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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
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