Crimes Legislation Amendment (Protection of Emergency Workers and Others) Act 2017

Authorised by the Chief Parliamentary Counsel Authorised Version i Crimes Legislation Amendment (Protection of Emergency Workers and Others) Act 2017 No. 65 of 2017 TABLE OF PROVISIONS Section Page Part 1—Preliminary 1 1 Purposes 1 2 Commencement 2 Part 2—Offences related to emergency workers and other persons 3 Division 1—Crimes Act 1958 3 Subdivision 1—Offences 3 3 New Division 8A of Part 1 inserted 3 Subdivision 2—Amendments to the Crimes Act 1958 12 4 Heading to Division 8A of Part 1 amended 12 5 Interpretation 12 6 Heading to section 317AC amended 12 7 Intentionally exposing an emergency worker or a custodial officer to risk by driving 13 8 Heading to section 317AD amended 13 9 Aggravated offence of intentionally exposing an emergency worker or a custodial officer to risk by driving 13 10 Heading to section 317AE amended 14 11 Recklessly exposing an emergency worker or a custodial officer to risk by driving 14 12 Heading to section 317AF amended 14 13 Aggravated offence of recklessly exposing an emergency worker or a custodial officer to risk by driving 14 14 Damaging an emergency service vehicle 15 Division 2—Sentencing Act 1991 15 Subdivision 1—Sentencing provisions related to emergency workers and other persons offences 15 15 Definitions 15 16 New section 10AE inserted 15 17 Sentences—whether concurrent or cumulative 16 18 Definition 17 -- 1 of 25 -- Section Page ii Authorised by the Chief Parliamentary Counsel Subdivision 2—Amendments to the Sentencing Act 1991 17 19 Custodial sentence must be imposed for offence of intentionally exposing an emergency worker or a custodial officer to risk by driving in certain circumstances 17 Division 3—Bail Act 1977 17 Subdivision 1—Bail provisions related to emergency workers and other persons offences 17 20 Accused held in custody entitled to bail 17 21 Schedule 2—Offences—show compelling reason 18 Subdivision 2—Amendments to the Bail Act 1977 18 22 Schedule 2—Offences—show compelling reason 18 Division 4—Road Safety Act 1986 18 23 Definitions 18 Part 3—Transitional provisions 20 24 Transitional provisions 20 Part 4—Repeal of amending Act 22 25 Repeal of amending Act 22 ═════════════ Endnotes 23 1 General information 23 -- 2 of 25 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 Crimes Legislation Amendment (Protection of Emergency Workers and Others) Act 2017 † No. 65 of 2017 [Assented to 19 December 2017] The Parliament of Victoria enacts: Part 1—Preliminary 1 Purposes The main purposes of this Act are— (a) to amend the Crimes Act 1958 to insert new offences relating to the creation of risk to emergency workers on duty, and certain other persons, and damaging emergency service vehicles, by driving; and Victoria -- 3 of 25 -- Part 1—Preliminary Crimes Legislation Amendment (Protection of Emergency Workers and Others) Act 2017 No. 65 of 2017 2 Authorised by the Chief Parliamentary Counsel (b) to amend the Sentencing Act 1991 to make provision in relation to sentencing for the offences; and (c) to amend the Bail Act 1977 to make provision in relation to the granting of bail for the offences; and (d) to amend the Road Safety Act 1986 to provide for the impoundment, immobilisation and forfeiture of vehicles used in the commission of the offences. 2 Commencement (1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed. (2) If a provision of this Act does not come into operation before 31 October 2018, it comes into operation on that day. -- 4 of 25 -- Part 2—Offences related to emergency workers and other persons Crimes Legislation Amendment (Protection of Emergency Workers and Others) Act 2017 No. 65 of 2017 3 Authorised by the Chief Parliamentary Counsel Part 2—Offences related to emergency workers and other persons Division 1—Crimes Act 1958 Subdivision 1—Offences 3 New Division 8A of Part 1 inserted After Division 8 of Part 1 of the Crimes Act 1958 insert— "Division 8A—Driving offences connected with emergency workers, custodial officers and emergency service vehicles 317AB Interpretation (1) In this Division— custodial officer has the same meaning as in section 10AA(8) of the Sentencing Act 1991; emergency worker has the same meaning as in section 10AA(8) of the Sentencing Act 1991. (2) For the purposes of this Division— (a) an emergency worker is on duty if they would be on duty for the purposes of section 10AA(9) of the Sentencing Act 1991; and (b) a custodial officer is on duty if they would be on duty for the purposes of section 10AA(10) of the Sentencing Act 1991. -- 5 of 25 -- Part 2—Offences related to emergency workers and other persons Crimes Legislation Amendment (Protection of Emergency Workers and Others) Act 2017 No. 65 of 2017 4 Authorised by the Chief Parliamentary Counsel 317AC Intentionally exposing an emergency worker or a custodial officer to risk by driving (1) A person who— (a) drives a motor vehicle in the vicinity of another person who is an emergency worker on duty or a custodial officer on duty; and (b) knows that, or is reckless as to whether, the other person is an emergency worker or a custodial officer; and (c) without lawful excuse, drives the motor vehicle and intends to expose the other person to a risk to safety— is guilty of an offence and liable to level 3 imprisonment (20 years maximum). (2) For the purposes of subsection (1), the person is taken to know that the other person is an emergency worker or a custodial officer (as the case may be) if— (a) the other person has identified themselves as an emergency worker or a custodial officer; or (b) the other person is inside or in the vicinity of a vehicle which— (i) bears the livery or insignia of an emergency service; or (ii) is displaying a flashing blue or red light (whether or not it is displaying other lights); or (iii) is sounding an alarm; or -- 6 of 25 -- Part 2—Offences related to emergency workers and other persons Crimes Legislation Amendment (Protection of Emergency Workers and Others) Act 2017 No. 65 of 2017 5 Authorised by the Chief Parliamentary Counsel (c) the fact that the other person is an emergency worker or a custodial officer is reasonably apparent, having regard to all the circumstances, including the conduct and manner of the emergency worker or custodial officer. (3) A person may be found guilty of an offence under subsection (1) irrespective of whether the emergency worker or custodial officer was injured by the conduct of the person driving the motor vehicle. Notes 1 Section 10AE(1) of the Sentencing Act 1991 requires that a term of imprisonment be imposed for an offence against this section and that a non-parole period of not less than 2 years be fixed under section 11 of that Act if an emergency worker on duty or a custodial officer on duty is injured, unless the court finds under section 10A of that Act that a special reason exists. 2 If a court makes a finding under section 10A of the Sentencing Act 1991 that a special reason exists, the requirements of section 10AE(1) do not apply and the court has full sentencing discretion. 3 Section 16(3D) of the Sentencing Act 1991 requires that every term of imprisonment imposed on a person for an offence against this section must, unless otherwise directed by the court, be served cumulatively on any uncompleted sentence or sentences of imprisonment imposed on that offender, whether before or at the same time as that term. -- 7 of 25 -- Part 2—Offences related to emergency workers and other persons Crimes Legislation Amendment (Protection of Emergency Workers and Others) Act 2017 No. 65 of 2017 6 Authorised by the Chief Parliamentary Counsel 317AD Aggravated offence of intentionally exposing an emergency worker or a custodial officer to risk by driving (1) A person is guilty of the aggravated offence of intentionally exposing an emergency worker or a custodial officer to risk by driving if the person commits an offence against section 317AC and any of the following apply— (a) the motor vehicle driven by the person in the commission of the offence against section 317AC is stolen and the person knows that, or is reckless as to whether, the motor vehicle is stolen; (b) the person commits the offence against section 317AC in connection with an offence committed by that person against section 317AG; (c) the person commits the offence against section 317AC in connection with another indictable offence committed by that person, punishable by 10 years imprisonment or more. (2) For the purposes of subsection (1)(b) and (c), the offences are connected if— (a) there is a close connection in time; or (b) there is a close connection in place; or (c) in the case of subsection (1)(c), the purpose of the commission of the offence against section 317AC is to avoid apprehension for the other indictable offence. -- 8 of 25 -- Part 2—Offences related to emergency workers and other persons Crimes Legislation Amendment (Protection of Emergency Workers and Others) Act 2017 No. 65 of 2017 7 Authorised by the Chief Parliamentary Counsel (3) A person guilty of the aggravated offence of intentionally exposing an emergency worker or a custodial officer to risk by driving is guilty of an indictable offence and liable to level 3 imprisonment (20 years maximum). Notes 1 An offence against this section is a category 2 offence under the Sentencing Act 1991. See subsection (2H) of section 5 of that Act for the requirement to impose a custodial order for this offence unless the circumstances set out in paragraphs (a) to (e) of that subsection exist. 2 Section 10AE(1) of the Sentencing Act 1991 requires that a term of imprisonment be imposed for an offence against section 317AD and that a non-parole period of not less than 2 years be fixed under section 11 of that Act, if an emergency worker on duty or a custodial officer on duty is injured, unless the court finds under section 10A of that Act that a special reason exists. 3 If a court makes a finding under section 10A of the Sentencing Act 1991 that a special reason exists, the requirements of section 10AE(1) do not apply and the court has full sentencing discretion. 4 Section 16(3D) of the Sentencing Act 1991 requires that every term of imprisonment imposed on a person for an offence against this section must, unless otherwise directed by the court, be served cumulatively on any uncompleted sentence or sentences of imprisonment imposed on that offender, whether before or at the same time as that term. 317AE Recklessly exposing an emergency worker or a custodial officer to risk by driving (1) A person who— (a) drives a motor vehicle in the vicinity of another person who is an emergency worker on duty or a custodial officer on duty; and -- 9 of 25 -- Part 2—Offences related to emergency workers and other persons Crimes Legislation Amendment (Protection of Emergency Workers and Others) Act 2017 No. 65 of 2017 8 Authorised by the Chief Parliamentary Counsel (b) knows that, or is reckless as to whether, the other person is an emergency worker or a custodial officer; and (c) without lawful excuse, drives the motor vehicle and recklessly exposes the other person to a risk to safety— is guilty of an offence and liable to level 5 imprisonment (10 years maximum). (2) For the purposes of subsection (1), the person is taken to know that the other person is an emergency worker or a custodial officer (as the case may be) if— (a) the other person has identified themselves as an emergency worker or a custodial officer; or (b) the other person is inside or in the vicinity of a vehicle which— (i) bears the livery or insignia of an emergency service; or (ii) is displaying a flashing blue or red light (whether or not it is displaying other lights); or (iii) is sounding an alarm; or (c) the fact that the other person is an emergency worker or a custodial officer is reasonably apparent, having regard to all the circumstances, including the conduct and manner of the emergency worker or custodial officer. (3) A person may be found guilty of an offence under subsection (1) irrespective of whether the emergency worker or custodial officer was injured by the conduct of the person driving the motor vehicle. -- 10 of 25 -- Part 2—Offences related to emergency workers and other persons Crimes Legislation Amendment (Protection of Emergency Workers and Others) Act 2017 No. 65 of 2017 9 Authorised by the Chief Parliamentary Counsel Note Section 16(3D) of the Sentencing Act 1991 requires that every term of imprisonment imposed on a person for an offence against this section must, unless otherwise directed by the court, be served cumulatively on any uncompleted sentence or sentences of imprisonment imposed on that offender, whether before or at the same time as that term. 317AF Aggravated offence of recklessly exposing an emergency worker or a custodial officer to risk by driving (1) A person is guilty of the aggravated offence of recklessly exposing an emergency worker or a custodial officer to risk by driving if the person commits an offence against section 317AE and any of the following apply— (a) the motor vehicle driven by the person in the commission of the offence against section 317AE is stolen and the person knows that, or is reckless as to whether, the motor vehicle is stolen; (b) the person commits the offence against section 317AE in connection with an offence committed by that person against section 317AG; (c) the person commits the offence against section 317AE in connection with another indictable offence committed by that person, punishable by 10 years or more imprisonment. (2) For the purposes of subsection (1)(b) and (c), the offences are connected if— (a) there is a close connection in time; or (b) there is a close connection in place; or -- 11 of 25 -- Part 2—Offences related to emergency workers and other persons Crimes Legislation Amendment (Protection of Emergency Workers and Others) Act 2017 No. 65 of 2017 10 Authorised by the Chief Parliamentary Counsel (c) in the case of subsection (1)(c), the purpose of the commission of the offence against section 317AE is to avoid apprehension for the other indictable offence. (3) A person guilty of the aggravated offence of recklessly exposing an emergency worker or a custodial officer to risk by driving is guilty of an indictable offence and liable to level 5 imprisonment (10 years maximum). Notes 1 An offence against this section is a category 2 offence under the Sentencing Act 1991. See subsection (2H) of section 5 of that Act for the requirement to impose a custodial order for this offence unless the circumstances set out in paragraphs (a) to (e) of that subsection exist. 2 Section 16(3D) of the Sentencing Act 1991 requires that every term of imprisonment imposed on a person for an offence against this section must, unless otherwise directed by the court, be served cumulatively on any uncompleted sentence or sentences of imprisonment imposed on that offender, whether before or at the same time as that term. 317AG Damaging an emergency service vehicle (1) A person must not, without lawful excuse, recklessly drive a motor vehicle so that damage is caused to an emergency service vehicle. Penalty: Level 6 imprisonment (5 years maximum). (2) To be guilty of an offence under subsection (1), the person must know that, or be reckless as to whether, the other vehicle is an emergency service vehicle. -- 12 of 25 -- Part 2—Offences related to emergency workers and other persons Crimes Legislation Amendment (Protection of Emergency Workers and Others) Act 2017 No. 65 of 2017 11 Authorised by the Chief Parliamentary Counsel (3) For the purposes of subsection (2), the person is taken to know that the other vehicle is an emergency service vehicle if— (a) the motor vehicle bears the livery or insignia of an emergency service; or (b) the motor vehicle is displaying a flashing blue or red light (whether or not it is displaying other lights); or (c) the motor vehicle is sounding an alarm; or (d) the fact that the motor vehicle is an emergency service vehicle is reasonably apparent, having regard to all of the circumstances, including the manner in which the emergency service vehicle is being driven. (4) In this section, emergency service vehicle means a motor vehicle that, at a particular time— (a) is being used by an emergency worker on duty or a custodial officer on duty; or (b) is ordinarily used by an emergency worker on duty or a custodial officer on duty— regardless of whether it is occupied by an emergency worker or a custodial officer at that time. Note Section 16(3D) of the Sentencing Act 1991 requires that every term of imprisonment imposed on a person for an offence against this section must, unless otherwise directed by the court, be served cumulatively on any uncompleted sentence or sentences of imprisonment imposed on that offender, whether before or at the same time as that term.". -- 13 of 25 -- Part 2—Offences related to emergency workers and other persons Crimes Legislation Amendment (Protection of Emergency Workers and Others) Act 2017 No. 65 of 2017 12 Authorised by the Chief Parliamentary Counsel Subdivision 2—Amendments to the Crimes Act 1958 4 Heading to Division 8A of Part 1 amended In the heading to Division 8A of Part 1 of the Crimes Act 1958, after "officers" insert ", youth justice custodial workers". 5 Interpretation (1) In section 317AB(1) of the Crimes Act 1958— (a) in the definition of emergency worker, for "1991." substitute "1991;"; (b) after the definition of emergency worker insert— "youth justice custodial worker has the same meaning as in section 10AA(8) of the Sentencing Act 1991.". (2) In section 317AB(2) of the Crimes Act 1958— (a) in paragraph (b), for "1991." substitute "1991; and"; (b) after paragraph (b) insert— "(c) a youth justice custodial worker is on duty if they would be on duty for the purposes of section 10AA(11) of the Sentencing Act 1991.". 6 Heading to section 317AC amended In the heading to section 317AC of the Crimes Act 1958, for "or a custodial officer" substitute ", a custodial officer or a youth justice custodial worker". -- 14 of 25 -- Part 2—Offences related to emergency workers and other persons Crimes Legislation Amendment (Protection of Emergency Workers and Others) Act 2017 No. 65 of 2017 13 Authorised by the Chief Parliamentary Counsel 7 Intentionally exposing an emergency worker or a custodial officer to risk by driving (1) In section 317AC(1)(a) of the Crimes Act 1958, for "or a custodial officer on duty" substitute ", a custodial officer on duty or a youth justice custodial worker on duty". (2) In section 317AC(1)(b), (2) and (3) (excluding the Notes) of the Crimes Act 1958, for "or a custodial officer" (wherever occurring) substitute ", a custodial officer or a youth justice custodial worker.". (3) In section 317AC(2)(c) and (3) of the Crimes Act 1958, for "or custodial officer" substitute ", custodial officer or youth justice custodial worker". (4) In Note 1 at the foot of section 317AC(3) of the Crimes Act 1958, for "or a custodial officer on duty" substitute ", a custodial officer on duty or a youth justice custodial worker on duty". 8 Heading to section 317AD amended In the heading to section 317AD of the Crimes Act 1958, for "or a custodial officer" substitute ", a custodial officer or a youth justice custodial worker". 9 Aggravated offence of intentionally exposing an emergency worker or a custodial officer to risk by driving (1) In section 317AD of the Crimes Act 1958, for "or a custodial officer" (where twice occurring) substitute ", a custodial officer or a youth justice custodial worker". (2) In Note 2 at the foot of section 317AD(3) of the Crimes Act 1958, for "or a custodial officer on duty" substitute ", a custodial officer on duty or a youth justice custodial worker on duty". -- 15 of 25 -- Part 2—Offences related to emergency workers and other persons Crimes Legislation Amendment (Protection of Emergency Workers and Others) Act 2017 No. 65 of 2017 14 Authorised by the Chief Parliamentary Counsel 10 Heading to section 317AE amended In the heading to section 317AE of the Crimes Act 1958, for "or a custodial officer" substitute ", a custodial officer or a youth justice custodial worker". 11 Recklessly exposing an emergency worker or a custodial officer to risk by driving (1) In section 317AE(1)(a) of the Crimes Act 1958, for "or a custodial officer on duty" substitute ", a custodial officer on duty or a youth justice custodial worker on duty". (2) In section 317AE(1)(b) and (2) of the Crimes Act 1958, for "or a custodial officer" (wherever occurring) substitute ", custodial officer or youth justice custodial worker". (3) In section 317AE(2)(c) and (3) of the Crimes Act 1958, for "or custodial officer" substitute ", custodial officer or youth justice custodial worker". 12 Heading to section 317AF amended In the heading to section 317AF of the Crimes Act 1958, for "or a custodial officer" substitute ", a custodial officer or a youth justice custodial worker". 13 Aggravated offence of recklessly exposing an emergency worker or a custodial officer to risk by driving In section 317AF of the Crimes Act 1958, for "or a custodial officer" (wherever occurring) substitute ", a custodial officer or a youth justice custodial worker". -- 16 of 25 -- Part 2—Offences related to emergency workers and other persons Crimes Legislation Amendment (Protection of Emergency Workers and Others) Act 2017 No. 65 of 2017 15 Authorised by the Chief Parliamentary Counsel 14 Damaging an emergency service vehicle (1) In section 317AG(4)(a) and (b) of the Crimes Act 1958, for "or a custodial officer on duty" substitute ", a custodial officer on duty or a youth justice custodial worker on duty". (2) In section 317AG(4) of the Crimes Act 1958 for "emergency worker or a custodial officer" substitute "emergency worker, a custodial officer or a youth justice custodial worker". Division 2—Sentencing Act 1991 Subdivision 1—Sentencing provisions related to emergency workers and other persons offences 15 Definitions In section 3(1) of the Sentencing Act 1991, after paragraph (i) in the definition of category 2 offence insert— "(j) an offence against section 317AD of the Crimes Act 1958; (k) an offence against section 317AF of the Crimes Act 1958;". 16 New section 10AE inserted After section 10AD of the Sentencing Act 1991 insert— "10AE Custodial sentence must be imposed for offences against sections 317AC and 317AD in certain circumstances (1) Subject to subsection (2), in sentencing an offender (whether on appeal or otherwise) for an offence against section 317AC or 317AD of the Crimes Act 1958, a court must impose a term of imprisonment and -- 17 of 25 -- Part 2—Offences related to emergency workers and other persons Crimes Legislation Amendment (Protection of Emergency Workers and Others) Act 2017 No. 65 of 2017 16 Authorised by the Chief Parliamentary Counsel fix under section 11 a non-parole period of not less than 2 years if, in of the commission of the offence, an emergency worker on duty or a custodial officer on duty is injured. (2) Subsection (1) does not apply— (a) to an offender who is under the age of 18 years at the time of the offence; or (b) if the court finds under section 10A that a special reason exists.". 17 Sentences—whether concurrent or cumulative (1) In section 16(1A)(e) of the Sentencing Act 1991, for "offence." substitute "offence; or". (2) In section 16(1A) of the Sentencing Act 1991, after paragraph (e) insert— "(g) on any person for an offence against section 317AC of the Crimes Act 1958; or (h) on any person for an offence against section 317AD of the Crimes Act 1958; or (i) on any person for an offence against section 317AE of the Crimes Act 1958; or (j) on any person for an offence against section 317AF of the Crimes Act 1958; or (k) on any person for an offence against section 317AG of the Crimes Act 1958.". (3) After section 16(3C) of the Sentencing Act 1991 insert— "(3D) Every term of imprisonment imposed on a person for an offence against section 317AC, 317AD, 317AE, 317AF or 317AG of the Crimes Act 1958 must, unless otherwise directed by the court, be served cumulatively on any uncompleted sentence or sentences of imprisonment imposed on that offender, -- 18 of 25 -- Part 2—Offences related to emergency workers and other persons Crimes Legislation Amendment (Protection of Emergency Workers and Others) Act 2017 No. 65 of 2017 17 Authorised by the Chief Parliamentary Counsel whether before or at the same time as that term.". 18 Definition In section 87P of the Sentencing Act 1991, in the definition of serious motor vehicle offence, after paragraph (b) insert— "(ba) an offence under section 317AC, 317AD, 317AE or 317AF of the Crimes Act 1958 arising out of the driving of a motor vehicle; or". Subdivision 2—Amendments to the Sentencing Act 1991 19 Custodial sentence must be imposed for offence of intentionally exposing an emergency worker or a custodial officer to risk by driving in certain circumstances In section 10AE of the Sentencing Act 1991, for "or a custodial officer on duty" substitute ", a custodial officer on duty or a youth justice custodial worker on duty". Division 3—Bail Act 1977 Subdivision 1—Bail provisions related to emergency workers and other persons offences 20 Accused held in custody entitled to bail After section 4(4)(bc) of the Bail Act 1977 insert— "(bd) with an offence against section 317AC, 317AD, 317AE, 317AF or 317AG of the Crimes Act 1958; or". -- 19 of 25 -- Part 2—Offences related to emergency workers and other persons Crimes Legislation Amendment (Protection of Emergency Workers and Others) Act 2017 No. 65 of 2017 18 Authorised by the Chief Parliamentary Counsel 21 Schedule 2—Offences—show compelling reason In item 22 of Schedule 2 to the Bail Act 1977, after paragraph (e) insert— "(ea) section 317AC (intentionally exposing an emergency worker or a custodial officer to risk by driving); (eb) section 317AD (aggravated offence of intentionally exposing an emergency worker or a custodial officer to risk by driving); (ec) section 317AE (recklessly exposing an emergency worker or a custodial officer to risk by driving); (ed) section 317AF (aggravated offence of recklessly exposing an emergency worker or a custodial officer to risk by driving); (ee) section 317AG (damaging an emergency service vehicle);". Subdivision 2—Amendments to the Bail Act 1977 22 Schedule 2—Offences—show compelling reason In paragraphs (ea), (eb), (ec) and (ed) of item 22 of Schedule 2 to the Bail Act 1977, for "or a custodial officer" (wherever occurring) substitute ", a custodial officer or a youth justice custodial worker". Division 4—Road Safety Act 1986 23 Definitions (1) In section 84C(1)(a) of the Road Safety Act 1986, after paragraph (xvi) insert— "(xvii) an offence against section 317AC, 317AD, 317AE or 317AF of the Crimes Act 1958;". -- 20 of 25 -- Part 2—Offences related to emergency workers and other persons Crimes Legislation Amendment (Protection of Emergency Workers and Others) Act 2017 No. 65 of 2017 19 Authorised by the Chief Parliamentary Counsel (2) In section 84C(1)(b) of the Road Safety Act 1986, after paragraph (iii) insert— "(iv) an offence against section 317AG of the Crimes Act 1958;". -- 21 of 25 -- Part 3—Transitional provisions Crimes Legislation Amendment (Protection of Emergency Workers and Others) Act 2017 No. 65 of 2017 20 Authorised by the Chief Parliamentary Counsel Part 3—Transitional provisions 24 Transitional provisions (1) At the end of Part 7 of the Crimes Act 1958 insert— "634 Transitional provision—Crimes Legislation Amendment (Protection of Emergency Workers and Others) Act 2017 (1) For the purposes of sections 317AD and 317AF as inserted by Division 1 of Part 2 of the Crimes Legislation Amendment (Protection of Emergency Workers and Others) Act 2017, a reference to an indictable offence committed in connection with an offence alleged to have been committed under section 317AC or 317AE, as the case requires, is a reference to an offence committed on or after the commencement of that Division. (2) For the purposes of subsection (1), if an indictable offence is committed between 2 dates, one before and one after the commencement of Division 1 of Part 2 of the Crimes Legislation Amendment (Protection of Emergency Workers and Others) Act 2017, the offence is taken to have been committed before that commencement.". -- 22 of 25 -- Part 3—Transitional provisions Crimes Legislation Amendment (Protection of Emergency Workers and Others) Act 2017 No. 65 of 2017 21 Authorised by the Chief Parliamentary Counsel (2) After section 103ZK of the Road Safety Act 1986 insert— "103ZL Transitional provision—Crimes Legislation Amendment (Protection of Emergency Workers and Others) Act 2017 (1) The amendment of section 84C(1)(a) and (b) made by section 24 of the Crimes Legislation Amendment (Protection of Emergency Workers and Others) Act 2017 applies only to offences alleged to have been committed on or after the commencement of that section of that Act. (2) For the purposes of subsection (2), if an offence is alleged to have been committed between 2 dates, one before and one after the commencement of section 24 of the Crimes Legislation Amendment (Protection of Emergency Workers and Others) Act 2017, the offence is alleged to have been committed before the commencement of that section.". -- 23 of 25 -- Part 4—Repeal of amending Act Crimes Legislation Amendment (Protection of Emergency Workers and Others) Act 2017 No. 65 of 2017 22 Authorised by the Chief Parliamentary Counsel Part 4—Repeal of amending Act 25 Repeal of amending Act This Act is repealed on 31 October 2019. ═════════════ -- 24 of 25 -- Endnotes Crimes Legislation Amendment (Protection of Emergency Workers and Others) Act 2017 No. 65 of 2017 23 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: 2 November 2017 Legislative Council: 21 November 2017 The long title for the Bill for this Act was "A Bill for an Act to amend the Crimes Act 1958 to create offences relating to the creation of risk to emergency workers and others by driving and to make related amendments to the Sentencing Act 1991, the Bail Act 1977 and the Road Safety Act 1986, and for other purposes." -- 25 of 25 --