Crimes Legislation Amendment Act 2010
i
Crimes Legislation Amendment Act 2010
No. 7 of 2010
TABLE OF PROVISIONS
Section Page
PART 1—PRELIMINARY 1
1 Purposes 1
2 Commencement 2
PART 2—AMENDMENT OF THE CRIMES ACT 1958 3
3 Sexual penetration of child under the age of 16 3
PART 3—AMENDMENT OF THE CRIMES (CONTROLLED
OPERATIONS) ACT 2004 4
4 Chief officers' reports 4
5 Annual report by Special Investigations Monitor 4
6 New section 59 inserted 4
59 Transitional provision—Crimes Legislation
Amendment Act 2010 4
PART 4—AMENDMENT OF THE EVIDENCE
(MISCELLANEOUS PROVISIONS) ACT 1958 6
7 Definitions 6
8 Exclusion and publication prohibition orders 6
9 New section 164 inserted 7
164 Validation of certain orders 7
PART 5—AMENDMENT OF THE FAMILY VIOLENCE
PROTECTION ACT 2008 8
10 Expiry of Division 8
PART 6—AMENDMENT OF THE FISHERIES ACT 1995 9
11 Secretary's reports 9
12 Annual report by Special Investigations Monitor 9
13 New section 163C inserted 9
163C Transitional provision—Crimes Legislation
Amendment Act 2010 9
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Section Page
ii
PART 7—AMENDMENT OF THE SENTENCING ACT 1991 10
14 Statute law revision amendment to the Sentencing Act 1991 10
PART 8—AMENDMENT OF THE WILDLIFE ACT 1975 11
15 Secretary's reports 11
16 Annual report by Special Investigations Monitor 11
17 New section 92A inserted 11
92A Transitional provision—Crimes Legislation
Amendment Act 2010 11
PART 9—REPEAL OF AMENDING ACT 12
18 Repeal of amending Act 12
═══════════════
ENDNOTES 13
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1
Crimes Legislation Amendment Act
2010 †
No. 7 of 2010
[Assented to 16 March 2010]
The Parliament of Victoria enacts:
PART 1—PRELIMINARY
1 Purposes
The purposes of this Act are—
(a) to amend the Crimes Act 1958 to restructure
the maximum penalties for the offence of
sexual penetration of a child under the age
of 16;
Victoria
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Part 1—Preliminary
Crimes Legislation Amendment Act 2010
No. 7 of 2010
2
(b) to amend the Crimes (Controlled
Operations) Act 2004 as to the reporting
dates required of the Special Investigations
Monitor;
(c) to amend the Evidence (Miscellaneous
Provisions) Act 1958 as to the definition of
a document and other matters;
(d) to amend the Family Violence Protection
Act 2008 to extend the Family Violence
Safety Notice sunset date;
(e) to amend the Fisheries Act 1995 as to the
reporting dates required of the Special
Investigations Monitor;
(f) to make a statute law revision amendment to
the Sentencing Act 1991; and
(g) to amend the Wildlife Act 1975 as to the
reporting dates required of the Special
Investigations Monitor.
2 Commencement
This Act comes into operation on the day after the
day on which this Act receives the Royal Assent.
__________________
s. 2
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Part 2—Amendment of the Crimes Act 1958
Crimes Legislation Amendment Act 2010
No. 7 of 2010
3
PART 2—AMENDMENT OF THE CRIMES ACT 1958
3 Sexual penetration of child under the age of 16
(1) In section 45(2)(a) of the Crimes Act 1958 for
"10" substitute "12".
(2) In section 45(2)(b) of the Crimes Act 1958 for
"10" substitute "12".
(3) For section 45(2)(c) of the Crimes Act 1958
substitute—
"(c) in any other case of sexual penetration of a
child between the ages of 12 and 16, to level
5 imprisonment (10 years maximum).".
(4) In section 45(3)(a) of the Crimes Act 1958 for
"10" substitute "12".
(5) In section 45(4) of the Crimes Act 1958 for "10"
substitute "12".
__________________
s. 3
See:
Act No.
6231.
Reprint No. 21
as at
7 May 2009
and
amending
Act Nos
16/2004,
9/2008,
46/2008,
78/2008,
4/2009, 7/2009,
22/2009,
25/2009,
68/2009 and
69/2009.
LawToday:
www.
legislation.
vic.gov.au
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Part 3—Amendment of the Crimes (Controlled Operations) Act 2004
Crimes Legislation Amendment Act 2010
No. 7 of 2010
4
PART 3—AMENDMENT OF THE CRIMES (CONTROLLED
OPERATIONS) ACT 2004
4 Chief officers' reports
In section 38(1) of the Crimes (Controlled
Operations) Act 2004 for "after 31 March and
30 September" substitute ", after 30 June and
31 December but no more than 2 months after
each date".
5 Annual report by Special Investigations Monitor
In section 39(1) of the Crimes (Controlled
Operations) Act 2004 for "in relation to a law
enforcement agency must, as soon as practicable
after 30 June in each year" substitute "must, as
soon as practicable after receipt of the report of
30 June in each year of the Chief Officer of a law
enforcement agency".
6 New section 59 inserted
After section 58 of the Crimes (Controlled
Operations ) Act 2004 insert—
"59 Transitional provision—Crimes
Legislation Amendment Act 2010
The first report submitted by the Chief
Officer under section 38(1) after the
commencement of section 4 of the Crimes
Legislation Amendment Act 2010 must
include the information required by section
38(1) for any period in the 9 months
s. 4
See:
Act No.
16/2004
and
amending
Act Nos
63/2004,
69/2004,
87/2005,
34/2008,
39/2008 and
45/2008.
LawToday:
www.
legislation.
vic.gov.au
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Part 3—Amendment of the Crimes (Controlled Operations) Act 2004
Crimes Legislation Amendment Act 2010
No. 7 of 2010
5
immediately preceding that commencement,
that has not previously been reported on.".
__________________
s. 6
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Part 4—Amendment of the Evidence (Miscellaneous Provisions) Act 1958
Crimes Legislation Amendment Act 2010
No. 7 of 2010
6
PART 4—AMENDMENT OF THE EVIDENCE
(MISCELLANEOUS PROVISIONS) ACT 1958
7 Definitions
For section 3(2) of the Evidence (Miscellaneous
Provisions) Act 1958 substitute—
"(2) A reference in this Act to a document
includes a reference to—
(a) any part of the document; or
(b) any copy, reproduction or duplicate of
the document or of any part of the
document; or
(c) any part of such a copy, reproduction or
duplicate.".
8 Exclusion and publication prohibition orders
(1) Insert the following heading to section 19B of the
Evidence (Miscellaneous Provisions) Act
1958—
"Exclusion and publication prohibition orders".
(2) In section 19B(2) of the Evidence Act
(Miscellaneous Provisions) 1958, omit "to which
an order under subsection (1) applies".
(3) After section 19B(2) of the Evidence
(Miscellaneous Provisions) Act 1958 insert—
"(2A) The commissioner must not make an order
under subsection (2) unless the
commissioner is satisfied that the making of
the order would facilitate the conduct of the
inquiry by the commission or would
otherwise be in the public interest.".
s. 7
See:
Act No.
6246.
Reprint No. 16
as at
1 September
2008
and
amending
Act Nos
24/2008,
52/2008,
77/2008,
7/2009,
68/2009 and
69/2009.
LawToday:
www.
legislation.
vic.gov.au
-- 8 of 15 --
Part 4—Amendment of the Evidence (Miscellaneous Provisions) Act 1958
Crimes Legislation Amendment Act 2010
No. 7 of 2010
7
9 New section 164 inserted
After section 163 of the Evidence (Miscellaneous
Provisions) Act 1958 insert—
"164 Validation of certain orders
An order of a commissioner presiding at a
hearing of a commission purported to be
made under section 19B(2) and purported to
be in force immediately before the
commencement of this section is, on and
from that commencement, taken to have the
same force and effect as it would have had if
it had been validly made under
section 19B(2).".
__________________
s. 9
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Part 5—Amendment of the Family Violence Protection Act 2008
Crimes Legislation Amendment Act 2010
No. 7 of 2010
8
PART 5—AMENDMENT OF THE FAMILY VIOLENCE
PROTECTION ACT 2008
10 Expiry of Division
In section 41 of the Family Violence Protection
Act 2008 for "2" substitute "3".
__________________
s. 10
See:
Act No.
52/2008
and
amending
Act Nos
51/2009,
55/2009,
68/2009 and
69/2009.
LawToday:
www.
legislation.
vic.gov.au
-- 10 of 15 --
Part 6—Amendment of the Fisheries Act 1995
Crimes Legislation Amendment Act 2010
No. 7 of 2010
9
PART 6—AMENDMENT OF THE FISHERIES ACT 1995
11 Secretary's reports
In section 131S(1) of the Fisheries Act 1995 for
"after 31 March and 30 September" substitute
", after 30 June and 31 December but no more
than 2 months after each date".
12 Annual report by Special Investigations Monitor
In section 131T(1) of the Fisheries Act 1995 for
"after 30 June in each year" substitute "after
receipt of the report of the Secretary of 30 June in
each year".
13 New section 163C inserted
After section 163B of the Fisheries Act 1995
insert—
"163C Transitional provision—Crimes
Legislation Amendment Act 2010
The first report submitted by the Secretary
under section 131S(1) after the
commencement of section 11 of the Crimes
Legislation Amendment Act 2010 must
include the information required by section
131S(1) for any period in the 9 months
immediately preceding that commencement,
that has not previously been reported on.".
__________________
s. 11
See:
Act No.
92/1995.
Reprint No. 6
as at
20 August
2009
and
amending
Act Nos
87/2005,
68/2009 and
69/2009.
LawToday:
www.
legislation.
vic.gov.au
-- 11 of 15 --
Part 7—Amendment of the Sentencing Act 1991
Crimes Legislation Amendment Act 2010
No. 7 of 2010
10
PART 7—AMENDMENT OF THE SENTENCING ACT 1991
14 Statute law revision amendment to the Sentencing
Act 1991
(1) In section 138, where secondly occurring,
for "138" substitute "139".
(2) In section 138, where thirdly occurring,
for "138" substitute "140".
__________________
See:
Act No.
49/1991.
Reprint No. 11
as at
15 January
2009
and
amending
Act No.
22/2009.
LawToday:
www.
legislation.
vic.gov.au
s. 14
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Part 8—Amendment of the Wildlife Act 1975
Crimes Legislation Amendment Act 2010
No. 7 of 2010
11
PART 8—AMENDMENT OF THE WILDLIFE ACT 1975
15 Secretary's reports
In section 74O(1) of the Wildlife Act 1975 for
"after 31 March and 30 September" substitute
", after 30 June and 31 December but no more
than 2 months after each date".
16 Annual report by Special Investigations Monitor
In section 74P(1) of the Wildlife Act 1975 for
"after 30 June in each year" substitute "after
receipt of the report of the Secretary of 30 June in
each year".
17 New section 92A inserted
After section 92 of the Wildlife Act 1975
insert—
"92A Transitional provision—Crimes
Legislation Amendment Act 2010
The first report submitted by the Secretary
under section 74O(1) after the
commencement of section 15 of the Crimes
Legislation Amendment Act 2010 must
include the information required by section
74O(1) for any period in the 9 months
immediately preceding that commencement,
that has not previously been reported on.".
__________________
s. 15
See:
Act No.
8699.
Reprint No. 8
as at
29 February
2008
and
amending
Act Nos
16/2004,
45/2008,
40/2009 and
68/2009.
LawToday:
www.
legislation.
vic.gov.au
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Part 9—Repeal of Amending Act
Crimes Legislation Amendment Act 2010
No. 7 of 2010
12
PART 9—REPEAL OF AMENDING ACT
18 Repeal of amending Act
This Act is repealed 1 year after it commences.
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).
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s. 18
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Crimes Legislation Amendment Act 2010
No. 7 of 2010
13
ENDNOTES
† Minister's second reading speech—
Legislative Assembly: 10 December 2009
Legislative Council: 25 February 2010
The long title for the Bill for this Act was "A Bill for an Act to amend the
Crimes Act 1958 to restructure the maximum penalties for the offence of
sexual penetration of a child under the age of 16, to amend the Crimes
(Controlled Operations) Act 2004, the Evidence (Miscellaneous
Provisions) Act 1958, the Family Violence Protection Act 2008, the
Fisheries Act 1995, the Sentencing Act 1991 and the Wildlife Act 1975
and for other purposes."
Endnotes
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