Victorian Bills Victorian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Police and Corrections (Amendment) Act 1997
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purposes 1
2. Commencement 2
PART 2--AMENDMENT OF CONTROL OF WEAPONS ACT
1990 3
3. Principal Act 3
4. New section 1 substituted 3
1. Purpose 3
5. Definitions 3
6. New section 8A inserted 3
8A. Control of body armour 3
7. Application of section 9 to body armour 5
8. Repeal of spent provisions 5
PART 3--AMENDMENT OF THE CORRECTIONS ACT 1986 6
9. Principal Act 6
10. New heading substituted for Division 3 of Part 2A 6
11. New section 9AA substituted 6
9AA. Agreements with the Chief Commissioner 6
12. Authorisation of certain staff 7
13. New section 9CAA inserted 9
9CAA. Transport functions 9
14. Use of reasonable force 10
15. Appointment of monitors 10
16. Supreme Court--limitation of jurisdiction 11
PART 4--AMENDMENT OF THE FIREARMS ACT 1996 12
17. Principal Act 12
18. Amendment of section 9--issue of longarms licences 12
19. Amendment of section 11--reasons for applying for category C
longarms licence 12
20. Amendment of section 18--issue of junior licences 13
531151B.I1-9/4/97
i
Clause Page
21. Amendment of section 20--discretion of Chief Commissioner to
refuse junior licence 14
22. Amendment of section 45--disposal of firearms where licence
not renewed 14
23. Amendment of section 53--disposal of firearms where licence
suspended or cancelled 15
24. Substitution of section 68 16
68. Licence conditions for dealers licences 16
25. Amendment of section 112--surrender of firearms acquired
under permit 17
26. Amendment of section 139--notification of change of address 17
27. Amendment of section 179--power of Chief Commissioner to
make approvals 17
28. Amendment of section 185--interstate licence holders,
temporary visitors 17
29. Amendment of section 189--application to be deemed not to be
a prohibited person 18
30. Insertion of new section 189A 18
189A. Indictable offences 18
31. Amendment of section 195--transitional provision 19
32. Amendment of sections 201 and 202--amendments to the
Magistrates' Court Act 1989 and the Crimes Act 1958 19
33. Amendment to Schedule 2--special conditions for licences 19
34. Amendment to Schedule 4--storage requirements 20
PART 5--AMENDMENT OF THE POLICE REGULATION ACT
1958 21
35. Principal Act 21
36. New section 16B substituted 21
16B. Incapacitated officers 21
37. Where charge found proven against a member 21
38. Definitions 22
39. Making of complaints by members of police force 23
40. New section 86M substituted 23
86M. Complaints made to a member of the force 23
41. Power to require answers 24
42. Application of complaints procedure to police reservists and
protective services officers 24
43. New section 109 substituted 24
109. Discipline 24
44. New section 118F substituted 25
118F. Discipline 25
45. Statute law revision 25
PART 6--OTHER AMENDMENTS 26
531151B.I1-9/4/97
ii
Clause Page
46. Children and Young Persons Act 1989--search powers 26
47. Children and Young Persons Act 1989--offence to escape 26
48. Crimes Act 1958--removal of accused persons to and from
detention 27
49. Crimes Act 1958--offence to escape 28
50. Crimes Act 1958--new Part 7 inserted 28
PART 7--GENERAL 28
585. Supreme Court--limitation of jurisdiction 28
51. Sentencing Act 1991--hospital orders 29
52. Indictable offences triable summarily 29
NOTES 33
531151B.I1-9/4/97
iii
PARLIAMENT OF VICTORIA
A BILL
to amend the Control of Weapons Act 1990, the Corrections Act
1986, the Firearms Act 1996 and the Police Regulation Act 1958
and
other Acts and for other purposes.
Police and Corrections (Amendment)
Act 1997
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purposes
The main purposes of this Act are--
(a) to amend the Control of Weapons Act 1990
5 to regulate body armour; and
531151B.I1-9/4/97
1
Police and Corrections (Amendment) Act 1997
s. 2
Act No.
(b) to amend the Corrections Act 1986 in
relation to the contracting out of the
transport of prisoners and detainees; and
(c) to amend the Firearms Act 1996 to make
5 further provision in respect of clay target
shooters; and
(d) to amend the Police Regulation Act 1958 to
improve the management, accountability and
ethical conduct of the Victorian police force;
10 and
(e) to make consequential amendments to the
Children and Young Persons Act 1989, the
Crimes Act 1958 and the Sentencing Act
1991.
15 2. Commencement
(1) This Part comes into operation on the day on
which this Act receives the Royal Assent.
(2) Section 32 is deemed to have come into operation
on 17 December 1996.
20 (3) Subject to sub-section (4), the remaining
provisions of this Act come into operation on a
day or days to be proclaimed.
(4) If a provision referred to in sub-section (3) does
not come into operation before 1 January 1998, it
25 comes into operation on that day.
_______________
531151B.I1-9/4/97
2
Police and Corrections (Amendment) Act 1997
s. 3
Act No.
PART 2--AMENDMENT OF CONTROL OF WEAPONS ACT
1990
3. Principal Act
No. 24/1990.
In this Part the Control of Weapons Act 1990 is
Reprint No.1
5 called the Principal Act. as at 18 April
1996.
4. New section 1 substituted
For section 1 of the Principal Act substitute--
"1. Purpose
The purpose of this Act is to regulate--
10 (a) weapons other than firearms; and
(b) body armour.".
5. Definitions
In section 3 of the Principal Act insert--
' "body armour" means a garment or item which
15 is designed, intended or adapted for the
purpose of protecting the body from the
effects of any weapon, including any firearm
within the meaning of section 3(1) of the
Firearms Act 1996;'.
20 6. New section 8A inserted
After section 8 of the Principal Act insert--
"8A. Control of body armour
(1) A person must not--
(a) bring body armour into Victoria; or
25 (b) cause body armour to be brought or
sent into Victoria; or
(c) manufacture, sell or purchase body
armour; or
531151B.I1-9/4/97
3
Police and Corrections (Amendment) Act 1997
s. 6
Act No.
(d) possess or use body armour--
without an exemption under this section or
the written approval of the Chief
Commissioner of Police.
5 Penalty: 60 penalty units or imprisonment
for 6 months.
(2) The Governor in Council may by Order
published in the Government Gazette--
(a) exempt any class of persons or any
10 class of body armour (whether by name
or description) from the operation of
any provision of this section; and
(b) specify conditions and limitations to
which an exemption under paragraph
15 (a) is subject.
(3) Any person may apply to the Chief
Commissioner of Police for approval under
this section.
(4) An application must be in the form approved
20 by the Chief Commissioner of Police and be
accompanied by the prescribed fee.
(5) Before granting an approval the Chief
Commissioner of Police must have regard to
the guidelines issued by the Minister under
25 sub-section (6).
(6) The Minister may issue general guidelines
relating to the granting of approvals under
this section.
(7) Any guidelines issued by the Minister under
30 sub-section (6) must be published in the
Government Gazette.
(8) An approval may be subject to any
conditions or limitations which the Chief
531151B.I1-9/4/97
4
Police and Corrections (Amendment) Act 1997
s. 7
Act No.
Commissioner of Police considers
appropriate.
(9) The Chief Commissioner of Police must
within 30 days after the end of each financial
5 year report to the Minister in a form
approved by the Minister setting out details
of all approvals given by the Chief
Commissioner of Police under this section in
the previous 12 months.".
10 7. Application of section 9 to body armour
In section 9 of the Principal Act for "regulated
weapon or dangerous article" (wherever
occurring) substitute "regulated weapon,
dangerous article or body armour".
15 8. Repeal of spent provisions
Sections 13(4), 13(5), 14, 15 16 and 17 of the
Principal Act are repealed.
_______________
531151B.I1-9/4/97
5
Police and Corrections (Amendment) Act 1997
s. 9
Act No.
PART 3--AMENDMENT OF THE CORRECTIONS ACT 1986
9. Principal Act
No. 117/1986.
In this Part the Corrections Act 1986 is called the
Reprint No. 2
Principal Act.
as at 10
August 1995.
Further
amended by
Nos 22/1996,
44/1996 and
45/1996.
5 10. New heading substituted for Division 3 of Part 2A
For the heading to Division 3 of Part 2A of the
Principal Act substitute--
"Division 3--Agreements with the Chief
Commissioner of Police".
10 11. New section 9AA substituted
For section 9AA of the Principal Act substitute--
'9AA. Agreements with the Chief Commissioner
(1) The Chief Commissioner of Police may, for
and on behalf of the Crown, enter into an
15 agreement with a person or body, including
the Secretary, for the provision by that
person or body of--
(a) custodial services in police gaols; or
(b) services related to the transport of--
20 (i) persons detained in a police gaol
to or from a police gaol; or
(ii) persons detained in custody in a
prison from the prison to a court
or police gaol or from a court to a
25 prison or police gaol; or
531151B.I1-9/4/97
6
Police and Corrections (Amendment) Act 1997
s. 12
Act No.
(iii) security patients or involuntary
patients within the meaning of the
Mental Health Act 1986 from an
approved mental health service
5 under that Act to a court or a
police gaol or from a court or
police gaol to a court or police
gaol or approved mental health
service; or
10 (iv) persons detained in a remand
centre, youth residential centre or
youth training centre within the
meaning of the Children and
Young Persons Act 1989 from
15 that centre to a court or a police
gaol or from a court or police gaol
to a court or police gaol or such a
centre; or
(c) services related to security in relation to
20 persons in the custody of the Chief
Commissioner of Police.
(2) In this section "transport" includes escort,
bring, transfer, convey, take and deliver.'.
12. Authorisation of certain staff
25 (1) After section 9A(1A) of the Principal Act
insert--
"(1B) The Chief Commissioner may, by
instrument, authorise a contractor under an
agreement entered into under section 9AA or
30 a sub-contractor of that contractor or a
person employed by that contractor or sub-
contractor--
(a) to carry out the transport of any persons
or class of persons in accordance with
531151B.I1-9/4/97
7
Police and Corrections (Amendment) Act 1997
s. 12
Act No.
that agreement and to detain those
persons while being transported; and
(b) to exercise all or any of the following
powers and functions--
5 (i) to give an order to a person being
transported which the authorised
person believes on reasonable
grounds is necessary for the safety
of the person being transported or
10 other persons;
(ii) to search and examine a person
being transported or any thing in
the person's possession or under
the person's control if the
15 authorised person believes on
reasonable grounds that this is
necessary for the safety of the
person being transported or other
persons;
20 (iii) to seize anything found on the
person being transported or in that
person's possession or under that
person's control if the authorised
person believes on reasonable
25 grounds that this is necessary for
the safety of the person being
transported or other persons;
(iv) to apply handcuffs to a person
being transported if the authorised
30 person believes on reasonable
grounds that the use of handcuffs
is necessary to prevent the escape
of the person being transported or
the assault of, or injury to, any
35 person.".
531151B.I1-9/4/97
8
Police and Corrections (Amendment) Act 1997
s. 13
Act No.
(2) In section 9A(3) of the Principal Act for "or (1A)"
substitute ", (1A) or (1B)".
(3) After section 9A(7) of the Principal Act insert--
'(8) In this section "transport" includes escort,
5 bring, transfer, convey, take and deliver.'.
(4) In section 9B(1A)(b) of the Principal Act after
"9A(1A)" insert "or (1B)".
(5) In section 9AC(1)(a) of the Principal Act after
"police gaol" insert "or any vehicle".
10 (6) In section 4(2)(f) of the Principal Act after
"1958" insert "or of the Chief Commissioner of
Police".
13. New section 9CAA inserted
After section 9CA of the Principal Act insert--
15 '9CAA. Transport functions
(1) If a person is authorised under section
9A(1B) to carry out the transport of any
person to or from a place, any provision of
an Act or regulation or of a warrant or order
20 of a court or of any order or instrument
under an Act which requires or authorises
(either expressly or by necessary
implication) a member of the police force
(by name or otherwise) to transport that
25 person to or from that place must be taken to
also authorise the person authorised under
section 9A(1B) to carry out that transport
function in place of a member of the police
force in accordance with that authorisation.
30 (2) Nothing in sub-section (1) prevents a
member of the police force from exercising
any function referred to in that sub-section or
any other function under the provision,
warrant, order or instrument.
531151B.I1-9/4/97
9
Police and Corrections (Amendment) Act 1997
s. 14
Act No.
(3) Despite anything to the contrary in any other
provision of this Act or in any other Act or
regulation or in any warrant, order or
instrument of any kind, a person who is
5 being transported to or from a place by a
person authorised under section 9A(1B) is
deemed to be in the custody of the Chief
Commissioner of Police while being so
transported.
10 (4) In this section "transport" includes escort,
bring, transfer, convey, take and deliver.'.
14. Use of reasonable force
In section 9CB(1) of the Principal Act--
(a) after "9A(1A)" insert "or 9A(1B)"; and
15 (b) after "section 11(7)" insert "or section
9CAA".
15. Appointment of monitors
(1) For section 9D(2) and (3) of the Principal Act
substitute--
20 "(2) Monitors appointed in relation to agreements
under section 8B(1) or 9(1) are responsible
to the Secretary for assessment and review of
the provision of services by contractors or
sub-contractors under those agreements and
25 have any other functions that may be
prescribed or specified by the Secretary.
(2A) Monitors appointed in relation to
agreements under section 9AA are
responsible to the Chief Commissioner of
30 Police for assessment and review of the
provision of services by contractors or sub-
contractors under those agreements and have
any other functions that may be prescribed or
specified by the Chief Commissioner.
531151B.I1-9/4/97
10
Police and Corrections (Amendment) Act 1997
s. 16
Act No.
(3) A monitor referred to in sub-section (2) must
make an annual report in writing to the
Secretary on his or her operations. That
report is to form part of the Department's
5 annual report under the Financial
Management Act 1994.
(3A) A monitor referred to in sub-section (2A)
must make an annual report in writing to the
Chief Commissioner of Police on his or her
10 operations. That report is to form part of the
Chief Commissioner's annual report under
the Financial Management Act 1994.".
(2) In section 9D(4) of the Principal Act for "or 9(1)"
substitute ", 9(1) or 9AA".
15 16. Supreme Court--limitation of jurisdiction
(1) In section 111A of the Principal Act before "It is
the intention" insert "(1)".
(2) At the end of section 111A of the Principal Act
insert--
20 "(2) It is the intention of section 9CB as amended
by the Police and Corrections
(Amendment) Act 1997 to alter or vary
section 85 of the Constitution Act 1975.".
_______________
25
531151B.I1-9/4/97
11
Police and Corrections (Amendment) Act 1997
s. 17
Act No.
PART 4--AMENDMENT OF THE FIREARMS ACT 1996
17. Principal Act
No. 66/1996.
In this Part the Firearms Act 1996 is called the
Principal Act.
5 18. Amendment of section 9--issue of longarms licences
In section 9 of the Principal Act, for sub-section
(3) substitute--
"(3) The Chief Commissioner may licence a
person to possess, carry or use--
10 (a) for the reason of clay target shooting--
(i) more than one registered category
C longarm, being shotguns, if the
Chief Commissioner is satisfied
that the person has a genuine need
15 to possess, carry or use more than
one such longarm; or
(ii) in any other case, not more than
one registered category C
longarm, being a shotgun; or
20 (b) for any other reason set out in section
11(1)(a)--
(i) not more than one registered
category C longarm, being a rifle;
and
25 (ii) not more than one registered
category C longarm, being a
shotgun.".
19. Amendment of section 11--reasons for applying for
category C longarms licence
30 (1) In section 11(1)(a) of the Principal Act--
531151B.I1-9/4/97
12
Police and Corrections (Amendment) Act 1997
s. 20
Act No.
(a) at the end of sub-paragraph (iv) omit "and";
(b) after sub-paragraph (iv) insert--
"(v) possessing a category C longarm,
being a shotgun, for carriage and use
5 by the holder of a junior licence for the
purpose of clay target shooting; and".
(2) In section 11(2) of the Principal Act, after
paragraph (d) insert--
"(e) possessing a category C longarm, being a
10 shotgun, for carriage and use by the holder
of a junior licence for the purpose of clay
target shooting, the applicant must--
(i) demonstrate that the person who carries
and uses the longarm is the holder of a
15 junior licence and is a member of a clay
target shooting club or organisation
approved by the Chief Commissioner;
and
(ii) be a member of a clay target shooting
20 club or organisation approved by the
Chief Commissioner;
(iii) demonstrate other prescribed
requirements;".
(3) In section 11(3) of the Principal Act, for "sub-
25 section (2)" substitute "this Act".
20. Amendment of section 18--issue of junior licences
(1) In section 18 of the Principal Act--
(a) before "The Chief Commissioner" insert
"(1)";
30 (b) for "or B" substitute ", B or C".
531151B.I1-9/4/97
13
Police and Corrections (Amendment) Act 1997
s. 21
Act No.
(2) At the end of section 18 of the Principal Act
insert--
"(2) The Chief Commissioner must not issue a
junior licence which authorises the carriage
5 or use of a category C longarm, being a
shotgun, unless the applicant can
demonstrate that the licence is required for
the reason of clay target shooting.
(3) For the purposes of demonstrating that a
10 junior licence is required for the reason of
clay target shooting, the applicant must--
(a) be a member of a clay target shooting
club or organisation approved by the
Chief Commissioner; and
15 (b) engage in clay target shooting at an
approved shooting range; and
(c) demonstrate other prescribed
requirements.".
21. Amendment of section 20--discretion of Chief
20 Commissioner to refuse junior licence
In section 20(b)(i) of the Principal Act, for "or B"
substitute ", B or C".
22. Amendment of section 45--disposal of firearms where
licence not renewed
25 In section 45 of the Principal Act, for sub-section
(1) substitute--
"(1) A person whose licence is not renewed does
not commit an offence under this Part if he
or she possesses or carries a firearm held
30 under that licence--
(a) if no application for review has been
made against the decision not to renew
531151B.I1-9/4/97
14
Police and Corrections (Amendment) Act 1997
s. 23
Act No.
the licence, for 28 days after the licence
expires, for the purposes of disposing
of the firearm; or
(b) if an application for review has been
5 made against the decision not to renew
the licence, for 28 days after the
confirmation of the decision, for the
purposes of disposing of the firearm.".
23. Amendment of section 53--disposal of firearms where
10 licence suspended or cancelled
In section 53 of the Principal Act, for sub-section
(4) substitute--
"(4) If a person has surrendered a firearm or
ammunition under this section or if a firearm
15 or ammunition has been seized from a person
under this section, that person must dispose
of that firearm or ammunition to a licensed
firearms dealer--
(a) if the surrender or seizure is as a
20 consequence of the making of an
intervention order under section 4 of
the Crimes (Family Violence) Act
1987--
(i) within 56 days of the making of
25 the order; or
(ii) if an application for a declaration
has been made under section 189
within 56 days of the making of
the order, within 28 days of a
30 decision not to make that
declaration; or
(b) if the surrender or seizure is as a
consequence of a decision of the Chief
Commissioner to cancel or suspend a
35 licence--
531151B.I1-9/4/97
15
Police and Corrections (Amendment) Act 1997
s. 24
Act No.
(i) if no application for review has
been made against the decision,
within 28 days of the making of
the decision; or
5 (ii) if an application for review of the
decision has been made, within 28
days of the confirmation of the
decision under that procedure; or
(c) if the surrender or seizure is as a
10 consequence of any other cancellation
of a licence, within 28 days of the
cancellation.
(5) If a person--
(a) has made an application for a
15 declaration under section 189 before
the commencement of this section but
that application has not been
determined before that commencement;
or
20 (b) makes an application for a declaration
under section 189 within 56 days of the
commencement of this section--
for the purposes of sub-section (4)(a)(ii), that
person is deemed to have made that
25 application within 56 days of the making of
the order.".
24. Substitution of section 68
For section 68 of the Principal Act substitute--
"68. Licence conditions for dealers licences
30 (1) A dealers licence is subject to any
conditions imposed on the licence or
the category of licence by the Chief
Commissioner.
531151B.I1-9/4/97
16
Police and Corrections (Amendment) Act 1997
s. 25
Act No.
(2) The holder of a dealers licence must
comply with any conditions to which
the licence is subject.
Penalty: 60 penalty units.".
5 25. Amendment of section 112--surrender of firearms
acquired under permit
In section 112(3) of the Principal Act, for
"licence" substitute "permit".
26. Amendment of section 139--notification of change of
10 address
In section 139 of the Principal Act, after "on the
licence" insert "or permit".
27. Amendment of section 179--power of Chief
Commissioner to make approvals
15 In section 179(1) of the Principal Act, after
"firearms safety courses," insert "firearms safety
instructors,".
28. Amendment of section 185--interstate licence
holders, temporary visitors
20 In section 185 of the Principal Act, after sub-
section (1) insert--
"(1A) A person who--
(a) is the holder of a licence issued in
another State or a Territory which
25 authorises the possession, carriage or
use of a category C longarm for the
purposes of clay target shooting; and
(b) ordinarily resides in the other State or
Territory--
30 is deemed to be the holder of a
corresponding licence under this Act for the
purposes of
531151B.I1-9/4/97
17
Police and Corrections (Amendment) Act 1997
s. 29
Act No.
taking part in a shooting competition which
is conducted by an approved clay target
shooting club or organisation.".
29. Amendment of section 189--application to be deemed
5 not to be a prohibited person
After section 189(2) of the Principal Act insert--
"(2A) A person who is making an application
under this section--
(a) must file a notice of that application
10 with the registrar of the Court; and
(b) must give written notice of the
application to--
(i) the Chief Commissioner; and
(ii) the person in whose favour the
15 intervention order has been
made--
within 28 days after filing the notice of
the application with the registrar.
(2B) The--
20 (a) Chief Commissioner; and
(b) person in whose favour the intervention
order has been made--
may appear before the Court to be heard on
the application.".
25 30. Insertion of new section 189A
After section 189 of the Principal Act insert--
"189A. Indictable offences
Offences against sections 5(1) and (2), 6(5),
36(3), 45(5), 53(1), 59(2), 83, 93(3), 94(3),
30 95(3), 96(3), 99(3), 100(3), 102(3), 115(1),
531151B.I1-9/4/97
18
Police and Corrections (Amendment) Act 1997
s. 31
Act No.
116(1), 121(3), 122(2), 123(3), 126(3),
127(3), 132(2), 134(1), (2) and (3), 135(3),
136, 137 and 138 are indictable offences.".
31. Amendment of section 195--transitional provision
5 In section 195(3) of the Principal Act, for "section
177" substitute "section 193".
32. Amendment of sections 201 and 202--amendments to
the Magistrates' Court Act 1989 and the Crimes Act
1958
10 (1) In the proposed amendment to Schedule 4 to the
Magistrates' Court Act 1989 by section 201(3)
of the Principal Act, for "section 32" substitute
"section 31A".
(2) In the proposed insertion of section 32 in the
15 Crimes Act 1958 by section 202 of the Principal
Act, for "32." substitute "31A.".
33. Amendment to Schedule 2--special conditions for
licences
(1) In item 2 of Schedule 2 to the Principal Act, after
20 paragraph (2) insert--
"(3) If the holder of the licence is authorised to
possess a firearm for carriage and use by the
holder of a junior licence for the purpose of
clay target shooting--
25 (a) the holder of the licence must remain a
member of a clay target shooting club
or organisation approved by the Chief
Commissioner for the period of the
licence; and
30 (b) the person who carries and uses the
firearm must remain the holder of a
junior licence and a member of a clay
target shooting club for the period of
the licence.".
531151B.I1-9/4/97
19
Police and Corrections (Amendment) Act 1997
s. 34
Act No.
(2) In item 4 of Schedule 2 to the Principal Act, for
paragraph (1) substitute--
"(1) If the holder of the licence--
(a) is authorised to carry or use a category
5 A or B longarm, the holder must not
carry or use such a longarm except
under the immediate supervision of a
person who is the holder of a longarm
licence for category A or B longarms;
10 (b) is authorised to carry or use a category
C longarm, the holder must not carry or
use such a longarm except under the
immediate supervision of a person who
is the holder of a longarm licence for
15 category C longarms which authorises
the possession, carriage and use of
category C longarms for the purposes
of clay target shooting;
(c) is authorised to carry or use a handgun,
20 the holder must not carry or use such a
handgun except under the immediate
supervision of a person who is the
holder of a handgun licence.".
34. Amendment to Schedule 4--storage requirements
25 In item 5(b) of Schedule 4 to the Principal Act, for
"firearm" substitute "ammunition".
_____________
531151B.I1-9/4/97
20
Police and Corrections (Amendment) Act 1997
s. 35
Act No.
PART 5--AMENDMENT OF THE POLICE REGULATION
ACT 1958
35. Principal Act
No. 6338.
In this Part the Police Regulation Act 1958 is
Reprint No.7
5 called the Principal Act. as at 1
February
1997.
36. New section 16B substituted
For section 16B of the Principal Act substitute--
"16B. Incapacitated officers
(1) The Chief Commissioner may of his or her
10 own volition or at the request of a member of
the force inquire into the fitness and capacity
of the member to discharge the duties of his
or her office.
(2) In connection with that inquiry the Chief
15 Commissioner may require the member to
submit himself or herself for examination by
the Police Medical Officer or by a registered
medical practitioner (within the meaning of
the Medical Practice Act 1994) nominated
20 by the Chief Commissioner.
(3) If the Chief Commissioner is satisfied that
the member is incapacitated for the
performance of his or her duty by infirmity
of mind or body he or she may cause the
25 member to be retired.".
37. Where charge found proven against a member
For section 80(1)(a) to (g) of the Principal Act
substitute--
"(a) do one or more of the following--
531151B.I1-9/4/97
21
Police and Corrections (Amendment) Act 1997
s. 38
Act No.
(i) reprimand the member;
(ii) reduce rank or seniority of the member;
(iii) reduce the remuneration of the
member; or
5 (b) require the member to be of good behaviour
for a period not exceeding 12 months; or
(c) impose a fine not exceeding 40 penalty units;
or
(d) transfer the member to other duties; or
10 (e) dismiss the member.".
38. Definitions
(1) In section 86A of the Principal Act for the
definition of "conduct" substitute--
' "conduct", in relation to a member of the force,
15 means--
(a) an act or decision or the failure or
refusal by the member to act or make a
decision in the exercise, performance or
discharge, or purported exercise,
20 performance or discharge, whether
within or outside Victoria, of a power,
function or duty which the member has
as or, by virtue of being, a member of
the force; or
25 (b) conduct which constitutes an offence
punishable by imprisonment; or
(c) conduct which is likely to bring the
force into disrepute or diminish public
confidence in it; or
30 (d) disgraceful or improper conduct
(whether in the member's official
capacity or otherwise);'.
531151B.I1-9/4/97
22
Police and Corrections (Amendment) Act 1997
s. 39
Act No.
(2) In section 86A of the Principal Act insert--
' "serious misconduct", in relation to a member
of the force, means--
(a) conduct which constitutes an offence
5 punishable by imprisonment; or
(b) conduct which is likely to bring the
force into disrepute or diminish public
confidence in it; or
(c) disgraceful or improper conduct
10 (whether in the member's official
capacity or otherwise);'.
39. Making of complaints by members of police force
(1) In section 86L(2)(a) of the Principal Act after
"force" insert "except as set out in sub-section
15 (2A)".
(2) After section 86L(2) of the Principal Act insert--
"(2A) A member of the force may make a
complaint to the Deputy Ombudsman about
the serious misconduct of a member of the
20 force.".
40. New section 86M substituted
(1) For section 86M of the Principal Act substitute--
"86M. Complaints made to a member of the force
(1) The Chief Commissioner must investigate a
25 complaint made to a member of the police
force about the serious misconduct of a
member of the police force.
(2) The Chief Commissioner must as soon as
practicable after a complaint of serious
30 misconduct is made give to the Deputy
Ombudsman in writing the prescribed details
of the complaint.
531151B.I1-9/4/97
23
Police and Corrections (Amendment) Act 1997
s. 41
Act No.
(3) The Chief Commissioner must as soon as
practicable after commencing an
investigation into any alleged serious
misconduct by a member of the force give to
5 the Deputy Ombudsman in writing the
prescribed details of the investigation.".
41. Power to require answers
(1) In section 86Q(1) of the Principal Act for "offence
under section 88" substitute "breach of discipline
10 under section 69".
(2) For section 86Q(2) of the Principal Act
substitute--
"(2) A member of the force who does not comply
with a direction commits a breach of
15 discipline and is liable to be dealt with as for
a breach of discipline under section 69.".
(3) In section 86Q(3) of the Principal Act for "for an
offence under section 88" substitute "for a breach
of discipline under section 69".
20 42. Application of complaints procedure to police
reservists and protective services officers
(1) In section 103(3) of the Principal Act after
"twenty-four" insert "and Parts IV and IVA".
(2) For section 118B(2) of the Principal Act
25 substitute--
"(2) Officers are not members of the force except
for the purposes of Parts IV and IVA.".
43. New section 109 substituted
For section 109 of the Principal Act substitute--
30 "109. Discipline
For the purpose of maintaining discipline a
police reservist is subject, as far as is
531151B.I1-9/4/97
24
Police and Corrections (Amendment) Act 1997
s. 44
Act No.
applicable, to Part IV and any regulations
made for the purposes of that Part, and to the
standing orders and instructions issued by
the Chief Commissioner.".
5 44. New section 118F substituted
For section 118F of the Principal Act
substitute--
"118F. Discipline
For the purpose of maintaining discipline, an
10 officer is subject, as far as is applicable, to
Part IV and any regulations made for the
purposes of that Part, and to the standing
orders and instructions issued by the Chief
Commissioner.".
15 45. Statute law revision
The Principal Act is amended as follows--
(a) in sections 4E(1) and 6A(1)(d) for "Public
Service Act 1974" substitute "Public
Sector Management Act 1992";
20 (b) the heading "Police Pensions Fund"
following section 54 is repealed;
(c) for the heading to Division 4 of Part 3
substitute "Division 4--ESS Board";
(d) in section 91B(2) for "to the term"
25 substitute "of the term".
(e) clause 3(3) of Schedule 1A is repealed.
_______________
531151B.I1-9/4/97
25
Police and Corrections (Amendment) Act 1997
s. 46
Act No.
PART 6--OTHER AMENDMENTS
46. Children and Young Persons Act 1989--search
powers
(1) After section 256A(2)(b) of the Children and
5 Young Persons Act 1989 insert--
"(ba) if in his or her opinion it is necessary to do
so in the interests of the safety and security
of the person or any person in the centre or
with whom the person may come into
10 contact on leaving the centre, cause a person
detained in the centre to submit to search and
examination of the person and of any article
or thing (including a letter) in the person's
possession or under the person's control if
15 there is reasonable cause to believe that the
article or thing--
(i) is of a kind referred to in paragraph
(a)(ii); or
(ii) jeopardises or is likely to jeopardise the
20 security or safety of the person or any
person in the centre or with whom the
person may come into contact on
leaving the centre;".
(2) In section 256A(3) of the Children and Young
25 Persons Act 1989 after "persons in it" insert "or,
in the case of a search under sub-section (2)(ba) is
likely to jeopardise the safety and security of the
person subjected to the search or any person with
whom that person may come into contact".
30 47. Children and Young Persons Act 1989--offence to
escape
In section 267(1) of the Children and Young
Persons Act 1989 after "custody"(where first
531151B.I1-9/4/97
26
Police and Corrections (Amendment) Act 1997
s. 48
Act No.
occurring) insert "of the Chief Commissioner of
Police or".
48. Crimes Act 1958--removal of accused persons to and
from detention
5 (1) In section 361(1) of the Crimes Act 1958 for
"removed" substitute "caused to be removed".
(2) In section 361(2) of the Crimes Act 1958--
(a) omit "and for and during the time of his
being detained in any prison"; and
10 (b) after "member of the police force" insert "or
other officer".
(3) After section 361(3) of the Crimes Act 1958
insert--
"(4) This section extends and applies--
15 (a) to any accused person in custody in a
police gaol, as if--
(i) any reference to a prison were a
reference to the police gaol; and
(ii) any reference to the officer in
20 charge of a prison were a
reference to the Chief
Commissioner of Police; and
(b) to any accused person detained in an
approved mental health service within
25 the meaning of the Mental Health Act
1986, as if--
(i) any reference to a prison were a
reference to the approved mental
health service; and
30 (ii) any reference to the officer in
charge of a prison were a
reference to the authorised
531151B.I1-9/4/97
27
Police and Corrections (Amendment) Act 1997
s. 49
Act No.
psychiatrist of the approved
mental health service; and
(c) to any accused person in custody in a
remand centre, youth residential centre
5 or youth training centre within the
meaning of the Children and Young
Persons Act 1989, as if--
(i) any reference to a prison were a
reference to the remand centre,
10 youth residential centre or youth
training centre; and
(ii) any reference to the officer in
charge of a prison were a
reference to the Secretary to the
15 Department of Human Services.".
49. Crimes Act 1958--offence to escape
(1) In section 479C(1)(b) of the Crimes Act 1958
after "Justice," insert "the Chief Commissioner of
Police,".
20 (2) In section 479C(4) of the Crimes Act 1958 after
"Justice" insert "or the Chief Commissioner of
Police".
50. Crimes Act 1958--new Part 7 inserted
After Part 6 of the Crimes Act 1958 insert--
25 "PART 7--GENERAL
585. Supreme Court--limitation of jurisdiction
It is the intention of section 361 as amended
by the Police and Corrections
(Amendment) Act 1997 to alter or vary
30 section 85 of the Constitution Act 1975.".
531151B.I1-9/4/97
28
Police and Corrections (Amendment) Act 1997
s. 51
Act No.
51. Sentencing Act 1991--hospital orders
After section 94(2) of the Sentencing Act 1991
insert--
"(3) Unless the court otherwise directs, a member
5 of the police force may by authority of this
section exercise the power of a person
named in the order in place of that person to
take an offender to or from an approved
mental health service.
10 (4) An offender who is being taken by a member
of the police force to or from an approved
mental health service under an order under
this Part is deemed to be in the custody of
the Chief Commissioner of Police while
15 being so taken.".
52. Indictable offences triable summarily
In Schedule 4 to the Magistrates' Court Act
1989, after item 49 insert--
"49A. Offence for prohibited person to possess, carry or use
20 a firearm
Offences under section 5(1) and (2) of the Firearms
Act 1996.
49B. Offence for a non-prohibited person to possess, carry
or use a longarm without a licence
25 Offences under section 6(5) of the Firearms Act 1996.
49C. Offence not to comply with licence conditions of
longarm licence
Offences under section 36(3) of the Firearms Act
1996.
30 49D. Failure to dispose of firearms where licence not
renewed
Offences under section 45(5) of the Firearms Act
1996.
531151B.I1-9/4/97
29
Police and Corrections (Amendment) Act 1997
s. 52
Act No.
49E. Failure to surrender firearms or licence document
Offences under section 53(1) of the Firearms Act
1996.
49F. Offence to carry on business of dealing in firearms
5 Offences under section 59(2) of the Firearms Act
1996.
49G. Failure to surrender firearms or licence document
Offences under section 83 of the Firearms Act 1996.
49H. Acquisition of firearms from particular persons
10 Offences under section 93(3) of the Firearms Act
1996.
49I. Disposal of firearms to particular persons
Offences under section 94(3) of the Firearms Act
1996.
15 49J. Acquisition of firearm from person who is not a
licensed dealer
Offences under section 95(3) of the Firearms Act
1996.
49K. Disposal of firearm to a person who is not a licensed
20 dealer
Offences under section 96(3) of the Firearms Act
1996.
49L. Acquisition of firearm from place outside the State
Offences under section 99(3) of the Firearms Act
25 1996.
49M. Disposal of firearm to place outside the State
Offences under section 100(3) of the Firearms Act
1996.
49N. Acquisition of firearm without a permit
30 Offences under section 102(3) of the Firearms Act
1996.
531151B.I1-9/4/97
30
Police and Corrections (Amendment) Act 1997
s. 52
Act No.
49O. Notice of bringing of firearm into the State
Offences under section 115(1) of the Firearms Act
1996.
49P. Notice of removal of firearm from the State
5 Offences under section 116(1) of the Firearms Act
1996.
49Q. Storage of longarms and handguns
Offences under section 121(3) of the Firearms Act
1996.
10 49R. Storage of firearms held under collectors licences
Offences under section 122(2) of the Firearms Act
1996.
49S. Storage of firearms under dealers licences
Offences under section 123(3) of the Firearms Act
15 1996.
49T. Safekeeping of firearms during carriage
Offences under section 126(3) of the Firearms Act
1996.
49U. Use of firearm by person other than possessor
20 Offences under section 127(3) of the Firearms Act
1996.
49V. Carriage and use of firearms
Offences under section 132(2) of the Firearms Act
1996.
25 49W. Offence to alter a firearm
Offences under sub-section (1), (2) and (3) of section
134 of the Firearms Act 1996.
49X. Offence to own a firearm without a licence to possess
Offences under section 135(3) of the Firearms Act
30 1996.
49Y. Offence to dispose of a firearm to a minor
Offences under section 136 of the Firearms Act 1996.
531151B.I1-9/4/97
31
Police and Corrections (Amendment) Act 1997
s. 52
Act No.
49Z. Offence to alter documents
Offences under section 137 of the Firearms Act 1996.
49ZA. False entries in registers
Offences under section 138 of the Firearms Act
5 1996.".
531151B.I1-9/4/97
32
Police and Corrections (Amendment) Act 1997
Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
531151B.I1-9/4/97
33
[Index] [Search] [Download] [Related Items] [Help]