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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Essential Services (Year 2000) Act 1999
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purposes 1
2. Commencement 2
3. Definitions 2
PART 2--YEAR 2000 EMERGENCY PROVISIONS 4
Division 1--Continuity of Essential Services and Public Safety 4
4. Proclamation that Part applies 4
5. Powers of Minister in relation to essential services 4
6. Compensation 7
Division 2--Offences 8
7. Contravention of directions 8
8. Obstruction of persons carrying out directions 8
9. Offence to obstruct inspector 9
10. Impersonation of inspector 9
11. Offences by bodies corporate 9
12. Offences by partnerships or unincorporated associations 10
Division 3--Enforcement 10
13. Inspectors 10
14. Police to assist inspectors 11
15. Powers of entry--enforcement 11
16. Occupier to be given copy of consent 12
17. Search warrant 12
18. Announcement before entry 13
19. Copy of warrant to be given to occupier 14
Division 4--Infringement Notices 14
20. Offences for which an infringement notice may be issued 14
21. Power to serve a notice 15
22. Form of notice 15
23. Infringement penalties 16
24. Late payment of penalty 16
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Clause Page
25. Withdrawal of notice 17
26. Payment expiates offence 17
27. Payment not to have certain consequences 18
28. Prosecution after service of infringement notice 18
29. Enforcement of infringement penalty 18
Division 5--General 19
30. Delegation of powers and functions by Minister 19
31. Judicial notice 19
32. Immunity from suit 19
33. Supreme Court--limitation of jurisdiction 19
PART 3--AMENDMENT OF EMERGENCY MANAGEMENT
ACT 1986 20
34. Definition of "emergency" 20
PART 4--EXPIRY 22
35. Expiry of Act 22
NOTES 23
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541008B.I1-12/11/99
PARLIAMENT OF VICTORIA
Initiated in Assembly 10 November 1999
A BILL
to provide a temporary system of emergency powers to deal with
events arising from year 2000 computer problems, to amend the
Emergency Management Act 1986 and for other purposes.
Essential Services (Year 2000) Act 1999
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purposes
The purposes of this Act are--
(a) to provide a temporary system of emergency
5 powers to deal with events arising from year
2000 computer problems;
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(b) to amend the Emergency Management Act
1986 to deal with disruptions to essential
services.
2. Commencement
5 This Act comes into operation on the day after the
day on which it receives the Royal Assent.
3. Definitions
(1) In this Act--
"essential service" means any of the following
10 services--
(a) transport;
(b) fuel (including gas);
(c) light;
(d) power;
15 (e) water;
(f) sewerage;
(g) a service (whether or not of a type
similar to the foregoing) declared to be
an essential service by the Governor in
20 Council under sub-section (2);
"inspector" means a person appointed under
section 13 as an inspector;
"person" includes an unincorporated body or
association and a partnership;
25 "year 2000 event" means an event occurring as a
consequence of the processing (including
calculating, comparing, sequencing,
displaying or storing), transmitting or
receiving of date data (whether or not the
30 date data relates to the year 2000).
(2) The Governor in Council, by order published in
the Government Gazette, may declare a service to
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be an essential service for the purposes of this
Act.
_______________
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PART 2--YEAR 2000 EMERGENCY PROVISIONS
Division 1--Continuity of Essential Services and Public
Safety
4. Proclamation that Part applies
5 (1) If it appears to the Governor in Council that an
essential service is or is likely to be unable to
meet the reasonable requirements of the
community because of the occurrence of a year
2000 event, the Governor in Council, by
10 proclamation published in the Government
Gazette, may declare that this Part is to apply.
(2) The proclamation takes effect on the date of its
publication.
(3) The Governor in Council may at any time amend
15 or revoke a proclamation.
5. Powers of Minister in relation to essential services
(1) While a proclamation under this Part is in force,
the Minister may give any directions that he or
she thinks necessary--
20 (a) to ensure the continuity or resumption of the
essential service, having regard to the needs
of the community; or
(b) to secure public safety or order.
(2) Without limiting sub-section (1), a direction
25 may--
(a) direct what services must be maintained and
upon what terms and conditions they must
operate;
(b) direct persons to operate and maintain
30 services to the extent and upon the terms
specified in the direction;
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(c) direct at what times and places and upon
what terms and conditions and in what
manner services may be used or availed of;
(d) prohibit the operation or use of services
5 except, if so specified in the direction, with
the consent of the Minister;
(e) requisition the use of property of any kind
which is used or may be used for or in
connection with the operation or
10 maintenance of any service;
(f) provide for or control the operation, use,
disposal, distribution, storage, repair, upkeep
or maintenance of any property or
commodity used or which may be used for or
15 in connection with any service;
(g) provide for the authorisation of persons to
enter any land, building or structure used for
or in connection with the provision of
services;
20 (h) prohibit interference with, or intimidation of,
any person in or in relation to the lawful
conduct of their affairs or the lawful
performance of their duties;
(i) prohibit the doing of any act or thing that
25 may have the effect of prejudicing public
safety or order;
(j) provide for any matter or thing incidental to
the carrying into effect of the powers
referred to in this section.
30 (3) A direction--
(a) may be made so as to apply to or have
operation throughout the whole or any part
of Victoria;
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(b) may be made so as to operate for any period
or periods or for any time or times or for any
occasion or occasions specified in the
direction;
5 (c) may be of general operation or of specially
limited operation according to any specified
times, places, circumstances, conditions or
restrictions;
(d) may be made in writing or orally, by
10 publication or advertisement or by any other
means or in any other manner that appears to
the Minister to be practicable, appropriate or
expedient in the circumstances;
(e) subject to sub-section (6), takes effect when
15 made or, if a later time is specified in the
direction, at that later time.
(4) A direction (including a direction under sub-
section (5)) must be published in the Government
Gazette as soon as possible after it is made.
20 (5) The Minister may at any time by direction under
this section amend or revoke a direction made, or
purportedly made, under this section.
(6) If a direction of the Minister under sub-section (5)
amending an earlier direction for the purpose of
25 correcting a defect, mistake or omission--
(a) includes a statement that the earlier direction
is deemed to have been made as so amended;
and
(b) is made not later than 3 months after the
30 earlier direction was made--
the earlier direction is deemed to have been made
as so amended.
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(7) If sub-section (6) applies to a direction, a person
cannot--
(a) be convicted of an offence under Division 2;
or
5 (b) be made subject to any liability--
in respect of any act or omission by the person
before the direction was amended that would not
have constituted an offence, or given rise to any
liability, if the direction had not been amended.
10 (8) The expiry or revocation of a direction does not
affect--
(a) the previous operation of the direction; or
(b) the validity of any action taken under the
direction; or
15 (c) any penalty or punishment incurred in
respect of a contravention of or failure to
comply with the direction or any proceeding
or remedy in respect of such a penalty or
punishment.
20 6. Compensation
(1) If a person's property is used under a direction
referred to in section 5(2)(e), the person may
receive the compensation determined by the
Minister.
25 (2) A person whose interests are affected by a
determination of the Minister under
sub-section (1) may apply to the Victorian Civil
and Administrative Tribunal for review of the
determination.
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Division 2--Offences
7. Contravention of directions
(1) A person must not contravene a direction given
under section 5.
5 Penalty: In the case of a natural person,
100 penalty units.
In the case of a body corporate,
10 000 penalty units.
(2) An offence by a body corporate under
10 sub-section (1) is an indictable offence.
(3) For the purposes of sub-section (4), if an offence
is committed by a person because of a failure to
comply, within the period specified in a direction
given under section 5, with the requirements
15 specified in the direction, the offence is deemed to
continue so long as any requirement specified in
the direction remains undone, whether or not the
period has elapsed.
(4) If, under sub-section (3), an offence is deemed to
20 continue, the person who committed the offence
commits an additional offence on each day during
which the offence is deemed to continue and is
liable, upon conviction for such an additional
offence, to a penalty not exceeding one tenth of
25 the penalty for the first-mentioned offence.
8. Obstruction of persons carrying out directions
A person must not obstruct another person--
(a) exercising a power given to; or
(b) complying with an obligation imposed on--
30 the other person under a direction given under
section 5 if the person has been shown a copy of
the direction.
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Penalty: In the case of a natural person,
100 penalty units.
In the case of a body corporate,
1000 penalty units.
5 9. Offence to obstruct inspector
A person must not without reasonable excuse
obstruct or hinder an inspector exercising
functions under this Part.
Penalty: In the case of a natural person,
10 300 penalty units or 3 years
imprisonment or both.
In the case of a body corporate,
1500 penalty units.
10. Impersonation of inspector
15 A person must not impersonate an inspector.
Penalty: 100 penalty units.
11. Offences by bodies corporate
(1) If a body corporate commits an offence against
this Part, any officer of the body corporate who
20 was in any way, by act or omission, directly or
indirectly knowingly concerned in or party to the
commission of the offence is also guilty of that
offence and liable to the penalty for it.
(2) An offence under sub-section (1) is an indictable
25 offence.
(3) A person may be proceeded against and convicted
under a provision in accordance with sub-section
(1) whether or not the body corporate has been
proceeded against or convicted under that
30 provision.
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(4) If, in a proceeding for an offence against this Part,
it is necessary to establish the intention of a body
corporate, it is sufficient to show that a servant or
agent of the body corporate had that intention.
5 (5) In sub-section (1), "officer", in relation to a body
corporate, means--
(a) a director, secretary or executive officer of
the body corporate; or
(b) any person in accordance with whose
10 directions or instructions the directors of the
body corporate are accustomed to act; or
(c) a person concerned in the management of the
body corporate.
12. Offences by partnerships or unincorporated
15 associations
If this Part provides that a person is guilty of an
offence, that reference to a person must--
(a) in the case of a partnership, be read as a
reference to each member of the partnership;
20 and
(b) in the case of an unincorporated body or
association, be read as a reference to each
member of the committee of management of
the body or association.
25 Division 3--Enforcement
13. Inspectors
(1) The Minister may appoint a person to be an
inspector for the purposes of this Part.
(2) The Minister must give an identity card to each
30 person who is appointed as an inspector.
(3) The identity card must--
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(a) be signed by the Minister; and
(b) bear a photograph and the signature of the
inspector.
(4) An inspector must, in the course of performing his
5 or her functions under this Part, produce his or her
identity card to any person who requests its
production.
Penalty: 5 penalty units.
(5) The Minister must not appoint a person to be an
10 inspector unless satisfied that the person--
(a) is competent to exercise the functions of an
inspector; and
(b) is of good repute, having regard to character,
honesty and integrity; and
15 (c) agrees in writing to carry out the functions of
an inspector.
14. Police to assist inspectors
An inspector may request the assistance of a
member of the police force and a member of the
20 police force may assist an inspector to take any
action authorised by this Part.
15. Powers of entry--enforcement
(1) If an inspector has reasonable grounds for
suspecting that there is on any land or premises a
25 particular thing that may be evidence of the
commission of an offence against this Part, the
inspector may--
(a) enter the land or premises; and
(b) search for the thing.
30 (2) An inspector must not enter land or premises
under this section except--
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(a) with the written consent of the occupier of
the land or premises; or
(b) under the authority of a search warrant.
16. Occupier to be given copy of consent
5 (1) An occupier who consents in writing to entry of
his or her land or premises under section 15 must
be given a copy of the signed consent
immediately.
(2) If, in any proceeding, a written consent is not
10 produced to the court, it must be presumed, until
the contrary is proved, that the occupier did not
consent to the entry and search.
17. Search warrant
(1) An inspector may apply to a magistrate for the
15 issue of a search warrant in relation to particular
land or premises if the inspector believes on
reasonable grounds that there is, or may be within
the next 72 hours, on the land or premises a
particular thing that may be evidence of the
20 commission of an offence against this Part.
(2) A magistrate may issue a search warrant under
this section if the magistrate is satisfied by
evidence on oath, whether oral or by affidavit, that
there are reasonable grounds for suspecting that
25 there is, or may be within the next 72 hours, on
land or premises a particular thing that may be
evidence of the commission of an offence against
this Part.
(3) The search warrant may authorise an inspector
30 named in the warrant and any assistants the
inspector considers necessary--
(a) to enter the land or premises, or part of the
land or premises, named or described in the
warrant; and
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(b) to search for the thing named or described in
the warrant.
(4) In addition to any other requirement, a search
warrant issued under this section must state--
5 (a) the offence suspected; and
(b) the land or premises to be searched; and
(c) a description of the thing for which the
search is to be made; and
(d) any conditions to which the warrant is
10 subject; and
(e) whether entry is authorised to be made at any
time or during stated hours; and
(f) a day, not later than 7 days after the issue of
the warrant, on which the warrant ceases to
15 have effect.
(5) A search warrant must be issued in accordance
with the Magistrates' Court Act 1989 and in the
form prescribed under that Act.
(6) The rules to be observed with respect to search
20 warrants mentioned in the Magistrates' Court
Act 1989 extend and apply to warrants under this
section.
18. Announcement before entry
(1) Before executing a search warrant, the inspector
25 named in the warrant or a person assisting the
inspector named in the warrant must--
(a) announce that he or she is authorised by the
warrant to enter the land or premises; and
(b) give any person at the land or premises an
30 opportunity to allow entry to the land or
premises.
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(2) The inspector or a person assisting the inspector
need not comply with sub-section (1) if he or she
believes on reasonable grounds that immediate
entry to the land or premises is required to
5 ensure--
(a) the safety of any person; or
(b) that the effective execution of the warrant is
not frustrated.
19. Copy of warrant to be given to occupier
10 If the occupier or another person who apparently
represents the occupier is present at the land or
premises when a search warrant is being executed,
the inspector must--
(a) identify himself or herself to that person by
15 producing his or her identity card for
inspection by that person; and
(b) give to that person a copy of the execution
copy of the warrant.
Division 4--Infringement Notices
20 20. Offences for which an infringement notice may be
issued
(1) In this Division--
"prescribed offence" means an offence against
section 7(1) constituted by the use of an
25 essential service by a person in
contravention of a direction under section 5
of which the person is aware and which
applies to the person.
(2) A person is deemed to be aware of a direction if
30 the Minister has caused--
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(a) the direction to be published in a newspaper
circulating in the area in which the direction
applies; or
(b) details of the direction to be broadcast by
5 means of radio or television transmission in
the area in which the direction applies.
(3) In any proceedings for a prescribed offence, a
certificate purporting to be signed by the Minister
to the effect that details of a direction were
10 broadcast by means of radio or television
transmission in a particular area on a specified day
is evidence of the facts set out in the certificate.
(4) In any proceedings for a prescribed offence, it is a
sufficient defence for the defendant to prove that
15 at the time of the commission of the offence, the
defendant--
(a) did not know; and
(b) could not reasonably have known--
of the direction.
20 21. Power to serve a notice
(1) An inspector may serve an infringement notice on
any natural person that he or she has reason to
believe has committed a prescribed offence.
(2) An infringement notice may be served on a
25 person--
(a) by delivering it personally to the person; or
(b) by sending it by post addressed to the
person's last known place of residence or
business.
30 22. Form of notice
An infringement notice must state--
(a) the date of the notice;
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(b) that section 7(1) creates the alleged offence;
(c) the nature, and a brief description, of the
alleged offence;
(d) the date, time and place of the alleged
5 offence;
(e) the infringement penalty for the alleged
offence;
(f) the manner in which the infringement
penalty may be paid;
10 (g) the time (being not less than 28 days after
the date on which the notice is served) within
which the infringement penalty must be paid;
(h) that, if the amount of the infringement
penalty is paid before the end of the time
15 specified in the notice, the matter will not be
brought before the Magistrates' Court unless
the notice is withdrawn within 28 days after
the date on which it was served;
(i) that the person is entitled to disregard the
20 notice and defend any proceedings in respect
of the alleged offence in the Magistrates'
Court;
(j) any other prescribed particulars.
23. Infringement penalties
25 The infringement penalty for a prescribed offence
is $250.
24. Late payment of penalty
An inspector may accept payment of the
infringement penalty even after the expiration of
30 the time for payment stated in the infringement
notice if--
(a) neither a charge has been filed nor a courtesy
letter served under Part 2 of Schedule 7 to
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the Magistrates' Court Act 1989 in respect
of the offence to which the infringement
penalty relates; and
(b) the infringement notice has not been
5 withdrawn.
25. Withdrawal of notice
(1) An inspector may withdraw an infringement
notice at any time within 28 days after the date on
which the notice was served by serving a
10 withdrawal notice on the person served with the
infringement notice.
(2) A withdrawal notice may be served on a person--
(a) by delivering it personally to the person; or
(b) by sending it by post addressed to the
15 person's last known place of residence or
business.
(3) An infringement notice may be withdrawn even if
the infringement penalty has been paid.
(4) If an infringement notice is withdrawn, the
20 amount of any infringement penalty paid must be
refunded and the Consolidated Fund is, to the
necessary extent, appropriated accordingly.
26. Payment expiates offence
If an infringement notice is not withdrawn and the
25 infringement penalty is paid within the time for
payment stated in the notice or is accepted in
accordance with section 24, then--
(a) the person on whom the notice was served
has expiated the offence by that payment;
30 and
(b) no proceedings may be taken against that
person in respect of that offence; and
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(c) no conviction is to be taken to have been
recorded against that person for that offence.
27. Payment not to have certain consequences
(1) The payment of an infringement penalty under
5 this Division is not and must not be taken to be--
(a) an admission of guilt in relation to the
offence; or
(b) an admission of liability for the purpose of
any civil claim or proceeding arising out of
10 the same occurrence and the payment does
not in any way affect or prejudice any such
claim or proceeding.
(2) The payment of an infringement penalty under
this Part must not be referred to in any report
15 provided to a court for the purpose of determining
sentence for an offence.
28. Prosecution after service of infringement notice
A charge may be filed in respect of an offence to
which an infringement notice relates if--
20 (a) the infringement penalty has not been paid
within the time for payment stated in the
notice or in accordance with section 24; or
(b) the notice is withdrawn.
29. Enforcement of infringement penalty
25 Payment of the infringement penalty may be
enforced in accordance with Part 2 of Schedule 7
to the Magistrates' Court Act 1989 if--
(a) the infringement notice is an infringement
notice within the meaning of Schedule 7 to
30 that Act; and
(b) the infringement penalty has not been paid
within the time stated in the notice or in
accordance with section 24; and
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(c) the notice has not been withdrawn; and
(d) a charge has not been filed in accordance
with section 28.
Division 5--General
5 30. Delegation of powers and functions by Minister
The Minister may by instrument delegate to any
person all or any of the Minister's powers and
functions under this Part (except this power of
delegation) in relation to any matter or class of
10 matters or part of Victoria specified in the
instrument of delegation.
31. Judicial notice
All courts and tribunals must take judicial notice
of any proclamation or direction made or given
15 under this Part.
32. Immunity from suit
A person acting in good faith in the execution of
this Part or any proclamation or direction under
this Part is not liable to any action, claim or
20 demand on account of any damage, loss or injury
sustained or alleged to be sustained because of the
operation of this Part or of anything done or
purporting to be done under this Part or any
proclamation or direction under this Part.
25 33. Supreme Court--limitation of jurisdiction
It is the intention of section 32 to alter or vary
section 85 of the Constitution Act 1975.
_______________
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Act No.
PART 3--AMENDMENT OF EMERGENCY MANAGEMENT
ACT 1986
No. 30/1986. 34. Definition of "emergency"
Reprint No. 2
(1) In section 4(1) of the Emergency Management
as at 4 March
1999.
5 Act 1986--
(a) in the definition of "emergency", at the end
of paragraph (g) insert--
"; and
(h) a disruption to an essential service;".
10 (b) after the definition of "emergency
management" insert--
' "essential service" means any of the
following services--
(a) transport;
15 (b) fuel (including gas);
(c) light;
(d) power;
(e) water;
(f) sewerage;
20 (g) a service (whether or not of a type
similar to the foregoing) declared
to be an essential service by the
Governor in Council under
sub-section (2);'.
25 (2) After section 4(1) of the Emergency
Management Act 1986 insert--
"(2) The Governor in Council, by order published
in the Government Gazette, may declare a
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service to be an essential service for the
purposes of this Act.".
_______________
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Act No.
PART 4--EXPIRY
35. Expiry of Act
This Act expires on 30 June 2001.
5
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Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
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