Justice Legislation Amendment Act 2015
No. 20 of 2015
TABLE OF PROVISIONS
Section
Page
Part 1—Preliminary
1
2
1
Purposes
Commencement
1
4
Part 2—Amendment of Confiscation Act 1997
3
4
5
6
7
Unexplained wealth restraining orders
Registration of interstate orders
Charge on property subject to registered interstate restraining
order
Provision of legal aid
Change of references to Department of Justice
Part 3—Amendment of Control of Weapons Act 1990
8 Control of controlled weapons
9 Infringement penalty
10 Planned designation of search area
Part 4—Amendment of Emergency Management Legislation
11 New section 76A inserted
12 Responsible entity to conduct audit
6
6
6
6
7
7
8
8
8
8
9
9
10
Part 5—Amendment of Sex Offenders Registration Act 2004
11
13 Definitions
14 Register of Sex Offenders
15 Person with access to Register not to disclose personal
information from it
11
11
11
Part 6—Repeal of Magistrates' Court Amendment (Assessment
and Referral Court List) Act 2010
12
16 Repeal of Magistrates' Court Amendment (Assessment and
Referral Court List) Act 2010
12
Part 7—Amendment of Victorian Civil and Administrative
Tribunal Act 1998
17 Application fee
18 Reduction, waiver, postponement, remission or refund of fees
i
13
13
13
Section
Page
19 Regulations
20 Schedule 2—Subject matter for rules amended
Part 8—Amendment of Crimes Act 1958
21
22
23
24
Assaults
Further explanation of theft
Section 319A definitions
New section 627 inserted
17
17
17
17
17
Part 9—Amendment of Working with Children Act 2005
25
26
27
28
29
30
14
16
Category B application
Determination of re-assessment—category B
Determination of re-assessment—category C
Revocation powers on failure to provide information
New clause 9A inserted in Schedule 2
Clause 14A of Schedule 2 amended
Part 10—Amendment of Family Violence Protection Amendment
Act 2014
31 Amendment of default commencement date
32 Repeal of amending Act
Part 11—Amendment of Crimes (Mental Impairment and
Unfitness to be Tried) Act 1997
33 Variation of custodial supervision orders
34 Variation of custodial supervision orders on application or
review
35 Court must order report as to supervision
36 Contents of report
37 Victim impact statements
Part 12—Amendment of Corrections Act 1986
38 Agreements with the Chief Commissioner
39 Validation—Justice Legislation Amendment Act 2015
Part 13—Amendment of Working with Children Amendment
(Ministers of Religion and Other Matters) Act 2014
40 What is child-related work?
19
19
19
19
19
19
20
21
21
21
22
22
22
22
22
22
23
23
23
25
25
Part 14—Amendment of Road Legislation Amendment Act 2013
41 New section 7A inserted
26
26
Part 15—Amendment of other Acts
28
Division 1—Miscellaneous amendments
28
42 Criminal Procedure Act 2009—Schedule 3
43 Coroners Act 2008—Appointment of coroners
ii
28
28
Section
Page
44 Magistrates' Court Act 1989—Limitation of jurisdiction of the
Supreme Court
45 Personal Safety Intervention Orders Act 2010—Definitions
46 Sentencing Amendment (Historical Homosexual Convictions
Expungement) Act 2014
Division 2—Statute law revision amendments
47 Administration and Probate Act 1958—Charges on property of
deceased to be paid primarily out of the property charged
48 Children, Youth and Families Amendment (Permanent Care and
Other Matters) Act 2014
49 Crimes Act 1958—Fingerscanning for identification purposes
50 Crimes Amendment (Sexual Offences and Other Matters) Act
2014
51 Family Violence Protection Amendment Act 2014
52 Fines Reform Act 2014
53 Powers of Attorney Act 2014
54 Sentencing Act 1991
55 Sentencing Amendment (Historical Homosexual Convictions
Expungement) Act 2014
Division 3—Amendments relating to complicity
56 Amendments relating to complicity—Schedule 1
Part 16—Amendments to the Firearms Act 1996
57 Requirement to notify Chief Commissioner of persons
employed in business or change of nominated person
58 Non-prohibited persons who are exempt from requirement to
hold a licence under Part 2
Part 17—Repeal of amending Act
28
28
28
29
29
29
29
29
30
30
30
30
30
31
31
32
32
32
33
59 Repeal of amending Act
33
Schedule 1—Amendments relating to complicity
34
═══════════════
Endnotes
1
37
General information
37
iii
Victoria
Justice Legislation Amendment Act
2015†
No. 20 of 2015
[Assented to 16 June 2015]
The Parliament of Victoria enacts:
Part 1—Preliminary
1 Purposes
The main purposes of this Act are—
(a) to amend the Confiscation Act 1997—
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Justice Legislation Amendment Act 2015
No. 20 of 2015
Part 1—Preliminary
(i) to provide that a court, when making an
unexplained wealth restraining order,
may direct a person holding a
prescribed position within the
Department of Justice and Regulation
to take control of some or all of the
property specified in the order; and
(ii) to provide for the registration of an
interstate forfeiture order or interstate
restraining order made by a person or
body other than a court; and
(b) to amend the Control of Weapons Act 1990
to provide that disposable knives designed
for eating purposes are not controlled
weapons for the purposes of the offences set
out in section 6(1AA) and (1AB) and to
make other amendments; and
(c) to amend the Emergency Management Act
2013 to provide for regulation making
powers in relation to the incorporation of
documents and matters of variation and
application; and
(d) to amend the Sex Offenders Registration
Act 2004—
(i) to allow the Chief Commissioner of
Police to arrange for another entity to
establish and maintain the Register of
Sex Offenders; and
(ii) to allow information from the Register
of Sex Offenders to be disclosed to the
CrimTrac Agency for inclusion on the
Australian National Child Offender
Register; and
(e) to repeal the Magistrates' Court
Amendment (Assessment and Referral
Court List) Act 2010; and
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Part 1—Preliminary
(f) to amend the Victorian Civil and
Administrative Tribunal Act 1998 to
further provide for regulation making powers
and powers of the principal registrar in
relation to fees; and
(g) to amend the Crimes Act 1958—
(i) to clarify the offence of assaulting a
person who is assisting an emergency
worker; and
(ii) to extend the application of
section 73(14) (which deals with the
use of a motor vehicle without the
permission of the owner) to vessels
within the meaning of the Marine
Safety Act 2010; and
(iii) to define a failure to keep under control
a dangerous, menacing or restricted
breed dog; and
(h) to amend the Working with Children Act
2005 to provide that certain offences are
category B offences for the purposes of that
Act; and
(i) to amend the Family Violence Protection
Amendment Act 2014 to defer the default
commencement date of that Act; and
(j) to amend the Crimes (Mental Impairment
and Unfitness to be Tried) Act 1997 to
reflect that a custodial supervision order may
not be revoked and to provide for
consistency of references to the Children's
Court; and
(k) to amend the Corrections Act 1986 to
ensure that patients within the meaning of
the Mental Health Act 2014 may be
transported from a court or police gaol to a
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Part 1—Preliminary
court, police gaol or designated mental
health service; and
(l) to amend the Working with Children
Amendment (Ministers of Religion and
Other Matters) Act 2014 to ensure that
amendments made by section 9 of that Act
operate as intended; and
(m) to amend the Road Legislation
Amendment Act 2013 to clarify that the
new Part 4 of the Road Safety Act 1986
applies to demerit points whether incurred
before or after the commencement of the
Road Legislation Amendment Act 2013;
and
(n) to amend the Firearms Act 1996 to lower
the minimum age for participation in
paintball activities from 18 to 16 and make
other amendments to the requirements
imposed on operators of paintball ranges;
and
(o) to make miscellaneous amendments to
various Acts.
2 Commencement
(1) This Part, Part 4 and Part 14 come into operation
on the day on which this Act receives the Royal
Assent.
(2) Part 13 is taken to have come into operation on
25 October 2014.
(3) The remaining provisions of this Act (except
Part 6, Part 7 and Part 16) come into operation on
the day after the day on which this Act receives
the Royal Assent.
(4) Part 6 comes into operation on 1 July 2015.
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Part 1—Preliminary
(5) Subject to subsections (6) and (7), Part 7 and
Part 16 come into operation on a day or days to
be proclaimed.
(6) If a provision of Part 7 does not come into
operation before 1 July 2017, it comes into
operation on that day.
(7) If a provision of Part 16 does not come into
operation before 1 July 2016, it comes into
operation on that day.
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Part 2—Amendment of Confiscation Act 1997
Part 2—Amendment of Confiscation
Act 1997
3 Unexplained wealth restraining orders
For section 40C(3) of the Confiscation Act 1997
substitute—
"(3) If the court, when making an unexplained
wealth restraining order, considers that the
circumstances so require, the order may
direct one of the following to take control of
some or all of the property specified in the
order—
(a) a trustee specified in the order;
(b) a person holding a prescribed position
within the Department of Justice and
Regulation.".
4 Registration of interstate orders
After section 125(5) of the Confiscation Act 1997
insert—
"(6) For the purposes of this section, a reference
to a court is to be read as including a
reference to any body or person who, under a
corresponding law of the relevant
jurisdiction, may make an interstate
forfeiture order or interstate restraining
order.".
5 Charge on property subject to registered interstate
restraining order
In section 129(1)(a) of the Confiscation Act
1997, omit "in reliance on the charging, or the
proposed charging of a person with, or the
conviction of a person of, an interstate offence,".
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Part 2—Amendment of Confiscation Act 1997
6 Provision of legal aid
In section 143(5) of the Confiscation Act 1997,
omit "47C,".
7 Change of references to Department of Justice
In section 3(1), in the definition of Secretary,
and sections 3(2), 14(3)(b) and 36H(3)(b) of the
Confiscation Act 1997 after "Justice" insert
"and Regulation".
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Part 3—Amendment of Control of Weapons Act 1990
Part 3—Amendment of Control of Weapons
Act 1990
8 Control of controlled weapons
After section 6(1AB) of the Control of Weapons
Act 1990 insert—
"(1AC) For the purposes of subsections (1AA)
and (1AB), a controlled weapon does not
include a disposable knife made of plastic,
bamboo or wood and designed for eating
purposes.".
9 Infringement penalty
In section 11C of the Control of Weapons Act
1990, for "amount payable for an alleged offence
for which an infringement notice may be served"
substitute "infringement penalty for an
infringement offence referred to in section 11B".
10 Planned designation of search area
(1) Section 10D(5)(b) of the Control of Weapons
Act 1990 is repealed.
(2) After section 10D(5) of the Control of Weapons
Act 1990 insert—
"(5A) In addition to subsection (5)—
(a) the notice, as published in the
Government Gazette, must include a
map of the designated area; and
(b) the notice, as published in a newspaper,
must include a map of the designated
area or the address of a Government
Internet website at which a map of the
designated area is published.".
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Part 4—Amendment of Emergency Management Legislation
Part 4—Amendment of Emergency
Management Legislation
11 New section 76A inserted
After section 76 of the Emergency Management
Act 2013 insert—
"76A Additional regulation making powers
(1) Regulations made under section 76 may
apply, adopt or incorporate by reference any
document formulated or published by a
person or body, whether—
(a) without modification or as modified by
the regulations; or
(b) as formulated or published on or before
the date when the regulations are made;
or
(c) as formulated or published from time to
time.
(2) Regulations made under section 76 may be
made—
(a) so as to apply—
(i) at all times or at a specified time;
or
(ii) throughout the whole of the State
or in a specified part of the State;
(b) so as to require a matter affected by the
regulations to be—
(i) in accordance with a specified
standard or a specified
requirement; or
(ii) approved by or to the satisfaction
of a specified person;
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Part 4—Amendment of Emergency Management Legislation
(c) so as to confer a discretionary authority
on a specified person;
(d) so as to provide, in a specified case or
class of case, for the exemption of
persons or things or a class of persons
or a class of things from any of the
provisions of the regulations—
(i) whether unconditionally or on
specified conditions; and
(ii) either wholly or to the extent
specified in the regulations.".
12 Responsible entity to conduct audit
In section 3 of the Emergency Management
Amendment (Critical Infrastructure
Resilience) Act 2014 in proposed section 74S(2)
of the Emergency Management Act 2013, for
"responsible authority" substitute "responsible
entity".
10
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Part 5—Amendment of Sex Offenders Registration Act 2004
Part 5—Amendment of Sex Offenders
Registration Act 2004
13 Definitions
In section 3 of the Sex Offenders Registration
Act 2004, in the definition of Register, after
"established" insert ", or arranged to be
established,".
14 Register of Sex Offenders
In section 62(1) of the Sex Offenders
Registration Act 2004, after "establish and
maintain" insert ", or arrange for another entity to
establish and maintain,".
15 Person with access to Register not to disclose
personal information from it
After section 64(2) of the Sex Offenders
Registration Act 2004 insert—
"(3) Despite subsection (1), the Chief
Commissioner of Police or a person
authorised to have access to the Register or
any part of the Register may disclose
personal information in the Register to the
CrimTrac Agency for entry on the Australian
National Child Offender Register.
(4) In this section—
CrimTrac Agency means the Executive
Agency known as CrimTrac and
established by the Governor-General by
order under section 65 of the Public
Service Act 1999 of the
Commonwealth.".
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Part 6—Repeal of Magistrates' Court Amendment (Assessment and Referral
Court List) Act 2010
Part 6—Repeal of Magistrates' Court
Amendment (Assessment and Referral Court
List) Act 2010
16 Repeal of Magistrates' Court Amendment
(Assessment and Referral Court List) Act 2010
The Magistrates' Court Amendment
(Assessment and Referral Court List) Act 2010
is repealed.
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Part 7—Amendment of Victorian Civil and Administrative Tribunal Act
1998
Part 7—Amendment of Victorian Civil and
Administrative Tribunal Act 1998
17 Application fee
(1) After section 68(3) of the Victorian Civil and
Administrative Tribunal Act 1998 insert—
"(3A) Subsection (3) does not apply in respect of
an application for which payment of the fee
is postponed.".
(2) In section 68(4)(c) of the Victorian Civil and
Administrative Tribunal Act 1998 for
"waiver or reduction" substitute "reduction,
waiver or postponement".
(3) After section 68(4) of the Victorian Civil and
Administrative Tribunal Act 1998 insert—
"(5) Despite subsections (3) and (4), in the case
of a fee which has been postponed, the
Tribunal may make an order striking out the
proceeding if the postponed fee is not paid
by the date specified for payment when it
was postponed.".
18 Reduction, waiver, postponement, remission or
refund of fees
(1) Insert the following heading to section 132 of the
Victorian Civil and Administrative Tribunal
Act 1998—
"Reduction, waiver, postponement, remission
or refund of fees".
(2) For section 132(1) of the Victorian Civil and
Administrative Tribunal Act 1998 substitute—
"(1) The principal registrar in any case may
reduce, waive, postpone, remit or refund any
fee payable under this Act or the regulations
if the principal registrar considers that the
payment of the fee would cause the person
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Part 7—Amendment of Victorian Civil and Administrative Tribunal Act
1998
responsible for its payment financial
hardship or on any other prescribed ground
in the regulations.
(1A) If a fee or charge for services provided by
the Tribunal of a kind not referred to in
subsection (1) is payable, the principal
registrar, on application, may reduce, waive,
postpone, remit or refund the fee or charge if
the principal registrar considers the payment
of the fee or charge would cause the person
responsible for its payment financial
hardship or on any other prescribed ground
in the regulations.
(3) In section 132(2) of the Victorian Civil and
Administrative Tribunal Act 1998 for
"waived or reduced" (where twice occurring)
substitute "reduced, waived, postponed, remitted
or refunded".
(4) In section 132(2) of the Victorian Civil and
Administrative Tribunal Act 1998, after
"subsection (1)" insert "or subsection (1A)".
19 Regulations
(1) For section 161(2)(c) of the Victorian Civil and
Administrative Tribunal Act 1998 substitute—
"(c) may provide in a specified case or class of
case for the exemption of any proceeding,
person or thing or a class of proceeding,
person or thing from any of the provisions of
the regulations, whether—
(i) unconditionally or on specified
conditions; and
(ii) either wholly or to such an extent as is
specified; and
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Part 7—Amendment of Victorian Civil and Administrative Tribunal Act
1998
(d) may confer a discretionary authority or
impose a duty on any member or a specified
class of member or on the principal registrar;
and
(e) may leave any matter or thing dealt with by
or in accordance with the regulations to be
decided by a member or a specified class of
member or by the principal registrar.".
(2) In section 161(3)(a) of the Victorian Civil and
Administrative Tribunal Act 1998, after
"proceedings" insert "or different classes of
party".
(3) In section 161(3)(d) of the Victorian Civil and
Administrative Tribunal Act 1998 for "be paid."
substitute "be paid;".
(4) After section 161(3)(d) of the Victorian Civil and
Administrative Tribunal Act 1998 insert—
"(e) may provide for the reduction, waiver,
postponement, remission or refund, in whole
or in part, of any fee; and
(f) may provide, in specified circumstances, for
the reinstatement or payment, in whole or in
part, of any fee which was reduced, waived,
postponed, remitted or refunded by or in
accordance with the regulations.".
(5) After section 161(3) of the Victorian Civil and
Administrative Tribunal Act 1998 insert—
"(4) If the regulations provide for a remission or
refund of a fee fixed under subsection (3)—
(a) if the fee has been paid into the
Consolidated Fund, the Consolidated
Fund is, to the necessary extent,
appropriated accordingly to enable any
remission or refund to be paid; or
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Part 7—Amendment of Victorian Civil and Administrative Tribunal Act
1998
(b) if the fee has been paid into another
fund or account, the fee may be
refunded from that fund or account.".
20 Schedule 2—Subject matter for rules amended
At the end of Schedule 2 to the Victorian Civil
and Administrative Tribunal Act 1998 insert—
"Form, content and procedure for the
reduction, waiver, postponement, remission,
refund, reinstatement or payment in whole or
in part, of any fee fixed by or in accordance
with the regulations or reduced, waived,
postponed, remitted or refunded under
section 132, including providing for different
periods for payment and postponement by
the principal registrar in relation to
proceedings under different enabling
enactments.".
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No. 20 of 2015
Part 8—Amendment of Crimes Act 1958
Part 8—Amendment of Crimes Act 1958
21 Assaults
In section 31(1)(ba) of the Crimes Act 1958, after
"person was" insert "assisting".
22 Further explanation of theft
After section 73(14) of the Crimes Act 1958
insert—
"(15) In this section—
motor vehicle includes vessel, whether or not
the vessel is powered by a motor;
vessel has the same meaning as in the
Marine Safety Act 2010.".
23 Section 319A definitions
In section 319A of the Crimes Act 1958—
(a) the definition of control is repealed;
(b) insert the following definition—
"failure to keep under control, in relation to
a dangerous dog, menacing dog or
restricted breed dog, includes a failure
to comply with any of the requirements
under sections 26(1), 28, 29, 38, 39, 40,
41, 41E, 41F(1)(a), 41G, 41H, 41HA
and 41I of the Domestic Animals Act
1994;".
24 New section 627 inserted
After section 626 of the Crimes Act 1958
insert—
"627 Transitional provision—Justice
Legislation Amendment Act 2015
(1) The amendments made to this Act by
section 22 of the Justice Legislation
Amendment Act 2015 apply only to
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Part 8—Amendment of Crimes Act 1958
offences alleged to have been committed on
or after the commencement of that section.
(2) For the purposes of subsection (1), if an
offence is alleged to have been committed
between 2 dates, one before and one on or
after the commencement of section 22 of the
Justice Legislation Amendment Act 2015,
the offence is alleged to have been
committed before that commencement.".
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Justice Legislation Amendment Act 2015
No. 20 of 2015
Part 9—Amendment of Working with Children Act 2005
Part 9—Amendment of Working with
Children Act 2005
25 Category B application
In section 13(1)(b) of the Working with
Children Act 2005, for "clause 2, 8 or 9"
substitute "clause 2, 8, 9 or 14A".
26 Determination of re-assessment—category B
In section 21AC(1) of the Working with
Children Act 2005, for "clause 2, 8 or 9"
(wherever occurring) substitute "clause 2, 8, 9
or 14A".
27 Determination of re-assessment—category C
In section 21AD(1)(b) of the Working with
Children Act 2005, for "clause 2, 8 or 9"
substitute "clause 2, 8, 9 or 14A".
28 Revocation powers on failure to provide information
In section 21A(1) of the Working with Children
Act 2005, for "reassessed" substitute
"re-assessed".
29 New clause 9A inserted in Schedule 2
After clause 9 of Schedule 2 to the Working with
Children Act 2005 insert—
"9A An offence against section 49C or 327 of the
Crimes Act 1958 or an offence under a law
of a jurisdiction other than Victoria that, if it
had been committed in Victoria, would have
constituted an offence against section 49C
or 327 of that Act.".
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Justice Legislation Amendment Act 2015
No. 20 of 2015
Part 9—Amendment of Working with Children Act 2005
30 Clause 14A of Schedule 2 amended
In clause 14A of Schedule 2 to the Working
with Children Act 2005, after "1966" insert
"or an offence under a law of a jurisdiction other
than Victoria that, if it had been committed in
Victoria, would have constituted an offence against
section 41DA or 41DB of that Act".
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Part 10—Amendment of Family Violence Protection Amendment Act 2014
Part 10—Amendment of Family Violence
Protection Amendment Act 2014
31 Amendment of default commencement date
In section 2(2) of the Family Violence Protection
Amendment Act 2014, for "18 September 2015"
substitute "1 July 2016".
32 Repeal of amending Act
In section 28 of the Family Violence Protection
Amendment Act 2014, for "18 September 2016"
substitute "1 July 2017".
21
Justice Legislation Amendment Act 2015
No. 20 of 2015
Part 11—Amendment of Crimes (Mental Impairment and Unfitness to be
Tried) Act 1997
Part 11—Amendment of Crimes (Mental
Impairment and Unfitness to be Tried)
Act 1997
33 Variation of custodial supervision orders
In section 32(5) of the Crimes (Mental
Impairment and Unfitness to be Tried) Act
1997, for "Unless the court revokes the order, the
court" substitute "The court".
34 Variation of custodial supervision orders on
application or review
In section 38ZO(3) of the Crimes (Mental
Impairment and Unfitness to be Tried) Act
1997, for "Unless the court revokes the order, the
court" substitute "The court".
35 Court must order report as to supervision
In section 38ZR of the Crimes (Mental
Impairment and Unfitness to be Tried) Act
1997, for "a court" substitute "the Children's
Court".
36 Contents of report
In section 38ZT(1)(c) of the Crimes (Mental
Impairment and Unfitness to be Tried) Act
1997, for "the court" substitute "the Children's
Court".
37 Victim impact statements
In section 38ZW(1) of the Crimes (Mental
Impairment and Unfitness to be Tried) Act
1997, for "a court" substitute "the Children's
Court".
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Justice Legislation Amendment Act 2015
No. 20 of 2015
Part 12—Amendment of Corrections Act 1986
Part 12—Amendment of Corrections
Act 1986
38 Agreements with the Chief Commissioner
In section 9AA(1)(b)(iii) of the Corrections Act
1986, after "or a designated mental health service"
insert "or from a court or a police gaol to a court
or a police gaol or a designated mental health
service".
39 Validation—Justice Legislation Amendment Act
2015
After section 112C of the Corrections Act 1986
insert—
"112D Validation—Justice Legislation
Amendment Act 2015
(1) In this section—
relevant period means the period starting on
1 July 2014 and ending on the day that
section 38 of the Justice Legislation
Amendment Act 2015 comes into
operation.
(2) The transport of a person, and detention of
that person while being transported, during
the relevant period from a court or police
gaol to a court, police gaol or a designated
mental health service and the exercise of any
function or power related to that transport
and detention have, and are taken always to
have had, the same force and effect as they
would have had if section 9AA(1)(b)(iii) as
amended by section 38 of the Justice
Legislation Amendment Act 2015 were in
force during the relevant period.
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Part 12—Amendment of Corrections Act 1986
(3) An instrument of authorisation referred to in
section 9A(1B) made or purported to have
been made by the Chief Commissioner
during the relevant period has, and is taken
always to have had, the same force and effect
as it would have had if section 9AA(1)(b)(iii)
as amended by section 38 of the Justice
Legislation Amendment Act 2015 were in
force during the relevant period.".
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Justice Legislation Amendment Act 2015
No. 20 of 2015
Part 13—Amendment of Working with Children Amendment (Ministers of
Religion and Other Matters) Act 2014
Part 13—Amendment of Working with
Children Amendment (Ministers of Religion
and Other Matters) Act 2014
40 What is child-related work?
In section 9(1) of the Working with Children
Amendment (Ministers of Religion and Other
Matters) Act 2014, after "Principal Act" insert
", except the example and notes,".
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No. 20 of 2015
Part 14—Amendment of Road Legislation Amendment Act 2013
Part 14—Amendment of Road Legislation
Amendment Act 2013
41 New section 7A inserted
After section 7 of the Road Legislation
Amendment Act 2013 insert—
'7A New section 103ZHB inserted
After section 103ZHA of the Road Safety
Act 1986 insert—
"103ZHB Transitional provision—Road
Legislation Amendment Act 2013
(1) In this section, commencement day
means the day on which section 4 of the
Road Legislation Amendment Act
2013 comes into operation.
(2) Part 4 of this Act applies to demerit
points whether the demerit points are
incurred before or after the
commencement day.
(3) Without limiting the generality of
subsection (2)—
(a) in sections 36(1) and 46A, a
reference to demerit points that a
person incurs includes any demerit
points incurred by the person
before the commencement day;
and
(b) in section 37(1), a reference to
further demerit points that a
person incurs includes any demerit
points incurred by the person after
the earlier notice is issued but
before the commencement day;
and
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Part 14—Amendment of Road Legislation Amendment Act 2013
(c) in sections 39(1) and 40(1), a
reference to additional demerit
points that a person incurs
includes any demerit points
incurred by the person within the
extended demerit point period but
before the commencement day.".'.
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Part 15—Amendment of other Acts
Part 15—Amendment of other Acts
Division 1—Miscellaneous amendments
42 Criminal Procedure Act 2009—Schedule 3
In Schedule 3 to the Criminal Procedure Act
2009, after item 38 insert—
"39 A person authorised under section 31(1) of
the Heavy Vehicle National Law
Application Act 2013 to commence a
proceeding for an offence against the Heavy
Vehicle National Law (Victoria).".
43 Coroners Act 2008—Appointment of coroners
In section 94(3)(b)(ii) of the Coroners Act 2008,
for "an acting" substitute "a".
44 Magistrates' Court Act 1989—Limitation of
jurisdiction of the Supreme Court
Section 139A(2) of the Magistrates' Court Act
1989 is repealed.
45 Personal Safety Intervention Orders Act 2010—
Definitions
In section 4 of the Personal Safety Intervention
Orders Act 2010, for the definition of working
day substitute—
"working day, in relation to a court, means a day
other than a Saturday, a Sunday or a day
appointed as a public holiday under the
Public Holidays Act 1993.".
46 Sentencing Amendment (Historical Homosexual
Convictions Expungement) Act 2014
In section 3 of the Sentencing Amendment
(Historical Homosexual Convictions
Expungement) Act 2014, in proposed
section 105(3) of the Sentencing Act 1991, for
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Part 15—Amendment of other Acts
"his or her death" substitute "the deceased
person's death".
Division 2—Statute law revision amendments
47 Administration and Probate Act 1958—Charges on
property of deceased to be paid primarily out of the
property charged
In section 40(1) of the Administration and
Probate Act 1958, for "by and" substitute "and".
48 Children, Youth and Families Amendment
(Permanent Care and Other Matters) Act 2014
In section 154 of the Children, Youth and
Families Amendment (Permanent Care and
Other Matters) Act 2014, in clause 16(3) in
proposed Schedule 5 to the Children, Youth and
Families Act 2005, for "section" substitute
"clause".
49 Crimes Act 1958—Fingerscanning for identification
purposes
In section 464NA(4)(a) of the Crimes Act 1958,
for "police officer or" substitute "police officer of
or".
50 Crimes Amendment (Sexual Offences and Other
Matters) Act 2014
(1) In section 30(b) of the Crimes Amendment
(Sexual Offences and Other Matters) Act 2014,
in proposed paragraph (cc) in the definition of
sexual offence in section 1.1.3(1) of the
Education and Training Reform Act 2006, for
"38A" substitute "section 38A".
(2) In section 31 of the Crimes Amendment
(Sexual Offences and Other Matters) Act 2014,
in proposed item 2 of Schedule 2 to the Liquor
Control Reform Act 1998, for "38A" substitute
"section 38A".
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Part 15—Amendment of other Acts
(3) In section 33(4)(c) of the Crimes Amendment
(Sexual Offences and Other Matters) Act 2014,
after "and 9," insert "for".
51 Family Violence Protection Amendment Act 2014
In section 8 of the Family Violence Protection
Amendment Act 2014, in proposed section
56A(2) of the Family Violence Protection Act
2008—
(a) for "() whether the affected" substitute
"(e) whether the affected";
(b) for "() whether the giving" substitute
"(f) whether the giving";
(c) for "() the existence" substitute "(g) the
existence".
52 Fines Reform Act 2014
(1) In section 262(2) of the Fines Reform Act 2014,
for "219A(3)" substitute "section 219A(3)".
(2) In section 315 of the Fines Reform Act 2014, for
"Fines Reform Act 2014." substitute "Fines
Reform Act 2014".
53 Powers of Attorney Act 2014
In section 163(2) of the Powers of Attorney Act
2014, in proposed section 35(3) of the Trustee
Act 1958, for '"power' substitute "power".
54 Sentencing Act 1991
In section 10A(2A)(b) of the Sentencing Act
1991, for "prision" substitute "prison".
55 Sentencing Amendment (Historical Homosexual
Convictions Expungement) Act 2014
(1) In section 3 of the Sentencing Amendment
(Historical Homosexual Convictions
Expungement) Act 2014, in paragraph (b) of the
definition of applicant in proposed section 105(1)
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Part 15—Amendment of other Acts
of the Sentencing Act 1991, for "with the
meaning" substitute "within the meaning".
(2) In section 3 of the Sentencing Amendment
(Historical Homosexual Convictions
Expungement) Act 2014, in paragraph (d) of the
definition of appropriate representative, in
proposed section 105(1) of the Sentencing Act
1991, for "18 years;" substitute "18 years; or".
(3) In section 3 of the Sentencing Amendment
(Historical Homosexual Convictions
Expungement) Act 2014, in paragraph (f) of the
definition of appropriate representative, in
proposed section 105(1) of the Sentencing Act
1991, for "person;" substitute "person; or".
Division 3—Amendments relating to complicity
56 Amendments relating to complicity—Schedule 1
An Act specified in the heading to an item in
Schedule 1 is amended as set out in that item.
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Part 16—Amendments to the Firearms Act 1996
Part 16—Amendments to the Firearms
Act 1996
57 Requirement to notify Chief Commissioner of
persons employed in business or change of
nominated person
(1) For section 75(4)(b)(ii) of the Firearms Act 1996
substitute—
"(ii) subject to subsection (5), a full set of the
person's fingerprints.".
(2) After section 75(4) of the Firearms Act 1996
insert—
"(5) A notice under this section is not required to
be accompanied by the person's fingerprints
if the person is employed solely for the
purpose of officiating at a paintball game.".
58 Non-prohibited persons who are exempt from
requirement to hold a licence under Part 2
In Column 1 of item 6A of Schedule 3 to the
Firearms Act 1996, for "18 years" substitute
"16 years".
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Part 17—Repeal of amending Act
Part 17—Repeal of amending Act
59 Repeal of amending Act
This Act is repealed on 1 July 2018.
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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Schedule 1—Amendments relating to complicity
Schedule 1—Amendments relating to
complicity
Section 56
1 Agricultural and Veterinary Chemicals (Control of
Use) Act 1992
For section 72A(6) substitute—
"(6) This section does not affect the operation of
Subdivision (1) of Division 1 of Part II of the
Crimes Act 1958.".
2 ANZAC Day Act 1958
For section 5E(6) substitute—
"(6) This section does not affect the operation of
Subdivision (1) of Division 1 of Part II of the
Crimes Act 1958.".
3 Dairy Act 2000
For section 55A(6) substitute—
"(6) This section does not affect the operation of
Subdivision (1) of Division 1 of Part II of the
Crimes Act 1958.".
4 Electoral Act 2002
For section 179A(6) substitute—
"(6) This section does not affect the operation of
Subdivision (1) of Division 1 of Part II of the
Crimes Act 1958.".
5 Family Violence Protection Act 2008
In section 125 for "section 323" substitute
"Subdivision (1) of Division 1 of Part II".
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Schedule 1—Amendments relating to complicity
6 Food Act 1984
For section 51A(6) substitute—
"(6) This section does not affect the operation of
Subdivision (1) of Division 1 of Part II of the
Crimes Act 1958.".
7 Gambling Regulation Act 2003
In section 4.5.31(2), for "the Magistrates' Court
Act 1989, a person does not aid, abet, counsel or
procure" substitute "Subdivision (1) of Division 1
of Part II of the Crimes Act 1958, a person is not
involved in".
8 Gene Technology Act 2001
(1) In section 189(4), omit ", or that may be dealt
with and punished under, section 52 of the
Magistrates' Court Act 1989 or".
(2) At the foot of section 189 insert—
"Note
A person who is involved in the commission of an offence
referred to in section 188 is taken to have committed the
offence. See Subdivision (1) of Division 1 of Part II of the
Crimes Act 1958 which deals with complicity in the
commission of offences.".
9 Liquor Control Reform Act 1998
For section 53A(6) substitute—
"(6) This section does not affect the operation of
Subdivision (1) of Division 1 of Part II of the
Crimes Act 1958.".
10 Shop Trading Reform Act 1996
For section 8A(6) substitute—
"(6) This section does not affect the operation of
Subdivision (1) of Division 1 of Part II of the
Crimes Act 1958.".
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Schedule 1—Amendments relating to complicity
11 Surveillance Devices Act 1999
For section 32(6) substitute—
"(6) This section does not affect the operation of
Subdivision (1) of Division 1 of Part II of the
Crimes Act 1958.".
12 Taxation Administration Act 1997
For section 130A(6) substitute—
"(6) This section does not affect the operation of
Subdivision (1) of Division 1 of Part II of the
Crimes Act 1958.".
13 Unclaimed Money Act 2008
For section 26A(6) substitute—
"(6) This section does not affect the operation of
Subdivision (1) of Division 1 of Part II of the
Crimes Act 1958.".
14 Victoria Police Act 2013
For section 260(5) substitute—
"(5) This section does not affect the operation of
Subdivision (1) of Division 1 of Part II of the
Crimes Act 1958.".
15 Victorian Inspectorate Act 2011
For section 97A(6) substitute—
"(6) This section does not affect the operation of
Subdivision (1) of Division 1 of Part II of the
Crimes Act 1958.".
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Endnotes
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current
authorised versions of legislation and up-to-date legislative information.
†
Minister's second reading speech—
Legislative Assembly: 15 April 2015
Legislative Council: 7 May 2015
The long title for the Bill for this Act was "A Bill for an Act to amend the
Confiscation Act 1997, the Control of Weapons Act 1990, the
Emergency Management Act 2013, the Emergency Management
Amendment (Critical Infrastructure Resilience) Act 2014, the Sex
Offenders Registration Act 2004, the Victorian Civil and
Administrative Tribunal Act 1998, the Crimes Act 1958, the Working
with Children Act 2005, the Family Violence Protection Amendment
Act 2014, the Crimes (Mental Impairment and Unfitness to be Tried)
Act 1997, the Corrections Act 1986, the Working with Children
Amendment (Ministers of Religion and Other Matters) Act 2014 , the
Road Legislation Amendment Act 2013 and the Firearms Act 1996, to
repeal the Magistrates' Court Amendment (Assessment and Referral
Court List) Act 2010 and to make miscellaneous amendments to various
Acts and for other purposes."
37