Justice Legislation Amendment (Infringement Offences) Act 2011

Authorised by the Chief Parliamentary Counsel Authorised Version i Justice Legislation Amendment (Infringement Offences) Act 2011 No. 27 of 2011 TABLE OF PROVISIONS Section Page 1 Purpose 1 2 Commencement 2 3 Infringements and Other Acts Amendment Act 2008 2 4 Liquor Control Reform Amendment (Party Buses) Act 2009 2 5 Extension of trial period for the offence of shop theft 3 6 Extension of trial period for the offence of wilful damage 3 7 New section 63 inserted—Summary Offences Act 1966 4 63 Savings and validation provision—Summary Offences and Control of Weapons Acts Amendment Act 2009—lodgeable infringement offences 4 8 New section 47 inserted—Tobacco Act 1987 5 47 Savings and validation provision—Tobacco Amendment (Protection of Children) Act 2009— lodgeable infringement offences 5 9 Children, Youth and Families Act 2005 6 10 Repeal of amending Act 6 ═══════════════ ENDNOTES 7 -- 1 of 8 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 Justice Legislation Amendment (Infringement Offences) Act 2011 † No. 27 of 2011 [Assented to 21 June 2011] The Parliament of Victoria enacts: 1 Purpose The main purpose of this Act is to— (a) amend the Infringements and Other Acts Amendment Act 2008 and the Liquor Control Reform Amendment (Party Buses) Act 2009 to provide for the ongoing ability to enforce certain offences by infringement notice; and Victoria -- 2 of 8 -- Justice Legislation Amendment (Infringement Offences) Act 2011 No. 27 of 2011 2 Authorised by the Chief Parliamentary Counsel (b) amend the Crimes Act 1958 and the Summary Offences Act 1966 to extend the trial period of enforcement of certain offences by infringement notice for a further 12 months and to provide for a savings provision in the Summary Offences Act 1966; and (c) amend the Tobacco Act 1987 to provide for a savings provision; and (d) make a minor and technical amendment to the Children, Youth and Families Act 2005. 2 Commencement (1) This Act, other than this section, sections 5, 6, 7 and 8, comes into operation on 30 June 2011. (2) This section comes into operation on the day that this Act receives the Royal Assent. (3) Section 7 is taken to have come into operation on 16 December 2009. (4) Section 8 is taken to have come into operation on 1 January 2010. (5) Sections 5 and 6 come into operation on 1 July 2012. 3 Infringements and Other Acts Amendment Act 2008 (1) Section 2(2) and (4) of the Infringements and Other Acts Amendment Act 2008 are repealed. (2) Section 11 of the Infringements and Other Acts Amendment Act 2008 is repealed. 4 Liquor Control Reform Amendment (Party Buses) Act 2009 (1) Section 2(2) of the Liquor Control Reform Amendment (Party Buses) Act 2009 is repealed. s. 2 See: Act No. 9/2008. Statute Book: www. legislation. vic.gov.au See: Act No. 88/2009. Statute Book: www. legislation. vic.gov.au -- 3 of 8 -- Justice Legislation Amendment (Infringement Offences) Act 2011 No. 27 of 2011 3 Authorised by the Chief Parliamentary Counsel (2) Section 9 of the Liquor Control Reform Amendment (Party Buses) Act 2009 is repealed. 5 Extension of trial period for the offence of shop theft Section 74A of the Crimes Act 1958 is repealed. 6 Extension of trial period for the offence of wilful damage (1) Section 60AA(1A)(a) of the Summary Offences Act 1966 is repealed. (2) In section 60AB(2)(a) of the Summary Offences Act 1966, omit "9(1)(c) or". s. 5 See: Act No. 6231. Reprint No. 22 as at 17 March 2010 and amending Act Nos 16/2004, 9/2008, 87/2009, 13/2010, 49/2010, 53/2010, 63/2010, 64/2010 and 65/2010. LawToday: www. legislation. vic.gov.au See: Act No. 7405. Reprint No. 10 as at 1 January 2009 and amending Act Nos 9/2008, 46/2008, 1/2009, 7/2009, 68/2009, 92/2009, 13/2010, 18/2010, 29/2010 and 63/2010. LawToday: www. legislation. vic.gov.au -- 4 of 8 -- Justice Legislation Amendment (Infringement Offences) Act 2011 No. 27 of 2011 4 Authorised by the Chief Parliamentary Counsel 7 New section 63 inserted—Summary Offences Act 1966 After section 62 of the Summary Offences Act 1966 insert— "63 Savings and validation provision— Summary Offences and Control of Weapons Acts Amendment Act 2009— lodgeable infringement offences (1) Despite anything to the contrary in the Infringements Act 2006, on and from 16 December 2009, an offence against section 6, 13, 14 or 17A which is an infringement offence within the meaning of that Act— (a) is taken to be, and to always have been, a lodgeable infringement offence within the meaning of that Act as if it had been prescribed as a lodgeable infringement offence by regulations made under that Act; and (b) may be dealt with as a lodgeable infringement offence under that Act. (2) Any lodgement under Part 4 of the Infringements Act 2006 and any enforcement action taken under that Act in respect of an infringement offence referred to in subsection (1) is taken to be, and to always have been, a valid and lawful lodgement or enforcement action under that Act, as the case requires, to the extent that the lodgement or enforcement action was taken on the basis that the infringement offence was a lodgeable infringement offence.". s. 7 -- 5 of 8 -- Justice Legislation Amendment (Infringement Offences) Act 2011 No. 27 of 2011 5 Authorised by the Chief Parliamentary Counsel 8 New section 47 inserted—Tobacco Act 1987 After section 46 of the Tobacco Act 1987 insert— "47 Savings and validation provision— Tobacco Amendment (Protection of Children) Act 2009—lodgeable infringement offences (1) Despite anything to the contrary in the Infringements Act 2006, on and from 1 January 2010, an offence against section 5S which is an infringement offence within the meaning of that Act— (a) is taken to be, and to always have been, a lodgeable infringement offence within the meaning of that Act as if it had been prescribed as a lodgeable infringement offence by regulations made under that Act; and (b) may be dealt with as a lodgeable infringement offence under that Act. (2) Any lodgement under Part 4 of the Infringements Act 2006 and any enforcement action taken under that Act in respect of an infringement offence referred to in subsection (1) is taken to be, and to always have been, a valid and lawful lodgement or enforcement action under that Act, as the case requires, to the extent that the lodgement or enforcement action was taken on the basis that the infringement offence was a lodgeable infringement offence.". s. 8 -- 6 of 8 -- Justice Legislation Amendment (Infringement Offences) Act 2011 No. 27 of 2011 6 Authorised by the Chief Parliamentary Counsel 9 Children, Youth and Families Act 2005 In clause 17(1)(d) of Schedule 3 to the Children, Youth and Families Act 2005, for "registrar" substitute "Court". 10 Repeal of amending Act This Act is repealed on 1 July 2013. 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). ═══════════════ See: Act No. 96/2005. Reprint No. 3 as at 1 January 2011 and amending Act Nos 51/2006 and 53/2010. LawToday: www. legislation. vic.gov.au s. 9 -- 7 of 8 -- Justice Legislation Amendment (Infringement Offences) Act 2011 No. 27 of 2011 7 Authorised by the Chief Parliamentary Counsel ENDNOTES † Minister's second reading speech— Legislative Assembly: 5 May 2011 Legislative Council: 2 June 2011 The long title for the Bill for this Act was "A Bill for an Act to amend the Crimes Act 1958, the Infringements and Other Acts Amendment Act 2008, the Liquor Control Reform Amendment (Party Buses) Act 2009 and the Summary Offences Act 1966 in relation to certain offences enforceable by infringement notice, to amend the Tobacco Act 1987 and to make minor and technical amendments to the Children, Youth and Families Act 2005 and for other purposes." Endnotes -- 8 of 8 --