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JUSTICE LEGISLATION MISCELLANEOUS AMENDMENTS BILL 2009

                 PARLIAMENT OF VICTORIA

Justice Legislation Miscellaneous Amendments Bill
                       2009



                       TABLE OF PROVISIONS
Clause                                                                    Page

PART 1--PRELIMINARY                                                          1
  1      Purposes                                                            1
  2      Commencement                                                        2

PART 2--AMENDMENTS TO CRIMES LEGISLATION                                     3
  3      Recording of confessions and admissions                             3
  4      New sections 464JA to 464JD inserted                                4
         464JA Offences in relation to recordings                            4
         464JB Court may give directions in relation to a recording         10
         464JC Retention of copy of recording                               10
         464JD Use of recordings for training, teaching or testing
                  purposes                                                  12
  5      New section 614 inserted                                           13
         614      Transitional provision--Justice Legislation
                  Miscellaneous Amendments Act 2009                         13
  6      Interlocutory decision                                             13

PART 3--AMENDMENTS TO MAJOR CRIME LEGISLATION                               14
  7      Witness already held in custody                                    14
  8      Revocation of coercive powers orders                               14
  9      Preliminary requirements                                           14
  10     Restriction on publication of evidence                             15
  11     Amendment of Major Crime Legislation Amendment
         Act 2009--Restriction on publication of evidence                   15

PART 4--AMENDMENTS TO SHERIFF ACT 2009 AND
RELATED AMENDMENTS TO OTHER ACTS                                            16
Division 1--Amendments to the Sheriff Act 2009                              16
  12     Execution and return of warrants and other processes               16
  13     Requirements in relation to entry to premises to execute civil
         warrants                                                           16




561324B.I-14/10/2009                   i      BILL LA INTRODUCTION 14/10/2009

 


 

Clause Page 14 Sheriff may demand and receive payment in relation to money warrants 17 15 New h eading to Division 10 of Part 3 17 16 New heading to section 32 17 17 All warrants in a multiple warrant situation must be executed at the same time 17 18 Execution of warrant to imprison and infringement warrant 17 19 Execution of warrant to imprison and warrant to arrest 18 20 Execution of warrant to imprison, warrant to arrest and infringement warrant 19 21 Offence to resist sheriff, deputy sheriff or sheriff's officer 20 22 Offence to assault sheriff, deputy sheriff or sheriff's officer 20 23 Offence to escape from lawful custody of sheriff, deputy sheriff or sheriff's officer 21 24 Offence to rescue or attempt to rescue goods 21 25 Offence to impersonate sheriff, deputy sheriff or sheriff's officer 21 Division 2--Amendments to other Acts 22 26 Commonwealth Games Arrangements Act 2001-- proceedings where refusal to give up possession 22 27 EastLink Project Act 2004--proceedings where refusal to give up possession 22 28 EastLink Project Act 2004--proceedings where refusal to give up possession 22 29 Land Acquisition and Compensation Act 1986--proceedings where refusal to deliver possession 23 30 Project Development and Construction Management Act 1994--proceedings where refusal to give up possession 23 31 Road Management Act 2004--proceedings where refusal to give up possession 24 PART 5--AMENDMENTS TO TELECOMMUNICATIONS (INTERCEPTION) (STATE PROVISIONS) ACT 1988 25 32 Purpose of Principal Act 25 33 Definitions 25 34 Documents connected with issue of warrants to be kept 27 35 Other records to be kept in connection with interceptions 28 36 Documents to be given to the Police Minister 28 37 Documents connected with issue of warrants to be kept 28 38 Other records to be kept in connection with interceptions 29 39 Documents to be given to the Police Integrity Minister 29 561324B.I-14/10/2009 ii BILL LA INTRODUCTION 14/10/2009

 


 

Clause Page PART 6--AMENDMENT TO INFRINGEMENTS ACT 2006 AND RELATED AMENDMENTS TO OTHER ACTS 30 Division 1--Amendment of Infringements Act 2006 30 40 Cancellation of certain infringement notices 30 41 Applications for revocation of enforcement orders 30 42 Powers to revoke enforcement orders 30 43 Applying for payment order 31 44 Infringements registrar may make payment order 31 45 Consequences of default under a payment order 33 46 New section 81A inserted 33 81A Recall and cancellation of infringement warrant 33 47 Warrant void after 5 years 33 48 New sections 94A and 94B inserted 34 94A Infringements registrar may stay infringement warrant 34 94B Fresh infringement warrant following expiry 35 49 Direction not to renew driver licence or motor vehicle registration 35 50 Division 1 of Part 10 repealed 35 51 When can an attachment of earnings order be made? 36 52 New sections 128A and 128B inserted 36 128A Allocation of money under attachment of earnings order 36 128B Infringement warrant stayed if attachment of earnings order made 37 53 When can an attachment of debts order be made? 38 54 New sections 133A and 133B inserted 38 133A Allocation of money under attachment of debts order 38 133B Infringement warrant may be stayed if attachment of debts order made 39 55 Section 134 substituted 40 134 Application of Part 40 56 Term of imprisonment in default of payment of outstanding fines 40 57 Service of documents 41 Division 2--Amendment of Sentencing Act 1991 42 58 New section 16A inserted 42 16A Person may consent to imprisonment in respect of unpaid fines 42 Division 3--Other consequential amendments 43 59 Amendment of EastLink Project Act 2004 43 60 Amendment of Magistrates' Court Act 1989 43 61 Repeal of section 40G of Water Efficiency Labelling and Standards Act 2005 43 561324B.I-14/10/2009 iii BILL LA INTRODUCTION 14/10/2009

 


 

Clause Page PART 7--REPEAL OF AMENDING ACT 44 62 Repeal of Amending Act 44 ENDNOTES 45 561324B.I-14/10/2009 iv BILL LA INTRODUCTION 14/10/2009

 


 

PARLIAMENT OF VICTORIA Introduced in the Assembly Justice Legislation Miscellaneous Amendments Bill 2009 A Bill for an Act to amend the Crimes Act 1958, the Criminal Procedure Act 2009, the Infringements Act 2006, the Major Crime (Investigative Powers) Act 2004, the Major Crime Legislation Amendment Act 2009, the Sheriff Act 2009, the Telecommunications (Interception) (State Provisions) Act 1988 and other Acts and for other purposes. The Parliament of Victoria enacts: PART 1--PRELIMINARY 1 Purposes The main purposes of this Act are-- (a) to amend the Crimes Act 1958 in relation to 5 digital evidence capture; (b) to amend the Criminal Procedure Act 2009 to replace a reference to a trial judge; 561324B.I-14/10/2009 1 BILL LA INTRODUCTION 14/10/2009

 


 

Justice Legislation Miscellaneous Amendments Bill 2009 Part 1--Preliminary s. 2 (c) to amend the Major Crime (Investigative Powers) Act 2004 and the Major Crime Legislation Amendment Act 2009 to improve the operation of provisions of those 5 Acts; (d) to make miscellaneous amendments to the Sheriff Act 2009 to improve the operation of that Act and consequential amendments to other Acts to remove redundant references to 10 the sheriff and the deputy sheriff; (e) to amend the Telecommunications (Interception) (State Provisions) Act 1988 to ensure consistency with the Telecommunications (Interception and 15 Access) Act 1979 of the Commonwealth; (f) to amend the Infringements Act 2006 and other Acts to improve the operation of the infringements system. 2 Commencement 20 (1) This Part, Part 2, Part 3 (except sections 8 and 10), Part 4 and Part 5 come into operation on the day after the day on which this Act receives the Royal Assent. (2) Sections 8 and 10 come into operation on a day to 25 be proclaimed. (3) If sections 8 and 10 do not come into operation before 1 February 2010, they come into operation on that day. (4) Subject to subsection (5), the remaining 30 provisions of this Act come into operation on a day or days to be proclaimed. (5) If a provision referred to in subsection (4) does not come into operation before 1 November 2010, it comes into operation on that day. __________________ 561324B.I-14/10/2009 2 BILL LA INTRODUCTION 14/10/2009

 


 

Justice Legislation Miscellaneous Amendments Bill 2009 Part 2--Amendments to Crimes Legislation s. 3 PART 2--AMENDMENTS TO CRIMES LEGISLATION 3 Recording of confessions and admissions (1) In section 464H(1) of the Crimes Act 1958, for See: Act No. "and the recording (whether audio recording or 6231. 5 audiovisual recording) is available to be tendered Reprint No. 21 as at in evidence" substitute-- 7 May 2009 and "and, if either an audio recording or an amending Act Nos audiovisual recording was made, that recording 16/2004, or, if both an audio recording and an audiovisual 9/2008, 46/2008, 10 recording were made, the audiovisual recording is 78/2008, available to be tendered in evidence". 4/2009, 7/2009, 22/2009 and 25/2009. LawToday: www. legislation. vic.gov.au (2) For section 464H(3)(a) and (b) of the Crimes Act 1958 substitute-- "(a) if either an audio recording or an audiovisual 15 recording was made, a copy of that recording as soon as practicable but not later than 7 days after the recording was made; and (b) if both an audio recording and an audiovisual recording were made-- 20 (i) the audio recording as soon as practicable but not later than 7 days after the recording was made; and (ii) if the person is charged with an offence to which the recording relates, a copy 25 of the audiovisual recording as soon as practicable but not later than 7 days after the person is charged; and 561324B.I-14/10/2009 3 BILL LA INTRODUCTION 14/10/2009

 


 

Justice Legislation Miscellaneous Amendments Bill 2009 Part 2--Amendments to Crimes Legislation s. 4 (c) if a transcript of the recording is prepared, a copy of the transcript as soon as practicable but not later than 7 days after the transcript was made.". 5 (3) After section 464H(3) of the Crimes Act 1958 insert-- "(3A) On request by a person charged with an offence or the legal practitioner representing that person, the investigating official must 10 provide an additional copy of the audiovisual recording referred to in subsection (3).". 4 New sections 464JA to 464JD inserted After section 464J of the Crimes Act 1958 insert-- 15 "464JA Offences in relation to recordings (1) In this section-- authorised person means-- (a) a member of police personnel within the meaning of the Police 20 Regulation Act 1958 (other than a protective services officer appointed under Part VIA of that Act); (b) a person or body engaged to 25 provide services to Victoria Police in relation to the installation or maintenance of recording equipment; (c) the Director of Public 30 Prosecutions for Victoria or a person acting under the authority of the Director; 561324B.I-14/10/2009 4 BILL LA INTRODUCTION 14/10/2009

 


 

Justice Legislation Miscellaneous Amendments Bill 2009 Part 2--Amendments to Crimes Legislation s. 4 (d) the Chief Crown Prosecutor or a Crown Prosecutor or Associate Crown Prosecutor appointed under the Public Prosecutions 5 Act 1994; (e) a person employed in the Office of Public Prosecutions under the Public Prosecutions Act 1994; (f) a legal practitioner representing-- 10 (i) the State; or (ii) an informant; (g) a legal practitioner representing-- (i) a suspect recorded under section 464B(5H), 464G 15 or 464H; or (ii) a co-accused of the suspect; (h) an officer or employee of Victoria Legal Aid employed under the Legal Aid Act 1978; 20 (i) a court or a person acting under the direction of a court; (j) a coroner within the meaning of the Coroners Act 2008 or a person acting under the direction 25 of a coroner; (k) the Commissioner for Law Enforcement Data Security appointed under Part 2 of the Commissioner for Law 30 Enforcement Data Security Act 2005 or a person acting under his or her direction; 561324B.I-14/10/2009 5 BILL LA INTRODUCTION 14/10/2009

 


 

Justice Legislation Miscellaneous Amendments Bill 2009 Part 2--Amendments to Crimes Legislation s. 4 (l) the Chief Examiner or an Examiner appointed under Part 3 of the Major Crime (Investigative Powers) Act 2004 5 or a person acting under the direction of the Chief Examiner or an Examiner; (m) the Director, Police Integrity appointed under Part 2 of the 10 Police Integrity Act 2008 or a person acting under his or her direction; (n) the Special Investigations Monitor appointed under section 5 of the 15 Major Crime (Special Investigations Monitor) Act 2004 or a person acting under his or her direction; (o) a member of the Legislative 20 Assembly or Legislative Council or a person acting under his or her direction; (p) a person, or person belonging to a class of persons, prescribed for the 25 purposes of this definition; publish means-- (a) insert in a newspaper or other publication; or (b) disseminate by broadcast, telecast 30 or cinematograph; or (c) bring to the notice of the public or any member of the public by any other means, including by publication on the Internet; 561324B.I-14/10/2009 6 BILL LA INTRODUCTION 14/10/2009

 


 

Justice Legislation Miscellaneous Amendments Bill 2009 Part 2--Amendments to Crimes Legislation s. 4 recording means a recording made in accordance with section 464B(5H), 464G or 464H. (2) A person must not knowingly possess an 5 audio recording or an audiovisual recording unless the person-- (a) is the suspect; or (b) is a legal practitioner representing the suspect; or 10 (c) is an authorised person acting in the performance of his or her duties; or (d) has possession of the recording in a sealed package in the course of his or her duties as a person engaged by a 15 person referred to in paragraph (a), (b) or (c) to transport the recording to that person. Penalty: Level 8 imprisonment (1 year maximum). 20 Note The maximum fine that may be imposed on a body corporate found guilty of an offence against this subsection is 600 penalty units: see section 113D of the Sentencing Act 1991. 25 (3) A person must not play an audio recording or an audiovisual recording to another person unless-- (a) the recording is played for purposes connected with the prosecution or 30 defence of, or legal proceedings relating to, a charge to which the recording relates; or 561324B.I-14/10/2009 7 BILL LA INTRODUCTION 14/10/2009

 


 

Justice Legislation Miscellaneous Amendments Bill 2009 Part 2--Amendments to Crimes Legislation s. 4 (b) the recording is played for purposes connected with an investigation of a death or a fire or an inquest held by a coroner; or 5 (c) the recording is played for purposes connected with disciplinary action against a member of the force within the meaning of the Police Regulation Act 1958; or 10 (d) the recording is played for purposes connected with disciplinary action against a legal practitioner; or (e) the recording is played in accordance with the direction of a court under 15 section 464JB; or (f) the recording is played in accordance with section 464JD; or (g) the recording is played by an authorised person acting in the course of his or her 20 duties. Penalty: Level 8 imprisonment (1 year maximum). Note The maximum fine that may be imposed on a body 25 corporate found guilty of an offence against this subsection is 600 penalty units: see section 113D of the Sentencing Act 1991. (4) A person must not supply or offer to supply an audio recording or an audiovisual 30 recording to another person other than-- (a) the suspect in relation to whom the recording was made; 561324B.I-14/10/2009 8 BILL LA INTRODUCTION 14/10/2009

 


 

Justice Legislation Miscellaneous Amendments Bill 2009 Part 2--Amendments to Crimes Legislation s. 4 (b) a legal practitioner representing the suspect; (c) an authorised person acting in the performance of his or her duties; 5 (d) a person engaged by a person referred to in paragraph (a), (b) or (c) to transport the recording. Penalty: Level 8 imprisonment (1 year maximum). 10 Note The maximum fine that may be imposed on a body corporate found guilty of an offence against this subsection is 600 penalty units: see section 113D of the Sentencing Act 1991. 15 (5) A person, other than an authorised person acting in the performance of his or her duties, must not copy the whole or any part of an audio recording or an audiovisual recording or permit another person to make 20 such a copy, unless the person is acting in accordance with the direction of a court under section 464JB. Penalty: Level 8 imprisonment (1 year maximum). 25 Note The maximum fine that may be imposed on a body corporate found guilty of an offence against this subsection is 600 penalty units: see section 113D of the Sentencing Act 1991. 30 (6) An authorised person must not knowingly or recklessly tamper with, modify or erase (in whole or in part) a recording, except in accordance with the direction of a court under section 464JB. 35 Penalty: Level 8 imprisonment (1 year maximum). 561324B.I-14/10/2009 9 BILL LA INTRODUCTION 14/10/2009

 


 

Justice Legislation Miscellaneous Amendments Bill 2009 Part 2--Amendments to Crimes Legislation s. 4 Note The maximum fine that may be imposed on a body corporate found guilty of an offence against this subsection is 600 penalty units: see section 113D of 5 the Sentencing Act 1991. (7) A person must not publish or cause to be published the whole or any part of an audio recording or an audiovisual recording except in accordance with the direction of a court 10 under section 464JB. Penalty: Level 7 imprisonment (2 years maximum). Note The maximum fine that may be imposed on a body 15 corporate found guilty of an offence against this subsection is 1200 penalty units: see section 113D of the Sentencing Act 1991. (8) An offence against a provision of this section is a summary offence. 20 464JB Court may give directions in relation to a recording (1) In this section-- recording has the same meaning as in section 464JA. 25 (2) A court may give directions, with or without conditions, as to the supply, copying, editing, erasure, playing or publishing of an audio recording or an audiovisual recording. 464JC Retention of copy of recording 30 (1) In this section-- authorised person has the same meaning as in section 464JA; 561324B.I-14/10/2009 10 BILL LA INTRODUCTION 14/10/2009

 


 

Justice Legislation Miscellaneous Amendments Bill 2009 Part 2--Amendments to Crimes Legislation s. 4 court means-- (a) if a criminal proceeding to which the recording relates has commenced but has not been 5 completed, the court hearing the proceeding; (b) in any other case, the Magistrates' Court; recording has the same meaning as in 10 section 464JA. (2) The Chief Commissioner of Police must keep a copy of a recording in safe custody for a period of 7 years from the making of the recording. 15 (3) If the court is satisfied that there is good cause to keep a copy of a recording for a period longer than 7 years, the court may order that the Chief Commissioner of Police retain the copy for a further period specified 20 in the order. (4) An application for an order under subsection (3) may be made by-- (a) the suspect in relation to whom the recording was made; or 25 (b) an authorised person acting in the performance of his or her duties. (5) The court must not make an order under subsection (3) unless-- (a) the court is satisfied that the applicant 30 has given reasonable notice of the application to the suspect and the Chief Commissioner of Police; and 561324B.I-14/10/2009 11 BILL LA INTRODUCTION 14/10/2009

 


 

Justice Legislation Miscellaneous Amendments Bill 2009 Part 2--Amendments to Crimes Legislation s. 4 (b) the court has given the suspect and the Chief Commissioner of Police a reasonable opportunity to be heard. 464JD Use of recordings for training, teaching or 5 testing purposes (1) In this section-- prescribed person means-- (a) a member of police personnel within the meaning of the Police 10 Regulation Act 1958 (other than a protective services officer appointed under Part VIA of that Act); (b) a person or body engaged to 15 provide services to Victoria Police in relation to the installation or maintenance of recording equipment; (c) a legal practitioner or a person 20 training to become a legal practitioner; or (d) a person, or a person belonging to a class of persons, prescribed for the purposes of this section; 25 recording has the same meaning as in section 464JA. (2) Subject to section 464JA, a recording may be played to a prescribed person for the purposes of training or teaching that person 30 or testing the recording equipment if-- (a) the suspect has been convicted or found guilty of the charge to which the recording relates; and 561324B.I-14/10/2009 12 BILL LA INTRODUCTION 14/10/2009

 


 

Justice Legislation Miscellaneous Amendments Bill 2009 Part 2--Amendments to Crimes Legislation s. 5 (b) all legal proceedings in relation to the subject matter in the recording have been concluded; and (c) all reasonable measures have been 5 taken to prevent the identification of the suspect or any other person (including an alleged victim) from the recording when it is played.". 5 New section 614 inserted 10 At the end of Part 7 of the Crimes Act 1958 insert-- "614 Transitional provision--Justice Legislation Miscellaneous Amendments Act 2009 15 Section 464H as amended by section 3 of the Justice Legislation Miscellaneous Amendments Act 2009 applies to an audio recording or an audiovisual recording made on or after the commencement of section 3 20 of that Act.". 6 Interlocutory decision In section 3 of the Criminal Procedure Act 2009, See: Act No. in the definition of interlocutory decision, for 7/2009. "trial judge" substitute "judge". Statute Book: www. legislation. vic.gov.au __________________ 561324B.I-14/10/2009 13 BILL LA INTRODUCTION 14/10/2009

 


 

Justice Legislation Miscellaneous Amendments Bill 2009 Part 3--Amendments to Major Crime Legislation s. 7 PART 3--AMENDMENTS TO MAJOR CRIME LEGISLATION 7 Witness already held in custody See: After section 18(7) of the Major Crime Act No. 5 79/2004. (Investigative Powers) Act 2004 insert-- Reprint No. 2 as at "(8) If an order is made under this section, 2 April 2009 and sections 12(2), 13, 16, 37(5) and 49 apply as amending if a reference in those sections to a witness Act No. 3/2009. summons issued under section 14 or 15 10 LawToday: included a reference to an order under this www. legislation. section.". vic.gov.au 8 Revocation of coercive powers orders In section 18(8) of the Major Crime (Investigative Powers) Act 2004, for "12(2)" 15 substitute "12C". 9 Preliminary requirements (1) In section 31 of the Major Crime (Investigative Powers) Act 2004, for "Before any question is asked" substitute "Subject to subsection (2), 20 before any question is asked". (2) At the end of section 31 of the Major Crime (Investigative Powers) Act 2004 insert-- "(2) If a witness attends an examination solely to produce documents on behalf of a body 25 corporate that is a corporation or an ADI, the Chief Examiner is only required to comply with subsection (1)(d), (e), (f) and (g) in relation to that witness.". 561324B.I-14/10/2009 14 BILL LA INTRODUCTION 14/10/2009

 


 

Justice Legislation Miscellaneous Amendments Bill 2009 Part 3--Amendments to Major Crime Legislation s. 10 10 Restriction on publication of evidence In section 43(5)(b) of the Major Crime (Investigative Powers) Act 2004, after "examining the evidence" insert "and considering 5 any submissions made under subsection (4A)". 11 Amendment of Major Crime Legislation See: Act No. Amendment Act 2009--Restriction on publication 3/2009. of evidence Statute Book: www. legislation. In section 10 of the Major Crime Legislation vic.gov.au 10 Amendment Act 2009, in proposed section 43(4A), for "Before a court gives a certificate under subsection (4)," substitute "When the Chief Examiner or the Chief Commissioner makes evidence available to the court in accordance with 15 subsection (4),". __________________ 561324B.I-14/10/2009 15 BILL LA INTRODUCTION 14/10/2009

 


 

Justice Legislation Miscellaneous Amendments Bill 2009 Part 4--Amendments to Sheriff Act 2009 and Related Amendments to Other s. 12 Acts PART 4--AMENDMENTS TO SHERIFF ACT 2009 AND RELATED AMENDMENTS TO OTHER ACTS Division 1--Amendments to the Sheriff Act 2009 12 Execution and return of warrants and other 5 processes See: In section 13(1) of the Sheriff Act 2009, for Act No. 9/2009. "all warrants and" substitute "every warrant or". LawToday: www. legislation. vic.gov.au 13 Requirements in relation to entry to premises to execute civil warrants 10 (1) For section 22(4) of the Sheriff Act 2009 substitute-- "(4) The sheriff may use force and assistance to enter the premises if the owner or occupier of the premises unreasonably withholds his 15 or her consent. (4A) Despite subsection (3), the sheriff may use force and assistance to enter the premises if-- (a) the sheriff, after reasonable attempts to 20 do so, cannot contact the owner or occupier of the premises; or (b) the sheriff reasonably believes that the owner or occupier of the premises is avoiding being contacted by the 25 sheriff.". (2) In section 22(5) of the Sheriff Act 2009, for "Division" substitute "section". 561324B.I-14/10/2009 16 BILL LA INTRODUCTION 14/10/2009

 


 

Justice Legislation Miscellaneous Amendments Bill 2009 Part 4--Amendments to Sheriff Act 2009 and Related Amendments to Other s. 14 Acts 14 Sheriff may demand and receive payment in relation to money warrants (1) In section 27(4)(b) of the Sheriff Act 2009 omit "of" (where first occurring). 5 (2) In section 27(9)(b) of the Sheriff Act 2009, after "that" (where first occurring) insert ", in the case of a money warrant that is a criminal warrant,". 15 New heading to Division 10 of Part 3 For the heading to Division 10 of Part 3 of the 10 Sheriff Act 2009 substitute-- "Division 10--Costs and expenses of execution of warrants". 16 New heading to section 32 For the heading to section 32 of the Sheriff Act 15 2009 substitute-- "Sheriff may recover reasonable costs and expenses of execution". 17 All warrants in a multiple warrant situation must be executed at the same time 20 In section 35 of the Sheriff Act 2009, after "Subject to" insert "section 13 and". 18 Execution of warrant to imprison and infringement warrant For section 38(2)(b) of the Sheriff Act 2009 25 substitute-- "(b) must not execute the infringement warrant unless-- (i) the person has been arrested under the warrant to imprison; or 561324B.I-14/10/2009 17 BILL LA INTRODUCTION 14/10/2009

 


 

Justice Legislation Miscellaneous Amendments Bill 2009 Part 4--Amendments to Sheriff Act 2009 and Related Amendments to Other s. 19 Acts (ii) the person is in a police gaol in the legal custody of the Chief Commissioner of Police or in a prison in the legal custody of the Secretary.". 5 19 Execution of warrant to imprison and warrant to arrest For section 39(2)(b) of the Sheriff Act 2009 substitute-- "(b) must not execute the warrant to arrest-- 10 (i) unless a seven day demand relating to the warrant to arrest is served on the person before the warrant to imprison has been received by the sheriff and-- (A) the period under that seven day 15 demand has expired and no liability discharge event has occurred before the warrant to imprison is executed; or (B) the operation of the period under 20 that seven day demand has been waived by the person; or (ii) unless the person is released from the legal custody of the Chief Commissioner of Police or the 25 Secretary (as the case requires) and-- (A) the period under a seven day demand relating to the warrant to arrest and served on the person has expired and no liability 30 discharge event has occurred; or (B) the operation of the period under that seven day demand has been waived by the person.". 561324B.I-14/10/2009 18 BILL LA INTRODUCTION 14/10/2009

 


 

Justice Legislation Miscellaneous Amendments Bill 2009 Part 4--Amendments to Sheriff Act 2009 and Related Amendments to Other s. 20 Acts 20 Execution of warrant to imprison, warrant to arrest and infringement warrant (1) For section 40(2)(b) of the Sheriff Act 2009 substitute-- 5 "(b) must not execute the infringement warrant unless-- (i) the person has been arrested under the warrant to imprison; or (ii) the person is in a police gaol in the 10 legal custody of the Chief Commissioner of Police or in a prison in the legal custody of the Secretary; and". (2) For section 40(2)(c) of the Sheriff Act 2009 15 substitute-- "(c) must not execute the warrant to arrest-- (i) unless a seven day demand relating to the warrant to arrest is served on the person before the warrant to imprison 20 has been received by the sheriff and-- (A) the period under that seven day demand has expired and no liability discharge event has occurred before the warrant to 25 imprison is executed; or (B) the operation of the period under that seven day demand has been waived by the person; or (ii) unless the person is released from the 30 legal custody of the Chief Commissioner of Police or the Secretary (as the case requires) and-- 561324B.I-14/10/2009 19 BILL LA INTRODUCTION 14/10/2009

 


 

Justice Legislation Miscellaneous Amendments Bill 2009 Part 4--Amendments to Sheriff Act 2009 and Related Amendments to Other s. 21 Acts (A) the period under a seven day demand relating to the warrant to arrest and served on the person has expired and no liability 5 discharge event has occurred; or (B) the operation of the period under that seven day demand has been waived by the person.". 21 Offence to resist sheriff, deputy sheriff or sheriff's 10 officer (1) For the heading to section 47 of the Sheriff Act 2009 substitute-- "Offence to resist sheriff, deputy sheriff, sheriff's officer or justice employee". 15 (2) In section 47 of the Sheriff Act 2009, for "or a sheriff's officer" substitute ", a sheriff's officer or an appropriately trained justice employee". 22 Offence to assault sheriff, deputy sheriff or sheriff's officer 20 (1) For the heading to section 48 of the Sheriff Act 2009 substitute-- "Offence to assault sheriff, deputy sheriff, sheriff's officer or justice employee". (2) In section 48(1)(c) of the Sheriff Act 2009, for 25 "power." substitute "power; or". (3) After section 48(1)(c) of the Sheriff Act 2009 insert-- "(d) an appropriately trained justice employee while the appropriately trained justice 30 employee is performing or exercising a delegated enforcement function or power.". 561324B.I-14/10/2009 20 BILL LA INTRODUCTION 14/10/2009

 


 

Justice Legislation Miscellaneous Amendments Bill 2009 Part 4--Amendments to Sheriff Act 2009 and Related Amendments to Other s. 23 Acts 23 Offence to escape from lawful custody of sheriff, deputy sheriff or sheriff's officer (1) For the heading to section 49 of the Sheriff Act 2009 substitute-- 5 "Offence to escape from lawful custody of sheriff, deputy sheriff, sheriff's officer or justice employee". (2) In section 49 of the Sheriff Act 2009, for "or a sheriff's officer" substitute ", a sheriff's officer or 10 an appropriately trained justice employee". 24 Offence to rescue or attempt to rescue goods In section 50(1) of the Sheriff Act 2009, for "or a sheriff's officer" substitute ", a sheriff's officer or an appropriately trained justice employee". 15 25 Offence to impersonate sheriff, deputy sheriff or sheriff's officer (1) For the heading to section 51 of the Sheriff Act 2009 substitute-- "Offence to impersonate sheriff, deputy sheriff, 20 sheriff's officer or justice employee". (2) In section 51 of the Sheriff Act 2009, for "or a sheriff's officer" substitute ", a sheriff's officer or an appropriately trained justice employee". 561324B.I-14/10/2009 21 BILL LA INTRODUCTION 14/10/2009

 


 

Justice Legislation Miscellaneous Amendments Bill 2009 Part 4--Amendments to Sheriff Act 2009 and Related Amendments to Other s. 26 Acts Division 2--Amendments to other Acts 26 Commonwealth Games Arrangements Act 2001-- proceedings where refusal to give up possession See: Section 39(8) of the Commonwealth Games Act No. 5 57/2001. Arrangements Act 2001 is repealed. Reprint No. 2 as at 1 March 2006 and amending Act Nos 29/2006 and 80/2006. LawToday: www. legislation. vic.gov.au 27 EastLink Project Act 2004--proceedings where refusal to give up possession See: Section 76(8) of the EastLink Project Act 2004 Act No. 39/2004. is repealed. Reprint No. 2 as at 31 July 2009 and amending Act No. 6/2009. LawToday: www. legislation. vic.gov.au 10 28 EastLink Project Act 2004--proceedings where refusal to give up possession Section 117(7) of the EastLink Project Act 2004 is repealed. 561324B.I-14/10/2009 22 BILL LA INTRODUCTION 14/10/2009

 


 

Justice Legislation Miscellaneous Amendments Bill 2009 Part 4--Amendments to Sheriff Act 2009 and Related Amendments to Other s. 29 Acts 29 Land Acquisition and Compensation Act 1986-- proceedings where refusal to deliver possession Section 28(8) of the Land Acquisition and See: Act No. Compensation Act 1986 is repealed. 121/1986. Reprint No. 4 as at 7 May 2009 and amending Act No. 78/2008. LawToday: www. legislation. vic.gov.au 5 30 Project Development and Construction Management Act 1994--proceedings where refusal to give up possession Section 20G(8) of the Project Development and See: Act No. Construction Management Act 1994 is 101/1994. 10 repealed. Reprint No. 4 as at 10 September 2009. LawToday: www. legislation. vic.gov.au 561324B.I-14/10/2009 23 BILL LA INTRODUCTION 14/10/2009

 


 

Justice Legislation Miscellaneous Amendments Bill 2009 Part 4--Amendments to Sheriff Act 2009 and Related Amendments to Other s. 31 Acts 31 Road Management Act 2004--proceedings where refusal to give up possession See: Clause 45(8) of Schedule 5A to the Road Act No. 12/2004. Management Act 2004 is repealed. Reprint No. 2 as at 11 October 2006 and amending Act Nos 61/2005, 74/2006, 85/2006, 69/2007, 74/2007, 13/2009, 17/2009 and 28/2009. LawToday: www. legislation. vic.gov.au __________________ 561324B.I-14/10/2009 24 BILL LA INTRODUCTION 14/10/2009

 


 

Justice Legislation Miscellaneous Amendments Bill 2009 Part 5--Amendments to Telecommunications (Interception) (State s. 32 Provisions) Act 1988 PART 5--AMENDMENTS TO TELECOMMUNICATIONS (INTERCEPTION) (STATE PROVISIONS) ACT 1988 32 Purpose of Principal Act In section 1 of the Telecommunications See: Act No. 5 (Interception) (State Provisions) Act 1988, for 46/1988. "Telecommunications (Interception) Act 1979 of Reprint No. 2 as at the Commonwealth" substitute 7 May 2009. "Telecommunications (Interception and Access) LawToday: www. Act 1979 of the Commonwealth". legislation. vic.gov.au 10 33 Definitions (1) In section 3(1) of the Telecommunications (Interception) (State Provisions) Act 1988, the definition of Minister is repealed. (2) In section 3(1) of the Telecommunications 15 (Interception) (State Provisions) Act 1988, for the definition of Part VI warrant substitute-- "Part 2-5 warrant means a warrant issued or to be issued under Part 2-5 of the Commonwealth Act;". 20 (3) In section 3(1) of the Telecommunications (Interception) (State Provisions) Act 1988, in the definition of restricted record, for "a record obtained" substitute "a record other than a copy, that was obtained". 25 (4) In section 3(1) of the Telecommunications (Interception) (State Provisions) Act 1988, for the definition of the Commonwealth Act substitute-- "the Commonwealth Act means the 30 Telecommunications (Interception and Access) Act 1979 of the Commonwealth;". 561324B.I-14/10/2009 25 BILL LA INTRODUCTION 14/10/2009

 


 

Justice Legislation Miscellaneous Amendments Bill 2009 Part 5--Amendments to Telecommunications (Interception) (State s. 33 Provisions) Act 1988 (5) In section 3(1) of the Telecommunications (Interception) (State Provisions) Act 1988, for the definition of warrant substitute-- "warrant means a warrant issued under Part 2-5 5 of the Commonwealth Act.". (6) In section 3(1) of the Telecommunications (Interception) (State Provisions) Act 1988 insert the following definitions-- "Police Integrity Minister means the Minister 10 administering the Police Integrity Act 2008; Police Minister means the Minister administering the Police Regulation Act 1958;". (7) In the Telecommunications (Interception) (State Provisions) Act 1988-- 15 (a) in sections 7(1) and 12 for "Minister" (wherever occurring) substitute "Police Minister"; (b) in section 7(1)(c)(i) for "Minister's" substitute "Police Minister's"; 20 (c) insert the following heading to section 8-- "Documents to be given by State Police Minister to Commonwealth Minister"; (d) in section 8 for "The Minister" substitute "The Police Minister"; 25 (e) In section 8 for "the Minister," substitute "the Police Minister,"; (f) in the heading to section 9C for "Minister" substitute "Police Integrity Minister"; (g) in sections 9C(1) and 15 for "Minister" 30 (wherever occurring) substitute "Police Integrity Minister", (h) in section 9C(1)(c)(i) for "Minister's" substitute "Police Integrity Minister's"; 561324B.I-14/10/2009 26 BILL LA INTRODUCTION 14/10/2009

 


 

Justice Legislation Miscellaneous Amendments Bill 2009 Part 5--Amendments to Telecommunications (Interception) (State s. 34 Provisions) Act 1988 (i) in the heading to section 9D for "State Minister" substitute "State Police Integrity Minister"; (j) in section 9D for "The Minister" substitute 5 "The Police Integrity Minister"; (k) in section 9D for "the Minister," substitute "the Police Integrity Minister,"; (l) for section 10(c) substitute-- "(c) report to the Police Minister about the 10 results of the inspections referred to in paragraph (a) and the Police Integrity Minister about the results of the inspections referred to in paragraph (b); and"; 15 (m) in section 20C for "Minister" substitute "Police Minister or Police Integrity Minister"; (n) in section 21 for "The Minister must" substitute "The Police Minister or the Police 20 Integrity Minister (as the case requires) must". 34 Documents connected with issue of warrants to be kept (1) For section 5(a), (b) and (c) of the 25 Telecommunications (Interception) (State Provisions) Act 1988 substitute-- "(a) each warrant issued to the Police Force; and (b) a copy of each notification by the Chief Commissioner of Police under section 59A 30 of the Commonwealth Act; and (c) each instrument revoking a warrant issued to the Police Force; and". 561324B.I-14/10/2009 27 BILL LA INTRODUCTION 14/10/2009

 


 

Justice Legislation Miscellaneous Amendments Bill 2009 Part 5--Amendments to Telecommunications (Interception) (State s. 35 Provisions) Act 1988 (2) In section 5(f) of the Telecommunications (Interception) (State Provisions) Act 1988, for "Part VI warrant" substitute "Part 2-5 warrant". 35 Other records to be kept in connection with 5 interceptions (1) In section 6 of the Telecommunications (Interception) (State Provisions) Act 1988, for "Part VI warrant" (wherever occurring) substitute "Part 2-5 warrant". 10 (2) In section 6 of the Telecommunications (Interception) (State Provisions) Act 1988, for "lawfully obtained information" (wherever occurring) substitute "lawfully intercepted information". 15 36 Documents to be given to the Police Minister (1) In section 7(1)(c) of the Telecommunications (Interception) (State Provisions) Act 1988, for "2 months" substitute "3 months". (2) In section 7(1)(c)(i) of the Telecommunications 20 (Interception) (State Provisions) Act 1988, for "Part IX" substitute "Part 2-8". 37 Documents connected with issue of warrants to be kept (1) For section 9A(a), (b) and (c) of the 25 Telecommunications (Interception) (State Provisions) Act 1988 substitute-- "(a) each warrant issued to the Office of Police Integrity; and (b) a copy of each notification by the Director 30 under section 59A of the Commonwealth Act; and (c) each instrument revoking a warrant issued to the Office of Police Integrity; and". 561324B.I-14/10/2009 28 BILL LA INTRODUCTION 14/10/2009

 


 

Justice Legislation Miscellaneous Amendments Bill 2009 Part 5--Amendments to Telecommunications (Interception) (State s. 38 Provisions) Act 1988 (2) In section 9A(f) of the Telecommunications (Interception) (State Provisions) Act 1988, for "Part VI warrant" substitute "Part 2-5 warrant". 38 Other records to be kept in connection with 5 interceptions (1) In section 9B of the Telecommunications (Interception) (State Provisions) Act 1988, for "Part VI warrant" (wherever occurring) substitute "Part 2-5 warrant". 10 (2) In section 9B of the Telecommunications (Interception) (State Provisions) Act 1988, for "lawfully obtained information" (wherever occurring) substitute "lawfully intercepted information". 15 39 Documents to be given to the Police Integrity Minister (1) In section 9C(1)(c) of the Telecommunications (Interception) (State Provisions) Act 1988, for "2 months" substitute "3 months". 20 (2) In section 9C(1)(c)(i) of the Telecommunications (Interception) (State Provisions) Act 1988, for "Part IX" substitute "Part 2-8". __________________ 561324B.I-14/10/2009 29 BILL LA INTRODUCTION 14/10/2009

 


 

Justice Legislation Miscellaneous Amendments Bill 2009 Part 6--Amendment to Infringements Act 2006 and Related Amendments to s. 40 Other Acts PART 6--AMENDMENT TO INFRINGEMENTS ACT 2006 AND RELATED AMENDMENTS TO OTHER ACTS Division 1--Amendment of Infringements Act 2006 40 Cancellation of certain infringement notices 5 See: In section 36 of the Infringements Act 2006-- Act No. 12/2006. Reprint No. 2 (a) in paragraph (d), for "1988." substitute as at "1988;"; 1 July 2008 and (b) after paragraph (d), insert-- amending Act No. 30/2007. "(e) section 219A of the EastLink Project 10 LawToday: Act 2004.". www. legislation. vic.gov.au 41 Applications for revocation of enforcement orders After section 65(3) of the Infringements Act 2006 insert-- "(4) If a person makes more than 2 applications 15 under subsection (1) in respect of the same enforcement order, the person must obtain the leave of the Court before filing any third or subsequent application under subsection (3).". 20 42 Powers to revoke enforcement orders Section 66(6) of the Infringements Act 2006 is repealed. 561324B.I-14/10/2009 30 BILL LA INTRODUCTION 14/10/2009

 


 

Justice Legislation Miscellaneous Amendments Bill 2009 Part 6--Amendment to Infringements Act 2006 and Related Amendments to s. 43 Other Acts 43 Applying for payment order After section 76(1) of the Infringements Act 2006 insert-- "(1A) A person making an application for a 5 payment order under subsection (1) may also apply to an infringements registrar for variation of-- (a) the prescribed costs; or (b) the prescribed fees on any infringement 10 warrant.". 44 Infringements registrar may make payment order (1) In section 77(1) of the Infringements Act 2006 after "payment order" insert "and any application made for variation of the prescribed costs or 15 variation of the prescribed fees on any infringement warrant". (2) After section 77(1)(c) of the Infringements Act 2006 insert-- "(ca) make an order varying the prescribed costs 20 or varying the prescribed fees on any infringement warrant payable under the fine and adjust the total of the fine accordingly;". (3) At the foot of section 77(5) of the Infringements Act 2006 insert-- 25 "Note See also an infringements registrar's power to stay an infringement warrant under section 94A.". (4) In section 77(6) of the Infringements Act 2006-- (a) after "payment order" (where first occurring) 30 insert "or an application for the variation of prescribed costs or prescribed fees on any infringement warrant"; 561324B.I-14/10/2009 31 BILL LA INTRODUCTION 14/10/2009

 


 

Justice Legislation Miscellaneous Amendments Bill 2009 Part 6--Amendment to Infringements Act 2006 and Related Amendments to s. 44 Other Acts (b) in paragraph (a) after "payment order" insert "or the order varying the prescribed costs or prescribed fees". (5) After section 77(6) of the Infringements Act 5 2006 insert-- "(7) If an infringements registrar has made a payment order and an infringement warrant has been issued in respect of the enforcement order to which the payment order relates 10 before the payment order was made, the infringements registrar may stay the infringement warrant under section 94A. (8) If an infringements registrar makes an order under section 94A staying an infringement 15 warrant and the fine to which the payment order relates is subsequently paid in full, the stay on the infringement warrant ceases and the warrant expires. (9) If an infringements registrar makes an order 20 under section 94A staying an infringement warrant and the person defaults before full payment of the fine to which the payment order relates has been paid-- (a) if the default occurs before the end of 25 5 years after the infringement warrant was first issued, the infringement warrant remains enforceable until it becomes null and void under section 94; or 30 (b) if the default occurs more than 5 years after the infringement warrant was first issued, the infringement warrant is null and void.". 561324B.I-14/10/2009 32 BILL LA INTRODUCTION 14/10/2009

 


 

Justice Legislation Miscellaneous Amendments Bill 2009 Part 6--Amendment to Infringements Act 2006 and Related Amendments to s. 45 Other Acts 45 Consequences of default under a payment order In section 78(1) of the Infringements Act 2006, for "If an" substitute "Subject to section 94A, if an". 5 46 New section 81A inserted After section 81 of the Infringements Act 2006 insert-- "81A Recall and cancellation of infringement warrant 10 (1) An infringement warrant issued by an infringements registrar may be recalled and cancelled by-- (a) that infringements registrar; or (b) another registrar from the same venue 15 of the Court at which the infringement warrant was issued; or (c) a magistrate. (2) If an infringement warrant has been recalled and cancelled under subsection (1), a fresh 20 infringement warrant may be issued for the same purpose as that for which the recalled infringement warrant was issued.". 47 Warrant void after 5 years In section 94 of the Infringements Act 2006, for 25 "An infringement" substitute "Subject to section 94A, an infringement". 561324B.I-14/10/2009 33 BILL LA INTRODUCTION 14/10/2009

 


 

Justice Legislation Miscellaneous Amendments Bill 2009 Part 6--Amendment to Infringements Act 2006 and Related Amendments to s. 48 Other Acts 48 New sections 94A and 94B inserted After section 94 of the Infringements Act 2006 insert-- "94A Infringements registrar may stay 5 infringement warrant (1) An infringements registrar may stay an infringement warrant issued in respect of an enforcement order in the following circumstances-- 10 (a) if a payment order has been made in respect of the enforcement order; (b) if an attachment of earnings order has been made; (c) if an attachment of debts order has been 15 made. (2) An infringement warrant stayed under subsection (1) remains issued and enforceable until the stay ceases and, in accordance with section 94, on cessation of 20 the stay-- (a) if a period of 5 years after the infringement warrant was first issued has passed--the infringement warrant is null and void; or 25 (b) if a period of 5 years after the infringement warrant was first issued has not passed--the infringement warrant remains enforceable. (3) An infringement warrant issued by an 30 infringements registrar may be stayed under this section by-- (a) that infringements registrar; or 561324B.I-14/10/2009 34 BILL LA INTRODUCTION 14/10/2009

 


 

Justice Legislation Miscellaneous Amendments Bill 2009 Part 6--Amendment to Infringements Act 2006 and Related Amendments to s. 49 Other Acts (b) another registrar from the same venue of the Court at which the infringement warrant was issued; or (c) a magistrate. 5 94B Fresh infringement warrant following expiry With the leave of the Court-- (a) a fresh infringement warrant may be issued for the same purpose as that for 10 which an infringement warrant that has become null and void under section 94 was issued; and (b) the fine in respect of which the infringement warrant that is null and 15 void because it has not been executed within 5 years after it was issued becomes enforceable or recoverable as if there had been no expiry.". 49 Direction not to renew driver licence or motor 20 vehicle registration In section 114(5) of the Infringements Act 2006-- (a) for "a person in default in respect of" substitute "subject to"; 25 (b) after "warrants" (where first occurring) insert ", whether or not the person has been served with a seven-day notice in respect of any of those warrants". 50 Division 1 of Part 10 repealed 30 Division 1 of Part 10 of the Infringements Act 2006 is repealed. 561324B.I-14/10/2009 35 BILL LA INTRODUCTION 14/10/2009

 


 

Justice Legislation Miscellaneous Amendments Bill 2009 Part 6--Amendment to Infringements Act 2006 and Related Amendments to s. 51 Other Acts 51 When can an attachment of earnings order be made? After section 123(1) of the Infringements Act 2006 insert-- 5 "(1A) An infringements registrar must not make an attachment of earnings order unless satisfied that, in respect of one or more infringement warrants issued against a person, the person owes a total amount outstanding which is not 10 less than the prescribed amount.". 52 New sections 128A and 128B inserted After section 128 of the Infringements Act 2006 insert-- "128A Allocation of money under attachment of 15 earnings order (1) An infringements registrar must allocate money received under an attachment of earnings order in order of priority based on the date of issue of an infringement warrant 20 with the amount outstanding under the oldest infringement warrant being paid out first. (2) The order of priority to be applied when payments under an attachment of earnings order are allocated applies-- 25 (a) to all attachment of earnings orders managed by an infringements registrar; and (b) regardless of the origin of the infringement notices to which the 30 attachment of earnings order applies. (3) If a person to whom an attachment of earnings order is directed overpays the amount to which the attachment of earnings order applies by continuing payments after 561324B.I-14/10/2009 36 BILL LA INTRODUCTION 14/10/2009

 


 

Justice Legislation Miscellaneous Amendments Bill 2009 Part 6--Amendment to Infringements Act 2006 and Related Amendments to s. 52 Other Acts the attachment of earnings order is satisfied, an infringements registrar may-- (a) refund the amount of the overpayment to the person in respect of whom the 5 attachment of earnings order was made and-- (i) the Consolidated Fund is hereby appropriated accordingly; or (ii) if the amount had been paid into 10 another fund or account, the amount is to be refunded from that fund or account; or (b) if the person in respect of whom the attachment of earnings order was made 15 has other outstanding enforcement orders that were not subject to the attachment of earnings order, apply the amount of the overpayment to those outstanding enforcement orders if the 20 person consents to the amount being so applied. 128B Infringement warrant stayed if attachment of earnings order made (1) If an infringements registrar makes an 25 attachment of earnings order, an infringement warrant that has been issued against the person in respect of whom the attachment of earnings order is made may be stayed by the infringements registrar in 30 accordance with section 94A. (2) A stay on an infringement warrant referred to in subsection (1) ceases on the discharge of the attachment of earnings order.". 561324B.I-14/10/2009 37 BILL LA INTRODUCTION 14/10/2009

 


 

Justice Legislation Miscellaneous Amendments Bill 2009 Part 6--Amendment to Infringements Act 2006 and Related Amendments to s. 53 Other Acts 53 When can an attachment of debts order be made? After section 129(1) of the Infringements Act 2006 insert-- "(1A) An infringements registrar must not make an 5 attachment of debts order unless satisfied that, in respect of one or more infringement warrants issued against a person, the person owes a total amount outstanding which is not less than the prescribed amount.". 10 54 New sections 133A and 133B inserted After section 133 of the Infringements Act 2006 insert-- "133A Allocation of money under attachment of debts order 15 (1) An infringements registrar must allocate money received under an attachment of debts order in order of priority based on the date of issue of an infringement warrant with the amount outstanding under the oldest 20 infringement warrant being paid out first. (2) The order of priority to be applied when payments under an attachment of debts order are allocated applies-- (a) to all attachment of debts orders 25 managed by an infringements registrar; and (b) regardless of the origin of the infringement notices to which the attachment of debts order applies. 30 (3) If a person to whom an attachment of debts order is directed overpays the amount to which the attachment of debts order applies by continuing payments after the attachment of debts order is satisfied, an infringements 35 registrar may-- 561324B.I-14/10/2009 38 BILL LA INTRODUCTION 14/10/2009

 


 

Justice Legislation Miscellaneous Amendments Bill 2009 Part 6--Amendment to Infringements Act 2006 and Related Amendments to s. 54 Other Acts (a) refund the amount of the overpayment to the person in respect of whom the attachment of debts order was made and-- 5 (i) the Consolidated Fund is hereby appropriated accordingly; or (ii) if the amount had been paid into another fund or account, the amount is to be refunded from that 10 fund or account; or (b) if the person in respect of whom the attachment of debts order was made has other outstanding enforcement orders that were not subject to the attachment 15 of debts order, apply the amount of the overpayment to those outstanding enforcement orders if the person consents to the amount being so applied. 20 133B Infringement warrant may be stayed if attachment of debts order made (1) If an infringements registrar makes an attachment of debts order, an infringement warrant that has been issued against the 25 person in respect of whom the attachment of debts order is made may be stayed by an infringements registrar in accordance with section 94A. (2) A stay on an infringement warrant referred to 30 in subsection (1) ceases on the discharge of the attachment of debts order.". 561324B.I-14/10/2009 39 BILL LA INTRODUCTION 14/10/2009

 


 

Justice Legislation Miscellaneous Amendments Bill 2009 Part 6--Amendment to Infringements Act 2006 and Related Amendments to s. 55 Other Acts 55 Section 134 substituted For section 134 of the Infringements Act 2006 substitute-- "134 Application of Part 5 This Part applies if enforcement action pursuant to an infringement warrant or under Part 8-- (a) has been unsuccessful or unsatisfactory; or 10 (b) is not possible; or (c) is not appropriate.". 56 Term of imprisonment in default of payment of outstanding fines (1) For section 161A(1) of the Infringements Act 15 2006 substitute-- "(1) A person who has one or more infringement warrants issued against him or her and who is in custody may request, in writing, the sheriff to apply to the court for an order for 20 that person to serve a period of imprisonment in default of payment of the outstanding fines under any one or more infringement warrants. (1A) On application under subsection (1), the 25 Court may order that the person be imprisoned for a period of one day in respect of each penalty unit, or part of a penalty unit, of the amount of the penalty units to which the outstanding fines under the infringement 30 warrant or warrants is an equivalent amount. 561324B.I-14/10/2009 40 BILL LA INTRODUCTION 14/10/2009

 


 

Justice Legislation Miscellaneous Amendments Bill 2009 Part 6--Amendment to Infringements Act 2006 and Related Amendments to s. 57 Other Acts (1B) If the Court makes an order under subsection (1A), the Court may count the time served by the person from the date the person requested the sheriff to make an application under 5 subsection (1) as time already served for the purposes of the term of imprisonment imposed under subsection (1A).". (2) In sections 161(2), (3) and (4), of the Infringements Act 2006, for "(1)" (wherever 10 occurring) substitute "(1A)". 57 Service of documents (1) In section 162(1) of the Infringements Act 2006, after paragraph (b) insert-- "(ba) by registered post; or". 15 (2) For section 162(2)(c) of the Infringements Act 2006 substitute-- "(c) subject to subsection (2A), an attachment of earnings order; or (ca) an attachment of debts order; or". 20 (3) After section 162(2) of the Infringements Act 2006 insert-- "(2A) An attachment of earnings order must be served on the person to whom the order is directed-- 25 (a) personally; or (b) by registered post.". 561324B.I-14/10/2009 41 BILL LA INTRODUCTION 14/10/2009

 


 

Justice Legislation Miscellaneous Amendments Bill 2009 Part 6--Amendment to Infringements Act 2006 and Related Amendments to s. 58 Other Acts Division 2--Amendment of Sentencing Act 1991 58 New section 16A inserted See: After section 16 of the Sentencing Act 1991 Act No. 49/1991. insert-- Reprint No. 11 5 as at "16A Person may consent to imprisonment in 15 January 2009 respect of unpaid fines and amending (1) A person who has one or more warrants Act Nos issued against him or her under section 62 46/2008, 7/2009 and and who is already in custody serving an 10 22/2009. uncompleted sentence of imprisonment may LawToday: www. request, in writing, the sheriff to apply to the legislation. court for an order for that person to serve a vic.gov.au period of imprisonment in default of payment of the outstanding fine or any 15 instalment under an instalment order under any one or more warrants. (2) The Court may order that the person be imprisoned in accordance with section 16(2) for a term calculated in accordance with 20 section 63. (3) If the Court makes an order under subsection (2), the Court may count the time served by the person from the date the person requested the sheriff to make an application under 25 subsection (1) as time already served for the purposes of the term of imprisonment imposed on the person under subsection (2). (4) A court may make an order under subsection (2) whether or not the person is brought 30 before the court.". 561324B.I-14/10/2009 42 BILL LA INTRODUCTION 14/10/2009

 


 

Justice Legislation Miscellaneous Amendments Bill 2009 Part 6--Amendment to Infringements Act 2006 and Related Amendments to s. 59 Other Acts Division 3--Other consequential amendments 59 Amendment of EastLink Project Act 2004 In section 219A(6)(c) of the EastLink Project Act 2004, after "2006" insert ", or if the person is 5 a child, elects to have the matter heard and determined in the Children's Court". 60 Amendment of Magistrates' Court Act 1989 See: Act No. 51/1989. (1) In section 3(1) of the Magistrates' Court Act Reprint No. 14 1989, in the definition of process, for "penalty as at 21 August 10 enforcement warrant," substitute "infringement 2008 warrant,". and amending (2) In section 38(1)(d) of the Magistrates' Court Act Act Nos 51/2006, 1989, for "section 158" substitute "section 156". 12/2008, 34/2008, (3) In section 60 of the Magistrates' Court Act 38/2008, 15 1989, for "a penalty enforcement warrant" 52/2008, 68/2008, (wherever occurring) substitute "an infringement 72/2008, warrant". 74/2008, 76/2008, 78/2008, 83/2008, 4/2009, 7/2009, 9/2009, 13/2009, 25/2009, 30/2009 and 50/2009. LawToday: www. legislation. vic.gov.au 61 Repeal of section 40G of Water Efficiency Labelling See: Act No. and Standards Act 2005 5/2005 and 20 Section 40G of the Water Efficiency Labelling amending Act No. and Standards Act 2005 is repealed. 32/2006. LawToday: www. legislation. vic.gov.au __________________ 561324B.I-14/10/2009 43 BILL LA INTRODUCTION 14/10/2009

 


 

Justice Legislation Miscellaneous Amendments Bill 2009 Part 7--Repeal of Amending Act s. 62 PART 7--REPEAL OF AMENDING ACT 62 Repeal of Amending Act This Act is repealed on 1 November 2011. 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). 561324B.I-14/10/2009 44 BILL LA INTRODUCTION 14/10/2009

 


 

Justice Legislation Miscellaneous Amendments Bill 2009 Endnotes ENDNOTES By Authority. Government Printer for the State of Victoria. 561324B.I-14/10/2009 45 BILL LA INTRODUCTION 14/10/2009

 


 

 


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