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JUSTICE AND ROAD LEGISLATION AMENDMENT (LAW ENFORCEMENT) BILL 2007

PARLIAMENT OF VICTORIA Justice and Road Legislation Amendment (Law Enforcement) Bill 2007 TABLE OF PROVISIONS Clause Page PART 1--PRELIMINARY 1 1 Purposes 1 2 Commencement 2 PART 2--AMENDMENTS TO THE MAGISTRATES' COURT ACT 1989 3 3 Schedule 4 amended 3 69 Police Regulation Act 1958 3 70 Sex Offenders Registration Act 2004 3 PART 3--AMENDMENTS TO THE POLICE REGULATION ACT 1958 4 4 Definitions 4 5 Delegation by the Chief Commissioner 8 6 Increase in penalty for section 102G 8 7 Insertion of new Part VIC 8 PART VIC--AGENCY PHOTOGRAPHS 8 118R Chief Commissioner may authorise the giving of agency photographs to media organisations 8 118S Application for giving of agency photograph 10 118T Considerations to be taken into account in authorising the giving of agency photographs 10 118U Offences as to use of agency photographs 12 118V Notification of authorisation under section 118R 13 118W Authorisation for media 13 118X Application for authorisation under section 118W 14 118Y Protection against actions for defamation or breach of confidence 14 118Z Protection in respect of offences 15 118ZA Procedure under section 124A not affected 15 8 Unauthorised disclosure of information and documents 15 561053B.I-18/7/2007 i BILL LA INTRODUCTION 18/7/2007

 


 

Clause Page PART 4--AMENDMENTS TO THE ROAD SAFETY ACT 1986 19 9 Insertion of new section 64A 19 64A Driving a motor vehicle when directed to stop by police 19 10 Relevant offences 20 11 Powers of Victoria Police 21 12 Surrender of motor vehicle 21 PART 5--AMENDMENTS TO THE SEX OFFENDERS REGISTRATION ACT 2004 22 13 Who is a registrable offender? 22 14 Initial report by registrable offender of personal details 22 15 Registrable offender must report changes to relevant personal details 23 16 Offence of failing to comply with reporting obligations 23 17 Access to the Register to be restricted 23 18 Substitution of section 64 24 64 Person with access to Register not to disclose personal information from it 24 19 Definition amended 25 20 New Part 5A inserted 25 PART 5A--CHANGE OF NAME 25 70A Application of Part 25 70B Definitions 25 70C Applications for change of name by or on behalf of a registrable offender 26 70D Approval by Chief Commissioner of Police 27 70E Approval to be notified in writing 27 70F Registration of change of name 28 70G Registrar may correct Register 28 70H Lapse of application where offender ceases to be a registrable offender 29 70I Information-sharing between the Secretary and the Victorian Registrar 29 70J Registrable offender who is also subject to an extended supervision order 30 70K Registrable offender who is also a prisoner on parole 30 21 New section 71A inserted 30 71A Disclosure of personal information--supervising authorities 30 561053B.I-18/7/2007 ii BILL LA INTRODUCTION 18/7/2007

 


 

Clause Page PART 6--REPEAL OF AMENDING ACT 32 22 Repeal of Act 32 ENDNOTES 33 561053B.I-18/7/2007 iii BILL LA INTRODUCTION 18/7/2007

 


 

PARLIAMENT OF VICTORIA Introduced in the Assembly Justice and Road Legislation Amendment (Law Enforcement) Bill 2007 A Bill for an Act to amend the Magistrates' Court Act 1989, the Police Regulation Act 1958, the Road Safety Act 1986 and the Sex Offenders Registration Act 2004 and for other purposes. The Parliament of Victoria enacts: PART 1--PRELIMINARY 1 Purposes The purposes of this Act are-- (a) to amend the Magistrates' Court Act 1989 5 to make provision to allow certain indictable offences under the Police Regulation Act 1958 and the Sex Offenders Registration Act 2004 to be heard and determined summarily; and 561053B.I-18/7/2007 1 BILL LA INTRODUCTION 18/7/2007

 


 

Justice and Road Legislation Amendment (Law Enforcement) Bill 2007 Part 1--Preliminary s. 2 (b) to amend the Police Regulation Act 1958 to make provision-- (i) as to the giving of certain types of photographs taken by law enforcement 5 agencies to media organisations; and (ii) as to the confidentiality of certain types of information; and (iii) as to other matters; and (c) to amend the Road Safety Act 1986 to make 10 provision-- (i) as to a further offence under that Act; and (ii) as to certain matters relating to the impoundment, immobilisation and 15 forfeiture of motor vehicles; and (d) to amend the Sex Offenders Registration Act 2004 to make provision-- (i) as to who is a registrable offender; and (ii) as to the reporting obligations of 20 registrable offenders; and (iii) as to the confidentiality of information in the register, and other personal information, relating to registrable offenders; and 25 (iv) as to change of name applications by, or on behalf of, registrable offenders. 2 Commencement (1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed. 30 (2) If a provision of this Act does not come into operation before 1 June 2008, it comes into operation on that day. __________________ 561053B.I-18/7/2007 2 BILL LA INTRODUCTION 18/7/2007

 


 

Justice and Road Legislation Amendment (Law Enforcement) Bill 2007 Part 2--Amendments to the Magistrates' Court Act 1989 s. 3 PART 2--AMENDMENTS TO THE MAGISTRATES' COURT ACT 1989 3 Schedule 4 amended After clause 68 in Schedule 4 to the Magistrates' See: Act No. 5 Court Act 1989 insert-- 51/1989. Reprint No. 12 "69 Police Regulation Act 1958 as at 1 October Offences under section 127A(1AB) of the 2006 and Police Regulation Act 1958. amending Act Nos 70 Sex Offenders Registration Act 2004 77/2004, 62/2005, 10 Offences under section 46(1) of the Sex 2/2006, 48/2006, Offenders Registration Act 2004.". 50/2006, 51/2006, 76/2006, 79//2006, 13/2007, 24/2007 and 26/2007. LawToday: www. legislation. vic.gov.au __________________ 561053B.I-18/7/2007 3 BILL LA INTRODUCTION 18/7/2007

 


 

Justice and Road Legislation Amendment (Law Enforcement) Bill 2007 Part 3--Amendments to the Police Regulation Act 1958 s. 4 PART 3--AMENDMENTS TO THE POLICE REGULATION ACT 1958 4 Definitions See: (1) In section 3(1) of the Police Regulation Act Act No. 5 6338. 1958 insert the following definitions-- Reprint No. 11 as at "agency photograph means a photograph of 9 November 2006 the face of a person, who has been and found guilty of an offence, that was amending Act Nos taken by a law enforcement agency at 10 97/2005, the time of an arrest of the person by 24/2006, 43/2006 and the agency on suspicion of an offence, 48/2006. or at the time the person was LawToday: www. interviewed by the agency in respect of legislation. an offence, or at the time another vic.gov.au 15 investigative procedure into the person was carried out by the agency in respect of an offence; authorised media organisation means a media organisation authorised under 20 section 118W; former member of police personnel means a person who has been a member of police personnel but is no longer a member of police personnel; 25 journalism means the practice of collecting, preparing for dissemination or disseminating any of the following material for the purpose of making it available to the public-- 30 (a) material having the character of news or current affairs; (b) material consisting of commentary or opinion on or analysis of news or current affairs; 561053B.I-18/7/2007 4 BILL LA INTRODUCTION 18/7/2007

 


 

Justice and Road Legislation Amendment (Law Enforcement) Bill 2007 Part 3--Amendments to the Police Regulation Act 1958 s. 4 law enforcement agency means-- (a) the force, or a member of an equivalent body in another State of the Commonwealth or the 5 Northern Territory; or (b) the Director; or (c) the Australian Federal Police within the meaning of the Australian Federal Police Act 10 1979 of the Commonwealth; or (d) the Australian Crime Commission within the meaning of the Australian Crime Commission Act 2002 of the Commonwealth; or 15 (e) the Chief Examiner and Examiners appointed under Part 3 of the Major Crime (Investigative Powers) Act 2004; or 20 (f) the Special Investigations Monitor; or (g) the Police Integrity Commission constituted by the Police Integrity Commission Act 1996 of New 25 South Wales; or (h) the Independent Commission Against Corruption constituted by the Independent Commission Against Corruption Act 1988 of 30 New South Wales; or (i) the New South Wales Crime Commission constituted by the New South Wales Crime Commission Act 1985 of New 35 South Wales; or 561053B.I-18/7/2007 5 BILL LA INTRODUCTION 18/7/2007

 


 

Justice and Road Legislation Amendment (Law Enforcement) Bill 2007 Part 3--Amendments to the Police Regulation Act 1958 s. 4 (j) the Crime and Misconduct Commission established under the Crime and Misconduct Act 2001 of Queensland; or 5 (k) the Corruption and Crime Commission established under the Corruption and Crime Commission Act 2003 of Western Australia; or 10 (l) the Australian Commission for Law Enforcement Integrity established under the Law Enforcement Integrity Commissioner Act 2006 of the 15 Commonwealth; media organisation means a person or body that engages in journalism; member of police personnel means a person who is-- 20 (a) the Chief Commissioner; or (b) a Deputy Commissioner or Assistant Commissioner; or (c) another member of the force; or (d) an executive or employee 25 employed under Part 3 of the Public Administration Act 2004 in the office of the Chief Commissioner; or (e) a police reservist appointed under 30 Part VI; or (f) a protective services officer appointed under Part VIA; or (g) a police recruit appointed under section 8A;". 561053B.I-18/7/2007 6 BILL LA INTRODUCTION 18/7/2007

 


 

Justice and Road Legislation Amendment (Law Enforcement) Bill 2007 Part 3--Amendments to the Police Regulation Act 1958 s. 4 (2) After section 3(3) of the Police Regulation Act 1958 insert-- "(4) In this Act a reference to a person who has been found guilty of an offence is a reference 5 to a person-- (a) against whom a court has made a formal finding that he or she is guilty of the offence; or (b) against whom a finding has been made 10 under-- (i) section 17(1)(b) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 that he or she was not guilty of the 15 offence because of mental impairment; or (ii) section 17(1)(c) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 20 that he or she committed the offence-- or against whom a similar finding has been made under equivalent provisions of the laws of a jurisdiction other than 25 Victoria-- where-- (c) if there has been any appeal against the finding in the period within which the finding may be appealed against, the 30 appeal is concluded and the finding has not been overturned on the appeal; or (d) the finding has not been appealed against in the period within which the finding may be appealed against.". 561053B.I-18/7/2007 7 BILL LA INTRODUCTION 18/7/2007

 


 

Justice and Road Legislation Amendment (Law Enforcement) Bill 2007 Part 3--Amendments to the Police Regulation Act 1958 s. 5 5 Delegation by the Chief Commissioner (1) In section 6A(1) of the Police Regulation Act 1958, after "section 68A" insert "or the power to authorise the giving of a photograph under 5 section 118R or the power to authorise a media organisation under section 118W". (2) After section 6A(1) of the Police Regulation Act 1958 insert-- "(1A) The Chief Commissioner may delegate, by 10 instrument, to a member of the force, of or above the rank of inspector, the power to authorise the giving of a photograph under section 118R or the power to authorise a media organisation under section 118W.". 15 (3) In section 6A(2) of the Police Regulation Act 1958, after "A delegation" insert "under subsection (1) or (1A)". 6 Increase in penalty for section 102G For the penalty at the foot of section 102G(1) of 20 the Police Regulation Act 1958 substitute-- "Penalty: 240 penalty units or imprisonment for 2 years or both.". 7 Insertion of new Part VIC After Part VIB of the Police Regulation Act 1958 25 insert-- "PART VIC--AGENCY PHOTOGRAPHS 118R Chief Commissioner may authorise the giving of agency photographs to media organisations 30 (1) If an agency photograph of a person who has been found guilty of an offence is in the possession of the force, the Chief Commissioner may, on application by an 561053B.I-18/7/2007 8 BILL LA INTRODUCTION 18/7/2007

 


 

Justice and Road Legislation Amendment (Law Enforcement) Bill 2007 Part 3--Amendments to the Police Regulation Act 1958 s. 7 authorised media organisation under section 118S, authorise that the photograph be given to the authorised media organisation for use in the course of 5 journalism carried out by that organisation. (2) The Chief Commissioner must not make an authorisation under subsection (1) on an application made more than 6 months after the person photographed was found guilty of 10 the offence referred to in subsection (1). (3) An authorisation under subsection (1)-- (a) must be in writing; and (b) is subject to the conditions specified in the authorisation. 15 (4) Subsection (1) has effect despite anything to the contrary in the Information Privacy Act 2000, the Freedom of Information Act 1982 or any other Act (other than the Charter of Human Rights and Responsibilities). 20 (5) Despite anything to the contrary in the Freedom of Information Act 1982, that Act is not to be construed as empowering an application to be made by a media organisation under that Act for access to an 25 agency photograph, if the application is made within 6 months after the person photographed has been found guilty of an offence. Note 30 See section 124A which makes certain provisions as to documents issued for publication by the Chief Commissioner. 561053B.I-18/7/2007 9 BILL LA INTRODUCTION 18/7/2007

 


 

Justice and Road Legislation Amendment (Law Enforcement) Bill 2007 Part 3--Amendments to the Police Regulation Act 1958 s. 7 118S Application for giving of agency photograph (1) An authorised media organisation may apply to the Chief Commissioner for authorisation, 5 under section 118R, for the giving of an agency photograph that is in the possession of the force. (2) An application under subsection (1) must-- (a) be in writing in the form approved by 10 the Chief Commissioner and be accompanied by the prescribed fee; and (b) set out the reasons why the authority should be given, and in doing so, address the matters set out in 15 section 118T. 118T Considerations to be taken into account in authorising the giving of agency photographs Before authorising the giving of an agency 20 photograph under section 118R, the Chief Commissioner must have regard to the following matters, to the extent that the matters can be ascertained at the time the Chief Commissioner makes the decision to 25 give the authorisation-- (a) the public interest, including but not limited to the following-- (i) the nature and seriousness of the offence referred to in section 30 118R(1); (ii) the age of the person photographed; (iii) the sentence given to the person photographed; 561053B.I-18/7/2007 10 BILL LA INTRODUCTION 18/7/2007

 


 

Justice and Road Legislation Amendment (Law Enforcement) Bill 2007 Part 3--Amendments to the Police Regulation Act 1958 s. 7 (iv) any suppression orders involving the person photographed or involving any other person who might be affected by the giving of 5 the photograph to the media organisation; (v) any effect that might result from the giving of the photograph on any other court proceedings; 10 (vi) any deterrent effect that might result from the giving of the photograph; (vii) any other possible legal constraint on the giving of the photograph, 15 including, but not limited to any constraint under the Sex Offenders Registration Act 2004, the Victims' Charter Act 2006, the Children, Youth and 20 Families Act 2005 and the Judicial Proceedings Reports Act 1958; (viii) any information known to the Chief Commissioner, as to the 25 person photographed being suspected, on reasonable grounds, of having committed other offences that are similar to the offence referred to in section 30 118R(1); (ix) any other relevant matter; and (b) the interests of the victim and of any witness to the offence referred to in section 118R(1), including but not 35 limited to the following-- 561053B.I-18/7/2007 11 BILL LA INTRODUCTION 18/7/2007

 


 

Justice and Road Legislation Amendment (Law Enforcement) Bill 2007 Part 3--Amendments to the Police Regulation Act 1958 s. 7 (i) whether or not any victim of or witness to the offence referred to in section 118R(1) could be identified by the giving of the 5 photograph; (ii) the likely impact on any such victim or witness of the giving of the photograph; and (c) the interests of the person 10 photographed, including but not limited to the following-- (i) any special circumstances of the person photographed, including, physical or mental health issues; 15 (ii) any risk to the person photographed or his or her family that might occur as a result of the giving of the photograph. 118U Offences as to use of agency photographs 20 (1) A media organisation must not use an agency photograph that has been authorised to be given to the media organisation under section 118R except-- (a) in the course of journalism carried out 25 by that organisation; and (b) in accordance with the authorisation under section 118R under which the photograph is given to the media organisation; and 30 (c) in accordance with-- (i) any applicable privacy standard published or determined by the Australian Press Council; or 561053B.I-18/7/2007 12 BILL LA INTRODUCTION 18/7/2007

 


 

Justice and Road Legislation Amendment (Law Enforcement) Bill 2007 Part 3--Amendments to the Police Regulation Act 1958 s. 7 (ii) any applicable code published or determined by, or registered with or notified to the Australian Communications and Media 5 Authority, established under the Australian Communications and Media Authority Act 2005 of the Commonwealth. Penalty: 40 penalty units. 10 (2) If an authorised media organisation is found guilty of an offence under subsection (1), the Chief Commissioner may revoke the authorisation of that media organisation. 118V Notification of authorisation under 15 section 118R (1) On deciding to authorise the giving of an agency photograph to a media organisation under section 118R, the Chief Commissioner must, without delay, notify the person 20 photographed that the decision to authorise the giving of the photograph has been made. (2) A notice under subsection (1)-- (a) must be given by posting the notice, by ordinary mail, to the last known address 25 of the person photographed; and (b) must set out the media organisation to whom the photograph is to be given. 118W Authorisation for media (1) The Chief Commissioner may, on 30 application by a media organisation under section 118X, authorise the media organisation to be given agency photographs. 561053B.I-18/7/2007 13 BILL LA INTRODUCTION 18/7/2007

 


 

Justice and Road Legislation Amendment (Law Enforcement) Bill 2007 Part 3--Amendments to the Police Regulation Act 1958 s. 7 (2) An authorisation under subsection (1) remains in force until revoked by the Chief Commissioner or surrendered by the media organisation to whom it is given. 5 (3) An authorisation under subsection (1)-- (a) must be in writing; and (b) is subject to any conditions specified in the authorisation. (4) A media organisation that has been 10 authorised under subsection (1) must comply with the authorisation. Penalty: 20 penalty units. (5) If an authorised media organisation has been found guilty of an offence under subsection 15 (4), the Chief Commissioner may revoke the authorisation of that media organisation. 118X Application for authorisation under section 118W (1) A media organisation may apply to the Chief 20 Commissioner for authorisation under section 118W. (2) An application under subsection (1) must be in the form approved by the Chief Commissioner and accompanied by the 25 prescribed fee. 118Y Protection against actions for defamation or breach of confidence Where authorisation has been given under section 118R to give an agency photograph 30 to an authorised media organisation an action for defamation or breach of confidence does not lie-- (a) against the Chief Commissioner, a member of the force, the Crown, a 561053B.I-18/7/2007 14 BILL LA INTRODUCTION 18/7/2007

 


 

Justice and Road Legislation Amendment (Law Enforcement) Bill 2007 Part 3--Amendments to the Police Regulation Act 1958 s. 8 Minister or an officer because of the giving of the authorisation; and (b) against a media organisation who publishes the agency photograph in 5 accordance with this Act and the authorisation. 118Z Protection in respect of offences Where an authorisation has been given under section 118R to give an agency photograph 10 to an authorised media organisation, neither the person authorising the giving of the agency photograph nor any other person concerned in authorising the giving of the agency photograph, is guilty of an offence by 15 reason only of the authorising of the giving of the agency photograph. 118ZA Procedure under section 124A not affected Nothing in this Part affects or limits the operation of section 124A.". 20 8 Unauthorised disclosure of information and documents (1) For section 127A(1) of the Police Regulation Act 1958 substitute-- "(1) A person who is a member of police 25 personnel must not access, make use of or disclose any information that has come into his or her knowledge or possession, by virtue of his or her office or by virtue of performing his or her functions as a member of police 30 personnel, if it is the member's duty not to access, make use of or disclose the information. Penalty: 240 penalty units or imprisonment for 2 years or both. 561053B.I-18/7/2007 15 BILL LA INTRODUCTION 18/7/2007

 


 

Justice and Road Legislation Amendment (Law Enforcement) Bill 2007 Part 3--Amendments to the Police Regulation Act 1958 s. 8 (1AA) In any proceedings for an offence against subsection (1), it is a defence if the person charged with the offence took reasonable steps not to access, make use of or disclose 5 the information. (1AB) A person who is a member of police personnel must not access, make use of or disclose any information that has come into his or her knowledge or possession, by virtue 10 of his or her office or by virtue of performing his or her functions as a member of police personnel, if it is the member's duty not to access, make use of or disclose the information, and if the person knows, or is 15 reckless as to whether, the information may be used (whether by the person or any other person) to-- (a) endanger the life or safety of any person; or 20 (b) commit, or assist in the commission of an indictable offence; or (c) impede or interfere with the administration of justice. Penalty: 600 penalty units or imprisonment 25 for 5 years or both. (1AC) An offence against subsection (1AB) is an indictable offence.". (2) In section 127A(1A) of the Police Regulation Act 1958, for "recording, accessing, disclosing, 30 communicating or making use of" substitute "accessing, making use of or disclosing". (3) In section 127A(1B) of the Police Regulation Act 1958, for "record, access, disclose, communicate or make use of" substitute "access, make use of 35 or disclose". 561053B.I-18/7/2007 16 BILL LA INTRODUCTION 18/7/2007

 


 

Justice and Road Legislation Amendment (Law Enforcement) Bill 2007 Part 3--Amendments to the Police Regulation Act 1958 s. 8 (4) In section 127A(1C) of the Police Regulation Act 1958, for "recording or accessing and using of" substitute "accessing, making use of or disclosing of". 5 (5) For section 127A(2) of the Police Regulation Act 1958 substitute-- "(2) A person who is a former member of police personnel must not access, make use of or disclose any information that has come into 10 his or her knowledge or possession, by virtue of his or her office or by virtue of performing his or her functions as a member of police personnel, if it is the former member's duty not to access, make use of or disclose the 15 information. Penalty: 240 penalty units or imprisonment for 2 years or both. (3) In any proceedings for an offence against subsection (2), it is a defence if the person 20 charged with the offence took reasonable steps not to access, make use of or disclose the information. (4) A person who is a former member of police personnel must not access, make use of or 25 disclose any information that has come into his or her knowledge or possession, by virtue of his or her office or by virtue of performing his or her functions as a member of police personnel, if it is the former member's duty 30 not to access, make use of or disclose the information, and if the person knows, or is reckless as to whether, the information may be used (whether by the person or any other person) to-- 35 (a) endanger the life or safety of any person; or 561053B.I-18/7/2007 17 BILL LA INTRODUCTION 18/7/2007

 


 

Justice and Road Legislation Amendment (Law Enforcement) Bill 2007 Part 3--Amendments to the Police Regulation Act 1958 s. 8 (b) commit, or assist in the commission of an indictable offence; or (c) impede or interfere with the administration of justice. 5 Penalty: 600 penalty units or imprisonment for 5 years or both. (5) An offence against subsection (4) is an indictable offence.". __________________ 561053B.I-18/7/2007 18 BILL LA INTRODUCTION 18/7/2007

 


 

Justice and Road Legislation Amendment (Law Enforcement) Bill 2007 Part 4--Amendments to the Road Safety Act 1986 s. 9 PART 4--AMENDMENTS TO THE ROAD SAFETY ACT 1986 9 Insertion of new section 64A After section 64 of the Road Safety Act 1986 See: Act No. insert-- 127/1986. Reprint No. 10 5 "64A Driving a motor vehicle when directed to as at 9 November stop by police 2006 and (1) A person must not drive a motor vehicle if-- amending Act Nos (a) he or she knows that he or she has been 19/1991, given a direction to stop; or 97/2005, 48/2006, 81/2006 and 10 (b) he or she ought reasonably to know that 14/2007. he or she has been given a direction to LawToday: www. stop. legislation. vic.gov.au Penalty: For a first offence, 60 penalty units or imprisonment for 15 6 months or both; For a subsequent offence, 120 penalty units or imprisonment for 12 months or both. (2) Subsection (1) does not apply to a person 20 who is driving a motor vehicle who stops the motor vehicle as soon as practicable after being given a direction to stop. (3) On a person being found guilty of a first offence under subsection (1), the court 25 must-- (a) if the offender holds a driver licence or permit, cancel the licence or permit; and (b) whether or not the offender holds a 30 driver licence or permit, disqualify the offender from obtaining one for such time as the court thinks fit, not being less than 6 months. 561053B.I-18/7/2007 19 BILL LA INTRODUCTION 18/7/2007

 


 

Justice and Road Legislation Amendment (Law Enforcement) Bill 2007 Part 4--Amendments to the Road Safety Act 1986 s. 10 (4) On a person being found guilty of a subsequent offence under subsection (1), the court must-- (a) if the offender holds a driver licence or 5 permit, cancel the licence or permit; and (b) whether or not the offender holds a driver licence or permit, disqualify the offender from obtaining one for such 10 time as the court thinks fit, not being less than 12 months. (5) In this section direction to stop means any action taken by a member of the police force to indicate to a driver of a motor vehicle that 15 he or she must stop the motor vehicle, including but not limited to the following-- (a) the giving of hand signals or the display of signs by the member of the police force; 20 (b) the-- (i) flashing of headlights of; or (ii) use of red and blue flashing lights on; or (iii) sounding of an alarm, siren or 25 other warning device from-- a motor vehicle that is being driven by a member of the police force in the course of his or her duties as a member of the police force.". 30 10 Relevant offences After paragraph (b) of the definition of relevant offence in section 84C(1) of the Road Safety Act 1986 insert-- "(ba) an offence against section 64A(1);". 561053B.I-18/7/2007 20 BILL LA INTRODUCTION 18/7/2007

 


 

Justice and Road Legislation Amendment (Law Enforcement) Bill 2007 Part 4--Amendments to the Road Safety Act 1986 s. 11 11 Powers of Victoria Police In section 84F(1) of the Road Safety Act 1986 omit ", that day or within the preceding 10 days,". 12 Surrender of motor vehicle 5 (1) In section 84H(1) of the Road Safety Act 1986, for "was used" substitute "has been used". (2) For section 84H(2)(a) of the Road Safety Act 1986 substitute-- "(a) be served-- 10 (i) if the relevant offence is a prescribed offence detected by a prescribed detection device for the purposes of section 66 and the detection device is used in the prescribed manner, within 15 28 days of the commission of the relevant offence; or (ii) in any other case, within 10 days of the commission of the relevant offence; and". 20 (3) In section 84H(3)(a) of the Road Safety Act 1986, for "offence within the preceding 10 days; and" substitute "offence-- (i) if the relevant offence was detected by a prescribed detection device, within the 25 preceding 28 days; or (ii) in any other case, within the preceding 10 days; and". __________________ 561053B.I-18/7/2007 21 BILL LA INTRODUCTION 18/7/2007

 


 

Justice and Road Legislation Amendment (Law Enforcement) Bill 2007 Part 5--Amendments to the Sex Offenders Registration Act 2004 s. 13 PART 5--AMENDMENTS TO THE SEX OFFENDERS REGISTRATION ACT 2004 13 Who is a registrable offender? See: In section 6(3) of the Sex Offenders Registration Act No. 5 56/2004. Act 2004-- Reprint No. 2 as at (a) in paragraph (b), for "offence; or" substitute 1 December 2006 "offence."; and amending (b) paragraph (c) is repealed; Act Nos 24/2006, (c) the Note at the foot of paragraph (c) is 10 48/2006 and 28/2007. repealed. LawToday: www. legislation. vic.gov.au 14 Initial report by registrable offender of personal details (1) After section 14(1)(d) of the Sex Offenders Registration Act 2004 insert-- 15 "(da) his or her telephone number (if any); (db) his or her email address (if any); (dc) if the registrable offender has an Internet service provider, the name and business address of that Internet service provider;". 20 (2) In sections 14(2)(b) and (2)(c) of the Sex Offenders Registration Act 2004, for "14 days" substitute "3 days". 561053B.I-18/7/2007 22 BILL LA INTRODUCTION 18/7/2007

 


 

Justice and Road Legislation Amendment (Law Enforcement) Bill 2007 Part 5--Amendments to the Sex Offenders Registration Act 2004 s. 15 15 Registrable offender must report changes to relevant personal details (1) In section 17(1) of the Sex Offenders Registration Act 2004, after "personal details" 5 insert "(other than the personal details to which section 14(2)(b) or (2)(c) applies)". (2) After section 17(1) of the Sex Offenders Registration Act 2004 insert-- "(1A) A registrable offender must report to the 10 Chief Commissioner of Police any change in his or her personal details to which section 14(2)(b) or (2)(c) applies within 3 days after that change occurs.". (3) In section 17(2) of the Sex Offenders 15 Registration Act 2004-- (a) after "(1)" insert "or (1A)"; (b) omit "14 day". 16 Offence of failing to comply with reporting obligations 20 For the penalty at the foot of section 46(1) of the Sex Offenders Registration Act 2004 substitute-- "Penalty: Level 6 imprisonment (5 years maximum).". 25 17 Access to the Register to be restricted For section 63(1)(b) of the Sex Offenders Registration Act 2004 substitute-- "(b) that personal information in the Register is only disclosed in accordance with this Act.". 561053B.I-18/7/2007 23 BILL LA INTRODUCTION 18/7/2007

 


 

Justice and Road Legislation Amendment (Law Enforcement) Bill 2007 Part 5--Amendments to the Sex Offenders Registration Act 2004 s. 18 18 Substitution of section 64 For section 64 of the Sex Offenders Registration Act 2004 substitute-- "64 Person with access to Register not to 5 disclose personal information from it (1) A person authorised to have access to the Register or any part of the Register must not disclose any personal information in the Register to any person. 10 Penalty: 240 penalty units or imprisonment for 2 years. (2) Despite subsection (1), the Chief Commissioner of Police or a person authorised to have access to the Register or 15 any part of the Register may disclose personal information in the Register to a government department, public statutory authority or court-- (a) for the purpose of law enforcement or 20 judicial functions or activities; or (b) as required by or under any Act or law; or (c) if the Chief Commissioner or a person authorised to have access to the 25 Register believes on reasonable grounds that to do so is necessary to enable the proper administration of this Act.". 561053B.I-18/7/2007 24 BILL LA INTRODUCTION 18/7/2007

 


 

Justice and Road Legislation Amendment (Law Enforcement) Bill 2007 Part 5--Amendments to the Sex Offenders Registration Act 2004 s. 19 19 Definition amended In the definition of employment in section 67(1) of the Sex Offenders Registration Act 2004, after paragraph (a)(i) insert-- 5 "(ia) for gain or reward other than under a contract of employment or contract for services; or". 20 New Part 5A inserted After section 70 of the Sex Offenders 10 Registration Act 2004 insert-- "PART 5A--CHANGE OF NAME 70A Application of Part This Part applies despite anything to the contrary in the Births, Deaths and 15 Marriages Registration Act 1996. 70B Definitions In this Part-- change of name application means an application by or on behalf of a 20 registrable offender for registration of a change of the offender's name for which approval is required under section 70C; Interstate Registrar means an authority 25 responsible under a law of another State or Territory for the registration of births, deaths and marriages; Victorian Registrar means the Registrar of Births, Deaths and Marriages under the 30 Births, Deaths and Marriages Registration Act 1996. 561053B.I-18/7/2007 25 BILL LA INTRODUCTION 18/7/2007

 


 

Justice and Road Legislation Amendment (Law Enforcement) Bill 2007 Part 5--Amendments to the Sex Offenders Registration Act 2004 s. 20 70C Applications for change of name by or on behalf of a registrable offender (1) A registrable offender must not-- (a) apply to the Victorian Registrar to 5 register a change of his or her name under the Births, Deaths and Marriages Registration Act 1996; or (b) apply to an Interstate Registrar to register a change of his or her name 10 under a law of another State or Territory that is the equivalent of the Births, Deaths and Marriages Registration Act 1996-- without having first obtained the written 15 approval of the Chief Commissioner of Police. Penalty: 5 penalty units. (2) A person must not, on behalf of a registrable offender-- 20 (a) apply to the Victorian Registrar to register a change of his or her name under the Births, Deaths and Marriages Registration Act 1996; or (b) apply to an Interstate Registrar to 25 register a change of his or her name under a law of another State or Territory that is the equivalent of the Births, Deaths and Marriages Registration Act 1996-- 30 without having first obtained the written approval of the Chief Commissioner of Police. Penalty: 5 penalty units. 561053B.I-18/7/2007 26 BILL LA INTRODUCTION 18/7/2007

 


 

Justice and Road Legislation Amendment (Law Enforcement) Bill 2007 Part 5--Amendments to the Sex Offenders Registration Act 2004 s. 20 70D Approval by Chief Commissioner of Police (1) Subject to subsection (2), the Chief Commissioner of Police may only approve a 5 change of name application if the Chief Commissioner is satisfied that the change of name is in all the circumstances necessary or reasonable. (2) The Chief Commissioner of Police must not 10 approve a change of name application if the Chief Commissioner is satisfied that the change of name would, if registered, be reasonably likely-- (a) to be regarded as offensive by a victim 15 of crime or an appreciable sector of the community; or (b) to frustrate the administration of this Act in respect of the registrable offender. 20 70E Approval to be notified in writing If the Chief Commissioner of Police approves a change of name application, the Chief Commissioner must-- (a) as soon as practicable, give written 25 notice of the approval to the person who made the application; and (b) if the registrable offender consents, give a copy of the written notice of approval to the Victorian Registrar or 30 the Interstate Registrar (as the case so requires). 561053B.I-18/7/2007 27 BILL LA INTRODUCTION 18/7/2007

 


 

Justice and Road Legislation Amendment (Law Enforcement) Bill 2007 Part 5--Amendments to the Sex Offenders Registration Act 2004 s. 20 70F Registration of change of name (1) The Victorian Registrar must not register a change of name under the Births, Deaths and Marriages Registration Act 1996 if-- 5 (a) the Victorian Registrar knows that-- (i) the application for the change of name is made by or on behalf of a registrable offender; and (ii) the change of name relates to the 10 name of the registrable offender; and (b) the Victorian Registrar has not received a copy of the notice of approval of the Chief Commissioner of Police under 15 section 70E. (2) If the Victorian Registrar does not register a change of name because of the operation of subsection (1), the Victorian Registrar must give written notice of the application to the 20 Chief Commissioner of Police. 70G Registrar may correct Register Without limiting section 43 of the Births, Deaths and Marriages Registration Act 1996, the Victorian Registrar may correct the 25 Register under that section if-- (a) the name of a registrable offender on the Register has been changed; and (b) the Chief Commissioner of Police has not approved that change under this 30 Part. 561053B.I-18/7/2007 28 BILL LA INTRODUCTION 18/7/2007

 


 

Justice and Road Legislation Amendment (Law Enforcement) Bill 2007 Part 5--Amendments to the Sex Offenders Registration Act 2004 s. 20 70H Lapse of application where offender ceases to be a registrable offender A change of name application under this Part by or on behalf of an offender lapses if-- 5 (a) the registrable offender ceases to be a registrable offender; and (b) the Victorian Registrar has not registered the change of name before the registrable offender ceases to be a 10 registrable offender. 70I Information-sharing between the Secretary and the Victorian Registrar (1) Despite any law to the contrary-- (a) the Secretary or the Chief 15 Commissioner of Police may notify the Victorian Registrar of the name (including any other name by which a registrable offender is or has previously been known), date of birth and 20 residential address or addresses of the registrable offender; and (b) if the Secretary or the Chief Commissioner of Police has given notification under paragraph (a) in 25 respect of a registrable offender, the Secretary or the Chief Commissioner must notify the Victorian Registrar as soon as practicable after the registrable offender ceases to be a registrable 30 offender. (2) Nothing in this section affects the operation of the Charter of Human Rights and Responsibilities. 561053B.I-18/7/2007 29 BILL LA INTRODUCTION 18/7/2007

 


 

Justice and Road Legislation Amendment (Law Enforcement) Bill 2007 Part 5--Amendments to the Sex Offenders Registration Act 2004 s. 21 70J Registrable offender who is also subject to an extended supervision order Despite this Part, an application by or on behalf of a registrable offender who is also 5 an offender within the meaning of Part 4A of the Serious Sex Offenders Monitoring Act 2005 for registration of a change of the offender's name must be made under and in accordance with that Part of that Act. 10 70K Registrable offender who is also a prisoner on parole Despite this Part, an application by or on behalf of a registrable offender who is also a prisoner on parole within the meaning of 15 Division 6 of Part 8 of the Corrections Act 1986 for registration of a change of the offender's name must be made under and in accordance with that Division of that Part of that Act.". 20 21 New section 71A inserted After section 71 of the Sex Offenders Registration Act 2004 insert-- "71A Disclosure of personal information-- supervising authorities 25 Despite anything to the contrary in this Act, the Information Privacy Act 2000 or any other Act (other than the Charter of Human Rights and Responsibilities), a supervising authority (the first mentioned supervising 30 authority) may disclose to another supervising authority (the second mentioned supervising authority) any personal information it holds and that was provided to it in accordance with the provisions of this 35 Act in respect of a registrable offender if the first mentioned supervising authority 561053B.I-18/7/2007 30 BILL LA INTRODUCTION 18/7/2007

 


 

Justice and Road Legislation Amendment (Law Enforcement) Bill 2007 Part 5--Amendments to the Sex Offenders Registration Act 2004 s. 21 believes on reasonable grounds that to do so is necessary for the proper administration of this Act.". __________________ 561053B.I-18/7/2007 31 BILL LA INTRODUCTION 18/7/2007

 


 

Justice and Road Legislation Amendment (Law Enforcement) Bill 2007 Part 6--Repeal of Amending Act s. 22 PART 6--REPEAL OF AMENDING ACT 22 Repeal of Act This Act is repealed on 1 June 2009. 561053B.I-18/7/2007 32 BILL LA INTRODUCTION 18/7/2007

 


 

Justice and Road Legislation Amendment (Law Enforcement) Bill 2007 Endnotes ENDNOTES By Authority. Government Printer for the State of Victoria. 561053B.I-18/7/2007 33 BILL LA INTRODUCTION 18/7/2007