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PARLIAMENT OF VICTORIA
Justice Legislation Amendment Bill 2009
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 2
1 Purposes 2
2 Commencement 2
PART 2--SEARCH WARRANTS 4
Division 1--Amendment of the Crimes Act 1958 4
3 Search for stolen goods 4
4 Offences connected with explosive substances 5
5 Issue of search warrant by magistrate 6
Division 2--Amendment of the Drugs, Poisons and Controlled
Substances Act 1981 6
6 Warrant to search premises etc. 6
7 Schedule Ten amended 9
Division 3--Amendment of the Firearms Act 1996 12
8 Definitions 12
9 Warrants to search premises 12
10 Announcement before entry 13
11 Copy of warrant to be given to occupier 13
Division 4--Amendment of the Gambling Regulation Act 2003 14
12 New definitions inserted 14
13 Repeal of definitions 15
14 Search warrants 15
15 Announcement before entry 16
16 Copy of warrant to be given to occupier 16
17 New section 10.5.14A inserted 17
10.5.14A Search and seizure powers under section 2.6.2 not
affected 17
Division 5--Amendment of the Magistrates' Court Act 1989 17
18 Authority conferred by search warrant 17
561253B.I-31/3/2009 i BILL LA INTRODUCTION 31/3/2009
Clause Page
Division 6--Amendment of the Police Integrity Act 2008 18
19 New definitions inserted 18
20 Powers with search warrant 18
21 Procedure for executing warrant 19
Division 7--Amendment of the Police Regulation Act 1958 21
22 New definitions inserted 21
23 Entry, search and seizure 21
24 Search warrant 22
25 Announcement before entry 22
26 Details of warrant to be given to occupier 23
Division 8--Amendment of the Prostitution Control Act 1994 24
27 Definition 24
28 Search warrants 24
29 Announcement before entry 24
30 New section 61NA inserted 25
61NA Details of warrant to be given to person in charge of
vehicle 25
31 Embargo notice 25
32 Requirement to assist inspector during entry 26
33 Entry to unlicensed premises--search warrant 26
Division 9--Amendment of the Surveillance Devices Act 1999 27
34 Definitions 27
35 Search warrant 27
36 Announcement before entry 28
37 New section 35A inserted 29
35A Copy of warrant to be given to person in charge of
vehicle or person searched 29
PART 3--AMENDMENT OF CHILDREN, YOUTH AND
FAMILIES ACT 2005 30
38 Children, Youth and Families Act 2005--Repeal of Koori
Court (Criminal Division) sunset provisions 30
PART 4--OTHER AMENDMENTS TO THE GAMBLING
REGULATION ACT 2003 31
39 Penalty on persons advertising as to betting 31
40 New section 2.5.14A inserted 31
2.5.14A Definition 31
41 Exceptions 32
42 Application for registration as bookmaker 32
43 Determination of application for registration as bookmaker 33
561253B.I-31/3/2009 ii BILL LA INTRODUCTION 31/3/2009
Clause Page
44 New section 4.5A.10A inserted 33
4.5A.10A Responsible Gambling Code of Conduct is a
condition of registration for a bookmaker 33
45 Conditions of registration 33
46 Amendment of conditions 33
47 Disciplinary action against registered bookmaker or
bookmaker's key employee 34
48 New section 4.7.1AA inserted 34
4.7.1AA Definitions 34
49 New sections 4.7.8, 4.7.9 and 4.7.10 inserted 35
4.7.8 Appropriate advertising standards required 35
4.7.9 Prescribed statement to be included in advertisements 36
4.7.10 Offence to offer inducement to open betting account 36
50 Definition 36
51 Transitional 36
PART 23--JUSTICE LEGISLATION AMENDMENT
ACT 2009 36
23.1 Definition 36
23.2 Bookmaker's registration 37
52 Statute law revision 37
PART 5--AMENDMENT OF THE TERRORISM (COMMUNITY
PROTECTION) ACT 2003 38
53 Annual reports 38
PART 6--REPEAL OF AMENDING ACT 39
54 Repeal of this Act 39
ENDNOTES 40
561253B.I-31/3/2009 iii BILL LA INTRODUCTION 31/3/2009
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Justice Legislation Amendment Bill
2009
A Bill for an Act to amend the Crimes Act 1958, the Children,
Youth and Families Act 2005, the Drugs, Poisons and Controlled
Substances Act 1981, the Firearms Act 1996, the Gambling
Regulation Act 2003, the Magistrates' Court Act 1989, the Police
Integrity Act 2008, the Police Regulation Act 1958, the Prostitution
Control Act 1994, the Surveillance Devices Act 1999 and the
Terrorism (Community Protection) Act 2003 and for other
purposes.
The Parliament of Victoria enacts:
561253B.I-31/3/2009 1 BILL LA INTRODUCTION 31/3/2009
Justice Legislation Amendment Bill 2009
Part 1--Preliminary
s. 1
PART 1--PRELIMINARY
1 Purposes
The main purposes of this Act are--
(a) to amend various Acts to provide that search
5 warrants issued under those Acts may be
issued in relation to particular vehicles
located in public places; and
(b) to amend the Drugs, Poisons and
Controlled Substances Act 1981 to provide
10 that any member of the police force may
execute a search warrant directed to a named
member of the police force; and
(c) to amend the Gambling Regulation Act
2003--
15 (i) to provide for further restrictions and
exemptions in relation to gambling
advertising; and
(ii) to require registered bookmakers to
have a Responsible Gambling Code of
20 Conduct; and
(d) to repeal provisions of the Children, Youth
and Families Act 2005 to enable the
continued operation of the Koori Court
(Criminal Division); and
25 (e) to amend the Terrorism (Community
Protection) Act 2003 in relation to the
annual reporting requirements under that
Act.
2 Commencement
30 (1) This Act (except Part 2) comes into operation on
the day after the day on which this Act receives
the Royal Assent.
561253B.I-31/3/2009 2 BILL LA INTRODUCTION 31/3/2009
Justice Legislation Amendment Bill 2009
Part 1--Preliminary
s. 2
(2) Subject to subsection (3), Part 2 comes into
operation on a day or days to be proclaimed.
(3) If a provision of Part 2 does not come into
operation before 1 October 2009, it comes into
5 operation on that day.
__________________
561253B.I-31/3/2009 3 BILL LA INTRODUCTION 31/3/2009
Justice Legislation Amendment Bill 2009
Part 2--Search Warrants
s. 3
PART 2--SEARCH WARRANTS
Division 1--Amendment of the Crimes Act 1958
3 Search for stolen goods
See: (1) For section 92(1) of the Crimes Act 1958
Act No.
5 6231. substitute--
Reprint No. 20
as at "(1) If a magistrate is satisfied by evidence on
1 July 2008
and
oath or by affidavit that there is reasonable
amending cause to believe that any person has--
Act Nos
16/2004, (a) in the custody or possession of the
9/2008,
10 12/2008, person; or
24/2008,
34/2008, (b) on any premises (including any vehicle
46/2008, on or in those premises) of the person;
52/2008,
58/2008, or
68/2008,
78/2008, (c) on or in a particular vehicle located in a
1/2009, 4/2009
15 and 7/2009.
public place--
LawToday:
www. any stolen goods, the magistrate may grant a
legislation. warrant to search for and seize those goods.
vic.gov.au
(1A) A warrant issued under subsection (1) must
be addressed to a constable unless the
20 warrant is issued under the authority of an
enactment that expressly provides
otherwise.".
(2) For section 92(3) of the Crimes Act 1958,
substitute--
25 "(3) If under this section a person is authorised to
search premises or a particular vehicle
located in a public place for stolen goods, he
or she may enter and search the premises or
the vehicle accordingly, and may seize any
30 goods the person believes to be stolen
goods.".
561253B.I-31/3/2009 4 BILL LA INTRODUCTION 31/3/2009
Justice Legislation Amendment Bill 2009
Part 2--Search Warrants
s. 4
(3) After section 92(4) of the Crimes Act 1958,
insert--
"(5) In this section--
public place has the same meaning as it has
5 in section 3 of the Summary Offences
Act 1966;
vehicle includes motor vehicle, aircraft and
vessel.".
4 Offences connected with explosive substances
10 (1) In section 317(1) of the Crimes Act 1958--
(a) in paragraph (c) of the definition of explosive
substance, for "implement." substitute
"implement;";
(b) insert the following definitions--
15 "public place has the same meaning as it has
in section 3 of the Summary Offences
Act 1966;
vehicle includes motor vehicle, aircraft and
vessel.".
20 (2) In section 317(9)(a) of the Crimes Act 1958--
(a) for "or place mentioned in the warrant,"
substitute "or place (including any vehicle
on or in the premises or place) mentioned in
the warrant, or a particular vehicle
25 mentioned in the warrant located in a public
place,";
(b) for "or place" (where secondly occurring)
substitute ", place or vehicle";
(c) after "place," insert "or on or in the
30 vehicle,".
(3) In section 317(9)(b) of the Crimes Act 1958, after
"premises" insert "or on or in the vehicle in the
public place".
561253B.I-31/3/2009 5 BILL LA INTRODUCTION 31/3/2009
Justice Legislation Amendment Bill 2009
Part 2--Search Warrants
s. 5
5 Issue of search warrant by magistrate
(1) In section 465(1) of the Crimes Act 1958--
(a) for "any building, receptacle or place"
substitute "any building (including any
5 vehicle in that building), receptacle or place
(including any vehicle on or in that place) or
on or in a particular vehicle located in a
public place";
(b) for "or place" (where secondly occurring)
10 substitute ", place or vehicle".
(2) After section 465(4) of the Crimes Act 1958
insert--
"(5) In this section--
public place has the same meaning as it has
15 in section 3 of the Summary Offences
Act 1966;
vehicle includes motor vehicle, aircraft and
vessel.".
Division 2--Amendment of the Drugs, Poisons and
20 Controlled Substances Act 1981
6 Warrant to search premises etc.
See: (1) In section 81(1) of the Drugs, Poisons and
Act No.
9719. Controlled Substances Act 1981--
Reprint No. 8
as at (a) after "land or premises" (where first
1 August 2007
25 and
occurring) insert "(including any vehicle on
amending or in that land or those premises), or on or in
Act Nos
16/2004,
a particular vehicle located in a public
17/2008, place";
34/2008 and
46/2008. (b) for "land or premises" (where secondly
LawToday:
30 www. occurring) substitute "land, premises or
legislation. vehicle".
vic.gov.au
561253B.I-31/3/2009 6 BILL LA INTRODUCTION 31/3/2009
Justice Legislation Amendment Bill 2009
Part 2--Search Warrants
s. 6
(2) After section 81(1) of the Drugs, Poisons and
Controlled Substances Act 1981 insert--
"(1AA) A search warrant directed to a named
member of the police force under subsection
5 (1) may be executed by any member of the
police force.".
(3) In section 81(1A) of the Drugs, Poisons and
Controlled Substances Act 1981, for "the
applicant" substitute "the member of the police
10 force executing the warrant".
(4) In section 81(3) of the Drugs, Poisons and
Controlled Substances Act 1981--
(a) for "A member of the police force to whom a
warrant under subsection (1) is addressed"
15 substitute "A member of the police force
executing a warrant issued under subsection
(1)";
(b) for paragraph (a) substitute--
"(a) enter, if need be by force--
20 (i) the land or premises named in the
warrant, including any vehicle
located on or in that land or those
premises;
(ii) the particular vehicle named or
25 described in the warrant located in
a public place;";
(c) in paragraph (b), for "land or those premises"
substitute "land, those premises or that
vehicle".
30 (d) for paragraph (c) substitute--
"(c) search--
(i) the land or premises or any
vehicle or any person found on or
in that land or those premises or
561253B.I-31/3/2009 7 BILL LA INTRODUCTION 31/3/2009
Justice Legislation Amendment Bill 2009
Part 2--Search Warrants
s. 6
on or in any vehicle on or in that
land or those premises;
(ii) a particular vehicle located in a
public place or any person found
5 on or in that vehicle; and".
(5) For section 81(4) of the Drugs, Poisons and
Controlled Substances Act 1981 substitute--
"(4) A member of the police force who executes a
warrant under this section must, as soon as
10 practicable after the warrant is executed--
(a) endorse the warrant to that effect; and
(b) cause to be lodged with the registrar of
the Magistrates' Court at the venue
nearest to the land, premises or public
15 place where the warrant was executed a
report signed by the member and
containing particulars of--
(i) all searches undertaken; and
(ii) all persons arrested; and
20 (iii) all things and documents seized
and carried away; and
(iv) all samples taken; and
(v) all things destroyed or disposed
of--
25 in execution of the warrant.".
(6) After section 81(5)(b) of the Drugs, Poisons and
Controlled Substances Act 1981 insert--
"(ba) the owner of the vehicle located in a public
place on which the warrant was executed;
30 or".
561253B.I-31/3/2009 8 BILL LA INTRODUCTION 31/3/2009
Justice Legislation Amendment Bill 2009
Part 2--Search Warrants
s. 7
(7) After section 81(6) of the Drugs, Poisons and
Controlled Substances Act 1981 insert--
"(7) Nothing in this section affects the power of a
member of the police force under section 82.
5 (8) In this section--
public place has the same meaning as it has
in section 3 of the Summary Offences
Act 1966;
vehicle includes motor vehicle, aircraft, boat
10 and vessel.".
(8) In section 81A(1) of the Drugs, Poisons and
Controlled Substances Act 1981 for "the person
to whom that warrant was issued" substitute "the
member of the police force who executed the
15 warrant".
(9) In section 81B(1) of the Drugs, Poisons and
Controlled Substances Act 1981 for "to whom
the warrant was addressed" substitute "who
executed the warrant".
20 7 Schedule Ten amended
(1) In Schedule Ten to the Drugs, Poisons and
Controlled Substances Act 1981 for the
following words and expressions--
"that there *is in a certain
25 *are
*will be within the next 72 hours
land or
premises situate at *certain things
*or documents"
30 substitute--
561253B.I-31/3/2009 9 BILL LA INTRODUCTION 31/3/2009
Justice Legislation Amendment Bill 2009
Part 2--Search Warrants
s. 7
"that there *is on or in a certain
*are
*will be within the next 72 hours
*land or
5 *premises situate at or
*vehicle identified by
located in a public place *certain things
*certain documents".
(2) In Schedule Ten to the Drugs, Poisons and
10 Controlled Substances Act 1981, for the words
and expressions beginning "*(1) to authorize you
to enter and search" and ending "section 81 of the
Drugs, Poisons and Controlled Substances Act
1981." substitute--
15 "*(1) to authorize you or any other member of the police
force to enter and search the said *land or *premises
or *specified vehicle located in a public place for the
*things or *documents specified in this warrant and, if
any of those *things or *documents be found, to seize
20 and carry them before the Magistrates' Court so that
the matter may be dealt with according to law or to
destroy or dispose of them in accordance with section
81 of the Drugs, Poisons and Controlled
Substances Act 1981.".
25 (3) In Schedule Ten to the Drugs, Poisons and
Controlled Substances Act 1981, for the words
and expressions beginning "*(2) in relation to a
specified thing or a specified document" and
ending "the Drugs, Poisons and Controlled
30 Substances Act 1981." substitute--
561253B.I-31/3/2009 10 BILL LA INTRODUCTION 31/3/2009
Justice Legislation Amendment Bill 2009
Part 2--Search Warrants
s. 7
"*(2) in relation to a specified thing or a specified document
to which this warrant relates which is also tainted
property within the meaning of the Confiscation Act
1997, to direct you or any other member of the police
5 force to hold or retain that thing or document as if it
were tainted property seized under a warrant under
section 79 of that Act as and from the date when that
thing or document is no longer required for
evidentiary purposes under the Drugs, Poisons and
10 Controlled Substances Act 1981.".
(4) In the Note in Schedule Ten to the Drugs,
Poisons and Controlled Substances Act 1981--
(a) after "is addressed" insert "or any other
member of the police force";
15 (b) for paragraph (a) substitute--
"(a) enter, if need be by force, the land or premises
or specified vehicle located in a public place
named in the warrant; and";
(c) in paragraph (b), after "those premises"
20 insert "or on or in that vehicle";
(d) for paragraph (c) substitute--
"(c) search--
(i) the land or premises or any vehicle or
any person found on or in that land or
25 those premises or any person found on or
in any vehicle on or in that land or those
premises;
(ii) the specified vehicle located in a public
place or any person found on or in that
30 vehicle; and".
561253B.I-31/3/2009 11 BILL LA INTRODUCTION 31/3/2009
Justice Legislation Amendment Bill 2009
Part 2--Search Warrants
s. 8
Division 3--Amendment of the Firearms Act 1996
8 Definitions
See: In section 3(1) of the Firearms Act 1996--
Act No.
66/1996.
Reprint No. 5
(a) in paragraph (d) of the definition of term of
5 as at imprisonment, for "centre." substitute
1 September
2008
"centre;";
and
amending (b) insert the following definitions--
Act Nos
12/2008, "public place has the same meaning as it has
34/2008,
52/2008 and
in section 3 of the Summary Offences
10 68/2008. Act 1966;
LawToday:
www. vehicle includes motor vehicle, aircraft and
legislation.
vic.gov.au
vessel.".
9 Warrants to search premises
(1) In section 146(1) of the Firearms Act 1996, after
15 "premises" insert "(including any vehicle on or in
those premises) or a particular vehicle located in a
public place".
(2) In section 146(2)(a) of the Firearms Act 1996,
after "warrant" insert "or the vehicle named or
20 described in the warrant that is located in a public
place".
(3) In section 146(3)(b) of the Firearms Act 1996
after "the premises" insert "or vehicle located in a
public place".
25 (4) After section 146(5) of the Firearms Act 1996
insert--
"(6) Nothing in this section or section 147 or 148
limits the power of a member of the police
force under section 149.".
561253B.I-31/3/2009 12 BILL LA INTRODUCTION 31/3/2009
Justice Legislation Amendment Bill 2009
Part 2--Search Warrants
s. 10
10 Announcement before entry
(1) For section 147(1) of the Firearms Act 1996
substitute--
"(1) Before executing a search warrant, the
5 member named in the warrant or person
assisting must--
(a) announce that he or she is authorised by
warrant to enter the premises or the
vehicle located in a public place, as the
10 case requires; and
(b) give any person at the premises or on or
in the vehicle an opportunity to allow
entry to the premises or the vehicle.".
(2) In section 147(2) of the Firearms Act 1996, after
15 "premises" insert "or the vehicle".
11 Copy of warrant to be given to occupier
(1) Insert the following heading to section 148 of the
Firearms Act 1996--
"Copy of warrant to be given to occupier or
20 person in charge of vehicle".
(2) At the end of section 148 of the Firearms Act
1996 insert--
"(2) If there is a person in charge of the vehicle
located in a public place when a search
25 warrant is being executed, the member
must--
(a) identify himself or herself to the person
as a member of the police force; and
(b) give the person a copy of the execution
30 copy of the warrant.".
561253B.I-31/3/2009 13 BILL LA INTRODUCTION 31/3/2009
Justice Legislation Amendment Bill 2009
Part 2--Search Warrants
s. 12
Division 4--Amendment of the Gambling Regulation
Act 2003
12 New definitions inserted
See: Insert the following definitions in section 1.3(1)
Act No.
5 114/2003. of the Gambling Regulation Act 2003--
Reprint No. 2
as at "aircraft means a machine or structure used or
1 October
2007
intended to be used for navigation of the air;
and
amending public place includes--
Act Nos
16/2004, (a) a public highway;
39/2007,
10 72/2007, (b) a park, garden, reserve or other place of
4/2008,
12/2008,
public recreation or resort;
40/2008,
71/2008, (c) a railway station, platform or carriage;
73/2008 and
2/2009. (d) a wharf, pier or jetty;
LawToday:
www. (e) a passenger ship or hire vessel;
legislation.
15 vic.gov.au (f) a hire vehicle;
(g) a church or chapel open to the public or
any other building where divine service
is publicly held;
(h) a State school, including the school's
20 land or premises;
(i) a public hall, theatre or room where
members of the public are, or are
assembling for or departing from, a
public entertainment or meeting;
25 (j) a market;
(k) an auction room, mart or place while a
sale or auction is proceeding;
(l) licensed premises or authorised
premises within the meaning of the
30 Liquor Control Reform Act 1998;
561253B.I-31/3/2009 14 BILL LA INTRODUCTION 31/3/2009
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Part 2--Search Warrants
s. 13
(m) a racecourse, cricket ground, football
ground or other sporting ground where
members of the public are present or
are permitted to have access to, whether
5 with or without an admission fee;
(n) any open place to which the public
have access;
vehicle includes motor vehicle, aircraft, vessel,
caravan and trailer;
10 vessel includes a ship, boat or vehicle that is
capable of use in or on water, whether
floating or submersible and whether or not
self propelled;".
13 Repeal of definitions
15 In section 2.1.2(1) of the Gambling Regulation
Act 2003, the definitions of public place, vehicle
and vessel are repealed.
14 Search warrants
(1) In section 10.5.12(1) of the Gambling
20 Regulation Act 2003--
(a) after "premises" (where first occurring)
insert "(including any vehicle on or in the
premises) or a particular vehicle located in a
public place,";
25 (b) after "premises" (where secondly occurring)
insert "or on or in the vehicle".
(2) In section 10.5.12(2)(a) of the Gambling
Regulation Act 2003, after "premises" (wherever
occurring) insert "or the vehicle".
30 (3) In section 10.5.12(3)(b) of the Gambling
Regulation Act 2003, after "premises" insert
"or vehicle".
561253B.I-31/3/2009 15 BILL LA INTRODUCTION 31/3/2009
Justice Legislation Amendment Bill 2009
Part 2--Search Warrants
s. 15
15 Announcement before entry
(1) In section 10.5.13(1)(a) of the Gambling
Regulation Act 2003, after "premises" insert
"or vehicle located in a public place, as the case
5 requires".
(2) For section 10.5.13(1)(b) of the Gambling
Regulation Act 2003 substitute--
"(b) give any person at the premises, on the
vehicle or in the vehicle an opportunity to
10 allow entry to the premises or vehicle.".
(3) In section 10.5.13(2) of the Gambling
Regulation Act 2003, after "premises" insert
"or vehicle".
16 Copy of warrant to be given to occupier
15 (1) In the heading to section 10.5.14 of the Gambling
Regulation Act 2003, after "occupier" insert
"or person in charge of vehicle".
(2) In section 10.5.14 of the Gambling Regulation
Act 2003, for "If" substitute "In the case of a
20 warrant issued in respect of premises, if".
(3) At the end of section 10.5.14 of the Gambling
Regulation Act 2003 insert--
"(2) In the case of a warrant issued in respect of a
vehicle in a public place, if there is a person
25 in charge of the vehicle when a search
warrant is being executed, the inspector
must--
(a) identify himself or herself to that
person by producing his or her identity
30 card for inspection by that person; and
(b) give to that person a copy of the
execution copy of the warrant.".
561253B.I-31/3/2009 16 BILL LA INTRODUCTION 31/3/2009
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Part 2--Search Warrants
s. 17
17 New section 10.5.14A inserted
After section 10.5.14 of the Gambling
Regulation Act 2003 insert--
"10.5.14A Search and seizure powers under section
5 2.6.2 not affected
Nothing in this Division limits powers under
section 2.6.2.".
Division 5--Amendment of the Magistrates' Court Act 1989
18 Authority conferred by search warrant
10 (1) In section 78(1)(b)(i) of the Magistrates' Court See:
Act No.
Act 1989 after "place" insert "or vehicle". 51/1989.
Reprint No. 14
(2) After section 78(6) of the Magistrates' Court Act as at
21 August
1989 insert-- 2008
and
"(7) In this section-- amending
Act Nos
15 vehicle includes motor vehicle, aircraft and 51/2006,
vessel.". 12/2008,
34/2008,
38/2008,
52/2008,
68/2008,
72/2008,
74/2008,
76/2008,
78/2008.,
83/2008,
4/2009 and
7/2009.
LawToday:
www.
legislation.
vic.gov.au
561253B.I-31/3/2009 17 BILL LA INTRODUCTION 31/3/2009
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Part 2--Search Warrants
s. 19
Division 6--Amendment of the Police Integrity Act 2008
19 New definitions inserted
See: In section 3 of the Police Integrity Act 2008
Act No.
34/2008 insert the following definitions--
and
5 amending "motor vehicle has the same meaning as it has in
Act No
60/2008.
section 3(1) of the Road Safety Act 1986;
LawToday:
www. public place has the same meaning as it has in
legislation. section 3 of the Summary Offences Act
vic.gov.au
1966;".
10 20 Powers with search warrant
(1) For section 93(1) of the Police Integrity Act 2008
substitute--
"(1) The Director may apply to a magistrate for
the issue of a search warrant in relation to
15 either or both of the following--
(a) particular premises, if the Director
believes on reasonable grounds that
entry to the premises (including any
vehicle on or in those premises) is
20 necessary for the purpose of an
investigation;
(b) a particular vehicle located in a public
place, if the Director believes on
reasonable grounds that entry to the
25 vehicle is necessary for the purpose of
an investigation.".
(2) For section 93(2)(a) of the Police Integrity Act
2008 substitute--
"(a) to enter and search the premises or vehicle
30 named or described in the warrant and
inspect any document or thing at those
premises or on or in that vehicle; and".
561253B.I-31/3/2009 18 BILL LA INTRODUCTION 31/3/2009
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Part 2--Search Warrants
s. 21
(3) After section 93(4) of the Police Integrity Act
2008 insert--
"(5) In this section and section 94--
aircraft means a machine or structure used
5 or intended to be used for navigation of
the air;
vehicle includes motor vehicle, aircraft and
vessel;
vessel includes a ship, boat or vehicle that is
10 capable of use in or on water, whether
floating or submersible and whether or
not self propelled.".
21 Procedure for executing warrant
(1) In section 94(1)(a) of the Police Integrity Act
15 2008, after "premises" insert "or vehicle located
in a public place, as the case may be".
(2) For section 94(1)(b) of the Police Integrity Act
2008 substitute--
"(b) if the person has been unable to obtain
20 unforced entry, must give any person at the
premises or on or in the vehicle an
opportunity to allow entry to the premises or
vehicle.".
(3) In section 94(2) of the Police Integrity Act 2008,
25 after "premises" insert "or vehicle".
(4) After section 94(3) of the Police Integrity Act
2008 insert--
"(3A) If there is a person in charge of a vehicle
named or described in a search warrant being
30 executed, the person executing the warrant
must--
561253B.I-31/3/2009 19 BILL LA INTRODUCTION 31/3/2009
Justice Legislation Amendment Bill 2009
Part 2--Search Warrants
s. 21
(a) identify himself or herself to the person
in charge; and
(b) give the person in charge a copy of the
warrant.".
5 (5) After section 94(4) of the Police Integrity Act
2008 insert--
"(4A) If there is no person in charge of a vehicle in
a public place in respect of which a warrant
is being executed, the person executing the
10 warrant must--
(a) identify himself or herself to any person
present on or in the vehicle who is
apparently over the age of 18 years; and
(b) give that person a copy of the warrant.".
15 (6) In section 94(5) of the Police Integrity Act
2008--
(a) after "where" insert ", or on or in a vehicle
in respect of which,";
(b) after "premises," (where secondly occurring)
20 insert "or on or in the vehicle,".
(7) In section 94(6) of the Police Integrity Act
2008--
(a) after "premises" (where first occurring)
insert "or on or in a vehicle";
25 (b) after "premises" (where secondly occurring)
insert "or on or in the vehicle".
561253B.I-31/3/2009 20 BILL LA INTRODUCTION 31/3/2009
Justice Legislation Amendment Bill 2009
Part 2--Search Warrants
s. 22
Division 7--Amendment of the Police Regulation Act 1958
22 New definitions inserted
In section 99 of the Police Regulation Act See:
Act No.
1958-- 6338.
Reprint No. 12
5 (a) in the definition of relevant offence for as at
14 July 2008
"127A." substitute "127A;"; and
amending
(b) insert the following definitions-- Act Nos
30/2007,
" public place has the same meaning as in 4/2008,
section 3 of the Summary Offences 34/2008,
52/2008,
10 Act 1966; 60/2008,
68/2008 and
vehicle includes motor vehicle, aircraft and 77/2008.
LawToday:
vessel.". www.
legislation.
vic.gov.au
23 Entry, search and seizure
(1) In section 100(1) of the Police Regulation Act
15 1958--
(a) after "place" (where first occurring) insert
"(including any vehicle on or in that place)
or a particular vehicle located in a public
place";
20 (b) after "place" (where secondly occurring)
insert "or on or in that vehicle".
(2) In section 100(2) of the Police Regulation Act
1958--
(a) in paragraph (a), after "place" insert
25 "or vehicle";
(b) in paragraph (b), after "that place" insert
"or that vehicle".
561253B.I-31/3/2009 21 BILL LA INTRODUCTION 31/3/2009
Justice Legislation Amendment Bill 2009
Part 2--Search Warrants
s. 24
24 Search warrant
(1) In section 100A(1) of the Police Regulation Act
1958--
(a) after "place" (where first occurring) insert
5 "(including any vehicle on or in that place)
or a particular vehicle located in a public
place";
(b) after "place" (where secondly occurring)
insert "or on or in that vehicle".
10 (2) In section 100A(2) of the Police Regulation Act
1958--
(a) after "a place" insert "or on or in a vehicle";
(b) in paragraph (a), after "the place" insert
"or the vehicle".
15 25 Announcement before entry
(1) In section 100B(1) of the Police Regulation Act
1958--
(a) in paragraph (a), after "place" insert "or the
vehicle located in a public place";
20 (b) for paragraph (b) substitute--
"(b) if the member has been unable to obtain
unforced entry--
(i) in the case of a warrant issued in
relation to a place, must give any
25 person at the place an opportunity
to allow entry to the place; or
(ii) in the case of a warrant issued in
relation to a vehicle located in a
public place, must give any person
30 on or in the vehicle an opportunity
to allow entry to the vehicle.".
(2) In section 100B(2) of the Police Regulation Act
1958, after "place" insert "or the vehicle".
561253B.I-31/3/2009 22 BILL LA INTRODUCTION 31/3/2009
Justice Legislation Amendment Bill 2009
Part 2--Search Warrants
s. 26
26 Details of warrant to be given to occupier
(1) Insert the following heading to section 100C of
the Police Regulation Act 1958--
"Details to be given to occupier or person in
5 charge of vehicle".
(2) In section 100C of the Police Regulation Act
1958--
(a) for "If the occupier" substitute "In the case
of a warrant issued in respect of a particular
10 place, if the occupier of the place";
(b) for "a place" substitute "the place".
(3) At the end of section 100C of the Police
Regulation Act 1958 insert--
"(2) In the case of a warrant issued in relation to a
15 particular vehicle located in a public place, if
there is a person apparently in charge of the
vehicle when a search warrant is being
executed, the member executing the warrant
must--
20 (a) identify himself or herself to that
person; and
(b) give the person a copy of the warrant.".
561253B.I-31/3/2009 23 BILL LA INTRODUCTION 31/3/2009
Justice Legislation Amendment Bill 2009
Part 2--Search Warrants
s. 27
Division 8--Amendment of the Prostitution Control
Act 1994
27 Definition
See: In section 61A of the Prostitution Control Act
Act No.
5 102/1994. 1994 insert the following definition--
Reprint No. 6
as at "vehicle includes motor vehicle, aircraft and
1 May 2008
and
vessel.".
amending
Act Nos
16/2004,
4/2008,
12/2008,
24/2008,
46/2008 and
82/2008.
LawToday:
www.
legislation.
vic.gov.au
28 Search warrants
(1) In section 61L(1) of the Prostitution Control Act
10 1994, after "premises" insert "(including any
vehicle on or in those premises) or a particular
vehicle located in a public place".
(2) In section 61L(2)(a) of the Prostitution Control
Act 1994, after "premises" insert "or vehicle".
15 29 Announcement before entry
(1) In section 61M(1)(a) of the Prostitution Control
Act 1994, after "premises" insert "or the vehicle
located in a public place, as the case may be".
(2) For section 61M(1)(b) of the Prostitution
20 Control Act 1994 substitute--
"(b) if the inspector has been unable to obtain
unforced entry, must give--
(i) any person at the premises an
opportunity to allow entry to the
25 premises; or
561253B.I-31/3/2009 24 BILL LA INTRODUCTION 31/3/2009
Justice Legislation Amendment Bill 2009
Part 2--Search Warrants
s. 30
(ii) any person on or in the vehicle an
opportunity to allow entry to the
vehicle.".
(3) In section 61M(2) of the Prostitution Control
5 Act 1994, after "premises" insert "or the vehicle".
30 New section 61NA inserted
After section 61N of the Prostitution Control
Act 1994 insert--
"61NA Details of warrant to be given to person in
10 charge of vehicle
(1) If there is a person in charge of the vehicle
located in a public place in respect of which
a search warrant is being executed, the
inspector must--
15 (a) identify himself or herself to the person
in charge of the vehicle; and
(b) give to the person a copy of the
warrant.
(2) If there is no person in charge of the vehicle
20 located in a public place in respect of which
a search warrant is being executed, the
inspector must--
(a) identify himself or herself to a person
(if any) on or in the vehicle; and
25 (b) give to the person a copy of the
warrant.".
31 Embargo notice
In section 61P(1) of the Prostitution Control Act
1994, for "occupier" (wherever occurring)
30 substitute "occupier or the person in charge of the
vehicle".
561253B.I-31/3/2009 25 BILL LA INTRODUCTION 31/3/2009
Justice Legislation Amendment Bill 2009
Part 2--Search Warrants
s. 32
32 Requirement to assist inspector during entry
In section 61T of the Prostitution Control Act
1994, after "occupier" (where secondly occurring)
insert "or the person in charge of the vehicle".
5 33 Entry to unlicensed premises--search warrant
(1) For section 63(1) of the Prostitution Control Act
1994 substitute--
"(1) A member of the police force of or above the
rank of senior sergeant may apply to a
10 magistrate for the issue of a search warrant--
(a) in relation to particular premises
(including any vehicle on or in those
premises) if the member believes on
reasonable grounds that a person is
15 carrying on business at those premises
as a prostitution service provider in
contravention of section 22(1) or (1A)
or 24(1); or
(b) in relation to a particular vehicle
20 located in a public place, if the member
believes on reasonable grounds that
there is evidence on or in the vehicle of
a contravention of section 22(1) or (1A)
or 24(1).".
25 (2) After section 63(2) of the Prostitution Control
Act 1994 insert--
"(2A) If the magistrate to whom an application is
made is satisfied by evidence on oath,
whether oral or by affidavit, that there are
30 reasonable grounds for suspecting that there
is evidence of a contravention of section
22(1) or (1A) or 24(1) on or in the vehicle
located in a public place, the magistrate may
issue a search warrant.".
561253B.I-31/3/2009 26 BILL LA INTRODUCTION 31/3/2009
Justice Legislation Amendment Bill 2009
Part 2--Search Warrants
s. 34
(3) In section 63(3) of the Prostitution Control Act
1994, after "premises" (wherever occurring)
insert "or vehicle".
(4) After section 63(6) insert--
5 "(7) Nothing in subsection (1) affects the types of
premises that may be licensed under this Act.
(8) In this section--
vehicle includes motor vehicle, aircraft and
vessel.".
10 Division 9--Amendment of the Surveillance Devices
Act 1999
34 Definitions
In section 3(1) of the Surveillance Devices Act See:
Act No.
1999-- 21/1999.
Reprint No. 1
15 (a) insert the following definition-- as at
1 July 2006
"public place has the same meaning as it has and
amending
in section 3 of the Summary Offences Act Nos
Act 1966;"; 70/2006,
9/2008,
(b) in the definition of vehicle, after "includes" 34/2008,
77/2008 and
20 insert "motor vehicle,". 3/2009.
LawToday:
www.
legislation.
vic.gov.au
35 Search warrant
(1) In section 33(1) of the Surveillance Devices Act
1999--
(a) after "premises" (where first occurring)
25 insert "or a particular vehicle located in a
public place"; and
(b) after "premises" (where secondly occurring)
insert "or on or in the vehicle".
561253B.I-31/3/2009 27 BILL LA INTRODUCTION 31/3/2009
Justice Legislation Amendment Bill 2009
Part 2--Search Warrants
s. 36
(2) In section 33(2) of the Surveillance Devices Act
1999--
(a) after "premises" (where first occurring)
insert "or on or in the vehicle located in a
5 public place";
(b) in paragraph (a), after "premises" (wherever
occurring) insert "or vehicle";
(c) for paragraph (b) substitute--
"(b) to search the premises or vehicle or any
10 person found on the premises or on or
in the vehicle for any thing named or
described in the warrant; and".
(3) In section 33(3)(b) of the Surveillance Devices
Act 1999, after "premises" insert "or vehicle".
15 36 Announcement before entry
(1) For section 34(1) of the Surveillance Devices Act
1999 substitute--
"(1) Before executing a search warrant, the
member of Victoria Police named in the
20 warrant or a person assisting him or her
must--
(a) announce that he or she is authorised by
the warrant to enter--
(i) in the case of a warrant issued in
25 respect of particular premises, the
premises; or
(ii) in the case of a warrant issued in
respect of a particular vehicle
located in a public place, the
30 vehicle; and
(b) give any person at the premises or on or
in the vehicle, as the case may be, an
opportunity to allow entry to the
premises or the vehicle.".
561253B.I-31/3/2009 28 BILL LA INTRODUCTION 31/3/2009
Justice Legislation Amendment Bill 2009
Part 2--Search Warrants
s. 37
(2) In section 34(2) of the Surveillance Devices Act
1999, after "premises" insert "or vehicle".
37 New section 35A inserted
After section 35 of the Surveillance Devices Act
5 1999 insert--
"35A Copy of warrant to be given to person in
charge of vehicle or person searched
(1) If there is a person in charge of the vehicle
located in a public place when a search
10 warrant is being executed, the member of
Victoria Police must--
(a) identify himself or herself to that
person; and
(b) give that person a copy of the execution
15 copy of the warrant.
(2) If a person found on or in the vehicle when a
search warrant is being executed is to be
searched under the warrant, the member of
Victoria Police must--
20 (a) identify himself or herself to that
person; and
(b) give that person a copy of the execution
copy of the warrant.".
__________________
561253B.I-31/3/2009 29 BILL LA INTRODUCTION 31/3/2009
Justice Legislation Amendment Bill 2009
Part 3--Amendment of Children, Youth and Families Act 2005
s. 38
PART 3--AMENDMENT OF CHILDREN, YOUTH AND
FAMILIES ACT 2005
See: 38 Children, Youth and Families Act 2005--Repeal of
Act No.
96/2005. Koori Court (Criminal Division) sunset provisions
Reprint No. 1
5 as at (1) Section 2(2) of the Children, Youth and
23 Apr 2007
and
Families Act 2005 is repealed.
amending
Act Nos (2) Section 2(3) of the Children, Youth and
97/2005, Families Act 2005 is repealed.
23/2006,
24/2006,
51/2006,
(3) Section 605 of the Children, Youth and Families
10 81/2006, Act 2005 is repealed.
24/2007,
28/2007,
56/2007,
7/2008, 8/2008,
9/2008,
12/2008,
52/2008,
68/2008,
77/2008 and
4/2009.
LawToday:
www.
legislation.
vic.gov.au
__________________
561253B.I-31/3/2009 30 BILL LA INTRODUCTION 31/3/2009
Justice Legislation Amendment Bill 2009
Part 4--Other Amendments to the Gambling Regulation Act 2003
s. 39
PART 4--OTHER AMENDMENTS TO THE GAMBLING
REGULATION ACT 2003
39 Penalty on persons advertising as to betting
At the foot of section 2.5.6 of the Gambling
5 Regulation Act 2003 insert--
"Note
See section 2.5.16 for exceptions to section 2.5.6.".
40 New section 2.5.14A inserted
In Division 5 of Part 5 of Chapter 2 of the
10 Gambling Regulation Act 2003, before section
2.5.15 insert--
"2.5.14A Definition
In this Division--
wagering service provider means--
15 (a) a person who operates a totalisator
in Victoria or elsewhere in
Australia;
(b) a person who operates a betting
exchange in Victoria or elsewhere
20 in Australia;
(c) a person who, in Victoria or
elsewhere in Australia, carries on
the business of, or acts as, a
bookmaker or turf commission
25 agent;
(d) a person who, in Victoria or
elsewhere in Australia, gains or
endeavours to gain their livelihood
wholly or partly by betting or
30 making wagers;
561253B.I-31/3/2009 31 BILL LA INTRODUCTION 31/3/2009
Justice Legislation Amendment Bill 2009
Part 4--Other Amendments to the Gambling Regulation Act 2003
s. 41
(e) an employee or agent of a person
mentioned in paragraph (a), (b),
(c) or (d).".
41 Exceptions
5 (1) In the heading to section 2.5.16 of the Gambling
Regulation Act 2003, for "section 2.5.15"
substitute "sections 2.5.6 and 2.5.15".
(2) In section 2.5.16(1) of the Gambling Regulation
Act 2003, after "in section" insert "2.5.6 or".
10 (3) For section 2.5.16(3) of the Gambling
Regulation Act 2003 substitute--
"(3) A wagering service provider may
advertise--
(a) details that identify the wagering
15 service provider as a wagering service
provider;
(b) details that specify how the wagering
service provider can be contacted;
(c) the services offered by the wagering
20 service provider;
(d) the odds the wagering service provider
is offering in respect of a particular
betting contingency.".
42 Application for registration as bookmaker
25 After section 4.5A.2(2)(b) of the Gambling
Regulation Act 2003 insert--
"(ba) must be accompanied by a Responsible
Gambling Code of Conduct that the
applicant intends to implement if registered;
30 and".
561253B.I-31/3/2009 32 BILL LA INTRODUCTION 31/3/2009
Justice Legislation Amendment Bill 2009
Part 4--Other Amendments to the Gambling Regulation Act 2003
s. 43
43 Determination of application for registration as
bookmaker
(1) In section 4.5A.4(2)(e) of the Gambling
Regulation Act 2003, for "place." substitute
5 "place; and".
(2) After section 4.5A.4(2)(e) of the Gambling
Regulation Act 2003 insert--
"(f) whether the Responsible Gambling Code of
Conduct accompanying the application
10 complies with--
(i) any directions given under section
10.6.6; and
(ii) the additional requirements set out in
section 10.6.7.".
15 44 New section 4.5A.10A inserted
After section 4.5.10 of the Gambling Regulation
Act 2003 insert--
"4.5A.10A Responsible Gambling Code of Conduct is
a condition of registration for a
20 bookmaker
It is a condition of registration as a
bookmaker that the bookmaker implement a
Responsible Gambling Code of Conduct that
has been approved by the Commission.".
25 45 Conditions of registration
In section 4.5A.11 of the Gambling Regulation
Act 2003 for "On granting" substitute "In
addition to any condition imposed by this Act, on
granting".
30 46 Amendment of conditions
In section 4.5A.12(1) of the Gambling
Regulation Act 2003, after "employee" insert
"(other than a condition imposed by this Act)".
561253B.I-31/3/2009 33 BILL LA INTRODUCTION 31/3/2009
Justice Legislation Amendment Bill 2009
Part 4--Other Amendments to the Gambling Regulation Act 2003
s. 47
47 Disciplinary action against registered bookmaker or
bookmaker's key employee
After paragraph (e) of the definition of grounds
for disciplinary action in section 4.5A.14(1) of
5 the Gambling Regulation Act 2003 insert--
"(ea) that there have been repeated breaches by the
registered bookmaker of the bookmaker's
Responsible Gambling Code of Conduct;".
48 New section 4.7.1AA inserted
10 After the heading to Part 7 of Chapter 4 of the
Gambling Regulation Act 2003 insert--
"4.7.1AA Definitions
In this Part--
gambling advertising means advertising that
15 gives publicity to, or otherwise
promotes or is intended to promote,
participation in wagering or sports
betting;
wagering service provider means--
20 (a) a person who operates a totalisator
in Victoria or elsewhere in
Australia;
(b) a person who operates a betting
exchange in Victoria or elsewhere
25 in Australia;
(c) a person who, in Victoria or
elsewhere in Australia, carries on
the business of, or acts as, a
bookmaker or turf commission
30 agent;
(d) a person who, in Victoria or
elsewhere in Australia, gains or
endeavours to gain their livelihood
561253B.I-31/3/2009 34 BILL LA INTRODUCTION 31/3/2009
Justice Legislation Amendment Bill 2009
Part 4--Other Amendments to the Gambling Regulation Act 2003
s. 49
wholly or partly by betting or
making wagers;
(e) an employee or agent of a person
mentioned in paragraph (a), (b),
5 (c) or (d).".
49 New sections 4.7.8, 4.7.9 and 4.7.10 inserted
After section 4.7.7 of the Gambling Regulation
Act 2003 insert--
"4.7.8 Appropriate advertising standards
10 required
A wagering service provider must not
publish or disseminate, or cause to be
published or disseminated, any gambling
advertising, in any form or by any method of
15 communication, that--
(a) encourages a breach of this Act; or
(b) depicts children wagering or involved
in any other form of gambling; or
(c) suggests that winning will be a definite
20 outcome of participating in wagering or
sports betting activities; or
(d) suggests that participation in wagering
or sports betting activities is likely to
improve a person's financial prospects;
25 or
(e) promotes the consumption of alcohol
while engaged in wagering or sports
betting activities; or
(f) is offensive.
30 Penalty: 20 penalty units.
561253B.I-31/3/2009 35 BILL LA INTRODUCTION 31/3/2009
Justice Legislation Amendment Bill 2009
Part 4--Other Amendments to the Gambling Regulation Act 2003
s. 50
4.7.9 Prescribed statement to be included in
advertisements
A wagering service provider must not
publish or disseminate, or cause to be
5 published or disseminated, in the course of
business any gambling advertising in any
form or by any method of communication
unless the advertisement contains a
prescribed statement (if any) in relation to
10 problem gambling.
Penalty: 20 penalty units.
4.7.10 Offence to offer inducement to open
betting account
A wagering service provider must not offer
15 any credit, voucher or reward as an
inducement to open a betting account.
Penalty: 20 penalty units.".
50 Definition
After paragraph (ca) of the definition of relevant
20 person in section 10.6.5 of the Gambling
Regulation Act 2003 insert--
"(cb) a registered bookmaker;".
51 Transitional
At the end of Schedule 7 to the Gambling
25 Regulation Act 2003 insert--
"PART 23--JUSTICE LEGISLATION
AMENDMENT ACT 2009
23.1 Definition
In this Part--
30 Amending Act means the Justice
Legislation Amendment Act 2009;
561253B.I-31/3/2009 36 BILL LA INTRODUCTION 31/3/2009
Justice Legislation Amendment Bill 2009
Part 4--Other Amendments to the Gambling Regulation Act 2003
s. 52
commencement day means the day on which
section 44 of the Amending Act comes
into operation.
23.2 Bookmaker's registration
5 (1) This clause applies to the registration of a
bookmaker granted before, on or after the
commencement day.
(2) The condition of registration set out in
section 4.5A.10A does not apply to the
10 registration of a bookmaker until the day that
is 6 months after the commencement day.".
52 Statute law revision
In section 2.5.16(1A)(b) of the Gambling
Regulation Act 2003 for "Australian Harness
15 Racing Council Inc." substitute "Harness Racing
Australia Inc.".
__________________
561253B.I-31/3/2009 37 BILL LA INTRODUCTION 31/3/2009
Justice Legislation Amendment Bill 2009
Part 5--Amendment of the Terrorism (Community Protection) Act 2003
s. 53
PART 5--AMENDMENT OF THE TERRORISM
(COMMUNITY PROTECTION) ACT 2003
See: 53 Annual reports
Act No.
7/2003.
Reprint No. 1
In section 13(2) of the Terrorism (Community
5 as at Protection) Act 2003, for "practicable" substitute
9 March 2006
and
"practicable, but within 3 months,".
amending
Act Nos
30/2006,
48/2006,
28/2007,
69/2007,
34/2008 and
46/2008.
LawToday:
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__________________
561253B.I-31/3/2009 38 BILL LA INTRODUCTION 31/3/2009
Justice Legislation Amendment Bill 2009
Part 6--Repeal of Amending Act
s. 54
PART 6--REPEAL OF AMENDING ACT
54 Repeal of this Act
This Act is repealed on 1 October 2010.
Note
5 The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
561253B.I-31/3/2009 39 BILL LA INTRODUCTION 31/3/2009
Justice Legislation Amendment Bill 2009
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561253B.I-31/3/2009 40 BILL LA INTRODUCTION 31/3/2009
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