Confiscation and Other Matters Amendment Act 2016

Authorised by the Chief Parliamentary Counsel Authorised Version i Confiscation and Other Matters Amendment Act 2016 No. 27 of 2016 TABLE OF PROVISIONS Section Page Part 1—Preliminary 1 1 Purposes 1 2 Commencement 2 Part 2—Amendment of Confiscation Act 1997 3 3 Definitions—meaning of account 3 4 Definitions—amendments relating to discharge of mortgage 4 5 Amendment of section 7A 4 6 Meaning of derived property—other cases 5 7 Jurisdiction 5 8 Application for restraining order 5 9 Amendment of section 22 6 10 Application may be made by telephone etc. 7 11 Making of freezing order 7 12 Schedule 2 offences—application for court declaration 7 13 Automatic forfeiture of restrained property on declaration that person is serious drug offender 8 14 Property lawfully acquired 8 15 Effect of forfeiture 9 16 Relief from automatic forfeiture of property of serious drug offender 9 17 Application for pecuniary penalty order 10 18 Application for disposal order 10 19 Application for production order—relevant offence 11 20 Application for production order—unexplained wealth 11 21 What can an information notice require? 12 22 What must the information notice contain? 12 23 Heading to section 120A substituted 12 24 New section 120AB inserted 13 25 Reports to the Minister 13 26 New section 190 inserted 13 -- 1 of 30 -- Section Page ii Authorised by the Chief Parliamentary Counsel Part 3—Amendment of Criminal Organisations Control Act 2012 15 27 Definitions 15 28 Form and content of application 15 29 Court may make declaration 15 30 Form of declaration 15 31 Determination of application for revocation of declaration in respect of organisation 16 32 Court may make control order 16 33 Content of control orders—declared organisations 17 34 Winding up of incorporated associations that are prohibited from operating under a control order 17 35 Form and content of application 17 36 Effect of registration of corresponding declaration 17 37 Information to be kept on register 17 38 Annual report 18 39 New Part 7 inserted 18 Part 4—Amendment of Surveillance Devices Act 1999 19 40 Definitions 19 41 Application of Division 3 of Part 4 21 42 Annual reports 21 43 New section 45 inserted 22 Part 5—Amendment of Open Courts Act 2013 23 44 Other laws restricting or prohibiting publication not affected 23 Part 6—Amendment of Criminal Procedure Act 2009 24 45 Schedule 3 amended 24 Part 7—Amendment of Sentencing Act 1991 25 46 Sentencing guidelines 25 Part 8—Amendment of Family Violence Protection Amendment Act 2014 26 47 Commencement of Act 26 48 Repeal of Amending Act 26 Part 9—Repeal 27 49 Repeal of amending Act 27 ═══════════════ Endnotes 28 1 General information 28 -- 2 of 30 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 Confiscation and Other Matters Amendment Act 2016 † No. 27 of 2016 [Assented to 31 May 2016] The Parliament of Victoria enacts: Part 1—Preliminary 1 Purposes The main purposes of this Act are— (a) to amend the Confiscation Act 1997 to improve the operation of that Act as it applies to serious and organised crime; and Victoria -- 3 of 30 -- Part 1—Preliminary Confiscation and Other Matters Amendment Act 2016 No. 27 of 2016 2 Authorised by the Chief Parliamentary Counsel (b) to amend the Criminal Organisations Control Act 2012 to remove the distinction between different types of declarations made in respect of organisations; and (c) to make other miscellaneous amendments to the Surveillance Devices Act 1999, the Open Courts Act 2013, the Criminal Procedure Act 2009, the Sentencing Act 1991 and the Family Violence Protection Amendment Act 2014. 2 Commencement (1) This Part, sections 4, 5, 6, 9, 13, 14, 15, 16, 18, 26, 42 and 43 and Parts 5 to 9 come into operation on the day after the day on which this Act receives the Royal Assent. (2) Subject to subsection (3), the remaining provisions of this Act 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 July 2017, it comes into operation on that day. -- 4 of 30 -- Part 2—Amendment of Confiscation Act 1997 Confiscation and Other Matters Amendment Act 2016 No. 27 of 2016 3 Authorised by the Chief Parliamentary Counsel Part 2—Amendment of Confiscation Act 1997 3 Definitions—meaning of account (1) In section 3(1) of the Confiscation Act 1997, for the definition of account substitute— "account means any facility or arrangement through which a financial institution accepts deposits or allows withdrawals and includes the following— (a) a facility or arrangement for— (i) a fixed term deposit; or (ii) a safety deposit box; (b) a credit card account; (c) a loan account (other than a credit card account); (d) an account held in the form of units in— (i) a cash management trust; or (ii) a trust of a kind prescribed by the regulations;". (2) After section 3(3) of the Confiscation Act 1997 insert— "(4) For the purposes of the definition of account in subsection (1), it is immaterial whether— (a) an account is closed; or (b) an account has a nil balance; or (c) any transactions have been allowed in relation to an account.". -- 5 of 30 -- Part 2—Amendment of Confiscation Act 1997 Confiscation and Other Matters Amendment Act 2016 No. 27 of 2016 4 Authorised by the Chief Parliamentary Counsel 4 Definitions—amendments relating to discharge of mortgage (1) In section 3(1) of the Confiscation Act 1997, in the definition of tainted property— (a) after paragraph (a)(iii) insert— "(iiia) is, or has been, subject to a mortgage, lien, charge, security or other encumbrance wholly or partly discharged using property referred to in subparagraph (i), (ii) or (iii);"; (b) after paragraph (b)(iii) insert— "(iv) is, or has been, subject to a mortgage, lien, charge, security or other encumbrance wholly or partly discharged using property referred to in subparagraph (i), (ii) or (iii);". (2) In section 3(1) of the Confiscation Act 1997 insert the following definition— "partly discharged, in respect of a mortgage, means a payment has been made to reduce the liability under that mortgage, whether or not the reduction in liability is recorded on a register kept by a registration authority;". 5 Amendment of section 7A (1) In the heading to section 7A of the Confiscation Act 1997 omit "or unexplained wealth forfeiture". (2) In section 7A of the Confiscation Act 1997 omit "or in relation to unexplained wealth forfeiture or an unexplained wealth restraining order". -- 6 of 30 -- Part 2—Amendment of Confiscation Act 1997 Confiscation and Other Matters Amendment Act 2016 No. 27 of 2016 5 Authorised by the Chief Parliamentary Counsel (3) At the end of section 7A of the Confiscation Act 1997 insert— "(2) Without limiting subsection (1), property is derived from property of a kind referred to in subsection (1)(a) or (b) if it is, or has been, subject to a mortgage, lien, charge, security or other encumbrance wholly or partly discharged using property of a kind referred to in subsection (1)(a), (b) or (c).". 6 Meaning of derived property—other cases At the end of section 7B of the Confiscation Act 1997 insert— "(2) Without limiting subsection (1), property is derived from property of a kind referred to in subsection (1)(a) or (b) if it is, or has been, subject to a mortgage, lien, charge, security or other encumbrance wholly or partly discharged using property of a kind referred to in subsection (1)(a), (b) or (c).". 7 Jurisdiction In section 12(4) and (5) of the Confiscation Act 1997 omit "Schedule 1". 8 Application for restraining order For section 16(2) of the Confiscation Act 1997 substitute— "(2) If any of the circumstances specified in subsection (2AA) apply in relation to property— (a) the DPP, a prescribed person or a person belonging to a prescribed class of persons may apply, without notice, to any court; or -- 7 of 30 -- Part 2—Amendment of Confiscation Act 1997 Confiscation and Other Matters Amendment Act 2016 No. 27 of 2016 6 Authorised by the Chief Parliamentary Counsel (b) an appropriate officer may apply, without notice, to the Magistrates' Court or the Children's Court— for a restraining order in respect of the property. (2AA) An application for a restraining order under subsection (2) may be made in respect of property if— (a) a police officer or a person authorised by or under an Act to prosecute the relevant type of offence believes that— (i) within the next 48 hours a person will be charged with a Schedule 2 offence; and (ii) that person has an interest in the property or the property is tainted property in relation to that offence; or (b) a person has been charged with a Schedule 2 offence and that person has an interest in the property or the property is tainted property in relation to that offence; or (c) a person has been convicted of a Schedule 2 offence and that person has an interest in the property or the property is tainted property in relation to that offence.". 9 Amendment of section 22 (1) In the heading to section 22 of the Confiscation Act 1997, for "—automatic forfeiture" substitute "in relation to Schedule 2 offence". (2) In section 22(1) of the Confiscation Act 1997, after "automatic forfeiture" insert "under section 35". -- 8 of 30 -- Part 2—Amendment of Confiscation Act 1997 Confiscation and Other Matters Amendment Act 2016 No. 27 of 2016 7 Authorised by the Chief Parliamentary Counsel (3) At the foot of section 22 of the Confiscation Act 1997 insert— "Note Property excluded from a restraining order made for the purpose of satisfying automatic forfeiture of property that may occur under Division 2 of Part 3 (i.e. automatic forfeiture on the conviction of an accused of certain offences) may continue to be restrained if a restraining order has also been made in relation to the property for the purpose referred to in section 15(1)(c).". 10 Application may be made by telephone etc. In section 31E of the Confiscation Act 1997, for "If it is impracticable for the applicant for a freezing order to apply in person, the applicant" substitute "An authorised police officer". 11 Making of freezing order Section 31F(1)(c), (1A)(c) and (1B)(c) of the Confiscation Act 1997 are repealed. 12 Schedule 2 offences—application for court declaration (1) After section 35A(1) of the Confiscation Act 1997 insert— "(1A) Subject to subsection (2), if an accused is convicted of an offence by the Magistrates' Court or the Children's Court, an appropriate officer may apply to that court for a declaration that the offence was a Schedule 2 offence.". (2) In section 35A(2) of the Confiscation Act 1997, after "subsection (1)" insert "or (1A)". -- 9 of 30 -- Part 2—Amendment of Confiscation Act 1997 Confiscation and Other Matters Amendment Act 2016 No. 27 of 2016 8 Authorised by the Chief Parliamentary Counsel 13 Automatic forfeiture of restrained property on declaration that person is serious drug offender (1) In section 36GA(2) of the Confiscation Act 1997— (a) for "under section 20 for an exclusion order" substitute "for an exclusion order under section 22A"; (b) for paragraph (b) substitute— "(b) the making of the declaration under section 89DI of the Sentencing Act 1991." (2) In section 36GA(3) of the Confiscation Act 1997, for "under section 20 for an exclusion order" substitute "for an exclusion order under section 22A". (3) In section 36GA(4) of the Confiscation Act 1997, for "under section 20" substitute "for an exclusion order under section 22A". 14 Property lawfully acquired For section 40G(1)(f) of the Confiscation Act 1997 substitute— "(f) property acquired by a person, whether or not it is acquired for sufficient consideration, is not property lawfully acquired if the person acquired the property knowing, or in circumstances such as to arouse a reasonable suspicion, that the property was derived or realised, or substantially derived or realised, directly or indirectly, from any unlawful activity; -- 10 of 30 -- Part 2—Amendment of Confiscation Act 1997 Confiscation and Other Matters Amendment Act 2016 No. 27 of 2016 9 Authorised by the Chief Parliamentary Counsel (g) property acquired by a person that is or has been subject to a mortgage, lien, charge, security or other encumbrance is not property lawfully acquired if that mortgage, lien, charge, security or other encumbrance has been wholly or partly discharged using property that was not lawfully acquired.". 15 Effect of forfeiture (1) After section 41(2) of the Confiscation Act 1997 insert— "(2A) Despite subsection (2), property that vests in the Minister under that subsection is not subject to any mortgage, charge or encumbrance created by an interstate restraining order.". (2) After section 41(4) of the Confiscation Act 1997 insert— "(5) Section 73(2) of the Personal Property Securities Act 2009 of the Commonwealth applies to any property forfeited to the Minister under this section to the extent, if any, to which that Act applies in relation to the property.". 16 Relief from automatic forfeiture of property of serious drug offender In section 45A(7) of the Confiscation Act 1997— (a) in the definition of dependant, in paragraph (b)(ii), for "frailty." substitute "frailty;"; (b) after the definition of dependant insert— "proceeds of sale means the proceeds of the sale of the property after all mortgages and charges to which the property is subject have been discharged.". -- 11 of 30 -- Part 2—Amendment of Confiscation Act 1997 Confiscation and Other Matters Amendment Act 2016 No. 27 of 2016 10 Authorised by the Chief Parliamentary Counsel 17 Application for pecuniary penalty order For section 58(1) of the Confiscation Act 1997 substitute— "(1) If an accused is convicted of a Schedule 2 offence— (a) the DPP may apply to the Supreme Court or the court before which the accused was convicted of the offence; or (b) where the accused was convicted of the offence before the Magistrates' Court or the Children's Court, an appropriate officer may apply to that court— for a pecuniary penalty order.". 18 Application for disposal order After section 77(1)(c) of the Confiscation Act 1997 insert— "(ca) child pornography within the meaning of section 67A of the Crimes Act 1958 and including any of the following— (i) a thing containing child pornography; (ii) an electronic device or data storage device containing data from which can be generated text, images or sounds that are child pornography; Examples A computer, mobile phone, USB stick, memory card or hard drive. (iii) all of the data contained in a device referred to in subparagraph (ii); or". -- 12 of 30 -- Part 2—Amendment of Confiscation Act 1997 Confiscation and Other Matters Amendment Act 2016 No. 27 of 2016 11 Authorised by the Chief Parliamentary Counsel 19 Application for production order—relevant offence (1) After section 100(3) of the Confiscation Act 1997 insert— "(3A) An application under subsection (2) may be made in person or by telephone, facsimile or other form of electronic communication.". (2) For section 100(5) of the Confiscation Act 1997 substitute— "(5) An application under subsection (2) must be heard— (a) out of court; or (b) in closed court.". 20 Application for production order—unexplained wealth (1) For section 100A(1) of the Confiscation Act 1997 substitute— "(1) A police officer may, without notice, apply for a production order against a person, or anyone else, if— (a) the person is suspected of having engaged in serious criminal activity; or (b) the person is suspected of having an interest in property that was not lawfully acquired.". (2) After section 100A(2) of the Confiscation Act 1997 insert— "(2A) An application under subsection (1) may be made in person or by telephone, facsimile or other form of electronic communication.". -- 13 of 30 -- Part 2—Amendment of Confiscation Act 1997 Confiscation and Other Matters Amendment Act 2016 No. 27 of 2016 12 Authorised by the Chief Parliamentary Counsel (3) For section 100A(4) of the Confiscation Act 1997 substitute— "(4) An application under subsection (1) must be heard— (a) out of court; or (b) in closed court.". 21 What can an information notice require? In section 118G(1) of the Confiscation Act 1997— (a) in paragraph (a), for "believed to be held" substitute "believed to be or to have been held"; (b) in paragraphs (a)(i) and (ii), for "is held" substitute "is or was held"; (c) in paragraph (b)(i), for "is held" substitute "is or was held"; (d) for paragraph (b)(ii) substitute— "(ii) if still held with the financial institution, the balance of that account.". 22 What must the information notice contain? In section 118H(2)(d) of the Confiscation Act 1997, for "believed to be held" (where twice occurring) substitute "believed to be or to have been held". 23 Heading to section 120A substituted For the heading to section 120A of the Confiscation Act 1997 substitute— "Document request relating to maintenance and management of property". -- 14 of 30 -- Part 2—Amendment of Confiscation Act 1997 Confiscation and Other Matters Amendment Act 2016 No. 27 of 2016 13 Authorised by the Chief Parliamentary Counsel 24 New section 120AB inserted After section 120A of the Confiscation Act 1997 insert— "120AB Document request relating to enforcement of pecuniary penalty order (1) A prescribed person may request any person whom the prescribed person believes has possession or control of documents required for the enforcement of a pecuniary penalty order to produce those documents to the prescribed person. (2) A request under subsection (1) may be made only if the person making the request reasonably believes that— (a) a pecuniary penalty order has been made against an accused in relation to a Schedule 1 offence or a Schedule 2 offence; and (b) the production of the documents is necessary to enforce that pecuniary penalty order.". 25 Reports to the Minister In section 139A(2)(f) of the Confiscation Act 1997, after "section 120A" insert "or 120AB". 26 New section 190 inserted After section 189 of the Confiscation Act 1997 insert— "190 Transitional—Confiscation and Other Matters Amendment Act 2016 (1) In this section— the 2016 Act means the Confiscation and Other Matters Amendment Act 2016; -- 15 of 30 -- Part 2—Amendment of Confiscation Act 1997 Confiscation and Other Matters Amendment Act 2016 No. 27 of 2016 14 Authorised by the Chief Parliamentary Counsel amended provision relating to property obtained with a loan means— (a) the definition of tainted property in section 3(1) as amended by section 4(1) of the 2016 Act; or (b) section 7A as amended by section 5(3) of the 2016 Act; or (c) section 7B as amended by section 6 of the 2016 Act; or (d) section 40G(1) as amended by section 14 of the 2016 Act— and as construed by reference to the definition of partly discharged as inserted by section 4(2) of the 2016 Act; relevant section of the 2016 Act, in relation to an amended provision relating to property obtained with a loan, means the section of the 2016 Act that amended that provision. (2) An amended provision relating to property obtained with a loan applies with respect to any proceeding under this Act commenced before, on or after the date on which the relevant section of the 2016 Act comes into operation irrespective of— (a) when the property to which the amended provision applies was purchased; or (b) when the mortgage, lien, charge, security or other encumbrance to which that property is, or has been, subject was wholly or partly discharged.". -- 16 of 30 -- Part 3—Amendment of Criminal Organisations Control Act 2012 Confiscation and Other Matters Amendment Act 2016 No. 27 of 2016 15 Authorised by the Chief Parliamentary Counsel Part 3—Amendment of Criminal Organisations Control Act 2012 27 Definitions In section 3(1) of the Criminal Organisations Control Act 2012, the definitions of prohibitive declaration and restrictive declaration are repealed. 28 Form and content of application Section 15(1A) of the Criminal Organisations Control Act 2012 is repealed. 29 Court may make declaration (1) Section 19(2) of the Criminal Organisations Control Act 2012 is repealed. (2) In section 19(2A) of the Criminal Organisations Control Act 2012 omit "(a restrictive declaration)". (3) In section 19(2B) of the Criminal Organisations Control Act 2012 omit "(2)(a) and". (4) In section 19(2C) of the Criminal Organisations Control Act 2012, for "a prohibitive declaration or a restrictive declaration" substitute "a declaration under subsection (1)(a)". (5) In section 19(4) and (7) of the Criminal Organisations Control Act 2012 omit "(2),". 30 Form of declaration Section 22(ab) of the Criminal Organisations Control Act 2012 is repealed. -- 17 of 30 -- Part 3—Amendment of Criminal Organisations Control Act 2012 Confiscation and Other Matters Amendment Act 2016 No. 27 of 2016 16 Authorised by the Chief Parliamentary Counsel 31 Determination of application for revocation of declaration in respect of organisation (1) Section 29(2) and (4) of the Criminal Organisations Control Act 2012 are repealed. (2) In section 29(3) and (5) of the Criminal Organisations Control Act 2012 omit "restrictive". 32 Court may make control order (1) For section 43(1) of the Criminal Organisations Control Act 2012 substitute— "(1) The Court may make a control order that applies to an organisation if— (a) the organisation is a declared organisation; and (b) the Court is satisfied that in order to end, prevent or reduce a serious threat to public safety and order it is necessary or desirable to restrict, or to impose conditions on, the activities of— (i) the organisation; or (ii) any members, former members or prospective members of the organisation.". (2) For section 43(2)(b) of the Criminal Organisations Control Act 2012 substitute— "(b) it is necessary or desirable to restrict, or to impose conditions on, the activities of the individual in order to end, prevent or reduce a serious threat to public safety and order.". (3) Section 43(3) of the Criminal Organisations Control Act 2012 is repealed. -- 18 of 30 -- Part 3—Amendment of Criminal Organisations Control Act 2012 Confiscation and Other Matters Amendment Act 2016 No. 27 of 2016 17 Authorised by the Chief Parliamentary Counsel 33 Content of control orders—declared organisations (1) Before section 45(2)(b) of the Criminal Organisations Control Act 2012 insert— "(a) prohibit the organisation from doing any of the following— (i) continuing to operate; (ii) carrying on business; (iii) taking on new members;". (2) Section 45(2A) of the Criminal Organisations Control Act 2012 is repealed. 34 Winding up of incorporated associations that are prohibited from operating under a control order In section 46(1) of the Criminal Organisations Control Act 2012, for "45(2A)(a)" substitute "45(2)(a)". 35 Form and content of application For section 57(3) of the Criminal Organisations Control Act 2012 substitute— "(3) An application must be served on the respondent as soon as practicable after the application is made. Note For service, see Division 2 of Part 6.". 36 Effect of registration of corresponding declaration In section 96 of the Criminal Organisations Control Act 2012 omit "restrictive". 37 Information to be kept on register Section 131(1)(ba) of the Criminal Organisations Control Act 2012 is repealed. -- 19 of 30 -- Part 3—Amendment of Criminal Organisations Control Act 2012 Confiscation and Other Matters Amendment Act 2016 No. 27 of 2016 18 Authorised by the Chief Parliamentary Counsel 38 Annual report (1) For section 133(1)(c) of the Criminal Organisations Control Act 2012 substitute— "(c) the number of declarations applying to declared organisations that were in effect on the last day of that financial year;". (2) Section 133(1)(ca) of the Criminal Organisations Control Act 2012 is repealed. 39 New Part 7 inserted After Part 6 of the Criminal Organisations Control Act 2012 insert— "Part 7—Transitional provisions 139 Confiscation and Other Matters Amendment Act 2016 Despite section 45(2)(a), the Court must not impose a condition referred to in that provision in making a control order that applies to a declared organisation that is the subject of a restrictive declaration made under section 19(2A) as in force immediately before the commencement of Part 3 of the Confiscation and Other Matters Amendment Act 2016.". -- 20 of 30 -- Part 4—Amendment of Surveillance Devices Act 1999 Confiscation and Other Matters Amendment Act 2016 No. 27 of 2016 19 Authorised by the Chief Parliamentary Counsel Part 4—Amendment of Surveillance Devices Act 1999 40 Definitions (1) In section 3(1) of the Surveillance Devices Act 1999— (a) in the definition of chief officer, for paragraph (d) substitute— "(c) in relation to the Department of Environment, Land, Water and Planning—the Secretary to that department; (d) in relation to the Department of Economic Development, Jobs, Transport and Resources—the Secretary to that department;"; (b) in the definition of law enforcement agency, for paragraph (d) substitute— "(c) the Department of Environment, Land, Water and Planning; (d) the Department of Economic Development, Jobs, Transport and Resources;"; (c) in the definition of law enforcement officer, for paragraph (d) substitute— "(c) in relation to the Department of Environment, Land, Water and Planning— (i) an employee of that department appointed as an authorised officer under section 83 of the Conservation, Forests and Lands Act 1987; or -- 21 of 30 -- Part 4—Amendment of Surveillance Devices Act 1999 Confiscation and Other Matters Amendment Act 2016 No. 27 of 2016 20 Authorised by the Chief Parliamentary Counsel (ii) a person who is seconded to that department, including (but not limited to) a member of the police force or police service (however described) of another jurisdiction; (d) in relation to the Department of Economic Development, Jobs, Transport and Resources— (i) an employee of that department appointed as an authorised officer under section 83 of the Conservation, Forests and Lands Act 1987; or (ii) a person who is seconded to that department, including (but not limited to) a member of the police force or police service (however described) of another jurisdiction;"; (d) in the definition of senior officer, for paragraph (d) substitute— "(c) in relation to the Department of Environment, Land, Water and Planning—the Secretary to that department; (d) in relation to the Department of Economic Development, Jobs, Transport and Resources—the Secretary to that department;". (2) Section 3(5) and (6) of the Surveillance Devices Act 1999 are repealed. -- 22 of 30 -- Part 4—Amendment of Surveillance Devices Act 1999 Confiscation and Other Matters Amendment Act 2016 No. 27 of 2016 21 Authorised by the Chief Parliamentary Counsel 41 Application of Division 3 of Part 4 (1) For section 25(a)(i) of the Surveillance Devices Act 1999 substitute— "(i) the Department of Environment, Land, Water and Planning; (ia) the Department of Economic Development, Jobs, Transport and Resources;". (2) In section 25(b) of the Surveillance Devices Act 1999, for "the Department of Environment and Primary Industries" substitute "the Department of Environment, Land, Water and Planning, the Department of Economic Development, Jobs, Transport and Resources". 42 Annual reports For section 30L(4) of the Surveillance Devices Act 1999 substitute— "(4) The chief officer must advise the Minister of any information in the report that, in the chief officer's opinion, should be excluded from the report before the report is laid before Parliament because the information, if made public, could reasonably be expected to— (a) endanger a person's safety; or (b) prejudice an investigation or prosecution; or (c) compromise any law enforcement agency's operational activities or methodologies. (5) The Minister must— (a) exclude information from the report if satisfied on the advice of the chief officer of any of the grounds set out in subsection (4); and -- 23 of 30 -- Part 4—Amendment of Surveillance Devices Act 1999 Confiscation and Other Matters Amendment Act 2016 No. 27 of 2016 22 Authorised by the Chief Parliamentary Counsel (b) cause a copy of the report to be laid before each House of Parliament within 15 sitting days after the day on which the Minister receives the report.". 43 New section 45 inserted After section 44 of the Surveillance Devices Act 1999 insert— "45 Annual report of Victoria Police for financial year ending 30 June 2015 Section 30L(4) and (5) as substituted by section 42 of the Confiscation and Other Matters Amendment Act 2016 apply to the annual report of Victoria Police for the financial year ending 30 June 2015 as if those provisions were in force when the report was submitted to the Minister and laid before each House of Parliament.". -- 24 of 30 -- Part 5—Amendment of Open Courts Act 2013 Confiscation and Other Matters Amendment Act 2016 No. 27 of 2016 23 Authorised by the Chief Parliamentary Counsel Part 5—Amendment of Open Courts Act 2013 44 Other laws restricting or prohibiting publication not affected In section 8(2)(c) of the Open Courts Act 2013— (a) for "(8) and" substitute "(8),"; (b) after "and (11)" insert "and 40H(7), (8) and (9)". -- 25 of 30 -- Part 6—Amendment of Criminal Procedure Act 2009 Confiscation and Other Matters Amendment Act 2016 No. 27 of 2016 24 Authorised by the Chief Parliamentary Counsel Part 6—Amendment of Criminal Procedure Act 2009 45 Schedule 3 amended In Schedule 3 to the Criminal Procedure Act 2009— (a) for item 3 substitute— "3 An Immigration and Border Protection worker, within the meaning of the Australian Border Force Act 2015 of the Commonwealth, at Australian Public Service level 5 or higher who is performing work for that part of the Department of Immigration and Border Protection of the Commonwealth known as the Australian Border Force."; (b) item 26 is repealed. -- 26 of 30 -- Part 7—Amendment of Sentencing Act 1991 Confiscation and Other Matters Amendment Act 2016 No. 27 of 2016 25 Authorised by the Chief Parliamentary Counsel Part 7—Amendment of Sentencing Act 1991 46 Sentencing guidelines For section 5(2A)(e) of the Sentencing Act 1991 substitute— "(e) subject to paragraph (ab), must not have regard to the automatic forfeiture of property under Division 2 or 3 of Part 3 of that Act or a pecuniary penalty made under that Act in relation to a Schedule 2 offence; (f) must not have regard to the automatic forfeiture of property under Division 4 of Part 3 of that Act in relation to a serious drug offence.". -- 27 of 30 -- Part 8—Amendment of Family Violence Protection Amendment Act 2014 Confiscation and Other Matters Amendment Act 2016 No. 27 of 2016 26 Authorised by the Chief Parliamentary Counsel Part 8—Amendment of Family Violence Protection Amendment Act 2014 47 Commencement of Act Section 2(2) of the Family Violence Protection Amendment Act 2014 is repealed. 48 Repeal of Amending Act In section 28 of the Family Violence Protection Amendment Act 2014, for "1 July 2017" substitute "the first anniversary of the last date on which a provision of this Act comes into operation". -- 28 of 30 -- Part 9—Repeal Confiscation and Other Matters Amendment Act 2016 No. 27 of 2016 27 Authorised by the Chief Parliamentary Counsel Part 9—Repeal 49 Repeal of amending Act This Act is repealed on 1 July 2018. 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). ═══════════════ -- 29 of 30 -- Endnotes Confiscation and Other Matters Amendment Act 2016 No. 27 of 2016 28 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: 9 March 2016 Legislative Council: 14 April 2016 The long title for the Bill for this Act was "A Bill for an Act to amend the Confiscation Act 1997 to improve the operation of that Act as it applies to serious and organised crime, to amend the Criminal Organisations Control Act 2012 to remove the distinction between different types of declarations made in respect of organisations, to make miscellaneous amendments to the Surveillance Devices Act 1999, the Open Courts Act 2013, the Criminal Procedure Act 2009, the Sentencing Act 1991 and the Family Violence Protection Amendment Act 2014 and for other purposes." -- 30 of 30 --