Corrections and Major Crime (Investigative Powers) Acts (Amendment) Act 2004
Victorian Legislation and Parliamentary Documents
i
Corrections and Major Crime (Investigative
Powers) Acts (Amendment) Act 2004
Act No. 97/2004
TABLE OF PROVISIONS
Section Page
PART 1—PRELIMINARY 1
1. Purposes 1
2. Commencement 2
PART 2—AMENDMENT OF CORRECTIONS ACT 1986 3
3. When letters may be stopped and censored 3
4. New Division 5 of Part 6 inserted 3
Division 5—Change of Name Applications by Prisoners 3
47F. Application 3
47G. Definitions 3
47H. Applications for change of name by or on behalf of
a prisoner 4
47I. Approval by Secretary 4
47J. Approval to be notified in writing 5
47K. Registration of change of name 5
47L. Registrar may correct Register 6
5. New section 115A inserted 6
115A. Transitional provisions—change of name applications 6
PART 3—AMENDMENT OF MAJOR CRIME (INVESTIGATIVE
POWERS) ACT 2004 8
6. Complaints to Special Investigations Monitor 8
7. Delegation 8
8. Video recording of examination 10
9. Statute law revision 13
═══════════════
ENDNOTES 16
-- 1 of 17 --
Victorian Legislation and Parliamentary Documents
1
Corrections and Major Crime
(Investigative Powers) Acts
(Amendment) Act 2004†
[Assented to 14 December 2004]
The Parliament of Victoria enacts as follows:
PART 1—PRELIMINARY
1. Purposes
The purposes of this Act are—
(a) to amend the Corrections Act 1986
Victoria
No. 97 of 2004
-- 2 of 17 --
Victorian Legislation and Parliamentary Documents
Part 1—Preliminary
Corrections and Major Crime (Investigative Powers) Acts
(Amendment) Act 2004
Act No. 97/2004
2
(i) to require a prisoner to obtain the
approval of the Secretary to the
Department of Justice before making an
application for a change of the
prisoner's name or a change of the
name of a child of the prisoner; and
(ii) to generally improve the operation of
that Act; and
(b) to amend the Major Crime (Investigative
Powers) Act 2004.
2. Commencement
(1) This Part comes into operation on the day on
which this Act receives the Royal Assent.
(2) Part 2 comes into operation on the day after the
day on which this Act receives the Royal Assent.
(3) Part 3 is deemed to have come into operation on
the day on which the Major Crime (Investigative
Powers) Act 2004 received the Royal Assent.
__________________
s. 2
-- 3 of 17 --
Victorian Legislation and Parliamentary Documents
Part 2—Amendment of Corrections Act 1986
Corrections and Major Crime (Investigative Powers) Acts
(Amendment) Act 2004
Act No. 97/2004
3
PART 2—AMENDMENT OF CORRECTIONS ACT 1986
3. When letters may be stopped and censored
(1) For the heading to section 47D of the Corrections
Act 1986 substitute—
"When letters may be stopped and censored".
(2) In section 47D(1) of the Corrections Act 1986
for "sent to, or received from, a prisoner by"
substitute "to be sent by a prisoner to, or sent to a
prisoner by,".
(3) In section 47D(1)(d) of the Corrections Act 1986
for "substance." substitute "substance; or".
(4) After section 47D(1)(d) of the Corrections Act
1986 insert—
"(e) contravenes or would contravene
section 47H.".
4. New Division 5 of Part 6 inserted
After Division 4 of Part 6 of the Corrections Act
1986 insert—
'Division 5—Change of Name Applications by
Prisoners
47F. Application
This Division applies despite anything to the
contrary in the Births, Deaths and
Marriages Registration Act 1996.
47G. Definitions
In this Division—
"change of name application" means an
application by or on behalf of a
prisoner for registration of—
See:
Act No.
117/1986.
Reprint No. 5
as at
1 January
2004
and
amending
Act Nos
11/1993,
2/2002,
53/2003 and
14/2004.
LawToday:
www.dms.
dpc.vic.
gov.au
s. 3
-- 4 of 17 --
Victorian Legislation and Parliamentary Documents
Part 2—Amendment of Corrections Act 1986
Corrections and Major Crime (Investigative Powers) Acts
(Amendment) Act 2004
Act No. 97/2004
4
(a) a change of the prisoner's name;
or
(b) a change of the name of a child of
the prisoner;
"Victorian Registrar" means Registrar of
Births, Deaths and Marriages under the
Births, Deaths and Marriages
Registration Act 1996.
47H. Applications for change of name by or on
behalf of a prisoner
(1) A prisoner must not make a change of name
application to a Registrar without having
first obtained the written approval of the
Secretary.
Penalty: 5 penalty units.
(2) A person must not make a change of name
application to a Registrar on behalf of a
prisoner unless the written approval of the
Secretary is first obtained.
Penalty: 5 penalty units.
(3) In this section, "Registrar" means—
(a) the Victorian Registrar; or
(b) an authority responsible under a law of
another State or a Territory for the
registration of births, deaths and
marriages.
47I. Approval by Secretary
(1) Subject to sub-section (2), the Secretary may
only approve a change of name application if
he or she is satisfied that the change of name
is in all the circumstances necessary or
reasonable.
s. 4
-- 5 of 17 --
Victorian Legislation and Parliamentary Documents
Part 2—Amendment of Corrections Act 1986
Corrections and Major Crime (Investigative Powers) Acts
(Amendment) Act 2004
Act No. 97/2004
5
(2) The Secretary must not approve a change of
name application if he or she is satisfied that
the change of name would, if registered, be
reasonably likely—
(a) to be a threat to prison security; or
(b) to jeopardise the safe custody or
welfare of any prisoner; or
(c) to be used to further an unlawful
activity or purpose; or
(d) to be regarded as offensive by a victim
of crime or an appreciable sector of the
community.
47J. Approval to be notified in writing
If the Secretary approves a change of name
application, the Secretary must—
(a) as soon as practicable, give written
notice of the approval to the person
who made the application; and
(b) if the prisoner consents, give a copy of
the written notice of approval to the
Victorian Registrar.
47K. Registration of change of name
The Victorian Registrar must not register a
change of name under the Births, Deaths
and Marriages Registration Act 1996 if—
(a) the Victorian Registrar knows that—
(i) the application for the change of
name is made by or on behalf of a
prisoner; and
(ii) the change of name relates to the
name of the prisoner or a child of
the prisoner; and
s. 4
-- 6 of 17 --
Victorian Legislation and Parliamentary Documents
Part 2—Amendment of Corrections Act 1986
Corrections and Major Crime (Investigative Powers) Acts
(Amendment) Act 2004
Act No. 97/2004
6
(b) the Victorian Registrar has not received
a copy of the notice of approval of the
Secretary to the application under
section 47J.
47L. Registrar may correct Register
Without limiting section 43 of the Births,
Deaths and Marriages Registration Act
1996, the Victorian Registrar may correct the
Register under that section if—
(a) the name of a prisoner or a child of a
prisoner on the Register was changed
because of a change of name
application; and
(b) the Secretary had not approved that
change of name application under
section 47I.'.
5. New section 115A inserted
After section 115 of the Corrections Act 1986
insert—
'115A. Transitional provisions—change of name
applications
(1) This Act as amended by Part 2 of the
Corrections and Major Crime
(Investigative Powers) Acts (Amendment)
Act 2004 applies to any change of name
application received by the Registrar before
the commencement of that Part, if the change
of name had not been registered before that
commencement.
s. 5
-- 7 of 17 --
Victorian Legislation and Parliamentary Documents
Part 2—Amendment of Corrections Act 1986
Corrections and Major Crime (Investigative Powers) Acts
(Amendment) Act 2004
Act No. 97/2004
7
(2) In this section—
"change of name application" has the same
meaning as in section 47G;
"Registrar" means the Registrar of Births,
Deaths and Marriages under the Births,
Deaths and Marriages Registration
Act 1996.'.
__________________
s. 5
-- 8 of 17 --
Victorian Legislation and Parliamentary Documents
Part 3—Amendment of Major Crime (Investigative Powers) Act 2004
Corrections and Major Crime (Investigative Powers) Acts
(Amendment) Act 2004
Act No. 97/2004
8
PART 3—AMENDMENT OF MAJOR CRIME
(INVESTIGATIVE POWERS) ACT 2004
6. Complaints to Special Investigations Monitor
(1) In section 54(1) of the Major Crime
(Investigative Powers) Act 2004—
(a) for "who has been examined under this Act"
substitute "to whom a witness summons is
directed or who is the subject of an order
under section 18";
(b) omit ", within 3 days after the completion of
the examination,".
(2) After section 54(2) of the Major Crime
(Investigative Powers) Act 2004 insert—
"(3) A complaint must be made within 3 days
after the person was asked the question or
required to produce the document or other
thing.".
7. Delegation
(1) In section 65(4) of the Major Crime
(Investigative Powers) Act 2004, for
paragraph (a) substitute—
"(a) the power to make arrangements under
section 27; or".
(2) After section 65(4) of the Major Crime
(Investigative Powers) Act 2004 insert—
"(5) The Special Investigations Monitor may, by
instrument, delegate to an employee in the
office of the Special Investigations Monitor
any function, duty or power of the Special
Investigations Monitor under this Act other
than—
s. 6
-- 9 of 17 --
Victorian Legislation and Parliamentary Documents
Part 3—Amendment of Major Crime (Investigative Powers) Act 2004
Corrections and Major Crime (Investigative Powers) Acts
(Amendment) Act 2004
Act No. 97/2004
9
(a) a duty or power to make a report under
section 61 or 62; or
(b) this power of delegation.".
(3) In section 89 of the Major Crime (Investigative
Powers) Act 2004, in proposed new section
86ZM(4)(b) of the Police Regulation Act 1958,
for 'force.".' substitute "force.".
(4) In section 89 of the Major Crime (Investigative
Powers) Act 2004, after proposed new section
86ZM of the Police Regulation Act 1958
insert—
'86ZN. Delegation
The Special Investigations Monitor may, by
instrument, delegate to an employee in the
office of the Special Investigations Monitor
any function, duty or power of the Special
Investigations Monitor under this Act other
than—
(a) a duty or power to make a report under
section 86ZL or 86ZM; or
(b) this power of delegation.".'.
(5) In section 126 of the Major Crime (Investigative
Powers) Act 2004, in proposed new section
105M(4)(b) of the Whistleblowers Protection
Act 2001, for 'force.".' substitute "force.".
(6) In section 126 of the Major Crime (Investigative
Powers) Act 2004, after proposed new section
105M of the Whistleblowers Protection Act
2001 insert—
'105N. Delegation
The Special Investigations Monitor may, by
instrument, delegate to an employee in the
office of the Special Investigations Monitor
any function, duty or power of the Special
s. 7
-- 10 of 17 --
Victorian Legislation and Parliamentary Documents
Part 3—Amendment of Major Crime (Investigative Powers) Act 2004
Corrections and Major Crime (Investigative Powers) Acts
(Amendment) Act 2004
Act No. 97/2004
10
Investigations Monitor under this Act other
than—
(a) a duty or power to make a report under
section 105L or 105M; or
(b) this power of delegation.".'.
8. Video recording of examination
(1) In section 83 of the Major Crime (Investigative
Powers) Act 2004, for proposed new section
86PB(1) of the Police Regulation Act 1958
substitute—
"(1) This section applies if—
(a) a person attends the Director in the
course of an investigation under this
Part in answer to a summons issued
under section 17 of the Evidence Act
1958; or
(b) a person attending the Director
voluntarily in the course of an
investigation under this Part is
required—
(i) to be sworn or to make an
affirmation; or
(ii) to answer a question; or
(c) a person attends the Director in the
course of an investigation under this
Part and the Director issues a certificate
under section 86PA(4) in relation to the
provision of information, production of
a document or thing or the giving of
evidence by the person.".
s. 8
-- 11 of 17 --
Victorian Legislation and Parliamentary Documents
Part 3—Amendment of Major Crime (Investigative Powers) Act 2004
Corrections and Major Crime (Investigative Powers) Acts
(Amendment) Act 2004
Act No. 97/2004
11
(2) In section 83 of the Major Crime (Investigative
Powers) Act 2004, in proposed new section
86PB(3) of the Police Regulation Act 1958—
(a) after "attendance" (where first occurring)
insert "after the relevant time";
(b) for "in its entirety was video-recorded"
substitute "was video-recorded from the
relevant time".
(3) In section 83 of the Major Crime (Investigative
Powers) Act 2004, after proposed new section
86PB(4) of the Police Regulation Act 1958
insert—
'(5) In this section—
"relevant time" means—
(a) in the circumstances set out in
sub-section (1)(a)—the time the
person began giving evidence or
producing a document or thing in
compliance with the summons;
(b) in the circumstances set out in
sub-section (1)(b)—the time the
requirement was made;
(c) in the circumstances set out in
sub-section (1)(c)—the time the
certificate was issued.'.
(4) In section 113 of the Major Crime (Investigative
Powers) Act 2004, for proposed new section
61BA(1) of the Whistleblowers Protection Act
2001 substitute—
"(1) This section applies if—
(a) a person attends the Director in the
course of an investigation in answer to
a summons issued under section 17 of
the Evidence Act 1958; or
s. 8
-- 12 of 17 --
Victorian Legislation and Parliamentary Documents
Part 3—Amendment of Major Crime (Investigative Powers) Act 2004
Corrections and Major Crime (Investigative Powers) Acts
(Amendment) Act 2004
Act No. 97/2004
12
(b) a person attending the Director
voluntarily in the course of an
investigation is required—
(i) to be sworn or to make an
affirmation; or
(ii) to answer a question; or
(c) a person attends the Director in the
course of an investigation and the
Director issues a certificate under
section 61B(3) in relation to the
provision of information, production of
a document or thing or the giving of
evidence by the person.".
(5) In section 113 of the Major Crime (Investigative
Powers) Act 2004, in proposed new section
61BA(3) of the Whistleblowers Protection Act
2001—
(a) after "attendance" (where first occurring)
insert "after the relevant time";
(b) for "in its entirety was video-recorded"
substitute "was video-recorded from the
relevant time".
(6) In section 113 of the Major Crime (Investigative
Powers) Act 2004, after proposed new section
61BA(4) of the Whistleblowers Protection Act
2001 insert—
'(5) In this section—
"relevant time" means—
(a) in the circumstances set out in
sub-section (1)(a)—the time the
person began giving evidence or
producing a document or thing in
compliance with the summons;
s. 8
-- 13 of 17 --
Victorian Legislation and Parliamentary Documents
Part 3—Amendment of Major Crime (Investigative Powers) Act 2004
Corrections and Major Crime (Investigative Powers) Acts
(Amendment) Act 2004
Act No. 97/2004
13
(b) in the circumstances set out in
sub-section (1)(b)—the time the
requirement was made;
(c) in the circumstances set out in
sub-section (1)(c)—the time the
certificate was issued.'.
9. Statute law revision
(1) In section 31(c) of the Major Crime
(Investigative Powers) Act 2004, for "there are
the restrictions" substitute "there are restrictions".
(2) In section 47(1)(b) of the Major Crime
(Investigative Powers) Act 2004, for "make
copies of," substitute "make copies of it,".
(3) In section 50(1) of the Major Crime
(Investigative Powers) Act 2004, omit "or the
Evidence Act 1958".
(4) In section 61(2)(b) of the Major Crime
(Investigative Powers) Act 2004, for "made;"
substitute "made; and".
(5) In section 88 of the Major Crime (Investigative
Powers) Act 2004, in proposed new section 86Z
of the Police Regulation Act 1958, omit "(1)".
(6) In section 89 of the Major Crime (Investigative
Powers) Act 2004—
(a) in proposed new section 86ZG(5) of the
Police Regulation Act 1958, for "sub-
section (5)" substitute "sub-section (4)";
(b) in proposed new sections 86ZI, 86ZJ(1)(c)
and 86ZK(1) of the Police Regulation Act
1958, for "section 102D(1)(b)" substitute
"section 102E(1)(b)";
(c) in proposed new section 86ZL(2)(b)(i) of the
Police Regulation Act 1958, for "person"
substitute "persons"; and
s. 9
-- 14 of 17 --
Victorian Legislation and Parliamentary Documents
Part 3—Amendment of Major Crime (Investigative Powers) Act 2004
Corrections and Major Crime (Investigative Powers) Acts
(Amendment) Act 2004
Act No. 97/2004
14
(d) in proposed new section 86ZM(3)(a) of the
Police Regulation Act 1958, for "in him"
substitute "on the Director".
(7) For the heading to section 101 of the Major
Crime (Investigative Powers) Act 2004
substitute—
"New sections 66A to 66D inserted".
(8) In section 111 of the Major Crime (Investigative
Powers) Act 2004, in proposed new section
61AA(1) of the Whistleblowers Protection Act
2001, in the definition of "court day" for
"business." substitute "business;".
(9) In section 113 of the Major Crime (Investigative
Powers) Act 2004, in proposed new section
61BC(3) of the Whistleblowers Protection Act
2001, omit "Part".
(10) In section 114 of the Major Crime (Investigative
Powers) Act 2004, in proposed new section 61F
of the Whistleblowers Protection Act 2001,
omit "(1)".
(11) In section 119 of the Major Crime (Investigative
Powers) Act 2004, omit "(1)".
(12) In section 126 of the Major Crime (Investigative
Powers) Act 2004—
(a) in proposed new section 105G(5) of the
Whistleblowers Protection Act 2001,
for "sub-section (5)" substitute "sub-
section (4)";
(b) in proposed new sections 105I, 105J(1)(c)
and 105K(1) of the Whistleblowers
Protection Act 2001, for "section
102D(1)(b)" substitute "section
102E(1)(b)"; and
s. 9
-- 15 of 17 --
Victorian Legislation and Parliamentary Documents
Part 3—Amendment of Major Crime (Investigative Powers) Act 2004
Corrections and Major Crime (Investigative Powers) Acts
(Amendment) Act 2004
Act No. 97/2004
15
(c) in proposed new section 105L(2)(b)(i) of the
Whistleblowers Protection Act 2001, for
"person" substitute "persons".
═══════════════
s. 9
-- 16 of 17 --
Victorian Legislation and Parliamentary Documents
Corrections and Major Crime (Investigative Powers) Acts
(Amendment) Act 2004
Act No. 97/2004
16
ENDNOTES
† Minister's second reading speech—
Legislative Assembly: 11 November 2004
Legislative Council: 7 December 2004
The long title for the Bill for this Act was "to amend the Corrections Act
1986 to require a prisoner to obtain the approval of the Secretary to the
Department of Justice before making an application for a change of name,
to amend the Major Crime (Investigative Powers) Act 2004 and for
other purposes."
Endnotes
-- 17 of 17 --