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Justice Legislation Amendment (Protective Services
Officers and Other Matters) Act 2017
No. of 2017
TABLE OF PROVISIONS
Clause Page
Part 1--Preliminary 1
1 Purposes 1
2 Commencement 2
Part 2--Additional powers of protective services officers 3
Division 1--Amendment of the Children, Youth and Families
Act 2005 3
3 Definitions 3
4 New Part 8.3A inserted 3
Division 2--Amendment of the Control of Weapons Act 1990 4
5 Planned designation of search area 4
6 Unplanned designation of search area 4
7 New section 10GA inserted 5
8 Power to search vehicles 6
9 Information to be given before search occurs 6
10 Seizure of suspected weapons 7
11 Offence to obstruct or hinder search or other powers or fail to
comply with direction 7
Division 3--Amendment of the Corrections Act 1986 8
12 Definitions 8
13 Return of prisoner to prison on cancellation of parole 8
14 Arrest and detention for breach of parole order 8
Division 4--Amendment of the Crimes Act 1958 10
15 Requirement to give name and address 10
Division 5--Amendment of the Drugs, Poisons and Controlled
Substances Act 1981 11
16 Definitions 11
17 Protective services officer may exercise police powers under
this Division 11
18 New section 82A inserted 11
i
Clause Page
Division 6--Amendment of the Liquor Control Reform Act 1998 13
19 Power to serve an infringement notice 13
Part 3--Amendment of Second-Hand Dealers and Pawnbrokers
Act 1989--scrap metal 14
20 Purposes 14
21 Definitions 14
22 New sections 19A and 19B inserted 15
23 Recording transactions 16
24 Police powers generally 17
25 New Division 4 of Part 5 inserted 17
26 Service 25
27 New Part 7 inserted 25
Part 4--Police custody officer supervisors 27
Division 1--Corrections Act 1986 27
28 New definition of police custody officer supervisor inserted 27
29 Definitions 27
30 Powers limited to certain police gaols 27
31 Management of visitors in police gaols 28
32 Detained persons to give certain information 29
33 Orders to detained persons 29
34 Power to take photographs of detained persons 29
35 Offence to disobey a lawful order 29
36 Power to restrain detained persons 30
37 Search powers 31
38 Police custody officers to transport persons at
Chief Commissioner's direction 34
39 Functions and powers of police custody officers in relation to
persons they transport or supervise 34
40 Transport or supervision authorised under other enactments and
instruments 34
Division 2--Victoria Police Act 2013 35
41 New definition of police custody officer supervisor inserted 35
42 Targeted testing--police custody officers 35
43 Persons subject to random testing 35
44 Heading to Part 11A amended 35
45 New Division 1A of Part 11A inserted 36
46 Heading to Division 2 of Part 11A substituted 38
47 Duties of police custody officers 38
48 Police custody officers have powers in declared police gaols 38
49 Statute law revision 38
ii
Clause Page
Part 5--Protective services officers--in the vicinity of a designated
place 39
50 Bail Act 1977 39
51 Control of Weapons Act 1990 39
52 Crimes Act 1958 40
53 Graffiti Prevention Act 2007 40
54 Liquor Control Reform Act 1998 40
55 Magistrates' Court Act 1989 41
56 Mental Health Act 2014 41
57 Summary Offences Act 1966 41
58 Transport (Compliance and Miscellaneous) Act 1983 42
Part 6--Other miscellaneous amendments 43
59 New section 347A inserted--Children, Youth and Families
Act 2005 43
60 Ill-health retirement 44
Part 7--Repeal of amending Act 45
61 Repeal of amending Act 45
═════════════
Endnotes 46
1 General information 46
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Justice Legislation Amendment
(Protective Services Officers and Other
Matters) Act 2017
No. of 2017
[Assented to ]
The Parliament of Victoria enacts:
Part 1--Preliminary
1 Purposes
The main purposes of this Act are--
(a) to amend various Acts in relation to powers
of protective service officers on duty at
designated places; and
(b) to amend the Corrections Act 1986 to
extend to police custody officer supervisors
the powers under Part 9A of that Act in
relation to the management of visitors and
the power to direct police custody officers to
1
Justice Legislation Amendment (Protective Services Officers and Other
Matters) Act 2017
No. of 2017
Part 1--Preliminary
apply an instrument of restraint, to search the
police gaol or certain persons and to
transport persons; and
(c) to amend the Victoria Police Act 2013 to
provide for psychological fitness for duty
assessments for police officers and protective
services officers; and
(d) to amend the Victoria Police Act 2013 to
establish the role of police custody officer
supervisors in police gaols; and
(e) to amend the Children, Youth and Families
Act 2005 to facilitate transport of children
held in police custody to and from courts and
youth justice facilities; and
(f) to amend the Second-Hand Dealers and
Pawnbrokers Act 1989 to regulate
payments for scrap metal and to provide for
enforcement; and
(g) to make consequential and other technical
amendments to other Acts.
2 Commencement
(1) This Act (except Part 4 and section 60) comes into
operation on a day or days to be proclaimed.
(2) Subject to subsection (3), Part 4 and section 60
comes into operation on the day on which this Act
receives the Royal Assent.
(3) If a provision of this Act does not come into
operation before 30 May 2018, it comes into
operation on that day.
2
Justice Legislation Amendment (Protective Services Officers and Other
Matters) Act 2017
No. of 2017
Part 2--Additional powers of protective services officers
Part 2--Additional powers of protective
services officers
Division 1--Amendment of the Children,
Youth and Families Act 2005
3 Definitions
In section 3(1) of the Children, Youth and
Families Act 2005 insert the following
definition--
"designated place has the same meaning as in the
Victoria Police Act 2013;".
4 New Part 8.3A inserted
After section 598 of the Children, Youth and
Families Act 2005 insert--
"Part 8.3A--Power of protective
services officers to execute
search warrants
598A Circumstances in which a protective
services officer may apprehend a child
under a search warrant
(1) If a search warrant has been issued under a
provision of this Act specified in
subsection (3), a protective services officer
on duty at a designated place may apprehend
the child named in the search warrant if the
child is at, or in the vicinity of, the
designated place.
(2) If a protective services officer apprehends a
child under subsection (1), the protective
services officer must hand the child into the
custody of a police officer as soon as
practicable after the child is apprehended.
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Part 2--Additional powers of protective services officers
(3) For the purposes of subsection (1) the
following provisions are specified--
(a) section 237;
(b) section 241;
(c) section 243;
(d) section 247;
(e) section 261;
(f) section 268;
(g) section 269;
(h) section 270;
(i) section 313;
(j) section 314;
(k) section 598.
(4) This section applies despite the search
warrant not being directed to a named
protective services officer or generally all
protective services officers.".
Division 2--Amendment of the Control of Weapons
Act 1990
5 Planned designation of search area
In section 10D(2), (3)(a) and (5)(c) of the Control
of Weapons Act 1990, after "police officers"
insert "or protective services officers".
6 Unplanned designation of search area
In section 10E(1)(b), (3) and (4)(a) of the Control
of Weapons Act 1990, after "police officers"
insert "or protective services officers".
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Part 2--Additional powers of protective services officers
7 New section 10GA inserted
After section 10G of the Control of Weapons
Act 1990 insert--
"10GA Power to search persons in designated
area--protective services officer
(1) A protective services officer on duty at a
designated place may, without a warrant,
stop and search a person, and search any
thing in the possession of or under the
control of the person for weapons, if the
person and, if applicable, the thing are in a
public place that is within a designated area.
(2) Clauses 1, 2, 3, 4(1), 4(3), 5(1), 5(3), 5(4), 6,
11 and 12 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 police
officer were a reference to a protective
services officer; and
(b) a reference in that Schedule to a search
under section 10G were a reference to a
search under this section.
(3) A protective services officer may only
conduct a search under this section if during
the operation of the declaration police
officers are also conducting searches in the
designated area.
(4) A protective services officer must conduct
the least invasive search that is practicable in
the circumstances.
(5) A protective services officer may detain a
person for so long as is reasonably necessary
to conduct a search under this section.".
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Part 2--Additional powers of protective services officers
8 Power to search vehicles
(1) In section 10H(1) of the Control of Weapons
Act 1990, after "police officer" insert "or a
protective services officer on duty at a designated
place".
(2) In section 10H(2) of the Control of Weapons
Act 1990, after "police officer" insert
"or protective services officer".
9 Information to be given before search occurs
(1) After section 10I(1) of the Control of Weapons
Act 1990 insert--
"(1A) When a protective services officer detains
a person or a vehicle under section 10GA
or 10H to conduct a search, the protective
services officer must--
(a) if requested by the person, inform the
person to be searched or a person in or
on the vehicle, as the case requires, of
the protective services officer's name,
rank and place of duty; and
(b) if requested by the person, provide the
information referred to in paragraph (a)
in writing; and
(c) produce the officer's identification for
inspection by the person, unless the
protective services officer is in
uniform; and
(d) inform the person that the protective
services officer intends to search
the person or the vehicle (as the
case requires) for weapons and is
empowered to do so under this Act; and
(e) give the person a search notice that
complies with subsection (3).".
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Part 2--Additional powers of protective services officers
(2) In section 10I(2) of the Control of Weapons
Act 1990, for "Subsection (1)(e) does" substitute
"Subsections (1)(e) and (1A)(e) do".
(3) In section 10I(3)(c) of the Control of Weapons
Act 1990, after "police officers" insert
"and protective services officers on duty at a
designated place".
(4) In section 10I(3)(d) of the Control of Weapons
Act 1990, after "police officer" insert "or a
protective services officer on duty at a designated
place".
10 Seizure of suspected weapons
(1) After section 10J(1) of the Control of Weapons
Act 1990 insert--
"(1A) A protective services officer may seize and
detain any item detected during a search
under section 10GA or 10H that the
protective services officer reasonably
suspects is a weapon.".
(2) In section 10J(2) of the Control of Weapons
Act 1990, after "police officer" (where twice
occurring) insert "or protective services officer".
11 Offence to obstruct or hinder search or other
powers or fail to comply with direction
At the end of section 10L of the Control of
Weapons Act 1990 insert--
"(3) A person must not, without reasonable
excuse, obstruct or hinder a protective
services officer in the exercise of a power
under section 10AA, 10GA, 10H or 10J to
stop and search a person or vehicle or to
seize and detain a thing.".
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Part 2--Additional powers of protective services officers
Division 3--Amendment of the Corrections
Act 1986
12 Definitions
In section 3(1) of the Corrections Act 1986
insert the following definitions--
"designated place has the same meaning as in the
Victoria Police Act 2013;
protective services officer has the same meaning
as in the Victoria Police Act 2013;".
13 Return of prisoner to prison on cancellation of
parole
After section 77B(1) of the Corrections Act 1986
insert--
"(1A) Under a warrant issued pursuant to
subsection (1)(a), a protective services
officer on duty at a designated place may
arrest the prisoner if the prisoner is at or in
the vicinity of the designated place.
(1B) If a protective services officer arrests a
prisoner under subsection (1A), the
protective services officer must hand the
prisoner into the custody of a police officer
as soon as practicable after the prisoner is
arrested.
(1C) Subsection (1A) applies despite the warrant
not being directed to a named protective
services officer or generally all protective
services officers.".
14 Arrest and detention for breach of parole order
(1) In section 78B(1) of the Corrections Act 1986,
after "police officer" insert "or a protective
services officer on duty at a designated place".
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Part 2--Additional powers of protective services officers
(2) After section 78B(1) of the Corrections Act 1986
insert--
"(1A) If a protective services officer arrests a
prisoner under subsection (1), the protective
services officer must hand the prisoner into
the custody of a police officer as soon as
practicable after the prisoner is arrested.".
(3) In section 78B(2) of the Corrections Act 1986--
(a) after "police officer" (where first occurring)
insert "or a protective services officer on
duty at a designated place";
(b) after "arrested the prisoner" insert
"or received custody of the prisoner
from a protective services officer".
(4) In section 78B(3) of the Corrections Act 1986,
after "police officer" insert "or a protective
services officer on duty at a designated place".
(5) In section 78B(4) of the Corrections Act 1986,
after "arrested the prisoner" insert "or received
custody of the prisoner from a protective services
officer".
(6) After section 78B(4) of the Corrections Act 1986
insert--
"(4A) A protective services officer may only
exercise the power to arrest without warrant
under this section in relation to a person who
is at, or in the vicinity of, a designated
place.".
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Part 2--Additional powers of protective services officers
Division 4--Amendment of the Crimes Act 1958
15 Requirement to give name and address
(1) In section 456AA(1) of the Crimes Act 1958--
(a) after "a police officer" insert "or a protective
services officer on duty at a designated
place";
(b) after "the police officer" insert "or the
protective services officer".
(2) In section 456AA(2) of the Crimes Act 1958,
after "police officer" insert "or a protective
services officer".
(3) In section 456AA(3) of the Crimes Act 1958,
after "police officer" insert "or a protective
services officer".
(4) In section 456AA(4) of the Crimes Act 1958--
(a) after "police officer" insert "or a protective
services officer";
(b) for "member" substitute "officer".
(5) In section 456AA(5) of the Crimes Act 1958,
after "police officer" insert "or a protective
services officer".
(6) In section 456AA(5)(c) of the Crimes Act 1958,
after "police officer's" insert "or the protective
services officer's".
(7) After section 456AA(5) of the Crimes Act 1958
insert--
"(6) A protective services officer may only
exercise the power under this section in
relation to a person who is at, or in the
vicinity of, a designated place.
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Part 2--Additional powers of protective services officers
(7) In this section--
designated place has the same meaning as in
the Victoria Police Act 2013.".
Division 5--Amendment of the Drugs, Poisons and
Controlled Substances Act 1981
16 Definitions
In section 4(1) of the Drugs, Poisons and
Controlled Substances Act 1981 insert the
following definition--
"designated place has the same meaning as in the
Victoria Police Act 2013;".
17 Protective services officer may exercise police
powers under this Division
Section 60BA(7) of the Drugs, Poisons and
Controlled Substances Act 1981 is repealed.
18 New section 82A inserted
After section 82 of the Drugs, Poisons and
Controlled Substances Act 1981 insert--
"82A Protective services officer may exercise
police powers under section 82 to search
without warrant
(1) Subject to subsection (3), a protective
services officer on duty at a designated place
may exercise all the powers and has all the
duties given to or imposed on a police officer
under section 82 other than--
(a) the power to search a boat, vessel or
aircraft; and
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Part 2--Additional powers of protective services officers
(b) subject to subsection (4)--
(i) the power to carry away any
instrument, device or substance
under section 82(1)(g) or (2)(g);
and
(ii) the power to carry away any drug
of dependence or psychoactive
substance under section 82(1)(h)
or (2)(h).
(2) Any reference in section 82 to an action
taken by a police officer includes any
action taken by a protective services officer
on duty at a designated place exercising the
powers of a police officer in reliance on
subsection (1).
(3) A protective services officer on duty at a
designated place may only exercise the
powers under section 82 in relation to a
person who is at, or in the vicinity of, a
designated place.
(4) If, in the course of a search under section 82,
a protective services officer on duty at a
designated place seizes any instrument,
device or substance under section 82(1)(g)
or (2)(g), or any drug of dependence
or psychoactive substance under
section 82(1)(h) or (2)(h)--
(a) the protective services officer, as soon
as practicable after that seizure, must
give the instrument, device, substance,
drug of dependence or psychoactive
substance to a police officer; and
(b) the police officer must deal with that
instrument, device, substance, drug of
dependence or psychoactive substance
according to law as if it had been seized
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Part 2--Additional powers of protective services officers
by that police officer under
section 82.".
Division 6--Amendment of the Liquor Control
Reform Act 1998
19 Power to serve an infringement notice
In section 141(1AB) of the Liquor Control
Reform Act 1998, after "against section"
insert "119(3) or".
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Part 3--Amendment of Second-Hand Dealers and Pawnbrokers Act 1989--
scrap metal
Part 3--Amendment of Second-Hand
Dealers and Pawnbrokers Act 1989--
scrap metal
20 Purposes
(1) In section 1(c) of the Second-Hand Dealers and
Pawnbrokers Act 1989, for "pawnbrokers."
substitute "pawnbrokers; and".
(2) After section 1(c) of the Second-Hand Dealers
and Pawnbrokers Act 1989 insert--
"(d) to prevent and disrupt criminal activity in the
dealing of scrap metal.".
21 Definitions
In section 3(1) of the Second-Hand Dealers and
Pawnbrokers Act 1989--
(a) insert the following definitions--
"e-currency has the same meaning as in the
Anti-Money Laundering and Counter-
Terrorism Financing Act 2006 of the
Commonwealth;
motor vehicle means--
(a) a motor vehicle within the
meaning of the Road Safety
Act 1986, whether or not in
working condition or complete; or
(b) the body, engine or chassis of a
motor vehicle;
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Part 3--Amendment of Second-Hand Dealers and Pawnbrokers Act 1989--
scrap metal
scrap metal means any thing of commercial
value that--
(a) is made from or contains metal;
and
(b) is sold or obtained as scrap for
recycling or reprocessing of the
metal--
but does not include any thing
prescribed not to be scrap metal;
vehicle identifier has the same meaning as in
the Road Safety Act 1986.";
(b) in the definition of Tribunal, for "1998."
substitute "1998;".
22 New sections 19A and 19B inserted
After section 19 of the Second-Hand Dealers
and Pawnbrokers Act 1989 insert--
"19A Payment for scrap metal
(1) A second-hand dealer who buys or sells
scrap metal must not pay for or receive
payment for scrap metal in cash.
Penalty: 200 penalty units.
(2) A second-hand dealer who buys or sells
scrap metal must pay for or receive payment
for scrap metal by--
(a) a cheque which is not transferable or
payable to cash; or
(b) an electronic transfer of funds which
does not involve e-currency; or
(c) any other prescribed form of payment.
Penalty: 200 penalty units.
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Part 3--Amendment of Second-Hand Dealers and Pawnbrokers Act 1989--
scrap metal
19B Prohibition on buying, disposing of or
possessing unidentified motor vehicles
(1) A second-hand dealer must not buy scrap
metal that consists of a motor vehicle if
the vehicle identifier has been removed,
obliterated, defaced or altered.
Penalty: 200 penalty units.
(2) A second-hand dealer must not sell or
otherwise dispose of scrap metal that
consists of a motor vehicle if the vehicle
identifier has been removed, obliterated,
defaced or altered unless authorised to do
so by a police officer in writing.
Penalty: 200 penalty units.
(3) A second-hand dealer must not possess
scrap metal that consists of a motor vehicle
if the vehicle identifier has been removed,
obliterated, defaced or altered unless
authorised to do so by a police officer in
writing.
Penalty: 200 penalty units.".
23 Recording transactions
At the end of section 20 of the Second-Hand
Dealers and Pawnbrokers Act 1989 insert--
"(2) A second-hand dealer must keep, in the
prescribed form and containing the
prescribed information, accurate and
complete records of every transaction,
whether conducted on the business premises
or elsewhere, by which the dealer receives
or disposes of scrap metal.
Penalty: 20 penalty units.".
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Part 3--Amendment of Second-Hand Dealers and Pawnbrokers Act 1989--
scrap metal
24 Police powers generally
After section 25(1) of the Second-Hand Dealers
and Pawnbrokers Act 1989 insert--
"(1A) In addition to subsection (1), a police officer
may, without warrant, enter business
premises or storage premises occupied by
or under the control of a second-hand dealer
and may inspect the premises or any goods at
the premises, when--
(a) a business of dealing in scrap metal is
being carried on at the premises; or
(b) the police officer reasonably believes
that a business of dealing in scrap metal
is being carried on at the premises.".
25 New Division 4 of Part 5 inserted
After section 26ZF of the Second-Hand Dealers
and Pawnbrokers Act 1989 insert--
"Division 4--Enforcement--
second-hand dealers
26ZG Search warrants
(1) A police officer may apply to a magistrate
for the issue of a search warrant in relation
to particular premises for the purpose of
monitoring compliance with this Act or the
regulations in relation to second-hand
dealers.
(2) If a magistrate is satisfied by the evidence,
on oath or by affirmation or by affidavit,
of the police officer that the warrant is
necessary for the purpose of monitoring
compliance with this Act or the regulations
in relation to second-hand dealers, the
magistrate may issue a search warrant, in
accordance with the Magistrates' Court
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Part 3--Amendment of Second-Hand Dealers and Pawnbrokers Act 1989--
scrap metal
Act 1989, authorising a police officer named
in the warrant, together with any other
person or persons named or otherwise
identified in the warrant and with any
necessary equipment--
(a) to enter the premises specified in the
warrant, if necessary by force; and
(b) to do all or any of the following--
(i) search for;
(ii) seize;
(iii) secure against interference;
(iv) examine and inspect;
(v) make copies of or take extracts
from--
a thing or things of a particular kind
named or described in the warrant and
which the police officer believes, on
reasonable grounds, to be connected
with a contravention of this Act or the
regulations in relation to second-hand
dealers.
(3) A search warrant issued under this section
must state--
(a) the purpose for which the search is
required; and
(b) any conditions to which the warrant is
subject; and
(c) whether entry is authorised to be made
at any time of the day or night or during
stated hours of the day or night; and
(d) a day, not later than 28 days after the
issue of the warrant, on which the
warrant ceases to have effect.
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(4) Except as provided by this Act, the rules to
be observed with respect to search warrants
under the Magistrates' Court Act 1989
extend and apply to warrants under this
section.
26ZH Announcement before entry
(1) On executing a search warrant, the police
officer executing the warrant--
(a) must announce that the police officer is
authorised by the warrant to enter the
premises; and
(b) if the police officer has been unable to
obtain unforced entry, must give any
person at the premises an opportunity
to allow entry to the premises.
(2) A police officer need not comply with
subsection (1) if the police officer believes
on reasonable grounds that immediate entry
to the premises is required to ensure--
(a) the safety of any person; or
(b) that the effective execution of the
search warrant is not frustrated.
26ZI Details of warrant to be given to occupier
(1) If the occupier is present at premises where a
search warrant is being executed, the police
officer must--
(a) identify the police officer to the
occupier; and
(b) give to the occupier a copy of the
warrant.
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(2) If the occupier is not present at premises
where a search warrant is being executed, the
police officer must--
(a) identify the police officer to a person
(if any) at the premises; and
(b) give to the person a copy of the
warrant.
26ZJ Seizure of things not mentioned in the
warrant
A search warrant under section 26ZG
authorises a police officer executing the
search warrant, in addition to the seizure
of any thing of the kind described in the
warrant, to seize or take a sample of any
thing which is not of the kind described in
the warrant if--
(a) the police officer believes, on
reasonable grounds, that the thing is
of a kind which could have been
included in a search warrant issued
under this Division; and
(b) in the case of seizure, the police
officer believes, on reasonable grounds,
that it is necessary to seize that thing
in order to prevent its concealment,
loss or destruction or its use in the
contravention of this Act.
26ZK Embargo notice
(1) A police officer executing a search warrant
under section 26ZG who is authorised by
that warrant to seize any thing may, if the
thing cannot, or cannot readily, be physically
seized and removed, issue an embargo notice
in the prescribed form--
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(a) by causing a copy of the notice to be
served on the occupier; or
(b) if the occupier cannot be located after
all reasonable steps have been taken to
do so, by affixing a copy of the notice
to the thing in a prominent position.
(2) A person who knows that an embargo notice
relates to a thing and who--
(a) sells; or
(b) leases; or
(c) without the written consent of the
police officer who issued the embargo
notice, moves; or
(d) transfers; or
(e) otherwise deals with--
the thing or any part of the thing is guilty of
an offence and liable to a penalty not
exceeding 50 penalty units.
(3) It is a defence to a prosecution for an offence
against subsection (2) to prove that the
accused moved the thing or the part of the
thing for the purpose of protecting and
preserving it.
(4) Despite anything in any other Act, a sale,
lease, transfer or other dealing with a thing in
contravention of this section is void.
26ZL Copies of seized documents
(1) If a police officer retains possession of a
document taken or seized from a person
under this Division, the police officer must
give the person, within 21 days of the
seizure, a copy of the document certified
as correct by the police officer.
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(2) A copy of a document certified under
subsection (1) shall be received in all courts
and tribunals to be evidence of equal validity
to the original.
26ZM Retention and return of seized documents
or things
(1) If a police officer seizes a document or other
thing under this Division, the police officer
must take reasonable steps to return the
document or thing to the person from whom
it was seized if the reason for its seizure no
longer exists.
(2) If the document or thing seized has not been
returned within 3 months after it was seized,
the police officer must take reasonable steps
to return it unless--
(a) proceedings for the purpose for which
the document or thing was retained
have commenced within that 3 month
period and those proceedings (including
any appeal) have not been completed;
or
(b) the Magistrates' Court makes an order
under section 26ZN extending the
period during which the document or
thing may be retained.
26ZN Magistrates' Court may extend 3 month
period
(1) A police officer may apply to the
Magistrates' Court--
(a) within 3 months after seizing a
document or other thing under this
Division; or
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(b) if an extension has been granted under
this section, before the end of the
period of the extension--
for an extension not exceeding 3 months of
the period for which the police officer may
retain the document or thing but so that the
total period of retention does not exceed
12 months.
(2) The Magistrates' Court may order such an
extension if it is satisfied that the total period
of retention does not exceed 12 months and
retention of the document or other thing is
necessary--
(a) for the purposes of an investigation into
whether a contravention of this Act or
the regulations has occurred; or
(b) to enable evidence of a contravention
of this Act or the regulations to be
obtained for the purposes of a
proceeding under this Act.
(3) The Magistrates' Court may adjourn an
application to enable notice of the
application to be given to any person.
26ZO Requirement to assist police officer during
entry
To the extent that it is reasonably necessary
to determine compliance with this Act or
the regulations, a police officer exercising a
power of entry under this Division pursuant
to a search warrant under section 26ZG who
produces identification for inspection by
the occupier of the premises or an agent or
employee of the occupier may require that
person--
(a) to give information to the police
officer, orally or in writing; and
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(b) to produce documents to the police
officer; and
(c) to give reasonable assistance to the
police officer.
26ZP Refusal or failure to comply with
requirement
A person must not refuse or fail, without
reasonable excuse, to comply with a
requirement of a police officer under this
Division.
Penalty: 50 penalty units.
26ZQ Rule against self-incrimination does not
apply
(1) A person is not excused from answering a
question or producing a document under this
Division on the ground that the answer or
document might tend to incriminate the
person.
(2) If the person claims, before answering a
question, that the answer might tend to
incriminate the person, the answer is not
admissible in evidence in any criminal
proceedings, other than in proceedings in
respect of the falsity of the answer.
26ZR Offence to give false or misleading
information
A person must not--
(a) give information to a police officer
under this Division that the person
believes to be false or misleading in
any material particular; or
(b) produce a document to a police officer
under this Division that the person
knows to be false or misleading in a
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material particular without indicating
the respect in which it is false or
misleading and, if practicable,
providing correct information.
Penalty: 50 penalty units.
26ZS Service of documents
(1) A written requirement by a police officer
under this Division may be given personally
or by registered post to a person--
(a) at the last known place of business,
employment or residence of the person;
or
(b) in the case of a body corporate, at the
registered office of the body corporate.
(2) A person who provides a document or
information in response to a requirement of a
police officer under this Division may send
that document or information to the police
officer by registered post.".
26 Service
In section 27(1) of the Second-Hand Dealers and
Pawnbrokers Act 1989, for "and 26Y" substitute
", 26Y and 26ZS".
27 New Part 7 inserted
After Part 6 of the Second-Hand Dealers and
Pawnbrokers Act 1989 insert--
"Part 7--Transitional provisions
32 Justice Legislation Amendment
(Protective Services Officers and Other
Matters) Act 2017
Section 19B(2) and (3) as inserted by
section 22 of the Justice Legislation
Amendment (Protective Services Officers
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and Other Matters) Act 2017 applies
to scrap metal that consists of a motor
vehicle if that scrap metal comes into the
possession of the second-hand dealer after
the commencement of section 22 of that
Act.".
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Justice Legislation Amendment (Protective Services Officers and Other
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No. of 2017
Part 4--Police custody officer supervisors
Part 4--Police custody officer supervisors
Division 1--Corrections Act 1986
28 New definition of police custody officer supervisor
inserted
In section 3(1) of the Corrections Act 1986
insert the following definition--
"police custody officer supervisor has the same
meaning as in the Victoria Police
Act 2013;".
29 Definitions
In section 104A of the Corrections Act 1986, for
the definition of officer in charge substitute--
"officer in charge, in relation to a police gaol,
means the police officer who is for the time
being--
(a) in charge of the police gaol; and
(b) authorised to direct police custody
officer supervisors and police custody
officers in the performance of their
functions, duties and powers.".
30 Powers limited to certain police gaols
In section 104AB of the Corrections Act 1986--
(a) for "A police custody officer" substitute
"A police custody officer supervisor and a
police custody officer";
(b) for "police custody officers" substitute
"police custody officer supervisors and
police custody officers".
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31 Management of visitors in police gaols
(1) In section 104AC(1) of the Corrections
Act 1986, after "the officer in charge of a
police gaol" insert "or a police custody officer
supervisor".
(2) In section 104AC(2) of the Corrections
Act 1986, after "the officer in charge of a
police gaol" insert "or a police custody officer
supervisor (as the case requires)".
(3) In section 104AC(3) of the Corrections
Act 1986, after "the officer in charge of the
police gaol" insert "or a police custody officer
supervisor (as the case requires)".
(4) In section 104AC(9) of the Corrections
Act 1986--
(a) after "The officer in charge of a police gaol"
insert "or a police custody officer
supervisor";
(b) after "the officer in charge" insert "or the
police custody officer supervisor (as the case
requires)".
(5) After section 104AC(10) of the Corrections
Act 1986 insert--
"(11) The officer in charge of a police gaol may
overturn either of the following decisions
and decide the matter--
(a) a decision of a police custody officer
supervisor to grant, or not to grant,
permission to enter the police gaol and
visit a detained person;
(b) an order to leave the police gaol made
by a police custody officer supervisor
under subsection (9).".
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32 Detained persons to give certain information
In section 104AD(1) of the Corrections
Act 1986, for "or police custody officer"
substitute ", a police custody officer supervisor
or a police custody officer".
33 Orders to detained persons
In section 104AE of the Corrections Act 1986--
(a) for "or police custody officer may"
substitute ", a police custody officer
supervisor or a police custody officer may";
(b) for "or police custody officer believes"
substitute ", the police custody officer
supervisor or the police custody officer
believes".
34 Power to take photographs of detained persons
(1) In section 104AF(1) of the Corrections Act 1986,
for "or a police custody officer" substitute
", a police custody officer supervisor or a police
custody officer".
(2) In section 104AF(3) of the Corrections Act 1986,
for "or police custody officer" substitute
", a police custody officer supervisor or a police
custody officer".
35 Offence to disobey a lawful order
In section 104AG of the Corrections Act 1986,
for "or police custody officer" substitute
", a police custody officer supervisor or a police
custody officer".
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36 Power to restrain detained persons
(1) In section 104AH(1) of the Corrections
Act 1986--
(a) for "or police custody officer" substitute
", a police custody officer supervisor or a
police custody officer";
(b) in paragraph (b), for "a police custody
officer" substitute "a police custody officer
supervisor or a police custody officer".
(2) After section 104AH(1) of the Corrections
Act 1986 insert--
"(1A) A police custody officer supervisor may
apply, or authorise a police custody officer
to apply, an instrument of restraint to a
detained person if the police custody officer
supervisor believes on reasonable grounds
that--
(a) in the case of a person being moved
under escort from one place to another
within a police gaol, the restraint is
necessary to ensure the secure transfer
of the person; or
(b) in any case, exceptional circumstances
exist and the restraint is necessary to
prevent an assault on, or injury to, any
person, or substantial damage to
property.".
(3) For section 104AH(2) of the Corrections
Act 1986 substitute--
"(2) A police officer applying an instrument of
restraint in accordance with subsection (1)
or a police custody officer supervisor or a
police custody officer applying an instrument
of restraint in accordance with subsection (1)
or (1A) must do so in the manner for the
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time being determined by the Chief
Commissioner.".
(4) After section 104AH(2) of the Corrections
Act 1986 insert--
"(3) The officer in charge of a police gaol may
overturn a decision of a police custody
officer supervisor under subsection (1A)
and decide the matter.".
37 Search powers
(1) For section 104C(1) of the Corrections Act 1986
substitute--
"(1) For the good order or security of a police
gaol or detained persons--
(a) the officer in charge of the police gaol
may, at any time--
(i) exercise any of the powers under
subsection (1A) or (1B); or
(ii) order a police custody officer
supervisor to exercise any of the
powers under subsection (1A)
or (1B); or
(iii) order a police officer or a police
custody officer to exercise any of
the powers under subsection (1A)
or (1B); or
(b) a police custody officer supervisor may,
at any time--
(i) exercise any of the powers under
subsection (1A); or
(ii) order a police custody officer to
exercise any of the powers under
subsection (1A).
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(1A) In conducting a search under subsection (1),
the officer in charge of a police gaol, a police
custody officer supervisor, a police officer or
a police custody officer may--
(a) search any part of the police gaol; or
(b) search and examine any charged
person, a visitor to the police gaol,
a police custody officer or any other
person in the police gaol (other than a
police officer); or
(c) search and examine any thing in the
police gaol or held by Victoria Police
on behalf of a detained person; or
(d) as well as the formal search required by
section 104B, require a person wishing
to enter a police gaol to submit to a
search and examination of the person
and of any thing in the person's
possession or under the person's
control; or
(e) conduct any search under paragraph (a),
(b), (c) or (d) at random.
(1B) In conducting a search under subsection
(1)(a), the officer in charge of a police gaol,
a police custody officer supervisor, a police
officer or a police custody officer may--
(a) search and examine a police officer; or
(b) conduct a search under paragraph (a) at
random.".
(2) In section 104C(2) of the Corrections Act 1986,
for "Subsections (1)(b) and (1)(d)" substitute
"Subsection (1A)(b) and (c)".
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(3) In section 104C(3) of the Corrections Act 1986,
for "or police custody officer" substitute
", a police custody officer supervisor or a police
custody officer".
(4) After section 104C(3) of the Corrections
Act 1986 insert--
"(3A) A police custody officer supervisor may
search or examine or order a police custody
officer to search or examine a detained
person (other than a charged person) if the
police custody officer supervisor believes on
reasonable grounds that the search or
examination is necessary--
(a) for the security or good order of the
police gaol; or
(b) for the safety of persons at the police
gaol (whether in custody or not); or
(c) to locate a weapon, or any thing that
may be used in the escape of a person
from a police gaol; or
(d) to locate any thing connected with, or
affording evidence of, the commission
of the offence for which the person is
detained in the police gaol.".
(5) In section 104C(4) of the Corrections Act 1986,
after "the officer in charge of the police gaol"
insert "or a police custody officer supervisor
(as the case requires)".
(6) In section 104C(6) of the Corrections Act 1986,
after "The officer in charge of a police gaol"
insert "or a police custody officer supervisor
(as the case requires)".
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(7) After section 104C(6) of the Corrections
Act 1986 insert--
"(7) The officer in charge of a police gaol may
overturn a decision of a police custody
officer supervisor under subsection (1)(b)
or (3A) and decide the matter.".
38 Police custody officers to transport persons at
Chief Commissioner's direction
(1) In section 104DA(1) of the Corrections
Act 1986, after "The Chief Commissioner" insert
"or a police custody officer supervisor, subject to
the direction of the Chief Commissioner,".
(2) In section 104DA(2) and (3) of the Corrections
Act 1986, after "the Chief Commissioner" insert
"or a police custody officer supervisor (as the case
requires)".
39 Functions and powers of police custody officers in
relation to persons they transport or supervise
(1) In section 104DB(1)(f) of the Corrections
Act 1986, after "the Chief Commissioner" insert
"or a police custody officer supervisor".
(2) In section 104DB(2)(d) of the Corrections
Act 1986, after "the Chief Commissioner" insert
"or a police custody officer supervisor".
40 Transport or supervision authorised under other
enactments and instruments
In section 104DC(1) of the Corrections
Act 1986, after "the Chief Commissioner" insert
"or a police custody officer supervisor".
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Justice Legislation Amendment (Protective Services Officers and Other
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Part 4--Police custody officer supervisors
Division 2--Victoria Police Act 2013
41 New definition of police custody officer supervisor
inserted
In section 3(1) of the Victoria Police Act 2013
insert the following definition--
"police custody officer supervisor means a
Victoria Police employee authorised to act
as a police custody officer supervisor under
section 200AC;".
42 Targeted testing--police custody officers
(1) In the heading to section 89A of the Victoria
Police Act 2013, before "police" insert
"police custody officer supervisors and".
(2) In section 89A(1) of the Victoria Police
Act 2013, after "applies to" insert "police custody
officer supervisors and".
43 Persons subject to random testing
In section 94(2) of the Victoria Police Act 2013,
after "applies to" insert "police custody officer
supervisors and".
44 Heading to Part 11A amended
In the heading to Part 11A of the Victoria Police
Act 2013, for "Police" substitute "Police custody
officer supervisors and police".
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Part 4--Police custody officer supervisors
45 New Division 1A of Part 11A inserted
After Division 1 of Part 11A of the Victoria
Police Act 2013 insert--
"Division 1A--Duties and authorisation
of police custody officer supervisors
200AB Duties of police custody officer
supervisors
(1) A police custody officer supervisor has the
following duties--
(a) to supervise police custody officers at
a police gaol and at other locations in
accordance with this Act and the
Corrections Act 1986;
(b) to perform administrative functions
relevant to the management and
organisation of police custody officers;
(c) to make certain decisions in accordance
with Part 9A of the Corrections
Act 1986.
(2) In addition to subsection (1), a police
custody officer supervisor has all the
functions, duties and powers of a police
custody officer referred to in--
(a) this Part; and
(b) Part 9A of the Corrections Act 1986;
and
(c) the Court Security Act 1980; and
(d) the Crimes Act 1958; and
(e) the Road Safety Act 1986; and
(f) the Sentencing Act 1991.
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200AC Authorisation of police custody officer
supervisors
(1) The Chief Commissioner, by instrument,
may authorise a Victoria Police employee to
act as a police custody officer supervisor.
(2) An authorisation may be given subject to any
conditions or limitations that are stated in it.
200AD Scope of authorisation may be limited
(1) Without limiting section 200AC(2), the
Chief Commissioner may at any time
limit the scope of an authorisation given
to a Victoria Police employee under
section 200AC by--
(a) specifying that the Victoria Police
employee may exercise specified
powers under the authorisation; or
(b) specifying that the Victoria Police
employee may not exercise specified
powers under the authorisation.
(2) If the Chief Commissioner limits the scope
of a Victoria Police employee's
authorisation, the Chief Commissioner must
give the Victoria Police employee written
notice of the limitations that apply to the
authorisation.
(3) A limitation on a Victoria Police employee's
authorisation under this section takes effect
when the Victoria Police employee receives
the notice of the limitation required by
subsection (2).
200AE Variation, suspension and revocation of
authorisation
The Chief Commissioner, by instrument,
may vary, suspend or revoke an authorisation
under section 200AC at any time.".
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Part 4--Police custody officer supervisors
46 Heading to Division 2 of Part 11A substituted
For the heading to Division 2 of Part 11A of the
Victoria Police Act 2013 substitute--
"Division 2--Duties and authorisation of
police custody officers".
47 Duties of police custody officers
In section 200B of the Victoria Police
Act 2013--
(a) in paragraph (a), for "management and
operation of police gaols and police stations"
substitute "operation of police gaols and to
provide administrative support at police
stations";
(b) in paragraph (c), after "duties" insert "that
are required for the purposes of paragraph (a)
or (b) as".
48 Police custody officers have powers in declared
police gaols
(1) In the heading to section 200C of the Victoria
Police Act 2013, for "Police custody officers"
substitute "Police custody officer supervisors
and police custody officers".
(2) In section 200C of the Victoria Police
Act 2013--
(a) for "police custody officers" substitute
"police custody officer supervisors and
police custody officers";
(b) omit "Divisions 2 and 3 of".
49 Statute law revision
In section 200M(2)(b)(i) of the Victoria Police
Act 2013, for "policy custody officer" substitute
"police custody officer".
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Justice Legislation Amendment (Protective Services Officers and Other
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No. of 2017
Part 5--Protective services officers--in the vicinity of a designated place
Part 5--Protective services officers--
in the vicinity of a designated place
50 Bail Act 1977
After section 24(1A) of the Bail Act 1977
insert--
"(1B) A protective services officer may only
exercise the power to arrest without warrant
under this section in relation to a person who
is at, or in the vicinity of, a designated
place.".
51 Control of Weapons Act 1990
After section 4 of the Control of Weapons
Act 1990 insert--
"4A Application of powers conferred on
protective services officers under this Act
(1) Subject to subsection (2), a protective
services officer may only exercise the
powers under this Act in relation to a person
who is at, or in the vicinity of, a designated
place.
(2) A protective services officer may only
exercise the power under section 11B in
relation to a person who was at, or in the
vicinity of, a designated place at the time
of the alleged offence.
(3) A protective services officer may only
exercise a power conferred by this Act
in relation to a designated area if that
designated area overlaps with, or is in
the vicinity of, a designated place.".
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Part 5--Protective services officers--in the vicinity of a designated place
52 Crimes Act 1958
After section 459(2) of the Crimes Act 1958
insert--
"(2A) A protective services officer may only
exercise the power to apprehend without
warrant under this section in relation to a
person who is at, or in the vicinity of, a
designated place.".
53 Graffiti Prevention Act 2007
(1) After section 11(1A) of the Graffiti Prevention
Act 2007 insert--
"(1B) A protective services officer may only
exercise the power to serve an infringement
notice under this section in relation to a
person who was at or in the vicinity of a
designated place at the time of the alleged
offence.".
(2) After section 13(4) of the Graffiti Prevention
Act 2007 insert--
"(5) A protective services officer may only
exercise any power under this section in
relation to a person, or vehicle, package or
thing in the possession of the person who is
at or in the vicinity of a designated place.".
54 Liquor Control Reform Act 1998
(1) Before section 126 of the Liquor Control
Reform Act 1998 insert--
"125A Application of powers conferred on
protective services officers under this
Division
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.".
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Part 5--Protective services officers--in the vicinity of a designated place
(2) After section 141(1AB) of the Liquor Control
Reform Act 1998 insert--
"(1AC) A protective services officer may only
exercise the power to serve an infringement
notice under this section in relation to a
person who was at, or in the vicinity of, a
designated place at the time of the alleged
offence.".
55 Magistrates' Court Act 1989
After section 65(1A) of the Magistrates' Court
Act 1989 insert--
"(1B) A protective services officer may only
exercise the power to arrest under this
section in relation to a person who is at,
or in the vicinity of, a designated place.".
56 Mental Health Act 2014
After section 351(4A) of the Mental Health
Act 2014 insert--
"(4B) A protective services officer may only
exercise the power to apprehend under this
section in relation to a person who is at,
or in the vicinity of, a designated place.".
57 Summary Offences Act 1966
(1) After section 6(4) of the Summary Offences
Act 1966 insert--
"(4A) A protective services officer may only
exercise the power to give a direction under
this section in relation to a person who is at a
public place that is at, or in the vicinity of, a
designated place.".
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Part 5--Protective services officers--in the vicinity of a designated place
(2) After section 60AA(1B) of the Summary
Offences Act 1966 insert--
"(1C) A protective services officer may only
exercise the power to serve an infringement
notice under this section in relation to a
person who was at or in the vicinity of a
designated place at the time of the alleged
offence.".
58 Transport (Compliance and Miscellaneous)
Act 1983
(1) In the heading to Division 1 of Part VII of the
Transport (Compliance and Miscellaneous)
Act 1983, after "Interpretations" insert
"and application".
(2) After section 208 of the Transport (Compliance
and Miscellaneous) Act 1983 insert--
"208A Application of powers conferred on
protective services officers under this Part
(1) Subject to subsection (2), a protective
services officer may only exercise the
powers under this Part in relation to a person
who is at, or in the vicinity of, a designated
place.
(2) A protective services officer may only
exercise the power under section 229 in
relation to a person who was at, or in the
vicinity of, a designated place at the time
of the alleged offence.".
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Part 6--Other miscellaneous amendments
Part 6--Other miscellaneous amendments
59 New section 347A inserted--Children, Youth and
Families Act 2005
After section 347 of the Children, Youth and
Families Act 2005 insert--
"347A Child may be temporarily held in police
gaol to facilitate transport to and from
court and youth justice facilities
(1) For the purposes of facilitating the
transportation of a child to or from a court
or a youth justice facility, a child may be
temporarily held or detained in a police
gaol for no more than 2 working days.
(2) If a child is held or detained in a police gaol
under this section, the child--
(a) must be kept separate from adults who
are detained there;
(b) is entitled to be kept separately
according to the child's sex;
(c) subject to the Corrections Act 1986
and the regulations made under that
Act, is entitled to receive visits from
parents, relatives, legal practitioners,
persons acting on behalf of legal
practitioners and other persons;
(d) is entitled to have reasonable efforts
made to meet the child's medical,
religious and cultural needs including,
in the case of an Aboriginal child, the
child's needs as a member of the
Aboriginal community;
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(e) is entitled to complain to the Chief
Commissioner of Police or the
Ombudsman about the standard of care,
accommodation or treatment which the
child is receiving in the police gaol;
(f) is entitled to be advised of the child's
entitlements under this subsection.
(3) It is the responsibility of the Chief
Commissioner of Police to make sure
that subsection (2) is complied with.".
60 Ill-health retirement
(1) After section 67(2)(a) of the Victoria Police
Act 2013 insert--
"(ab) require the police officer or protective
services officer to be examined by a person
registered under the Health Practitioner
Regulation National Law to practise in the
psychology profession (other than as a
student) nominated by the Chief
Commissioner; and".
(2) In section 67(2)(b) of the Victoria Police
Act 2013, after "conducting the examination"
insert "under paragraph (a) or (ab)".
44
Justice Legislation Amendment (Protective Services Officers and Other
Matters) Act 2017
No. of 2017
Part 7--Repeal of amending Act
Part 7--Repeal of amending Act
61 Repeal of amending Act
This Act is repealed on 30 May 2019.
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).
═════════════
45
Justice Legislation Amendment (Protective Services Officers and Other
Matters) Act 2017
No. of 2017
Endnotes
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current
authorised versions of legislation and up-to-date legislative information.
Minister's second reading speech--
Legislative Assembly:
Legislative Council:
The long title for the Bill for this Act was "A Bill for an Act to amend
various Acts in relation to powers of protective services officers on duty
at designated places, to provide for psychological fitness for duty
assessments for police officers and protective services officers, to
facilitate attendance of children held in police custody to and from courts
and youth justice facilities, to amend the Second-Hand Dealers and
Pawnbrokers Act 1989 to regulate payments for scrap metal and to
provide for enforcement, to amend the Corrections Act 1986 to extend to
police custody officer supervisors the powers under Part 9A of that Act,
to amend the Victoria Police Act 2013 to establish the role of police
custody officer supervisors in police gaols, to make consequential and
other technical amendments to other Acts and for other purposes."
By Authority. Government Printer for the State of Victoria.
46
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