Crimes Legislation Amendment (Public Order) Act 2017

Authorised by the Chief Parliamentary Counsel Authorised Version i Crimes Legislation Amendment (Public Order) Act 2017 No. 32 of 2017 TABLE OF PROVISIONS Section Page Part 1—Preliminary 1 1 Purposes 1 2 Commencement 2 Part 2—Amendment of the Summary Offences Act 1966 3 3 New Division 1B of Part I of the Summary Offences Act 1966 inserted 3 Part 3—Amendment of the Control of Weapons Act 1990 5 4 Heading to section 10D amended 5 5 Section 10E amended 5 6 New sections 10KA and 10KB inserted 5 7 Offence to obstruct or hinder search or other powers of fail to comply with direction 7 Part 4—Offences against public order 8 Division 1—Amendment of the Crimes Act 1958 8 8 New Division 2C of Part I inserted in the Crimes Act 1958 8 Division 2—Consequential amendments 11 9 Corrections Act 1986—Schedule 3—Violent offences 11 10 Crimes Act 1958—Maximum term of imprisonment for certain common law offences 11 11 Serious Sex Offenders (Detention and Supervision) Act 2009— Schedule 1A—Violent offences 11 12 Victoria Police Act 2013—Schedule 4—Reportable offences 12 Part 5—Repeal 13 13 Repeal of amending Act 13 ═══════════════ Endnotes 14 1 General information 14 -- 1 of 15 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 Crimes Legislation Amendment (Public Order) Act 2017 † No. 32 of 2017 [Assented to 15 August 2017] The Parliament of Victoria enacts: Part 1—Preliminary 1 Purposes The main purposes of this Act are— (a) to amend the Summary Offences Act 1966 to require Councils to consult with Victoria Police before issuing a permit relating to a public protest; and Victoria -- 2 of 15 -- Part 1—Preliminary Crimes Legislation Amendment (Public Order) Act 2017 No. 32 of 2017 2 Authorised by the Chief Parliamentary Counsel (b) to amend the Control of Weapons Act 1990 to provide police officers with the power within a designated area to direct a person to leave the area in specified circumstances; and (c) to amend the Crimes Act 1958 to abolish the common law offences of affray, rout and riot and to create new statutory offences of affray and violent disorder; and (d) to make consequential amendments to the Crimes Act 1958 and other Acts. 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 1 February 2018, it comes into operation on that day. -- 3 of 15 -- Part 2—Amendment of the Summary Offences Act 1966 Crimes Legislation Amendment (Public Order) Act 2017 No. 32 of 2017 3 Authorised by the Chief Parliamentary Counsel Part 2—Amendment of the Summary Offences Act 1966 3 New Division 1B of Part I of the Summary Offences Act 1966 inserted After Division 1A of Part I of the Summary Offences Act 1966 insert— "Division 1B—Councils to consult with Victoria Police 6A Consultation with Victoria Police before issuing permit to facilitate public protest (1) A Council must consult with Victoria Police before granting an application for a permit for the use of council land, a road closure or anything else that the Council believes will facilitate a public protest being held by the applicant. (2) The Minister responsible for the administration of the Victoria Police Act 2013 may publish in the Government Gazette guidelines relating to— (a) how and when consultation with Victoria Police is to be conducted; and (b) the permits or types of permits in relation to which a Council is not required to consult with Victoria Police under this section. (3) Any decision of a Council to issue or not issue a permit is not invalid merely because the Council has not complied with this section. -- 4 of 15 -- Part 2—Amendment of the Summary Offences Act 1966 Crimes Legislation Amendment (Public Order) Act 2017 No. 32 of 2017 4 Authorised by the Chief Parliamentary Counsel (4) In this section— Council has the same meaning as in section 3(1) of the Local Government Act 1989; public protest means an event held to advance, publicise or promote a political, ideological or industrial cause.". -- 5 of 15 -- Part 3—Amendment of the Control of Weapons Act 1990 Crimes Legislation Amendment (Public Order) Act 2017 No. 32 of 2017 5 Authorised by the Chief Parliamentary Counsel Part 3—Amendment of the Control of Weapons Act 1990 4 Heading to section 10D amended In the heading to section 10D of the Control of Weapons Act 1990, for "search" substitute "an". 5 Section 10E amended (1) In the heading to section 10E of the Control of Weapons Act 1990, for "search" substitute "an". (2) After section 10E(5) of the Control of Weapons Act 1990 insert— "(6) As soon as practicable after making a declaration under this section, the Chief Commissioner must ensure that notice of the declaration is published on a website maintained by Victoria Police. (7) The notice must include the information referred to in section 10D(5) and include a map of the designated area.". 6 New sections 10KA and 10KB inserted After section 10K of the Control of Weapons Act 1990 insert— "10KA Other powers that may be exercised in relation to designated area (1) A police officer may direct a person wearing a face covering to leave a designated area if— (a) the police officer reasonably believes the person is using the face covering primarily— (i) to conceal the person's identity; or -- 6 of 15 -- Part 3—Amendment of the Control of Weapons Act 1990 Crimes Legislation Amendment (Public Order) Act 2017 No. 32 of 2017 6 Authorised by the Chief Parliamentary Counsel (ii) to protect the person from the effects of crowd-controlling substances; and (b) the person refuses to remove the face covering when requested by the police officer to do so. (2) A police officer may direct a person to leave a designated area if the police officer reasonably believes the person intends to engage in conduct that would constitute an offence under section 195H (affray) or 195I (violent disorder) of the Crimes Act 1958. (3) Before, or immediately after, a police officer gives a direction to a person under this section, the police officer must advise the person that a declaration is in force declaring the relevant area to be a designated area. 10KB Additional reporting requirements The Chief Commissioner must provide to the Minister for inclusion in the annual report of operations under Part 7 of the Financial Management Act 1994 a report containing— (a) the number of declarations made under each of sections 10D and 10E during that financial year; and (b) for each declaration reported under paragraph (a), information about whether a power under section 10KA was exercised in relation to the designated area that was the subject of the declaration.". -- 7 of 15 -- Part 3—Amendment of the Control of Weapons Act 1990 Crimes Legislation Amendment (Public Order) Act 2017 No. 32 of 2017 7 Authorised by the Chief Parliamentary Counsel 7 Offence to obstruct or hinder search or other powers of fail to comply with direction At the end of section 10L of the Control of Weapons Act 1990 insert— "(2) A person must not, without reasonable excuse, fail to comply with a direction given by a police officer under section 10KA(1) or (2). Penalty: 5 penalty units.". -- 8 of 15 -- Part 4—Offences against public order Crimes Legislation Amendment (Public Order) Act 2017 No. 32 of 2017 8 Authorised by the Chief Parliamentary Counsel Part 4—Offences against public order Division 1—Amendment of the Crimes Act 1958 8 New Division 2C of Part I inserted in the Crimes Act 1958 After Division 2B of Part I of the Crimes Act 1958 insert— "Division 2C—Offences against public order 195G Abolition of certain common law offences against public order The offences at common law of affray, rout and riot are abolished. 195H Affray (1) A person who uses or threatens unlawful violence and whose conduct would cause a person of reasonable firmness present at the scene to be terrified commits an offence and is liable to— (a) level 6 imprisonment (5 years maximum); or (b) imprisonment for 7 years if, at the time of committing the offence, the person is wearing a face covering used primarily— (i) to conceal the person's identity; or (ii) to protect the person from the effects of a crowd-controlling substance. Example of unlawful violence Engaging in unlawful fighting with another person. -- 9 of 15 -- Part 4—Offences against public order Crimes Legislation Amendment (Public Order) Act 2017 No. 32 of 2017 9 Authorised by the Chief Parliamentary Counsel (2) A person is guilty of an offence under subsection (1) only if the person intends to use or threaten violence or is reckless as to whether the person's conduct involves the use of violence or threatens violence. (3) For the purposes of subsection (1), a threat of unlawful violence must involve more than words alone. (4) An offence under subsection (1) may be committed— (a) in private as well as public places; and (b) whether or not a person of reasonable firmness is present at the scene. (5) For the purpose of subsection (1), if 2 or more persons use or threaten unlawful violence— (a) it is the conduct of them taken together that must be considered; and (b) it is immaterial whether or not those persons use or threaten unlawful violence simultaneously. 195I Violent disorder (1) Violent disorder occurs where 6 or more persons (the participants) who are present together use or threaten unlawful violence with a common goal or intention and the conduct of them, taken together, causes injury to another person or causes damage to property. (2) For the purposes of subsection (1)— (a) violent disorder may occur in private as well as public places; and -- 10 of 15 -- Part 4—Offences against public order Crimes Legislation Amendment (Public Order) Act 2017 No. 32 of 2017 10 Authorised by the Chief Parliamentary Counsel (b) it is immaterial whether or not the participants use or threaten unlawful violence simultaneously; and (c) the common goal or intention may be inferred from the conduct of the participants. (3) A participant in violent disorder commits an offence and is liable to— (a) level 5 imprisonment (10 years maximum); or (b) level 4 imprisonment (15 years maximum) if, at the time of committing the offence, the participant is wearing a face covering used primarily— (i) to conceal the participant's identity; or (ii) to protect the participant from the effects of a crowd-controlling substance. (4) A person is guilty of an offence under subsection (3) only if the person intends to use or threaten violence or is reckless as to whether the person's conduct involves the use of violence or threatens violence. (5) Subsection (4) does not affect the determination for the purposes of subsection (1) of the number of persons who are engaging in the conduct referred to in subsection (1).". -- 11 of 15 -- Part 4—Offences against public order Crimes Legislation Amendment (Public Order) Act 2017 No. 32 of 2017 11 Authorised by the Chief Parliamentary Counsel Division 2—Consequential amendments 9 Corrections Act 1986—Schedule 3—Violent offences (1) In item 2 of Schedule 3 to the Corrections Act 1986 omit "affray, riot or". (2) In item 3 of Schedule 3 to the Corrections Act 1986, after paragraph (s) insert— "(sa) section 195H (affray); (sb) section 195I (violent disorder);". 10 Crimes Act 1958—Maximum term of imprisonment for certain common law offences In the Table to section 320 of the Crimes Act 1958— (a) omit— "Affray Level 6 imprisonment (5 years maximum)"; (b) omit— "Riot Level 5 imprisonment (10 years maximum) Rout Level 6 imprisonment (5 years maximum)". 11 Serious Sex Offenders (Detention and Supervision) Act 2009—Schedule 1A—Violent offences (1) In item 3 of Schedule 1A to the Serious Sex Offenders (Detention and Supervision) Act 2009, after paragraph (zc) insert— "(zca) section 195H (affray); (zcb) section 195I (violent disorder);". (2) In item 6 of Schedule 1A to the Serious Sex Offenders (Detention and Supervision) Act 2009 omit "affray, riot or". -- 12 of 15 -- Part 4—Offences against public order Crimes Legislation Amendment (Public Order) Act 2017 No. 32 of 2017 12 Authorised by the Chief Parliamentary Counsel 12 Victoria Police Act 2013—Schedule 4—Reportable offences (1) After item 2.7 of Schedule 4 to the Victoria Police Act 2013 insert— "2.7A Offences against public order An offence under section 195H or 195I of the Crimes Act 1958.". (2) In item 4 of Schedule 4 to the Victoria Police Act 2013, for paragraph (c) substitute— "(c) the offence of affray as abolished by section 195G of the Crimes Act 1958;". -- 13 of 15 -- Part 5—Repeal Crimes Legislation Amendment (Public Order) Act 2017 No. 32 of 2017 13 Authorised by the Chief Parliamentary Counsel Part 5—Repeal 13 Repeal of amending Act This Act is repealed on 1 February 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). ═══════════════ -- 14 of 15 -- Endnotes Crimes Legislation Amendment (Public Order) Act 2017 No. 32 of 2017 14 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: 23 March 2017 Legislative Council: 9 May 2017 The long title for the Bill for this Act was "A Bill for an Act to amend the Summary Offences Act 1966, the Control of Weapons Act 1990 and the Crimes Act 1958 to provide Victoria Police with appropriate powers to deal with disturbances of public order and for other purposes." -- 15 of 15 --