Justice Legislation Amendment (Miscellaneous) Act 2013

Act

Act No.

Justice Legislation Amendment (Miscellaneous) Act 2013No. 77 of 2013

Justice Legislation Amendment (Miscellaneous) Act 2013

No. 77 of 2013

table of provisions

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Confidential Draft prepared by the Office of Chief Parliamentary Counsel Victoria

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Part 1Preliminary1

1Purposes1

2Commencement3

Part 2Amendment of Confiscation Act 19974

3Application for exclusion from restraining order4

4Declaration that restraining order shall be disregarded for purposes of automatic forfeiture4

5Automatic forfeiture of restrained property on conviction of certain offences4

6Application for tainted property substitution declaration5

7Application for exclusion from civil forfeiture restraining order5

8Determination of application for civil forfeiture order6

9Application for exclusion from civil forfeiture order6

10Disposal of forfeited property7

11New section 44A inserted8

44ACertificate of disposal8

12Application for exclusion from forfeiture order8

13Application for exclusion from automatic forfeiture9

14Sex Work and Other Acts Amendment Act 2011Schedule 2 offences transitional provision9

Part 3Amendment of Crimes Act 195810

15Production of child pornography10

16Possession of child pornography11

Part 4Amendment of Criminal Procedure Act 200913

17DPP may discontinue a prosecution without adjudication13

Part 5Amendment of Public Prosecutions Act 199414

18Delegation by Director14

19Appointment of Crown Prosecutors14

20Terms and conditions of Crown Prosecutors14

21New section 35A inserted15

35ASenior Crown Prosecutor may act as Chief Crown Prosecutor15

22Functions of Director's Committee16

23Delegation of functions in relation to special decisions16

Part 6Amendment of Family Violence Protection Act 2008 and Personal Safety Intervention Orders Act 201017

Division 1Amendment of Family Violence Protection Act 200817

24Section 40 repealed17

25New section 156A inserted17

156ADefinitions17

26Surrender of firearms and weapons18

27Power of police officer to search premises for firearms etc. without warrant18

28New section 159A inserted19

159AApplications for interstate ordersadditional requirements for direction or search without warrant19

29Warrants to search premises and vehicles20

30Effect of surrender or seizure of firearm, weapon or other article if final order made against person20

31Effect of surrender or seizure of firearm, weapon or other article if no final order etc.21

Division 2Amendment of Personal Safety Intervention Orders Act 201022

32New section 113A inserted22

113ADefinitions22

33Surrender of firearms and weapons22

34Power of police officer to search premises for firearms etc. without warrant23

35New section 116A inserted23

116AApplications for interstate ordersadditional requirements for direction or search without warrant23

36Warrants to search premises and vehicles24

37Effect of surrender or seizure of firearm, weapon or other article if final order made against person25

38Effect of surrender or seizure of firearm, weapon or other article if no final order etc.25

Part 7Amendment of Racing Act 195826

39Definitions26

40New Division 2B inserted in Part I26

Division 2BRules of Racing Victoria26

5EDefinitions26

5FRules of Racing Victoria binding on certain persons26

5GHearings of RV Racing Appeals and Disciplinary Board28

41New section 37BA inserted30

37BAPowers of the Racing Integrity Commissioner conducting an inquiry30

42Statute law revisionsection 24A amended31

Part 8Amendment of Road Safety Camera Commissioner Act 201132

43Definitions32

44New section 13A inserted32

13ADelegation32

Part 9Amendments Relating to Sentencing Act 199133

45Proposed section 53 amended33

46Section 83AH amended33

47Schedule 3 amended33

48Statute law revisionsection 47 amended34

49Statute law revisionsection 50 amended35

50Statute law revisionsection 83AV amended35

Part 10Amendment of Sex Work Act 199436

51Repeal of sections 21L and 21M36

Part 11Amendment of Summary Offences Act 196637

52Offensive behaviour by a person in a motor vehicle in a declared area37

Part 12General38

53Repeal of Act38

Endnotes39

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Victoria

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Justice Legislation Amendment (Miscellaneous) Act 2013[endnoteRef:2] [2: Minister's second reading speechLegislative Assembly: 30 October 2013Legislative Council: 28 November 2013The long title for the Bill for this Act was "A Bill for an Act to amend the Confiscation Act 1997, the Crimes Act 1958, the Criminal Procedure Act 2009, the Public Prosecutions Act 1994, the Family Violence Protection Act 2008, the Personal Safety Intervention Orders Act 2010, the Racing Act 1958, the Road Safety Camera Commissioner Act 2011, the Sentencing Act 1991, the Sentencing Amendment (Abolition of Suspended Sentences and Other Matters) Act 2013, the Sex Work Act 1994 and the Summary Offences Act 1966 and for other purposes."]

No. 77 of 2013

[Assented to 17 December 2013]

Justice Legislation Amendment (Miscellaneous) Act 2013No. 77 of 2013

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The Parliament of Victoria enacts:

Part 1Preliminary

1Purposes

The main purposes of this Act are

(a)to amend the Confiscation Act 1997 to clarify the operation of the provisions relating to the forfeiture of property; and

(b)to amend the Crimes Act 1958 to provide protection to staff of the Office of Public Prosecutions and Corrections Victoria from criminal responsibility under section 68 or70 when performing their official duties and functions; and

s. 1

(c)to amend the Criminal Procedure Act 2009 to provide that a notice of the discontinuance of a prosecution for an indictable offence need not be signed personally by the Director of Public Prosecutions; and

(d)to amend the Public Prosecutions Act 1994 in relation to the appointment of Crown Prosecutors and the delegation of powers by the Director of Public Prosecutions; and

(e)to amend the Family Violence Protection Act 2008 and the Personal Safety Intervention Orders Act 2010 to extend the application of enforcement powers relating to firearms and weapons to interstate intervention orders, notices and applications; and

(f)to amend the Racing Act 1958 to expand the application of the Rules of Racing Victoria and to require those Rules to provide for certain matters and to provide further powers to the Racing Integrity Commissioner; and

(g)to amend the Road Safety Camera Commissioner Act 2011 to remove speed detectors from the definition of road safety camera system and to provide for the delegation by the Commissioner of his or her powers under that Act; and

(h)to amend the Sentencing Act 1991 to further provide for transitional arrangements for old community-based orders (fines) under that Act and make other statute law revision amendments; and

(i)to amend the Sentencing Amendment (Abolition of Suspended Sentences and Other Matters) Act 2013 to make minor amendments and make other statute law revision amendments; and

(j)to amend the Sex Work Act 1994 to remove the reporting requirements relating to the banning notice scheme under Part 2A of that Act and repeal the sunset of that Part; and

(k)to amend the Summary Offences Act 1966 to remove the automatic expiration of a declared area notice under section 18(4) of that Act.

2Commencement

s. 2

(1)This Part and Parts 2, 3, 4, 5, 8, 10, 11 and 12 and sections 24, 45, 48, 49 and 50 come into operation on the day after the day on which this Act receives the Royal Assent.

(2)Section 47 comes into operation on the day on which section 50 of the Sentencing Amendment (Abolition of Suspended Sentences and Other Matters) Act 2013 comes into operation.

(3)Subject to subsection (4), the remaining provisions of this Act come into operation on a day or days to be proclaimed.

(4)If a provision referred to in subsection (3) does not come into operation before 30 November 2014, it comes into operation on that day.

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Part 2Amendment of Confiscation Act 1997

3Application for exclusion from restraining order

See:Act No.108/1997.Reprint No. 6as at1 April 2012and amendingAct Nos20/2012 and 82/2012.LawToday:www.legislation.vic.gov.au

s. 3

(1)In section 20(1B) of the Confiscation Act 1997 for "The court" substitute "Subject to subsection (1C), the court".

(2)After section 20(1B) of the Confiscation Act 1997 insert

"(1C)The court may not extend the period within which an application may be made in respect of property that has been forfeited by or under this Act.".

4Declaration that restraining order shall be disregarded for purposes of automatic forfeiture

In section 23 of the Confiscation Act 1997

(a)in paragraph (a) for "section 22(a)" substitute "section 22(1)(a)";

(b)in paragraph (b) for "section 22(c)" substitute "section 22(1)(c)".

5Automatic forfeiture of restrained property on conviction of certain offences

(1)In section 35(2) of the Confiscation Act 1997 omit "or within that period of 60 days such an application is made".

(2)After section 35(2) of the