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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Crimes Legislation Amendment Bill 2009
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purposes 1
2 Commencement 2
PART 2--AMENDMENT OF THE CRIMES ACT 1958 3
3 Sexual penetration of child under the age of 16 3
PART 3--AMENDMENT OF THE CRIMES (CONTROLLED
OPERATIONS) ACT 2004 4
4 Chief officers' reports 4
5 Annual report by Special Investigations Monitor 4
6 New section 59 inserted 4
59 Transitional provision--Crimes Legislation
Amendment Act 2009 4
PART 4--AMENDMENT OF THE EVIDENCE
(MISCELLANEOUS PROVISIONS) ACT 1958 6
7 Definitions 6
PART 5--AMENDMENT OF THE FAMILY VIOLENCE
PROTECTION ACT 2008 7
8 Expiry of Division 7
PART 6--AMENDMENT OF THE FISHERIES ACT 1995 8
9 Secretary's reports 8
10 Annual report by Special Investigations Monitor 8
11 New section 163C inserted 8
163C Transitional provision--Crimes Legislation
Amendment Act 2009 8
PART 7--AMENDMENT OF THE SENTENCING ACT 1991 9
12 Statute law revision amendment to the Sentencing Act 1991 9
561456B.I-8/12/2009 i BILL LA INTRODUCTION 8/12/2009
Clause Page
PART 8--AMENDMENT OF THE WILDLIFE ACT 1975 10
13 Secretary's reports 10
14 Annual report by Special Investigations Monitor 10
15 New section 92A inserted 10
92A Transitional provision--Crimes Legislation
Amendment Act 2009 10
PART 9--REPEAL OF AMENDING ACT 11
16 Repeal of amending Act 11
ENDNOTES 12
561456B.I-8/12/2009 ii BILL LA INTRODUCTION 8/12/2009
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Crimes Legislation Amendment Bill
2009
A Bill for an Act to amend the Crimes Act 1958 to restructure the
maximum penalties for the offence of sexual penetration of a child
under the age of 16, to amend the Crimes (Controlled Operations)
Act 2004, the Evidence (Miscellaneous Provisions) Act 1958, the
Family Violence Protection Act 2008, the Fisheries Act 1995, the
Sentencing Act 1991 and the Wildlife Act 1975 and for other
purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purposes
The purposes of this Act are--
(a) to amend the Crimes Act 1958 to restructure
5 the maximum penalties for the offence of
sexual penetration of a child under the age
of 16;
561456B.I-8/12/2009 1 BILL LA INTRODUCTION 8/12/2009
Crimes Legislation Amendment Bill 2009
Part 1--Preliminary
s. 2
(b) to amend the Crimes (Controlled
Operations) Act 2004 as to the reporting
dates required of the Special Investigations
Monitor;
5 (c) to amend the Evidence (Miscellaneous
Provisions) Act 1958 as to the definition of
a document;
(d) to amend the Family Violence Protection
Act 2008 to extend the Family Violence
10 Safety Notice sunset date;
(e) to amend the Fisheries Act 1995 as to the
reporting dates required of the Special
Investigations Monitor;
(f) to make a statute law revision amendment to
15 the Sentencing Act 1991; and
(g) to amend the Wildlife Act 1975 as to the
reporting dates required of the Special
Investigations Monitor.
2 Commencement
20 This Act comes into operation on the day after the
day on which this Act receives the Royal Assent.
__________________
561456B.I-8/12/2009 2 BILL LA INTRODUCTION 8/12/2009
Crimes Legislation Amendment Bill 2009
Part 2--Amendment of the Crimes Act 1958
s. 3
PART 2--AMENDMENT OF THE CRIMES ACT 1958
3 Sexual penetration of child under the age of 16
(1) In section 45(2)(a) of the Crimes Act 1958 for See:
Act No.
"10" substitute "12". 6231.
Reprint No. 21
5 (2) In section 45(2)(b) of the Crimes Act 1958 for as at
7 May 2009
"10" substitute "12". and
amending
(3) For section 45(2)(c) of the Crimes Act 1958 Act Nos
substitute-- 16/2004,
9/2008,
"(c) in any other case of sexual penetration of a 46/2008,
78/2008,
10 child between the ages of 12 and 16, to level 4/2009, 7/2009,
5 imprisonment (10 years maximum).". 22/2009,
25/2009,
68/2009 and
(4) In section 45(3)(a) of the Crimes Act 1958 for 69/2009.
"10" substitute "12". LawToday:
www.
(5) In section 45(4) of the Crimes Act 1958 for "10" legislation.
vic.gov.au
15 substitute "12".
__________________
561456B.I-8/12/2009 3 BILL LA INTRODUCTION 8/12/2009
Crimes Legislation Amendment Bill 2009
Part 3--Amendment of the Crimes (Controlled Operations) Act 2004
s. 4
PART 3--AMENDMENT OF THE CRIMES (CONTROLLED
OPERATIONS) ACT 2004
4 Chief officers' reports
See: In section 38(1) of the Crimes (Controlled
Act No.
5 16/2004 Operations) Act 2004 for "after 31 March and
and 30 September" substitute ", after 30 June and
amending
Act Nos 31 December but no more than 2 months after
63/2004, each date".
69/2004,
87/2005,
34/2008,
39/2008 and
45/2008.
LawToday:
www.
legislation.
vic.gov.au
5 Annual report by Special Investigations Monitor
10 In section 39(1) of the Crimes (Controlled
Operations) Act 2004 for "in relation to a law
enforcement agency must, as soon as practicable
after 30 June in each year" substitute "must, as
soon as practicable after receipt of the report of
15 30 June in each year of the Chief Officer of a law
enforcement agency".
6 New section 59 inserted
After section 58 of the Crimes (Controlled
Operations ) Act 2004 insert--
20 "59 Transitional provision--Crimes
Legislation Amendment Act 2009
The first report submitted by the Chief
Officer under section 38(1) after the
commencement of section 4 of the Crimes
25 Legislation Amendment Act 2009 must
include the information required by section
38(1) for any period in the 9 months
561456B.I-8/12/2009 4 BILL LA INTRODUCTION 8/12/2009
Crimes Legislation Amendment Bill 2009
Part 3--Amendment of the Crimes (Controlled Operations) Act 2004
s. 6
immediately preceding that commencement,
that has not previously been reported on.".
__________________
561456B.I-8/12/2009 5 BILL LA INTRODUCTION 8/12/2009
Crimes Legislation Amendment Bill 2009
Part 4--Amendment of the Evidence (Miscellaneous Provisions) Act 1958
s. 7
PART 4--AMENDMENT OF THE EVIDENCE
(MISCELLANEOUS PROVISIONS) ACT 1958
7 Definitions
See: For section 3(2) of the Evidence (Miscellaneous
Act No.
5 6246. Provisions) Act 1958 substitute--
Reprint No. 16
as at "(2) A reference in this Act to a document
1 September
2008
includes a reference to--
and
amending (a) any part of the document; or
Act Nos
24/2008, (b) any copy, reproduction or duplicate of
10 52/2008,
77/2008,
the document or of any part of the
7/2009, document; or
68/2009 and
69/2009. (c) any part of such a copy, reproduction or
LawToday:
www.
duplicate.".
legislation.
vic.gov.au
__________________
561456B.I-8/12/2009 6 BILL LA INTRODUCTION 8/12/2009
Crimes Legislation Amendment Bill 2009
Part 5--Amendment of the Family Violence Protection Act 2008
s. 8
PART 5--AMENDMENT OF THE FAMILY VIOLENCE
PROTECTION ACT 2008
8 Expiry of Division
In section 41 of the Family Violence Protection See:
Act No.
5 Act 2008 for "2" substitute "3". 52/2008
and
amending
Act Nos
51/2009,
55/2009,
68/2009 and
69/2009.
LawToday:
www.
legislation.
vic.gov.au
__________________
561456B.I-8/12/2009 7 BILL LA INTRODUCTION 8/12/2009
Crimes Legislation Amendment Bill 2009
Part 6--Amendment of the Fisheries Act 1995
s. 9
PART 6--AMENDMENT OF THE FISHERIES ACT 1995
9 Secretary's reports
See: In section 131S(1) of the Fisheries Act 1995 for
Act No.
92/1995. "after 31 March and 30 September" substitute
5 Reprint No. 6 ", after 30 June and 31 December but no more
as at
20 August than 2 months after each date".
2009
and
amending
Act Nos
87/2005,
68/2009 and
69/2009.
LawToday:
www.
legislation.
vic.gov.au
10 Annual report by Special Investigations Monitor
In section 131T(1) of the Fisheries Act 1995 for
"after 30 June in each year" substitute "after
10 receipt of the report of the Secretary of 30 June in
each year".
11 New section 163C inserted
After section 163B of the Fisheries Act 1995
insert--
15 "163C Transitional provision--Crimes
Legislation Amendment Act 2009
The first report submitted by the Secretary
under section 131S(1) after the
commencement of section 9 of the Crimes
20 Legislation Amendment Act 2009 must
include the information required by section
131S(1) for any period in the 9 months
immediately preceding that commencement,
that has not previously been reported on.".
__________________
561456B.I-8/12/2009 8 BILL LA INTRODUCTION 8/12/2009
Crimes Legislation Amendment Bill 2009
Part 7--Amendment of the Sentencing Act 1991
s. 12
PART 7--AMENDMENT OF THE SENTENCING ACT 1991
12 Statute law revision amendment to the Sentencing See:
Act No.
Act 1991 49/1991.
Reprint No. 11
(1) In section 138, where secondly occurring, as at
15 January
5 for "138" substitute "139". 2009
and
(2) In section 138, where thirdly occurring, amending
for "138" substitute "140". Act No.
22/2009.
LawToday:
www.
legislation.
vic.gov.au
__________________
561456B.I-8/12/2009 9 BILL LA INTRODUCTION 8/12/2009
Crimes Legislation Amendment Bill 2009
Part 8--Amendment of the Wildlife Act 1975
s. 13
PART 8--AMENDMENT OF THE WILDLIFE ACT 1975
13 Secretary's reports
See: In section 74O(1) of the Wildlife Act 1975 for
Act No.
8699. "after 31 March and 30 September" substitute
5 Reprint No. 8 ", after 30 June and 31 December but no more
as at
29 February than 2 months after each date".
2008
and
amending
Act Nos
16/2004,
45/2008,
40/2009 and
68/2009.
LawToday:
www.
legislation.
vic.gov.au
14 Annual report by Special Investigations Monitor
In section 74P(1) of the Wildlife Act 1975 for
"after 30 June in each year" substitute "after
10 receipt of the report of the Secretary of 30 June in
each year".
15 New section 92A inserted
After section 92 of the Wildlife Act 1975
insert--
15 "92A Transitional provision--Crimes
Legislation Amendment Act 2009
The first report submitted by the Secretary
under section 74O(1) after the
commencement of section 13 of the Crimes
20 Legislation Amendment Act 2009 must
include the information required by section
74O(1) for any period in the 9 months
immediately preceding that commencement,
that has not previously been reported on.".
__________________
561456B.I-8/12/2009 10 BILL LA INTRODUCTION 8/12/2009
Crimes Legislation Amendment Bill 2009
Part 9--Repeal of Amending Act
s. 16
PART 9--REPEAL OF AMENDING ACT
16 Repeal of amending Act
This Act is repealed 1 year after it commences.
Note
5 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).
561456B.I-8/12/2009 11 BILL LA INTRODUCTION 8/12/2009
Crimes Legislation Amendment Bill 2009
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561456B.I-8/12/2009 12 BILL LA INTRODUCTION 8/12/2009
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