Justice Legislation Amendment Act 2015

Authorised Version Justice Legislation Amendment Act 2015 No. 20 of 2015 TABLE OF PROVISIONS Section Page Part 1—Preliminary 1 1 Purposes 1 2 Commencement 4 Part 2—Amendment of Confiscation Act 1997 6 3 Unexplained wealth restraining orders 6 4 Registration of interstate orders 6 5 Charge on property subject to registered interstate restraining order 6 6 Provision of legal aid 7 7 Change of references to Department of Justice 7 Part 3—Amendment of Control of Weapons Act 1990 8 8 Control of controlled weapons 8 9 Infringement penalty 8 10 Planned designation of search area 8 Part 4—Amendment of Emergency Management Legislation 9 11 New section 76A inserted 9 12 Responsible entity to conduct audit 10 Part 5—Amendment of Sex Offenders Registration Act 2004 11 13 Definitions 11 14 Register of Sex Offenders 11 15 Person with access to Register not to disclose personal information from it 11 Part 6—Repeal of Magistrates' Court Amendment (Assessment and Referral Court List) Act 2010 12 16 Repeal of Magistrates' Court Amendment (Assessment and Referral Court List) Act 2010 12 Part 7—Amendment of Victorian Civil and Administrative Tribunal Act 1998 13 17 Application fee 13 18 Reduction, waiver, postponement, remission or refund of fees 13 Authorised by the Chief Parliamentary Counsel i -- 1 of 40 -- Section Page 19 Regulations 14 20 Schedule 2—Subject matter for rules amended 16 Part 8—Amendment of Crimes Act 1958 17 21 Assaults 17 22 Further explanation of theft 17 23 Section 319A definitions 17 24 New section 627 inserted 17 Part 9—Amendment of Working with Children Act 2005 19 25 Category B application 19 26 Determination of re-assessment—category B 19 27 Determination of re-assessment—category C 19 28 Revocation powers on failure to provide information 19 29 New clause 9A inserted in Schedule 2 19 30 Clause 14A of Schedule 2 amended 20 Part 10—Amendment of Family Violence Protection Amendment Act 2014 21 31 Amendment of default commencement date 21 32 Repeal of amending Act 21 Part 11—Amendment of Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 22 33 Variation of custodial supervision orders 22 34 Variation of custodial supervision orders on application or review 22 35 Court must order report as to supervision 22 36 Contents of report 22 37 Victim impact statements 22 Part 12—Amendment of Corrections Act 1986 23 38 Agreements with the Chief Commissioner 23 39 Validation—Justice Legislation Amendment Act 2015 23 Part 13—Amendment of Working with Children Amendment (Ministers of Religion and Other Matters) Act 2014 25 40 What is child-related work? 25 Part 14—Amendment of Road Legislation Amendment Act 2013 26 41 New section 7A inserted 26 Part 15—Amendment of other Acts 28 Division 1—Miscellaneous amendments 28 42 Criminal Procedure Act 2009—Schedule 3 28 43 Coroners Act 2008—Appointment of coroners 28 ii Authorised by the Chief Parliamentary Counsel -- 2 of 40 -- Section Page 44 Magistrates' Court Act 1989—Limitation of jurisdiction of the Supreme Court 28 45 Personal Safety Intervention Orders Act 2010—Definitions 28 46 Sentencing Amendment (Historical Homosexual Convictions Expungement) Act 2014 28 Division 2—Statute law revision amendments 29 47 Administration and Probate Act 1958—Charges on property of deceased to be paid primarily out of the property charged 29 48 Children, Youth and Families Amendment (Permanent Care and Other Matters) Act 2014 29 49 Crimes Act 1958—Fingerscanning for identification purposes 29 50 Crimes Amendment (Sexual Offences and Other Matters) Act 2014 29 51 Family Violence Protection Amendment Act 2014 30 52 Fines Reform Act 2014 30 53 Powers of Attorney Act 2014 30 54 Sentencing Act 1991 30 55 Sentencing Amendment (Historical Homosexual Convictions Expungement) Act 2014 30 Division 3—Amendments relating to complicity 31 56 Amendments relating to complicity—Schedule 1 31 Part 16—Amendments to the Firearms Act 1996 32 57 Requirement to notify Chief Commissioner of persons employed in business or change of nominated person 32 58 Non-prohibited persons who are exempt from requirement to hold a licence under Part 2 32 Part 17—Repeal of amending Act 33 59 Repeal of amending Act 33 Schedule 1—Amendments relating to complicity 34 ═══════════════ Endnotes 37 1 General information 37 iii Authorised by the Chief Parliamentary Counsel -- 3 of 40 -- Authorised Version Justice Legislation Amendment Act 2015 † No. 20 of 2015 [Assented to 16 June 2015] The Parliament of Victoria enacts: Part 1—Preliminary 1 Purposes The main purposes of this Act are— (a) to amend the Confiscation Act 1997— Victoria Authorised by the Chief Parliamentary Counsel 1 -- 4 of 40 -- Part 1—Preliminary Justice Legislation Amendment Act 2015 No. 20 of 2015 (i) to provide that a court, when making an unexplained wealth restraining order, may direct a person holding a prescribed position within the Department of Justice and Regulation to take control of some or all of the property specified in the order; and (ii) to provide for the registration of an interstate forfeiture order or interstate restraining order made by a person or body other than a court; and (b) to amend the Control of Weapons Act 1990 to provide that disposable knives designed for eating purposes are not controlled weapons for the purposes of the offences set out in section 6(1AA) and (1AB) and to make other amendments; and (c) to amend the Emergency Management Act 2013 to provide for regulation making powers in relation to the incorporation of documents and matters of variation and application; and (d) to amend the Sex Offenders Registration Act 2004— (i) to allow the Chief Commissioner of Police to arrange for another entity to establish and maintain the Register of Sex Offenders; and (ii) to allow information from the Register of Sex Offenders to be disclosed to the CrimTrac Agency for inclusion on the Australian National Child Offender Register; and (e) to repeal the Magistrates' Court Amendment (Assessment and Referral Court List) Act 2010; and 2 Authorised by the Chief Parliamentary Counsel -- 5 of 40 -- Part 1—Preliminary Justice Legislation Amendment Act 2015 No. 20 of 2015 (f) to amend the Victorian Civil and Administrative Tribunal Act 1998 to further provide for regulation making powers and powers of the principal registrar in relation to fees; and (g) to amend the Crimes Act 1958— (i) to clarify the offence of assaulting a person who is assisting an emergency worker; and (ii) to extend the application of section 73(14) (which deals with the use of a motor vehicle without the permission of the owner) to vessels within the meaning of the Marine Safety Act 2010; and (iii) to define a failure to keep under control a dangerous, menacing or restricted breed dog; and (h) to amend the Working with Children Act 2005 to provide that certain offences are category B offences for the purposes of that Act; and (i) to amend the Family Violence Protection Amendment Act 2014 to defer the default commencement date of that Act; and (j) to amend the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 to reflect that a custodial supervision order may not be revoked and to provide for consistency of references to the Children's Court; and (k) to amend the Corrections Act 1986 to ensure that patients within the meaning of the Mental Health Act 2014 may be transported from a court or police gaol to a 3 Authorised by the Chief Parliamentary Counsel -- 6 of 40 -- Part 1—Preliminary Justice Legislation Amendment Act 2015 No. 20 of 2015 court, police gaol or designated mental health service; and (l) to amend the Working with Children Amendment (Ministers of Religion and Other Matters) Act 2014 to ensure that amendments made by section 9 of that Act operate as intended; and (m) to amend the Road Legislation Amendment Act 2013 to clarify that the new Part 4 of the Road Safety Act 1986 applies to demerit points whether incurred before or after the commencement of the Road Legislation Amendment Act 2013; and (n) to amend the Firearms Act 1996 to lower the minimum age for participation in paintball activities from 18 to 16 and make other amendments to the requirements imposed on operators of paintball ranges; and (o) to make miscellaneous amendments to various Acts. 2 Commencement (1) This Part, Part 4 and Part 14 come into operation on the day on which this Act receives the Royal Assent. (2) Part 13 is taken to have come into operation on 25 October 2014. (3) The remaining provisions of this Act (except Part 6, Part 7 and Part 16) come into operation on the day after the day on which this Act receives the Royal Assent. (4) Part 6 comes into operation on 1 July 2015. 4 Authorised by the Chief Parliamentary Counsel -- 7 of 40 -- Part 1—Preliminary Justice Legislation Amendment Act 2015 No. 20 of 2015 (5) Subject to subsections (6) and (7), Part 7 and Part 16 come into operation on a day or days to be proclaimed. (6) If a provision of Part 7 does not come into operation before 1 July 2017, it comes into operation on that day. (7) If a provision of Part 16 does not come into operation before 1 July 2016, it comes into operation on that day. 5 Authorised by the Chief Parliamentary Counsel -- 8 of 40 -- Part 2—Amendment of Confiscation Act 1997 Justice Legislation Amendment Act 2015 No. 20 of 2015 Part 2—Amendment of Confiscation Act 1997 3 Unexplained wealth restraining orders For section 40C(3) of the Confiscation Act 1997 substitute— "(3) If the court, when making an unexplained wealth restraining order, considers that the circumstances so require, the order may direct one of the following to take control of some or all of the property specified in the order— (a) a trustee specified in the order; (b) a person holding a prescribed position within the Department of Justice and Regulation.". 4 Registration of interstate orders After section 125(5) of the Confiscation Act 1997 insert— "(6) For the purposes of this section, a reference to a court is to be read as including a reference to any body or person who, under a corresponding law of the relevant jurisdiction, may make an interstate forfeiture order or interstate restraining order.". 5 Charge on property subject to registered interstate restraining order In section 129(1)(a) of the Confiscation Act 1997, omit "in reliance on the charging, or the proposed charging of a person with, or the conviction of a person of, an interstate offence,". 6 Authorised by the Chief Parliamentary Counsel -- 9 of 40 -- Part 2—Amendment of Confiscation Act 1997 Justice Legislation Amendment Act 2015 No. 20 of 2015 6 Provision of legal aid In section 143(5) of the Confiscation Act 1997, omit "47C,". 7 Change of references to Department of Justice In section 3(1), in the definition of Secretary, and sections 3(2), 14(3)(b) and 36H(3)(b) of the Confiscation Act 1997 after "Justice" insert "and Regulation". 7 Authorised by the Chief Parliamentary Counsel -- 10 of 40 -- Part 3—Amendment of Control of Weapons Act 1990 Justice Legislation Amendment Act 2015 No. 20 of 2015 Part 3—Amendment of Control of Weapons Act 1990 8 Control of controlled weapons After section 6(1AB) of the Control of Weapons Act 1990 insert— "(1AC) For the purposes of subsections (1AA) and (1AB), a controlled weapon does not include a disposable knife made of plastic, bamboo or wood and designed for eating purposes.". 9 Infringement penalty In section 11C of the Control of Weapons Act 1990, for "amount payable for an alleged offence for which an infringement notice may be served" substitute "infringement penalty for an infringement offence referred to in section 11B". 10 Planned designation of search area (1) Section 10D(5)(b) of the Control of Weapons Act 1990 is repealed. (2) After section 10D(5) of the Control of Weapons Act 1990 insert— "(5A) In addition to subsection (5)— (a) the notice, as published in the Government Gazette, must include a map of the designated area; and (b) the notice, as published in a newspaper, must include a map of the designated area or the address of a Government Internet website at which a map of the designated area is published.". 8 Authorised by the Chief Parliamentary Counsel -- 11 of 40 -- Part 4—Amendment of Emergency Management Legislation Justice Legislation Amendment Act 2015 No. 20 of 2015 Part 4—Amendment of Emergency Management Legislation 11 New section 76A inserted After section 76 of the Emergency Management Act 2013 insert— "76A Additional regulation making powers (1) Regulations made under section 76 may apply, adopt or incorporate by reference any document formulated or published by a person or body, whether— (a) without modification or as modified by the regulations; or (b) as formulated or published on or before the date when the regulations are made; or (c) as formulated or published from time to time. (2) Regulations made under section 76 may be made— (a) so as to apply— (i) at all times or at a specified time; or (ii) throughout the whole of the State or in a specified part of the State; (b) so as to require a matter affected by the regulations to be— (i) in accordance with a specified standard or a specified requirement; or (ii) approved by or to the satisfaction of a specified person; 9 Authorised by the Chief Parliamentary Counsel -- 12 of 40 -- Part 4—Amendment of Emergency Management Legislation Justice Legislation Amendment Act 2015 No. 20 of 2015 (c) so as to confer a discretionary authority on a specified person; (d) so as to provide, in a specified case or class of case, for the exemption of persons or things or a class of persons or a class of things from any of the provisions of the regulations— (i) whether unconditionally or on specified conditions; and (ii) either wholly or to the extent specified in the regulations.". 12 Responsible entity to conduct audit In section 3 of the Emergency Management Amendment (Critical Infrastructure Resilience) Act 2014 in proposed section 74S(2) of the Emergency Management Act 2013, for "responsible authority" substitute "responsible entity". 10 Authorised by the Chief Parliamentary Counsel -- 13 of 40 -- Part 5—Amendment of Sex Offenders Registration Act 2004 Justice Legislation Amendment Act 2015 No. 20 of 2015 Part 5—Amendment of Sex Offenders Registration Act 2004 13 Definitions In section 3 of the Sex Offenders Registration Act 2004, in the definition of Register, after "established" insert ", or arranged to be established,". 14 Register of Sex Offenders In section 62(1) of the Sex Offenders Registration Act 2004, after "establish and maintain" insert ", or arrange for another entity to establish and maintain,". 15 Person with access to Register not to disclose personal information from it After section 64(2) of the Sex Offenders Registration Act 2004 insert— "(3) Despite subsection (1), the Chief Commissioner of Police or a person authorised to have access to the Register or any part of the Register may disclose personal information in the Register to the CrimTrac Agency for entry on the Australian National Child Offender Register. (4) In this section— CrimTrac Agency means the Executive Agency known as CrimTrac and established by the Governor-General by order under section 65 of the Public Service Act 1999 of the Commonwealth.". 11 Authorised by the Chief Parliamentary Counsel -- 14 of 40 -- Part 6—Repeal of Magistrates' Court Amendment (Assessment and Referral Court List) Act 2010 Justice Legislation Amendment Act 2015 No. 20 of 2015 Part 6—Repeal of Magistrates' Court Amendment (Assessment and Referral Court List) Act 2010 16 Repeal of Magistrates' Court Amendment (Assessment and Referral Court List) Act 2010 The Magistrates' Court Amendment (Assessment and Referral Court List) Act 2010 is repealed. 12 Authorised by the Chief Parliamentary Counsel -- 15 of 40 -- Part 7—Amendment of Victorian Civil and Administrative Tribunal Act 1998 Justice Legislation Amendment Act 2015 No. 20 of 2015 Part 7—Amendment of Victorian Civil and Administrative Tribunal Act 1998 17 Application fee (1) After section 68(3) of the Victorian Civil and Administrative Tribunal Act 1998 insert— "(3A) Subsection (3) does not apply in respect of an application for which payment of the fee is postponed.". (2) In section 68(4)(c) of the Victorian Civil and Administrative Tribunal Act 1998 for "waiver or reduction" substitute "reduction, waiver or postponement". (3) After section 68(4) of the Victorian Civil and Administrative Tribunal Act 1998 insert— "(5) Despite subsections (3) and (4), in the case of a fee which has been postponed, the Tribunal may make an order striking out the proceeding if the postponed fee is not paid by the date specified for payment when it was postponed.". 18 Reduction, waiver, postponement, remission or refund of fees (1) Insert the following heading to section 132 of the Victorian Civil and Administrative Tribunal Act 1998— "Reduction, waiver, postponement, remission or refund of fees". (2) For section 132(1) of the Victorian Civil and Administrative Tribunal Act 1998 substitute— "(1) The principal registrar in any case may reduce, waive, postpone, remit or refund any fee payable under this Act or the regulations if the principal registrar considers that the payment of the fee would cause the person 13 Authorised by the Chief Parliamentary Counsel -- 16 of 40 -- Part 7—Amendment of Victorian Civil and Administrative Tribunal Act 1998 Justice Legislation Amendment Act 2015 No. 20 of 2015 responsible for its payment financial hardship or on any other prescribed ground in the regulations. (1A) If a fee or charge for services provided by the Tribunal of a kind not referred to in subsection (1) is payable, the principal registrar, on application, may reduce, waive, postpone, remit or refund the fee or charge if the principal registrar considers the payment of the fee or charge would cause the person responsible for its payment financial hardship or on any other prescribed ground in the regulations. (3) In section 132(2) of the Victorian Civil and Administrative Tribunal Act 1998 for "waived or reduced" (where twice occurring) substitute "reduced, waived, postponed, remitted or refunded". (4) In section 132(2) of the Victorian Civil and Administrative Tribunal Act 1998, after "subsection (1)" insert "or subsection (1A)". 19 Regulations (1) For section 161(2)(c) of the Victorian Civil and Administrative Tribunal Act 1998 substitute— "(c) may provide in a specified case or class of case for the exemption of any proceeding, person or thing or a class of proceeding, person or thing from any of the provisions of the regulations, whether— (i) unconditionally or on specified conditions; and (ii) either wholly or to such an extent as is specified; and 14 Authorised by the Chief Parliamentary Counsel -- 17 of 40 -- Part 7—Amendment of Victorian Civil and Administrative Tribunal Act 1998 Justice Legislation Amendment Act 2015 No. 20 of 2015 (d) may confer a discretionary authority or impose a duty on any member or a specified class of member or on the principal registrar; and (e) may leave any matter or thing dealt with by or in accordance with the regulations to be decided by a member or a specified class of member or by the principal registrar.". (2) In section 161(3)(a) of the Victorian Civil and Administrative Tribunal Act 1998, after "proceedings" insert "or different classes of party". (3) In section 161(3)(d) of the Victorian Civil and Administrative Tribunal Act 1998 for "be paid." substitute "be paid;". (4) After section 161(3)(d) of the Victorian Civil and Administrative Tribunal Act 1998 insert— "(e) may provide for the reduction, waiver, postponement, remission or refund, in whole or in part, of any fee; and (f) may provide, in specified circumstances, for the reinstatement or payment, in whole or in part, of any fee which was reduced, waived, postponed, remitted or refunded by or in accordance with the regulations.". (5) After section 161(3) of the Victorian Civil and Administrative Tribunal Act 1998 insert— "(4) If the regulations provide for a remission or refund of a fee fixed under subsection (3)— (a) if the fee has been paid into the Consolidated Fund, the Consolidated Fund is, to the necessary extent, appropriated accordingly to enable any remission or refund to be paid; or 15 Authorised by the Chief Parliamentary Counsel -- 18 of 40 -- Part 7—Amendment of Victorian Civil and Administrative Tribunal Act 1998 Justice Legislation Amendment Act 2015 No. 20 of 2015 (b) if the fee has been paid into another fund or account, the fee may be refunded from that fund or account.". 20 Schedule 2—Subject matter for rules amended At the end of Schedule 2 to the Victorian Civil and Administrative Tribunal Act 1998 insert— "Form, content and procedure for the reduction, waiver, postponement, remission, refund, reinstatement or payment in whole or in part, of any fee fixed by or in accordance with the regulations or reduced, waived, postponed, remitted or refunded under section 132, including providing for different periods for payment and postponement by the principal registrar in relation to proceedings under different enabling enactments.". 16 Authorised by the Chief Parliamentary Counsel -- 19 of 40 -- Part 8—Amendment of Crimes Act 1958 Justice Legislation Amendment Act 2015 No. 20 of 2015 Part 8—Amendment of Crimes Act 1958 21 Assaults In section 31(1)(ba) of the Crimes Act 1958, after "person was" insert "assisting". 22 Further explanation of theft After section 73(14) of the Crimes Act 1958 insert— "(15) In this section— motor vehicle includes vessel, whether or not the vessel is powered by a motor; vessel has the same meaning as in the Marine Safety Act 2010.". 23 Section 319A definitions In section 319A of the Crimes Act 1958— (a) the definition of control is repealed; (b) insert the following definition— "failure to keep under control, in relation to a dangerous dog, menacing dog or restricted breed dog, includes a failure to comply with any of the requirements under sections 26(1), 28, 29, 38, 39, 40, 41, 41E, 41F(1)(a), 41G, 41H, 41HA and 41I of the Domestic Animals Act 1994;". 24 New section 627 inserted After section 626 of the Crimes Act 1958 insert— "627 Transitional provision—Justice Legislation Amendment Act 2015 (1) The amendments made to this Act by section 22 of the Justice Legislation Amendment Act 2015 apply only to 17 Authorised by the Chief Parliamentary Counsel -- 20 of 40 -- Part 8—Amendment of Crimes Act 1958 Justice Legislation Amendment Act 2015 No. 20 of 2015 offences alleged to have been committed on or after the commencement of that section. (2) For the purposes of subsection (1), if an offence is alleged to have been committed between 2 dates, one before and one on or after the commencement of section 22 of the Justice Legislation Amendment Act 2015, the offence is alleged to have been committed before that commencement.". 18 Authorised by the Chief Parliamentary Counsel -- 21 of 40 -- Part 9—Amendment of Working with Children Act 2005 Justice Legislation Amendment Act 2015 No. 20 of 2015 Part 9—Amendment of Working with Children Act 2005 25 Category B application In section 13(1)(b) of the Working with Children Act 2005, for "clause 2, 8 or 9" substitute "clause 2, 8, 9 or 14A". 26 Determination of re-assessment—category B In section 21AC(1) of the Working with Children Act 2005, for "clause 2, 8 or 9" (wherever occurring) substitute "clause 2, 8, 9 or 14A". 27 Determination of re-assessment—category C In section 21AD(1)(b) of the Working with Children Act 2005, for "clause 2, 8 or 9" substitute "clause 2, 8, 9 or 14A". 28 Revocation powers on failure to provide information In section 21A(1) of the Working with Children Act 2005, for "reassessed" substitute "re-assessed". 29 New clause 9A inserted in Schedule 2 After clause 9 of Schedule 2 to the Working with Children Act 2005 insert— "9A An offence against section 49C or 327 of the Crimes Act 1958 or an offence under a law of a jurisdiction other than Victoria that, if it had been committed in Victoria, would have constituted an offence against section 49C or 327 of that Act.". 19 Authorised by the Chief Parliamentary Counsel -- 22 of 40 -- Part 9—Amendment of Working with Children Act 2005 Justice Legislation Amendment Act 2015 No. 20 of 2015 30 Clause 14A of Schedule 2 amended In clause 14A of Schedule 2 to the Working with Children Act 2005, after "1966" insert " or an offence under a law of a jurisdiction other than Victoria that, if it had been committed in Victoria, would have constituted an offence against section 41DA or 41DB of that Act". 20 Authorised by the Chief Parliamentary Counsel -- 23 of 40 -- Part 10—Amendment of Family Violence Protection Amendment Act 2014 Justice Legislation Amendment Act 2015 No. 20 of 2015 Part 10—Amendment of Family Violence Protection Amendment Act 2014 31 Amendment of default commencement date In section 2(2) of the Family Violence Protection Amendment Act 2014, for "18 September 2015" substitute "1 July 2016". 32 Repeal of amending Act In section 28 of the Family Violence Protection Amendment Act 2014, for "18 September 2016" substitute "1 July 2017". 21 Authorised by the Chief Parliamentary Counsel -- 24 of 40 -- Part 11—Amendment of Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 Justice Legislation Amendment Act 2015 No. 20 of 2015 Part 11—Amendment of Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 33 Variation of custodial supervision orders In section 32(5) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997, for "Unless the court revokes the order, the court" substitute "The court". 34 Variation of custodial supervision orders on application or review In section 38ZO(3) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997, for "Unless the court revokes the order, the court" substitute "The court". 35 Court must order report as to supervision In section 38ZR of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997, for "a court" substitute "the Children's Court". 36 Contents of report In section 38ZT(1)(c) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997, for "the court" substitute "the Children's Court". 37 Victim impact statements In section 38ZW(1) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997, for "a court" substitute "the Children's Court". 22 Authorised by the Chief Parliamentary Counsel -- 25 of 40 -- Part 12—Amendment of Corrections Act 1986 Justice Legislation Amendment Act 2015 No. 20 of 2015 Part 12—Amendment of Corrections Act 1986 38 Agreements with the Chief Commissioner In section 9AA(1)(b)(iii) of the Corrections Act 1986, after "or a designated mental health service" insert "or from a court or a police gaol to a court or a police gaol or a designated mental health service". 39 Validation—Justice Legislation Amendment Act 2015 After section 112C of the Corrections Act 1986 insert— "112D Validation—Justice Legislation Amendment Act 2015 (1) In this section— relevant period means the period starting on 1 July 2014 and ending on the day that section 38 of the Justice Legislation Amendment Act 2015 comes into operation. (2) The transport of a person, and detention of that person while being transported, during the relevant period from a court or police gaol to a court, police gaol or a designated mental health service and the exercise of any function or power related to that transport and detention have, and are taken always to have had, the same force and effect as they would have had if section 9AA(1)(b)(iii) as amended by section 38 of the Justice Legislation Amendment Act 2015 were in force during the relevant period. 23 Authorised by the Chief Parliamentary Counsel -- 26 of 40 -- Part 12—Amendment of Corrections Act 1986 Justice Legislation Amendment Act 2015 No. 20 of 2015 (3) An instrument of authorisation referred to in section 9A(1B) made or purported to have been made by the Chief Commissioner during the relevant period has, and is taken always to have had, the same force and effect as it would have had if section 9AA(1)(b)(iii) as amended by section 38 of the Justice Legislation Amendment Act 2015 were in force during the relevant period.". 24 Authorised by the Chief Parliamentary Counsel -- 27 of 40 -- Part 13—Amendment of Working with Children Amendment (Ministers of Religion and Other Matters) Act 2014 Justice Legislation Amendment Act 2015 No. 20 of 2015 Part 13—Amendment of Working with Children Amendment (Ministers of Religion and Other Matters) Act 2014 40 What is child-related work? In section 9(1) of the Working with Children Amendment (Ministers of Religion and Other Matters) Act 2014, after "Principal Act" insert ", except the example and notes,". 25 Authorised by the Chief Parliamentary Counsel -- 28 of 40 -- Part 14—Amendment of Road Legislation Amendment Act 2013 Justice Legislation Amendment Act 2015 No. 20 of 2015 Part 14—Amendment of Road Legislation Amendment Act 2013 41 New section 7A inserted After section 7 of the Road Legislation Amendment Act 2013 insert— '7A New section 103ZHB inserted After section 103ZHA of the Road Safety Act 1986 insert— "103ZHB Transitional provision—Road Legislation Amendment Act 2013 (1) In this section, commencement day means the day on which section 4 of the Road Legislation Amendment Act 2013 comes into operation. (2) Part 4 of this Act applies to demerit points whether the demerit points are incurred before or after the commencement day. (3) Without limiting the generality of subsection (2)— (a) in sections 36(1) and 46A, a reference to demerit points that a person incurs includes any demerit points incurred by the person before the commencement day; and (b) in section 37(1), a reference to further demerit points that a person incurs includes any demerit points incurred by the person after the earlier notice is issued but before the commencement day; and 26 Authorised by the Chief Parliamentary Counsel -- 29 of 40 -- Part 14—Amendment of Road Legislation Amendment Act 2013 Justice Legislation Amendment Act 2015 No. 20 of 2015 (c) in sections 39(1) and 40(1), a reference to additional demerit points that a person incurs includes any demerit points incurred by the person within the extended demerit point period but before the commencement day.".'. 27 Authorised by the Chief Parliamentary Counsel -- 30 of 40 -- Part 15—Amendment of other Acts Justice Legislation Amendment Act 2015 No. 20 of 2015 Part 15—Amendment of other Acts Division 1—Miscellaneous amendments 42 Criminal Procedure Act 2009—Schedule 3 In Schedule 3 to the Criminal Procedure Act 2009, after item 38 insert— "39 A person authorised under section 31(1) of the Heavy Vehicle National Law Application Act 2013 to commence a proceeding for an offence against the Heavy Vehicle National Law (Victoria).". 43 Coroners Act 2008—Appointment of coroners In section 94(3)(b)(ii) of the Coroners Act 2008, for "an acting" substitute "a". 44 Magistrates' Court Act 1989—Limitation of jurisdiction of the Supreme Court Section 139A(2) of the Magistrates' Court Act 1989 is repealed. 45 Personal Safety Intervention Orders Act 2010— Definitions In section 4 of the Personal Safety Intervention Orders Act 2010, for the definition of working day substitute— "working day, in relation to a court, means a day other than a Saturday, a Sunday or a day appointed as a public holiday under the Public Holidays Act 1993.". 46 Sentencing Amendment (Historical Homosexual Convictions Expungement) Act 2014 In section 3 of the Sentencing Amendment (Historical Homosexual Convictions Expungement) Act 2014, in proposed section 105(3) of the Sentencing Act 1991, for 28 Authorised by the Chief Parliamentary Counsel -- 31 of 40 -- Part 15—Amendment of other Acts Justice Legislation Amendment Act 2015 No. 20 of 2015 "his or her death" substitute "the deceased person's death". Division 2—Statute law revision amendments 47 Administration and Probate Act 1958—Charges on property of deceased to be paid primarily out of the property charged In section 40(1) of the Administration and Probate Act 1958, for "by and" substitute "and". 48 Children, Youth and Families Amendment (Permanent Care and Other Matters) Act 2014 In section 154 of the Children, Youth and Families Amendment (Permanent Care and Other Matters) Act 2014, in clause 16(3) in proposed Schedule 5 to the Children, Youth and Families Act 2005, for "section" substitute "clause". 49 Crimes Act 1958—Fingerscanning for identification purposes In section 464NA(4)(a) of the Crimes Act 1958, for "police officer or" substitute "police officer of or". 50 Crimes Amendment (Sexual Offences and Other Matters) Act 2014 (1) In section 30(b) of the Crimes Amendment (Sexual Offences and Other Matters) Act 2014, in proposed paragraph (cc) in the definition of sexual offence in section 1.1.3(1) of the Education and Training Reform Act 2006, for "38A" substitute "section 38A". (2) In section 31 of the Crimes Amendment (Sexual Offences and Other Matters) Act 2014, in proposed item 2 of Schedule 2 to the Liquor Control Reform Act 1998, for "38A" substitute "section 38A". 29 Authorised by the Chief Parliamentary Counsel -- 32 of 40 -- Part 15—Amendment of other Acts Justice Legislation Amendment Act 2015 No. 20 of 2015 (3) In section 33(4)(c) of the Crimes Amendment (Sexual Offences and Other Matters) Act 2014, after "and 9," insert "for". 51 Family Violence Protection Amendment Act 2014 In section 8 of the Family Violence Protection Amendment Act 2014, in proposed section 56A(2) of the Family Violence Protection Act 2008— (a) for "() whether the affected" substitute "(e) whether the affected"; (b) for "() whether the giving" substitute "(f) whether the giving"; (c) for "() the existence" substitute "(g) the existence". 52 Fines Reform Act 2014 (1) In section 262(2) of the Fines Reform Act 2014, for "219A(3)" substitute "section 219A(3)". (2) In section 315 of the Fines Reform Act 2014, for "Fines Reform Act 2014." substitute "Fines Reform Act 2014". 53 Powers of Attorney Act 2014 In section 163(2) of the Powers of Attorney Act 2014, in proposed section 35(3) of the Trustee Act 1958, for '"power' substitute "power". 54 Sentencing Act 1991 In section 10A(2A)(b) of the Sentencing Act 1991, for "prision" substitute "prison". 55 Sentencing Amendment (Historical Homosexual Convictions Expungement) Act 2014 (1) In section 3 of the Sentencing Amendment (Historical Homosexual Convictions Expungement) Act 2014, in paragraph (b) of the definition of applicant in proposed section 105(1) 30 Authorised by the Chief Parliamentary Counsel -- 33 of 40 -- Part 15—Amendment of other Acts Justice Legislation Amendment Act 2015 No. 20 of 2015 of the Sentencing Act 1991, for "with the meaning" substitute "within the meaning". (2) In section 3 of the Sentencing Amendment (Historical Homosexual Convictions Expungement) Act 2014, in paragraph (d) of the definition of appropriate representative, in proposed section 105(1) of the Sentencing Act 1991, for "18 years;" substitute "18 years; or". (3) In section 3 of the Sentencing Amendment (Historical Homosexual Convictions Expungement) Act 2014, in paragraph (f) of the definition of appropriate representative, in proposed section 105(1) of the Sentencing Act 1991, for "person;" substitute "person; or". Division 3—Amendments relating to complicity 56 Amendments relating to complicity—Schedule 1 An Act specified in the heading to an item in Schedule 1 is amended as set out in that item. 31 Authorised by the Chief Parliamentary Counsel -- 34 of 40 -- Part 16—Amendments to the Firearms Act 1996 Justice Legislation Amendment Act 2015 No. 20 of 2015 Part 16—Amendments to the Firearms Act 1996 57 Requirement to notify Chief Commissioner of persons employed in business or change of nominated person (1) For section 75(4)(b)(ii) of the Firearms Act 1996 substitute— "(ii) subject to subsection (5), a full set of the person's fingerprints.". (2) After section 75(4) of the Firearms Act 1996 insert— "(5) A notice under this section is not required to be accompanied by the person's fingerprints if the person is employed solely for the purpose of officiating at a paintball game.". 58 Non-prohibited persons who are exempt from requirement to hold a licence under Part 2 In Column 1 of item 6A of Schedule 3 to the Firearms Act 1996, for "18 years" substitute "16 years". 32 Authorised by the Chief Parliamentary Counsel -- 35 of 40 -- Part 17—Repeal of amending Act Justice Legislation Amendment Act 2015 No. 20 of 2015 Part 17—Repeal of amending Act 59 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). 33 Authorised by the Chief Parliamentary Counsel -- 36 of 40 -- Schedule 1—Amendments relating to complicity Justice Legislation Amendment Act 2015 No. 20 of 2015 Schedule 1—Amendments relating to complicity Section 56 1 Agricultural and Veterinary Chemicals (Control of Use) Act 1992 For section 72A(6) substitute— "(6) This section does not affect the operation of Subdivision (1) of Division 1 of Part II of the Crimes Act 1958.". 2 ANZAC Day Act 1958 For section 5E(6) substitute— "(6) This section does not affect the operation of Subdivision (1) of Division 1 of Part II of the Crimes Act 1958.". 3 Dairy Act 2000 For section 55A(6) substitute— "(6) This section does not affect the operation of Subdivision (1) of Division 1 of Part II of the Crimes Act 1958.". 4 Electoral Act 2002 For section 179A(6) substitute— "(6) This section does not affect the operation of Subdivision (1) of Division 1 of Part II of the Crimes Act 1958.". 5 Family Violence Protection Act 2008 In section 125 for "section 323" substitute "Subdivision (1) of Division 1 of Part II". 34 Authorised by the Chief Parliamentary Counsel -- 37 of 40 -- Schedule 1—Amendments relating to complicity Justice Legislation Amendment Act 2015 No. 20 of 2015 6 Food Act 1984 For section 51A(6) substitute— "(6) This section does not affect the operation of Subdivision (1) of Division 1 of Part II of the Crimes Act 1958.". 7 Gambling Regulation Act 2003 In section 4.5.31(2), for "the Magistrates' Court Act 1989, a person does not aid, abet, counsel or procure" substitute "Subdivision (1) of Division 1 of Part II of the Crimes Act 1958, a person is not involved in". 8 Gene Technology Act 2001 (1) In section 189(4), omit ", or that may be dealt with and punished under, section 52 of the Magistrates' Court Act 1989 or". (2) At the foot of section 189 insert— "Note A person who is involved in the commission of an offence referred to in section 188 is taken to have committed the offence. See Subdivision (1) of Division 1 of Part II of the Crimes Act 1958 which deals with complicity in the commission of offences.". 9 Liquor Control Reform Act 1998 For section 53A(6) substitute— "(6) This section does not affect the operation of Subdivision (1) of Division 1 of Part II of the Crimes Act 1958.". 10 Shop Trading Reform Act 1996 For section 8A(6) substitute— "(6) This section does not affect the operation of Subdivision (1) of Division 1 of Part II of the Crimes Act 1958.". 35 Authorised by the Chief Parliamentary Counsel -- 38 of 40 -- Schedule 1—Amendments relating to complicity Justice Legislation Amendment Act 2015 No. 20 of 2015 11 Surveillance Devices Act 1999 For section 32(6) substitute— "(6) This section does not affect the operation of Subdivision (1) of Division 1 of Part II of the Crimes Act 1958.". 12 Taxation Administration Act 1997 For section 130A(6) substitute— "(6) This section does not affect the operation of Subdivision (1) of Division 1 of Part II of the Crimes Act 1958.". 13 Unclaimed Money Act 2008 For section 26A(6) substitute— "(6) This section does not affect the operation of Subdivision (1) of Division 1 of Part II of the Crimes Act 1958.". 14 Victoria Police Act 2013 For section 260(5) substitute— "(5) This section does not affect the operation of Subdivision (1) of Division 1 of Part II of the Crimes Act 1958.". 15 Victorian Inspectorate Act 2011 For section 97A(6) substitute— "(6) This section does not affect the operation of Subdivision (1) of Division 1 of Part II of the Crimes Act 1958.". ═══════════════ 36 Authorised by the Chief Parliamentary Counsel -- 39 of 40 -- Endnotes Justice Legislation Amendment Act 2015 No. 20 of 2015 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: 15 April 2015 Legislative Council: 7 May 2015 The long title for the Bill for this Act was "A Bill for an Act to amend the Confiscation Act 1997, the Control of Weapons Act 1990, the Emergency Management Act 2013, the Emergency Management Amendment (Critical Infrastructure Resilience) Act 2014, the Sex Offenders Registration Act 2004, the Victorian Civil and Administrative Tribunal Act 1998, the Crimes Act 1958, the Working with Children Act 2005, the Family Violence Protection Amendment Act 2014, the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997, the Corrections Act 1986, the Working with Children Amendment (Ministers of Religion and Other Matters) Act 2014 , the Road Legislation Amendment Act 2013 and the Firearms Act 1996, to repeal the Magistrates' Court Amendment (Assessment and Referral Court List) Act 2010 and to make miscellaneous amendments to various Acts and for other purposes." 37 Authorised by the Chief Parliamentary Counsel -- 40 of 40 --