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PARLIAMENT OF VICTORIA
Corrections and Other Justice Legislation
(Amendment) Act 2006
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purposes 1
2. Commencement 2
PART 2--AMENDMENT OF THE CORRECTIONS ACT 1986 3
3. Amendment of definition 3
4. Meaning of order of imprisonment 3
5. Information which may be given to victim 3
6. Warrants issued by Adult Parole Board 7
7. New Divisions 6 and 7 inserted in Part 8 8
Division 6--Change of Name Applications by prisoners
released on parole 8
79. Application of Division 8
79A. Definitions 8
79B. Applications for change of name by or on behalf of a
prisoner on parole 9
79C. Approval by Board 9
79D. Approval to be notified in writing 10
79E. Registration of change of name 10
79F. Registrar may correct Register 11
79G. Lapse of application on cancellation of parole 11
79H. Information-sharing between the Secretary and the
Victorian Registrar 11
Division 7--Warrants 12
79I. Execution of warrants 12
79J. Recall and cancellation of warrants 12
79K. Duplicate warrants 12
8. New section 115B inserted 13
115B. Transitional provision--Corrections and Other
Justice Legislation (Amendment) Act 2006 13
9. Statute law revision 14
i
551469B.A1-20/7/2006 BILL LA AS SENT 20/7/2006
Clause Page
PART 3--AMENDMENT OF THE SERIOUS SEX OFFENDERS
MONITORING ACT 2005 15
10. Definition inserted 15
11. New section 7A inserted 15
7A. Secretary may direct offender to attend for
examination 15
12. Hearing of application 16
13. New sections 16A and 16B inserted 16
16A. Victim submissions 16
16B. How victim submissions are dealt with by the Adult
Parole Board 17
14. Expiry of extended supervision order 18
15. Procedure on review application 19
16. Court order to attend for examination 19
17. Court may have regard to lack of personal examination 20
18. Appeals 20
19. Breach of extended supervision order 20
20. New Part 4A inserted 21
PART 4A--CHANGE OF NAME 21
41A. Application of Part 21
41B. Definitions 21
41C. Applications for change of name by or on behalf of an
offender 21
41D. Approval by Board 22
41E. Approval to be notified in writing 22
41F. Registration of change of name 23
41G. Registrar may correct Register 23
41H. Lapse of application on suspension of extended
supervision order 24
41I. Information-sharing between the Secretary and the
Victorian Registrar 24
21. New section 49 inserted 25
49. Transitional 25
PART 4--AMENDMENT OF THE FIREARMS ACT 1996 26
22. Disposal of forfeited firearms 26
23. Repeal 26
ENDNOTES 27
ii
551469B.A1-20/7/2006 BILL LA AS SENT 20/7/2006
PARLIAMENT OF VICTORIA
Initiated in Assembly 6 June 2006
As amended by Assembly 19 July 2006
A BILL
to amend the Corrections Act 1986, the Serious Sex Offenders
Monitoring Act 2005, the Firearms Act 1996 and the Firearms
(Further Amendment) Act 2005 and for other purposes.
Corrections and Other Justice
Legislation (Amendment) Act 2006
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purposes
The purposes of this Act are--
(a) to make miscellaneous amendments to the
Corrections Act 1986 and the Serious Sex
5
Offenders Monitoring Act 2005;
1
551469B.A1-20/7/2006 BILL LA AS SENT 20/7/2006
Corrections and Other Justice Legislation (Amendment) Act
2006
Act No.
Part 1--Preliminary
s. 2
(b) to amend the Firearms Act 1996 and the
Firearms (Further Amendment) Act 2005
in relation to the disposal of forfeited
firearms;
(c) to make amendments of a statute law
5
revision nature.
2. Commencement
(1) This Act, except sections 5, 12(1), 13 and 18,
comes into operation on the day after the day on
which it receives the Royal Assent.
10
(2) Subject to sub-section (3), sections 5, 12(1), 13
and 18 come into operation on a day or days to be
proclaimed.
(3) If a provision referred to in sub-section (2) does
not come into operation before 1 October 2006, it
15
comes into operation on that day.
__________________
2
551469B.A1-20/7/2006 BILL LA AS SENT 20/7/2006
Corrections and Other Justice Legislation (Amendment) Act
2006
Act No.
Part 2--Amendment of the Corrections Act 1986
s. 3
See:
PART 2--AMENDMENT OF THE CORRECTIONS ACT 1986
Act No.
117/1986.
3. Amendment of definition Reprint No. 6
as at
In section 3(1) of the Corrections Act 1986, in 9 March 2006
and
the definition of "offender", after "offender" amending
insert ", other than in sections 30A to 30I,".
5 Act Nos
11/1993 (as
amended by
4. Meaning of order of imprisonment Act Nos
45/1996 and
In section 6(d) of the Corrections Act 1986, for 11/2002),
"an order issued under Part III of the Transfer of 53/2003,
69/2005,
Prisoners Act 1985 of the Commonwealth" 97/2005,
substitute "a transfer order made under the
10 23/2006 and
24/2006.
Transfer of Prisoners Act 1983 of the LawToday:
Commonwealth or an order made under section 31 www.dms.
dpc.vic.
of that Act that provides for the transfer of a gov.au
person from another State or a Territory to
Victoria".
15
5. Information which may be given to victim
(1) In section 30A(1) of the Corrections Act 1986--
(a) in paragraph (d)(i) of the definition of
"victim", after "prisoner" insert "or of an
offender who is or was subject to an
20
extended supervision order, or an application
for an extended supervision order";
(b) in paragraph (d)(ii) of the definition of
"victim", after "prisoner" insert "or the
offender, as the case may be";
25
(c) insert the following definitions--
' "extended supervision order" means an
extended supervision order within the
meaning of the Serious Sex Offenders
Monitoring Act 2005;
30
"relevant offence" means a relevant offence
within the meaning of the Serious Sex
Offenders Monitoring Act 2005;'.
3
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Corrections and Other Justice Legislation (Amendment) Act
2006
Act No.
Part 2--Amendment of the Corrections Act 1986
s. 5
(2) After section 30A(2) of the Corrections Act 1986
insert--
"(2AA) Subject to sub-section (2AB) and
section 30G, the Secretary may give a person
included on the victims register in respect of
5
a relevant offence for which an offender is or
was subject to an extended supervision order,
or an application for an extended supervision
order, some or all of the following
information in respect of the offender--
10
(a) the making of an application for an
extended supervision order and whether
such an order was made, whether on
appeal or otherwise;
(b) if an extended supervision order is
15
made or renewed--
(i) the date on which it commences,
the period of the order and any
instructions or directions, or any
variation of the instructions or
20
directions, given to the offender
by the Adult Parole Board under
section 16(2) of the Serious Sex
Offenders Monitoring Act 2005
that are relevant to the person;
25
(ii) details of any changes affecting
the operation of the order;
(c) if the extended supervision order is
suspended or revoked, the date of
suspension or revocation, and the date
30
on which a suspended order
recommences operation.
4
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Corrections and Other Justice Legislation (Amendment) Act
2006
Act No.
Part 2--Amendment of the Corrections Act 1986
s. 5
(2AB) Sub-section (2AA) applies--
(a) despite an order made under section 42
of the Serious Sex Offenders
Monitoring Act 2005 unless the order
expressly prohibits publication to a
5
victim; and
(b) despite sections 43 and 44 of the
Serious Sex Offenders Monitoring
Act 2005.".
(3) In section 30A(2A) of the Corrections Act 1986,
10
after "sub-section (2)" insert "or (2AA)".
(4) In section 30A(3) of the Corrections Act 1986,
for "the safety or welfare of any other person"
substitute "the safety or welfare of the offender or
the safety or welfare of any other person".
15
(5) In section 30C(1) of the Corrections Act 1986,
for "A person" substitute "Subject to sub-
section (4), a person".
(6) In section 30C(2) of the Corrections Act 1986,
for "A person" substitute "Subject to sub-
20
section (4), a person".
(7) In section 30C(3) of the Corrections Act 1986--
(a) in paragraph (a), for "being committed by a
prisoner against that person;" substitute--
"being committed by--
25
(i) a prisoner; or
(ii) an offender who is or was subject to an
extended supervision order, or an
application for an extended supervision
order--
30
against that person;";
5
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Corrections and Other Justice Legislation (Amendment) Act
2006
Act No.
Part 2--Amendment of the Corrections Act 1986
s. 5
(b) in paragraph (b), for "imprisonment."
substitute "imprisonment; or";
(c) after paragraph (b) insert--
"(c) can demonstrate, to the satisfaction of
the Secretary, a substantial connection
5
to the relevant offence for which the
offender is or was subject to an
extended supervision order, or an
application for an extended supervision
order.".
10
(8) After section 30C(3) of the Corrections Act 1986
insert--
"(4) If a person makes an application under
section 30B after the expiry of the relevant
sentence of imprisonment or the relevant
15
extended supervision order, the Secretary is
not required to include the person on the
victims register.".
(9) After section 30D(2)(a)(ii) of the Corrections Act
1986 insert--
20
"(iia) the safety or welfare of the offender; or".
(10) In section 30G of the Corrections Act 1986, for
"next of kin of the person against whom the
relevant offence for which the prisoner is serving
a sentence of imprisonment was committed."
25
substitute "next of kin of--
(a) the person against whom the offence for
which the prisoner is serving a sentence of
imprisonment was committed; or
(b) the person against whom the relevant offence
30
was committed for which the offender is or
was subject to an extended supervision order,
or an application for an extended supervision
order.".
6
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Corrections and Other Justice Legislation (Amendment) Act
2006
Act No.
Part 2--Amendment of the Corrections Act 1986
s. 6
(11) In section 30I of the Corrections Act 1986--
(a) in sub-sections (1), (2) and (3), after
"prisoner" insert "or offender";
(b) in sub-section (5), for the definition of
"information relating to the personal affairs
5
of a prisoner" substitute--
' "information relating to the personal
affairs of a prisoner or an offender"
includes information, including
photographs, fingerprints, samples and
10
results of tests--
(a) that identifies the prisoner or
offender or discloses his or her
address or location; or
(b) from which any other person's
15
identity, address or location can
reasonably be determined--
but does not include information that is
in the public domain.'.
6. Warrants issued by Adult Parole Board
20
(1) In sections 60M(10) and 60R(2)(b) of the
Corrections Act 1986, after "member of the
police force" insert "to break, enter and search
any place where the offender is reasonably
believed to be and".
25
(2) In section 77(6)(a) of the Corrections Act 1986,
after "Board," insert "to break, enter and search
any place where the prisoner is reasonably
believed to be and".
7
551469B.A1-20/7/2006 BILL LA AS SENT 20/7/2006
Corrections and Other Justice Legislation (Amendment) Act
2006
Act No.
Part 2--Amendment of the Corrections Act 1986
s. 7
(3) For section 77(6)(b) of the Corrections Act 1986
substitute--
"(b) whether or not a warrant is issued under
paragraph (a), authorise the making of an
application to a magistrate for a warrant--
5
(i) authorising any member of the police
force to break, enter and search any
place where the prisoner is reasonably
believed to be and to arrest the prisoner
and return the prisoner to prison; or
10
(ii) authorising any other officer to arrest
the prisoner and return the prisoner to
prison.".
7. New Divisions 6 and 7 inserted in Part 8
After Division 5 of Part 8 of the Corrections Act
15
1986 insert--
'Division 6--Change of Name Applications by
prisoners released on parole
79. Application of Division
This Division applies despite anything to the
20
contrary in the Births, Deaths and
Marriages Registration Act 1996.
79A. Definitions
In this Division--
"change of name application" means an
25
application by or on behalf of a
prisoner on parole for registration of a
change of the prisoner's name;
"prisoner on parole" means a prisoner
released on parole that is not
30
subsequently cancelled or deemed to
have been cancelled;
8
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Corrections and Other Justice Legislation (Amendment) Act
2006
Act No.
Part 2--Amendment of the Corrections Act 1986
s. 7
"Victorian Registrar" means Registrar of
Births, Deaths and Marriages under the
Births, Deaths and Marriages
Registration Act 1996.
79B. Applications for change of name by or on
5
behalf of a prisoner on parole
(1) In this section, "Registrar" means--
(a) the Victorian Registrar; or
(b) an authority responsible under a law of
another State or a Territory for the
10
registration of births, deaths and
marriages.
(2) A prisoner on parole must not make a change
of name application to a Registrar without
having first obtained the written approval of
15
the Board.
Penalty: 5 penalty units.
(3) A person must not make a change of name
application to a Registrar on behalf of a
prisoner on parole unless the written
20
approval of the Board is first obtained.
Penalty: 5 penalty units.
79C. Approval by Board
(1) Subject to sub-section (2), the Board may
only approve a change of name application if
25
the Board is satisfied that the change of
name is in all the circumstances necessary or
reasonable.
(2) The Board must not approve a change of
name application if the Board is satisfied that
30
the change of name would, if registered, be
reasonably likely--
9
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Corrections and Other Justice Legislation (Amendment) Act
2006
Act No.
Part 2--Amendment of the Corrections Act 1986
s. 7
(a) to be regarded as offensive by a victim
of crime or an appreciable sector of the
community; or
(b) to be used to evade or hinder
supervision of the prisoner on parole
5
during the parole period.
79D. Approval to be notified in writing
If the Board approves a change of name
application, the Board must--
(a) as soon as practicable, give written
10
notice of the approval to the person
who made the application; and
(b) if the prisoner on parole consents, give
a copy of the written notice of approval
to the Victorian Registrar.
15
79E. Registration of change of name
(1) The Victorian Registrar must not register a
change of name under the Births, Deaths
and Marriages Registration Act 1996 if--
(a) the Victorian Registrar knows that--
20
(i) the application for the change of
name is made by or on behalf of a
prisoner on parole; and
(ii) the change of name relates to the
name of the prisoner on parole;
25
and
(b) the Victorian Registrar has not received
a copy of the notice of approval of the
Board to the application under
section 79D.
30
10
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Corrections and Other Justice Legislation (Amendment) Act
2006
Act No.
Part 2--Amendment of the Corrections Act 1986
s. 7
(2) If the Victorian Registrar does not register a
change of name because of the operation of
sub-section (1), the Victorian Registrar must
give written notice of the application to the
Secretary of the Board.
5
79F. Registrar may correct Register
Without limiting section 43 of the Births,
Deaths and Marriages Registration Act
1996, the Victorian Registrar may correct the
Register under that section if--
10
(a) the name of a prisoner on parole on the
Register was changed because of a
change of name application; and
(b) the Board had not approved that change
of name application under section 79C.
15
79G. Lapse of application on cancellation of
parole
A change of name application under this
Division by or on behalf of a prisoner on
parole lapses if--
20
(a) the prisoner's parole is cancelled or
deemed to be cancelled under
section 77; and
(b) the Victorian Registrar has not
registered the change of name before
25
that cancellation.
79H. Information-sharing between the
Secretary and the Victorian Registrar
Despite any other law to the contrary--
(a) the Secretary must notify the Victorian
30
Registrar of the name (including any
other name by which he or she is or has
previously been known), date of birth
11
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Corrections and Other Justice Legislation (Amendment) Act
2006
Act No.
Part 2--Amendment of the Corrections Act 1986
s. 7
and residential address or addresses of
any prisoner on parole; and
(b) if the Secretary has given notification
under paragraph (a) in respect of a
prisoner on parole, the Secretary must
5
notify the Victorian Registrar as soon
as practicable of any cancellation or
deemed cancellation of that prisoner's
parole.
Division 7--Warrants
10
79I. Execution of warrants
A warrant issued under this Part must be
executed by the use of the original warrant or
by the use of a copy of the original warrant,
including a copy transmitted by facsimile
15
machine.
79J. Recall and cancellation of warrants
(1) A warrant issued under section 60M(10),
60R(2)(b) or 77(6)(a) by the Board may be
recalled and cancelled by the Board.
20
(2) A warrant issued under section 77(6)(b) by a
magistrate may be recalled and cancelled by
that magistrate or any other magistrate.
(3) If a warrant has been recalled and cancelled,
a fresh warrant may be issued for the same
25
purpose as that for which the recalled
warrant was issued.
79K. Duplicate warrants
(1) If a warrant issued under section 60M(10),
60R(2)(b) or 77(6)(a) by the Board or a
30
warrant issued under section 77(6)(b) by a
magistrate is lost or destroyed before it is
executed, the Board or a magistrate, as the
case may be, may issue a duplicate warrant if
12
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Corrections and Other Justice Legislation (Amendment) Act
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Act No.
Part 2--Amendment of the Corrections Act 1986
s. 8
satisfied by evidence on oath or by affidavit
of the loss or destruction of the original
warrant.
(2) A duplicate warrant must bear on its face the
word "Duplicate" and may be executed in all
5
respects as if it were the original warrant.
(3) When a duplicate warrant is issued, the
original warrant becomes null and void and
must, if located, be returned--
(a) in the case of a warrant issued by the
10
Board, to the Secretary of the Board;
(b) in the case of a warrant issued by a
magistrate, to the principal registrar of
the Magistrates' Court.'.
8. New section 115B inserted
15
After section 115A of the Corrections Act 1986
insert--
'115B. Transitional provision--Corrections and
Other Justice Legislation (Amendment)
Act 2006
20
(1) This Act as amended by section 6 of the
Corrections and Other Justice Legislation
(Amendment) Act 2006 applies to warrants
issued by the Adult Parole Board or a
magistrate on or after the commencement of
25
section 6 of that Act.
(2) Division 6 of Part 8, as inserted by section 7
of the Corrections and Other Justice
Legislation (Amendment) Act 2006,
applies to any change of name application
30
received by the Registrar before the
commencement of section 7 of that Act, if
the change of name had not been registered
before that commencement.
13
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Corrections and Other Justice Legislation (Amendment) Act
2006
Act No.
Part 2--Amendment of the Corrections Act 1986
s. 9
(3) In sub-section (2)--
"change of name application" has the same
meaning as in section 79A;
"Registrar" means the Registrar of Births,
Deaths and Marriages under the Births,
5
Deaths and Marriages Registration
Act 1996.
(4) Division 7 of Part 8, as inserted by section 7
of the Corrections and Other Justice
Legislation (Amendment) Act 2006,
10
applies to--
(a) warrants issued on or after the
commencement of section 7 of that Act;
and
(b) warrants issued before the
15
commencement of section 7 of that Act
that have not been executed on that
commencement.'.
9. Statute law revision
See: Sections 5 and 6 of the Corrections
20 Act No.
(Management) Act 1993 are repealed.
11/1993.
__________________
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551469B.A1-20/7/2006 BILL LA AS SENT 20/7/2006
Corrections and Other Justice Legislation (Amendment) Act
2006
Act No.
Part 3--Amendment of the Serious Sex Offenders Monitoring Act 2005
s. 10
See:
PART 3--AMENDMENT OF THE SERIOUS SEX
Act No.
OFFENDERS MONITORING ACT 2005 1/2005
and
amending
10. Definition inserted Act Nos
34/2005,
In section 3(1) of the Serious Sex Offenders 69/2005,
Monitoring Act 2005 insert the following
5 97/2005,
2/2006 and
definition-- 14/2006.
LawToday:
' "physical examination" means an examination www.dms.
of a person's body that involves touching of dpc.vic.
gov.au
the person or removal of the person's
clothing;".
10
11. New section 7A inserted
After section 7 of the Serious Sex Offenders
Monitoring Act 2005 insert--
"7A. Secretary may direct offender to attend
for examination
15
(1) For the purposes of section 7, the Secretary
may, by written notice served on an offender,
direct the offender to attend a specified
medical expert at a place and on a date and
time specified in the direction for a personal
20
examination.
(2) The Secretary may, by written notice served
on an offender, vary or revoke a direction
given to the offender under this section.
(3) If an offender is given a direction under sub-
25
section (1) and--
(a) the direction is not varied or revoked;
or
(b) a variation of the direction is served
under sub-section (2)--
30
the offender must not fail, without
reasonable excuse, to comply with the
15
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Corrections and Other Justice Legislation (Amendment) Act
2006
Act No.
Part 3--Amendment of the Serious Sex Offenders Monitoring Act 2005
s. 12
direction or the direction as so varied, as the
case requires.
Penalty: Level 7 imprisonment (2 years
maximum).
(4) Despite section 7(1), a medical expert may
5
still make an assessment report if the
offender does not comply with a direction
given under this section.
(5) Nothing in this section empowers the giving
of a direction that would require an offender
10
to submit to a physical examination or in any
way actively to cooperate in the carrying out
of a personal examination.".
12. Hearing of application
(1) In section 10(1)(a) of the Serious Sex Offenders
15
Monitoring Act 2005, after "made" insert "or, if
satisfied that it is in the interests of justice to do
so, any shorter period".
(2) In section 10(3) of the Serious Sex Offenders
Monitoring Act 2005, after "report" insert "on
20
which the offender intends to rely".
13. New sections 16A and 16B inserted
After section 16 of the Serious Sex Offenders
Monitoring Act 2005 insert--
"16A. Victim submissions
25
(1) A person included on the victims register
established under the Corrections Act 1986
may make a submission to the Adult Parole
Board for consideration by the Board in
determining any instruction or direction it
30
may give to an offender under section 16(2).
16
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Corrections and Other Justice Legislation (Amendment) Act
2006
Act No.
Part 3--Amendment of the Serious Sex Offenders Monitoring Act 2005
s. 13
(2) A person wishing to make a victim
submission must do so within the period
specified in a notice served on the person
advising that an application for an extended
supervision order has been made.
5
(3) A victim submission--
(a) must be in writing; and
(b) must address matters relating to the
person's views about any directions or
instructions to which the offender
10
should be subject; and
(c) must include any other prescribed
matters.
16B. How victim submissions are dealt with by
the Adult Parole Board
15
(1) Before giving an offender any instruction or
direction under section 16(2), the Adult
Parole Board--
(a) must consider any victim submission it
receives in relation to the matter being
20
determined; and
(b) may, in its absolute discretion, give that
submission the weight that the Board
sees fit in determining whether to give
an instruction or direction.
25
(2) The Adult Parole Board must not release a
victim submission to the offender in relation
to whom the instruction or direction is being
determined unless--
(a) the release of the submission is, in the
30
opinion of the Board, essential in the
interests of fairness and justice; and
17
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2006
Act No.
Part 3--Amendment of the Serious Sex Offenders Monitoring Act 2005
s. 14
(b) before releasing the victim submission,
the Board has asked the person who
made the victim submission whether he
or she--
(i) consents to the submission being
5
released to the offender; or
(ii) wishes to amend the submission
so that it can be released to the
offender; or
(iii) wishes to withdraw the
10
submission.
(3) If a person who made a victim submission
does not consent to the submission being
released to the offender, amend the
submission so that it can be released to the
15
offender or withdraw the submission when
asked to do so by the Adult Parole Board
under sub-section (2)(b), the Board--
(a) must not release the victim submission
to the offender; and
20
(b) in considering the victim submission
when determining to make an
instruction or direction, may reduce the
weight it would otherwise have given to
the submission if the person who made
25
it had complied with sub-
section (2)(b).".
14. Expiry of extended supervision order
In section 17(1)(b) of the Serious Sex Offenders
Monitoring Act 2005, after "Division 3" insert
30
"or on an appeal under Part 3".
18
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Corrections and Other Justice Legislation (Amendment) Act
2006
Act No.
Part 3--Amendment of the Serious Sex Offenders Monitoring Act 2005
s. 15
15. Procedure on review application
After section 22(3) of the Serious Sex Offenders
Monitoring Act 2005 insert--
"(4) The court to which an application is made
under section 21(3) may only begin to hear
5
the application--
(a) after the Secretary has obtained at least
one assessment report and has filed and
served it in accordance with sub-
section (3); and
10
(b) if satisfied that the offender has had a
reasonable opportunity to obtain legal
representation and an independent
assessment report.
(5) On an application by the offender under
15
section 21(3)--
(a) sections 7, 7A and 8 apply to every
assessment report, whether obtained by
the Secretary or the offender; and
(b) section 10 (other than section 10(1))
20
applies to the hearing of the application
in the same way as it applies to an
application under section 5.".
16. Court order to attend for examination
In section 28(2) of the Serious Sex Offenders
25
Monitoring Act 2005, for "personal" (where first
occurring) substitute "physical".
19
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Corrections and Other Justice Legislation (Amendment) Act
2006
Act No.
Part 3--Amendment of the Serious Sex Offenders Monitoring Act 2005
s. 17
17. Court may have regard to lack of personal
examination
In section 34 of the Serious Sex Offenders
Monitoring Act 2005--
(a) in paragraph (b), for "reasons for this."
5
substitute "reasons for this; and";
(b) after paragraph (b) insert--
"(c) whether an assessment report was made
without a personal examination of the
offender.".
10
18. Appeals
In sections 36(1)(c) and 37(1)(c) of the Serious
Sex Offenders Monitoring Act 2005, for
"initiated by an offender" substitute ", whether
initiated by an offender or the Secretary,".
15
19. Breach of extended supervision order
(1) In section 40(2) of the Serious Sex Offenders
Monitoring Act 2005, for "The Secretary"
substitute "Subject to sub-section (2A), the
Secretary".
20
(2) After section 40(2) of the Serious Sex Offenders
Monitoring Act 2005 insert--
"(2A) The Secretary may dispense with the period
of notice required by sub-section (2) if the
Secretary considers that a charge should be
25
filed without delay, having regard to the
seriousness of the alleged breach of the
extended supervision order.".
20
551469B.A1-20/7/2006 BILL LA AS SENT 20/7/2006
Corrections and Other Justice Legislation (Amendment) Act
2006
Act No.
Part 3--Amendment of the Serious Sex Offenders Monitoring Act 2005
s. 20
20. New Part 4A inserted
After Part 4 of the Serious Sex Offenders
Monitoring Act 2005 insert--
'PART 4A--CHANGE OF NAME
41A. Application of Part
5
This Part applies despite anything to the
contrary in the Births, Deaths and
Marriages Registration Act 1996.
41B. Definitions
In this Part--
10
"change of name application" means an
application by or on behalf of an
offender for registration of a change of
the offender's name;
"offender" means an offender who is
15
subject to an extended supervision
order that is not suspended;
"Victorian Registrar" means Registrar of
Births, Deaths and Marriages under the
Births, Deaths and Marriages
20
Registration Act 1996.
41C. Applications for change of name by or on
behalf of an offender
(1) In this section, "Registrar" means--
(a) the Victorian Registrar; or
25
(b) an authority responsible under a law of
another State or a Territory for the
registration of births, deaths and
marriages.
21
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Corrections and Other Justice Legislation (Amendment) Act
2006
Act No.
Part 3--Amendment of the Serious Sex Offenders Monitoring Act 2005
s. 20
(2) An offender must not make a change of
name application to a Registrar without
having first obtained the written approval of
the Adult Parole Board.
Penalty: 5 penalty units.
5
(3) A person must not make a change of name
application to a Registrar on behalf of an
offender unless the written approval of the
Adult Parole Board is first obtained.
Penalty: 5 penalty units.
10
41D. Approval by Board
(1) Subject to sub-section (2), the Adult Parole
Board may only approve a change of name
application if the Board is satisfied that the
change of name is in all the circumstances
15
necessary or reasonable.
(2) The Adult Parole Board must not approve a
change of name application if the Board is
satisfied that the change of name would, if
registered, be reasonably likely--
20
(a) to be regarded as offensive by a victim
of crime or an appreciable sector of the
community; or
(b) to be used to evade or hinder
supervision of the offender during the
25
period of the extended supervision
order.
41E. Approval to be notified in writing
If the Adult Parole Board approves a change
of name application, the Board must--
30
(a) as soon as practicable, give written
notice of the approval to the person
who made the application; and
22
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Corrections and Other Justice Legislation (Amendment) Act
2006
Act No.
Part 3--Amendment of the Serious Sex Offenders Monitoring Act 2005
s. 20
(b) if the offender consents, give a copy of
the written notice of approval to the
Victorian Registrar.
41F. Registration of change of name
(1) The Victorian Registrar must not register a
5
change of name under the Births, Deaths
and Marriages Registration Act 1996 if--
(a) the Victorian Registrar knows that--
(i) the application for the change of
name is made by or on behalf of
10
an offender; and
(ii) the change of name relates to the
name of the offender; and
(b) the Victorian Registrar has not received
a copy of the notice of approval of the
15
Adult Parole Board to the application
under section 41E.
(2) If the Victorian Registrar does not register a
change of name because of the operation of
sub-section (1), the Victorian Registrar must
20
give written notice of the application to the
Secretary of the Adult Parole Board.
41G. Registrar may correct Register
Without limiting section 43 of the Births,
Deaths and Marriages Registration Act
25
1996, the Victorian Registrar may correct the
Register under that section if--
(a) the name of an offender on the Register
was changed because of a change of
name application; and
30
(b) the Adult Parole Board has not
approved that change of name
application under section 41D.
23
551469B.A1-20/7/2006 BILL LA AS SENT 20/7/2006
Corrections and Other Justice Legislation (Amendment) Act
2006
Act No.
Part 3--Amendment of the Serious Sex Offenders Monitoring Act 2005
s. 20
41H. Lapse of application on suspension of
extended supervision order
A change of name application under this Part
by or on behalf of an offender lapses if--
(a) the extended supervision order in
5
respect of the offender is suspended in
any of the circumstances referred to in
section 19(1); and
(b) the Victorian Registrar has not
registered the change of name before
10
that suspension.
41I. Information-sharing between the
Secretary and the Victorian Registrar
Despite an order made under section 42 or
any other law to the contrary--
15
(a) the Secretary must notify the Victorian
Registrar of the name (including any
other name by which he or she is or has
previously been known), date of birth
and residential address or addresses of
20
any offender; and
(b) if the Secretary has given notification
under paragraph (a) in respect of an
offender, the Secretary must notify the
Victorian Registrar as soon as
25
practicable of any suspension or the
expiry of that offender's extended
supervision order.'.
24
551469B.A1-20/7/2006 BILL LA AS SENT 20/7/2006
Corrections and Other Justice Legislation (Amendment) Act
2006
Act No.
Part 3--Amendment of the Serious Sex Offenders Monitoring Act 2005
s. 21
21. New section 49 inserted
After section 48 of the Serious Sex Offenders
Monitoring Act 2005 insert--
'49. Transitional
(1) This Act as amended by section 19 of the
5
Corrections and Other Justice Legislation
(Amendment) Act 2006 applies to charges
filed on or after the commencement of
section 19 of that Act, whether the alleged
breach of the extended supervision order
10
occurred before or after that commencement.
(2) Part 4A as inserted by section 20 of the
Corrections and Other Justice Legislation
(Amendment) Act 2006 applies to any
change of name application received by the
15
Registrar before the commencement of
section 20 of that Act, if the change of name
had not been registered before that
commencement.
(3) In sub-section (2)--
20
"change of name application" has the same
meaning as in section 41B;
"Registrar" means the Registrar of Births,
Deaths and Marriages under the Births,
Deaths and Marriages Registration
25
Act 1996.'.
__________________
25
551469B.A1-20/7/2006 BILL LA AS SENT 20/7/2006
Corrections and Other Justice Legislation (Amendment) Act
2006
Act No.
Part 4--Amendment of the Firearms Act 1996
s. 22
See: PART 4--AMENDMENT OF THE FIREARMS ACT 1996
Act No.
66/1996.
22. Disposal of forfeited firearms
Reprint No. 3
as at
For section 152(b)(ii) of the Firearms Act 1996
1 January
2004
substitute--
and
amending
"(ii) by giving the firearm to any person or body
5 Act Nos
33/2004, approved by the Minister to possess the
108/2004,
firearm for a purpose approved by the
18/2005,
78/2005, Minister.".
97/2005 and
23/2006.
LawToday:
www.dms.
dpc.vic.
gov.au
See: 23. Repeal
Act No.
78/2005.
Section 54 of the Firearms (Further
10 StatuteBook:
Amendment) Act 2005 is repealed.
www.dms.
dpc.vic.
gov.au
26
551469B.A1-20/7/2006 BILL LA AS SENT 20/7/2006
Corrections and Other Justice Legislation (Amendment) Act
2006
Act No.
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
27
551469B.A1-20/7/2006 BILL LA AS SENT 20/7/2006
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