Justice Legislation Miscellaneous Amendments Act 2009
i
Justice Legislation Miscellaneous Amendments Act
2009
No. 87 of 2009
TABLE OF PROVISIONS
Section Page
PART 1—PRELIMINARY 1
1 Purposes 1
2 Commencement 2
PART 2—AMENDMENTS TO CRIMES LEGISLATION 3
3 Recording of confessions and admissions 3
4 New sections 464JA to 464JD inserted 4
464JA Offences in relation to recordings 4
464JB Court may give directions in relation to a recording 10
464JC Retention of copy of recording 10
464JD Use of recordings for training, teaching or testing
purposes 12
5 New section 614 inserted 13
614 Transitional provision—Justice Legislation
Miscellaneous Amendments Act 2009 13
6 Interlocutory decision 13
PART 3—AMENDMENTS TO MAJOR CRIME LEGISLATION 14
7 Witness already held in custody 14
8 Revocation of coercive powers orders 14
9 Preliminary requirements 14
10 Restriction on publication of evidence 15
11 Amendment of Major Crime Legislation Amendment
Act 2009—Restriction on publication of evidence 15
PART 4—AMENDMENTS TO SHERIFF ACT 2009 AND
RELATED AMENDMENTS TO OTHER ACTS 16
Division 1—Amendments to the Sheriff Act 2009 16
12 Execution and return of warrants and other processes 16
13 Requirements in relation to entry to premises to execute civil
warrants 16
-- 1 of 49 --
Section Page
ii
14 Sheriff may demand and receive payment in relation to money
warrants 17
15 New h eading to Division 10 of Part 3 17
16 New heading to section 32 17
17 All warrants in a multiple warrant situation must be executed
at the same time 17
18 Execution of warrant to imprison and infringement warrant 17
19 Execution of warrant to imprison and warrant to arrest 18
20 Execution of warrant to imprison, warrant to arrest and
infringement warrant 19
21 Offence to resist sheriff, deputy sheriff or sheriff's officer 20
22 Offence to assault sheriff, deputy sheriff or sheriff's officer 20
23 Offence to escape from lawful custody of sheriff, deputy
sheriff or sheriff's officer 21
24 Offence to rescue or attempt to rescue goods 21
25 Offence to impersonate sheriff, deputy sheriff or sheriff's
officer 21
Division 2—Amendments to other Acts 22
26 Commonwealth Games Arrangements Act 2001—
proceedings where refusal to give up possession 22
27 EastLink Project Act 2004—proceedings where refusal to
give up possession 22
28 EastLink Project Act 2004—proceedings where refusal to
give up possession 22
29 Land Acquisition and Compensation Act 1986—proceedings
where refusal to deliver possession 23
30 Project Development and Construction Management Act
1994—proceedings where refusal to give up possession 23
31 Road Management Act 2004—proceedings where refusal to
give up possession 24
PART 5—AMENDMENTS TO TELECOMMUNICATIONS
(INTERCEPTION) (STATE PROVISIONS) ACT 1988 25
32 Purpose of Principal Act 25
33 Definitions 25
34 Documents connected with issue of warrants to be kept 27
35 Other records to be kept in connection with interceptions 28
36 Documents to be given to the Police Minister 28
37 Documents connected with issue of warrants to be kept 28
38 Other records to be kept in connection with interceptions 29
39 Documents to be given to the Police Integrity Minister 29
-- 2 of 49 --
Section Page
iii
PART 6—AMENDMENT TO INFRINGEMENTS ACT 2006
AND RELATED AMENDMENTS TO OTHER ACTS 30
Division 1—Amendment of Infringements Act 2006 30
40 Cancellation of certain infringement notices 30
41 Applications for revocation of enforcement orders 30
42 Powers to revoke enforcement orders 30
43 Applying for payment order 31
44 Infringements registrar may make payment order 31
45 Consequences of default under a payment order 33
46 New section 81A inserted 33
81A Recall and cancellation of infringement warrant 33
47 Warrant void after 5 years 33
48 New sections 94A and 94B inserted 34
94A Infringements registrar may stay infringement warrant 34
94B Fresh infringement warrant following expiry 35
49 Direction not to renew driver licence or motor vehicle
registration 35
50 Division 1 of Part 10 repealed 35
51 When can an attachment of earnings order be made? 36
52 New sections 128A and 128B inserted 36
128A Allocation of money under attachment of earnings
order 36
128B Infringement warrant stayed if attachment of earnings
order made 37
53 When can an attachment of debts order be made? 38
54 New sections 133A and 133B inserted 38
133A Allocation of money under attachment of debts order 38
133B Infringement warrant may be stayed if attachment of
debts order made 39
55 Section 134 substituted 40
134 Application of Part 40
56 Term of imprisonment in default of payment of outstanding
fines 40
57 Service of documents 41
Division 2—Amendment of Sentencing Act 1991 42
58 New section 16A inserted 42
16A Person may consent to imprisonment in respect of
unpaid fines 42
Division 3—Other consequential amendments 43
59 Amendment of EastLink Project Act 2004 43
60 Amendment of Magistrates' Court Act 1989 43
61 Repeal of section 40G of Water Efficiency Labelling and
Standards Act 2005 43
-- 3 of 49 --
Section Page
iv
PART 7—REPEAL OF AMENDING ACT 44
62 Repeal of Amending Act 44
═══════════════
ENDNOTES 45
-- 4 of 49 --
1
Justice Legislation Miscellaneous
Amendments Act 2009 †
No. 87 of 2009
[Assented to 15 December 2009]
The Parliament of Victoria enacts:
PART 1—PRELIMINARY
1 Purposes
The main purposes of this Act are—
(a) to amend the Crimes Act 1958 in relation to
digital evidence capture;
(b) to amend the Criminal Procedure Act 2009
to replace a reference to a trial judge;
Victoria
-- 5 of 49 --
Part 1—Preliminary
Justice Legislation Miscellaneous Amendments Act 2009
No. 87 of 2009
2
(c) to amend the Major Crime (Investigative
Powers) Act 2004 and the Major Crime
Legislation Amendment Act 2009 to
improve the operation of provisions of those
Acts;
(d) to make miscellaneous amendments to the
Sheriff Act 2009 to improve the operation of
that Act and consequential amendments to
other Acts to remove redundant references to
the sheriff and the deputy sheriff;
(e) to amend the Telecommunications
(Interception) (State Provisions) Act 1988
to ensure consistency with the
Telecommunications (Interception and
Access) Act 1979 of the Commonwealth;
(f) to amend the Infringements Act 2006 and
other Acts to improve the operation of the
infringements system.
2 Commencement
(1) This Part, Part 2 (except sections 3, 4 and 5),
Part 3 (except sections 8 and 10), Part 4 and Part 5
come into operation on the day after the day on
which this Act receives the Royal Assent.
(2) Sections 8 and 10 come into operation on a day to
be proclaimed.
(3) If sections 8 and 10 do not come into operation
before 1 February 2010, they come into operation
on that day.
(4) Subject to subsection (5), the remaining
provisions of this Act come into operation on a
day or days to be proclaimed.
(5) If a provision referred to in subsection (4) does
not come into operation before 1 November 2010,
it comes into operation on that day.
__________________
s. 2
-- 6 of 49 --
Part 2—Amendments to Crimes Legislation
Justice Legislation Miscellaneous Amendments Act 2009
No. 87 of 2009
3
PART 2—AMENDMENTS TO CRIMES LEGISLATION
3 Recording of confessions and admissions
(1) In section 464H(1) of the Crimes Act 1958, for
"and the recording (whether audio recording or
audiovisual recording) is available to be tendered
in evidence" substitute—
"and, if either an audio recording or an
audiovisual recording was made, that recording
or, if both an audio recording and an audiovisual
recording were made, the audiovisual recording is
available to be tendered in evidence".
(2) For section 464H(3)(a) and (b) of the Crimes Act
1958 substitute—
"(a) if either an audio recording or an audiovisual
recording was made, a copy of that recording
as soon as practicable but not later than
7 days after the recording was made; and
(b) if both an audio recording and an audiovisual
recording were made—
(i) the audio recording as soon as
practicable but not later than 7 days
after the recording was made; and
(ii) if the person is charged with an offence
to which the recording relates, a copy
of the audiovisual recording as soon as
practicable but not later than 7 days
after the person is charged; and
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 and
25/2009.
LawToday:
www.
legislation.
vic.gov.au
-- 7 of 49 --
Part 2—Amendments to Crimes Legislation
Justice Legislation Miscellaneous Amendments Act 2009
No. 87 of 2009
4
(c) if a transcript of the recording is prepared, a
copy of the transcript as soon as practicable
but not later than 7 days after the transcript
was made.".
(3) After section 464H(3) of the Crimes Act 1958
insert—
"(3A) On request by a person charged with an
offence or the legal practitioner representing
that person, the investigating official must
provide an additional copy of the audiovisual
recording referred to in subsection (3).".
4 New sections 464JA to 464JD inserted
After section 464J of the Crimes Act 1958
insert—
"464JA Offences in relation to recordings
(1) In this section—
authorised person means—
(a) a member of police personnel
within the meaning of the Police
Regulation Act 1958 (other than
a protective services officer
appointed under Part VIA of that
Act);
(b) a person or body engaged to
provide services to Victoria Police
in relation to the installation or
maintenance of recording
equipment;
(c) the Director of Public
Prosecutions for Victoria or a
person acting under the authority
of the Director;
s. 4
-- 8 of 49 --
Part 2—Amendments to Crimes Legislation
Justice Legislation Miscellaneous Amendments Act 2009
No. 87 of 2009
5
(d) the Chief Crown Prosecutor or a
Crown Prosecutor or Associate
Crown Prosecutor appointed
under the Public Prosecutions
Act 1994;
(e) a person employed in the Office of
Public Prosecutions under the
Public Prosecutions Act 1994;
(f) a legal practitioner representing—
(i) the State; or
(ii) an informant;
(g) a legal practitioner representing—
(i) a suspect recorded under
section 464B(5H), 464G
or 464H; or
(ii) a co-accused of the suspect;
(h) an officer or employee of Victoria
Legal Aid employed under the
Legal Aid Act 1978;
(i) a court or a person acting under
the direction of a court;
(j) a coroner within the meaning of
the Coroners Act 2008 or a
person acting under the direction
of a coroner;
(k) the Commissioner for Law
Enforcement Data Security
appointed under Part 2 of the
Commissioner for Law
Enforcement Data Security Act
2005 or a person acting under his
or her direction;
s. 4
-- 9 of 49 --
Part 2—Amendments to Crimes Legislation
Justice Legislation Miscellaneous Amendments Act 2009
No. 87 of 2009
6
(l) the Chief Examiner or an
Examiner appointed under Part 3
of the Major Crime
(Investigative Powers) Act 2004
or a person acting under the
direction of the Chief Examiner or
an Examiner;
(m) the Director, Police Integrity
appointed under Part 2 of the
Police Integrity Act 2008 or a
person acting under his or her
direction;
(n) the Special Investigations Monitor
appointed under section 5 of the
Major Crime (Special
Investigations Monitor) Act
2004 or a person acting under his
or her direction;
(o) a member of the Legislative
Assembly or Legislative Council
or a person acting under his or her
direction;
(p) a person, or person belonging to a
class of persons, prescribed for the
purposes of this definition;
publish means—
(a) insert in a newspaper or other
publication; or
(b) disseminate by broadcast, telecast
or cinematograph; or
(c) bring to the notice of the public or
any member of the public by any
other means, including by
publication on the Internet;
s. 4
-- 10 of 49 --
Part 2—Amendments to Crimes Legislation
Justice Legislation Miscellaneous Amendments Act 2009
No. 87 of 2009
7
recording means a recording made in
accordance with section 464B(5H),
464G or 464H.
(2) A person must not knowingly possess an
audio recording or an audiovisual recording
unless the person—
(a) is the suspect; or
(b) is a legal practitioner representing the
suspect; or
(c) is an authorised person acting in the
performance of his or her duties; or
(d) has possession of the recording in a
sealed package in the course of his or
her duties as a person engaged by a
person referred to in paragraph (a), (b)
or (c) to transport the recording to that
person.
Penalty: Level 8 imprisonment (1 year
maximum).
Note
The maximum fine that may be imposed on a body
corporate found guilty of an offence against this
subsection is 600 penalty units: see section 113D of
the Sentencing Act 1991.
(3) A person must not play an audio recording or
an audiovisual recording to another person
unless—
(a) the recording is played for purposes
connected with the prosecution or
defence of, or legal proceedings
relating to, a charge to which the
recording relates; or
s. 4
-- 11 of 49 --
Part 2—Amendments to Crimes Legislation
Justice Legislation Miscellaneous Amendments Act 2009
No. 87 of 2009
8
(b) the recording is played for purposes
connected with an investigation of a
death or a fire or an inquest held by a
coroner; or
(c) the recording is played for purposes
connected with disciplinary action
against a member of the force within
the meaning of the Police Regulation
Act 1958; or
(d) the recording is played for purposes
connected with disciplinary action
against a legal practitioner; or
(e) the recording is played in accordance
with the direction of a court under
section 464JB; or
(f) the recording is played in accordance
with section 464JD; or
(g) the recording is played by an authorised
person acting in the course of his or her
duties.
Penalty: Level 8 imprisonment (1 year
maximum).
Note
The maximum fine that may be imposed on a body
corporate found guilty of an offence against this
subsection is 600 penalty units: see section 113D of
the Sentencing Act 1991.
(4) A person must not supply or offer to supply
an audio recording or an audiovisual
recording to another person other than—
(a) the suspect in relation to whom the
recording was made;
s. 4
-- 12 of 49 --
Part 2—Amendments to Crimes Legislation
Justice Legislation Miscellaneous Amendments Act 2009
No. 87 of 2009
9
(b) a legal practitioner representing the
suspect;
(c) an authorised person acting in the
performance of his or her duties;
(d) a person engaged by a person referred
to in paragraph (a), (b) or (c) to
transport the recording.
Penalty: Level 8 imprisonment (1 year
maximum).
Note
The maximum fine that may be imposed on a body
corporate found guilty of an offence against this
subsection is 600 penalty units: see section 113D of
the Sentencing Act 1991.
(5) A person, other than an authorised person
acting in the performance of his or her
duties, must not copy the whole or any part
of an audio recording or an audiovisual
recording or permit another person to make
such a copy, unless the person is acting in
accordance with the direction of a court
under section 464JB.
Penalty: Level 8 imprisonment (1 year
maximum).
Note
The maximum fine that may be imposed on a body
corporate found guilty of an offence against this
subsection is 600 penalty units: see section 113D of
the Sentencing Act 1991.
(6) An authorised person must not knowingly or
recklessly tamper with, modify or erase
(in whole or in part) a recording, except in
accordance with the direction of a court
under section 464JB.
Penalty: Level 8 imprisonment (1 year
maximum).
s. 4
-- 13 of 49 --
Part 2—Amendments to Crimes Legislation
Justice Legislation Miscellaneous Amendments Act 2009
No. 87 of 2009
10
Note
The maximum fine that may be imposed on a body
corporate found guilty of an offence against this
subsection is 600 penalty units: see section 113D of
the Sentencing Act 1991.
(7) A person must not publish or cause to be
published the whole or any part of an audio
recording or an audiovisual recording except
in accordance with the direction of a court
under section 464JB.
Penalty: Level 7 imprisonment (2 years
maximum).
Note
The maximum fine that may be imposed on a body
corporate found guilty of an offence against this
subsection is 1200 penalty units: see section 113D of
the Sentencing Act 1991.
(8) An offence against a provision of this section
is a summary offence.
464JB Court may give directions in relation to a
recording
(1) In this section—
recording has the same meaning as in
section 464JA.
(2) A court may give directions, with or without
conditions, as to the supply, copying, editing,
erasure, playing or publishing of an audio
recording or an audiovisual recording.
464JC Retention of copy of recording
(1) In this section—
authorised person has the same meaning as
in section 464JA;
s. 4
-- 14 of 49 --
Part 2—Amendments to Crimes Legislation
Justice Legislation Miscellaneous Amendments Act 2009
No. 87 of 2009
11
court means—
(a) if a criminal proceeding to which
the recording relates has
commenced but has not been
completed, the court hearing the
proceeding;
(b) in any other case, the Magistrates'
Court;
recording has the same meaning as in
section 464JA.
(2) The Chief Commissioner of Police must
keep a copy of a recording in safe custody
for a period of 7 years from the making of
the recording.
(3) If the court is satisfied that there is good
cause to keep a copy of a recording for a
period longer than 7 years, the court may
order that the Chief Commissioner of Police
retain the copy for a further period specified
in the order.
(4) An application for an order under subsection
(3) may be made by—
(a) the suspect in relation to whom the
recording was made; or
(b) an authorised person acting in the
performance of his or her duties.
(5) The court must not make an order under
subsection (3) unless—
(a) the court is satisfied that the applicant
has given reasonable notice of the
application to the suspect and the Chief
Commissioner of Police; and
s. 4
-- 15 of 49 --
Part 2—Amendments to Crimes Legislation
Justice Legislation Miscellaneous Amendments Act 2009
No. 87 of 2009
12
(b) the court has given the suspect and the
Chief Commissioner of Police a
reasonable opportunity to be heard.
464JD Use of recordings for training, teaching or
testing purposes
(1) In this section—
prescribed person means—
(a) a member of police personnel
within the meaning of the Police
Regulation Act 1958 (other than
a protective services officer
appointed under Part VIA of that
Act);
(b) a person or body engaged to
provide services to Victoria Police
in relation to the installation or
maintenance of recording
equipment;
(c) a legal practitioner or a person
training to become a legal
practitioner; or
(d) a person, or a person belonging to
a class of persons, prescribed for
the purposes of this section;
recording has the same meaning as in
section 464JA.
(2) Subject to section 464JA, a recording may be
played to a prescribed person for the
purposes of training or teaching that person
or testing the recording equipment if—
(a) the suspect has been convicted or found
guilty of the charge to which the
recording relates; and
s. 4
-- 16 of 49 --
Part 2—Amendments to Crimes Legislation
Justice Legislation Miscellaneous Amendments Act 2009
No. 87 of 2009
13
(b) all legal proceedings in relation to the
subject matter in the recording have
been concluded; and
(c) all reasonable measures have been
taken to prevent the identification of the
suspect or any other person (including
an alleged victim) from the recording
when it is played.".
5 New section 614 inserted
At the end of Part 7 of the Crimes Act 1958
insert—
"614 Transitional provision—Justice
Legislation Miscellaneous Amendments
Act 2009
Section 464H as amended by section 3 of the
Justice Legislation Miscellaneous
Amendments Act 2009 applies to an audio
recording or an audiovisual recording made
on or after the commencement of section 3
of that Act.".
6 Interlocutory decision
In section 3 of the Criminal Procedure Act 2009,
in the definition of interlocutory decision, for
"trial judge" substitute "judge".
__________________
s. 5
See:
Act No.
7/2009.
Statute Book:
www.
legislation.
vic.gov.au
-- 17 of 49 --
Part 3—Amendments to Major Crime Legislation
Justice Legislation Miscellaneous Amendments Act 2009
No. 87 of 2009
14
PART 3—AMENDMENTS TO MAJOR CRIME
LEGISLATION
7 Witness already held in custody
After section 18(7) of the Major Crime
(Investigative Powers) Act 2004 insert—
"(8) If an order is made under this section,
sections 12(2), 13, 16, 37(5) and 49 apply as
if a reference in those sections to a witness
summons issued under section 14 or 15
included a reference to an order under this
section.".
8 Revocation of coercive powers orders
In section 18(8) of the Major Crime
(Investigative Powers) Act 2004, for "12(2)"
substitute "12C".
9 Preliminary requirements
(1) In section 31 of the Major Crime (Investigative
Powers) Act 2004, for "Before any question is
asked" substitute "Subject to subsection (2),
before any question is asked".
(2) At the end of section 31 of the Major Crime
(Investigative Powers) Act 2004 insert—
"(2) If a witness attends an examination solely to
produce documents on behalf of a body
corporate that is a corporation or an ADI, the
Chief Examiner is only required to comply
with subsection (1)(d), (e), (f) and (g) in
relation to that witness.".
s. 7
See:
Act No.
79/2004.
Reprint No. 2
as at
2 April 2009
and
amending
Act No.
3/2009.
LawToday:
www.
legislation.
vic.gov.au
-- 18 of 49 --
Part 3—Amendments to Major Crime Legislation
Justice Legislation Miscellaneous Amendments Act 2009
No. 87 of 2009
15
10 Restriction on publication of evidence
In section 43(5)(b) of the Major Crime
(Investigative Powers) Act 2004, after
"examining the evidence" insert "and considering
any submissions made under subsection (4A)".
11 Amendment of Major Crime Legislation
Amendment Act 2009—Restriction on publication
of evidence
In section 10 of the Major Crime Legislation
Amendment Act 2009, in proposed section
43(4A), for "Before a court gives a certificate
under subsection (4)," substitute "When the Chief
Examiner or the Chief Commissioner makes
evidence available to the court in accordance with
subsection (4),".
__________________
s. 10
See:
Act No.
3/2009.
Statute Book:
www.
legislation.
vic.gov.au
-- 19 of 49 --
Part 4—Amendments to Sheriff Act 2009 and Related Amendments to Other
Acts
Justice Legislation Miscellaneous Amendments Act 2009
No. 87 of 2009
16
PART 4—AMENDMENTS TO SHERIFF ACT 2009 AND
RELATED AMENDMENTS TO OTHER ACTS
Division 1—Amendments to the Sheriff Act 2009
12 Execution and return of warrants and other
processes
In section 13(1) of the Sheriff Act 2009, for
"all warrants and" substitute "every warrant or".
13 Requirements in relation to entry to premises to
execute civil warrants
(1) For section 22(4) of the Sheriff Act 2009
substitute—
"(4) The sheriff may use force and assistance to
enter the premises if the owner or occupier
of the premises unreasonably withholds his
or her consent.
(4A) Despite subsection (3), the sheriff may use
force and assistance to enter the premises
if—
(a) the sheriff, after reasonable attempts to
do so, cannot contact the owner or
occupier of the premises; or
(b) the sheriff reasonably believes that the
owner or occupier of the premises is
avoiding being contacted by the
sheriff.".
(2) In section 22(5) of the Sheriff Act 2009, for
"Division" substitute "section".
s. 12
See:
Act No.
9/2009.
LawToday:
www.
legislation.
vic.gov.au
-- 20 of 49 --
Part 4—Amendments to Sheriff Act 2009 and Related Amendments to Other
Acts
Justice Legislation Miscellaneous Amendments Act 2009
No. 87 of 2009
17
14 Sheriff may demand and receive payment in
relation to money warrants
(1) In section 27(4)(b) of the Sheriff Act 2009 omit
"of" (where first occurring).
(2) In section 27(9)(b) of the Sheriff Act 2009, after
"that" (where first occurring) insert ", in the case
of a money warrant that is a criminal warrant,".
15 New heading to Division 10 of Part 3
For the heading to Division 10 of Part 3 of the
Sheriff Act 2009 substitute—
"Division 10—Costs and expenses of execution
of warrants".
16 New heading to section 32
For the heading to section 32 of the Sheriff Act
2009 substitute—
"Sheriff may recover reasonable costs and
expenses of execution".
17 All warrants in a multiple warrant situation must be
executed at the same time
In section 35 of the Sheriff Act 2009, after
"Subject to" insert "section 13 and".
18 Execution of warrant to imprison and infringement
warrant
For section 38(2)(b) of the Sheriff Act 2009
substitute—
"(b) must not execute the infringement warrant
unless—
(i) the person has been arrested under the
warrant to imprison; or
s. 14
-- 21 of 49 --
Part 4—Amendments to Sheriff Act 2009 and Related Amendments to Other
Acts
Justice Legislation Miscellaneous Amendments Act 2009
No. 87 of 2009
18
(ii) the person is in a police gaol in the
legal custody of the Chief
Commissioner of Police or in a prison
in the legal custody of the Secretary.".
19 Execution of warrant to imprison and warrant to
arrest
For section 39(2)(b) of the Sheriff Act 2009
substitute—
"(b) must not execute the warrant to arrest—
(i) unless a seven day demand relating to
the warrant to arrest is served on the
person before the warrant to imprison
has been received by the sheriff and—
(A) the period under that seven day
demand has expired and no
liability discharge event has
occurred before the warrant to
imprison is executed; or
(B) the operation of the period under
that seven day demand has been
waived by the person; or
(ii) unless the person is released from the
legal custody of the Chief
Commissioner of Police or the
Secretary (as the case requires) and—
(A) the period under a seven day
demand relating to the warrant to
arrest and served on the person
has expired and no liability
discharge event has occurred; or
(B) the operation of the period under
that seven day demand has been
waived by the person.".
s. 19
-- 22 of 49 --
Part 4—Amendments to Sheriff Act 2009 and Related Amendments to Other
Acts
Justice Legislation Miscellaneous Amendments Act 2009
No. 87 of 2009
19
20 Execution of warrant to imprison, warrant to arrest
and infringement warrant
(1) For section 40(2)(b) of the Sheriff Act 2009
substitute—
"(b) must not execute the infringement warrant
unless—
(i) the person has been arrested under the
warrant to imprison; or
(ii) the person is in a police gaol in the
legal custody of the Chief
Commissioner of Police or in a prison
in the legal custody of the Secretary;
and".
(2) For section 40(2)(c) of the Sheriff Act 2009
substitute—
"(c) must not execute the warrant to arrest—
(i) unless a seven day demand relating to
the warrant to arrest is served on the
person before the warrant to imprison
has been received by the sheriff and—
(A) the period under that seven day
demand has expired and no
liability discharge event has
occurred before the warrant to
imprison is executed; or
(B) the operation of the period under
that seven day demand has been
waived by the person; or
(ii) unless the person is released from the
legal custody of the Chief
Commissioner of Police or the
Secretary (as the case requires) and—
s. 20
-- 23 of 49 --
Part 4—Amendments to Sheriff Act 2009 and Related Amendments to Other
Acts
Justice Legislation Miscellaneous Amendments Act 2009
No. 87 of 2009
20
(A) the period under a seven day
demand relating to the warrant to
arrest and served on the person
has expired and no liability
discharge event has occurred; or
(B) the operation of the period under
that seven day demand has been
waived by the person.".
21 Offence to resist sheriff, deputy sheriff or sheriff's
officer
(1) For the heading to section 47 of the Sheriff Act
2009 substitute—
"Offence to resist sheriff, deputy sheriff,
sheriff's officer or justice employee".
(2) In section 47 of the Sheriff Act 2009, for "or a
sheriff's officer" substitute ", a sheriff's officer or
an appropriately trained justice employee".
22 Offence to assault sheriff, deputy sheriff or sheriff's
officer
(1) For the heading to section 48 of the Sheriff Act
2009 substitute—
"Offence to assault sheriff, deputy sheriff,
sheriff's officer or justice employee".
(2) In section 48(1)(c) of the Sheriff Act 2009, for
"power." substitute "power; or".
(3) After section 48(1)(c) of the Sheriff Act 2009
insert—
"(d) an appropriately trained justice employee
while the appropriately trained justice
employee is performing or exercising a
delegated enforcement function or power.".
s. 21
-- 24 of 49 --
Part 4—Amendments to Sheriff Act 2009 and Related Amendments to Other
Acts
Justice Legislation Miscellaneous Amendments Act 2009
No. 87 of 2009
21
23 Offence to escape from lawful custody of sheriff,
deputy sheriff or sheriff's officer
(1) For the heading to section 49 of the Sheriff Act
2009 substitute—
"Offence to escape from lawful custody of
sheriff, deputy sheriff, sheriff's officer or
justice employee".
(2) In section 49 of the Sheriff Act 2009, for "or a
sheriff's officer" substitute ", a sheriff's officer or
an appropriately trained justice employee".
24 Offence to rescue or attempt to rescue goods
In section 50(1) of the Sheriff Act 2009, for "or a
sheriff's officer" substitute ", a sheriff's officer or
an appropriately trained justice employee".
25 Offence to impersonate sheriff, deputy sheriff or
sheriff's officer
(1) For the heading to section 51 of the Sheriff Act
2009 substitute—
"Offence to impersonate sheriff, deputy sheriff,
sheriff's officer or justice employee".
(2) In section 51 of the Sheriff Act 2009, for "or a
sheriff's officer" substitute ", a sheriff's officer or
an appropriately trained justice employee".
s. 23
-- 25 of 49 --
Part 4—Amendments to Sheriff Act 2009 and Related Amendments to Other
Acts
Justice Legislation Miscellaneous Amendments Act 2009
No. 87 of 2009
22
Division 2—Amendments to other Acts
26 Commonwealth Games Arrangements Act 2001—
proceedings where refusal to give up possession
Section 39(8) of the Commonwealth Games
Arrangements Act 2001 is repealed.
27 EastLink Project Act 2004—proceedings where
refusal to give up possession
Section 76(8) of the EastLink Project Act 2004
is repealed.
28 EastLink Project Act 2004—proceedings where
refusal to give up possession
Section 117(7) of the EastLink Project Act 2004
is repealed.
s. 26
See:
Act No.
57/2001.
Reprint No. 2
as at
1 March 2006
and
amending
Act Nos
29/2006 and
80/2006.
LawToday:
www.
legislation.
vic.gov.au
See:
Act No.
39/2004.
Reprint No. 2
as at
31 July 2009
and
amending
Act No.
6/2009.
LawToday:
www.
legislation.
vic.gov.au
-- 26 of 49 --
Part 4—Amendments to Sheriff Act 2009 and Related Amendments to Other
Acts
Justice Legislation Miscellaneous Amendments Act 2009
No. 87 of 2009
23
29 Land Acquisition and Compensation Act 1986—
proceedings where refusal to deliver possession
Section 28(8) of the Land Acquisition and
Compensation Act 1986 is repealed.
30 Project Development and Construction
Management Act 1994—proceedings where refusal
to give up possession
Section 20G(8) of the Project Development and
Construction Management Act 1994 is
repealed.
s. 29
See:
Act No.
121/1986.
Reprint No. 4
as at
7 May 2009
and
amending
Act No.
78/2008.
LawToday:
www.
legislation.
vic.gov.au
See:
Act No.
101/1994.
Reprint No. 4
as at
10 September
2009.
LawToday:
www.
legislation.
vic.gov.au
-- 27 of 49 --
Part 4—Amendments to Sheriff Act 2009 and Related Amendments to Other
Acts
Justice Legislation Miscellaneous Amendments Act 2009
No. 87 of 2009
24
31 Road Management Act 2004—proceedings where
refusal to give up possession
Clause 45(8) of Schedule 5A to the Road
Management Act 2004 is repealed.
__________________
s. 31
See:
Act No.
12/2004.
Reprint No. 2
as at
11 October
2006
and
amending
Act Nos
61/2005,
74/2006,
85/2006,
69/2007,
74/2007,
13/2009,
17/2009 and
28/2009.
LawToday:
www.
legislation.
vic.gov.au
-- 28 of 49 --
Part 5—Amendments to Telecommunications (Interception) (State
Provisions) Act 1988
Justice Legislation Miscellaneous Amendments Act 2009
No. 87 of 2009
25
PART 5—AMENDMENTS TO TELECOMMUNICATIONS
(INTERCEPTION) (STATE PROVISIONS) ACT 1988
32 Purpose of Principal Act
In section 1 of the Telecommunications
(Interception) (State Provisions) Act 1988, for
"Telecommunications (Interception) Act 1979 of
the Commonwealth" substitute
"Telecommunications (Interception and Access)
Act 1979 of the Commonwealth".
33 Definitions
(1) In section 3(1) of the Telecommunications
(Interception) (State Provisions) Act 1988, the
definition of Minister is repealed.
(2) In section 3(1) of the Telecommunications
(Interception) (State Provisions) Act 1988, for
the definition of Part VI warrant substitute—
"Part 2–5 warrant means a warrant issued or to
be issued under Part 2–5 of the
Commonwealth Act;".
(3) In section 3(1) of the Telecommunications
(Interception) (State Provisions) Act 1988, in
the definition of restricted record, for "a record
obtained" substitute "a record other than a copy,
that was obtained".
(4) In section 3(1) of the Telecommunications
(Interception) (State Provisions) Act 1988, for
the definition of the Commonwealth Act
substitute—
"the Commonwealth Act means the
Telecommunications (Interception and
Access) Act 1979 of the Commonwealth;".
s. 32
See:
Act No.
46/1988.
Reprint No. 2
as at
7 May 2009.
LawToday:
www.
legislation.
vic.gov.au
-- 29 of 49 --
Part 5—Amendments to Telecommunications (Interception) (State
Provisions) Act 1988
Justice Legislation Miscellaneous Amendments Act 2009
No. 87 of 2009
26
(5) In section 3(1) of the Telecommunications
(Interception) (State Provisions) Act 1988, for
the definition of warrant substitute—
"warrant means a warrant issued under Part 2–5
of the Commonwealth Act.".
(6) In section 3(1) of the Telecommunications
(Interception) (State Provisions) Act 1988
insert the following definitions—
"Police Integrity Minister means the Minister
administering the Police Integrity Act 2008;
Police Minister means the Minister administering
the Police Regulation Act 1958;".
(7) In the Telecommunications (Interception)
(State Provisions) Act 1988—
(a) in sections 7(1) and 12 for "Minister"
(wherever occurring) substitute "Police
Minister";
(b) in section 7(1)(c)(i) for "Minister's"
substitute "Police Minister's";
(c) insert the following heading to section 8—
"Documents to be given by State Police
Minister to Commonwealth Minister";
(d) in section 8 for "The Minister" substitute
"The Police Minister";
(e) In section 8 for "the Minister," substitute
"the Police Minister,";
(f) in the heading to section 9C for "Minister"
substitute "Police Integrity Minister";
(g) in sections 9C(1) and 15 for "Minister"
(wherever occurring) substitute "Police
Integrity Minister",
(h) in section 9C(1)(c)(i) for "Minister's"
substitute "Police Integrity Minister's";
s. 33
-- 30 of 49 --
Part 5—Amendments to Telecommunications (Interception) (State
Provisions) Act 1988
Justice Legislation Miscellaneous Amendments Act 2009
No. 87 of 2009
27
(i) in the heading to section 9D for "State
Minister" substitute "State Police Integrity
Minister";
(j) in section 9D for "The Minister" substitute
"The Police Integrity Minister";
(k) in section 9D for "the Minister," substitute
"the Police Integrity Minister,";
(l) for section 10(c) substitute—
"(c) report to the Police Minister about the
results of the inspections referred to in
paragraph (a) and the Police Integrity
Minister about the results of the
inspections referred to in paragraph (b);
and";
(m) in section 20C for "Minister" substitute
"Police Minister or Police Integrity
Minister";
(n) in section 21 for "The Minister must"
substitute "The Police Minister or the Police
Integrity Minister (as the case requires)
must".
34 Documents connected with issue of warrants to be
kept
(1) For section 5(a), (b) and (c) of the
Telecommunications (Interception) (State
Provisions) Act 1988 substitute—
"(a) each warrant issued to the Police Force; and
(b) a copy of each notification by the Chief
Commissioner of Police under section 59A
of the Commonwealth Act; and
(c) each instrument revoking a warrant issued to
the Police Force; and".
s. 34
-- 31 of 49 --
Part 5—Amendments to Telecommunications (Interception) (State
Provisions) Act 1988
Justice Legislation Miscellaneous Amendments Act 2009
No. 87 of 2009
28
(2) In section 5(f) of the Telecommunications
(Interception) (State Provisions) Act 1988, for
"Part VI warrant" substitute "Part 2–5 warrant".
35 Other records to be kept in connection with
interceptions
(1) In section 6 of the Telecommunications
(Interception) (State Provisions) Act 1988, for
"Part VI warrant" (wherever occurring) substitute
"Part 2–5 warrant".
(2) In section 6 of the Telecommunications
(Interception) (State Provisions) Act 1988, for
"lawfully obtained information" (wherever
occurring) substitute "lawfully intercepted
information".
36 Documents to be given to the Police Minister
(1) In section 7(1)(c) of the Telecommunications
(Interception) (State Provisions) Act 1988, for
"2 months" substitute "3 months".
(2) In section 7(1)(c)(i) of the Telecommunications
(Interception) (State Provisions) Act 1988, for
"Part IX" substitute "Part 2–8".
37 Documents connected with issue of warrants to be
kept
(1) For section 9A(a), (b) and (c) of the
Telecommunications (Interception) (State
Provisions) Act 1988 substitute—
"(a) each warrant issued to the Office of Police
Integrity; and
(b) a copy of each notification by the Director
under section 59A of the Commonwealth
Act; and
(c) each instrument revoking a warrant issued to
the Office of Police Integrity; and".
s. 35
-- 32 of 49 --
Part 5—Amendments to Telecommunications (Interception) (State
Provisions) Act 1988
Justice Legislation Miscellaneous Amendments Act 2009
No. 87 of 2009
29
(2) In section 9A(f) of the Telecommunications
(Interception) (State Provisions) Act 1988, for
"Part VI warrant" substitute "Part 2–5 warrant".
38 Other records to be kept in connection with
interceptions
(1) In section 9B of the Telecommunications
(Interception) (State Provisions) Act 1988, for
"Part VI warrant" (wherever occurring) substitute
"Part 2–5 warrant".
(2) In section 9B of the Telecommunications
(Interception) (State Provisions) Act 1988, for
"lawfully obtained information" (wherever
occurring) substitute "lawfully intercepted
information".
39 Documents to be given to the Police Integrity
Minister
(1) In section 9C(1)(c) of the Telecommunications
(Interception) (State Provisions) Act 1988, for
"2 months" substitute "3 months".
(2) In section 9C(1)(c)(i) of the Telecommunications
(Interception) (State Provisions) Act 1988, for
"Part IX" substitute "Part 2–8".
__________________
s. 38
-- 33 of 49 --
Part 6—Amendment to Infringements Act 2006 and Related Amendments to
Other Acts
Justice Legislation Miscellaneous Amendments Act 2009
No. 87 of 2009
30
PART 6—AMENDMENT TO INFRINGEMENTS ACT 2006
AND RELATED AMENDMENTS TO OTHER ACTS
Division 1—Amendment of Infringements Act 2006
40 Cancellation of certain infringement notices
In section 36 of the Infringements Act 2006—
(a) in paragraph (d), for "1988." substitute
"1988;";
(b) after paragraph (d), insert—
"(e) section 219A of the EastLink Project
Act 2004.".
41 Applications for revocation of enforcement orders
After section 65(3) of the Infringements Act
2006 insert—
"(4) If a person makes more than 2 applications
under subsection (1) in respect of the same
enforcement order, the person must obtain
the leave of the Court before filing any third
or subsequent application under
subsection (3).".
42 Powers to revoke enforcement orders
Section 66(6) of the Infringements Act 2006 is
repealed.
s. 40
See:
Act No.
12/2006.
Reprint No. 2
as at
1 July 2008
and
amending
Act No.
30/2007.
LawToday:
www.
legislation.
vic.gov.au
-- 34 of 49 --
Part 6—Amendment to Infringements Act 2006 and Related Amendments to
Other Acts
Justice Legislation Miscellaneous Amendments Act 2009
No. 87 of 2009
31
43 Applying for payment order
After section 76(1) of the Infringements Act
2006 insert—
"(1A) A person making an application for a
payment order under subsection (1) may also
apply to an infringements registrar for
variation of—
(a) the prescribed costs; or
(b) the prescribed fees on any infringement
warrant.".
44 Infringements registrar may make payment order
(1) In section 77(1) of the Infringements Act 2006
after "payment order" insert "and any application
made for variation of the prescribed costs or
variation of the prescribed fees on any
infringement warrant".
(2) After section 77(1)(c) of the Infringements Act
2006 insert—
"(ca) make an order varying the prescribed costs
or varying the prescribed fees on any
infringement warrant payable under the fine
and adjust the total of the fine accordingly;".
(3) At the foot of section 77(5) of the Infringements
Act 2006 insert—
"Note
See also an infringements registrar's power to stay an
infringement warrant under section 94A.".
(4) In section 77(6) of the Infringements Act 2006—
(a) after "payment order" (where first occurring)
insert "or an application for the variation of
prescribed costs or prescribed fees on any
infringement warrant";
s. 43
-- 35 of 49 --
Part 6—Amendment to Infringements Act 2006 and Related Amendments to
Other Acts
Justice Legislation Miscellaneous Amendments Act 2009
No. 87 of 2009
32
(b) in paragraph (a) after "payment order" insert
"or the order varying the prescribed costs or
prescribed fees".
(5) After section 77(6) of the Infringements Act
2006 insert—
"(7) If an infringements registrar has made a
payment order and an infringement warrant
has been issued in respect of the enforcement
order to which the payment order relates
before the payment order was made, the
infringements registrar may stay the
infringement warrant under section 94A.
(8) If an infringements registrar makes an order
under section 94A staying an infringement
warrant and the fine to which the payment
order relates is subsequently paid in full, the
stay on the infringement warrant ceases and
the warrant expires.
(9) If an infringements registrar makes an order
under section 94A staying an infringement
warrant and the person defaults before full
payment of the fine to which the payment
order relates has been paid—
(a) if the default occurs before the end of
5 years after the infringement warrant
was first issued, the infringement
warrant remains enforceable until it
becomes null and void under
section 94; or
(b) if the default occurs more than 5 years
after the infringement warrant was first
issued, the infringement warrant is null
and void.".
s. 44
-- 36 of 49 --
Part 6—Amendment to Infringements Act 2006 and Related Amendments to
Other Acts
Justice Legislation Miscellaneous Amendments Act 2009
No. 87 of 2009
33
45 Consequences of default under a payment order
In section 78(1) of the Infringements Act 2006,
for "If an" substitute "Subject to section 94A, if
an".
46 New section 81A inserted
After section 81 of the Infringements Act 2006
insert—
"81A Recall and cancellation of infringement
warrant
(1) An infringement warrant issued by an
infringements registrar may be recalled and
cancelled by—
(a) that infringements registrar; or
(b) another registrar from the same venue
of the Court at which the infringement
warrant was issued; or
(c) a magistrate.
(2) If an infringement warrant has been recalled
and cancelled under subsection (1), a fresh
infringement warrant may be issued for the
same purpose as that for which the recalled
infringement warrant was issued.".
47 Warrant void after 5 years
In section 94 of the Infringements Act 2006, for
"An infringement" substitute "Subject to section
94A, an infringement".
s. 45
-- 37 of 49 --
Part 6—Amendment to Infringements Act 2006 and Related Amendments to
Other Acts
Justice Legislation Miscellaneous Amendments Act 2009
No. 87 of 2009
34
48 New sections 94A and 94B inserted
After section 94 of the Infringements Act 2006
insert—
"94A Infringements registrar may stay
infringement warrant
(1) An infringements registrar may stay an
infringement warrant issued in respect of an
enforcement order in the following
circumstances—
(a) if a payment order has been made in
respect of the enforcement order;
(b) if an attachment of earnings order has
been made;
(c) if an attachment of debts order has been
made.
(2) An infringement warrant stayed under
subsection (1) remains issued and
enforceable until the stay ceases and, in
accordance with section 94, on cessation of
the stay—
(a) if a period of 5 years after the
infringement warrant was first issued
has passed—the infringement warrant
is null and void; or
(b) if a period of 5 years after the
infringement warrant was first issued
has not passed—the infringement
warrant remains enforceable.
(3) An infringement warrant issued by an
infringements registrar may be stayed under
this section by—
(a) that infringements registrar; or
s. 48
-- 38 of 49 --
Part 6—Amendment to Infringements Act 2006 and Related Amendments to
Other Acts
Justice Legislation Miscellaneous Amendments Act 2009
No. 87 of 2009
35
(b) another registrar from the same venue
of the Court at which the infringement
warrant was issued; or
(c) a magistrate.
94B Fresh infringement warrant following
expiry
With the leave of the Court—
(a) a fresh infringement warrant may be
issued for the same purpose as that for
which an infringement warrant that has
become null and void under section 94
was issued; and
(b) the fine in respect of which the
infringement warrant that is null and
void because it has not been executed
within 5 years after it was issued
becomes enforceable or recoverable as
if there had been no expiry.".
49 Direction not to renew driver licence or motor
vehicle registration
In section 114(5) of the Infringements Act
2006—
(a) for "a person in default in respect of"
substitute "subject to";
(b) after "warrants" (where first occurring)
insert ", whether or not the person has been
served with a seven-day notice in respect of
any of those warrants".
50 Division 1 of Part 10 repealed
Division 1 of Part 10 of the Infringements Act
2006 is repealed.
s. 49
-- 39 of 49 --
Part 6—Amendment to Infringements Act 2006 and Related Amendments to
Other Acts
Justice Legislation Miscellaneous Amendments Act 2009
No. 87 of 2009
36
51 When can an attachment of earnings order be
made?
After section 123(1) of the Infringements Act
2006 insert—
"(1A) An infringements registrar must not make an
attachment of earnings order unless satisfied
that, in respect of one or more infringement
warrants issued against a person, the person
owes a total amount outstanding which is not
less than the prescribed amount.".
52 New sections 128A and 128B inserted
After section 128 of the Infringements Act 2006
insert—
"128A Allocation of money under attachment of
earnings order
(1) An infringements registrar must allocate
money received under an attachment of
earnings order in order of priority based on
the date of issue of an infringement warrant
with the amount outstanding under the oldest
infringement warrant being paid out first.
(2) The order of priority to be applied when
payments under an attachment of earnings
order are allocated applies—
(a) to all attachment of earnings orders
managed by an infringements registrar;
and
(b) regardless of the origin of the
infringement notices to which the
attachment of earnings order applies.
(3) If a person to whom an attachment of
earnings order is directed overpays the
amount to which the attachment of earnings
order applies by continuing payments after
s. 51
-- 40 of 49 --
Part 6—Amendment to Infringements Act 2006 and Related Amendments to
Other Acts
Justice Legislation Miscellaneous Amendments Act 2009
No. 87 of 2009
37
the attachment of earnings order is satisfied,
an infringements registrar may—
(a) refund the amount of the overpayment
to the person in respect of whom the
attachment of earnings order was made
and—
(i) the Consolidated Fund is hereby
appropriated accordingly; or
(ii) if the amount had been paid into
another fund or account, the
amount is to be refunded from that
fund or account; or
(b) if the person in respect of whom the
attachment of earnings order was made
has other outstanding enforcement
orders that were not subject to the
attachment of earnings order, apply the
amount of the overpayment to those
outstanding enforcement orders if the
person consents to the amount being so
applied.
128B Infringement warrant stayed if
attachment of earnings order made
(1) If an infringements registrar makes an
attachment of earnings order, an
infringement warrant that has been issued
against the person in respect of whom the
attachment of earnings order is made may be
stayed by the infringements registrar in
accordance with section 94A.
(2) A stay on an infringement warrant referred to
in subsection (1) ceases on the discharge of
the attachment of earnings order.".
s. 52
-- 41 of 49 --
Part 6—Amendment to Infringements Act 2006 and Related Amendments to
Other Acts
Justice Legislation Miscellaneous Amendments Act 2009
No. 87 of 2009
38
53 When can an attachment of debts order be made?
After section 129(1) of the Infringements Act
2006 insert—
"(1A) An infringements registrar must not make an
attachment of debts order unless satisfied
that, in respect of one or more infringement
warrants issued against a person, the person
owes a total amount outstanding which is not
less than the prescribed amount.".
54 New sections 133A and 133B inserted
After section 133 of the Infringements Act 2006
insert—
"133A Allocation of money under attachment of
debts order
(1) An infringements registrar must allocate
money received under an attachment of debts
order in order of priority based on the date of
issue of an infringement warrant with the
amount outstanding under the oldest
infringement warrant being paid out first.
(2) The order of priority to be applied when
payments under an attachment of debts order
are allocated applies—
(a) to all attachment of debts orders
managed by an infringements registrar;
and
(b) regardless of the origin of the
infringement notices to which the
attachment of debts order applies.
(3) If a person to whom an attachment of debts
order is directed overpays the amount to
which the attachment of debts order applies
by continuing payments after the attachment
of debts order is satisfied, an infringements
registrar may—
s. 53
-- 42 of 49 --
Part 6—Amendment to Infringements Act 2006 and Related Amendments to
Other Acts
Justice Legislation Miscellaneous Amendments Act 2009
No. 87 of 2009
39
(a) refund the amount of the overpayment
to the person in respect of whom the
attachment of debts order was made
and—
(i) the Consolidated Fund is hereby
appropriated accordingly; or
(ii) if the amount had been paid into
another fund or account, the
amount is to be refunded from that
fund or account; or
(b) if the person in respect of whom the
attachment of debts order was made has
other outstanding enforcement orders
that were not subject to the attachment
of debts order, apply the amount of the
overpayment to those outstanding
enforcement orders if the person
consents to the amount being so
applied.
133B Infringement warrant may be stayed if
attachment of debts order made
(1) If an infringements registrar makes an
attachment of debts order, an infringement
warrant that has been issued against the
person in respect of whom the attachment of
debts order is made may be stayed by an
infringements registrar in accordance with
section 94A.
(2) A stay on an infringement warrant referred to
in subsection (1) ceases on the discharge of
the attachment of debts order.".
s. 54
-- 43 of 49 --
Part 6—Amendment to Infringements Act 2006 and Related Amendments to
Other Acts
Justice Legislation Miscellaneous Amendments Act 2009
No. 87 of 2009
40
55 Section 134 substituted
For section 134 of the Infringements Act 2006
substitute—
"134 Application of Part
This Part applies if enforcement action
pursuant to an infringement warrant or under
Part 8—
(a) has been unsuccessful or unsatisfactory;
or
(b) is not possible; or
(c) is not appropriate.".
56 Term of imprisonment in default of payment of
outstanding fines
(1) For section 161A(1) of the Infringements Act
2006 substitute—
"(1) A person who has one or more infringement
warrants issued against him or her and who
is in custody may request, in writing, the
sheriff to apply to the court for an order for
that person to serve a period of imprisonment
in default of payment of the outstanding
fines under any one or more infringement
warrants.
(1A) On application under subsection (1), the
Court may order that the person be
imprisoned for a period of one day in respect
of each penalty unit, or part of a penalty unit,
of the amount of the penalty units to which
the outstanding fines under the infringement
warrant or warrants is an equivalent amount.
s. 55
-- 44 of 49 --
Part 6—Amendment to Infringements Act 2006 and Related Amendments to
Other Acts
Justice Legislation Miscellaneous Amendments Act 2009
No. 87 of 2009
41
(1B) If the Court makes an order under subsection
(1A), the Court may count the time served by
the person from the date the person requested
the sheriff to make an application under
subsection (1) as time already served for the
purposes of the term of imprisonment
imposed under subsection (1A).".
(2) In sections 161(2), (3) and (4), of the
Infringements Act 2006, for "(1)" (wherever
occurring) substitute "(1A)".
57 Service of documents
(1) In section 162(1) of the Infringements Act 2006,
after paragraph (b) insert—
"(ba) by registered post; or".
(2) For section 162(2)(c) of the Infringements Act
2006 substitute—
"(c) subject to subsection (2A), an attachment of
earnings order; or
(ca) an attachment of debts order; or".
(3) After section 162(2) of the Infringements Act
2006 insert—
"(2A) An attachment of earnings order must be
served on the person to whom the order is
directed—
(a) personally; or
(b) by registered post.".
s. 57
-- 45 of 49 --
Part 6—Amendment to Infringements Act 2006 and Related Amendments to
Other Acts
Justice Legislation Miscellaneous Amendments Act 2009
No. 87 of 2009
42
Division 2—Amendment of Sentencing Act 1991
58 New section 16A inserted
After section 16 of the Sentencing Act 1991
insert—
"16A Person may consent to imprisonment in
respect of unpaid fines
(1) A person who has one or more warrants
issued against him or her under section 62
and who is already in custody serving an
uncompleted sentence of imprisonment may
request, in writing, the sheriff to apply to the
court for an order for that person to serve a
period of imprisonment in default of
payment of the outstanding fine or any
instalment under an instalment order under
any one or more warrants.
(2) The Court may order that the person be
imprisoned in accordance with section 16(2)
for a term calculated in accordance with
section 63.
(3) If the Court makes an order under subsection
(2), the Court may count the time served by
the person from the date the person requested
the sheriff to make an application under
subsection (1) as time already served for the
purposes of the term of imprisonment
imposed on the person under subsection (2).
(4) A court may make an order under subsection
(2) whether or not the person is brought
before the court.".
s. 58
See:
Act No.
49/1991.
Reprint No. 11
as at
15 January
2009
and
amending
Act Nos
46/2008,
7/2009 and
22/2009.
LawToday:
www.
legislation.
vic.gov.au
-- 46 of 49 --
Part 6—Amendment to Infringements Act 2006 and Related Amendments to
Other Acts
Justice Legislation Miscellaneous Amendments Act 2009
No. 87 of 2009
43
Division 3—Other consequential amendments
59 Amendment of EastLink Project Act 2004
In section 219A(6)(c) of the EastLink Project
Act 2004, after "2006" insert ", or if the person is
a child, elects to have the matter heard and
determined in the Children's Court".
60 Amendment of Magistrates' Court Act 1989
(1) In section 3(1) of the Magistrates' Court Act
1989, in the definition of process, for "penalty
enforcement warrant," substitute "infringement
warrant,".
(2) In section 38(1)(d) of the Magistrates' Court Act
1989, for "section 158" substitute "section 156".
(3) In section 60 of the Magistrates' Court Act
1989, for "a penalty enforcement warrant"
(wherever occurring) substitute "an infringement
warrant".
61 Repeal of section 40G of Water Efficiency Labelling
and Standards Act 2005
Section 40G of the Water Efficiency Labelling
and Standards Act 2005 is repealed.
__________________
s. 59
See:
Act No.
51/1989.
Reprint No. 14
as at
21 August
2008
and
amending
Act Nos
51/2006,
12/2008,
34/2008,
38/2008,
52/2008,
68/2008,
72/2008,
74/2008,
76/2008,
78/2008,
83/2008,
4/2009, 7/2009,
9/2009,
13/2009,
25/2009,
30/2009 and
50/2009.
LawToday:
www.
legislation.
vic.gov.au
See:
Act No.
5/2005
and
amending
Act No.
32/2006.
LawToday:
www.
legislation.
vic.gov.au
-- 47 of 49 --
Part 7—Repeal of Amending Act
Justice Legislation Miscellaneous Amendments Act 2009
No. 87 of 2009
44
PART 7—REPEAL OF AMENDING ACT
62 Repeal of Amending Act
This Act is repealed on 1 November 2011.
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).
═══════════════
s. 62
-- 48 of 49 --
Justice Legislation Miscellaneous Amendments Act 2009
No. 87 of 2009
45
ENDNOTES
† Minister's second reading speech—
Legislative Assembly: 15 October 2009
Legislative Council: 12 November 2009
The long title for the Bill for this Act was "A Bill for an Act to amend the
Crimes Act 1958, the Criminal Procedure Act 2009, the Infringements
Act 2006, the Major Crime (Investigative Powers) Act 2004, the
Major Crime Legislation Amendment Act 2009, the Sheriff Act 2009,
the Telecommunications (Interception) (State Provisions) Act 1988
and other Acts and for other purposes."
Endnotes
-- 49 of 49 --