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PARLIAMENT OF VICTORIA
Investigative, Enforcement and Police Powers Acts
(Amendment) Act 2005
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 2
1. Purpose 2
2. Commencement 3
PART 2--CRIMES (ASSUMED IDENTITIES) ACT 2004 4
3. Purpose 4
4. Definitions 4
5. Recognition of corresponding authorities 5
PART 3--CRIMES (CONTROLLED OPERATIONS) ACT 2004 7
6. Controlled operations monitoring under Fisheries Act 1995 7
7. Controlled operations monitoring under Wildlife Act 1975 7
PART 4--FISHERIES ACT 1995 9
8. Consequential amendment of regulation-making power 9
PART 5--MAJOR CRIME LEGISLATION (OFFICE OF
POLICE INTEGRITY) ACT 2004 10
9. Surveillance devices monitoring 10
10. Controlled operations monitoring 11
11. Telecommunications interception 11
PART 6--MAJOR CRIME (INVESTIGATIVE POWERS)
ACT 2004 12
12. Chief Examiner's reports to Special Investigations Monitor 12
i
551381B.I1-18/10/2005 BILL LA INTRODUCTION 18/10/2005
Clause Page
PART 7--POLICE REGULATION ACT 1958 13
13. Delegation 13
14. Chief Commissioner's annual report 13
15. Director's reports to Special Investigations Monitor 13
16. New Part VC inserted 14
PART VC--SPECIAL CONSTABLES 14
Division 1--Appointment of Special Constables Generally 14
102L. Appointment of special constables 14
102M. Oath or affirmation 15
102N. Status and powers of special constable 16
102O. Termination of appointment 17
102P. Discipline 18
Division 2--Incidents Requiring Urgent Cross-Border
Assistance 19
102Q. Declaration of incident 19
102R. Period of declaration 20
102S. Appointment of special constables during declared
incident 20
102T. Oath or affirmation 21
102U. Termination of appointment 22
17. Regulations 22
18. New section 134 inserted 22
134. Transitional provision for special constables 22
19. Oath or affirmation 23
PART 8--SURVEILLANCE DEVICES (AMENDMENT)
ACT 2004 24
20. Consequential repeal 24
PART 9--TELECOMMUNICATIONS (INTERCEPTION)
(STATE PROVISIONS) ACT 1988 25
21. Purpose 25
22. Definitions 25
23. Functions of the police force 29
24. New Part 2A inserted 30
PART 2A--FUNCTIONS OF THE OFFICE OF POLICE
INTEGRITY 30
9A. Documents connected with issue of warrants to be
kept 30
9B. Other records to be kept in connection with
interceptions 31
9C. Documents to be given to the Minister 33
ii
551381B.I1-18/10/2005 BILL LA INTRODUCTION 18/10/2005
Clause Page
9D. Documents to be given by State Minister to
Commonwealth Minister 35
9E. Keeping and destruction of restricted records 35
25. New Part 3 substituted 36
PART 3--FUNCTIONS OF THE SPECIAL
INVESTIGATIONS MONITOR 36
Division 1--Introduction 36
10. Functions--generally 36
Division 2--Inspection of Records of Police Force 37
11. Regular inspections of records of Police Force 37
12. Reports 38
13. Special Investigations Monitor may report on
breaches 38
Division 3--Inspection of Records of Office of Police
Integrity 39
14. Regular inspections of records of Office of Police
Integrity 39
15. Reports 40
16. Special Investigations Monitor may report on
breaches 40
Division 4--General Functions and Powers 41
17. Definitions 41
18. Special Investigations Monitor's general powers 42
19. Power to obtain relevant information 43
20. Special Investigations Monitor to be given
information and access despite other laws 44
20A. Dealing with information for the purposes of
inspection and report 46
20B. Special Investigations Monitor not to be sued 46
20C. Delegation by Special Investigations Monitor 47
26. Further amendments 47
iii
551381B.I1-18/10/2005 BILL LA INTRODUCTION 18/10/2005
Clause Page
PART 10--MAGISTRATES' COURT ACT 1989 48
27. Amendment of section 140 of Magistrates' Court Act 1989 48
28. Amendment of Schedule 7 50
29. Addresses--Mitcham-Frankston Project Act 2004 52
30. Application of new Part 5 of Schedule 7 to penalty notices 52
31. Adjournment of hearing 53
32. New Part 5 of Schedule 7 inserted 53
33. New clause 35 of Schedule 8 inserted 59
ENDNOTES 61
iv
551381B.I1-18/10/2005 BILL LA INTRODUCTION 18/10/2005
PARLIAMENT OF VICTORIA
A BILL
to amend the Crimes (Assumed Identities) Act 2004, the Crimes
(Controlled Operations) Act 2004, the Fisheries Act 1995, the
Major Crime Legislation (Office of Police Integrity) Act 2004, the
Major Crime (Investigative Powers) Act 2004, the Police
Regulation Act 1958, the Surveillance Devices (Amendment) Act
2004, the Telecommunications (Interception) (State Provisions)
Act 1988 and the Magistrates' Court Act 1989 and for other
purposes.
Investigative, Enforcement and Police
Powers Acts (Amendment) Act 2005
The Parliament of Victoria enacts as follows:
1
551381B.I1-18/10/2005 BILL LA INTRODUCTION 18/10/2005
Investigative, Enforcement and Police Powers Acts
(Amendment) Act 2005
Act No.
Part 1--Preliminary
s. 1
PART 1--PRELIMINARY
1. Purpose
The purpose of this Act is--
(a) to amend the Crimes (Assumed Identities)
Act 2004 to allow the recognition of
5
corresponding authorities given to agencies
such as ASIO and ASIS;
(b) to amend the Crimes (Controlled
Operations) Act 2004 and the Major
Crime Legislation (Office of Police
10
Integrity) Act 2004 to shift responsibility
for oversight of surveillance devices
activities and controlled operations by
Victoria Police and other State law
enforcement agencies from the Ombudsman
15
to the Special Investigations Monitor;
(c) to amend the Major Crime (Investigative
Powers) Act 2004 and the Police
Regulation Act 1958 regarding reports to
the Special Investigations Monitor;
20
(d) to amend the Police Regulation Act 1958 to
introduce new provisions for the
appointment of special constables;
(e) to amend the Telecommunications
(Interception) (State Provisions) Act 1988
25
to shift responsibility for oversight of
telecommunications interceptions by
Victoria Police from the Ombudsman to the
Special Investigations Monitor;
(f) to make a consequential amendment to the
30
Fisheries Act 1995 and the Surveillance
Devices (Amendment) Act 2004;
2
551381B.I1-18/10/2005 BILL LA INTRODUCTION 18/10/2005
Investigative, Enforcement and Police Powers Acts
(Amendment) Act 2005
Act No.
Part 1--Preliminary
s. 2
(g) to amend the Magistrates' Court Act 1989
to provide for--
(i) payment plans for certain infringement
penalties and prescribed costs under
Schedule 7 to the Magistrates' Court
5
Act 1989;
(ii) to make other related amendments to
Schedule 7 to the Magistrates' Court
Act 1989;
(iii) to expand the regulation-making
10
powers in the Magistrates' Court Act
1989.
2. Commencement
(1) This Act, except Parts 4, 9 and 10, comes into
operation on the day after the day on which this
15
Act receives the Royal Assent.
(2) Parts 4 and 9 come into operation on a day or days
to be proclaimed.
(3) Subject to sub-section (4), Part 10 comes into
operation on a day or days to be proclaimed.
20
(4) If a provision of Part 10 does not come into
operation before 1 July 2006, it comes into
operation on that day.
__________________
3
551381B.I1-18/10/2005 BILL LA INTRODUCTION 18/10/2005
Investigative, Enforcement and Police Powers Acts
(Amendment) Act 2005
Act No.
Part 2--Crimes (Assumed Identities) Act 2004
s. 3
See: PART 2--CRIMES (ASSUMED IDENTITIES) ACT 2004
Act No.
15/2004
3. Purpose
and
amending
For section 1(1) of the Crimes (Assumed
Act No.
63/2004.
Identities) Act 2004 substitute--
Statute Book:
www.dms.
"(1) The main purpose of this Act is, for law
5 dpc.vic.
gov.au enforcement or security purposes, to
facilitate investigations, intelligence
gathering and other related activities,
including activities extending beyond
Victoria.".
10
4. Definitions
Insert the following definitions in section 3 of the
Crimes (Assumed Identities) Act 2004--
' "corresponding authorised civilian" means a
person (other than a corresponding
15
authorised officer) who is authorised, under a
corresponding authority issued to a
corresponding authorised officer, to acquire
or use an assumed identity;
"corresponding authorised officer" means an
20
officer of a corresponding participating
agency who is authorised under a
corresponding authority to acquire or use an
assumed identity;
"corresponding chief officer" of a
25
corresponding participating agency, means
the person who is the chief officer (within
the meaning of the corresponding law) of the
corresponding participating agency;
"corresponding participating agency" means a
30
body in a participating jurisdiction officers
of which, under the corresponding law of
that jurisdiction, may be granted a
corresponding authority, other than a body
4
551381B.I1-18/10/2005 BILL LA INTRODUCTION 18/10/2005
Investigative, Enforcement and Police Powers Acts
(Amendment) Act 2005
Act No.
Part 2--Crimes (Assumed Identities) Act 2004
s. 5
that is declared by the regulations not to be a
corresponding participating agency for that
jurisdiction;
"corresponding supervisor" of a corresponding
authorised civilian, means a person who
5
supervises or is to supervise the acquisition
or use of an assumed identity by the
corresponding authorised civilian;'.
5. Recognition of corresponding authorities
(1) In the Crimes (Assumed Identities) Act 2004--
10
(a) for section 10(2)(a)(ii) substitute--
"(ii) the corresponding chief officer of a
corresponding participating agency;
and";
(b) in section 12(2), after "chief officer" insert
15
"or corresponding chief officer".
(2) At the end of section 28 of the Crimes (Assumed
Identities) Act 2004 insert--
"(2) The provisions referred to in sub-section (1)
apply to anything done in this jurisdiction in
20
relation to a corresponding authority as if a
reference in those provisions--
(a) to an authorised officer were a
reference to a corresponding authorised
officer;
25
(b) to an authorised civilian were a
reference to a corresponding authorised
civilian;
(c) to an authorised person were a
reference to a corresponding authorised
30
officer or corresponding authorised
civilian;
(d) to a supervisor were a reference to a
corresponding supervisor.".
5
551381B.I1-18/10/2005 BILL LA INTRODUCTION 18/10/2005
Investigative, Enforcement and Police Powers Acts
(Amendment) Act 2005
Act No.
Part 2--Crimes (Assumed Identities) Act 2004
s. 5
(3) In section 30(2)(a) and (b)(ii) of the Crimes
(Assumed Identities) Act 2004 omit "in relation
to criminal activity".
__________________
6
551381B.I1-18/10/2005 BILL LA INTRODUCTION 18/10/2005
Investigative, Enforcement and Police Powers Acts
(Amendment) Act 2005
Act No.
Part 3--Crimes (Controlled Operations) Act 2004
s. 6
See:
PART 3--CRIMES (CONTROLLED OPERATIONS) ACT 2004
Act No.
16/2004
6. Controlled operations monitoring under Fisheries and
amending
Act 1995 Act Nos
63/2004 and
In section 49 of the Crimes (Controlled 69/2004.
Operations) Act 2004--
5 Statute Book:
www.dms.
(a) in proposed section 131A, after the definition dpc.vic.
gov.au
of "relevant offence" insert--
' "Special Investigations Monitor" means
the Special Investigations Monitor
appointed under the Major Crime
10
(Special Investigations Monitor) Act
2004;';
(b) in proposed sections 131S, 131T (including
the heading to proposed section 131T) and
131W (including the heading to proposed
15
section 131W), for "Ombudsman" (wherever
occurring) substitute "Special Investigations
Monitor".
7. Controlled operations monitoring under Wildlife
Act 1975
20
In section 51 of the Crimes (Controlled
Operations) Act 2004--
(a) in proposed section 71, after the definition of
"relevant offence" insert--
' "Special Investigations Monitor" means
25
the Special Investigations Monitor
appointed under the Major Crime
(Special Investigations Monitor) Act
2004;';
7
551381B.I1-18/10/2005 BILL LA INTRODUCTION 18/10/2005
Investigative, Enforcement and Police Powers Acts
(Amendment) Act 2005
Act No.
Part 3--Crimes (Controlled Operations) Act 2004
s. 7
(b) in proposed sections 74O, 74P (including the
heading to proposed section 74P) and 74S
(including the heading to proposed
section 74S), for "Ombudsman" (wherever
occurring) substitute "Special Investigations
5
Monitor".
__________________
8
551381B.I1-18/10/2005 BILL LA INTRODUCTION 18/10/2005
Investigative, Enforcement and Police Powers Acts
(Amendment) Act 2005
Act No.
Part 4--Fisheries Act 1995
s. 8
See:
PART 4--FISHERIES ACT 1995
Act No.
92/1995.
8. Consequential amendment of regulation-making Reprint No. 4
as at
power 31 December
2004
In Schedule 3 to the Fisheries Act 1995, in and
clause 6.9, after "1973" insert "(other than
5 amending
Act Nos
incidents arising out of or in connection with a 16/2004,
controlled operation with the meaning of 69/2004,
108/2004,
Part 7A)". 18/2005 and
50/2005.
LawToday:
www.dms.
dpc.vic.
gov.au
__________________
9
551381B.I1-18/10/2005 BILL LA INTRODUCTION 18/10/2005
Investigative, Enforcement and Police Powers Acts
(Amendment) Act 2005
Act No.
Part 5--Major Crime Legislation (Office of Police Integrity) Act 2004
s. 9
See: PART 5--MAJOR CRIME LEGISLATION (OFFICE OF
Act No.
POLICE INTEGRITY) ACT 2004
63/2004
and
amending Act
9. Surveillance devices monitoring
No. 79/2004.
Statute Book:
For section 13(1)(b) of the Major Crime
www.dms.
Legislation (Office of Police Integrity) Act 2004
5 dpc.vic.
gov.au
substitute--
'(b) after the definition of "public officer"
insert--
' "relevant monitor" means--
(a) the Special Investigations Monitor
10
in relation to--
(i) Victoria Police;
(ii) the Department of Primary
Industries;
(iii) the Department of
15
Sustainability and
Environment;
(iv) the Office of Police
Integrity;
(b) the Commonwealth Ombudsman
20
in relation to the Australian Crime
Commission;'.'.
10
551381B.I1-18/10/2005 BILL LA INTRODUCTION 18/10/2005
Investigative, Enforcement and Police Powers Acts
(Amendment) Act 2005
Act No.
Part 5--Major Crime Legislation (Office of Police Integrity) Act 2004
s. 10
10. Controlled operations monitoring
For section 20(e) of the Major Crime Legislation
(Office of Police Integrity) Act 2004
substitute--
'(e) after the definition of "principal law
5
enforcement officer" insert--
' "relevant monitor" means--
(a) the Special Investigations Monitor
in relation to--
(i) Victoria Police;
10
(ii) the Office of Police
Integrity;
(b) the Commonwealth Ombudsman
in relation to the Australian Crime
Commission;'.'.
15
11. Telecommunications interception
Part 9 of the Major Crime Legislation (Office of
Police Integrity) Act 2004 is repealed.
__________________
11
551381B.I1-18/10/2005 BILL LA INTRODUCTION 18/10/2005
Investigative, Enforcement and Police Powers Acts
(Amendment) Act 2005
Act No.
Part 6--Major Crime (Investigative Powers) Act 2004
s. 12
See: PART 6--MAJOR CRIME (INVESTIGATIVE POWERS) ACT
Act No.
2004
79/2004 and
amending
Act Nos
12. Chief Examiner's reports to Special Investigations
97/2004,
Monitor
108/2004 and
18/2005.
In section 53(2) of the Major Crime
5 LawToday:
www.dms.
(Investigative Powers) Act 2004, for
dpc.vic.
"be accompanied by" substitute "include".
gov.au
__________________
12
551381B.I1-18/10/2005 BILL LA INTRODUCTION 18/10/2005
Investigative, Enforcement and Police Powers Acts
(Amendment) Act 2005
Act No.
Part 7--Police Regulation Act 1958
s. 13
See:
PART 7--POLICE REGULATION ACT 1958
Act No.
6338.
13. Delegation Reprint No. 10
as at
In section 6A(1) of the Police Regulation Act 1 March 2005
and
1958, after "delegation" insert ", the power to amending
declare an incident requiring urgent cross-border
5 Act Nos
108/2004,
assistance under section 102Q or extend a 18/2005 and
declaration under section 102R". 24/2005.
LawToday:
www.dms.
14. Chief Commissioner's annual report dpc.vic.
gov.au
For section 86AB(1) of the Police Regulation Act
1958 substitute--
10
"(1) The Chief Commissioner must prepare a
report in respect of each year ending on
30 June on--
(a) any action taken by the Chief
Commissioner or an authorised officer
15
under this Part and on the outcome of
that action (including the result of any
Appeals Board review of that action);
and
(b) any action taken by the Chief
20
Commissioner under section 102P.".
15. Director's reports to Special Investigations Monitor
In section 86ZD(3) of the Police Regulation Act
1958, for "be accompanied by" substitute
"include".
25
13
551381B.I1-18/10/2005 BILL LA INTRODUCTION 18/10/2005
Investigative, Enforcement and Police Powers Acts
(Amendment) Act 2005
Act No.
Part 7--Police Regulation Act 1958
s. 16
16. New Part VC inserted
After Part VB of the Police Regulation Act 1958
insert--
"PART VC--SPECIAL CONSTABLES
Division 1--Appointment of Special Constables
5
Generally
102L. Appointment of special constables
(1) The Chief Commissioner may appoint
special constables in accordance with this
Part and the regulations.
10
(2) A special constable must be a person who is
a member of--
(a) the Australian Federal Police; or
(b) the police force of another State or a
Territory; or
15
(c) the police force of another country or
part of another country.
(3) The Chief Commissioner may appoint as
special constables--
(a) named persons; or
20
(b) persons identified by reference to a
particular work location; or
(c) persons identified by reference to a
particular operational unit or work
group; or
25
14
551381B.I1-18/10/2005 BILL LA INTRODUCTION 18/10/2005
Investigative, Enforcement and Police Powers Acts
(Amendment) Act 2005
Act No.
Part 7--Police Regulation Act 1958
s. 16
(d) persons by reference to any other
identifiable designation.
Example
The Chief Commissioner could appoint as special
5 constables--
(a) A.B. and C.D. of the police force of New South
Wales;
(b) all members of the police force of New South
Wales who are for the time being stationed at
10 the Albury Police Station;
(c) all members of the police force of South
Australia who are for the time being in the
South Australian Police Star Group.
(4) The appointment of one or more special
constables must be in writing.
15
102M. Oath or affirmation
(1) A person is not capable of acting in the
office of special constable until he or she has
taken and subscribed the oath, or made and
subscribed the affirmation, set out in Form C
20
in the Second Schedule.
(2) The oath or affirmation may be
administered--
(a) in Victoria by the Chief Commissioner,
a Deputy Commissioner, an Assistant
25
Commissioner or a magistrate; or
(b) in the jurisdiction in which the special
constable is permanently appointed by
a person who is authorised under the
law of that jurisdiction to administer an
30
oath or affirmation of appointment to a
member of the police force of that
jurisdiction.
15
551381B.I1-18/10/2005 BILL LA INTRODUCTION 18/10/2005
Investigative, Enforcement and Police Powers Acts
(Amendment) Act 2005
Act No.
Part 7--Police Regulation Act 1958
s. 16
(3) If the oath or affirmation is administered in
Victoria by a person other than the Chief
Commissioner, the person must forward a
copy of the oath or affirmation as subscribed
by the special constable to the Chief
5
Commissioner within 14 days.
(4) If the oath or affirmation is administered
outside Victoria, the person who administers
it must forward to the Chief Commissioner,
within 14 days--
10
(i) a copy of the oath or affirmation as
subscribed by the special constable; and
(ii) a written statement, signed by the
person, of the person's name and
authority to administer the oath or
15
affirmation.
(5) Failure to comply with sub-section (3) or (4)
does not invalidate the appointment of a
special constable.
102N. Status and powers of special constable
20
(1) Subject to this section, a special constable is
a member of the force.
(2) Without limiting sub-section (1), a special
constable has all the powers and privileges,
and is subject to all the duties, of a constable
25
at common law or under any Act.
Note: Special constables also have immunity as
members of the force (see section 123) and are
not required to produce proof of their
30 appointment (see section 15).
16
551381B.I1-18/10/2005 BILL LA INTRODUCTION 18/10/2005
Investigative, Enforcement and Police Powers Acts
(Amendment) Act 2005
Act No.
Part 7--Police Regulation Act 1958
s. 16
(3) A special constable is not a member of the
force for the purposes of--
(a) sections 8, 8AA, 8AB, 13, 14, 16A
and 16B;
(b) Parts III, IV (except section 69)
5
and (V);
(c) sections 119, 120, 120A, 120B
and 129;
(d) regulations made under
section 130(1)(a), (b), (c), (d), (db),
10
(dd) and (e).
(4) A special constable is not entitled to receive
any remuneration or allowances from the
force unless he or she is acting as an agent of
the police force to which he or she is
15
permanently appointed.
102O. Termination of appointment
(1) The Chief Commissioner may, orally or in
writing, terminate the appointment of a
special constable at any time.
20
Note: Section 16 provides that all powers and
authorities of a member of the force cease
when the member ceases to be a member and
section 96 requires him or her to hand back
25 any police equipment.
(2) The power of termination under sub-
section (1) may be exercised in respect of--
(a) named special constables; or
(b) special constables identified by
reference to a particular work location;
30
or
17
551381B.I1-18/10/2005 BILL LA INTRODUCTION 18/10/2005
Investigative, Enforcement and Police Powers Acts
(Amendment) Act 2005
Act No.
Part 7--Police Regulation Act 1958
s. 16
(c) special constables identified by
reference to a particular operational
unit or work group; or
(d) special constables by reference to any
other identifiable designation.
5
(3) If the Chief Commissioner terminates the
appointment of a special constable orally, the
Chief Commissioner must, within 14 days,
send written confirmation of the termination
to--
10
(a) the chief officer of the police force to
which the special constable is
permanently appointed; and
(b) if the special constable is terminated by
name--the person whose appointment
15
has been terminated.
(4) Failure to comply with sub-section (3) does
not invalidate the termination of
appointment.
102P. Discipline
20
(1) If the Chief Commissioner reasonably
believes that a special constable may have
committed a breach of discipline, the Chief
Commissioner may conduct or cause to be
conducted an investigation of the matter.
25
Note: Section 69 sets out what constitutes a breach of
discipline.
(2) If the Chief Commissioner reasonably
believes that a special constable has
committed an offence punishable by
30
imprisonment, the Chief Commissioner may
conduct or cause to be conducted an
investigation of the matter under the criminal
law.
18
551381B.I1-18/10/2005 BILL LA INTRODUCTION 18/10/2005
Investigative, Enforcement and Police Powers Acts
(Amendment) Act 2005
Act No.
Part 7--Police Regulation Act 1958
s. 16
(3) At any time during or after an investigation
under sub-section (1) or (2), the Chief
Commissioner may forward details or the
results of the investigation to the chief
officer of the police force to which the
5
special constable is permanently appointed.
(4) If a special constable has been charged under
the criminal law with an offence punishable
by imprisonment, the Chief Commissioner
may forward details or the results of the
10
charge to the chief officer of the police force
to which the special constable is permanently
appointed.
(5) This section applies whether or not the Chief
Commissioner has terminated the
15
appointment of the special constable.
Division 2--Incidents Requiring Urgent Cross-
Border Assistance
102Q. Declaration of incident
(1) The Chief Commissioner or a Deputy
20
Commissioner may, orally or in writing,
declare an incident to be an incident
requiring urgent cross-border assistance for
the purposes of this Act.
(2) In determining whether to make a
25
declaration, the Chief Commissioner or
Deputy Commissioner must have regard to--
(a) the nature, urgency and seriousness of
the incident; and
(b) the adequacy of the resources and
30
capabilities of the force to deal with the
incident without the assistance of other
jurisdictions; and
19
551381B.I1-18/10/2005 BILL LA INTRODUCTION 18/10/2005
Investigative, Enforcement and Police Powers Acts
(Amendment) Act 2005
Act No.
Part 7--Police Regulation Act 1958
s. 16
(c) the expertise and assistance that could
be expected to be provided by other
jurisdictions.
(3) A person who has made a declaration under
this section must forward a copy of the
5
declaration, or written confirmation of the
declaration, to the Minister as soon as
practicable, and in any event within 14 days,
after making the declaration.
(4) If a Deputy Commissioner makes a
10
declaration under this section, he or she must
forward a copy of the declaration, or written
confirmation of the declaration, to the Chief
Commissioner as soon as practicable.
(5) Failure to comply with sub-section (3) or (4)
15
does not invalidate the declaration.
102R. Period of declaration
(1) A declaration made under section 102Q
remains in force for the period (not
exceeding 14 days inclusive of the day of
20
making) specified in the declaration.
(2) A declaration may be extended once only,
for a maximum period of 14 days inclusive
of the day of making, if the extension is
made while the declaration is still in force.
25
(3) Section 102Q applies to the making of an
extension of a declaration in the same way as
it applies to the making of a declaration.
102S. Appointment of special constables during
declared incident
30
(1) During the period in which a declaration
under this Division is in force, special
constables may be appointed under
section 102L orally or in writing.
20
551381B.I1-18/10/2005 BILL LA INTRODUCTION 18/10/2005
Investigative, Enforcement and Police Powers Acts
(Amendment) Act 2005
Act No.
Part 7--Police Regulation Act 1958
s. 16
(2) If any special constables are appointed
during the period in which a declaration
under this Division is in force, the person
who appointed them must, as soon as
practicable after the end of that period--
5
(a) forward written confirmation of the
appointment to the Minister,
specifying--
(i) the name of each person
appointed; and
10
(ii) the police force to which each
such person is permanently
appointed; and
(iii) the rank of each such person in
that police force; and
15
(b) forward written confirmation of the
appointment to each person appointed
that he or she was appointed as a
special constable and specifying the
period of the appointment.
20
(3) Sub-section (2) applies whether a special
constable was appointed individually or by
reference to a work location, operational
unit, work group or other designation.
(4) Failure to comply with sub-section (2) does
25
not invalidate the appointment of a special
constable.
102T. Oath or affirmation
(1) Despite section 102M(1), it is not necessary
for a special constable appointed during the
30
period in which a declaration under this
Division is in force to take an oath or make
an affirmation before acting in the office of
special constable.
21
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(Amendment) Act 2005
Act No.
Part 7--Police Regulation Act 1958
s. 17
(2) However, a special constable appointed
during the period in which a declaration
under this Division is in force must take and
subscribe an oath or make and subscribe an
affirmation in accordance with section 102M
5
as soon as practicable after his or her
appointment.
102U. Termination of appointment
Unless terminated earlier under
section 102O, a special constable who is
10
appointed during the period in which a
declaration under this Division is in force
ceases to be a special constable at the end of
that period.".
17. Regulations
15
For section 130(1)(da) of the Police Regulation
Act 1958 substitute--
"(da) special constables under Part VC;".
18. New section 134 inserted
After section 133 of the Police Regulation Act
20
1958 insert--
'134. Transitional provision for special
constables
(1) A person who, immediately before the
commencement day, held an appointment as
25
a member of the force under regulation 15 of
the Police Regulations 2003, is taken on and
after the commencement day to be a special
constable as if he or she had been appointed
under Division 1 of Part VC of this Act.
30
22
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(Amendment) Act 2005
Act No.
Part 7--Police Regulation Act 1958
s. 19
(2) In this section--
"commencement day" means the day on
which section 18 of the Investigative,
Enforcement and Police Powers Acts
(Amendment) Act 2005 comes into
5
operation.'.
19. Oath or affirmation
In the Second Schedule to the Police Regulation
Act 1958, after Form B insert--
10 "FORM C
OATH FOR SPECIAL CONSTABLES
I swear by Almighty God that I will
well and truly serve our Sovereign Lady the Queen as a
special constable in Victoria, without favour or affection,
15 malice or ill-will; that I will see and cause Her Majesty's
peace to be kept and preserved; and that I will prevent to the
best of my power all offences against the same, and that
while I shall continue to be a special constable I will to the
best of my skill and knowledge discharge all the duties
20 legally imposed upon me faithfully and according to law.
AFFIRMATION FOR SPECIAL CONSTABLES
I do solemnly and sincerely affirm
that I will well and truly serve our Sovereign Lady the
Queen as a special constable in Victoria, without favour or
25 affection, malice or ill-will; that I will see and cause Her
Majesty's peace to be kept and preserved; and that I will
prevent to the best of my power all offences against the
same, and that while I shall continue to be a special
constable I will to the best of my skill and knowledge
30 discharge all the duties legally imposed upon me faithfully
and according to law.".
__________________
23
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Investigative, Enforcement and Police Powers Acts
(Amendment) Act 2005
Act No.
Part 8--Surveillance Devices (Amendment) Act 2004
s. 20
See: PART 8--SURVEILLANCE DEVICES (AMENDMENT)
Act No.
ACT 2004
26/2004
and
amending
20. Consequential repeal
Act No.
63/2004.
Section 19 of the Surveillance Devices
Statute Book:
(Amendment) Act 2004 is repealed.
5 www.dms.
dpc.vic.
gov.au
__________________
24
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Investigative, Enforcement and Police Powers Acts
(Amendment) Act 2005
Act No.
Part 9--Telecommunications (Interception) (State Provisions) Act 1988
s. 21
See:
PART 9--TELECOMMUNICATIONS (INTERCEPTION)
Act No.
(STATE PROVISIONS) ACT 1988 46/1988.
Reprint No. 1
as at
21. Purpose 10 October
1996
In section 1 of the Telecommunications and
(Interception) (State Provisions) Act 1988, after
5 amending
Act Nos
"Victoria" insert "and the Office of Police 65/2001 and
Integrity". 52/2003.
LawToday:
22. Definitions www.dms.
dpc.vic.
gov.au
In section 3(1) of the Telecommunications
(Interception) (State Provisions) Act 1988--
10
(a) insert the following definitions--
' "Director" means the Director, Police
Integrity under section 102A(2) of the
Police Regulation Act 1958;
"member of staff of the Office of Police
15
Integrity" means--
(a) the Director; or
(b) an employee in the Office of
Police Integrity; or
(c) a person who is seconded to the
20
Office of Police Integrity;
"Office of Police Integrity" means the
Office of Police Integrity established by
section 102A(1) of the Police
Regulation Act 1958;
25
"Special Investigations Monitor" means
the Special Investigations Monitor
appointed under the Major Crime
(Special Investigations Monitor) Act
2004;';
30
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Act No.
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s. 22
(b) in the definition of "agency", after
paragraph (d) insert--
"(e) the Office of Police Integrity;";
(c) the definition of "certifying officer" is
repealed;
5
(d) for the definition of "inspecting officer"
substitute--
' "inspecting officer" means the Special
Investigations Monitor or an employee
in the office of the Special
10
Investigations Monitor;';
(e) for the definition of "permitted purpose"
substitute--
' "permitted purpose" means--
(a) in relation to the Police Force--
15
(i) an investigation by the
Police Force of a prescribed
offence within the meaning
of the Commonwealth Act;
or
20
(ii) the making by an authority,
body or person of a decision
whether or not to begin a
relevant proceeding in
relation to the Police Force;
25
or
(iii) a relevant proceeding in
relation to the Police Force;
or
(iv) the exercise by the Chief
30
Commissioner of Police of
the powers conferred by
section 68 of the
Commonwealth Act; or
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Act No.
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s. 22
(v) the keeping of records by
the Police Force under
sections 5, 6 and 9; or
(vi) an inspection of the records
of the Police Force made
5
under section 11; or
(vii) a report on such an
inspection; or
(viii) an investigation of, or an
inquiry into, alleged
10
misbehaviour, or alleged
improper conduct, of an
officer of the State of
Victoria, being an
investigation or inquiry
15
under a law of this State or
by a person in the person's
capacity as an officer of this
State; or
(ix) a report on such an
20
investigation or inquiry; or
(x) the making by a person of a
decision in relation to the
appointment, re-
appointment, term of
25
appointment, retirement or
termination of appointment
of an officer or member of
staff of the Police Force; or
(xi) a review (whether by way of
30
appeal or otherwise) of a
decision referred to in sub-
paragraph (x); or
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Act No.
Part 9--Telecommunications (Interception) (State Provisions) Act 1988
s. 22
(xii) the tendering to the
Governor in Council of
advice to terminate, because
of misbehaviour or improper
conduct, the appointment of
5
an officer of this State; or
(xiii) deliberations of the Governor
in Council in connection
with advice to terminate,
because of misbehaviour or
10
improper conduct, the
appointment of an officer of
this State;
(b) in relation to the Office of Police
Integrity--
15
(i) an investigation by the
Director under the Police
Regulation Act 1958 into
the conduct of a member of
the force; or
20
(ii) an investigation by the
Director under the Police
Regulation Act 1958 or
under the Whistleblowers
Protection Act 2001 into
25
serious misconduct; or
(iii) a report on an investigation
under sub-paragraph (i)
or (ii); or
(iv) an investigation by the
30
Office of Police Integrity of
a prescribed offence within
the meaning of the
Commonwealth Act; or
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Act No.
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s. 23
(v) the making by an authority,
body or person of a decision
whether or not to begin a
relevant proceeding in
relation to the Office of
5
Police Integrity; or
(vi) a relevant proceeding in
relation to the Office of
Police Integrity; or
(vii) the exercise by the Director
10
of the powers conferred by
section 68 of the
Commonwealth Act; or
(viii) the keeping of records by the
Office of Police Integrity
15
under sections 9A, 9B
and 9E; or
(ix) an inspection of the records
of the Office of Police
Integrity made under
20
section 14; or
(x) a report on such an
inspection;'.
23. Functions of the police force
In section 6(1) of the Telecommunications
25
(Interception) (State Provisions) Act 1988--
(a) after paragraph (a) insert--
"(ab) in relation to each Part VI warrant
whose authority is exercised by the
Police Force, particulars of--
30
(i) the warrant; and
(ii) the day on which, and the time at
which, each interception under the
warrant began; and
29
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(Amendment) Act 2005
Act No.
Part 9--Telecommunications (Interception) (State Provisions) Act 1988
s. 24
(iii) the duration of each such
interception; and
(iv) the name of the person who
carried out each such interception;
and
5
(v) in relation to a named person
warrant--each service to or from
which communications have been
intercepted under the warrant;
and";
10
(b) after "in writing" insert "or by means of a
computer".
24. New Part 2A inserted
After Part 2 of the Telecommunications
(Interception) (State Provisions) Act 1988
15
insert--
"PART 2A--FUNCTIONS OF THE OFFICE OF
POLICE INTEGRITY
9A. Documents connected with issue of
warrants to be kept
20
The Director must cause to be kept in the
records of the Office of Police Integrity--
(a) a copy of each warrant issued to the
Office of Police Integrity, certified in
writing by a certifying officer to be a
25
true copy of the warrant; and
(b) a copy of each notification under
section 53(1)(b) of the Commonwealth
Act of the issue of such a warrant; and
30
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(Amendment) Act 2005
Act No.
Part 9--Telecommunications (Interception) (State Provisions) Act 1988
s. 24
(c) a copy of each instrument revoking
such a warrant, certified in writing by a
certifying officer to be a true copy of
the instrument; and
(d) a copy of each certificate issued under
5
section 61(4) of the Commonwealth
Act by a certifying officer; and
(e) a copy of each authorisation by the
Director under section 66(2) of the
Commonwealth Act; and
10
(f) particulars of any telephone application
for a Part VI warrant made by the
Office of Police Integrity.
9B. Other records to be kept in connection
with interceptions
15
(1) The Director must cause--
(a) in relation to each application by the
Office of Police Integrity for a Part VI
warrant, a statement as to whether--
(i) the application was withdrawn or
20
refused; or
(ii) a warrant was issued on the
application; and
(b) in relation to each Part VI warrant
whose authority is exercised by the
25
Office of Police Integrity, particulars
of--
(i) the warrant; and
(ii) the day on which, and the time at
which, each interception under the
30
warrant began; and
31
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(Amendment) Act 2005
Act No.
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s. 24
(iii) the duration of each such
interception; and
(iv) the name of the person who
carried out each such interception;
and
5
(v) in relation to a named person
warrant--each service to or from
which communications have been
intercepted under the warrant; and
(c) in relation to each restricted record that
10
has at any time been in the possession
of the Office of Police Integrity,
particulars of--
(i) if the restricted record is a record
obtained by an interception under
15
a warrant issued to the Office of
Police Integrity--that warrant;
and
(ii) each occasion when the restricted
record came (whether by its
20
making or otherwise) to be in the
possession of the Office of Police
Integrity; and
(iii) each occasion (if any) when the
restricted record ceased (whether
25
by its destruction or otherwise) to
be in the possession of the Office
of Police Integrity; and
(iv) each agency or other body (if any)
from or to which, or other person
30
(if any) from or to whom, the
Office of Police Integrity received
or supplied the restricted record;
and
32
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Investigative, Enforcement and Police Powers Acts
(Amendment) Act 2005
Act No.
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s. 24
(d) particulars of each use made by the
Office of Police Integrity of lawfully
obtained information; and
(e) particulars of each communication of
lawfully obtained information by a
5
member of staff of the Office of Police
Integrity to a person or body other than
such a member of staff; and
(f) particulars of each occasion when, to
the knowledge of a member of staff of
10
the Office of Police Integrity, lawfully
obtained information was given in
evidence in a relevant proceeding in
relation to the Office of Police
Integrity--
15
to be recorded in writing or by means of a
computer as soon as practicable after the
happening of the events to which the
particulars relate or the statement relates, as
the case may be.
20
(2) The Director must cause to be kept in the
records of the Office of Police Integrity each
record that the Director has caused to be
made under this section.
9C. Documents to be given to the Minister
25
(1) The Director must give to the Minister--
(a) a copy of each warrant issued to the
Office of Police Integrity, and of each
instrument under section 52 or 57 of the
Commonwealth Act revoking such a
30
warrant, as soon as practicable after the
issue or revocation of the warrant; and
33
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(Amendment) Act 2005
Act No.
Part 9--Telecommunications (Interception) (State Provisions) Act 1988
s. 24
(b) within 3 months after a warrant issued
to the Office of Police Integrity ceases
to be in force, a written report about--
(i) the use made by the Office of
Police Integrity of information
5
obtained by interceptions under
the warrant; and
(ii) the communication of that
information to persons other than
members of staff of the Office of
10
Police Integrity; and
(c) as soon as practicable, and in any event
within 2 months, after each 30 June, a
written report that sets out such
information as--
15
(i) Division 2 of Part IX of the
Commonwealth Act requires to be
set out in the Minister's report
under that Division relating to the
year ending on that 30 June; and
20
(ii) can be derived from the records of
the Office of Police Integrity.
(2) The Director must give to the Attorney-
General--
(a) a copy of each warrant, and of each
25
instrument, referred to in sub-section
(1)(a), within 28 days after the warrant
ceases to be in force; and
(b) a copy of each report referred to in sub-
section (1)(c).
30
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(Amendment) Act 2005
Act No.
Part 9--Telecommunications (Interception) (State Provisions) Act 1988
s. 24
9D. Documents to be given by State Minister
to Commonwealth Minister
The Minister must give to the Minister
administering the Commonwealth Act, as
soon as practicable after--
5
(a) a copy of a warrant issued to the Office
of Police Integrity; or
(b) a copy of an instrument revoking such a
warrant; or
(c) a report of a kind referred to in
10
section 9C(1)(b) or (c)--
is given to the Minister, a copy of the
warrant, instrument or report, as the case
may be.
9E. Keeping and destruction of restricted
15
records
(1) The Director must cause a restricted record
(whether made before or after the
commencement of section 35 of the
Commonwealth Act) that is in the possession
20
of the Office of Police Integrity to be kept,
except when it is being otherwise dealt with
in accordance with the Commonwealth Act
and this Act, in a secure place where it is not
accessible to persons other than persons who
25
are entitled so to deal with it.
(2) The Director must cause a restricted record
of a kind referred to in sub-section (1) to be
destroyed forthwith if he or she is satisfied
that the restricted record is not likely to be
30
required for a permitted purpose in relation
to the Office of Police Integrity, other than a
purpose connected with an inspection of the
kind referred to in section 14 or with a report
on such an inspection.".
35
35
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(Amendment) Act 2005
Act No.
Part 9--Telecommunications (Interception) (State Provisions) Act 1988
s. 25
25. New Part 3 substituted
For Part 3 of the Telecommunications
(Interception) (State Provisions) Act 1988
substitute--
'PART 3--FUNCTIONS OF THE SPECIAL
5
INVESTIGATIONS MONITOR
Division 1--Introduction
10. Functions--generally
The Special Investigations Monitor may--
(a) inspect records of the Police Force in
10
order to ascertain the extent of
compliance by officers of the Police
Force with Part 2; and
(b) inspect records of the Office of Police
Integrity in order to ascertain the extent
15
of compliance by members of staff of
the Office of Police Integrity with
Part 2A; and
(c) report to the Minister about the results
of those inspections; and
20
(d) do anything incidental or conducive to
the performance of any of the preceding
functions.
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(Amendment) Act 2005
Act No.
Part 9--Telecommunications (Interception) (State Provisions) Act 1988
s. 25
Division 2--Inspection of Records of Police
Force
11. Regular inspections of records of Police
Force
(1) The Special Investigations Monitor must
5
inspect the records of the Police Force--
(a) at least once during the period
beginning on the commencement day
and ending on the following 30 June;
and
10
(b) at least twice during each financial year
beginning after the 30 June referred to
in paragraph (a)--
in order to ascertain the extent to which the
officers of the Police Force have complied
15
with Part 2 since the commencement day, or
since the last inspection under this Division
of the records of the Police Force, as the case
requires.
(2) The Special Investigations Monitor may at
20
any time inspect records of the Police Force
in order to ascertain the extent to which
officers of the Police Force have complied
during any period with Part 2.
(3) In this section--
25
"commencement day" means the day on
which section 25 of the Investigative,
Enforcement and Police Powers Acts
(Amendment) Act 2005 comes into
operation.
30
37
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(Amendment) Act 2005
Act No.
Part 9--Telecommunications (Interception) (State Provisions) Act 1988
s. 25
12. Reports
(1) The Special Investigations Monitor must, as
soon as practicable, and in any event within
3 months, after the end of each financial
year, report to the Minister in writing, about
5
the results of the inspections under
section 11(1), during that financial year, of
records of the Police Force.
(2) The Special Investigations Monitor may
report to the Minister in writing at any time
10
about the results of an inspection under this
Division and must do so if so requested by
the Minister or the Attorney-General.
(3) The Special Investigations Monitor must
give a copy of a report under sub-section (1)
15
or (2) to the Chief Commissioner of Police
and to the Attorney-General.
13. Special Investigations Monitor may report
on breaches
If, as a result of an inspection under this
20
Division of the records of the Police Force,
the Special Investigations Monitor is of the
opinion that an officer of the Police Force
has contravened--
(a) a provision of the Commonwealth Act;
25
or
(b) a requirement referred to in
section 7(1)(a) or (b)--
the Special Investigations Monitor may
include in his or her report on the inspection
30
a report on the contravention.
38
551381B.I1-18/10/2005 BILL LA INTRODUCTION 18/10/2005
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(Amendment) Act 2005
Act No.
Part 9--Telecommunications (Interception) (State Provisions) Act 1988
s. 25
Division 3--Inspection of Records of Office of
Police Integrity
14. Regular inspections of records of Office of
Police Integrity
(1) The Special Investigations Monitor must
5
inspect the records of the Office of Police
Integrity--
(a) at least once during the period
beginning on the commencement day
and ending on the following 30 June;
10
and
(b) at least twice during each financial year
beginning after the 30 June referred to
in paragraph (a)--
in order to ascertain the extent to which the
15
members of staff of the Office of Police
Integrity have complied with Part 2A since
the commencement day, or since the last
inspection under this Division of the records
of the Office of Police Integrity, as the case
20
requires.
(2) The Special Investigations Monitor may at
any time inspect records of the Office of
Police Integrity in order to ascertain the
extent to which members of staff of the
25
Office of Police Integrity have complied
during any period with Part 2A.
(3) In this section--
"commencement day" means the day on
which section 25 of the Investigative,
30
Enforcement and Police Powers Acts
(Amendment) Act 2005 comes into
operation.
39
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(Amendment) Act 2005
Act No.
Part 9--Telecommunications (Interception) (State Provisions) Act 1988
s. 25
15. Reports
(1) The Special Investigations Monitor must, as
soon as practicable, and in any event within
3 months, after the end of each financial
year, report to the Minister in writing, about
5
the results of the inspections under
section 14(1), during that financial year, of
records of the Office of Police Integrity.
(2) The Special Investigations Monitor may
report to the Minister in writing at any time
10
about the results of an inspection under this
Division and must do so if so requested by
the Minister or the Attorney-General.
(3) The Special Investigations Monitor must
give a copy of a report under sub-section (1)
15
or (2) to the Director and to the Attorney-
General.
16. Special Investigations Monitor may report
on breaches
If, as a result of an inspection under this
20
Division of the records of the Office of
Police Integrity, the Special Investigations
Monitor is of the opinion that a member of
staff of the Office of Police Integrity has
contravened--
25
(a) a provision of the Commonwealth Act;
or
(b) a requirement referred to in
section 9C(1)(a) or (b)--
the Special Investigations Monitor may
30
include in his or her report on the inspection
a report on the contravention.
40
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(Amendment) Act 2005
Act No.
Part 9--Telecommunications (Interception) (State Provisions) Act 1988
s. 25
Division 4--General Functions and Powers
17. Definitions
In this Division--
"relevant agency" means--
(a) the Police Force, in relation to an
5
inspection of the records of the
Police Force;
(b) the Office of Police Integrity, in
relation to an inspection of the
records of the Office of Police
10
Integrity;
"relevant agency head" means--
(a) the Chief Commissioner of Police,
in relation to an inspection of the
records of the Police Force;
15
(b) the Director, in relation to an
inspection of the records of the
Office of Police Integrity;
"relevant person" means--
(a) an officer of the Police Force, in
20
relation to an inspection of the
records of the Police Force;
(b) a member of staff of the Office of
Police Integrity, in relation to an
inspection of the records of the
25
Office of Police Integrity.
41
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(Amendment) Act 2005
Act No.
Part 9--Telecommunications (Interception) (State Provisions) Act 1988
s. 25
18. Special Investigations Monitor's general
powers
(1) For the purposes of an inspection under this
Part, the Special Investigations Monitor--
(a) may, after notifying the relevant agency
5
head, enter at any reasonable time
premises occupied by the relevant
agency; and
(b) is entitled to have full and free access at
all reasonable times to all records of the
10
relevant agency; and
(c) despite any other law, is entitled to
make copies of, and to take extracts
from, records of the relevant agency;
and
15
(d) may require a relevant person to give
the Special Investigations Monitor any
information the Special Investigations
Monitor considers necessary, being
information that is in the relevant
20
person's possession, or to which the
relevant person has access, and that is
relevant to the inspection.
(2) The relevant agency head must ensure that
relevant persons provide to the Special
25
Investigations Monitor any assistance in
connection with the exercise of the Special
Investigations Monitor's functions under this
Part in relation to the relevant agency that
the Special Investigations Monitor
30
reasonably requires.
42
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(Amendment) Act 2005
Act No.
Part 9--Telecommunications (Interception) (State Provisions) Act 1988
s. 25
19. Power to obtain relevant information
(1) If the Special Investigations Monitor has
reason to believe that a relevant person is
able to give information relevant to an
inspection under this Part, sub-sections (2)
5
and (3) have effect.
(2) The Special Investigations Monitor may, by
writing given to the relevant person, require
him or her to give the information to the
Special Investigations Monitor--
10
(a) by writing signed by the relevant
person; and
(b) at a specified place and within a
specified period.
(3) The Special Investigations Monitor may, by
15
writing given to the relevant person, require
him or her to attend--
(a) before a specified inspecting officer;
and
(b) at a specified place; and
20
(c) within a specified period or at a
specified time on a specified day--
in order to answer questions relevant to the
inspection.
(4) If the Special Investigations Monitor--
25
(a) has reason to believe that a relevant
person is able to give information
relevant to an inspection under this
Part; and
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s. 25
(b) does not know the relevant person's
identity--
the Special Investigations Monitor may, by
writing given to the relevant agency head,
require the relevant agency head, or a person
5
nominated by the relevant agency head, to
attend--
(c) before a specified inspecting officer;
and
(d) at a specified place; and
10
(e) within a specified period or at a
specified time on a specified day--
in order to answer questions relevant to the
inspection.
(5) The place, and the period or the time and
15
day, specified in a requirement under this
section must be reasonable having regard to
the circumstances in which the requirement
is made.
20. Special Investigations Monitor to be given
20
information and access despite other laws
(1) Despite any other law, a person is not
excused from giving information, answering
a question, or giving access to a document,
as and when required by or under this Part,
25
on the ground that giving the information,
answering the question, or giving access to
the document, as the case may be, would
contravene a law, would be contrary to the
public interest or might tend to incriminate
30
the person or make the person liable to a
penalty but--
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Act No.
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s. 25
(a) the information, the answer, or the fact
that the person has so given access to
the document, as the case may be; and
(b) any information or thing (including a
document) obtained as a direct
5
consequence of giving the first-
mentioned information, answering the
question or giving access to the first-
mentioned document, as the case may
be--
10
is not admissible in evidence against the
person except in a proceeding by way of a
prosecution for an offence against section 23.
(2) Nothing in any other law prevents a relevant
person from--
15
(a) giving information to an inspecting
officer (whether orally or in writing and
whether or not in answer to a question);
or
(b) giving to an inspecting officer access to
20
a record of a relevant agency--
for the purposes of an inspection under this
Part.
(3) Nothing in any other law prevents a relevant
person from making a record of information,
25
or causing a record of information to be
made, for the purposes of giving the
information to a person as permitted by sub-
section (2).
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s. 25
20A. Dealing with information for the purposes
of inspection and report
If--
(a) information is given or communicated
to an inspecting officer, as permitted by
5
section 20(2) or this section, for the
purposes of an inspection, or of a report
on an inspection, under this Part; or
(b) an inspecting officer obtains
information as a result of being given
10
access to records, as permitted by
section 20(2), for the purposes of an
inspection under this Part--
the inspecting officer may, despite any other
law, communicate to another inspecting
15
officer, make use of, or make a record of, the
information for the purposes of an
inspection, or of a report on an inspection,
under this Part.
20B. Special Investigations Monitor not to be
20
sued
An inspecting officer, or a person acting
under an inspecting officer's direction or
authority, is not liable to an action, suit or
proceeding for or in relation to an act done,
25
or omitted to be done, in good faith in the
exercise, or the purported exercise, of a
function conferred by this Part.
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s. 26
20C. Delegation by Special Investigations
Monitor
The Special Investigations Monitor may
delegate to another inspecting officer any of
the Special Investigations Monitor's
5
functions under this Act, other than--
(a) this power of delegation; and
(b) a power to report to the Minister.'.
26. Further amendments
In the Telecommunications (Interception)
10
(State Provisions) Act 1988--
(a) in section 21, after "section 11" insert
"or 14";
(b) in section 23--
(i) in sub-section (1), for "section 15"
15
substitute "section 19";
(ii) in sub-section (2)(a), for
"Ombudsman's" substitute "Special
Investigations Monitor's".
__________________
47
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(Amendment) Act 2005
Act No.
Part 10--Magistrates' Court Act 1989
s. 27
See: PART 10--MAGISTRATES' COURT ACT 1989
Act No.
51/1989.
27. Amendment of section 140 of Magistrates' Court
Reprint No. 11
as at
Act 1989
1 July 2005
and
(1) After section 140(1)(f) of the Magistrates' Court
amending
Act 1989 insert--
5 Act No.
45/2005.
LawToday: "(g) prescribing procedures and other matters for
www.dms.
the purposes of Part 5 of Schedule 7; and".
dpc.vic.
gov.au
(2) After section 140(2) of the Magistrates' Court
Act 1989 insert--
"(2A) Regulations made under this Act may--
10
(a) provide for the reduction, waiver or
refund, in whole or in part, of the fees,
costs and charges fixed by regulation
under sub-section (1)(a) or (b); and
(b) provide, in specified circumstances, for
15
the reinstatement or payment, in whole
or in part, of any fee, cost or charge
reduced, waived or refunded by the
regulations.
(2B) Without limiting sub-section (3)(b), if the
20
regulations provide for a reduction, waiver or
refund, in whole or in part, of a fee, cost or
charge pursuant to sub-section (2A), the
reduction, waiver or refund--
(a) may be expressed to apply either
25
generally or specifically--
(i) in respect of certain matters or
classes of matters;
(ii) in respect of certain persons or
classes of persons;
30
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Part 10--Magistrates' Court Act 1989
s. 27
(iii) in respect of a specified class of
prescribed offence within the
meaning of Schedule 7, including
offences committed before or after
the commencement of the
5
regulations providing for the
reduction, waiver or refund, in
whole or in part, of the fees, costs
and charges;
(iv) in respect of a specified class of
10
infringement notice or penalty
notice within the meaning of
Schedule 7, including notices
issued or served before or after the
commencement of the regulations
15
providing for the reduction,
waiver or refund, in whole or in
part, of the fees, costs and
charges;
(v) in respect of a specified
20
enforcement agency or class of
enforcement agency within the
meaning of Schedule 7;
(vi) for a specified period or periods or
from a specified commencement
25
date to a specified expiry date;
(vii) in respect of any combination of
the matters referred to in
paragraphs (i) to (vi);
(b) may be subject to specified
30
conditions.".
49
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Act No.
Part 10--Magistrates' Court Act 1989
s. 28
(3) In section 140(3) of the Magistrates' Court Act
1989--
(a) in paragraph (b) for "fees." substitute
"fees; and";
(b) after paragraph (b) insert--
5
"(c) so as to be of limited or general
application.".
28. Amendment of Schedule 7
(1) In clause 2 of Schedule 7 to the Magistrates'
Court Act 1989 insert the following definition--
10
' "payment plan" means a plan under Part 5 of
this Schedule;'.
(2) In clause 3(2A) of Schedule 7 to the Magistrates'
Court Act 1989--
(a) in paragraph (a) for "by instalments"
15
substitute "by a payment plan";
(b) for "entering into an arrangement to pay the
infringement penalty and costs by
instalments" substitute "agreeing to pay the
infringement penalty and prescribed costs by
20
a payment plan".
(3) Insert the following heading to clause 3A of
Schedule 7 to the Magistrates' Court Act 1989--
"Agreeing to pay by payment plan or making
part payment has same effect as full payment".
25
(4) In clause 3A(2) of Schedule 7 to the Magistrates'
Court Act 1989--
(a) for "on" substitute "on--";
(b) for "entering into an arrangement to pay the
infringement penalty and costs by
30
instalments" substitute--
50
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Act No.
Part 10--Magistrates' Court Act 1989
s. 28
"(a) agreeing to pay the infringement
penalty and prescribed costs by a
payment plan; or
(b) making a part payment of the
infringement penalty and prescribed
5
costs otherwise than under a payment
plan.".
(5) For clause 4(1)(a)(ii) of Schedule 7 to the
Magistrates' Court Act 1989 substitute--
"(ii) who have agreed to pay the infringement
10
penalty and prescribed costs by a payment
plan, but who have subsequently defaulted
on payment of the plan; or
(iii) have made a part payment of the
infringement penalty and prescribed costs
15
otherwise than under a payment plan and
have subsequently defaulted in making any
further payment; and".
(6) In clause 4(2)(d) of Schedule 7 to the
Magistrates' Court Act 1989, after "paid" insert
20
", whether in full or in part,".
(7) For clause 4(2)(da) of Schedule 7 to the
Magistrates' Court Act 1989 substitute--
"(da) if a payment plan applies to the person, the
person has defaulted in making a payment
25
under the payment plan and a specified
amount still remains to be paid under the
payment plan; and
(db) if a part payment of the infringement penalty
and prescribed costs otherwise than under a
30
payment plan has been made but no further
payment has been made and a specified
amount still remains to be paid; and".
51
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Act No.
Part 10--Magistrates' Court Act 1989
s. 29
29. Addresses--Mitcham-Frankston Project Act 2004
(1) In clause 14(2)(d)(ii) of Schedule 7 to the
Magistrates' Court Act 1989, for "the vehicle."
substitute "the vehicle; or".
(2) After clause 14(2)(d) of Schedule 7 to the
5
Magistrates' Court Act 1989 insert--
"(e) if the infringement notice was issued in
respect of an offence against section 204 of
the Mitcham-Frankston Project Act
2004--
10
(i) to the last address of the owner of the
vehicle within the meaning of that Act;
or
(ii) if a statement or declaration has been
supplied under section 199 or 219 of
15
that Act, to the last address of the
person alleged in that statement or
declaration to have been the driver of
the vehicle.".
30. Application of new Part 5 of Schedule 7 to penalty
20
notices
(1) Insert the following heading to clause 15 of
Schedule 7 to the Magistrates' Court Act 1989--
"Application of Parts 2 and 5 to penalty
notices".
25
(2) In clause 15 of Schedule 7 to the Magistrates'
Court Act 1989--
(a) after "14B," insert "and Part 5 of this
Schedule,";
(b) in paragraph (a), after "those clauses" insert
30
"or that Part".
52
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Act No.
Part 10--Magistrates' Court Act 1989
s. 31
31. Adjournment of hearing
In clause 23(2) of Schedule 7 to the Magistrates'
Court Act 1989, after "an instalment
arrangement" insert ", an instalment order or a
payment plan".
5
32. New Part 5 of Schedule 7 inserted
After Part 4 of Schedule 7 to the Magistrates'
Court Act 1989 insert--
"PART 5--PAYMENT PLANS
10 30. Central payment plan facility
The Secretary has the function of establishing and
maintaining a central payment plan facility.
31. Functions of Secretary under this Part
The functions of the Secretary under this Part in
15 establishing and maintaining a central payment plan
facility are--
(a) to manage the payment of infringement
penalties and prescribed costs by payment plans
for natural persons referred to the Secretary
20 under this Part by an enforcement agency; and
(b) to ensure that all infringement penalties and
prescribed costs owed by a person to whom a
payment plan applies which are referred by an
enforcement agency to the Secretary for
25 management by a payment plan, are
accommodated in one payment plan managed
by the Secretary; and
(c) to apply the payments received under a
payment plan in order of priority so that the
30 infringement penalties and prescribed costs in
relation to the oldest infringement notice to
which the penalties and costs under the
payment plan relates is paid out first.
53
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(Amendment) Act 2005
Act No.
Part 10--Magistrates' Court Act 1989
s. 32
32. Powers of Secretary
(1) The Secretary has power to do anything that is
necessary or convenient to be done for or in
connection with carrying out the Secretary's functions
5 under this Part.
(2) Without limiting sub-clause (1), the Secretary may
enter into arrangements or agreements with any
person or body, with appropriate skills and
experience, to act as the Secretary's agent in the
10 carrying out of any functions under this Part.
33. Delegation
The Secretary may delegate any powers or functions
under this Part other than this power of delegation
to--
15 (a) a person or class of persons employed under
Part 3 of the Public Administration Act 2004;
(b) a person or body with appropriate skills and
experience, to carry out the Secretary's powers
or functions.
20 34. Payment plans available in certain circumstances
(1) At any time before an infringement penalty is
registered under clause 4, a natural person served with
an infringement notice may apply to an enforcement
agency for a payment plan to pay the infringement
25 penalty and any prescribed costs in respect of the
offence to which the infringement notice relates.
(2) An enforcement agency must offer a payment plan to
a person who applies under sub-section (1) if the
person meets the prescribed eligibility criteria (if any).
30 (3) An enforcement agency may offer a payment plan to a
person who applies under sub-clause (1) if the
enforcement agency decides, in its discretion, that the
person should be offered a payment plan.
(4) An enforcement agency may offer a payment plan--
35 (a) by arrangement and management of a payment
plan for the person to whom it applies by that
agency; or
(b) by referring the infringement penalty and
prescribed costs to the Secretary for
40 management by a payment plan.
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(Amendment) Act 2005
Act No.
Part 10--Magistrates' Court Act 1989
s. 32
35. Payment plans
(1) A payment plan may be arranged for a natural person
by an enforcement agency or the Secretary for the
payment of--
5 (a) one infringement penalty and prescribed costs;
or
(b) 2 or more infringement penalties and prescribed
costs.
(2) A payment plan may provide for the payment of any
10 infringement penalty and prescribed costs--
(a) by instalments; or
(b) by an extension of time to pay; or
(c) by both instalments and an extension of time to
pay.
15 36. When does payment plan commence?
(1) A payment plan commences when the enforcement
agency or the Secretary (as the case requires) receives
the first payment under the plan from the person to
whom the proposed payment plan applies.
20 (2) If a payment is not received in accordance with sub-
clause (1) within the time specified in the proposed
payment plan, that plan is cancelled and is of no
effect.
37. Payment plans--additions, removals and
25 cancellations
(1) A person to whom a payment plan applies may
request the addition of any infringement penalty and
prescribed costs to that person's payment plan.
(2) A person to whom a payment plan applies may
30 request--
(a) the removal of any infringement penalty and
prescribed costs from that person's payment
plan; or
(b) the cancellation of the payment plan.
55
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(Amendment) Act 2005
Act No.
Part 10--Magistrates' Court Act 1989
s. 32
(3) If an enforcement agency withdraws an infringement
notice under the relevant provisions of the Act or
regulations which establishes the offence in respect of
which the infringement notice was issued, the agency
5 must request the Secretary to remove the infringement
penalty and any prescribed costs in relation to the
withdrawn infringement notice from a person's
payment plan.
(4) If an infringement penalty and prescribed costs are
10 removed from a payment plan in accordance with a
request of a person under sub-clause (2)(a) or an
enforcement agency under sub-clause (3), or a
payment plan is cancelled in accordance with sub-
clause (2)(b), any money paid in respect of that
15 infringement penalty and prescribed costs is--
(a) to be allocated to the payment of the oldest
infringement notice to which the infringement
penalty and prescribed costs relate then
remaining in the payment plan; or
20 (b) subject to sub-clause (5), if the removal or
cancellation results in the completion of the
payment plan and there is an overpayment--
(i) the person is entitled to a refund of any
overpayment of money paid; and
25 (ii) the Consolidated Fund is hereby
appropriated accordingly.
(5) A person is not entitled to a refund under sub-clause
(4)(b) if at the time the infringement penalty and
prescribed costs are removed from the payment plan
30 or the payment plan is cancelled--
(a) that person has already paid in full the amount
due for the infringement penalty and prescribed
costs; and
(b) the alleged offence to which the infringement
35 notice related has been expiated by that
payment.
56
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Investigative, Enforcement and Police Powers Acts
(Amendment) Act 2005
Act No.
Part 10--Magistrates' Court Act 1989
s. 32
38. Allocation of money received under payment plan
(1) An enforcement agency or the Secretary (as the case
requires) must allocate money received under a
payment plan in order of priority based on the date
5 each infringement notice was issued in respect of the
infringement penalty and any prescribed costs under
the payment plan, with the infringement penalty and
any prescribed costs under the oldest notice being
paid out first.
10 (2) The order of priority to be applied when payments
under a payment plan are allocated applies--
(a) to all payment plans managed by the Secretary
or by an enforcement agency; and
(b) in the case of payment plans managed by the
15 Secretary, regardless of the origin of the
infringement penalty and any prescribed costs
under the payment plan.
(3) If a person to whom a payment plan applies makes an
overpayment by continuing payments after the
20 payment plan is completed, the Secretary or an
enforcement agency (as the case requires) must advise
the person to whom the plan applies of the
overpayment and may--
(a) if the person has other outstanding infringement
25 penalties and any prescribed costs or
outstanding enforcement orders, offer to apply
the amount of the overpayment to those
outstanding infringement penalties and
prescribed costs or any outstanding
30 enforcement orders (as the case requires) if the
person--
(i) consents to the amount being so applied;
and
(ii) directs the agency or Secretary to do so;
35 or
(b) refund the amount of the overpayment to the
person and the Consolidated Fund is hereby
appropriated accordingly.
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(Amendment) Act 2005
Act No.
Part 10--Magistrates' Court Act 1989
s. 32
39. Provision of current contact details
(1) If an infringement penalty and prescribed costs are
referred to the Secretary for management by a
payment plan, the enforcement agency must provide
5 the Secretary with the most up-to-date contact details
of the person to whom the payment plan applies.
(2) It is sufficient compliance with sub-clause (1) if, on
deciding to refer management of the infringement
penalty and prescribed costs by payment plan to the
10 Secretary, an enforcement agency--
(a) requests the person to whom the payment plan
applies to confirm the details of any address
that the enforcement agency has in the agency's
records for that person; and
15 (b) supplies the confirmed address in accordance
with paragraph (a) to the Secretary when the
agency makes a referral under sub-clause (1).
(3) This clause applies despite anything to the contrary in
any Act or regulations under which the enforcement
20 agency is established or operates.
(4) The Secretary must notify an enforcement agency
which referred an infringement penalty and prescribed
costs to the Secretary for management of a payment
plan in respect of a person of the last known address
25 of the person to whom the payment plan applies if that
person--
(a) defaults in payment of the plan; or
(b) requests the removal of an infringement penalty
and prescribed costs from a payment plan under
30 clause 37(2)(a); or
(c) requests the cancellation of a payment plan
under clause 37(2)(b).
40. Defaulting on a payment plan
(1) A person defaults in the payment of a payment plan if
35 an enforcement agency or the Secretary (as the case
requires) does not receive a payment in accordance
with that plan within 14 days or a longer prescribed
period (if any) after the due date of the payment.
58
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(Amendment) Act 2005
Act No.
Part 10--Magistrates' Court Act 1989
s. 33
(2) If an enforcement agency or the Secretary does not
receive a payment within the time specified in sub-
clause (1), the agency or Secretary (as the case
requires) must send a written notice to the person to
5 whom the payment plan applies advising that person
of the default.".
33. New clause 35 of Schedule 8 inserted
After clause 34 of Schedule 8 to the Magistrates'
Court Act 1989 insert--
10 "35. Savings provisions--instalment arrangements and
payment plans
(1) Despite the amendment of Schedule 7 by section 28
of the Investigative, Enforcement and Police
Powers Acts (Amendment) Act 2005--
15 (a) any instalment arrangement of a kind referred
to in clause 3(2A) of Schedule 7 in force
immediately before the commencement of
section 28 of that Act continues to have effect
and may be enforced in accordance with
20 Schedule 7 as in force immediately before that
commencement as if those amendments had not
been made; and
(b) any certificate under clause 4(2) of Schedule 7
provided to a registrar under clause 4(1) of that
25 Schedule which certifies as to a matter referred
to in clause 4(2)(da) as in force immediately
before the commencement of section 28 of that
Act--
(i) continues to have effect as if those
30 amendments had not been made; and
(ii) is a valid certificate for the purposes of
enforcement under Schedule 7 of the
infringement penalty and any prescribed
costs to which that certificate relates; and
35 (c) clause 3A of Schedule 7 as in force
immediately before the commencement of
section 28 of that Act continues to have effect
in respect of any instalment arrangement to
which that clause applied immediately before
40 that commencement as if clause 3A had not
been amended by that Act.
59
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(Amendment) Act 2005
Act No.
Part 10--Magistrates' Court Act 1989
s. 33
(2) Nothing in this clause prevents an instalment
arrangement of a kind referred to in clause 3(2A) of
Schedule 7 in force immediately before the
commencement of section 28 of the Investigative,
5 Enforcement and Police Powers Acts
(Amendment) Act 2005 being cancelled or revoked
and a payment plan under Part 5 of Schedule 7 being
offered and accepted in respect of any infringement
penalty and prescribed costs to which that instalment
10 arrangement applied.".
60
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Investigative, Enforcement and Police Powers Acts
(Amendment) Act 2005
Act No.
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
61
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