Police Legislation Amendment (Road Safety Camera Commissioner and Other Matters) Act 2019

Authorised by the Chief Parliamentary Counsel Authorised Version i Police Legislation Amendment (Road Safety Camera Commissioner and Other Matters) Act 2019 No. 39 of 2019 TABLE OF PROVISIONS Section Page Part 1—Preliminary 1 1 Purposes 1 2 Commencement 2 Part 2—Amendment of Road Safety Camera Commissioner Act 2011 3 3 Definitions 3 4 New Division 1 heading inserted in Part 2 3 5 New Division 2 heading inserted in Part 2 3 6 Functions 3 7 Powers 3 8 New section 11A inserted 4 9 New Division 3 inserted in Part 2 4 10 New Division 4 heading inserted in Part 2 6 11 Reports to Parliament 6 12 New section 22A inserted 7 Part 3—Amendment of Victoria Police Act 2013 8 13 Disposal of unclaimed property 8 Part 4—Amendment of Magistrates' Court Act 1989 9 14 Persons to whom warrant to arrest may be directed 9 15 Schedule 8—Savings and transitionals 9 Part 5—Repeal of this Act 11 16 Repeal of this Act 11 ═════════════ Endnotes 12 1 General information 12 -- 1 of 14 -- Section Page ii Authorised by the Chief Parliamentary Counsel -- 2 of 14 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 Police Legislation Amendment (Road Safety Camera Commissioner and Other Matters) Act 2019† No. 39 of 2019 [Assented to 6 November 2019] The Parliament of Victoria enacts: Part 1—Preliminary 1 Purposes The purposes of this Act are— (a) to amend the Road Safety Camera Commissioner Act 2011— Victoria -- 3 of 14 -- Part 1—Preliminary Police Legislation Amendment (Road Safety Camera Commissioner and Other Matters) Act 2019 No. 39 of 2019 2 Authorised by the Chief Parliamentary Counsel (i) to clarify and strengthen cooperation and information sharing between the Commissioner, the Department and any contractor; and (ii) to empower the Minister to issue guidelines in relation to information sharing between the Commissioner, the Department and any contractor; and (iii) to strengthen reporting and procedural fairness requirements; and (iv) to give the Commissioner statutory immunity from civil liability for acts or omissions done in good faith; and (b) to amend the Victoria Police Act 2013 to reduce the retention period for found property that is not claimed; and (c) to amend the Magistrates' Court Act 1989 in relation to the powers of protective services officers. 2 Commencement (1) This Act (except Part 2) comes into operation on the day after the day on which this Act receives the Royal Assent. (2) Subject to subsection (3), Part 2 comes into operation on a day or days to be proclaimed. (3) If a provision of Part 2 does not come into operation before 24 August 2020, it comes into operation on that day. -- 4 of 14 -- Part 2—Amendment of Road Safety Camera Commissioner Act 2011 Police Legislation Amendment (Road Safety Camera Commissioner and Other Matters) Act 2019 No. 39 of 2019 3 Authorised by the Chief Parliamentary Counsel Part 2—Amendment of Road Safety Camera Commissioner Act 2011 3 Definitions In section 3 of the Road Safety Camera Commissioner Act 2011 insert the following definitions— "contractor means a person or body engaged by the Department to deliver services for the operation of the road safety camera system; Department means the Department of Justice and Community Safety;". 4 New Division 1 heading inserted in Part 2 Before section 4 of the Road Safety Camera Commissioner Act 2011 insert— "Division 1—Establishment and appointment". 5 New Division 2 heading inserted in Part 2 After section 9 of the Road Safety Camera Commissioner Act 2011 insert— "Division 2—Functions and powers". 6 Functions In section 10(b) of the Road Safety Camera Commissioner Act 2011, for "Department of Justice" substitute "Department". 7 Powers In section 11(2)(a) of the Road Safety Camera Commissioner Act 2011, for "Department of Justice" substitute "Department". -- 5 of 14 -- Part 2—Amendment of Road Safety Camera Commissioner Act 2011 Police Legislation Amendment (Road Safety Camera Commissioner and Other Matters) Act 2019 No. 39 of 2019 4 Authorised by the Chief Parliamentary Counsel 8 New section 11A inserted After section 11 of the Road Safety Camera Commissioner Act 2011 insert— "11A Protection from liability (1) The Commissioner is not personally liable for anything done or omitted to be done in good faith— (a) in the exercise of a power or the performance of a function under this Act; or (b) in the reasonable belief that the act or omission was in the exercise of a power or the performance of a function under this Act. (2) Any liability resulting from an act or omission that, but for subsection (1), would attach to the Commissioner attaches instead to the State.". 9 New Division 3 inserted in Part 2 After section 13A of the Road Safety Camera Commissioner Act 2011 insert— "Division 3—Administrative matters 13B Request from Commissioner for information concerning the operation of the road safety camera system (1) If the Commissioner requests information from the Department under section 11(2)(a), the Department is authorised to disclose information to the Commissioner for the purposes of complying with the Commissioner's request. -- 6 of 14 -- Part 2—Amendment of Road Safety Camera Commissioner Act 2011 Police Legislation Amendment (Road Safety Camera Commissioner and Other Matters) Act 2019 No. 39 of 2019 5 Authorised by the Chief Parliamentary Counsel (2) If a contractor is in possession or control of information that is subject to the Commissioner's request under section 11(2)(a), the contractor must provide the information to the Department on the Department's request. (3) The Department must ensure that any information provided to the Commissioner in response to the Commissioner's request under section 11(2)(a)— (a) is provided to the Commissioner in a timely manner; and (b) is comprehensive and relevant to the Commissioner's request. 13C Duty to cooperate The Department and any contractor must cooperate with any reasonable request made by the Commissioner, or any person assisting the Commissioner, that has been made for the purposes of performing the functions or exercising the powers of the Commissioner. 13D Minister may make guidelines (1) The Minister may make guidelines in relation to the following matters— (a) the performance of functions and the exercise of powers by the Commissioner; (b) privacy and security requirements under the Act; (c) record-keeping requirements under the Act; -- 7 of 14 -- Part 2—Amendment of Road Safety Camera Commissioner Act 2011 Police Legislation Amendment (Road Safety Camera Commissioner and Other Matters) Act 2019 No. 39 of 2019 6 Authorised by the Chief Parliamentary Counsel (d) information sharing between the Department, any contractor and the Commissioner including any timeframes for the provision of information to the Commissioner; (e) reporting requirements to the Minister in relation to information sharing between the Department, any contractor and the Commissioner; (f) any other matter necessary to meet the requirements of the Act. (2) The Minister must publish guidelines made under this section in the Government Gazette.". 10 New Division 4 heading inserted in Part 2 Before section 14 of the Road Safety Camera Commissioner Act 2011 insert— "Division 4—Reference Group". 11 Reports to Parliament (1) Section 21(3) of the Road Safety Camera Commissioner Act 2011 is repealed. (2) After section 21(4) of the Road Safety Camera Commissioner Act 2011 insert— "(5) If the Commissioner intends to include in a report under this section a finding or comment that names a person or body, the Commissioner must— (a) first give that person or body a reasonable opportunity to respond to the Commissioner's finding or comment; and (b) fairly set out in the report each element of the response of the person or body. -- 8 of 14 -- Part 2—Amendment of Road Safety Camera Commissioner Act 2011 Police Legislation Amendment (Road Safety Camera Commissioner and Other Matters) Act 2019 No. 39 of 2019 7 Authorised by the Chief Parliamentary Counsel (6) The Commissioner must give a copy of a report prepared under this section to the Minister at least 28 days before the report is transmitted to Parliament under section 22.". 12 New section 22A inserted After section 22 of the Road Safety Camera Commissioner Act 2011 insert— "22A Commissioner's draft work program (1) At the beginning of each financial year, the Commissioner must prepare a draft work program that sets out any proposed reports for the Parliament under section 21(4) for that year. (2) In preparing a draft work program under this section, the Commissioner must consult with the Department.". -- 9 of 14 -- Part 3—Amendment of Victoria Police Act 2013 Police Legislation Amendment (Road Safety Camera Commissioner and Other Matters) Act 2019 No. 39 of 2019 8 Authorised by the Chief Parliamentary Counsel Part 3—Amendment of Victoria Police Act 2013 13 Disposal of unclaimed property (1) For section 57(2)(c) of the Victoria Police Act 2013 substitute— "(c) if the property is found property, it may be disposed of if it is not claimed within a period determined by the Chief Commissioner of Police that is at least one month after coming into the possession of the member of Victoria Police personnel; or (d) in any other case, the property may be disposed of if it is not claimed within 3 months after coming into the possession of the member of Victoria Police personnel.". (2) In section 57(8) of the Victoria Police Act 2013, in the definition of authorised person, for "subsection (7)." substitute "subsection (7);". (3) In section 57(8) of the Victoria Police Act 2013 insert the following definition— "found property means property that is— (a) lost or abandoned; and (b) found by, or given to, a member of Victoria Police personnel.". -- 10 of 14 -- Part 4—Amendment of Magistrates' Court Act 1989 Police Legislation Amendment (Road Safety Camera Commissioner and Other Matters) Act 2019 No. 39 of 2019 9 Authorised by the Chief Parliamentary Counsel Part 4—Amendment of Magistrates' Court Act 1989 14 Persons to whom warrant to arrest may be directed (1) For section 63(2) of the Magistrates' Court Act 1989 substitute— "(2) A warrant to arrest directed to a named police officer may be executed by any police officer. (2A) A warrant to arrest directed to a named police officer or to generally all police officers may be executed by any protective services officer.". (2) In section 63(3) of the Magistrates' Court Act 1989, for "subsection (2)(b)" substitute "subsection (2A)". 15 Schedule 8—Savings and transitionals After clause 57 of Schedule 8 to the Magistrates' Court Act 1989 insert— "58 Validation of certain actions by protective services officers (1) The execution by a protective services officer on or after 28 November 2011 and before 1 July 2014 of a warrant to arrest directed to generally all members of the police force is as valid as it would have been had section 63 authorised the execution of such a warrant at the time of execution. (2) The execution by a protective services officer on or after 1 July 2014 and before the commencement day of a warrant to arrest directed to generally all police officers is as valid as it would have been had the amendments to section 63 made by the -- 11 of 14 -- Part 4—Amendment of Magistrates' Court Act 1989 Police Legislation Amendment (Road Safety Camera Commissioner and Other Matters) Act 2019 No. 39 of 2019 10 Authorised by the Chief Parliamentary Counsel amending Act been in operation at the time of execution. (3) In this clause— amending Act means the Police Legislation Amendment (Road Safety Camera Commissioner and Other Matters) Act 2019; commencement day means the day on which Part 4 of the amending Act came into operation.". -- 12 of 14 -- Part 5—Repeal of this Act Police Legislation Amendment (Road Safety Camera Commissioner and Other Matters) Act 2019 No. 39 of 2019 11 Authorised by the Chief Parliamentary Counsel Part 5—Repeal of this Act 16 Repeal of this Act This Act is repealed on 24 August 2021. 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). ═════════════ -- 13 of 14 -- Endnotes Police Legislation Amendment (Road Safety Camera Commissioner and Other Matters) Act 2019 No. 39 of 2019 12 Authorised by the Chief Parliamentary Counsel 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: 29 August 2019 Legislative Council: 17 October 2019 The long title for the Bill for this Act was "A Bill for an Act to amend the Road Safety Camera Commissioner Act 2011, the Victoria Police Act 2013 and the Magistrates' Court Act 1989 and for other purposes." -- 14 of 14 --