Justice Legislation Amendment Act 2007

Justice Legislation Amendment Act 2007 No. 53 of 2007 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1 Purpose 1 2 Commencement 3 PART 2—AMENDMENTS TO THE CONTROL OF WEAPONS ACT 1990 4 3 Definitions 4 4 Prohibited weapons 5 5 New Penalties for section 5A (purchasing prohibited weapons) 6 6 Control of controlled weapons 6 7 Control of use of dangerous articles 7 8 New penalty for section 8A(1) (control of body armour) 8 9 Approvals for prohibited weapons and body armour 8 10 Offences regarding exemptions and approvals 9 11 New sections 8EA and 8EB inserted 9 8EA Offences by body corporate 9 8EB Offences by partners 10 12 Search without warrant 10 13 New section 11A inserted 10 11A Indictable offence 10 14 New section 15 inserted 11 15 Transitional provision—Justice Legislation Amendment Act 2007 11 PART 3—AMENDMENTS TO THE CORRECTIONS ACT 1986 12 15 Victim may be given certain information about a prisoner 12 16 New Division heading and new section 47AA inserted 12 Division 4A—Letters to and from prisoners 12 47AA Definitions 12 17 When letters may be stopped and censored 14 18 New section 47DA inserted 14 47DA Offence for prisoner to send distressing or traumatic letters 14 i -- 1 of 22 -- Section Page 19 Regulations 14 20 New sections 112A and 112B inserted 15 112A Additional regulation-making powers—firearms 15 112B Validation of regulations 16 21 New section 116 inserted 17 116 Transitional provision—victims register 17 PART 4—AMENDMENTS TO OTHER ACTS 18 22 Amendment of the Legal Aid Act 1978 18 23 Amendment of the Magistrates' Court Act 1989 18 42H Offence to possess, carry or use a prohibited weapon in or in the vicinity of licensed premises 18 PART 5—REPEAL OF ACT 19 24 Repeal of Act 19 ═══════════════ ENDNOTES 20 ii -- 2 of 22 -- Victoria Justice Legislation Amendment Act 2007† No. 53 of 2007 [Assented to 17 October 2007] The Parliament of Victoria enacts: PART 1—PRELIMINARY 1 Purpose The main purpose of this Act is— (a) to amend the Control of Weapons Act 1990— (i) to prohibit the carrying of dangerous articles for the purposes of self- defence; and 1 -- 3 of 22 -- Part 1—Preliminary Justice Legislation Amendment Act 2007 No. 53 of 2007 s. 1 (ii) to provide for new offences for possession of weapons in, and in the immediate vicinity of, licensed premises; and (iii) to increase certain penalties for existing offences under that Act; and (b) to amend the Corrections Act 1986— (i) to provide that certain serious road safety offences are criminal acts of violence for the purposes of the victims register; and (ii) to enable the Governor of a prison to stop or censor letters sent to a prisoner or from a prisoner that may be distressing or traumatic to a victim; and (iii) to make it an offence for a prisoner to send or attempt to send a letter to a victim that may be distressing or traumatic to the victim or any other victim who might reasonably receive it; and (iv) to make further provision for the power to make regulations with respect to the issuing and use of firearms by escort officers; and (c) to amend the Legal Aid Act 1978 to extend the maximum period of membership of practitioner panels; and (d) to amend the Magistrates' Court Act 1989 to enable a new offence under the Control of Weapons Act 1990 to be triable summarily. 2 -- 4 of 22 -- Part 1—Preliminary Justice Legislation Amendment Act 2007 No. 53 of 2007 s. 2 2 Commencement (1) This Part, sections 3(2), 4(3), 7(3), 7(4), 7(5), 8(2), 9, 10(2), 10(4), 11, 18 and 22 and Part 5 come into operation on the day after the day on which this Act receives the Royal Assent. (2) Sections 16 and 17 are deemed to have come into operation on 1 July 2005. (3) Subject to subsections (4), (5) and (6), the remaining provisions of this Act come into operation on a day or days to be proclaimed. (4) If sections 15 and 21 do not come into operation before 1 December 2007, they come into operation on that day. (5) If sections 19 and 20 do not come into operation before 1 May 2008, they come into operation on that day. (6) If a provision referred to in subsection (3), that is not referred to in subsection (4) or (5), does not come into operation before 1 July 2008, it comes into operation on that day. __________________ 3 -- 5 of 22 -- Part 2—Amendments to the Control of Weapons Act 1990 Justice Legislation Amendment Act 2007 No. 53 of 2007 s. 3 PART 2—AMENDMENTS TO THE CONTROL OF WEAPONS ACT 1990 3 Definitions (1) In section 3 of the Control of Weapons Act 1990, insert the following definition— See: Act No. 24/1990. Reprint No. 3 as at 17 December 2000 and amending Act Nos 7/2002, 9/2003, 78/2005, 24/2006 and 1/2007. LawToday: www. legislation. vic.gov.au "licensed premises means any licensed premises within the meaning of the Liquor Control Reform Act 1998 in respect of which— (a) a general licence; or (b) an on-premises licence; or (c) a club licence— within the meaning of that Act has been issued under that Act;". (2) In section 3 of the Control of Weapons Act 1990, insert the following definition— "officer, in relation to a body corporate, means a director, secretary or executive officer of the body corporate;". (3) In section 3 of the Control of Weapons Act 1990, in the definition of public place, after "Summary Offences Act 1966" insert "and also includes a non-government school". (4) At the end of section 3 of the Control of Weapons Act 1990 insert— "(2) A reference in this Act to the immediate vicinity of licensed premises means a place that is within 20 metres of the licensed premises.". 4 -- 6 of 22 -- Part 2—Amendments to the Control of Weapons Act 1990 Justice Legislation Amendment Act 2007 No. 53 of 2007 s. 4 4 Prohibited weapons (1) After section 5(1) of the Control of Weapons Act 1990 insert— "(1A) A person who is in licensed premises or in a public place that is in the immediate vicinity of licensed premises must not possess, carry or use a prohibited weapon without— (a) an exemption under section 8B; or (b) an approval under section 8C. Penalty: 480 penalty units or 4 years imprisonment. (1B) If a person is convicted or found guilty of an offence against subsection (1A) in respect of an act or omission, that person is not liable to be convicted or found guilty of an offence against subsection (1)(e) in respect of the same act or omission.". (2) For the penalty at the foot of section 5(2) of the Control of Weapons Act 1990 substitute— "Penalty: 240 penalty units or imprisonment for 2 years.". (3) After section 5(2) of the Control of Weapons Act 1990 insert— "(3) Subsections (1), (1A) and (2) do not apply to an employee of a person who holds an approval under section 8C if the employee is acting in the course of his or her employment and in accordance with the approval.". 5 -- 7 of 22 -- Part 2—Amendments to the Control of Weapons Act 1990 Justice Legislation Amendment Act 2007 No. 53 of 2007 s. 5 5 New Penalties for section 5A (purchasing prohibited weapons) (1) For the penalty at the foot of section 5A(1) of the Control of Weapons Act 1990 substitute— "Penalty: 60 penalty units.". (2) For the penalty at the foot of section 5A(2) of the Control of Weapons Act 1990 substitute— "Penalty: 60 penalty units.". (3) For the penalty at the foot of section 5A(3) of the Control of Weapons Act 1990 substitute— "Penalty: 120 penalty units.". 6 Control of controlled weapons (1) After section 6(1) of the Control of Weapons Act 1990 insert— "(1A) A person who is in licensed premises or in a public place that is in the immediate vicinity of licensed premises must not possess, carry or use a controlled weapon without lawful excuse. Penalty: 240 penalty units or imprisonment for 2 years. (1B) If a person is convicted or found guilty of an offence against subsection (1A) in respect of an act or omission that person is not liable to be convicted or found guilty of an offence against subsection (1) in respect of the same act or omission.". (2) For the penalty at the foot of section 6(2) of the Control of Weapons Act 1990 substitute— "Penalty: 20 penalty units.". 6 -- 8 of 22 -- Part 2—Amendments to the Control of Weapons Act 1990 Justice Legislation Amendment Act 2007 No. 53 of 2007 s. 7 7 Control of use of dangerous articles (1) In section 7(1) of the Control of Weapons Act 1990 omit "or a non-government school". (2) After section 7(1) of the Control of Weapons Act 1990 insert— "(1A) A person who is in licensed premises or in a public place that is in the immediate vicinity of licensed premises must not possess or carry a dangerous article without lawful excuse. Penalty: 120 penalty units or imprisonment for 1 year. (1B) If a person is convicted or found guilty of an offence against subsection (1A) in respect of an act or omission that person is not liable to be convicted or found guilty of an offence against subsection (1) in respect of the same act or omission.". (3) For section 7(2)(d) of the Control of Weapons Act 1990 substitute— "(d) the use of the article for the purpose for which it is designed or intended— but does not include possession or carriage of a dangerous article for the purpose of self-defence.". (4) Section 7(3) of the Control of Weapons Act 1990 is repealed. (5) For section 7(4) of the Control of Weapons Act 1990 substitute— "(4) In considering whether a person has a lawful excuse to possess or carry a dangerous article, the court must have regard to the circumstances, such as time and location, of the incident.". 7 -- 9 of 22 -- Part 2—Amendments to the Control of Weapons Act 1990 Justice Legislation Amendment Act 2007 No. 53 of 2007 s. 8 8 New penalty for section 8A(1) (control of body armour) (1) For the penalty at the foot of section 8A(1) of the Control of Weapons Act 1990 substitute— "Penalty: 240 penalty units or imprisonment for 2 years.". (2) After section 8A(1) of the Control of Weapons Act 1990 insert— "(2) Subsection (1) does not apply to an employee of a person who holds an approval under section 8C if the employee is acting in the course of his or her employment and in accordance with the approval.". 9 Approvals for prohibited weapons and body armour (1) After section 8C(1) of the Control of Weapons Act 1990 insert— "(1A) If an approval is granted under subsection (1) to a person who is a member of a partnership, the approval is taken to apply to each member of the partnership.". (2) In section 8C(2)(b) of the Control of Weapons Act 1990, for "official duties." substitute "official duties; or". (3) After section 8C(2)(b) of the Control of Weapons Act 1990 insert— "(c) a person who is a member of a partnership if another member of the partnership is a prohibited person; or (d) a body corporate if an officer of the body corporate is a prohibited person.". 8 -- 10 of 22 -- Part 2—Amendments to the Control of Weapons Act 1990 Justice Legislation Amendment Act 2007 No. 53 of 2007 s. 10 10 Offences regarding exemptions and approvals (1) For the penalty at the foot of section 8E(1) of the Control of Weapons Act 1990 substitute— "Penalty: 20 penalty units.". (2) After section 8E(1) of the Control of Weapons Act 1990 insert— "(1A) An employee of a person to whom an approval has been granted under section 8C must not intentionally or recklessly breach a condition to which the approval is subject while, in the course of that employment, performing duties for which the approval is required. Penalty: 5 penalty units.". (3) For the penalty at the foot of section 8E(2) of the Control of Weapons Act 1990 substitute— "Penalty: 20 penalty units.". (4) After section 8E(2) of the Control of Weapons Act 1990 insert— "(3) A person who is the holder of an approval under section 8C must not employ a prohibited person, or allow a prohibited person to be employed, to carry out duties for which an approval under section 8C is required. Penalty: 60 penalty units.". 11 New sections 8EA and 8EB inserted After section 8E of the Control of Weapons Act 1990 insert— "8EA Offences by body corporate (1) If a body corporate contravenes a provision of this Act, each officer of the body corporate is deemed to have contravened the 9 -- 11 of 22 -- Part 2—Amendments to the Control of Weapons Act 1990 Justice Legislation Amendment Act 2007 No. 53 of 2007 s. 12 same provision if the officer knowingly authorised or permitted the contravention. (2) A person may be proceeded against and convicted under a provision in accordance with subsection (1) whether or not the body corporate has been proceeded against or been convicted under that provision. (3) Nothing in this section affects any liability imposed on a body corporate for an offence committed by the body corporate against this Act. 8EB Offences by partners (1) If a person who is a member of a partnership contravenes a provision of this Act, the partner or partners of that person are deemed to have contravened the same provision if the partner or partners knowingly authorised or permitted the contravention. (2) A person may be proceeded against and convicted under a provision in accordance with subsection (1) whether or not another member of the partnership has been proceeded against or been convicted under that provision.". 12 Search without warrant In section 10(1)(a) of the Control of Weapons Act 1990 omit "or a non-government school". 13 New section 11A inserted After section 11 of the Control of Weapons Act 1990 insert— "11A Indictable offence An offence under section 5(1A) is an indictable offence.". 10 -- 12 of 22 -- Part 2—Amendments to the Control of Weapons Act 1990 Justice Legislation Amendment Act 2007 No. 53 of 2007 s. 14 14 New section 15 inserted After section 14 of the Control of Weapons Act 1990 insert— "15 Transitional provision—Justice Legislation Amendment Act 2007 (1) The amendments made to this Act by sections 7(3), 7(4) and 7(5) of the Justice Legislation Amendment Act 2007 apply only to offences alleged to have been committed on or after the commencement of those sections. (2) For the purposes of subsection (1), if an offence is alleged to have been committed between two dates and the provision of the Justice Legislation Amendment Act 2007 effecting the amendment commences on a date between those two dates, the offence is alleged to have been committed before the commencement of that provision.". __________________ 11 -- 13 of 22 -- Part 3—Amendments to the Corrections Act 1986 Justice Legislation Amendment Act 2007 No. 53 of 2007 s. 15 PART 3—AMENDMENTS TO THE CORRECTIONS ACT 1986 15 Victim may be given certain information about a prisoner (1) In section 30A(1) of the Corrections Act 1986, after paragraph (g) of the definition of criminal act of violence insert— See: Act No. 117/1986. Reprint No. 6 as at 9 March 2006 and amending Act Nos 23/2006, 24/2006, 32/2006, 48/2006, 49/2006, 80/2006 and 28/2007. LawToday: www. legislation. vic.gov.au "(ga) an offence against section 318(1) of the Crimes Act 1958 (culpable driving causing death) or any corresponding previous enactment; (gb) an offence against section 319(1) of the Crimes Act 1958 (dangerous driving causing death or serious injury) or any corresponding previous enactment; (gc) an offence against section 61(3) of the Road Safety Act 1986 (failing to stop and render assistance after a motor vehicle accident causing death or serious injury) or any corresponding previous enactment;". (2) In section 30A(1) of the Corrections Act 1986, in paragraph (h) of the definition of criminal act of violence, for "paragraphs (a) to (g)" substitute "paragraphs (a) to (gc)". 16 New Division heading and new section 47AA inserted After section 47 of the Corrections Act 1986 insert— "Division 4A—Letters to and from prisoners 47AA Definitions In this Division— family member, in relation to a person, means— 12 -- 14 of 22 -- Part 3—Amendments to the Corrections Act 1986 Justice Legislation Amendment Act 2007 No. 53 of 2007 s. 16 (a) a partner of the person; or (b) a parent, step-parent, legal guardian or grandparent of the person or of a partner of the person; or (c) a child or grandchild (of any age) of the person or of a partner of the person or a child of whom that person or the person's partner is a guardian; or (d) a sibling or a step-sibling of the person or of a partner of the person; or (e) a child (of any age) of a sibling of the person or of a sibling of a partner of the person; or (f) a child (of any age) of a sibling of a parent of the person or of a sibling of a parent of a partner of the person; or (g) a person who has or has had an intimate personal relationship with that person; or (h) a child who normally or regularly resides with that person; or (i) another person who is or has been ordinarily a member of the household of that person; victim means— (a) a natural person who has suffered injury, loss or damage (including grief, distress, trauma or other significant adverse effect) as a direct result of an offence, whether or not that injury, loss or 13 -- 15 of 22 -- Part 3—Amendments to the Corrections Act 1986 Justice Legislation Amendment Act 2007 No. 53 of 2007 s. 17 damage was reasonably foreseeable by the offender; or (b) a family member of a person to whom paragraph (a) applies.". 17 When letters may be stopped and censored In section 47D(1)(d) of the Corrections Act 1986, after "matter," insert "or written or pictorial matter that may be regarded by a victim as distressing or traumatic,". 18 New section 47DA inserted After section 47D of the Corrections Act 1986 insert— "47DA Offence for prisoner to send distressing or traumatic letters A prisoner must not send or cause to be sent, or attempt to send or cause to be sent, a letter to a victim who is not listed in section 47(1)(m) if the prisoner knows, or ought reasonably to know, that the letter contains written or pictorial matter that may be regarded as distressing or traumatic by the victim or any other victim who might reasonably receive it. Penalty: 6 months imprisonment.". 19 Regulations (1) Section 112(1)(k) of the Corrections Act 1986 is repealed. (2) After section 112(1)(s) of the Corrections Act 1986 insert— "(sa) the establishment of bodies for the purpose of carrying out functions under the regulations;". 14 -- 16 of 22 -- Part 3—Amendments to the Corrections Act 1986 Justice Legislation Amendment Act 2007 No. 53 of 2007 s. 20 20 New sections 112A and 112B inserted After section 112 of the Corrections Act 1986 insert— "112A Additional regulation-making powers— firearms Without limiting section 112, the Governor in Council may, subject to disallowance by Parliament, make regulations for or with respect to— (a) the manner and circumstances in which an escort officer may be issued with a firearm, including circumstances relating to— (i) the classification of prisoners and prisons; (ii) firearms training; (iii) cases of emergency; (b) without limiting paragraph (a), conferring discretion on the Secretary or a Governor to issue a firearm to an escort officer in circumstances where the Secretary or Governor reasonably believes that a firearm is necessary for the security or good order of the prison or for the safety of a prisoner, an escort officer or other persons; (c) the carrying and storage of firearms issued to escort officers; 15 -- 17 of 22 -- Part 3—Amendments to the Corrections Act 1986 Justice Legislation Amendment Act 2007 No. 53 of 2007 s. 20 (d) the use of firearms by escort officers while acting in the course of their duties as escort officers in circumstances where the escort officer believes on reasonable grounds that the use of the firearm is the only practicable way to prevent the escape of a prisoner from custody; (e) the use of firearms by escort officers while acting in the course of their duties as escort officers in circumstances where the escort officer reasonably believes that the use of the firearm is the only practicable way to prevent death or serious injury being caused to— (i) a person in the prison; or (ii) an officer (within the meaning of Part 5), or an escort officer, acting in the course of his or her duties outside a prison; or (iii) a prisoner outside a prison. 112B Validation of regulations Any regulations made, or purported to have been made, under section 112 and in force, or purportedly in force, immediately before the commencement of sections 19 and 20 of the Justice Legislation Amendment Act 2007 that would have been validly made if section 112A had been in operation at the time the relevant regulations were made or purported to have been made have, and are deemed to always have had, the same force and effect as they would have had if section 112A had been operation at that time.". 16 -- 18 of 22 -- Part 3—Amendments to the Corrections Act 1986 Justice Legislation Amendment Act 2007 No. 53 of 2007 s. 21 s. 21 21 New section 116 inserted After section 115B of the Corrections Act 1986 insert— "116 Transitional provision—victims register (1) The inclusion on the victims register, immediately before the commencement of section 15 of the Justice Legislation Amendment Act 2007, of the name of a person that is included by reason of the fact that he or she was the victim of a person convicted or found guilty of an offence under section 318(1) or 319(1) of the Crimes Act 1958, is not to be taken to be affected by that commencement. (2) The amendments made to this Act by section 15 of the Justice Legislation Amendment Act 2007 apply to any application for inclusion on the victims register received by the Secretary and not finally determined immediately before the commencement of that section.". __________________ 17 -- 19 of 22 -- Part 4—Amendments to Other Acts Justice Legislation Amendment Act 2007 No. 53 of 2007 s. 22 PART 4—AMENDMENTS TO OTHER ACTS 22 Amendment of the Legal Aid Act 1978 In section 29A(3)(b)(ii) of the Legal Aid Act 1978 for "3 years" substitute "5 years". 23 Amendment of the Magistrates' Court Act 1989 After item 42G of Schedule 4 to the Magistrates' Court Act 1989 insert— "42H Offence to possess, carry or use a prohibited weapon in or in the vicinity of licensed premises An offence under section 5(1A) of the Control of Weapons Act 1990.". __________________ 18 -- 20 of 22 -- Part 5—Repeal of Act Justice Legislation Amendment Act 2007 No. 53 of 2007 s. 24 PART 5—REPEAL OF ACT 24 Repeal of Act This Act is repealed on 1 July 2009. ═══════════════ 19 -- 21 of 22 -- Justice Legislation Amendment Act 2007 No. 53 of 2007 Endnotes ENDNOTES † Minister's second reading speech— Legislative Assembly: 22 August 2007 Legislative Council: 20 September 2007 The long title for the Bill for this Act was "A Bill for an Act to amend the Control of Weapons Act 1990, the Corrections Act 1986, the Legal Aid Act 1978 and the Magistrates' Court Act 1989 and for other purposes." 20 -- 22 of 22 --