Justice Legislation Further Amendment Act 2009

Justice Legislation Further Amendment Act 2009

No. 55 of 2009

table of provisions

SectionPage

Part 1—Preliminary

1Purposes

2Commencement

Part 2—Corrections Act 1986

3Functions of Secretary

4New Part 9D inserted

Part 9D—Accident Compensation

104ZODefinition

104ZPApplication of Part

104ZQWhen is compensation payable?

104ZRCompensation for personal injuries

104ZSCompensation for loss of or damage to property

104ZTJurisdiction

104ZUAuthority to represent Crown

104ZVCompensation otherwise payable

104ZWPayments

5Section 110 repealed

6New section 118 inserted

118Transitional provision—Justice Legislation Further Amendment Act 2009

Part 3—Drugs, Poisons and Controlled SubstancesAct 1981

7Definitions

8New Part VB inserted

Part VB—Precursor Chemicals and Apparatus

Division 1—Preliminary

80IApplication of Part

Division 2—Category 1 precursor chemicals

80JSupply of category 1 precursor chemicals

80KStorage of category 1 precursor chemicals

Division 3—Category 2 precursor chemicals and category 3 precursor apparatus

80LSupply of category 2 precursor chemicals

80MSupply of category 3 precursor apparatus

Division 4—Transaction records

80NEnd user declarations to be kept

80ORecord of supply—category 1 precursor chemical

80PRecord of supply—category 2 precursor chemical

80QRecord of supply of category 3 precursor apparatus

80RPolice may inspect records

80SOffence not to produce records

9Regulations

Part 4—Family Violence Protection Act 2008

10No effect on ownership rights

11Effect of seizure of firearm, weapon or other article if final ordermade against person

12Effect of seizure of firearm, weapon or other article if no final order etc.

13Order declaring a person to be a vexatious litigant

14New section 197A inserted

197ANotice of order to be given to Attorney-General

Part 5—Firearms Act 1996

15Persons from whom a dealer can acquire firearms

16Persons to whom a dealer can dispose of firearms

17Offence to acquire a firearm without a permit

18Offence not to produce firearm for inspection

19Offence to carry or use a firearm in certain places

20Offence to possess, carry or use a firearm on private property without consent

21Non-prohibited persons who are exempt from the requirement tohold a licence under Part 2

Part 6—Police Integrity Act 2008

22Delegation by Director

23Definitions

24Testing of members of OPI personnel in certain circumstances

25Confidentiality of witness summons

26Person held in custody

27Power to seize documents or things at public authority
premises

28Privilege claims in relation to search warrants

29Authority to possess, carry and use defensive equipment

30New sections 102A and 102B inserted

102AAuthority to possess, carry and use defensive equipmentfor training purposes

102BAuthority to acquire, store and maintain defensive equipment

31Authority to possess, carry and use firearms

32New sections 103A to 103F inserted

103AAuthority to acquire, dispose of, store and maintain firearms

103BAuthority to possess, carry and use firearms for trainingpurposes

103CDirector to notify Chief Commissioner of acquisition ordisposal

103DStorage of firearms

103EStorage of cartridge ammunition

103FRequirement to notify Chief Commissioner of loss etc.

33Amendment to Schedule 1

Part 7—Sex Offenders Registration Act 2004

Division 1—Chief Commissioner may apply for suspension of reporting obligations

34Supreme Court may exempt certain registrable offenders

35New section 39A inserted

39AChief Commissioner may apply for exemption from reporting obligations

36Order for suspension

37New section 35A inserted

35AReporting period to run during suspension

38Restriction on right of unsuccessful applicant to re-apply for order

39New section 44A inserted

44AChief Commissioner may apply for revocation of exemption order

40Application for new order

Division 2—Application of sex offender registration orders to juvenile offenders

41Sex offender registration order

Division 3—Additional personal details to be provided by registrableoffenders

42Initial report by registrable offender of personal details

Division 4—Change to the time period for reporting that a registrable offender has unsupervised contact with a child

43Registrable offender must report changes to relevant personal details

Division 5—Periods within which registrable offenders must report to police

44When the report must be made

Division 6—Clarification of how reporting periods are calculated

45Length of reporting period

46Reduced period applies for juvenile registrable offenders

Division 7—Police to provide information from the Register to Secretary

47Access to the Register to be restricted

Division 8—Technical amendments

48Who is a registrable offender?

Part 8—Stalking Intervention Orders Act 2008

49Effect of seizure of firearms if final order is made

50Effect of seizure of firearm if no final order made

51Bail on appearance to summons or arrest

Part 9—Amendments to Miscellaneous Acts and Repeal of Amending Act

Division 1—Control of Weapons Act 1990

52Identifying persons purchasing prohibited weapons

Division 2—Legal Aid Act 1978

53Functions and powers

54Duties of the VLA

Division 3—Liquor Control Reform Amendment (Enforcement) Act2009

55Security cameras

Division 4—Major Crime Legislation Amendment Act 2009

56Confidentiality of witness summons

57New section 11A inserted

11ACourt proceedings

Division 5—Police Regulation Act 1958

58Definitions

59Testing of members in certain circumstances

Division 6—Road Safety Act 1986

60Evidence relating to prescribed detection devices

61New sections inserted after section 103T

103UDefinition

103VTransitional provision 2009 Act—Section79
evidence

103WTransitional provision 2009 Act —Section80A
evidence

103XTransitional provision 2009 Act—Section81
evidence

103YTransitional provision 2009 Act—Section83
certificates

103ZTransitional provision 2009 Act—Section83A certificates

Division 7—Witness Protection Act 1991

62 Notice of involuntary termination, review and appeal

Division 8—Working with Children Act 2005

63Re-assessment

Division 9—Repeal of Amending Act

64Repeal of amending Act

═══════════════

Endnotes

SectionPage

Victoria

SectionPage

Justice Legislation Further Amendment Act 2009[†]

No. 55 of 2009

[Assented to 22 September 2009]

Justice Legislation Further Amendment Act 2009
No. 55 of 2009

The Parliament of Victoriaenacts:

Part 9—Amendments to Miscellaneous Acts and Repeal of Amending Act

Justice Legislation Further Amendment Act 2009
No. 55 of 2009

Part 1—Preliminary

1Purposes

The main purposes of this Act are—

(a)to amend the Control of Weapons Act 1990 in relation to its application to the Director, Police Integrity and to the Office of Police Integrity;

(b)to amend the Corrections Act 1986 in relation to accident compensation and other minor matters;

s. 1

(c)to amend theDrugs, Poisons and Controlled Substances Act 1981to provide for controls in relation to the supply ofcertain prescribed precursor chemicals and precursor apparatus;

(d)to amend the Family Violence Protection Act 2008 in relation to the seizure and surrender of firearms;

(e)to amend the Firearms Act 1996in relation to its application to the Director, Police Integrity and to the Office of Police Integrity;

(f)to amend the Legal Aid Act 1978 in relation to the functions of Victoria Legal Aid;

(g) to amend the Liquor Control Reform Amendment (Enforcement) Act 2009to correct minor matters;

(h)to amend the Major Crime Legislation Amendment Act 2009 to correct minor matters;

(i)to amend the Police Integrity Act 2008 to improve the operation of that Act;

(j)to amend the Police Regulation Act 1958 in relation to drug and alcohol testing of members of the force;

(k)to amend the Road Safety Act 1986 in relation to detection devices;

(l)to amend the Sex Offenders Registration Act 2004 to improve the operation of that Act;

(m)to amend the Stalking Intervention Orders Act 2008 in relation to the seizure and surrender of firearms;

(n)to amend the Witness Protection Act 1991 to amend a time limit;

(o)to amend the Working with Children Act 2005 to improve the operation of that Act.

2Commencement

s. 2

(1)Part 1 and Divisions 3 and 4 of Part 9come into operation on the day on which this Act receives the Royal Assent.

(2)Section 61 comes into operation on the day on which section 30 of the Road Legislation Amendment Act 2009 comes into operation.

(3)Subject to subsection (4), the remaining provisions of this Act come into operation on a day or days to be proclaimed.

(4)If a provision referred to in subsection (3)does not come into operation before 31 May 2010, it comes into operation on that day.

______

Part 2—Corrections Act 1986

3Functions of Secretary

s. 3

See:
Act No. 117/1986.
Reprint No. 8
as at
2 April 2009.
LawToday:
www.
legislation.
vic.gov.au

Section 7(2) of the Corrections Act 1986is repealed.

4New Part 9D inserted

After Part 9C of the Corrections Act 1986 insert—

"Part 9D—Accident Compensation

104ZODefinition

In this Part, Authority means the Victorian WorkCover Authority established under the Accident Compensation Act 1985.

104ZPApplication of Part

This Part applies to a person who is—

(a)an offender who is required or directed by or under a correctional order, a provision of the Sentencing Act 1991, or Part 9 of this Act to work or to take part in a program of activities; or

(b)a volunteer who is working in a prison or at a location; or

(c)a person who is required or directed by or under a diversion program under section 128A of the Magistrates' Court Act 1989 to work or to take part in a program of activities.

104ZQWhen is compensation payable?

s. 4

Compensation is payable under this Part if a person suffers personal injury (including death) or loss of or damage to property belonging to the person or in the person's possession or control while the person is engaged—

(a)in working or taking part in a program of activities referred to in section 104ZP(a) or (c); or

(b)if the person is a volunteer, in working in a prison or at a location.

104ZRCompensation for personal injuries

(1)Compensation for personal injury (including death) is to be paid in accordance with and subject to the Accident Compensation Act 1985 tothose persons to whom, or for whose benefit, compensation would be payable under that Act if—

(a)the injured person were a workeremployed by the Crown; and

(b)the personal injury had arisen out of or in the course of the employment—

within the meaning of that Act.

(2)For the purpose of assessing the amount of compensation, the average weekly earnings of the injured person is to be computed on the following basis but so that any relevant maximum limits imposed by the Accident Compensation Act 1985 are not exceeded—

s. 4

(a)by reference to the injured person's employment by any employer or employers during the relevant period before the accident; or

(b) if the injured person was not then working under a contract of service, on any basis that is best calculated to give the appropriate compensation for the injured person's loss of earning capacity.

(3)For the purposes of enabling the return to work of the injured person, the Authority may—

(a)prepare a return to work plan under the Accident Compensation Act 1985;

(b)approve a provider of occupational rehabilitation services for the purposes of a return to work plan prepared under paragraph (a);

(c)provide alternative assistance or programs to the injured person or in respect of the employment of the injured person.

(4)Any costs and expenses incurred as a result of subsection (3) are to be paid by the Authority under section 104ZW(2) as if the costs and expenses were a payment of compensation and section 104ZW(3) applies accordingly.

(5)In this section, injured person means—

s. 4

(a)an offender or person who suffers personal injury (including death) while engaged in working or taking part in a program of activities referred to in section 104ZP(a) or (c); or

(b) a volunteer who suffers personal injury (including death) while engaged in working in a prison or at a location.

104ZSCompensation for loss of or damage to property

Compensation payable for loss of or damage to property is to be such that the Minister considers reasonable in the circumstances and is to be paid to the owner of the property or any person who has an interest in it.

104ZTJurisdiction

If any question or matter arises under this Part, the County Court and the Magistrates' Court have, under this Act, the same jurisdiction to hear and determine the question or matter as if it were a question or matter arising under the AccidentCompensation Act 1985 and that Act applies with the necessary adaptations and modifications.

104ZUAuthority to represent Crown

In all proceedings under this Part, the Authority represents the Crown and has the same powers, rights and authorities as the Authority has under the Accident Compensation Act 1985 in regard to the corresponding matter relating to a worker under that Act.

104ZVCompensation otherwise payable

If a person is entitled to compensation in respect of personal injury otherwise than in accordance with this Part, there is payable to that person the amount, if any, by which the amount of compensation in respect of the injury determined under this Part exceeds the amount to which the person is entitled.

104ZWPayments

(1)The Authority is entitled to the reimbursement of its reasonable costs and expenses incurred in representing the Crown under section 104ZU.

(2)The Authority must make any payment of compensation under this Part out of the WorkCover Authority Fund under the AccidentCompensation Act 1985.

(3)There is to be paid into the WorkCover Authority Fund out of the Consolidated Fund, which is to the necessary extent appropriated accordingly—

(a)the amounts to be reimbursed under subsection (1); and

(b)the amount of any payments under subsection (2).

______".

5Section 110 repealed

s. 5

Section 110 of the Corrections Act 1986 is repealed.

6New section 118 inserted

s. 6

After section 117 of the Corrections Act 1986 insert—

"118 Transitional provision—Justice Legislation Further Amendment Act 2009

Part 9D does not apply to a claim by a person referred to in section 110 (as in force immediately before its repeal) under the Accident Compensation Act 1985that was made but not finalised before the commencement of section4 of the Justice Legislation Further Amendment Act 2009. Section 110 (as in force before its repeal) continues to apply to that claim.".

______

Part 3—Drugs, Poisons and Controlled Substances Act 1981

7Definitions

s. 7

See:
Act No.
9719.
Reprint No. 8
as at
1 August 2007
and amending
Act Nos
16/2004, 17/2008, 34/2008, 46/2008 and 25/2009.
LawToday:
www.
legislation.
vic.gov.au

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

"category 1 precursor chemical means a substance prescribed as a category 1 precursor chemical and—

(a)includes—

(i)any form of that substance, whether natural or synthetic; and

(ii)if specified in the regulations for that category 1 precursor chemical,the salts, derivatives and isomers of that substance and any salt of those derivatives and isomers;

(b)despite the definition of substance in this section, does not include that substance when contained in or mixed with another substance;

category 2 precursor chemical means a substance prescribed as a category 2 precursor chemical and—

(a)includes—

(i)any form of that substance, whether natural or synthetic; and

(ii)if specified in the regulations for that category 2 precursor chemical,the salts, derivatives and isomers of that substance and any salt of those derivatives and isomers;

s. 7

(b)despite the definition of substance in this section, does not include that substance when contained in or mixed with another substance;

category 3 precursor apparatus means an item or class of item prescribed as a category 3 precursor apparatus;

date of supply, in Part VB, means the date a category 1 precursor chemical, a category 2 precursor chemical or a category 3 precursor apparatus, as the case requires, leaves the premises of the person who supplied it;

end user declaration means a declaration required for the purposes of section 80J, 80L or 80M, as the case requires;

sufficient proof of identity of receiver, for the purposes of Part VB, means proof of identity provided by one of the following—

(a)a driver licence issued under the Road Safety Act 1986, or a licence issued in another State or a Territory that is the equivalent of a driver licence, that displays a photograph of the person; or

(b)an Australian passport or a foreign passport; or

(c) a proof of age card issued under the Liquor Control Reform Act 1998 or a card issued in another State or a Territory that is the equivalent of a proof of age card;".

8New Part VB inserted

s. 8

After PartVA of the Drugs, Poisons and Controlled Substances Act 1981 insert—

"Part VB—Precursor Chemicals and Apparatus

Division 1—Preliminary

80IApplication of Part

This Part does not apply to—

(a)the supply by retail of a retail product containing a precursor chemical;

(b)therapeutic goods within the meaning of the Therapeutic Goods (Victoria) Act 1994 which are prescribed to be exempt (in whole or in part) from this Part;

(c)the supply of a precursor chemical, or class of precursor chemical, which is prescribed to be exempt (in whole or in part) from this Part.

Division 2—Category 1 precursor chemicals

80JSupply of category 1 precursor chemicals

(1)Subject to subsection (2), a person (the supplier) must not supply a category 1 precursor chemical to another person (the receiver) unless the receiver—

(a)provides sufficient proof of identity of receiver to the supplier; and

Note

See definition of sufficient proof of identity of receiver in section 4(1).

(b)has an account with the supplier through which the receiver pays for the supply of category 1 precursor chemicals; and

s. 8

(c)gives the supplier an end user declaration containing the prescribed particulars.

Penalty:In the case of a natural person, 30penalty units;

In the case of a body corporate, 150 penalty units.

(2) A person must not supply a category 1 precursor chemical under subsection (1) unless at least 24 hours have passed since the receiver complied with the requirements set out in subsection (1).

Penalty:In the case of a natural person, 30penalty units;

In the case of a body corporate, 150 penalty units.

80KStorage of category 1 precursor chemicals

(1)A person who supplies category 1 precursor chemicals must ensure that any category 1 precursor chemicals in that person's control, custody or possession are stored in a manner that prevents any access to it by a person other than—

(a)the person who supplies the category 1 precursor chemicals; and

(b)any person authorised in writing to have access to the category 1 precursor chemicals by the person referred to in paragraph (a).

s. 8

Penalty:In the case of a natural person, 20penalty units;

In the case of a body corporate, 100 penalty units.

(2) A person who supplies any category 1 precursor chemical must keep each authorisation referred to in subsection (1)(b) for at least 2 years after the expiry of the authorisation.

Penalty:In the case of a natural person, 20penalty units;

In the case of a body corporate, 100 penalty units.

Division 3—Category 2 precursor chemicals and category 3 precursor apparatus

80LSupply of category 2 precursor chemicals

A person (the supplier) must not supply a category 2 precursor chemical to another person (the receiver) unless the receiver—

(a)provides sufficient proof of identity of receiver to the supplier; and

Note

See definition of sufficient proof of identity of receiver in section 4(1).

(b)either—

(i)has an account with the supplier through which the receiver pays for the supply of category 2 precursor chemicals; or

(ii)if cash is used, gives the supplier an end user declaration containing the prescribed particulars.

s. 8

Penalty:In the case of a natural person, 30penalty units;

In the case of a body corporate, 150 penalty units.

80M Supply of category 3 precursor apparatus

A person (the supplier) must not supply a category 3 precursor apparatus to another person (the receiver) unless the receiver—

(a)provides sufficient proof of identity of receiver to the supplier; and

Note

See definition of sufficient proof of identity of receiver in section 4(1).

(b)either—

(i)has an account with the supplier through which the receiver pays for the supply of category 3 precursor apparatus; or

(ii)if cash is used, gives the supplier an end user declaration containing the prescribed particulars.

Penalty:In the case of a natural person, 30penalty units;

In the case of a body corporate, 150 penalty units.

Division 4—Transaction records

80N End user declarations to be kept

(1)A person who supplies any category 1 precursor chemical must keep each end user declaration given to the person under section80J for at least 5 years after the relevant date of supplyto which the end user declaration relates.