5 imprisonment (10 years maximum) or more and that—

(a)involves 2 or more offenders; and

(b)involves substantial planning and organisation; and

(c)forms part of systemic and continuing criminal activity; and

(d)has a purpose of obtaining profit, gain, power or influence.'.

6.New section 31B inserted in Crimes Act 1958

After section 31A of the Crimes Act 1958 insert—

'31B.Being armed with criminal intent

(1)In this section—

"controlled weapon" has the same meaning as in the Control of Weapons Act 1990;

"firearm" has the same meaning as in the Firearms Act 1996;

"imitation firearm" has the same meaning as in section 29;

"prohibited weapon" has the same meaning as in the Control of Weapons Act 1990.

(2)A person who, with criminal intent, is armed with a firearm, an imitation firearm, a prohibited weapon or a controlled weapon is guilty of an indictable offence.

Penalty:Level 6 imprisonment (5 years maximum).'.

7.Consequential amendment of Crimes Act 1958

In section 60B(2) of the Crimes Act 1958—

(a)for paragraph (a)(iii) substitute—

"(iii)an offence against section 19 of the Summary Offences Act 1966; or";

(b)in paragraph (b)(ii) for "Vagrancy Act 1966" substitute "Summary Offences Act 1966".

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EndnoteS

Minister's second reading speech—

Legislative Assembly: 21 July 2005

Legislative Council: 6 September 2005

The long title for the Bill for this Act was "to repeal the Vagrancy Act 1966 and re-enact certain provisions of it in the Summary Offences Act 1966 and the Crimes Act 1958 and for other purposes."