Vagrancy (Repeal) and Summary Offences (Amendment) Act 2005
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
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ENDNOTES 7
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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
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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The Vagrancy Act 1966 is repealed.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
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(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
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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
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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
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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
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2005
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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
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