VersionNo. 024
Public Safety Preservation Act 1958
No. 6348 of 1958
Versionincorporating amendments as at
11 October 2012
table of provisions
SectionPage
1
SectionPage
1Short title and commencement
2Repeal and saving
3Future powers
4Regulations as to public safety or order
5Regulations for securing essentials of life to the community
6Application and operation of regulations
7Regulations not to impose industrial conscription
8Regulations not to prohibit strikes in certain cases
9Offences and penalties
10No remedy against the Crown except compensation for property used or taken
11Saving of other powers
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SCHEDULE—repeal
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details
1
VersionNo. 024
Public Safety Preservation Act 1958
No. 6348 of 1958
Versionincorporating amendments as at
11 October 2012
An Act to consolidate the Law making Provisions for the Protection of the Community in Cases of Emergency.
1
Public Safety Preservation Act 1958
No. 6348 of 1958
BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):
1Short title and commencement
This Act may be cited as the Public Safety Preservation Act 1958, and shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette.
2Repeal and saving
(1)The Act mentioned in the Schedule to the extent thereby expressed to be repealed is hereby repealed accordingly.
(2)Except as in this Act expressly or by necessary implication provided—
(a)all persons things and circumstances appointed or created by or under the repealed Act or existing or continuing under that Act immediately before the commencement of this Act shall under and subject to this Act continue to have the same status operation and effect as they respectively would have had if that Act had not been so repealed;
(b)in particular and without affecting the generality of the foregoing paragraph such repeal shall not disturb the continuity of status operation or effect of any proclamation regulation order recognisance liability or right made issued passed entered into accrued incurred or acquired or existing or continuing by or under the repealed Act before the commencement of this Act.
No. 3756 s.3.
3Future powers
s. 3
(1)Where at any time it appears to the Governor in Council that any action has been taken or is immediately threatened by any persons or body of persons whereby the public safety or order is or is likely to be imperilled the Governor in Council may by proclamation (in this Act referred to as a proclamation of emergency) declare that a state of emergency exists.
(2)No such proclamation shall be in force for more than one month, without prejudice to the issue of another proclamation of emergency before at or after the end of that period.
(3)Where a proclamation of emergency has been made the occasion thereof shall be forthwith communicated to Parliament; and if Parliament is then separated by such adjournment or prorogation as will not expire within five days then a proclamation of the Governor shall be issued summoning the Legislative Council and the Legislative Assembly to meet for the despatch of the business of Parliament on any day not less than two nor more than five days from the date of the said proclamation of emergency and Parliament shall accordingly meet and sit upon the day appointed by the said proclamation of the Governor and shall continue to sit and act in like manner as if it had stood adjourned or prorogued to the same day.
(4)Where a proclamation of emergency has been made and so long as the proclamation is in force the Governor in Council may exercise all or any of the powers hereinafter conferred upon the Governor in Council by or under this Act.
(5)Where a proclamation of emergency has been made and so long as the proclamation is in force any regulations made under this Act shall not continue in force after the expiration of seven days from the time when they are laid before Parliament unless a resolution is passed by both Houses providing for the continuance thereof.
No. 3756 s.4.
4Regulations as to public safety or order
s. 4
Pursuant to powers conferred by or under this Act the Governor in Council may make regulations for or with respect to—
(a)securing public safety or order;
(b)conferring such powers and imposing such duties as the Governor in Council thinks fit upon any responsible Minister or Ministers of the Crown and any officers or other persons for securing public safety or order and in particular (and without affecting the generality of the foregoing provisions of this section) with a view—
(i)to prevent interference with or intimidation molestation or annoyance of any persons in or in relation to the lawful conduct of their affairs or the lawful performance of their duties and to prevent the exposure of any person to insult or disability in or in relation to his lawful behaviour or the lawful conduct of his affairs or the lawful performance of his duties;
S. 4(b)(ii) amended by Nos 97/1987 s.181(12), 74/2000 s.3(Sch. 1 item106).
(ii)to prohibit or regulate the sale supply or disposal of liquor within the meaning of the Liquor Control Reform Act 1998 including power (in the case of any offence against the said Act or this Act) to suspend any licence under the said Act or to restrict or to subject to conditions the exercise of any right or privilege conferred by any such licence; and
(iii)to prevent the doing of any act or thing (whether or not of the like nature to the foregoing) with the object of or which may have the effect of prejudicing the public safety or order.
No. 3756 s.5.
5Regulations for securing essentials of life to the community
s. 5
Pursuant to powers conferred by or under this Act the Governor in Council may make regulations for or with respect to securing the essentials of life to the community or any substantial portion of the community; and such regulations may confer such powers and impose such duties as the Governor in Council thinks fit upon any responsible Minister or Ministers of the Crown and any officers or other persons for the preservation of peace or order, for securing and regulating the supply and distribution of food water fuel light and other necessities, for maintaining the means of transit transport locomotion or other services, and for any purposes essential to public safety or order or the life of the community; and such regulations may contain such provisions incidental to the powers aforesaid as may appear to the Governor in Council to be required for making the exercise of those powers effective.
No. 3756 s.6.
6Application and operation of regulations
s. 6
(1)Any regulations made under this Act—
(a)may be made so as to apply to or have operation throughout the whole or any part of Victoria;
(b)may subject to this Act be made so as to operate for any period or periods or for any time or times or for any occasion or occasions specified therein;
(c)may be of general operation or of specially limited operation according to time place circumstances conditions or restrictions;
S. 6(1)(d)–(f) repealed by No. 6886 s.3.
*****
(2)The expiry or revocation of any regulations made under this Act shall not be deemed to have affected the previous operation thereof or the validity of any action taken thereunder or any penalty or punishment incurred in respect of any contravention or failure to comply therewith or any proceeding or remedy in respect of any such penalty or punishment.
No. 3756 s.7.
7Regulations not to impose industrial conscription
Nothing in this Act shall be construed to authorize the making of any regulations imposing any form of industrial conscription.
No. 3756 s.8.
8Regulations not to prohibit strikes in certain cases
No regulation made under this Act (except a regulation made under section five hereof) shall make it an offence for any person or persons to take part in a strike or peacefully to persuade any other person or persons to take part in a strike.
No. 3756 s.9.
S. 9(1) amended by Nos 16/1986 s.30, 57/1989 s.3(Sch. item169.1).
9Offences and penalties
s. 9
(1)Every person who contravenes or fails to comply with any provision of any regulation made under this Act shall be guilty of an offence against this Act and may be arrested either with or without warrant and being convicted of any such offence either as an indictable offence or before the Magistrates' Court shall be liable to a penalty of not more than $200[1] or to imprisonment for a term of not more than three months or to both such penalty and imprisonment.
(2)Every person who aids abets incites counsels or procures or is in any way, directly or indirectly, knowingly concerned in the commission of any offence against this Act shall be deemed to have committed that offence and shall be punishable accordingly.
(3)When any person is convicted of an offence against this Act the court before which he is convicted may either in addition to or in lieu of any punishment provided for the offence require him to enter into recognisances with or without sureties to comply with the provisions of the regulations in relation to which the offence was committed, and if any person fails to comply with the order of the court requiring him to enter into recognisances the court may order him to be imprisoned for any term of not more than six months.
(4)Every corporation shall be liable for any offence against this Act as if such corporation were a private person and shall be subject to the same penalties as if it were a private person; and if any chairman member of the governing body director manager secretary or officer of such corporation knowingly authorizes or permits the commission of any such offence he shall be deemed to have committed such offence and shall be punishable by penalty or imprisonment or both accordingly.
No. 3756 s.10.
10No remedy against the Crown except compensation for property used or taken
s. 10
(1)No action claim or demand whatsoever shall lie or be made or allowed by or in favour of any person whomsoever against Her Majesty or any responsible Minister of the Crown or any officer or person acting in the execution of this Act or of any regulation made under this Act for or in respect of any damage loss or injury sustained or alleged to have been sustained by reason of the passing of this Act or of the operation of this Act or of anything done or purporting to be done thereunder save only in respect of reasonable compensation for any property used or taken by or on behalf of Her Majesty in pursuance of any powers conferred by or under this Act.
S. 10(2) amended by No. 57/1989 s.3(Sch. item169.2).
(2)Notwithstanding anything in any Act any person (including any person legally exempt from serving the office of constable) who after the first day of November One thousand nine hundred and twenty-three has taken or takes the oath mentioned in section thirteen of the Unlawful Assemblies and Processions Act 1958 or any corresponding previous enactment administered by any justice or, in the case of an oath taken after the commencement of Part 6 of the Magistrates' Court Act 1989, administered by a magistrate shall be deemed to have been duly and lawfully appointed a special constable under the said Act and every such oath shall be deemed to have been duly and lawfully administered and taken.
No. 3756 s.11.
11Saving of other powers
s. 11
All powers conferred by or under this Act or by or under any instrument issued in pursuance of this Act shall be in aid and not in derogation of any other powers exercisable apart from this Act.
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SCHEDULE
Sch.
Section 2.
Number of Act /Title of Act /
Extent of Repeal
3756 / Public Safety Preservation Act 1928 / The whole
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ENDNOTES
Endnotes
1.General Information
The Public Safety Preservation Act 1958 was assented to on 30 September 1958 and came into operation on 1 April 1959: Government Gazette 18March 1959 page 893.
2.Table of Amendments
Endnotes
This Version incorporates amendments made to the Public Safety Preservation Act 1958 by Acts and subordinate instruments.
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Subordinate Legislation Act 1962, No. 6886/1962
Assent Date: / 8.5.62Commencement Date: / 1.8.62: Government Gazette 4.7.62 p. 2314
CurrentState: / All of Act in operation
Courts Amendment Act 1986, No. 16/1986
Assent Date: / 22.4.86Commencement Date: / S. 30(Sch.) on 1.7.86: Government Gazette 25.6.86 p.2180
CurrentState: / This information relates only to the provision/s amending the Public Safety Preservation Act 1958
Liquor Control Act 1987, No. 97/1987
Assent Date: / 1.12.87Commencement Date: / S. 181(12) on 3.5.88: Government Gazette 27.4.88 p.1044
CurrentState: / This information relates only to the provision/s amending the Public Safety Preservation Act 1958
Magistrates' Court (Consequential Amendments) Act 1989, No. 57/1989
Assent Date: / 14.6.89Commencement Date: / S. 4(1)(a)–(e)(2) on 1.9.89: Government Gazette 30.8.89 p. 2210; rest of Act on 1.9.90: Government Gazette 25.7.90 p.2217
CurrentState: / All of Act in operation
Statute Law Revision Act 2000, No. 74/2000
Assent Date: / 21.11.00Commencement Date: / S. 3(Sch. 1 item106) on 22.11.00: s. 2(1)
CurrentState: / This information relates only to the provision/s amending the Public Safety Preservation Act 1958
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3.Explanatory Details
Endnotes
1
[1] S. 9(1): Refer to section 5 of the Decimal Currency Act 1965, No.7315/1965.