Victoria Police Amendment (Validation) Act 2015

Victoria Police Amendment (Validation) Act 2015

No. 31 of 2015

table of provisions

SectionPage

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1Purpose

2Commencement

3New section 276A inserted

4Repeal of amending Act

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Endnotes

1General information

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Victoria

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Victoria Police Amendment (Validation) Act 2015[†]

No. 31 of 2015

[Assented to 11 August 2015]

Victoria Police Amendment (Validation) Act 2015
No. 31 of 2015

The Parliament of Victoriaenacts:

Victoria Police Amendment (Validation) Act 2015
No. 31 of 2015

1Purpose

The purpose of this Act is to amend the Victoria Police Act 2013 to address defects in relation to certain authorisations to operate breath analysing instruments, to carry out drug impairment assessments and to carry out oral fluid sample procedures.

2Commencement

This Act comes into operation on the day on which it receives the Royal Assent.

3New section 276A inserted

After section 276 of the Victoria Police Act 2013 insert—

"276A Validation

(1)If, on or after 1 July 2014 and before 6March 2015, a Deputy Commissioner purported to authorise—

(a)a person to operate a breath analysing instrument—

(i)under section 55(3) of the Road Safety Act 1986;or

(ii)under section 31(3) of the Marine (Drug, Alcohol and Pollution Control) Act 1988; or

(b)a police officer to carry out an assessment of drug impairment—

(i)under section 55A(3) of the Road Safety Act 1986; or

(ii)under section 31AA(3) of the Marine (Drug, Alcohol and Pollution Control) Act 1988; or

(c)a police officer to carry out the procedure for the provision of a sample of oral fluid—

(i)under section 55E(6) of the Road Safety Act 1986; or

(ii)under section 31AE(5) of the Marine (Drug, Alcohol and Pollution Control) Act 1988—

the purported authorisation has, and is taken always to have had, the same force and effect as it would have had if the authorisation had been made by the Chief Commissioner.

(2)In any proceeding under the Road Safety Act 1986 or the Marine (Drug, Alcohol and Pollution Control) Act 1988, a certificate that—

(a)purports to be signed by a Deputy Commissioner;and

(b)states that, on a particular date on or after 1 July 2014 and before 6 March 2015, a person named in the certificate was authorised under a provision referred to in subsection (1)—

has, and is taken always to have had, the same force and effect as it would have had if the certificate had been signed by the Chief Commissioner.

(3) If, on or after 1 July 2014 and before 13March 2015, a Deputy Commissioner purported to authorise—

(a)a person to operate a breath analysing instrument under section 85(7) of the Rail Safety (Local Operations) Act 2006; or

(b)a police officer to carry out an assessment of drug impairment under section 86C(1)(b) of the Rail Safety (Local Operations) Act 2006—

the purported authorisation has, and is taken always to have had, the same force and effect as it would have had if the authorisation had been made by the Chief Commissioner.

(4)In any proceeding under the Rail Safety (Local Operations) Act 2006 a certificate that—

(a)purports to be signed by a Deputy Commissioner; and

(b)states that, on a particular date on or after 1 July 2014 and before 13 March 2015, a person named in the certificate was authorised under a provision referred to in subsection (3)—

has, and is taken always to have had, the same force and effect as it would have had if the certificate had been signed by the Chief Commissioner.

(5)Any act or thing done or omitted to be done, whether under a power conferred by or under an enactment or otherwise, in reliance, directly or indirectly, on evidence obtained pursuant to an action, assessment or procedure referred to in subsection (1) or (3) is not invalid by reason only of the fact that, but for subsection (1) or (3), the person who carried out the action, assessment or procedure would not have been duly authorised.

(6) For the purposes of subsection (5), an act or thing may be done or omitted to be done before or after the commencement of the Victoria Police Amendment (Validation) Act 2015 and includes but is not limited to—

(a)a judgment or order of a court or judicial officer; and

(b)a warrant, summons or other process issued bya court or judicial officer; and

(d)anything done under the Sheriff Act 2009; and

(e)any penalty imposed, demerit points incurred, licence suspension, licence cancellation and disqualification from holding a licence.

(7) For the purposes of the prosecution of an alleged offence, the fact that, but for subsection (1), (2), (3) or (4), a person was not duly authorised or a certificate was not duly signed is to be disregarded in determining whether evidence obtained, directly or indirectly, as a result of an act, assessment or procedure carried out by that person ought to be admitted.

(8) Subject to subsection (7), this section does not limit a discretion of a court—

(a)to exclude evidence in a criminal proceeding; or

(b)to stay a criminal proceeding in the interests of justice.

(9)This section does not affect the rights of the parties in any proceeding in which a court, before the commencement of the Victoria Police Amendment (Validation) Act 2015, has made a ruling on—

(a)the validity of a purported authorisation referred to in subsection (1) or (3); or

(b)the validity of a purported certificate referred to in subsection (2) or (4); or

(c)the validity of an act or thing done or omitted to be done in reliance, directly or indirectly, on evidence obtained pursuant to an action, assessment or procedure referred to in subsection (1) or (3); or

(d)the admissibility of evidence obtained, directly or indirectly, as a result of an act, assessment or procedure carried out by a person who, but for subsection (1) or (3), was not duly authorised.".

4Repeal of amending Act

This Act is repealed on the first anniversary of its commencement.

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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Endnotes

Victoria Police Amendment (Validation) Act 2015
No. 31 of 2015

Endnotes

1General information

See for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.

[†] Minister's second reading speech—

Legislative Assembly: 27 May 2015

Legislative Council: 11 June 2015

The long title for the Bill for this Act was "A Bill for an Act to amend the Victoria Police Act 2013 and for other purposes."