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PARLIAMENT OF VICTORIA
Justice Legislation Amendment Bill 2007
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purpose 1
2 Commencement 3
PART 2--AMENDMENTS TO THE CONTROL OF WEAPONS
ACT 1990 4
3 Definitions 4
4 Prohibited weapons 5
5 New Penalties for section 5A (purchasing prohibited weapons) 6
6 Control of controlled weapons 6
7 Control of use of dangerous articles 7
8 New penalty for section 8A(1) (control of body armour) 8
9 Approvals for prohibited weapons and body armour 8
10 Offences regarding exemptions and approvals 9
11 New sections 8EA and 8EB inserted 9
8EA Offences by body corporate 9
8EB Offences by partners 10
12 Search without warrant 10
13 New section 11A inserted 10
11A Indictable offence 10
14 New section 15 inserted 11
15 Transitional provision--Justice Legislation
Amendment Act 2007 11
PART 3--AMENDMENTS TO THE CORRECTIONS ACT 1986 12
15 Victim may be given certain information about a prisoner 12
16 New Division heading and new section 47AA inserted 12
Division 4A--Letters to and from prisoners 12
47AA Definitions 12
17 When letters may be stopped and censored 14
18 New section 47DA inserted 14
47DA Offence for prisoner to send distressing or traumatic
letters 14
561072B.I-21/8/2007 i BILL LA INTRODUCTION 21/8/2007
Clause Page
19 Regulations 14
20 New sections 112A and 112B inserted 15
112A Additional regulation-making powers--firearms 15
112B Validation of regulations 16
21 New section 116 inserted 17
116 Transitional provision--victims register 17
PART 4--AMENDMENTS TO OTHER ACTS 18
22 Amendment of the Legal Aid Act 1978 18
23 Amendment of the Magistrates' Court Act 1989 18
42H Offence to possess, carry or use a prohibited weapon
in or in the vicinity of licensed premises 18
PART 5--REPEAL OF ACT 19
24 Repeal of Act 19
ENDNOTES 20
561072B.I-21/8/2007 ii BILL LA INTRODUCTION 21/8/2007
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Justice Legislation Amendment Bill
2007
A Bill for an Act to amend the Control of Weapons Act 1990, the
Corrections Act 1986, the Legal Aid Act 1978 and the Magistrates'
Court Act 1989 and for other purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purpose
The main purpose of this Act is--
(a) to amend the Control of Weapons Act
5 1990--
(i) to prohibit the carrying of dangerous
articles for the purposes of self-
defence; and
561072B.I-21/8/2007 1 BILL LA INTRODUCTION 21/8/2007
Justice Legislation Amendment Bill 2007
Part 1--Preliminary
s. 1
(ii) to provide for new offences for
possession of weapons in, and in the
immediate vicinity of, licensed
premises; and
5 (iii) to increase certain penalties for existing
offences under that Act; and
(b) to amend the Corrections Act 1986--
(i) to provide that certain serious road
safety offences are criminal acts of
10 violence for the purposes of the victims
register; and
(ii) to enable the Governor of a prison to
stop or censor letters sent to a prisoner
or from a prisoner that may be
15 distressing or traumatic to a victim; and
(iii) to make it an offence for a prisoner to
send or attempt to send a letter to a
victim that may be distressing or
traumatic to the victim or any other
20 victim who might reasonably receive it;
and
(iv) to make further provision for the power
to make regulations with respect to the
issuing and use of firearms by escort
25 officers; and
(c) to amend the Legal Aid Act 1978 to extend
the maximum period of membership of
practitioner panels; and
(d) to amend the Magistrates' Court Act 1989
30 to enable a new offence under the Control of
Weapons Act 1990 to be triable summarily.
561072B.I-21/8/2007 2 BILL LA INTRODUCTION 21/8/2007
Justice Legislation Amendment Bill 2007
Part 1--Preliminary
s. 2
2 Commencement
(1) This Part, sections 3(2), 4(3), 7(3), 7(4), 7(5),
8(2), 9, 10(2), 10(4), 11, 18 and 22 and Part 5
come into operation on the day after the day on
5 which this Act receives the Royal Assent.
(2) Sections 16 and 17 are deemed to have come into
operation on 1 July 2005.
(3) Subject to subsections (4), (5) and (6), the
remaining provisions of this Act come into
10 operation on a day or days to be proclaimed.
(4) If sections 15 and 21 do not come into operation
before 1 December 2007, they come into
operation on that day.
(5) If sections 19 and 20 do not come into operation
15 before 1 May 2008, they come into operation on
that day.
(6) If a provision referred to in subsection (3), that is
not referred to in subsection (4) or (5), does not
come into operation before 1 July 2008, it comes
20 into operation on that day.
__________________
561072B.I-21/8/2007 3 BILL LA INTRODUCTION 21/8/2007
Justice Legislation Amendment Bill 2007
Part 2--Amendments to the Control of Weapons Act 1990
s. 3
PART 2--AMENDMENTS TO THE CONTROL OF WEAPONS
ACT 1990
3 Definitions
See: (1) In section 3 of the Control of Weapons Act
Act No.
5 24/1990. 1990, insert the following definition--
Reprint No. 3
as at "licensed premises means any licensed premises
17 December
2000
within the meaning of the Liquor Control
and Reform Act 1998 in respect of which--
amending
Act Nos (a) a general licence; or
7/2002,
10 9/2003,
78/2005,
(b) an on-premises licence; or
24/2006 and
1/2007.
(c) a club licence--
LawToday:
www. within the meaning of that Act has been
legislation. issued under that Act;".
vic.gov.au
(2) In section 3 of the Control of Weapons Act
15 1990, insert the following definition--
"officer, in relation to a body corporate, means a
director, secretary or executive officer of the
body corporate;".
(3) In section 3 of the Control of Weapons Act
20 1990, in the definition of public place, after
"Summary Offences Act 1966" insert "and also
includes a non-government school".
(4) At the end of section 3 of the Control of
Weapons Act 1990 insert--
25 "(2) A reference in this Act to the immediate
vicinity of licensed premises means a place
that is within 20 metres of the licensed
premises.".
561072B.I-21/8/2007 4 BILL LA INTRODUCTION 21/8/2007
Justice Legislation Amendment Bill 2007
Part 2--Amendments to the Control of Weapons Act 1990
s. 4
4 Prohibited weapons
(1) After section 5(1) of the Control of Weapons Act
1990 insert--
"(1A) A person who is in licensed premises or in a
5 public place that is in the immediate vicinity
of licensed premises must not possess, carry
or use a prohibited weapon without--
(a) an exemption under section 8B; or
(b) an approval under section 8C.
10 Penalty: 480 penalty units or 4 years
imprisonment.
(1B) If a person is convicted or found guilty of an
offence against subsection (1A) in respect of
an act or omission, that person is not liable to
15 be convicted or found guilty of an offence
against subsection (1)(e) in respect of the
same act or omission.".
(2) For the penalty at the foot of section 5(2) of the
Control of Weapons Act 1990 substitute--
20 "Penalty: 240 penalty units or imprisonment for
2 years.".
(3) After section 5(2) of the Control of Weapons Act
1990 insert--
"(3) Subsections (1), (1A) and (2) do not apply to
25 an employee of a person who holds an
approval under section 8C if the employee is
acting in the course of his or her employment
and in accordance with the approval.".
561072B.I-21/8/2007 5 BILL LA INTRODUCTION 21/8/2007
Justice Legislation Amendment Bill 2007
Part 2--Amendments to the Control of Weapons Act 1990
s. 5
5 New Penalties for section 5A (purchasing prohibited
weapons)
(1) For the penalty at the foot of section 5A(1) of the
Control of Weapons Act 1990 substitute--
5 "Penalty: 60 penalty units.".
(2) For the penalty at the foot of section 5A(2) of the
Control of Weapons Act 1990 substitute--
"Penalty: 60 penalty units.".
(3) For the penalty at the foot of section 5A(3) of the
10 Control of Weapons Act 1990 substitute--
"Penalty: 120 penalty units.".
6 Control of controlled weapons
(1) After section 6(1) of the Control of Weapons Act
1990 insert--
15 "(1A) A person who is in licensed premises or in a
public place that is in the immediate vicinity
of licensed premises must not possess, carry
or use a controlled weapon without lawful
excuse.
20 Penalty: 240 penalty units or imprisonment
for 2 years.
(1B) If a person is convicted or found guilty of an
offence against subsection (1A) in respect of
an act or omission that person is not liable to
25 be convicted or found guilty of an offence
against subsection (1) in respect of the same
act or omission.".
(2) For the penalty at the foot of section 6(2) of the
Control of Weapons Act 1990 substitute--
30 "Penalty: 20 penalty units.".
561072B.I-21/8/2007 6 BILL LA INTRODUCTION 21/8/2007
Justice Legislation Amendment Bill 2007
Part 2--Amendments to the Control of Weapons Act 1990
s. 7
7 Control of use of dangerous articles
(1) In section 7(1) of the Control of Weapons Act
1990 omit "or a non-government school".
(2) After section 7(1) of the Control of Weapons Act
5 1990 insert--
"(1A) A person who is in licensed premises or in a
public place that is in the immediate vicinity
of licensed premises must not possess or
carry a dangerous article without lawful
10 excuse.
Penalty: 120 penalty units or imprisonment
for 1 year.
(1B) If a person is convicted or found guilty of an
offence against subsection (1A) in respect of
15 an act or omission that person is not liable to
be convicted or found guilty of an offence
against subsection (1) in respect of the same
act or omission.".
(3) For section 7(2)(d) of the Control of Weapons
20 Act 1990 substitute--
"(d) the use of the article for the purpose for
which it is designed or intended--
but does not include possession or carriage of a
dangerous article for the purpose of self-defence.".
25 (4) Section 7(3) of the Control of Weapons Act
1990 is repealed.
(5) For section 7(4) of the Control of Weapons Act
1990 substitute--
"(4) In considering whether a person has a lawful
30 excuse to possess or carry a dangerous
article, the court must have regard to the
circumstances, such as time and location, of
the incident.".
561072B.I-21/8/2007 7 BILL LA INTRODUCTION 21/8/2007
Justice Legislation Amendment Bill 2007
Part 2--Amendments to the Control of Weapons Act 1990
s. 8
8 New penalty for section 8A(1) (control of body
armour)
(1) For the penalty at the foot of section 8A(1) of the
Control of Weapons Act 1990 substitute--
5 "Penalty: 240 penalty units or imprisonment for
2 years.".
(2) After section 8A(1) of the Control of Weapons
Act 1990 insert--
"(2) Subsection (1) does not apply to an
10 employee of a person who holds an approval
under section 8C if the employee is acting in
the course of his or her employment and in
accordance with the approval.".
9 Approvals for prohibited weapons and body armour
15 (1) After section 8C(1) of the Control of Weapons
Act 1990 insert--
"(1A) If an approval is granted under subsection (1)
to a person who is a member of a
partnership, the approval is taken to apply to
20 each member of the partnership.".
(2) In section 8C(2)(b) of the Control of Weapons
Act 1990, for "official duties." substitute "official
duties; or".
(3) After section 8C(2)(b) of the Control of
25 Weapons Act 1990 insert--
"(c) a person who is a member of a partnership if
another member of the partnership is a
prohibited person; or
(d) a body corporate if an officer of the body
30 corporate is a prohibited person.".
561072B.I-21/8/2007 8 BILL LA INTRODUCTION 21/8/2007
Justice Legislation Amendment Bill 2007
Part 2--Amendments to the Control of Weapons Act 1990
s. 10
10 Offences regarding exemptions and approvals
(1) For the penalty at the foot of section 8E(1) of the
Control of Weapons Act 1990 substitute--
"Penalty: 20 penalty units.".
5 (2) After section 8E(1) of the Control of Weapons
Act 1990 insert--
"(1A) An employee of a person to whom an
approval has been granted under section 8C
must not intentionally or recklessly breach a
10 condition to which the approval is subject
while, in the course of that employment,
performing duties for which the approval is
required.
Penalty: 5 penalty units.".
15 (3) For the penalty at the foot of section 8E(2) of the
Control of Weapons Act 1990 substitute--
"Penalty: 20 penalty units.".
(4) After section 8E(2) of the Control of Weapons
Act 1990 insert--
20 "(3) A person who is the holder of an approval
under section 8C must not employ a
prohibited person, or allow a prohibited
person to be employed, to carry out duties
for which an approval under section 8C is
25 required.
Penalty: 60 penalty units.".
11 New sections 8EA and 8EB inserted
After section 8E of the Control of Weapons Act
1990 insert--
30 "8EA Offences by body corporate
(1) If a body corporate contravenes a provision
of this Act, each officer of the body
corporate is deemed to have contravened the
561072B.I-21/8/2007 9 BILL LA INTRODUCTION 21/8/2007
Justice Legislation Amendment Bill 2007
Part 2--Amendments to the Control of Weapons Act 1990
s. 12
same provision if the officer knowingly
authorised or permitted the contravention.
(2) A person may be proceeded against and
convicted under a provision in accordance
5 with subsection (1) whether or not the body
corporate has been proceeded against or been
convicted under that provision.
(3) Nothing in this section affects any liability
imposed on a body corporate for an offence
10 committed by the body corporate against this
Act.
8EB Offences by partners
(1) If a person who is a member of a partnership
contravenes a provision of this Act, the
15 partner or partners of that person are deemed
to have contravened the same provision if the
partner or partners knowingly authorised or
permitted the contravention.
(2) A person may be proceeded against and
20 convicted under a provision in accordance
with subsection (1) whether or not another
member of the partnership has been
proceeded against or been convicted under
that provision.".
25 12 Search without warrant
In section 10(1)(a) of the Control of Weapons
Act 1990 omit "or a non-government school".
13 New section 11A inserted
After section 11 of the Control of Weapons Act
30 1990 insert--
"11A Indictable offence
An offence under section 5(1A) is an
indictable offence.".
561072B.I-21/8/2007 10 BILL LA INTRODUCTION 21/8/2007
Justice Legislation Amendment Bill 2007
Part 2--Amendments to the Control of Weapons Act 1990
s. 14
14 New section 15 inserted
After section 14 of the Control of Weapons Act
1990 insert--
"15 Transitional provision--Justice
5 Legislation Amendment Act 2007
(1) The amendments made to this Act by
sections 7(3), 7(4) and 7(5) of the Justice
Legislation Amendment Act 2007 apply
only to offences alleged to have been
10 committed on or after the commencement of
those sections.
(2) For the purposes of subsection (1), if an
offence is alleged to have been committed
between two dates and the provision of the
15 Justice Legislation Amendment Act 2007
effecting the amendment commences on a
date between those two dates, the offence is
alleged to have been committed before the
commencement of that provision.".
__________________
561072B.I-21/8/2007 11 BILL LA INTRODUCTION 21/8/2007
Justice Legislation Amendment Bill 2007
Part 3--Amendments to the Corrections Act 1986
s. 15
PART 3--AMENDMENTS TO THE CORRECTIONS ACT 1986
15 Victim may be given certain information about a
prisoner
See: (1) In section 30A(1) of the Corrections Act 1986,
Act No.
5 117/1986. after paragraph (g) of the definition of criminal
Reprint No. 6 act of violence insert--
as at
9 March 2006
and
"(ga) an offence against section 318(1) of the
amending Crimes Act 1958 (culpable driving causing
Act Nos
23/2006,
death) or any corresponding previous
10 24/2006, enactment;
32/2006,
48/2006, (gb) an offence against section 319(1) of the
49/2006,
80/2006 and Crimes Act 1958 (dangerous driving
28/2007. causing death or serious injury) or any
LawToday:
www. corresponding previous enactment;
legislation.
15 vic.gov.au (gc) an offence against section 61(3) of the Road
Safety Act 1986 (failing to stop and render
assistance after a motor vehicle accident
causing death or serious injury) or any
corresponding previous enactment;".
20 (2) In section 30A(1) of the Corrections Act 1986, in
paragraph (h) of the definition of criminal act of
violence, for "paragraphs (a) to (g)" substitute
"paragraphs (a) to (gc)".
16 New Division heading and new section 47AA
25 inserted
After section 47 of the Corrections Act 1986
insert--
"Division 4A--Letters to and from prisoners
47AA Definitions
30 In this Division--
family member, in relation to a person,
means--
561072B.I-21/8/2007 12 BILL LA INTRODUCTION 21/8/2007
Justice Legislation Amendment Bill 2007
Part 3--Amendments to the Corrections Act 1986
s. 16
(a) a partner of the person; or
(b) a parent, step-parent, legal
guardian or grandparent of the
person or of a partner of the
5 person; or
(c) a child or grandchild (of any age)
of the person or of a partner of the
person or a child of whom that
person or the person's partner is a
10 guardian; or
(d) a sibling or a step-sibling of the
person or of a partner of the
person; or
(e) a child (of any age) of a sibling of
15 the person or of a sibling of a
partner of the person; or
(f) a child (of any age) of a sibling of
a parent of the person or of a
sibling of a parent of a partner of
20 the person; or
(g) a person who has or has had an
intimate personal relationship with
that person; or
(h) a child who normally or regularly
25 resides with that person; or
(i) another person who is or has been
ordinarily a member of the
household of that person;
victim means--
30 (a) a natural person who has suffered
injury, loss or damage (including
grief, distress, trauma or other
significant adverse effect) as a
direct result of an offence,
35 whether or not that injury, loss or
561072B.I-21/8/2007 13 BILL LA INTRODUCTION 21/8/2007
Justice Legislation Amendment Bill 2007
Part 3--Amendments to the Corrections Act 1986
s. 17
damage was reasonably
foreseeable by the offender; or
(b) a family member of a person to
whom paragraph (a) applies.".
5 17 When letters may be stopped and censored
In section 47D(1)(d) of the Corrections
Act 1986, after "matter," insert "or written or
pictorial matter that may be regarded by a victim
as distressing or traumatic,".
10 18 New section 47DA inserted
After section 47D of the Corrections Act 1986
insert--
"47DA Offence for prisoner to send distressing or
traumatic letters
15 A prisoner must not send or cause to be sent,
or attempt to send or cause to be sent, a letter
to a victim who is not listed in
section 47(1)(m) if the prisoner knows, or
ought reasonably to know, that the letter
20 contains written or pictorial matter that may
be regarded as distressing or traumatic by the
victim or any other victim who might
reasonably receive it.
Penalty: 6 months imprisonment.".
25 19 Regulations
(1) Section 112(1)(k) of the Corrections Act 1986 is
repealed.
(2) After section 112(1)(s) of the Corrections Act
1986 insert--
30 "(sa) the establishment of bodies for the purpose
of carrying out functions under the
regulations;".
561072B.I-21/8/2007 14 BILL LA INTRODUCTION 21/8/2007
Justice Legislation Amendment Bill 2007
Part 3--Amendments to the Corrections Act 1986
s. 20
20 New sections 112A and 112B inserted
After section 112 of the Corrections Act 1986
insert--
"112A Additional regulation-making powers--
5 firearms
Without limiting section 112, the Governor
in Council may, subject to disallowance by
Parliament, make regulations for or with
respect to--
10 (a) the manner and circumstances in which
an escort officer may be issued with a
firearm, including circumstances
relating to--
(i) the classification of prisoners and
15 prisons;
(ii) firearms training;
(iii) cases of emergency;
(b) without limiting paragraph (a),
conferring discretion on the Secretary
20 or a Governor to issue a firearm to an
escort officer in circumstances where
the Secretary or Governor reasonably
believes that a firearm is necessary for
the security or good order of the prison
25 or for the safety of a prisoner, an escort
officer or other persons;
(c) the carrying and storage of firearms
issued to escort officers;
561072B.I-21/8/2007 15 BILL LA INTRODUCTION 21/8/2007
Justice Legislation Amendment Bill 2007
Part 3--Amendments to the Corrections Act 1986
s. 20
(d) the use of firearms by escort officers
while acting in the course of their
duties as escort officers in
circumstances where the escort officer
5 believes on reasonable grounds that the
use of the firearm is the only
practicable way to prevent the escape of
a prisoner from custody;
(e) the use of firearms by escort officers
10 while acting in the course of their
duties as escort officers in
circumstances where the escort officer
reasonably believes that the use of the
firearm is the only practicable way to
15 prevent death or serious injury being
caused to--
(i) a person in the prison; or
(ii) an officer (within the meaning of
Part 5), or an escort officer, acting
20 in the course of his or her duties
outside a prison; or
(iii) a prisoner outside a prison.
112B Validation of regulations
Any regulations made, or purported to have
25 been made, under section 112 and in force,
or purportedly in force, immediately before
the commencement of sections 19 and 20 of
the Justice Legislation Amendment Act
2007 that would have been validly made if
30 section 112A had been in operation at the
time the relevant regulations were made or
purported to have been made have, and are
deemed to always have had, the same force
and effect as they would have had if section
35 112A had been operation at that time.".
561072B.I-21/8/2007 16 BILL LA INTRODUCTION 21/8/2007
Justice Legislation Amendment Bill 2007
Part 3--Amendments to the Corrections Act 1986
s. 21
21 New section 116 inserted
After section 115B of the Corrections Act 1986
insert--
"116 Transitional provision--victims register
5 (1) The inclusion on the victims register,
immediately before the commencement of
section 15 of the Justice Legislation
Amendment Act 2007, of the name of a
person that is included by reason of the fact
10 that he or she was the victim of a person
convicted or found guilty of an offence under
section 318(1) or 319(1) of the Crimes Act
1958, is not to be taken to be affected by that
commencement.
15 (2) The amendments made to this Act by
section 15 of the Justice Legislation
Amendment Act 2007 apply to any
application for inclusion on the victims
register received by the Secretary and not
20 finally determined immediately before the
commencement of that section.".
__________________
561072B.I-21/8/2007 17 BILL LA INTRODUCTION 21/8/2007
Justice Legislation Amendment Bill 2007
Part 4--Amendments to Other Acts
s. 22
PART 4--AMENDMENTS TO OTHER ACTS
22 Amendment of the Legal Aid Act 1978
In section 29A(3)(b)(ii) of the Legal Aid Act
1978 for "3 years" substitute "5 years".
5 23 Amendment of the Magistrates' Court Act 1989
After item 42G of Schedule 4 to the Magistrates'
Court Act 1989 insert--
"42H Offence to possess, carry or use a
prohibited weapon in or in the vicinity of
10 licensed premises
An offence under section 5(1A) of the
Control of Weapons Act 1990.".
__________________
561072B.I-21/8/2007 18 BILL LA INTRODUCTION 21/8/2007
Justice Legislation Amendment Bill 2007
Part 5--Repeal of Act
s. 24
PART 5--REPEAL OF ACT
24 Repeal of Act
This Act is repealed on 1 July 2009.
561072B.I-21/8/2007 19 BILL LA INTRODUCTION 21/8/2007
Justice Legislation Amendment Bill 2007
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561072B.I-21/8/2007 20 BILL LA INTRODUCTION 21/8/2007
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