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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Justice Legislation (Miscellaneous Amendments)
Act 2005
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purpose 1
2. Commencement 2
PART 2--AMENDMENT OF APPEAL COSTS ACT 1998 3
3. Application for indemnity certificate if criminal proceeding
adjourned 3
PART 3--AMENDMENT OF CONSTITUTION ACT 1975 4
4. Commissions of Judges 4
5. Salaries, allowances and pensions of Judges of the Supreme
Court 4
6. As to pensions of Judges of the Supreme Court and their
spouses and children 5
7. Judges not to hold any other place of profit 5
PART 4--AMENDMENT OF COUNTY COURT ACT 1958 6
8. Salaries and allowances of the Chief Judge and other judges 6
9. Provision for pensions to County Court judges and their
widows 6
10. Power to make rules of practice 7
11. Council of Judges 7
PART 5--AMENDMENT TO COURTS LEGISLATION
(JUDICIAL CONDUCT) ACT 2005 8
12. Commissions of Judges 8
i
551386B.I1-15/11/2005 BILL LA INTRODUCTION 15/11/2005
Clause Page
PART 6--AMENDMENT OF CRIMES ACT 1958 9
13. Forensic procedure following the commission of forensic
sample offence 9
14. Retention of information following finding of guilt 10
15. New section 604 inserted 11
604. Transitional provision--Justice Legislation
(Miscellaneous Amendments) Act 2005 11
PART 7--AMENDMENT OF EVIDENCE ACT 1958 12
16. List of persons who may witness statutory declarations 12
17. Affidavits in Victoria how sworn and taken 12
PART 8--AMENDMENT OF PUBLIC NOTARIES ACT 2001 13
18. Application for certificate of eligibility 13
PART 9--AMENDMENT OF SERIOUS SEX OFFENDERS
MONITORING ACT 2005 14
19. Amendment to Schedule 14
PART 10--AMENDMENT OF SEX OFFENDERS
REGISTRATION ACT 2004 15
20. Amendment to Schedule 1--Class 1 Offences 15
PART 11--AMENDMENT OF VICTORIAN CIVIL AND
ADMINISTRATIVE TRIBUNAL ACT 1998 16
21. Definition 16
22. Short-term Vice Presidents 16
23. Vacation of office 17
24. Member or former member may not represent a party 17
25. Reconstitution of Tribunal 17
26. New section 162 inserted 18
162. Transitional provision--Justice Legislation
(Miscellaneous Amendments) Act 2005 18
27. Questions of law 18
PART 12--AMENDMENT OF WORKING WITH CHILDREN
ACT 2005 19
28. Teachers 19
ENDNOTES 20
ii
551386B.I1-15/11/2005 BILL LA INTRODUCTION 15/11/2005
PARLIAMENT OF VICTORIA
A BILL
to amend the Appeal Costs Act 1998, the Constitution Act 1975, the
County Court Act 1958, the Courts Legislation (Judicial Conduct)
Act 2005, the Crimes Act 1958, the Evidence Act 1958, the Public
Notaries Act 2001, the Serious Sex Offenders Monitoring
Act 2005, the Sex Offenders Registration Act 2004, the Victorian
Civil and Administrative Tribunal Act 1998 and the Working with
Children Act 2005 and for other purposes.
Justice Legislation (Miscellaneous
Amendments) Act 2005
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purpose
The purpose of this Act is to make miscellaneous
amendments to--
1
551386B.I1-15/11/2005 BILL LA INTRODUCTION 15/11/2005
Justice Legislation (Miscellaneous Amendments) Act 2005
Act No.
Part 1--Preliminary
s. 2
(a) the Appeal Costs Act 1998; and
(b) the Constitution Act 1975; and
(c) the County Court Act 1958; and
(d) the Courts Legislation (Judicial Conduct)
Act 2005; and
5
(e) the Crimes Act 1958; and
(f) the Evidence Act 1958; and
(g) the Public Notaries Act 2001; and
(h) the Serious Sex Offenders Monitoring
Act 2005; and
10
(i) the Sex Offenders Registration Act 2004;
and
(j) the Victorian Civil and Administrative
Tribunal Act 1998; and
(k) the Working with Children Act 2005.
15
2. Commencement
(1) This Act, other than sections 6 and 20, comes into
operation on the day after the day on which it
receives the Royal Assent.
(2) Section 6 is deemed to have come into operation
20
on 1 May 2005.
(3) Section 20 is deemed to have come into operation
on 1 August 2005.
__________________
2
551386B.I1-15/11/2005 BILL LA INTRODUCTION 15/11/2005
Justice Legislation (Miscellaneous Amendments) Act 2005
Act No.
Part 2--Amendment of Appeal Costs Act 1998
s. 3
See:
PART 2--AMENDMENT OF APPEAL COSTS ACT 1998 Act No.
87/1998
3. Application for indemnity certificate if criminal and
amending
proceeding adjourned Act Nos
35/2002,
In section 17(3) of the Appeal Costs Act 1998, 34/2004,
108/2004 and
after "approved form" insert "and on proof being
5 18/2005.
provided by that party of the costs that have been LawToday:
www.dms.
incurred". dpc.vic.
gov.au
__________________
3
551386B.I1-15/11/2005 BILL LA INTRODUCTION 15/11/2005
Justice Legislation (Miscellaneous Amendments) Act 2005
Act No.
Part 3--Amendment of Constitution Act 1975
s. 4
See:
PART 3--AMENDMENT OF CONSTITUTION ACT 1975
Act No.
8750.
4. Commissions of Judges
Reprint No. 17
as at
1 May 2005
(1) In section 77(4)(a) of the Constitution Act 1975,
and
for "has not made an election under section 80A"
amending
Act Nos
substitute "did not make an election under
5 2/2003,
section 80A before the commencement of
16/2005,
20/2005,
section 3 of the Courts Legislation (Judicial
25/2005,
Appointments and Other Amendments) Act
30/2005 and
38/2005
2005".
LawToday:
www.dms.
(2) In section 77(4)(b) of the Constitution Act 1975,
10 dpc.vic.
for "that section who has made an election under
gov.au
section 80A" substitute "section 4 of the Courts
Amendment Act 1986 who made an election
under section 80A before the commencement of
section 3 of the Courts Legislation (Judicial
15
Appointments and Other Amendments) Act
2005".
(3) In section 77(4)(c) of the Constitution Act 1975,
for "that section" substitute "section 4 of the
Courts Amendment Act 1986".
20
5. Salaries, allowances and pensions of Judges of the
Supreme Court
In section 82(9) of the Constitution Act 1975, for
"has made an election under section 80A"
substitute "made an election under section 80A
25
before the commencement of section 3 of the
Courts Legislation (Judicial Appointments and
Other Amendments) Act 2005".
4
551386B.I1-15/11/2005 BILL LA INTRODUCTION 15/11/2005
Justice Legislation (Miscellaneous Amendments) Act 2005
Act No.
Part 3--Amendment of Constitution Act 1975
s. 6
6. As to pensions of Judges of the Supreme Court and
their spouses and children
After section 83(1B) of the Constitution Act
1975 insert--
"(1C) A Judge of the Court who--
5
(a) was appointed as a Judge of the Court
before the commencement of section 16
of the Judicial Remuneration
Tribunal Act 1995; and
(b) has served for not less than 10 years in
10
the office of Judge of the Court; and
(c) has attained the age of 60 years--
may retire from his or her office before
attaining the age of 65 years and then on
attaining the age of 65 years shall be entitled
15
to a pension payable fortnightly at the rate
per annum of 60 per centum of the annual
salary for the time being applicable to the
office that he or she held immediately before
his or her retirement.".
20
7. Judges not to hold any other place of profit
In section 84(5) of the Constitution Act 1975, for
"has made an election under section 80A"
substitute "made an election under section 80A
before the commencement of section 3 of the
25
Courts Legislation (Judicial Appointments and
Other Amendments) Act 2005".
__________________
5
551386B.I1-15/11/2005 BILL LA INTRODUCTION 15/11/2005
Justice Legislation (Miscellaneous Amendments) Act 2005
Act No.
Part 4--Amendment of County Court Act 1958
s. 8
See:
PART 4--AMENDMENT OF COUNTY COURT ACT 1958
Act No.
6230.
8. Salaries and allowances of the Chief Judge and
Reprint No. 11
as at
other judges
1 July 2004
and
In section 10(9) of the County Court Act 1958,
amending
Act Nos
for "has made an election under section 13A"
5 107/1986,
substitute "made an election under section 13A
108/2004,
3/2005,
before the commencement of section 7 of the
16/2005,
Courts Legislation (Judicial Appointments and
18/2005 and
30/2005.
Other Amendments) Act 2005".
LawToday:
www.dms.
9. Provision for pensions to County Court judges and
10 dpc.vic.
their widows
gov.au
In section 14(1) of the County Court Act 1958--
(a) in paragraph (a), for "has not made an
election under section 13A" substitute "did
not make an election under section 13A
15
before the commencement of section 7 of the
Courts Legislation (Judicial
Appointments and Other Amendments)
Act 2005";
(b) in paragraph (b), for "that section who has
20
made an election under section 13A"
substitute "section 8 of the Courts
Amendment Act 1986 who made an
election under section 13A before the
commencement of section 7 of the Courts
25
Legislation (Judicial Appointments and
Other Amendments) Act 2005".
(c) in paragraph (c), for "that section" substitute
"section 8 of the Courts Amendment Act
1986".
30
6
551386B.I1-15/11/2005 BILL LA INTRODUCTION 15/11/2005
Justice Legislation (Miscellaneous Amendments) Act 2005
Act No.
Part 4--Amendment of County Court Act 1958
s. 10
10. Power to make rules of practice
In section 78(1) and (2) of the County Court
Act 1958, for "have made an election under
section 13A(1) or has been appointed under
section 13A(3A)" substitute "made an election
5
under section 13A(1), or were appointed under
section 13A(3A), before the commencement of
section 7 of the Courts Legislation (Judicial
Appointments and Other Amendments) Act
2005".
10
11. Council of Judges
In section 87(3) of the County Court Act 1958,
for "has made an election under section 13A(1) or
has been appointed under section 13A(3A)"
substitute "made an election under section
15
13A(1), or were appointed under section
13A(3A), before the commencement of section 7
of the Courts Legislation (Judicial
Appointments and Other Amendments) Act
2005".
20
__________________
7
551386B.I1-15/11/2005 BILL LA INTRODUCTION 15/11/2005
Justice Legislation (Miscellaneous Amendments) Act 2005
Act No.
Part 5--Amendment to Courts Legislation (Judicial Conduct) Act 2005
s. 12
See: PART 5--AMENDMENT TO COURTS LEGISLATION
Act No.
(JUDICIAL CONDUCT) ACT 2005
16/2005.
LawToday:
www.dms.
12. Commissions of Judges
dpc.vic.
gov.au
In section 5(2) of the Courts Legislation
(Judicial Conduct) Act 2005, in the proposed
5
new section 77(4)(aa) of the Constitution Act
1975, after "by" insert "or".
__________________
8
551386B.I1-15/11/2005 BILL LA INTRODUCTION 15/11/2005
Justice Legislation (Miscellaneous Amendments) Act 2005
Act No.
Part 6--Amendment of Crimes Act 1958
s. 13
See:
PART 6--AMENDMENT OF CRIMES ACT 1958
Act No.
6231.
13. Forensic procedure following the commission of Reprint No. 18
as at
forensic sample offence 1 July 2005
and
(1) In section 464ZF of the Crimes Act 1958-- amending
Act Nos
(a) in sub-section (2), for "expiration of any
5 16/2004,
appeal period or the final determination of an 18/2005,
56/2005 and
appeal" substitute "final determination of an 66/2005.
appeal against conviction or sentence or the LawToday:
www.dms.
expiration of any appeal period"; dpc.vic.
gov.au
(b) in sub-section (2AA), for "expiration of any
10
appeal period or the final determination of an
appeal" substitute "final determination of an
appeal against conviction or sentence or the
expiration of any appeal period";
(c) in sub-section (6)--
15
(i) after "relation to the" insert "conviction
for the";
(ii) after "an appeal" (where twice
occurring) insert "against conviction".
(2) After section 464ZF(6) of the Crimes Act 1958
20
insert--
"(6A) If leave to appeal against a conviction for a
forensic sample offence is sought after the
expiry of the appeal period in relation to the
conviction, an order made by a court under
25
sub-section (2) before leave to appeal is
sought, if not executed before that leave is
sought, must not be executed unless--
(a) leave to appeal against the conviction is
refused; or
30
(b) leave to appeal against the conviction is
granted and the appeal is finally
9
551386B.I1-15/11/2005 BILL LA INTRODUCTION 15/11/2005
Justice Legislation (Miscellaneous Amendments) Act 2005
Act No.
Part 6--Amendment of Crimes Act 1958
s. 14
determined and the conviction for the
forensic sample offence is upheld.
(6B) If an order made by a court under sub-
section (2) has been executed after the
expiration of the appeal period in relation to
5
the conviction for the forensic sample
offence and leave to appeal against the
conviction is granted after the expiry of that
period--
(a) any sample and any related material
10
and information taken may be retained
by a member of the police force
pending the final determination of the
appeal against conviction; and
(b) if, on appeal, the conviction for the
15
forensic sample offence is quashed, the
Chief Commissioner of Police must
without delay destroy, or cause to be
destroyed, any sample taken and any
related material and information.".
20
14. Retention of information following finding of guilt
In section 464ZFB of the Crimes Act 1958--
(a) in sub-section (1), for "expiry of the appeal
period in respect of the offence or the final
determination of an appeal" substitute "final
25
determination of an appeal against
conviction or sentence or the expiry of any
appeal period in respect of the offence";
(b) in sub-section (2A)--
(i) after "respect of the" insert "conviction
30
for the";
(ii) after "appeal" (where secondly and
thirdly occurring) insert "against
conviction".
10
551386B.I1-15/11/2005 BILL LA INTRODUCTION 15/11/2005
Justice Legislation (Miscellaneous Amendments) Act 2005
Act No.
Part 6--Amendment of Crimes Act 1958
s. 15
15. New section 604 inserted
After section 603 of the Crimes Act 1958
insert--
"604. Transitional provision--Justice
Legislation (Miscellaneous Amendments)
5
Act 2005
The amendments made to this Act by
sections 13 and 14 of the Justice Legislation
(Miscellaneous Amendments) Act 2005
only apply to appeals for which the notice of
10
appeal or notice of application for leave to
appeal is given after the commencement of
those sections.".
__________________
11
551386B.I1-15/11/2005 BILL LA INTRODUCTION 15/11/2005
Justice Legislation (Miscellaneous Amendments) Act 2005
Act No.
Part 7--Amendment of Evidence Act 1958
s. 16
See: PART 7--AMENDMENT OF EVIDENCE ACT 1958
Act No.
6246.
16. List of persons who may witness statutory
Reprint No. 14
as at
declarations
6 June 2002
and
In section 107A(1)(i) of the Evidence Act 1958
amending
for "Part XV of the Patents Act 1952" substitute
5 Act Nos
20/2004,
"Chapter 20 of the Patents Act 1990".
60/2004,
72/2004,
17. Affidavits in Victoria how sworn and taken
108/2004,
15/2005,
In section 123C(1)(gd) of the Evidence Act 1958
18/2005 and
75/2005.
for "Part XV of the Patents Act 1952" substitute
LawToday:
"Chapter 20 of the Patents Act 1990".
10 www.dms.
dpc.vic.
gov.au
__________________
12
551386B.I1-15/11/2005 BILL LA INTRODUCTION 15/11/2005
Justice Legislation (Miscellaneous Amendments) Act 2005
Act No.
Part 8--Amendment of Public Notaries Act 2001
s. 18
See:
PART 8--AMENDMENT OF PUBLIC NOTARIES ACT 2001
Act No.
52/2001
18. Application for certificate of eligibility and
amending
In section 5(3) of the Public Notaries Act 2001, Act Nos
10/2004 and
for "2·9 fee units" substitute "29 fee units". 18/2005
LawToday:
www.dms.
dpc.vic.
gov.au
__________________
13
551386B.I1-15/11/2005 BILL LA INTRODUCTION 15/11/2005
Justice Legislation (Miscellaneous Amendments) Act 2005
Act No.
Part 9--Amendment of Serious Sex Offenders Monitoring Act 2005
s. 19
See: PART 9--AMENDMENT OF SERIOUS SEX OFFENDERS
Act No.
MONITORING ACT 2005
1/2005
and
amending
19. Amendment to Schedule
Act Nos
34/2005 and
After item 37 of the Schedule to the Serious Sex
69/2005.
Offenders Monitoring Act 2005 insert--
5 LawToday:
www.dms.
"37A. An offence against section 271.4 (trafficking in
dpc.vic.
gov.au children) or section 271.7 (domestic trafficking in
children) of the Criminal Code of the Commonwealth
in circumstances where the purpose of the
10 exploitation is to provide sexual services within the
meaning of that section.".
__________________
14
551386B.I1-15/11/2005 BILL LA INTRODUCTION 15/11/2005
Justice Legislation (Miscellaneous Amendments) Act 2005
Act No.
Part 10--Amendment of Sex Offenders Registration Act 2004
s. 20
See:
PART 10--AMENDMENT OF SEX OFFENDERS
Act No.
REGISTRATION ACT 2004 56/2004.
Reprint No. 1
as at
20. Amendment to Schedule 1--Class 1 Offences 1 October
2005
In Schedule 1 to the Sex Offenders Registration and
Act 2004, for "6A. An offence" substitute "6AA.
5 amending
Act Nos
An offence". 18/2005,
34/2005,
57/2005 and
69/2005.
LawToday:
www.dms.
dpc.vic.
gov.au
__________________
15
551386B.I1-15/11/2005 BILL LA INTRODUCTION 15/11/2005
Justice Legislation (Miscellaneous Amendments) Act 2005
Act No.
Part 11--Amendment of Victorian Civil and Administrative Tribunal Act
s. 21
1998
See: PART 11--AMENDMENT OF VICTORIAN CIVIL AND
Act No.
ADMINISTRATIVE TRIBUNAL ACT 1998
53/1998.
Reprint No. 3
as at
21. Definition
1 July 2003
and
In section 3 of the Victorian Civil and
amending
Administrative Tribunal Act 1998 insert the
5 Act Nos
18/2003,
following definition--
30/2003,
75/2003,
' "acting judge", in relation to the Supreme Court
10/2004,
or County Court, means a Judge appointed as
12/2004 (as
amended by
an acting judge, in the case of the Supreme
39/2004),
Court, under section 80D of the
53/2004,
10
99/2004,
Constitution Act 1975, or, in the case of the
108/2004,
County Court, under section 11 of the
16/2005,
18/2005,
County Court Act 1958;'.
49/2005,
52/2005,
22. Short-term Vice Presidents
61/2005 and
71/2005.
(1) In section 11A(1) of the Victorian Civil and
15 LawToday:
www.dms.
Administrative Tribunal Act 1998, after "Court"
dpc.vic.
insert "or acting judges of the Supreme Court or
gov.au
County Court".
(2) In section 11A(2), (3) and (4) of the Victorian
Civil and Administrative Tribunal Act 1998,
20
after "judge" (wherever occurring) insert "or an
acting judge".
(3) In section 11A(2) of the Victorian Civil and
Administrative Tribunal Act 1998, for
"3 months" substitute "6 months".
25
(4) After section 11A(2) of the Victorian Civil and
Administrative Tribunal Act 1998 insert--
"(2A) In appointing a reserve judge or an acting
judge as a Vice-President, the Minister may
from time to time require that judge to
30
undertake the duties of a Vice President on a
full-time or part-time basis, including a
sessional basis.".
16
551386B.I1-15/11/2005 BILL LA INTRODUCTION 15/11/2005
Justice Legislation (Miscellaneous Amendments) Act 2005
Act No.
Part 11--Amendment of Victorian Civil and Administrative Tribunal Act
s. 23
1998
(5) In section 11A(3) of the Victorian Civil and
Administrative Tribunal Act 1998, after "Chief
Judge" insert "or the Chief Justice, as the case
requires".
(6) In section 11A(5) of the Victorian Civil and
5
Administrative Tribunal Act 1998, for "judge"
substitute "or acting judge".
23. Vacation of office
(1) In section 21(1) of the Victorian Civil and
Administrative Tribunal Act 1998, after
10
"reserve judge" insert "or acting judge".
(2) After section 21(2) of the Victorian Civil and
Administrative Tribunal Act 1998 insert--
"(3) Without limiting sub-section (2), the office
of an ordinary member or a senior member,
15
if that member is a magistrate, becomes
vacant if the member ceases to hold the
office of magistrate.".
24. Member or former member may not represent a
party
20
In section 25A(b) of the Victorian Civil and
Administrative Tribunal Act 1998, after
"assigned" insert ", except with the approval of
the President".
25. Reconstitution of Tribunal
25
(1) In section 108(4) of the Victorian Civil and
Administrative Tribunal Act 1998, for "require
the matter to be referred to the President"
substitute "make a request to the President that
the Tribunal be reconstituted".
30
17
551386B.I1-15/11/2005 BILL LA INTRODUCTION 15/11/2005
Justice Legislation (Miscellaneous Amendments) Act 2005
Act No.
Part 11--Amendment of Victorian Civil and Administrative Tribunal Act
s. 26
28
1998
(2) For section 108(5) of the Victorian Civil and
Administrative Tribunal Act 1998 substitute--
"(5) If a request is made to the President under
sub-section (4), the President may allow or
reject the request for reconstitution, with or
5
without allowing the parties to make written
or oral submissions.".
26. New section 162 inserted
After section 161 of the Victorian Civil and
Administrative Tribunal Act 1998 insert--
10
"162. Transitional provision--Justice
Legislation (Miscellaneous Amendments)
Act 2005
The amendments made to Schedule 1 by
section 27 of the Justice Legislation
15
(Miscellaneous Amendments) Act 2005
only apply to proceedings commenced after
the commencement of that section.".
27. Questions of law
(1) In clause 66(1)(a) of Schedule 1 to the Victorian
20
Civil and Administrative Tribunal Act 1998,
for "if the parties agree" substitute "unless the
parties that are present at the hearing of the
proceeding disagree".
(2) After clause 66(2) of Schedule 1 to the Victorian
25
Civil and Administrative Tribunal Act 1998
insert--
"(3) For the purpose of this clause, the determination of a
question of law in a proceeding under a planning
30 enactment is deemed to be an order for the purposes
of section 120.".
__________________
18
551386B.I1-15/11/2005 BILL LA INTRODUCTION 15/11/2005
Justice Legislation (Miscellaneous Amendments) Act 2005
Act No.
Part 12--Amendment of Working with Children Act 2005
s. 28
See:
PART 12--AMENDMENT OF WORKING WITH CHILDREN
Act No.
ACT 2005 57/2005.
LawToday:
www.dms.
28. Teachers dpc.vic.
gov.au
In section 30(1) of the Working with Children
Act 2005--
5
(a) for "registered under section 11 of"
substitute "a registered teacher under";
(b) omit "as a teacher".
19
551386B.I1-15/11/2005 BILL LA INTRODUCTION 15/11/2005
Justice Legislation (Miscellaneous Amendments) Act 2005
Act No.
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
20
551386B.I1-15/11/2005 BILL LA INTRODUCTION 15/11/2005
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