Justice Legislation Amendment (Protective Services Officers) Act 2011

Justice Legislation Amendment (Protective Services Officers) Act 2011

No. 43 of 2011

table of provisions

SectionPage

Part 1—Preliminary

1Purpose

2Commencement

Part 2—Amendment of Police Regulation Act 1958

3Appointment of protective services officers

4Powers and privileges of officers

5Regulations

Part 3—Amendment of Bail Act 1977

6Arrest of person released on bail

Part 4—Amendment of Control of Weapons
Act 1990

7Definitions

8Power to require production of approval

9Forfeiture of controlled weapons if infringement notice served

10New section 10AA inserted

10AASearch by protective services officer

11Duty to make records concerning searches

12Chief Commissioner to report on searches without warrant

13Power to serve infringement notice

Part 5—Amendment of Crimes Act 1958

14Definitions

15Threatening injury to prevent arrest

16Assaults

17Powers of member of police force to apprehend offenders

Part 6—Amendment of Drugs, Poisons and Controlled Substances Act 1981

18Definitions

19Police to take into account the best interests of person under 18 years of age

20New section 60BA inserted

60BAProtective services officer may exercise police powers under this Division

Part 7—Amendment of Environment Protection Act 1970

21Definitions

Part 8—Amendment of Graffiti Prevention
Act 2007

22Definitions

23Possessing a prescribed graffiti implement

24Infringement notices, penalties and offences

25Search without warrant

26Search of persons under 18 years of age

27Conduct of searches

28Duty to make records concerning searches without warrant

Part 9—Amendment of Liquor Control Reform
Act 1998

29Definitions

30Power to demand suspected minor to give his or her age

31Seizure of evidence of age document

32Seizure of liquor from minors

33Power to serve an infringement notice

Part 10—Amendment of Magistrates' Court Act 1989

34Definitions

35Person to whom warrant to arrest may be directed

36Arrest of person against whom warrant to arrest is issued

Part 11—Amendment of Mental Health Act 1986

37Definitions

38Apprehension of mentally ill persons in certain circumstances

Part 12—Amendment of Road Safety Act 1986

39Definitions

40General duty of driver or person in charge of motor vehicle

41Power to prevent driving by incapable persons

42Power to enter motor vehicles

43Driving a motor vehicle when directed to stop by police

44Power to prosecute

45Service of parking infringement notices

46Entry by police to council controlled areas

Part 13—Amendment of Summary Offences
Act 1966

47Definitions

48Direction by police to move on

49Persons found drunk or drunk and disorderly

50New section 15 inserted

15Arrest of person found drunk or drunk and disorderly

51Assaulting or resisting constables etc.

52Making false reports to police etc.

53Who may file charge-sheet

54Power to serve infringement notice

Part 14—Amendment of Transport (Compliance
and Miscellaneous) Act 1983

55Definitions

56Transport and ticket infringements

57Power to require names and addresses

58Power to arrest suspected offenders

59Power to remove offenders

60False reports to officers

61Definitions

62Prosecutions

Part 15—Repeal of Amending Act

63Repeal of amending Act

═══════════════

Endnotes

SectionPage

Victoria

SectionPage

Justice Legislation Amendment (Protective Services Officers) Act 2011[†]

No. 43 of 2011

[Assented to 6 September 2011]

Justice Legislation Amendment (Protective Services Officers) Act 2011
No. 43 of 2011

571071B.I-28/6/2011BILL LA INTRODUCTION 28/6/2011

Justice Legislation Amendment (Protective Services Officers) Act 2011
No. 43 of 2011

The Parliament of Victoriaenacts:

571071B.I-28/6/2011BILL LA INTRODUCTION 28/6/2011

Part 15—Repeal of Amending Act

Justice Legislation Amendment (Protective Services Officers) Act 2011
No. 43 of 2011

Part 1—Preliminary

1Purpose

The purpose of this Act is—

(a)to amend the Police Regulation Act 1958 to—

(i) provide protective services officers who are on duty at certain public places (designated places) with additional powers in order for those officers to be effective in combating crime and anti-social behaviour occurring at those public places; and

s. 1

(ii) extend the provisions in Division 2 of Part VA (Offences) to protective services officers; and

(b)to amend the following Acts to extend certain powers currently exercisable by members of the police force under those Acts to protective services officers who are on duty at designated places—

(i) the Bail Act 1977;

(ii) the Control of Weapons Act 1990;

(iii)the Crimes Act 1958;

(iv)the Drugs, Poisons and Controlled Substances Act 1981;

(v)the Environment Protection Act 1970;

(vi)the Graffiti Prevention Act 2007;

(vii)the Liquor Control Reform Act 1998;

(viii)the Magistrates' Court Act 1989;

(ix)the Mental Health Act 1986;

(x)the Road Safety Act 1986;

(xi)the Summary Offences Act 1966;

(xii)the Transport (Compliance and Miscellaneous) Act 1983.

2Commencement

s. 2

(1)This Act comes into operation on a day or days to be proclaimed.

(2)If a provision of this Act does not come into operation before 1 July 2012, it comes into operation on that day.

______

Part 2—Amendment of Police Regulation Act 1958

3Appointment of protective services officers

See:
Act No.
6338.
Reprint No. 13
as at
27 May 2010
and amending
Act Nos
1/2010, 13/2010, 40/2010, 53/2010, 63/2010, 2/2011 and 29/2011.
LawToday:
www.
legislation.
vic.gov.au

s. 3

In section 118B(2) of the Police Regulation Act 1958 for "V and section 123" substitute "V, Division 2 of Part VA and section 123".

4Powers and privileges of officers

At the end of section 118D of the Police Regulation Act 1958 insert—

"(2)In addition, an officer on duty at a designated place may exercise all the powers and has all the responsibilities given to or imposed on such an officer under this Act or any other Act.

(3)In this section—

designated place means a place prescribed by the regulations.".

5Regulations

s. 5

After section 130(1)(h) of the Police Regulation Act 1958 insert—

"(i)prescribing a place to be a designated place for the purposes of section 118D;".

______

Part 3—Amendment of Bail Act 1977

6Arrest of person released on bail

See:
Act No.
9008.
Reprint No. 9
as at
23 April 2007
and amending
Act Nos
97/2005, 52/2008, 68/2008, 68/2009, 69/2009, 13/2010, 53/2010 and 70/2010.
LawToday:
www.
legislation.
vic.gov.au

s. 6

(1)In section 24(1) of the Bail Act 1977 after "Any member of the police force" insert ", or any protective services officer on duty at a designated place,".

(2)In section 24(1)(a), (b) and (c) of the Bail Act 1977 after "police force" insert "or protective services officer".

(3)After section 24(1) of the Bail Act 1977 insert—

"(1A) If a protective services officer arrests a person under subsection (1), the protective services officer must hand the person into the custody of a member of the police force as soon as practicable after the person is arrested.".

(4)For section 24(2) of the Bail Act 1977 substitute—

"(2)If a person is arrested under subsection (1) or is handed into the custody of a member of the police force by a protective services officer under subsection (1A), a member of the police force must—

(a)bring the person before a bail justice as soon as practicable after the person is arrested or has been handed into the custody of a member of the police force and in any event within 24 hours thereafter; or

(b)if the person is arrested or handed into the custody of a member of the police force within 24 hours before the time at which the person is bound by a condition of his or her bail to attend before a court—bring the person before that court at that time.".

s. 6

(5)After section 24(5) of the Bail Act 1977 insert—

"(6)In this section—

designated place has the same meaning as it has in section 118D of the Police Regulation Act 1958;

protective services officer means a protective services officer appointed under section 118B(1) of the Police Regulation Act 1958.".

______

Part 4—Amendment of Control of Weapons Act 1990

7Definitions

See:
Act No.
24/1990.
Reprint No. 5
as at
22 August 2010
and amending
Act Nos
42/2010, 52/2010, 78/2010 and 11/2011.
LawToday:
www.
legislation.
vic.gov.au

s. 7

In section 3(1) of the Control of Weapons Act 1990—

(a)in paragraph (b) of the definition of police officer omit "within the meaning of the Police Regulation Act 1958";

(b) insert the following definitions—

"designated place has the same meaning as it has in section 118D of the Police Regulation Act 1958;

protective services officer means a protective services officer appointed under section 118B(1) of the Police Regulation Act 1958;".

8Power to require production of approval

In section 8G(1) of the Control of Weapons Act 1990 after "police force" insert ", or a protective services officer on duty at a designated place,".

9Forfeiture of controlled weapons if infringement notice served

In section 9A(1) of the Control of Weapons Act 1990 after "police force" insert "or a protective services officer".

10New section 10AA inserted

After section 10 of the Control of Weapons Act 1990 insert—

"10AA Search by protective services officer

(1)This section applies if a protective services officer on duty at a designated place has reasonable grounds for suspecting that a person at or in the vicinity of a designated place is carrying or has in his or her possession in a public place a weapon contrary to this Act.

(2)Subject to subsection (4), the protective services officer may, without a warrant—

s. 10

(a)search the person and any vehicle or thing in the person's possession or under the person's control for the weapon; and

(b)seize and detain any item detected during the search that the protective services officer reasonably suspects is a weapon.

(3)For the purposes of subsection (1), the fact that a person is present in a location with a high incidence of violent crime may be taken into account in determining whether there are reasonable grounds for suspecting that the person is carrying a weapon or has a weapon in his or her possession.

(4)Before a protective services officer commences a search of a person under subsection (2), the protective services officer must—

(a)inform the person of the grounds for his or her suspicion; and

(b)inform the person of the protective services officer's name, rank and place of duty; and

(c)if requested to do so by the person, provide the information referred to in paragraph (b) in writing; and

(d)produce his or her identification for inspection by the person, unless the protective services officer is in uniform; and

s. 10

(e)inform the person that he or she intends to search the person or thing (as the case requires) for weapons and is empowered to do so under this Act.

(5)Clauses 1, 2, 4(2), 4(3), 5(2), 5(3), 5(4), 6, 11(1), 11(5), 12(1) and 12(5) of Schedule 1 apply to the search of a person or thing under this section as if—

(a)a reference in that Schedule to a member of the police force were a reference to a protective services officer; and

(b)a reference in that Schedule to a search under section 10 were a reference to a search under this section.

(6)A protective services officer must conduct the least invasive search that is practicable in the circumstances.

(7)A protective services officer may detain a person for so long as is reasonably necessary to conduct a search under this section.

(8)To avoid doubt, a protective services officer may exercise any power under this section to search or detain a person, or seize and detain any item detected during the search, at or in the vicinity of a designated place.

(9) In this section, weapon means—

(a)a prohibited weapon; or

(b)a controlled weapon; or

(c)a dangerous article.".

11Duty to make records concerning searches

s. 11

(1)In section 10A(1) of the Control of Weapons Act 1990 after "section 10G" insert ", or a protective services officer who conducts a search under section 10AA,".

(2)In section 10A(3) of the Control of Weapons Act 1990 after "section 10" insert "or 10AA".

(3)For section 10A(4) of the Control of Weapons Act 1990 substitute—

"(4)A request under subsection (3) is made to—

(a)in the case of a search conducted by a member of the police force—the officer in charge of the place of duty of that member referred to in section 10(3)(a) or 10I(1)(a) or clause 8(1)(a) of Schedule 1; or

(b)in the case of a search conducted by a protective services officer—the officer in charge of the place of duty of the protective services officer referred to in section 10AA(4)(b).".

12Chief Commissioner to report on searches without warrant

In section 10B(a) of the Control of Weapons Act 1990 after "section 10" insert "or 10AA".

13Power to serve infringement notice

(1)After section 11B(1) of the Control of Weapons Act 1990 insert—

"(1A) Subject to subsection (2), a protective services officer may serve an infringement notice on any person who he or she has reason to believe has committed an offence against section 6(1) at or in the vicinity of a designated place.".

(2)In section 11B(3) of the Control of Weapons Act 1990 after "subsection (1)" insert "or (1A)".

s. 13

______

Part 5—Amendment of Crimes Act 1958

14Definitions

See:
Act No.
6231.
Reprint No. 22
as at
17 March 2010
and amending
Act Nos
87/2009, 13/2010, 63/2010, 64/2010, 20/2011, 27/2011 and 29/2011.
LawToday:
www.
legislation.
vic.gov.au

s. 14

In section 2A(1) of the Crimes Act 1958 insert the following definition—

"protective services officer means a protective services officer appointed under section 118B(1) of the Police Regulation Act 1958;".

15Threatening injury to prevent arrest

In section 30(b) of the Crimes Act 1958 after "police force" (wherever occurring) insert "or a protective services officer".

16Assaults

(1)After section 31(1)(b)(i) of the Crimes Act 1958 insert—

"(ia) a protective services officer in the due execution of duty; or".

(2)In section 31(1)(b)(ii) of the Crimes Act 1958 after "police force" insert "or in aid of a protective services officer".

(3) In section 31(1)(b) of the Crimes Act 1958 for "member or person" (wherever occurring) substitute "member, officer or person".

17Powers of member of police force to apprehend offenders

s. 17

(1) Insert the following heading to section 459 of the Crimes Act 1958—

"Powers of member of police force or protective services officer to apprehend offenders".

(2)In section 459 of the Crimes Act 1958 after "police force" insert ", or a protective services officer on duty at a designated place,".

(3)At the end of section 459 of the Crimes Act 1958 insert—

"(2)If a protective services officer arrests a person under subsection (1), the protective services officer must hand the person into the custody of a member of the police force as soon as practicable after the person is arrested.

(3)In this section, designated place has the same meaning as it has in section 118D of the Police Regulation Act 1958.".

______

Part 6—Amendment of Drugs, Poisons and Controlled Substances Act 1981

18Definitions

See:
Act No.
9719.
Reprint No. 9
as at
1 July 2010
and amending
Act Nos
39/2010, 43/2010, 64/2010 and 29/2011.
LawToday:
www.
legislation.
vic.gov.au

s. 18

In section 4(1) of the Drugs, Poisons and Controlled Substances Act 1981 insert the following definition—

"protective services officer means a protective services officer appointed under section 118B(1) of the Police Regulation Act 1958;".

19Police to take into account the best interests of person under 18 years of age

(1)In the heading to section 60B of the Drugs, Poisons and Controlled Substances Act 1981 after "Police" insert "or protective services officer".

(2)In section 60B of the Drugs, Poisons and Controlled Substances Act 1981 after "police force" insert "or a protective services officer".

20New section 60BA inserted

After section 60B of the Drugs, Poisons and Controlled Substances Act 1981 insert—

"60BA Protective services officer may exercise police powers under this Division

(1)Subject to subsection (3), a protective services officer on duty at a designated place may exercise all the powers and has all the responsibilities given to or imposed on a member of the police force under this Division other than section 60M(4) and (5).

(2)Any reference in this Division to an action taken by a member of the police force includes any action taken by a protective services officer exercising the powers of a member of the police force in reliance on subsection (1).

s. 20

(3) A protective services officer may only exercise the powers under this Division in relation to a person who is at, or in the vicinity of, a designated place.

(4) Subsection (5) applies if a protective services officer—

(a)has detained a person who is under 18 years of age under section 60L; and

(b)after taking all reasonable steps, has been unable to release the person into the care of a suitable person in accordance with section 60M(3).

(5)The protective services officer—

(a)may release the detained person; or

(b)subject to section 60M(2), may continue to detain the person until the person can be handed into the custody of a member of the police force.

(6) In taking an action under subsection (5), a protective services officer must take the action which he or she reasonably believes is the most appropriate in the circumstances.

(7) In this section, designated place has the same meaning as it has in section 118D of the Police Regulation Act 1958.".

______

Part 7—Amendment of Environment Protection Act 1970

21Definitions

See:
Act No.
8056.
Reprint No. 17
as at
7 May 2009
and amending
Act Nos
68/2009, 20/2010, 29/2010, 54/2010, 58/2010, 65/2010, 78/2011 and 25/2011.
LawToday:
www.
legislation.
vic.gov.au

s. 21

In section 4(1) of the Environment Protection Act 1970 after paragraph (d) of the definition of litter enforcement officer insert—

"(da) in relation to a designated place within the meaning of section 118D of the Police Regulation Act 1958 or the vicinity of such a place—a protective services officer appointed under section 118B(1) of the Police Regulation Act 1958 who is on duty at that designated place;".

______

Part 8—Amendment of Graffiti Prevention Act 2007

22Definitions

See:
Act No.
59/2007
and amending
Act Nos
6/2010 and 52/2010.
LawToday:
www.
legislation.
vic.gov.au

s. 22

In section 3 of the Graffiti Prevention Act 2007 insert the following definitions—

"designated place has the same meaning as it has in section 118D of the Police Regulation Act 1958;

protective services officer means a protective services officer appointed under section 118B(1) of the Police Regulation Act 1958;".

23Possessing a prescribed graffiti implement

(1)In section 7(3) of the Graffiti Prevention Act 2007 after "police force" insert "or a protective services officer".

(2)In section 7(3)(a) of the Graffiti Prevention Act 2007 after "member" insert "or officer".

24Infringement notices, penalties and offences

After section 11(1) of the Graffiti Prevention Act 2007 insert—

"(1A) A protective services officer may serve an infringement notice on a person who the officer has reason to believe has committed an offence against section 7(1) at or in the vicinity of a designated place.".

25Search without warrant

(1)In section 13(1) of the Graffiti Prevention Act 2007—

(a) after "police force" insert ", or a protective services officer on duty at a designated place,";

(b)after "the member" insert "or officer".

(2)In section 13(3) of the Graffiti Prevention Act 2007—

(a)after "police force" insert "or a protective services officer";

(b)after "the member" (where first occurring) insert "or officer";

(c)in paragraph (a) for "the member's" substitute "his or her";

(d)in paragraph (c)—

(i) for "the member's" substitute "his or her";

(ii)after "the member" insert "or officer".

(3)In section 13(4) of the Graffiti Prevention Act 2007 after "police force" insert "or the protective services officer".

26Search of persons under 18 years of age

s. 26

In section 14(2) of the Graffiti Prevention Act 2007—

(a)after "police force" insert "or a protective services officer";

(b)in paragraph (a) after "member" insert "or officer";

(c)in paragraph (b)—

(i) after "the member" (wherever occurring) insert "or officer";

(ii)in subparagraph (i) for "the member's" substitute "his or her";

(iii)in subparagraph (i) for "his or her" substitute "the person's".

27Conduct of searches

s. 27

In section 15 of the Graffiti Prevention Act 2007—

(a)after "police force" (wherever occurring) insert "or a protective services officer";

(b)after "the member" (wherever occurring) insert "or officer".

28Duty to make records concerning searches without warrant

(1)In section 16(1) of the Graffiti Prevention Act 2007—

(a)after "police force" insert "or a protective services officer";

(b)in paragraph (a) after "the member's" insert "or the officer's".

(2)In section 16(4) of the Graffiti Prevention Act 2007 after "the member" insert "or officer".

______

Part 9—Amendment of Liquor Control Reform Act 1998

29Definitions

See:
Act No.
94/1998.
Reprint No. 5
as at
1 April 2010
and amending
Act Nos
9/2008, 88/2009, 13/2010, 18/2010, 52/2010, 57/2010, 64/2010, 12/2011, 13/2011 and 29/2011.
LawToday:
www.
legislation.
vic.gov.au

s. 29

In section 3(1) of the Liquor Control Reform Act 1998 insert the following definitions—

"designated place has the same meaning as it has in section 118D of the Police Regulation Act 1958;

protective services officer means a protective services officer appointed under section 118B(1) of the Police Regulation Act 1958;".

30Power to demand suspected minor to give his or her age

(1)After section 126(1) of the Liquor Control Reform Act 1998 insert—

"(2)If a protective services officer on duty at a designated place has reason to believe that a person at or in the vicinity of a designated place who appears to be under the age of 18 years has consumed, is consuming or is about to consume liquor in contravention of this Act, the protective services officer may demand particulars of the person's age, name and address.".

(2)In section 126(5) of the Liquor Control Reform Act 1998 after "police force" insert "or a protective services officer referred to in subsection (2)".