Justice Legislation Amendment (Infringement Offences) Act 2011

Justice Legislation Amendment (Infringement Offences) Act 2011

No. 27 of 2011

table of provisions

SectionPage

1Purpose

2Commencement

3Infringements and Other Acts Amendment Act 2008

4Liquor Control Reform Amendment (Party Buses) Act2009

5Extension of trial period for the offence of shop theft

6Extension of trial period for the offence of wilful damage

7New section 63 inserted—Summary Offences Act1966

63Savings and validation provision—Summary
Offences and Control of Weapons Acts Amendment Act 2009—lodgeable infringement offences

8New section 47 inserted—Tobacco Act 1987

47Savings and validation provision—Tobacco Amendment (Protection of Children) Act 2009—lodgeable infringement offences

9Children, Youth and Families Act 2005

10Repeal of amending Act

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Endnotes

SectionPage

Victoria

SectionPage

Justice Legislation Amendment (Infringement Offences) Act 2011[†]

No. 27 of 2011

[Assented to 21 June 2011]

Justice Legislation Amendment (Infringement Offences) Act 2011
No. 27 of 2011

571024B.I-3/5/2011BILL LA INTRODUCTION 3/5/2011

Justice Legislation Amendment (Infringement Offences) Act 2011
No. 27 of 2011

The Parliament of Victoriaenacts:

571024B.I-3/5/2011BILL LA INTRODUCTION 3/5/2011

Justice Legislation Amendment (Infringement Offences) Act 2011
No. 27 of 2011

1Purpose

The main purpose of this Act is to—

(a)amend the Infringements and Other Acts Amendment Act 2008 and the Liquor Control Reform Amendment (Party Buses) Act 2009 to provide for the ongoing ability to enforce certain offences by infringement notice; and

(b)amend the Crimes Act 1958 and the Summary Offences Act 1966 to extendthe trial period of enforcement of certain offences by infringement notice for a further 12 monthsand to provide for a savings provision in the Summary Offences Act 1966; and

(c)amend the Tobacco Act 1987 to provide for a savings provision; and

(d) make a minor and technical amendment to the Children, Youth and Families Act 2005.

2Commencement

s. 2

(1)This Act, other than this section, sections 5, 6, 7 and 8, comes into operation on 30 June 2011.

(2)This section comes into operation on the day that this Act receives the Royal Assent.

(3)Section 7 is taken to have come into operation on 16 December 2009.

(4)Section 8 is taken to have come into operation on 1 January 2010.

(5) Sections 5 and 6 come into operation on 1 July 2012.

See:
Act No.
9/2008.
Statute Book:
www.
legislation.
vic.gov.au

3Infringements and Other Acts Amendment Act 2008

(1)Section 2(2) and (4) of the Infringements and Other Acts Amendment Act 2008 are repealed.

(2) Section 11 of theInfringements and Other Acts Amendment Act 2008 is repealed.

See:
Act No.
88/2009.
Statute Book:
www.
legislation.
vic.gov.au

4Liquor Control Reform Amendment (Party Buses) Act2009

(1)Section 2(2) of the Liquor Control Reform Amendment (Party Buses) Act 2009 is repealed.

(2)Section 9 of the Liquor Control Reform Amendment (Party Buses) Act 2009 is repealed.

5Extension of trial period for the offence of shop theft

s. 5

See:
Act No.
6231.
Reprint No. 22
as at
17 March 2010
and amending
Act Nos
16/2004, 9/2008, 87/2009, 13/2010, 49/2010, 53/2010, 63/2010, 64/2010 and 65/2010.
LawToday:
www.
legislation.
vic.gov.au

Section 74A of the Crimes Act 1958 is repealed.

6Extension of trial period for the offence of wilful damage

See:
Act No.
7405.
Reprint No. 10
as at
1 January 2009
and amending
Act Nos
9/2008, 46/2008, 1/2009, 7/2009, 68/2009, 92/2009, 13/2010, 18/2010, 29/2010 and 63/2010.
LawToday:
www.
legislation.
vic.gov.au

(1)Section 60AA(1A)(a) of the Summary Offences Act 1966 is repealed.

(2)In section 60AB(2)(a) of the Summary Offences Act 1966, omit "9(1)(c) or".

7New section 63 inserted—Summary Offences Act1966

s. 7

After section 62 of the Summary Offences Act 1966 insert—

"63 Savings and validation provision—Summary Offences and Control of Weapons Acts Amendment Act 2009—lodgeable infringement offences

(1)Despite anything to the contrary in the Infringements Act 2006, on and from 16December 2009, an offence against section6, 13, 14 or17A which is an infringement offence within the meaning of that Act—

(a)is taken to be, and to always have been, a lodgeable infringement offence within the meaning of that Act as if it had been prescribed as a lodgeable infringement offence by regulations made under that Act; and

(b)may be dealt with as a lodgeable infringement offence under that Act.

(2)Any lodgement under Part 4 of the Infringements Act 2006and any enforcement action taken under that Act in respect of an infringement offence referred to in subsection (1) is taken to be, and to always have been, a valid and lawful lodgement or enforcement action under that Act, as the case requires, to the extent that the lodgement or enforcement action was taken on the basis that the infringement offence was a lodgeable infringement offence.".

8New section 47 inserted—Tobacco Act 1987

s. 8

After section 46 of the Tobacco Act 1987insert—

"47 Savings and validation provision—Tobacco Amendment (Protection of Children) Act 2009—lodgeable infringement offences

(1)Despite anything to the contrary in the Infringements Act 2006, on and from 1January 2010, an offence against section5S which is an infringement offence within the meaning of that Act—

(b)may be dealt with as a lodgeable infringement offence under that Act.

See:
Act No.
96/2005.
Reprint No. 3
as at
1 January 2011
and
amending
Act Nos
51/2006 and 53/2010.
LawToday:
www.
legislation.
vic.gov.au

9Children, Youth and Families Act 2005

s. 9

In clause 17(1)(d) of Schedule 3 to the Children, Youth and Families Act 2005, for "registrar" substitute "Court".

10Repeal of amending Act

This Act is repealed on 1 July 2013.

Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (See section 15(1) of the Interpretation of Legislation Act 1984).

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Justice Legislation Amendment (Infringement Offences) Act 2011
No. 27 of 2011

Endnotes

[†] Minister's second reading speech—

Legislative Assembly: 5 May 2011

Legislative Council: 2 June 2011

The long title for the Bill for this Act was "A Bill for an Act to amend the Crimes Act 1958, the Infringements and Other Acts Amendment Act 2008, the Liquor Control Reform Amendment (Party Buses) Act 2009 and the Summary Offences Act 1966 in relation to certain offences enforceable by infringement notice, to amend the Tobacco Act 1987 and to make minor and technical amendments to the Children, Youth and Families Act 2005 and for other purposes."