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Vagrancy (Repeal) and Summary Offences (Amendment) Act 2005

Legislation · Victoria · 2020
i Vagrancy (Repeal) and Summary Offences (Amendment) Act 2005 Act No. 56/2005 TABLE OF PROVISIONS Section Page 1. Purpose 1 2. Commencement 1 3. Repeal of Vagrancy Act 1966 2 4. New section 19 inserted in Summary Offences Act 1966 2 19. Obscene exposure 2 5. New Division 8 of Part I inserted in Summary Offences Act 1966 2 Division 8—Other Offences 2 49A. Begging or gathering alms 2 49B. Loitering with intent to commit an indictable offence 3 49C. Being disguised with unlawful intent 4 49D. Possessing housebreaking implements 4 49E. Escaping from lawful custody 4 49F. Consorting 5 6. New section 31B inserted in Crimes Act 1958 6 31B. Being armed with criminal intent 6 7. Consequential amendment of Crimes Act 1958 6 ═══════════════ ENDNOTES 7 -- 1 of 8 -- 1 Vagrancy (Repeal) and Summary Offences (Amendment) Act 2005 † [Assented to 13 September 2005] The Parliament of Victoria enacts as follows: 1. Purpose The purpose of this Act is to repeal the Vagrancy Act 1966 and re-enact certain provisions of it in the Summary Offences Act 1966 and the Crimes Act 1958. 2. Commencement This Act comes into operation on the day after the day on which it receives the Royal Assent. Victoria No. 56 of 2005 -- 2 of 8 -- Act No. 56/2005 Vagrancy (Repeal) and Summary Offences (Amendment) Act 2005 2 3. Repeal of Vagrancy Act 1966 The Vagrancy Act 1966 is repealed. 4. New section 19 inserted in Summary Offences Act 1966 After section 18 of the Summary Offences Act 1966 insert— "19. Obscene exposure A person must not wilfully and obscenely expose the genital area of his or her body in, or within the view of, a public place. Penalty: 2 years imprisonment.". 5. New Division 8 of Part I inserted in Summary Offences Act 1966 After Division 7 of Part I of the Summary Offences Act 1966 insert— 'Division 8—Other Offences 49A. Begging or gathering alms (1) A person must not beg or gather alms. Penalty: 12 months imprisonment. See: Act No. 7393. Reprint No. 4 as at 14 March 1996 and amending Act Nos 47/2000, 74/2000 and 16/2004. LawToday: www.dms. dpc.vic. gov.au s. 3 See: Act No. 7405. Reprint No. 8 as at 1 January 2003 and amending Act Nos 10/2003, 33/2003, 80/2003, 10/2004, 16/2004 and 51/2004. LawToday: www.dms. dpc.vic. gov.au -- 3 of 8 -- Act No. 56/2005 Vagrancy (Repeal) and Summary Offences (Amendment) Act 2005 3 (2) A person must not cause, procure or encourage a child to beg or gather alms. Penalty: 12 months imprisonment. 49B. Loitering with intent to commit an indictable offence (1) A person who— (a) is a known or reputed thief or is known or reputed to have committed drug- related offences; and (b) is loitering in a public place; and (c) is so loitering with intent to commit an indictable offence; and (d) while so loitering engages in conduct in the furtherance of the commission of that indictable offence— is guilty of an offence and liable to a term of imprisonment not exceeding 2 years. (2) In a proceeding for an offence against sub- section (1), the informant may give or produce evidence— (a) to prove that the defendant is a known or reputed thief or is known or reputed to have committed drug-related offences; or (b) to rebut any evidence (including evidence as to general character) given by or on behalf of the defendant. s. 5 -- 4 of 8 -- Act No. 56/2005 Vagrancy (Repeal) and Summary Offences (Amendment) Act 2005 4 49C. Being disguised with unlawful intent A person must not with unlawful intent— (a) be disguised or have a blackened face; or (b) have an article of disguise in his or her custody or possession. Penalty: 2 years imprisonment. 49D. Possessing housebreaking implements (1) A person must not, without lawful excuse, have an implement of housebreaking in his or her custody or possession. Penalty: 2 years imprisonment. (2) The defendant bears the burden of proving lawful excuse for having custody or possession of any implement to which a charge of an offence against sub-section (1) relates. 49E. Escaping from lawful custody A person must not escape or attempt to escape from— (a) any place in which he or she is being lawfully detained; or (b) any person in whose legal custody he or she is or by whom he or she is being lawfully detained. Penalty: 2 years imprisonment. s. 5 -- 5 of 8 -- Act No. 56/2005 Vagrancy (Repeal) and Summary Offences (Amendment) Act 2005 5 49F. Consorting (1) A person must not, without reasonable excuse, habitually consort with a person who has been found guilty of, or who is reasonably suspected of having committed, an organised crime offence. Penalty: 2 years imprisonment. (2) The defendant bears the burden of proving reasonable excuse for habitual consorting to which a charge of an offence against sub-section (1) relates. (3) In this section— "organised crime offence" means an indictable offence against the law of Victoria, irrespective of when the offence was or is suspected to have been committed, that is punishable by level 5 imprisonment (10 years maximum) or more and that— (a) involves 2 or more offenders; and (b) involves substantial planning and organisation; and (c) forms part of systemic and continuing criminal activity; and (d) has a purpose of obtaining profit, gain, power or influence.'. s. 5 -- 6 of 8 -- Act No. 56/2005 Vagrancy (Repeal) and Summary Offences (Amendment) Act 2005 6 6. New section 31B inserted in Crimes Act 1958 After section 31A of the Crimes Act 1958 insert— '31B. Being armed with criminal intent (1) In this section— "controlled weapon" has the same meaning as in the Control of Weapons Act 1990; "firearm" has the same meaning as in the Firearms Act 1996; "imitation firearm" has the same meaning as in section 29; "prohibited weapon" has the same meaning as in the Control of Weapons Act 1990. (2) A person who, with criminal intent, is armed with a firearm, an imitation firearm, a prohibited weapon or a controlled weapon is guilty of an indictable offence. Penalty: Level 6 imprisonment (5 years maximum).'. 7. Consequential amendment of Crimes Act 1958 In section 60B(2) of the Crimes Act 1958— (a) for paragraph (a)(iii) substitute— "(iii) an offence against section 19 of the Summary Offences Act 1966; or"; (b) in paragraph (b)(ii) for "Vagrancy Act 1966" substitute "Summary Offences Act 1966". ═══════════════ See: Act No. 6231. Reprint No. 18 as at 1 July 2005 and amending Act Nos 16/2004 and 18/2005. LawToday: www.dms. dpc.vic. gov.au s. 6 -- 7 of 8 -- Act No. 56/2005 Vagrancy (Repeal) and Summary Offences (Amendment) Act 2005 7 ENDNOTES † Minister's second reading speech— Legislative Assembly: 21 July 2005 Legislative Council: 6 September 2005 The long title for the Bill for this Act was "to repeal the Vagrancy Act 1966 and re-enact certain provisions of it in the Summary Offences Act 1966 and the Crimes Act 1958 and for other purposes." Endnotes -- 8 of 8 --