Corrections Legislation Further Amendment Act 2017

Authorised by the Chief Parliamentary Counsel Authorised Version i Corrections Legislation Further Amendment Act 2017 No. 64 of 2017 TABLE OF PROVISIONS Section Page Part 1—Preliminary 1 1 Purposes 1 2 Commencement 3 Part 2—Amendment of the Corrections Act 1986 4 3 Definitions 4 4 Employment under the Public Administration Act 5 5 Control of prisoners 6 6 New section 23A inserted 6 7 Electronic monitoring of prisoners 8 8 New section 31A inserted 8 9 New Division 1B inserted in Part 8 10 10 Secretary to supply assistance to Board 14 11 Reports 14 12 Release on parole after service of non-parole period 15 13 Release on parole of person imprisoned for sexual offence, serious violent offence or terrorism or foreign incursion offence 15 14 Secretary may direct that prisoner be tested for alcohol or drug use 15 15 Cancellation of parole 16 16 Prisoners may be released on parole more than once 16 17 Prisoner on parole to submit to testing 17 18 New Division 8 inserted in Part 8 18 19 Part 9 definitions 20 20 Offenders may be tested to assess whether under the influence of alcohol or any drug 21 21 New Division 6A inserted in Part 9 22 22 Annual report 24 23 Regulations 24 24 New section 127A inserted 25 25 Schedule 3—Violent offences 26 26 Schedule 4—Terrorism or foreign incursion offences 26 -- 1 of 33 -- Section Page ii Authorised by the Chief Parliamentary Counsel Part 3—Amendment of the Major Crime (Investigative Powers) Act 2004 27 27 Witness already held in custody 27 Part 4—Consequential and minor amendments 29 28 Bail Act 1977 29 29 Victoria Police Act 2013 29 Part 5—Repeal of amending Act 30 30 Repeal of amending Act 30 ═════════════ Endnotes 31 1 General information 31 -- 2 of 33 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 Corrections Legislation Further Amendment Act 2017 † No. 64 of 2017 [Assented to 19 December 2017] The Parliament of Victoria enacts: Part 1—Preliminary 1 Purposes The purposes of this Act are— (a) to amend the Corrections Act 1986— (i) to create a new class of officer called a security officer with functions of providing security in relation to premises where the Adult Parole Board Victoria -- 3 of 33 -- Part 1—Preliminary Corrections Legislation Further Amendment Act 2017 No. 64 of 2017 2 Authorised by the Chief Parliamentary Counsel meets or where employees assisting the Board are located; and (ii) to clarify the power to remove electronic monitoring devices and equipment from offenders; and (iii) to clarify powers in relation to firearms for prison officers and authorised police officers during a prison emergency; and (iv) to prohibit a prisoner from possessing, making, using, controlling, concealing, giving or supplying certain items in a prison; and (v) to provide for community corrections officers to supervise or conduct tests on offenders for alcohol or drug use; and (vi) to amend provisions relating to the Adult Parole Board, including providing reports and information to the Board; and (vii) to provide for a paid employment scheme for prisoners; and (viii) to clarify a provision relating to parole; and (b) to amend the Major Crime (Investigative Powers) Act 2004 in relation to the supervision of prisoners appearing before the Chief Examiner and their return to a place of detention after the examination; and (c) to make consequential and minor amendments to the Bail Act 1977 and the Victoria Police Act 2013. -- 4 of 33 -- Part 1—Preliminary Corrections Legislation Further Amendment Act 2017 No. 64 of 2017 3 Authorised by the Chief Parliamentary Counsel 2 Commencement (1) This Act (other than sections 5, 6, 14, 17 and 20) comes into operation on the day after the day on which this Act receives the Royal Assent. (2) Subject to subsection (3), sections 5, 6, 14, 17 and 20 come into operation on a day or days to be proclaimed. (3) If a provision referred to in subsection (2) does not come into operation before 1 August 2018, it comes into operation on that day. -- 5 of 33 -- Part 2—Amendment of the Corrections Act 1986 Corrections Legislation Further Amendment Act 2017 No. 64 of 2017 4 Authorised by the Chief Parliamentary Counsel Part 2—Amendment of the Corrections Act 1986 3 Definitions (1) In section 3(1) of the Corrections Act 1986 insert the following definitions— "Board means the Adult Parole Board established by section 61; security officer means a security officer employed under Part 4; serious violent offence means any of the following— (a) an offence to which clause 2 of Schedule 1 to the Sentencing Act 1991 applies; (b) an offence against any of the following provisions of the Crimes Act 1958— (i) section 9AD as in force immediately before its repeal by section 3(3) of the Crimes Amendment (Abolition of Defensive Homicide) Act 2014; (ii) section 75A (armed robbery); (iii) section 77 (aggravated burglary); (iv) section 77A (home invasion); (v) section 77B (aggravated home invasion); (vi) section 79 (carjacking); (vii) section 79A (aggravated carjacking); (viii) section 197A (arson causing death); -- 6 of 33 -- Part 2—Amendment of the Corrections Act 1986 Corrections Legislation Further Amendment Act 2017 No. 64 of 2017 5 Authorised by the Chief Parliamentary Counsel (ix) section 325(1) (accessories) in circumstances where the principal offender has committed murder; (c) false imprisonment; (d) an offence of conspiracy to commit, incitement to commit or attempt to commit an offence referred to in paragraph (b) or (c); (e) any other offence, whether committed in Victoria or elsewhere, the necessary elements of which consist of elements that constitute an offence referred to in paragraph (b), (c) or (d); sexual offence (except in section 56AC) means an offence referred to in Schedule 1 to the Serious Sex Offenders (Detention and Supervision) Act 2009; terrorism or foreign incursion offence means an offence referred to in Schedule 4;". (2) In section 55(1) of the Corrections Act 1986, the definition of Board is repealed. 4 Employment under the Public Administration Act (1) In section 12(1) of the Corrections Act 1986, after "parole officers" insert ", security officers". (2) After section 12(4) of the Corrections Act 1986 insert— "(5) A prison officer or an escort officer, or a class of prison officers or a class of escort officers, may also be appointed under subsection (1) as a security officer or as security officers, as the case requires.". -- 7 of 33 -- Part 2—Amendment of the Corrections Act 1986 Corrections Legislation Further Amendment Act 2017 No. 64 of 2017 6 Authorised by the Chief Parliamentary Counsel 5 Control of prisoners After section 23(5) of the Corrections Act 1986 insert— "(6) This section is subject to sections 23A, 55EA, 55EB and 55EC.". 6 New section 23A inserted After section 23 of the Corrections Act 1986 insert— "23A Use of firearms by police exercising powers of a prison officer (1) A police officer who is authorised under section 15 to exercise all or any of the powers of a prison officer is, when exercising those powers, subject to the following conditions on the use of firearms. (2) A police officer may discharge a firearm at a prisoner if— (a) the prisoner escapes or attempts to escape from custody; and (b) the police officer reasonably believes that discharging the firearm is the only practicable way to prevent the escape of the prisoner from custody. (3) A police officer may discharge a firearm at a person if the police officer reasonably believes that— (a) the person is aiding a prisoner in escaping or attempting to escape from custody; and (b) discharging the firearm is the only practicable way to prevent the escape of the prisoner from custody. -- 8 of 33 -- Part 2—Amendment of the Corrections Act 1986 Corrections Legislation Further Amendment Act 2017 No. 64 of 2017 7 Authorised by the Chief Parliamentary Counsel (4) A police officer may discharge a firearm at a person if— (a) that person is using force or threatening force against— (i) a person in a prison; or (ii) an officer within the meaning of Part 5 (including the police officer carrying the firearm) acting in the execution of the officer's duties outside a prison; or (iii) a prisoner outside a prison; and (b) the police officer reasonably believes that discharging the firearm is the only practicable way to prevent that person causing death or serious injury. (5) Before discharging a firearm at a person, a police officer must— (a) if it is practicable to do so, give an oral warning to that person to the effect that the person will be shot at if that person does not stop escaping, attempting to escape, aiding an escape or attempted escape or using or threatening force (as the case may be); and (b) be satisfied that discharging a firearm at the person does not create an unnecessary risk to any other person. (6) A police officer may discharge a firearm that is a prescribed non-lethal firearm at a person if the police officer reasonably believes that discharging the firearm is the only practicable way— (a) to prevent, control or stop a riot in a prison; or -- 9 of 33 -- Part 2—Amendment of the Corrections Act 1986 Corrections Legislation Further Amendment Act 2017 No. 64 of 2017 8 Authorised by the Chief Parliamentary Counsel (b) to prevent a serious threat to the security or good order of the prison.". 7 Electronic monitoring of prisoners (1) In section 30(2)(b) of the Corrections Act 1986, for "damage or disable" substitute "damage, disable or remove". (2) After section 30(4) of the Corrections Act 1986 insert— "(5) On a direction given by the Governor, a prison officer may remove for any purpose an electronic monitoring device worn by a prisoner who is subject to an order under this section.". 8 New section 31A inserted After section 31 of the Corrections Act 1986 insert— "31A Offence for prisoner to possess etc. certain items in prison (1) A prisoner must not possess, make, use, control, conceal, give or supply a category 1 item or a category 2 item in a prison without a reasonable excuse. Penalty: 2 years imprisonment, in the case of a category 1 item; 12 months imprisonment, in the case of a category 2 item. (2) Subsection (1) does not apply to an item that is permitted by this Act or the regulations. (3) In a proceeding for an offence against subsection (1), evidence that a category 1 item or a category 2 item has been found on the person of a prisoner or in a room occupied solely by a prisoner is evidence -- 10 of 33 -- Part 2—Amendment of the Corrections Act 1986 Corrections Legislation Further Amendment Act 2017 No. 64 of 2017 9 Authorised by the Chief Parliamentary Counsel that the item was in the possession of the prisoner. (4) In this section— category 1 item means any of the following— (a) an explosive substance within the meaning of section 317 of the Crimes Act 1958; (b) a controlled weapon, a dangerous article or a prohibited weapon within the meaning of the Control of Weapons Act 1990; (c) a firearm within the meaning of the Firearms Act 1996; (d) a drug of dependence; (e) child abuse material within the meaning of section 51A of the Crimes Act 1958; (f) a device capable of communication using any technology, a part of such a device or a device that enables or facilitates the functioning of such a device; category 2 item means any of the following— (a) an implement or device used, made to be used or modified to be used, for administering a drug of dependence or a part of such an implement or device; -- 11 of 33 -- Part 2—Amendment of the Corrections Act 1986 Corrections Legislation Further Amendment Act 2017 No. 64 of 2017 10 Authorised by the Chief Parliamentary Counsel (b) a drug or medication for which a prescription from a registered medical practitioner or a dentist is required but which has not been prescribed for the prisoner; (c) an electronic storage or recording device; (d) an electronic device that is capable of processing information but is not capable of communication; use, in relation to a drug of dependence, has the same meaning as in section 70 of the Drugs, Poisons and Controlled Substances Act 1981.". 9 New Division 1B inserted in Part 8 After Division 1A of Part 8 of the Corrections Act 1986 insert— "Division 1B—Security officers 55K Functions of security officers The functions of a security officer are— (a) to provide security at premises where— (i) the Board meets; or (ii) employees of the Department who are assisting the Board under section 70(1) to perform its functions are located; and (b) if required, to assist a police officer in the performance of the police officer's duties at premises where the Board meets. -- 12 of 33 -- Part 2—Amendment of the Corrections Act 1986 Corrections Legislation Further Amendment Act 2017 No. 64 of 2017 11 Authorised by the Chief Parliamentary Counsel 55L Powers of security officers (1) In performing the functions of a security officer, a security officer may— (a) carry out a garment search, a pat-down search or a scanning search of a prisoner on parole and anything in the prisoner's possession or under the prisoner's control; and (b) seize anything found during a search carried out under paragraph (a) if the security officer believes on reasonable grounds that seizure is necessary for the safety of any person; and (c) supervise, escort or accompany a prisoner on parole who is attending in person at premises where the Board meets; and (d) direct a prisoner on parole to do or not do anything that the security officer believes on reasonable grounds is necessary for the safety of any person; and (e) if necessary, use reasonable force to compel a prisoner on parole to obey a direction given by a security officer or a police officer; and (f) subject to subsection (3), apply an instrument of restraint to the prisoner on parole if the security officer believes on reasonable grounds that the application of the instrument of restraint is necessary to prevent injury to any person; and -- 13 of 33 -- Part 2—Amendment of the Corrections Act 1986 Corrections Legislation Further Amendment Act 2017 No. 64 of 2017 12 Authorised by the Chief Parliamentary Counsel (g) arrest without warrant a prisoner on parole if— (i) the security officer believes on reasonable grounds that the prisoner has committed an indictable offence; or (ii) the Board cancels the prisoner's parole. (2) For the purposes of subsection (1)(e), a security officer may use any weapon (other than a firearm) in accordance with an exemption granted under section 8B of the Control of Weapons Act 1990. Example An extendable baton or capsicum spray, if the weapon is subject to an exemption applying to the security officer in the circumstances. (3) For the purposes of subsection (1)(f), a security officer may apply an instrument of restraint to a prisoner on parole if— (a) the instrument, or type of instrument, is approved by the Secretary; and (b) the instrument is used in the manner determined by the Secretary. (4) A security officer who has arrested a prisoner on parole under subsection (1)(g)— (a) must deliver the prisoner into the custody of a police officer as soon as practicable after the arrest to be dealt with according to law or to be returned to prison; and -- 14 of 33 -- Part 2—Amendment of the Corrections Act 1986 Corrections Legislation Further Amendment Act 2017 No. 64 of 2017 13 Authorised by the Chief Parliamentary Counsel (b) may detain the prisoner in a suitable place until the prisoner is delivered into the custody of a police officer under paragraph (a). (5) In this section, prisoner on parole includes a prisoner whose parole is cancelled by the Board. 55M Seizure of things—how dealt with, reporting and recording (1) A security officer must deal with anything seized under section 55L(1)(b) in accordance with the regulations. (2) A security officer who seizes anything under section 55L(1)(b) must— (a) report the seizure to the Secretary; and (b) record details of the seizure in a register established and kept by the Secretary. 55N Report of use of force or application of instrument of restraint (1) This section applies if a security officer— (a) in accordance with section 55L(1)(e), uses force against a prisoner on parole; or (b) in accordance with section 55L(1)(f), applies an instrument of restraint to a prisoner on parole. (2) A security officer referred to in subsection (1) must report, as soon as possible, the use of force or the application of the instrument of restraint (as the case may be) to the Secretary. -- 15 of 33 -- Part 2—Amendment of the Corrections Act 1986 Corrections Legislation Further Amendment Act 2017 No. 64 of 2017 14 Authorised by the Chief Parliamentary Counsel 55O No liability A security officer is not liable for injury or damage caused by— (a) the use of force in accordance with section 55L(1)(e); or (b) the application of an instrument of restraint in accordance with section 55L(1)(f). 55P Protective services officer may exercise powers of security officer under this Division A protective services officer on duty at a designated place that is a place referred to in section 55K may exercise all the powers and has all the responsibilities given to or imposed on a security officer under this Division.". 10 Secretary to supply assistance to Board At the end of section 70 of the Corrections Act 1986 insert— "(3) When so required by the Board in the performance of its functions, the Secretary must report to the Board on any matter concerning an offender.". 11 Reports In section 72(8) of the Corrections Act 1986 omit ", all within the meaning of section 77(9)". -- 16 of 33 -- Part 2—Amendment of the Corrections Act 1986 Corrections Legislation Further Amendment Act 2017 No. 64 of 2017 15 Authorised by the Chief Parliamentary Counsel 12 Release on parole after service of non-parole period After section 74(1) of the Corrections Act 1986 insert— "(1AA) For the purposes of subsection (1), the Board must have regard to the record of the court in relation to the offending, including the judgment and the reasons for sentence.". 13 Release on parole of person imprisoned for sexual offence, serious violent offence or terrorism or foreign incursion offence (1) In section 74AAB(1)(c) of the Corrections Act 1986, for "any other members of the Board" substitute "other members of the Board, if any,". (2) Section 74AAB(8) of the Corrections Act 1986 is repealed. 14 Secretary may direct that prisoner be tested for alcohol or drug use (1) In section 76A(2) of the Corrections Act 1986— (a) in paragraph (b), for "urine." substitute "urine; and"; (b) after paragraph (b) insert— "(c) if the Secretary so directs, may be conducted or supervised by an officer within the meaning of Part 9.". (2) After section 76A(2) of the Corrections Act 1986 insert— "(2A) The Secretary may give a direction referred to in subsection (2)(c) if the Secretary reasonably believes that the direction is necessary to ensure the reliability and accuracy of the test. -- 17 of 33 -- Part 2—Amendment of the Corrections Act 1986 Corrections Legislation Further Amendment Act 2017 No. 64 of 2017 16 Authorised by the Chief Parliamentary Counsel (2B) If a test includes the taking of a sample of urine from a prisoner and is to be conducted or supervised by an officer in accordance with a direction referred to in subsection (2)(c), the officer must— (a) if the prisoner identifies as being of a particular gender, be of that gender; or (b) if the prisoner requests that the officer be of a different gender, be of that different gender. (2C) Subsection (2B) need not be complied with if it is not practicable for the test to be conducted or supervised in accordance with that subsection.". 15 Cancellation of parole (1) After section 77(8) of the Corrections Act 1986 insert— "(8A) For the purposes of this section, the Board must have regard to the record of the court in relation to the offending, including the judgment and the reasons for sentence.". (2) For section 77(9) of the Corrections Act 1986 substitute— "(9) In this section, conviction includes a finding of guilt by a court, whether or not a conviction is recorded.". 16 Prisoners may be released on parole more than once After section 78(4) of the Corrections Act 1986 insert— "(5) For the purposes of this section, the Board must have regard to the record of the court in relation to the offending, including the judgment and the reasons for sentence.". -- 18 of 33 -- Part 2—Amendment of the Corrections Act 1986 Corrections Legislation Further Amendment Act 2017 No. 64 of 2017 17 Authorised by the Chief Parliamentary Counsel 17 Prisoner on parole to submit to testing After section 78P(2) of the Corrections Act 1986 insert— "(3) A test or procedure referred to in subsection (1) may be conducted or supervised by a specified officer if a specified officer reasonably believes that the direction is necessary to ensure the reliability and accuracy of the test or procedure. (4) If a test includes the taking of a sample of urine from a prisoner on parole and is to be conducted or supervised by a specified officer under subsection (3), the specified officer must— (a) if the prisoner on parole identifies as being of a particular gender, be of that gender; or (b) if the prisoner on parole requests that the specified officer be of a different gender, be of that different gender. (5) Subsection (4) need not be complied with if it is not practicable for the test to be conducted or supervised in accordance with that subsection.". -- 19 of 33 -- Part 2—Amendment of the Corrections Act 1986 Corrections Legislation Further Amendment Act 2017 No. 64 of 2017 18 Authorised by the Chief Parliamentary Counsel 18 New Division 8 inserted in Part 8 After Division 7 of Part 8 of the Corrections Act 1986 insert— "Division 8—Removal of electronic monitoring devices and equipment 79L Who may remove electronic monitoring devices and equipment (1) This section applies if a requirement for electronic monitoring of a prisoner is attached to a term or condition of a parole order and— (a) the term or condition is varied to remove the requirement; or (b) the term or condition is revoked; or (c) the prisoner's parole is cancelled or elapses. (2) This section also applies if a requirement for electronic monitoring of a prisoner is attached to a term or condition of a parole order and the prisoner is under arrest on suspicion of having committed an offence. (3) Subject to subsection (5), an officer may remove an electronic monitoring device worn by a prisoner referred to in subsection (1) as soon as practicable before or after the variation, revocation, cancellation or elapse. (4) Subject to subsection (5), an officer may remove any equipment used for the electronic monitoring that is at the place where the prisoner on parole resides or that is in the possession of or on the person of the prisoner. -- 20 of 33 -- Part 2—Amendment of the Corrections Act 1986 Corrections Legislation Further Amendment Act 2017 No. 64 of 2017 19 Authorised by the Chief Parliamentary Counsel (5) An officer referred to in subsection (10)(c), (d), (e), (f) or (g) may take action under subsection (3) or (4) only on a direction given by the Secretary or the Board. (6) A police officer may remove an electronic monitoring device worn by a prisoner referred to in subsection (2) for any purpose. (7) If practicable, before removing an electronic monitoring device or equipment used for the electronic monitoring of a prisoner an officer must inform the prisoner that— (a) the removal is to occur; and (b) the prisoner may consent to the removal; and (c) if consent is not given, reasonable force may be used— (i) to remove the device or equipment; and (ii) if the case requires, to enter a place where the prisoner resides in order to remove the device or equipment. (8) If a prisoner does not consent to the removal of an electronic monitoring device or equipment used for the electronic monitoring, an officer may use reasonable force— (a) to remove the device or equipment from the prisoner; and (b) to enter a place where the prisoner resides in order to remove the device or equipment. -- 21 of 33 -- Part 2—Amendment of the Corrections Act 1986 Corrections Legislation Further Amendment Act 2017 No. 64 of 2017 20 Authorised by the Chief Parliamentary Counsel (9) This section does not affect the power to remove an electronic monitoring device and equipment used for the electronic monitoring of the prisoner to monitor compliance with conditions imposed under section 74(5A) or for a purpose referred to in section 74(5A). (10) In this section, officer means any of the following— (a) a police officer; (b) a police custody officer; (c) a prison officer; (d) an escort officer employed under Part 4; (e) a security officer; (f) a specified officer within the meaning of the Serious Sex Offenders (Detention and Supervision) Act 2009; (g) an employee of the Department who is authorised under section 79M. 79M Commissioner may authorise employee to exercise powers of officer The Commissioner may, by instrument, authorise a specified employee of the Department, or an employee holding a specified position in the Department, to exercise the powers of an officer under section 79L.". 19 Part 9 definitions In section 85 of the Corrections Act 1986, in the definition of officer, after paragraph (b) insert— "(ba) a security officer; or". -- 22 of 33 -- Part 2—Amendment of the Corrections Act 1986 Corrections Legislation Further Amendment Act 2017 No. 64 of 2017 21 Authorised by the Chief Parliamentary Counsel 20 Offenders may be tested to assess whether under the influence of alcohol or any drug (1) In section 99A(3) of the Corrections Act 1986— (a) in paragraph (b), for "urine." substitute "urine; and"; (b) after paragraph (b) insert— "(c) if the Secretary so directs, may be conducted or supervised by an officer within the meaning of Part 9.". (2) After section 99A(3) of the Corrections Act 1986 insert— "(3A) The Secretary may give a direction referred to in subsection (3)(c) if the Secretary reasonably believes that the direction is necessary to ensure the reliability and accuracy of the test. (3B) If a test includes the taking of a sample of urine from an offender and is to be conducted or supervised by an officer in accordance with a direction referred to in subsection (3)(c), the officer must— (a) if the offender identifies as being of a particular gender, be of that gender; or (b) if the offender requests that the officer be of a different gender, be of that different gender. (3C) Subsection (3B) need not be complied with if it is not practicable for the test to be conducted or supervised in accordance with that subsection.". -- 23 of 33 -- Part 2—Amendment of the Corrections Act 1986 Corrections Legislation Further Amendment Act 2017 No. 64 of 2017 22 Authorised by the Chief Parliamentary Counsel 21 New Division 6A inserted in Part 9 After Division 6 of Part 9 of the Corrections Act 1986 insert— "Division 6A—Removal of electronic monitoring devices and equipment 104AAA Who may remove electronic monitoring devices and equipment (1) This section applies if a requirement for electronic monitoring of an offender is attached to a condition of a community correction order and— (a) the condition is varied to remove the requirement; or (b) the condition is suspended or cancelled; or (c) the community correction order is cancelled or expires. (2) Subject to subsection (4), an officer may remove an electronic monitoring device worn by an offender referred to in subsection (1) as soon as practicable before or after the variation, suspension, cancellation or expiry. (3) Subject to subsection (4), an officer may remove any equipment used for the electronic monitoring at the place where the offender resides or that is in the possession of or on the person of the offender. (4) An officer referred to in paragraph (c), (d), (e) or (f) of the definition of officer in subsection (8) may take action under subsection (2) or (3) only on a direction given by the Secretary. -- 24 of 33 -- Part 2—Amendment of the Corrections Act 1986 Corrections Legislation Further Amendment Act 2017 No. 64 of 2017 23 Authorised by the Chief Parliamentary Counsel (5) If practicable, before removing an electronic monitoring device or equipment used for the electronic monitoring of an offender an officer must inform the offender that— (a) the removal is to occur; and (b) the offender may consent to the removal; and (c) if consent is not given, reasonable force may be used— (i) to remove the device or equipment; and (ii) if the case requires, to enter a place where the offender resides in order to remove the device or equipment. (6) If an offender does not consent to the removal of an electronic monitoring device or equipment used for the electronic monitoring, an officer may use reasonable force— (a) to remove the device or equipment from the offender; and (b) to enter a place where the offender resides in order to remove the device or equipment. (7) This section does not affect the power to remove an electronic monitoring device and equipment used for the electronic monitoring of the offender to monitor compliance with conditions imposed under section 48LA(8) of the Sentencing Act 1991 or for a purpose referred to in section 48LA(8) of that Act. -- 25 of 33 -- Part 2—Amendment of the Corrections Act 1986 Corrections Legislation Further Amendment Act 2017 No. 64 of 2017 24 Authorised by the Chief Parliamentary Counsel (8) In this section— community correction order has the same meaning as in the Sentencing Act 1991; officer means any of the following— (a) a police officer; (b) a police custody officer; (c) a prison officer; (d) an escort officer employed under Part 4; (e) a community corrections officer; (f) an employee of the Department who is authorised under section 104AAB. 104AAB Commissioner may authorise employee to exercise powers of officer The Commissioner may, by instrument, authorise a specified employee of the Department, or an employee holding a specified position in the Department, to exercise the powers of an officer under section 104AAA.". 22 Annual report In section 104AA(3) of the Corrections Act 1986, for the definition of serious offence substitute— "serious offence means a sexual offence or a serious violent offence.". 23 Regulations (1) In section 112(1)(i) of the Corrections Act 1986, after "the Secretary may approve the expenditure of that interest or other proceeds from the -- 26 of 33 -- Part 2—Amendment of the Corrections Act 1986 Corrections Legislation Further Amendment Act 2017 No. 64 of 2017 25 Authorised by the Chief Parliamentary Counsel investment of those retained moneys" insert "or from earnings retained under an agreement with the Secretary". (2) After section 112(1)(i) of the Corrections Act 1986 insert— "(ia) without limiting paragraph (i), the entering into agreements between the Secretary and a prisoner who has been assessed by the Secretary as suitable to undertake paid employment outside a prison;". 24 New section 127A inserted After section 127 of the Corrections Act 1986 insert— "127A Transitional—Justice Legislation Amendment (Parole Reform and Other Matters) Act 2016 To avoid doubt, and without limiting the application of the amendments made by Part 2 of the Justice Legislation Amendment (Parole Reform and Other Matters) Act 2016 in respect of applications for parole made on or after the commencement of those amendments— (a) the amendments made by that Part also apply to a prisoner convicted and sentenced as mentioned in section 74AAA(1), regardless of whether, before the commencement of those amendments— (i) the prisoner had become eligible for parole; or (ii) the prisoner had taken any steps to ask the Board to grant the prisoner parole; or -- 27 of 33 -- Part 2—Amendment of the Corrections Act 1986 Corrections Legislation Further Amendment Act 2017 No. 64 of 2017 26 Authorised by the Chief Parliamentary Counsel (iii) the Board had begun any consideration of whether the prisoner should be should be granted parole; and (b) the Board may, in its discretion, treat any steps taken by a prisoner to ask the Board to grant the prisoner parole, being steps taken before the commencement of those amendments, as being an application lodged with the secretary of the Board under section 74AAA(2).". 25 Schedule 3—Violent offences In item 1 of Schedule 3 to the Corrections Act 1986 omit "within the meaning of section 77". 26 Schedule 4—Terrorism or foreign incursion offences In Schedule 4 to the Corrections Act 1986 omit "Section 77(9)" preceding item 1. -- 28 of 33 -- Part 3—Amendment of the Major Crime (Investigative Powers) Act 2004 Corrections Legislation Further Amendment Act 2017 No. 64 of 2017 27 Authorised by the Chief Parliamentary Counsel Part 3—Amendment of the Major Crime (Investigative Powers) Act 2004 27 Witness already held in custody (1) For section 18(7) of the Major Crime (Investigative Powers) Act 2004 substitute— "(7) At the cessation of giving evidence at an examination before the Chief Examiner or on release from compliance with the order by the Chief Examiner, any police officer, police custody officer or escort officer must deliver the person who is the subject of the order to— (a) the place of detention at which the person was held or detained at the time of the application for the order; or (b) if that place of detention is a prison, any other prison determined by the Secretary to the Department of Justice and Regulation; or (c) if that place of detention is a police gaol, any other police gaol determined by the Chief Commissioner.". (2) After section 18(8) of the Major Crime (Investigative Powers) Act 2004 insert— '(9) A police custody officer may supervise a person who is the subject of an order under this section and in doing so has the functions and powers referred to in section 200I of the Victoria Police Act 2013 as if a reference to "this Division" were a reference to this section. -- 29 of 33 -- Part 3—Amendment of the Major Crime (Investigative Powers) Act 2004 Corrections Legislation Further Amendment Act 2017 No. 64 of 2017 28 Authorised by the Chief Parliamentary Counsel (10) An escort officer may supervise a person who is the subject of an order under this section and in doing so has the functions and powers referred to in section 55C of the Corrections Act 1986. (11) A person being supervised by a police custody officer or an escort officer under this section remains in the custody of the police officer referred to in subsection (2). (12) In this section— escort officer has the same meaning as in the Corrections Act 1986; police custody officer has the same meaning as in the Victoria Police Act 2013.'. -- 30 of 33 -- Part 4—Consequential and minor amendments Corrections Legislation Further Amendment Act 2017 No. 64 of 2017 29 Authorised by the Chief Parliamentary Counsel Part 4—Consequential and minor amendments 28 Bail Act 1977 At the foot of section 27 of the Bail Act 1977 insert— "Example See also sections 9A(1A) and 9CA of the Corrections Act 1986 as to persons who may exercise the powers of a police officer under section 27 of this Act.". 29 Victoria Police Act 2013 After section 200B(b) of the Victoria Police Act 2013 insert— "(ba) to supervise and transport persons under section 18 of the Major Crime (Investigative Powers) Act 2004;". -- 31 of 33 -- Part 5—Repeal of amending Act Corrections Legislation Further Amendment Act 2017 No. 64 of 2017 30 Authorised by the Chief Parliamentary Counsel Part 5—Repeal of amending Act 30 Repeal of amending Act This Act is repealed on 1 August 2019. 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). ═════════════ -- 32 of 33 -- Endnotes Corrections Legislation Further Amendment Act 2017 No. 64 of 2017 31 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: 7 September 2017 Legislative Council: 21 September 2017 The long title for the Bill for this Act was "A Bill for an Act to amend the Corrections Act 1986 and the Major Crime (Investigative Powers) Act 2004, to make consequential and minor amendments to the Bail Act 1977 and the Victoria Police Act 2013 and for other purposes." -- 33 of 33 --