Justice Legislation Amendment Bill 2009

Justice Legislation Amendment Bill 2009

table of provisions

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Part 1—Preliminary

1Purposes

2Commencement

Part 2—Search Warrants

Division 1—Amendment of the Crimes Act 1958

3Search for stolen goods

4Offences connected with explosive substances

5Issue of search warrant by magistrate

Division 2—Amendment of the Drugs, Poisons and Controlled Substances Act 1981

6Warrant to search premises etc.

7Schedule Ten amended

Division 3—Amendment of the Firearms Act 1996

8Definitions

9Warrants to search premises

10Announcement before entry

11Copy of warrant to be given to occupier

Division 4—Amendment of the Gambling Regulation Act2003

12New definitions inserted

13Repeal of definitions

14Search warrants

15Announcement before entry

16Copy of warrant to be given to occupier

17New section 10.5.14A inserted

10.5.14ASearch and seizure powers under section 2.6.2 not affected

Division 5—Amendment of the Magistrates' Court Act 1989

18Authority conferred by search warrant

Division 6—Amendment of the Police Integrity Act 2008

19New definitions inserted

20Powers with search warrant

21Procedure for executing warrant

Division 7—Amendment of the Police Regulation Act 1958

22New definitions inserted

23Entry, search and seizure

24Search warrant

25Announcement before entry

26Details of warrant to be given to occupier

Division 8—Amendment of the Prostitution Control Act1994

27Definition

28Search warrants

29Announcement before entry

30New section 61NA inserted

61NADetails of warrant to be given to person in charge of vehicle

31Embargo notice

32Requirement to assist inspector during entry

33Entry to unlicensed premises—search warrant

Division 9—Amendment of the Surveillance Devices Act1999

34Definitions

35Search warrant

36Announcement before entry

37New section 35A inserted

35ACopy of warrant to be given to person in charge of vehicle or person searched

Part 3—Amendment of Children, Youth and Families Act 2005

38Children, Youth and Families Act 2005—Repeal of Koori Court (Criminal Division) sunset provisions

Part 4—Other Amendments to the Gambling Regulation Act 2003

39Penalty on persons advertising as to betting

40New section 2.5.14A inserted

2.5.14ADefinition

41Exceptions

42Application for registration as bookmaker

43Determination of application for registration as bookmaker

44New section 4.5A.10A inserted

4.5A.10AResponsible Gambling Code of Conduct is a condition of registration for a bookmaker

45Conditions of registration

46Amendment of conditions

47Disciplinary action against registered bookmaker or bookmaker'skey employee

48New section 4.7.1AA inserted

4.7.1AADefinitions

49New sections 4.7.8, 4.7.9 and 4.7.10 inserted

4.7.8Appropriate advertising standards required

4.7.9Prescribed statement to be included in advertisements

4.7.10Offence to offer inducement to open betting account

50Definition

51Transitional

Part 23—Justice Legislation Amendment Act2009

23.1Definition

23.2Bookmaker's registration

52Statute law revision

Part 5—Amendment of the Terrorism (Community Protection) Act 2003

53Annual reports

Part 6—Repeal of Amending Act

54Repeal of this Act

═══════════════

Endnotes

1

561253B.I-31/3/2009BILL LA INTRODUCTION 31/3/2009

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Introduced in the Assembly

Justice Legislation Amendment Bill 2009

1

561253B.I-31/3/2009BILL LA INTRODUCTION 31/3/2009

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A Bill for an Act to amend the Crimes Act 1958, the Children, Youth and Families Act 2005, the Drugs, Poisons and Controlled Substances Act 1981, the Firearms Act 1996, the Gambling Regulation Act 2003, the Magistrates' Court Act 1989, the Police Integrity Act 2008, the Police Regulation Act 1958, the Prostitution Control Act 1994, the Surveillance Devices Act 1999 and the Terrorism (Community Protection) Act 2003 and for other purposes.

1

561253B.I-31/3/2009BILL LA INTRODUCTION 31/3/2009

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1

561253B.I-31/3/2009BILL LA INTRODUCTION 31/3/2009

Justice Legislation Amendment Bill 2009

1

561253B.I-31/3/2009BILL LA INTRODUCTION 31/3/2009

Justice Legislation Amendment Bill 2009

The Parliament of Victoriaenacts:

1

561253B.I-31/3/2009BILL LA INTRODUCTION 31/3/2009

Part 6—Repeal of Amending Act

Justice Legislation Amendment Bill 2009

Part 1—Preliminary

1Purposes

s. 1

The main purposes of this Act are—

(a)to amend various Acts to provide that search warrants issued under those Acts may be issuedin relation to particular vehicles located in public places; and

(b)to amend the Drugs, Poisons and Controlled Substances Act 1981 to provide that any member of the police force may execute a search warrant directed to a named member of the police force; and

(c)to amend the Gambling Regulation Act 2003—

(i)to provide for further restrictions and exemptions in relation to gambling advertising; and

(ii)to require registered bookmakers to have a Responsible Gambling Code of Conduct; and

(d)to repeal provisions of the Children, Youth and Families Act 2005 to enable the continued operation of the Koori Court (Criminal Division); and

(e)to amend the Terrorism (Community Protection) Act 2003 in relation to the annual reporting requirements under that Act.

2Commencement

(1)This Act (except Part 2) comes into operation on the day after the day on which this Act receives the Royal Assent.

(2)Subject to subsection (3), Part 2 comes into operation on a day or days to be proclaimed.

(3)If a provision of Part 2 does not come into operation before 1 October 2009, it comes into operation on that day.

s. 2

______

Part 2—Search Warrants

Division 1—Amendment of the Crimes Act 1958

3Search for stolen goods

s. 3

See:
Act No.
6231.
Reprint No. 20
as at
1 July 2008
and amending
Act Nos
16/2004, 9/2008, 12/2008, 24/2008, 34/2008, 46/2008, 52/2008, 58/2008, 68/2008, 78/2008, 1/2009, 4/2009 and 7/2009.
LawToday:
www.
legislation.
vic.gov.au

(1) For section 92(1) of the Crimes Act 1958substitute—

"(1)If a magistrate is satisfied by evidence on oath or by affidavit that there is reasonable cause to believe that any person has—

(a)in the custody or possession of the person; or

(b)on any premises (including any vehicle on or in those premises) of the person; or

(c)on or in a particular vehicle located in a public place—

any stolen goods, the magistrate may grant a warrant to search for and seize those goods.

(1A)A warrant issued under subsection (1) must be addressed to a constable unless the warrant is issued under the authority of an enactment that expressly provides otherwise.".

(2) For section 92(3) of the Crimes Act 1958, substitute—

"(3)If under this section a person is authorised to search premises or a particular vehicle located in a public place for stolen goods, he or she may enter and search the premises or the vehicle accordingly, and may seize any goods the person believes to be stolen goods.".

(3)After section 92(4) of the Crimes Act 1958, insert—

"(5)In this section—

public place has the same meaning as it has in section 3 of the Summary Offences Act 1966;

vehicle includes motor vehicle, aircraft and vessel.".

4Offences connected with explosive substances

s. 4

(1) In section 317(1) of the Crimes Act 1958—

(a)in paragraph (c) of the definition of explosive substance, for "implement." substitute "implement;";

(b)insert the following definitions—

"public place has the same meaning as it has in section 3 of the Summary Offences Act 1966;

vehicle includes motor vehicle, aircraft and vessel.".

(2) In section 317(9)(a) of the Crimes Act 1958—

(a)for "or place mentioned in the warrant,"substitute "or place (including any vehicle on or in the premises or place) mentioned in the warrant,or a particular vehicle mentioned in the warrant located in a public place,";

(b)for "or place" (where secondly occurring) substitute ", place or vehicle";

(c)after "place," insert "or on or in the vehicle,".

(3)In section 317(9)(b) of the Crimes Act 1958, after "premises" insert "or on or in the vehicle in the public place".

5Issue of search warrant by magistrate

s. 5

(1)In section 465(1) of the Crimes Act 1958—

(a)for "any building, receptacle or place"substitute "any building (including any vehicle in that building), receptacle or place (including any vehicle on or in that place) or on or in a particular vehicle located in a public place";

(b)for "or place" (where secondly occurring) substitute", place orvehicle".

(2)After section 465(4) of the Crimes Act 1958insert—

"(5) In this section—

public place has the same meaning as it has in section 3 of the Summary Offences Act 1966;

vehicle includes motor vehicle, aircraft and vessel.".

Division 2—Amendment of the Drugs, Poisons and Controlled Substances Act 1981

6Warrant to search premises etc.

See:
Act No.
9719.
Reprint No. 8
as at
1 August 2007
and amending
Act Nos
16/2004, 17/2008, 34/2008 and 46/2008.
LawToday:
www.
legislation.
vic.gov.au

(1)In section 81(1) of the Drugs, Poisons and Controlled Substances Act 1981—

(a)after "land or premises" (where first occurring) insert "(including any vehicle on or in that land or those premises), or on or in a particular vehicle located in a public place";

(b)for "land or premises" (where secondly occurring) substitute "land, premises or vehicle".

(2) After section 81(1) of the Drugs, Poisons and Controlled Substances Act 1981 insert—

"(1AA)A search warrant directed to a named member of the police force under subsection (1) may be executed by any member of the police force.".

(3)In section 81(1A) of the Drugs, Poisons and Controlled Substances Act 1981, for "the applicant" substitute "the member of the police force executing the warrant".

(4)In section 81(3) of the Drugs, Poisons and Controlled Substances Act 1981—

(a)for "A member of the police force to whom a warrant under subsection (1) is addressed" substitute "A member of the police force executing a warrant issued under subsection (1)";

s. 6

(b)for paragraph (a) substitute—

"(a)enter, if need be by force—

(i)the land or premises named in the warrant, including any vehicle located on or in that land or those premises;

(ii)the particular vehiclenamed or described in the warrant located in a public place;";

(c)in paragraph (b), for "land or those premises" substitute "land, those premises or that vehicle".

(d)for paragraph (c) substitute—

"(c)search—

(i)the land or premises or any vehicle or any person found on or in thatland or thosepremises or on or in any vehicle on or in that land or those premises;

(ii)a particular vehicle located in a public place or any person found on or in that vehicle; and".

(5) For section 81(4) of the Drugs, Poisons and Controlled Substances Act 1981substitute—

"(4) A member of the police force whoexecutes a warrant under this section must, as soon as practicable after the warrant is executed—

(a)endorse the warrant to that effect; and

(b)cause to be lodged with the registrar of the Magistrates' Court at the venue nearest to the land, premises or public place where the warrant was executed a report signed by the member and containing particulars of—

s. 6

(i)all searches undertaken; and

(ii)all persons arrested; and

(iii)all things and documents seized and carried away; and

(iv)all samples taken; and

(v)all things destroyed or disposed of—

in execution of the warrant.".

(6)After section 81(5)(b) of the Drugs, Poisons and Controlled Substances Act 1981 insert—

"(ba)the owner of the vehicle located in a public placeon which the warrant was executed; or".

(7) After section 81(6) of the Drugs, Poisons and Controlled Substances Act 1981 insert—

"(7)Nothing in this section affects the power of a member of thepolice force under section 82.

(8)In this section—

public place has the same meaning as it has in section 3 of the Summary Offences Act 1966;

vehicle includes motor vehicle, aircraft, boat and vessel.".

(8)In section 81A(1) of the Drugs, Poisons and Controlled Substances Act 1981 for "the person to whom that warrant was issued" substitute "the member of the police force who executed the warrant".

(9)In section 81B(1) of the Drugs, Poisons and Controlled Substances Act 1981 for "to whom the warrant was addressed" substitute "who executed the warrant".

7Schedule Tenamended

s. 7

(1)In Schedule Ten to the Drugs, Poisons and Controlled Substances Act 1981 for the following words and expressions—

"that there *is in a certain
*are
*will be within the next 72 hours

land or

premises situate at*certain things
*or documents"

substitute—

"that there*is on or in a certain
*are
*will be within the next 72 hours

*land or

*premises situate at or

*vehicle identified by

located in a public place*certain things
*certain documents".

(2)In Schedule Ten to the Drugs, Poisons and Controlled Substances Act 1981, for the words and expressions beginning "*(1)to authorize you to enter and search" and ending "section 81 of the Drugs, Poisons and Controlled Substances Act 1981." substitute—

s. 7

"*(1) to authorize you or any other member of the police force to enter and search the said *land or *premises or *specified vehicle located in a public place for the *things or *documents specified in this warrant and, if any of those *things or *documents be found, to seize and carry them before the Magistrates' Court so that the matter may be dealt with according to law or to destroy or dispose of them in accordance with section 81 of the Drugs, Poisons and Controlled Substances Act 1981.".

(3)In Schedule Ten to the Drugs, Poisons and Controlled Substances Act 1981, for the words and expressions beginning "*(2) in relation to a specified thing or a specified document" and ending "the Drugs, Poisons and Controlled Substances Act 1981." substitute—

"*(2)in relation to a specified thing or a specified document to which this warrant relates which is also tainted property within the meaning of the Confiscation Act 1997, to direct you or any other member of the police force to holdor retain that thing or document as if it were tainted property seized under a warrant under section 79 of that Act as and from the date when that thing or document is no longer required for evidentiary purposes under the Drugs, Poisons and Controlled Substances Act 1981.".

(4)In the Note in Schedule Ten to the Drugs, Poisons and Controlled Substances Act 1981—

(a)after "is addressed" insert "or any other member of the police force";

(b)for paragraph (a) substitute—

"(a) enter, if need be by force, the land or premises or specified vehicle located in a public place named in the warrant; and";

s. 7

(c)in paragraph (b), after "those premises" insert "or on or in that vehicle";

(d)for paragraph (c) substitute—

"(c) search—

(i)the land or premises or any vehicle or any person found on or in that land or those premises or any person found on or in any vehicle on or in that land or those premises;

(ii)the specified vehicle located in a public place or any person found on or in that vehicle; and".

Division 3—Amendment of the Firearms Act 1996

8Definitions

s. 8

See:
Act No.
66/1996.
Reprint No. 5
as at
1 September 2008
and amending
Act Nos
12/2008, 34/2008, 52/2008 and 68/2008.
LawToday:
www.
legislation.
vic.gov.au

In section 3(1) of the Firearms Act 1996—

(a)in paragraph (d) of the definition of term of imprisonment, for "centre." substitute "centre;";

(b)insert the following definitions—

"public placehas the same meaning as it has in section 3 of the Summary Offences Act 1966;

vehicleincludes motor vehicle, aircraft and vessel.".

9Warrants to search premises

(1) In section 146(1) of the Firearms Act 1996, after "premises" insert "(including any vehicle on or in those premises) or a particular vehicle located in a public place".

(2)In section 146(2)(a) of the Firearms Act 1996,after "warrant" insert "or the vehicle named or described in the warrant that is located in a public place".

(3)In section 146(3)(b) of the Firearms Act 1996 after "the premises" insert "or vehicle located in a public place".

(4)After section 146(5) of the Firearms Act 1996insert—

"(6) Nothing in this sectionor section 147 or 148 limits the power of a member of the police force under section 149.".

10Announcement before entry

s. 10

(1)For section 147(1) of the Firearms Act 1996 substitute—

"(1)Before executing a search warrant, the member named in the warrant or person assisting must—

(a)announce that he or she is authorised by warrant to enter the premises or the vehicle located in a public place, as the case requires; and

(b)give any person at the premises or on or in the vehicle an opportunity to allow entry to the premises or the vehicle.".

(2)In section 147(2) of the Firearms Act 1996, after "premises" insert "or the vehicle".

11Copy of warrant to be given to occupier

(1)Insert the following heading to section 148 of the Firearms Act 1996—

"Copy of warrant to be given to occupier or person in charge of vehicle".

(2) At the end of section 148 of the Firearms Act 1996insert—

"(2) If there is a person in charge of the vehicle located in a public place when a search warrant is being executed, the member must—

(a)identify himself or herself to the person as a member of the police force; and

(b)give the person a copy of the execution copy of the warrant.".

Division 4—Amendment of the Gambling Regulation Act2003

12New definitions inserted

s. 12

See:
Act No.
114/2003.
Reprint No. 2
as at
1 October 2007
and amending
Act Nos
16/2004, 39/2007, 72/2007, 4/2008, 12/2008, 40/2008, 71/2008, 73/2008 and 2/2009.
LawToday:
www.
legislation.
vic.gov.au

Insert the following definitions in section 1.3(1) of the Gambling Regulation Act 2003—

"aircraft means a machine or structure used or intended to be used for navigation of the air;

public placeincludes—

(a)a public highway;

(b)a park, garden, reserve or other place of public recreation or resort;

(c)a railway station, platform or carriage;

(d)a wharf, pier or jetty;

(e)a passenger ship or hire vessel;

(f)a hire vehicle;

(g)a church or chapel open to the public or any other building where divine service is publicly held;

(h)a State school, including the school's land or premises;

(i)a public hall, theatre or room where members of the public are, or are assembling for or departing from, a public entertainment or meeting;

(j)a market;

(k)an auction room, mart or place while a sale or auction is proceeding;

(l)licensed premises or authorised premises within the meaning of the Liquor Control Reform Act 1998;

(m)a racecourse, cricket ground, football ground or other sporting ground where members of the public are present or are permitted to have access to, whether with or without an admission fee;

(n)any open place to which the public have access;

vehicle includes motor vehicle, aircraft, vessel, caravan and trailer;

vessel includes a ship, boat or vehicle that is capable of use in or on water, whether floating or submersible and whether or not self propelled;".

13Repeal of definitions

s. 13

In section 2.1.2(1) of the Gambling Regulation Act 2003, the definitions of public place, vehicle and vesselare repealed.

14Search warrants

(1) In section 10.5.12(1) of the Gambling Regulation Act 2003—

(a)after "premises" (where first occurring) insert "(including any vehicle on or in the premises) or a particular vehicle located in a public place,";

(b)after "premises" (where secondly occurring) insert "or on or in the vehicle".

(2)In section 10.5.12(2)(a) of the Gambling Regulation Act 2003, after "premises" (wherever occurring) insert "or the vehicle".

(3)In section 10.5.12(3)(b) of the Gambling Regulation Act 2003, after "premises" insert
"or vehicle".

15Announcement before entry

s. 15

(1)In section 10.5.13(1)(a) of the Gambling Regulation Act 2003, after "premises" insert
"or vehicle located in a public place, as the case requires".

(2)For section 10.5.13(1)(b) of the Gambling Regulation Act 2003substitute—

"(b)give any person at the premises, on the vehicle or in the vehicle an opportunity to allow entry to the premises or vehicle.".

(3)In section 10.5.13(2) of the Gambling Regulation Act 2003, after "premises" insert
"or vehicle".

16Copy of warrant to be given to occupier

(1)In the heading to section 10.5.14 of the Gambling Regulation Act 2003, after "occupier" insert
"or person in charge of vehicle".

(2)In section 10.5.14 of the Gambling Regulation Act 2003,for "If" substitute "In the case of a warrant issued in respect of premises, if".

(3)At the end of section 10.5.14 of the Gambling Regulation Act 2003 insert—

"(2) In the case of a warrant issued in respect of a vehicle in a public place, if there is a person in charge of the vehicle when a search warrant is being executed, the inspector must—

(a)identify himself or herself to that person by producing his or her identity card for inspection by that person; and

(b)give to that person a copy of the execution copy of the warrant.".

17New section 10.5.14A inserted

s. 17

After section 10.5.14 of the Gambling Regulation Act 2003insert—