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PARLIAMENT OF VICTORIA
Justice Legislation Miscellaneous Amendments Bill
2009
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purposes 1
2 Commencement 2
PART 2--AMENDMENTS TO CRIMES LEGISLATION 3
3 Recording of confessions and admissions 3
4 New sections 464JA to 464JD inserted 4
464JA Offences in relation to recordings 4
464JB Court may give directions in relation to a recording 10
464JC Retention of copy of recording 10
464JD Use of recordings for training, teaching or testing
purposes 12
5 New section 614 inserted 13
614 Transitional provision--Justice Legislation
Miscellaneous Amendments Act 2009 13
6 Interlocutory decision 13
PART 3--AMENDMENTS TO MAJOR CRIME LEGISLATION 14
7 Witness already held in custody 14
8 Revocation of coercive powers orders 14
9 Preliminary requirements 14
10 Restriction on publication of evidence 15
11 Amendment of Major Crime Legislation Amendment
Act 2009--Restriction on publication of evidence 15
PART 4--AMENDMENTS TO SHERIFF ACT 2009 AND
RELATED AMENDMENTS TO OTHER ACTS 16
Division 1--Amendments to the Sheriff Act 2009 16
12 Execution and return of warrants and other processes 16
13 Requirements in relation to entry to premises to execute civil
warrants 16
561324B.I-14/10/2009 i BILL LA INTRODUCTION 14/10/2009
Clause Page
14 Sheriff may demand and receive payment in relation to money
warrants 17
15 New h eading to Division 10 of Part 3 17
16 New heading to section 32 17
17 All warrants in a multiple warrant situation must be executed
at the same time 17
18 Execution of warrant to imprison and infringement warrant 17
19 Execution of warrant to imprison and warrant to arrest 18
20 Execution of warrant to imprison, warrant to arrest and
infringement warrant 19
21 Offence to resist sheriff, deputy sheriff or sheriff's officer 20
22 Offence to assault sheriff, deputy sheriff or sheriff's officer 20
23 Offence to escape from lawful custody of sheriff, deputy
sheriff or sheriff's officer 21
24 Offence to rescue or attempt to rescue goods 21
25 Offence to impersonate sheriff, deputy sheriff or sheriff's
officer 21
Division 2--Amendments to other Acts 22
26 Commonwealth Games Arrangements Act 2001--
proceedings where refusal to give up possession 22
27 EastLink Project Act 2004--proceedings where refusal to
give up possession 22
28 EastLink Project Act 2004--proceedings where refusal to
give up possession 22
29 Land Acquisition and Compensation Act 1986--proceedings
where refusal to deliver possession 23
30 Project Development and Construction Management Act
1994--proceedings where refusal to give up possession 23
31 Road Management Act 2004--proceedings where refusal to
give up possession 24
PART 5--AMENDMENTS TO TELECOMMUNICATIONS
(INTERCEPTION) (STATE PROVISIONS) ACT 1988 25
32 Purpose of Principal Act 25
33 Definitions 25
34 Documents connected with issue of warrants to be kept 27
35 Other records to be kept in connection with interceptions 28
36 Documents to be given to the Police Minister 28
37 Documents connected with issue of warrants to be kept 28
38 Other records to be kept in connection with interceptions 29
39 Documents to be given to the Police Integrity Minister 29
561324B.I-14/10/2009 ii BILL LA INTRODUCTION 14/10/2009
Clause Page
PART 6--AMENDMENT TO INFRINGEMENTS ACT 2006
AND RELATED AMENDMENTS TO OTHER ACTS 30
Division 1--Amendment of Infringements Act 2006 30
40 Cancellation of certain infringement notices 30
41 Applications for revocation of enforcement orders 30
42 Powers to revoke enforcement orders 30
43 Applying for payment order 31
44 Infringements registrar may make payment order 31
45 Consequences of default under a payment order 33
46 New section 81A inserted 33
81A Recall and cancellation of infringement warrant 33
47 Warrant void after 5 years 33
48 New sections 94A and 94B inserted 34
94A Infringements registrar may stay infringement warrant 34
94B Fresh infringement warrant following expiry 35
49 Direction not to renew driver licence or motor vehicle
registration 35
50 Division 1 of Part 10 repealed 35
51 When can an attachment of earnings order be made? 36
52 New sections 128A and 128B inserted 36
128A Allocation of money under attachment of earnings
order 36
128B Infringement warrant stayed if attachment of earnings
order made 37
53 When can an attachment of debts order be made? 38
54 New sections 133A and 133B inserted 38
133A Allocation of money under attachment of debts order 38
133B Infringement warrant may be stayed if attachment of
debts order made 39
55 Section 134 substituted 40
134 Application of Part 40
56 Term of imprisonment in default of payment of outstanding
fines 40
57 Service of documents 41
Division 2--Amendment of Sentencing Act 1991 42
58 New section 16A inserted 42
16A Person may consent to imprisonment in respect of
unpaid fines 42
Division 3--Other consequential amendments 43
59 Amendment of EastLink Project Act 2004 43
60 Amendment of Magistrates' Court Act 1989 43
61 Repeal of section 40G of Water Efficiency Labelling and
Standards Act 2005 43
561324B.I-14/10/2009 iii BILL LA INTRODUCTION 14/10/2009
Clause Page
PART 7--REPEAL OF AMENDING ACT 44
62 Repeal of Amending Act 44
ENDNOTES 45
561324B.I-14/10/2009 iv BILL LA INTRODUCTION 14/10/2009
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Justice Legislation Miscellaneous
Amendments Bill 2009
A Bill for an Act to amend the Crimes Act 1958, the Criminal
Procedure Act 2009, the Infringements Act 2006, the Major Crime
(Investigative Powers) Act 2004, the Major Crime Legislation
Amendment Act 2009, the Sheriff Act 2009, the
Telecommunications (Interception) (State Provisions) Act 1988
and other Acts and for other purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purposes
The main purposes of this Act are--
(a) to amend the Crimes Act 1958 in relation to
5 digital evidence capture;
(b) to amend the Criminal Procedure Act 2009
to replace a reference to a trial judge;
561324B.I-14/10/2009 1 BILL LA INTRODUCTION 14/10/2009
Justice Legislation Miscellaneous Amendments Bill 2009
Part 1--Preliminary
s. 2
(c) to amend the Major Crime (Investigative
Powers) Act 2004 and the Major Crime
Legislation Amendment Act 2009 to
improve the operation of provisions of those
5 Acts;
(d) to make miscellaneous amendments to the
Sheriff Act 2009 to improve the operation of
that Act and consequential amendments to
other Acts to remove redundant references to
10 the sheriff and the deputy sheriff;
(e) to amend the Telecommunications
(Interception) (State Provisions) Act 1988
to ensure consistency with the
Telecommunications (Interception and
15 Access) Act 1979 of the Commonwealth;
(f) to amend the Infringements Act 2006 and
other Acts to improve the operation of the
infringements system.
2 Commencement
20 (1) This Part, Part 2, Part 3 (except sections 8 and 10),
Part 4 and Part 5 come into operation on the day
after the day on which this Act receives the Royal
Assent.
(2) Sections 8 and 10 come into operation on a day to
25 be proclaimed.
(3) If sections 8 and 10 do not come into operation
before 1 February 2010, they come into operation
on that day.
(4) Subject to subsection (5), the remaining
30 provisions of this Act come into operation on a
day or days to be proclaimed.
(5) If a provision referred to in subsection (4) does
not come into operation before 1 November 2010,
it comes into operation on that day.
__________________
561324B.I-14/10/2009 2 BILL LA INTRODUCTION 14/10/2009
Justice Legislation Miscellaneous Amendments Bill 2009
Part 2--Amendments to Crimes Legislation
s. 3
PART 2--AMENDMENTS TO CRIMES LEGISLATION
3 Recording of confessions and admissions
(1) In section 464H(1) of the Crimes Act 1958, for See:
Act No.
"and the recording (whether audio recording or 6231.
5 audiovisual recording) is available to be tendered Reprint No. 21
as at
in evidence" substitute-- 7 May 2009
and
"and, if either an audio recording or an amending
Act Nos
audiovisual recording was made, that recording 16/2004,
or, if both an audio recording and an audiovisual 9/2008,
46/2008,
10 recording were made, the audiovisual recording is 78/2008,
available to be tendered in evidence". 4/2009, 7/2009,
22/2009 and
25/2009.
LawToday:
www.
legislation.
vic.gov.au
(2) For section 464H(3)(a) and (b) of the Crimes Act
1958 substitute--
"(a) if either an audio recording or an audiovisual
15 recording was made, a copy of that recording
as soon as practicable but not later than
7 days after the recording was made; and
(b) if both an audio recording and an audiovisual
recording were made--
20 (i) the audio recording as soon as
practicable but not later than 7 days
after the recording was made; and
(ii) if the person is charged with an offence
to which the recording relates, a copy
25 of the audiovisual recording as soon as
practicable but not later than 7 days
after the person is charged; and
561324B.I-14/10/2009 3 BILL LA INTRODUCTION 14/10/2009
Justice Legislation Miscellaneous Amendments Bill 2009
Part 2--Amendments to Crimes Legislation
s. 4
(c) if a transcript of the recording is prepared, a
copy of the transcript as soon as practicable
but not later than 7 days after the transcript
was made.".
5 (3) After section 464H(3) of the Crimes Act 1958
insert--
"(3A) On request by a person charged with an
offence or the legal practitioner representing
that person, the investigating official must
10 provide an additional copy of the audiovisual
recording referred to in subsection (3).".
4 New sections 464JA to 464JD inserted
After section 464J of the Crimes Act 1958
insert--
15 "464JA Offences in relation to recordings
(1) In this section--
authorised person means--
(a) a member of police personnel
within the meaning of the Police
20 Regulation Act 1958 (other than
a protective services officer
appointed under Part VIA of that
Act);
(b) a person or body engaged to
25 provide services to Victoria Police
in relation to the installation or
maintenance of recording
equipment;
(c) the Director of Public
30 Prosecutions for Victoria or a
person acting under the authority
of the Director;
561324B.I-14/10/2009 4 BILL LA INTRODUCTION 14/10/2009
Justice Legislation Miscellaneous Amendments Bill 2009
Part 2--Amendments to Crimes Legislation
s. 4
(d) the Chief Crown Prosecutor or a
Crown Prosecutor or Associate
Crown Prosecutor appointed
under the Public Prosecutions
5 Act 1994;
(e) a person employed in the Office of
Public Prosecutions under the
Public Prosecutions Act 1994;
(f) a legal practitioner representing--
10 (i) the State; or
(ii) an informant;
(g) a legal practitioner representing--
(i) a suspect recorded under
section 464B(5H), 464G
15 or 464H; or
(ii) a co-accused of the suspect;
(h) an officer or employee of Victoria
Legal Aid employed under the
Legal Aid Act 1978;
20 (i) a court or a person acting under
the direction of a court;
(j) a coroner within the meaning of
the Coroners Act 2008 or a
person acting under the direction
25 of a coroner;
(k) the Commissioner for Law
Enforcement Data Security
appointed under Part 2 of the
Commissioner for Law
30 Enforcement Data Security Act
2005 or a person acting under his
or her direction;
561324B.I-14/10/2009 5 BILL LA INTRODUCTION 14/10/2009
Justice Legislation Miscellaneous Amendments Bill 2009
Part 2--Amendments to Crimes Legislation
s. 4
(l) the Chief Examiner or an
Examiner appointed under Part 3
of the Major Crime
(Investigative Powers) Act 2004
5 or a person acting under the
direction of the Chief Examiner or
an Examiner;
(m) the Director, Police Integrity
appointed under Part 2 of the
10 Police Integrity Act 2008 or a
person acting under his or her
direction;
(n) the Special Investigations Monitor
appointed under section 5 of the
15 Major Crime (Special
Investigations Monitor) Act
2004 or a person acting under his
or her direction;
(o) a member of the Legislative
20 Assembly or Legislative Council
or a person acting under his or her
direction;
(p) a person, or person belonging to a
class of persons, prescribed for the
25 purposes of this definition;
publish means--
(a) insert in a newspaper or other
publication; or
(b) disseminate by broadcast, telecast
30 or cinematograph; or
(c) bring to the notice of the public or
any member of the public by any
other means, including by
publication on the Internet;
561324B.I-14/10/2009 6 BILL LA INTRODUCTION 14/10/2009
Justice Legislation Miscellaneous Amendments Bill 2009
Part 2--Amendments to Crimes Legislation
s. 4
recording means a recording made in
accordance with section 464B(5H),
464G or 464H.
(2) A person must not knowingly possess an
5 audio recording or an audiovisual recording
unless the person--
(a) is the suspect; or
(b) is a legal practitioner representing the
suspect; or
10 (c) is an authorised person acting in the
performance of his or her duties; or
(d) has possession of the recording in a
sealed package in the course of his or
her duties as a person engaged by a
15 person referred to in paragraph (a), (b)
or (c) to transport the recording to that
person.
Penalty: Level 8 imprisonment (1 year
maximum).
20 Note
The maximum fine that may be imposed on a body
corporate found guilty of an offence against this
subsection is 600 penalty units: see section 113D of
the Sentencing Act 1991.
25 (3) A person must not play an audio recording or
an audiovisual recording to another person
unless--
(a) the recording is played for purposes
connected with the prosecution or
30 defence of, or legal proceedings
relating to, a charge to which the
recording relates; or
561324B.I-14/10/2009 7 BILL LA INTRODUCTION 14/10/2009
Justice Legislation Miscellaneous Amendments Bill 2009
Part 2--Amendments to Crimes Legislation
s. 4
(b) the recording is played for purposes
connected with an investigation of a
death or a fire or an inquest held by a
coroner; or
5 (c) the recording is played for purposes
connected with disciplinary action
against a member of the force within
the meaning of the Police Regulation
Act 1958; or
10 (d) the recording is played for purposes
connected with disciplinary action
against a legal practitioner; or
(e) the recording is played in accordance
with the direction of a court under
15 section 464JB; or
(f) the recording is played in accordance
with section 464JD; or
(g) the recording is played by an authorised
person acting in the course of his or her
20 duties.
Penalty: Level 8 imprisonment (1 year
maximum).
Note
The maximum fine that may be imposed on a body
25 corporate found guilty of an offence against this
subsection is 600 penalty units: see section 113D of
the Sentencing Act 1991.
(4) A person must not supply or offer to supply
an audio recording or an audiovisual
30 recording to another person other than--
(a) the suspect in relation to whom the
recording was made;
561324B.I-14/10/2009 8 BILL LA INTRODUCTION 14/10/2009
Justice Legislation Miscellaneous Amendments Bill 2009
Part 2--Amendments to Crimes Legislation
s. 4
(b) a legal practitioner representing the
suspect;
(c) an authorised person acting in the
performance of his or her duties;
5 (d) a person engaged by a person referred
to in paragraph (a), (b) or (c) to
transport the recording.
Penalty: Level 8 imprisonment (1 year
maximum).
10 Note
The maximum fine that may be imposed on a body
corporate found guilty of an offence against this
subsection is 600 penalty units: see section 113D of
the Sentencing Act 1991.
15 (5) A person, other than an authorised person
acting in the performance of his or her
duties, must not copy the whole or any part
of an audio recording or an audiovisual
recording or permit another person to make
20 such a copy, unless the person is acting in
accordance with the direction of a court
under section 464JB.
Penalty: Level 8 imprisonment (1 year
maximum).
25 Note
The maximum fine that may be imposed on a body
corporate found guilty of an offence against this
subsection is 600 penalty units: see section 113D of
the Sentencing Act 1991.
30 (6) An authorised person must not knowingly or
recklessly tamper with, modify or erase
(in whole or in part) a recording, except in
accordance with the direction of a court
under section 464JB.
35 Penalty: Level 8 imprisonment (1 year
maximum).
561324B.I-14/10/2009 9 BILL LA INTRODUCTION 14/10/2009
Justice Legislation Miscellaneous Amendments Bill 2009
Part 2--Amendments to Crimes Legislation
s. 4
Note
The maximum fine that may be imposed on a body
corporate found guilty of an offence against this
subsection is 600 penalty units: see section 113D of
5 the Sentencing Act 1991.
(7) A person must not publish or cause to be
published the whole or any part of an audio
recording or an audiovisual recording except
in accordance with the direction of a court
10 under section 464JB.
Penalty: Level 7 imprisonment (2 years
maximum).
Note
The maximum fine that may be imposed on a body
15 corporate found guilty of an offence against this
subsection is 1200 penalty units: see section 113D of
the Sentencing Act 1991.
(8) An offence against a provision of this section
is a summary offence.
20 464JB Court may give directions in relation to a
recording
(1) In this section--
recording has the same meaning as in
section 464JA.
25 (2) A court may give directions, with or without
conditions, as to the supply, copying, editing,
erasure, playing or publishing of an audio
recording or an audiovisual recording.
464JC Retention of copy of recording
30 (1) In this section--
authorised person has the same meaning as
in section 464JA;
561324B.I-14/10/2009 10 BILL LA INTRODUCTION 14/10/2009
Justice Legislation Miscellaneous Amendments Bill 2009
Part 2--Amendments to Crimes Legislation
s. 4
court means--
(a) if a criminal proceeding to which
the recording relates has
commenced but has not been
5 completed, the court hearing the
proceeding;
(b) in any other case, the Magistrates'
Court;
recording has the same meaning as in
10 section 464JA.
(2) The Chief Commissioner of Police must
keep a copy of a recording in safe custody
for a period of 7 years from the making of
the recording.
15 (3) If the court is satisfied that there is good
cause to keep a copy of a recording for a
period longer than 7 years, the court may
order that the Chief Commissioner of Police
retain the copy for a further period specified
20 in the order.
(4) An application for an order under subsection
(3) may be made by--
(a) the suspect in relation to whom the
recording was made; or
25 (b) an authorised person acting in the
performance of his or her duties.
(5) The court must not make an order under
subsection (3) unless--
(a) the court is satisfied that the applicant
30 has given reasonable notice of the
application to the suspect and the Chief
Commissioner of Police; and
561324B.I-14/10/2009 11 BILL LA INTRODUCTION 14/10/2009
Justice Legislation Miscellaneous Amendments Bill 2009
Part 2--Amendments to Crimes Legislation
s. 4
(b) the court has given the suspect and the
Chief Commissioner of Police a
reasonable opportunity to be heard.
464JD Use of recordings for training, teaching or
5 testing purposes
(1) In this section--
prescribed person means--
(a) a member of police personnel
within the meaning of the Police
10 Regulation Act 1958 (other than
a protective services officer
appointed under Part VIA of that
Act);
(b) a person or body engaged to
15 provide services to Victoria Police
in relation to the installation or
maintenance of recording
equipment;
(c) a legal practitioner or a person
20 training to become a legal
practitioner; or
(d) a person, or a person belonging to
a class of persons, prescribed for
the purposes of this section;
25 recording has the same meaning as in
section 464JA.
(2) Subject to section 464JA, a recording may be
played to a prescribed person for the
purposes of training or teaching that person
30 or testing the recording equipment if--
(a) the suspect has been convicted or found
guilty of the charge to which the
recording relates; and
561324B.I-14/10/2009 12 BILL LA INTRODUCTION 14/10/2009
Justice Legislation Miscellaneous Amendments Bill 2009
Part 2--Amendments to Crimes Legislation
s. 5
(b) all legal proceedings in relation to the
subject matter in the recording have
been concluded; and
(c) all reasonable measures have been
5 taken to prevent the identification of the
suspect or any other person (including
an alleged victim) from the recording
when it is played.".
5 New section 614 inserted
10 At the end of Part 7 of the Crimes Act 1958
insert--
"614 Transitional provision--Justice
Legislation Miscellaneous Amendments
Act 2009
15 Section 464H as amended by section 3 of the
Justice Legislation Miscellaneous
Amendments Act 2009 applies to an audio
recording or an audiovisual recording made
on or after the commencement of section 3
20 of that Act.".
6 Interlocutory decision
In section 3 of the Criminal Procedure Act 2009, See:
Act No.
in the definition of interlocutory decision, for 7/2009.
"trial judge" substitute "judge". Statute Book:
www.
legislation.
vic.gov.au
__________________
561324B.I-14/10/2009 13 BILL LA INTRODUCTION 14/10/2009
Justice Legislation Miscellaneous Amendments Bill 2009
Part 3--Amendments to Major Crime Legislation
s. 7
PART 3--AMENDMENTS TO MAJOR CRIME
LEGISLATION
7 Witness already held in custody
See: After section 18(7) of the Major Crime
Act No.
5 79/2004. (Investigative Powers) Act 2004 insert--
Reprint No. 2
as at "(8) If an order is made under this section,
2 April 2009
and
sections 12(2), 13, 16, 37(5) and 49 apply as
amending if a reference in those sections to a witness
Act No.
3/2009.
summons issued under section 14 or 15
10 LawToday: included a reference to an order under this
www.
legislation.
section.".
vic.gov.au
8 Revocation of coercive powers orders
In section 18(8) of the Major Crime
(Investigative Powers) Act 2004, for "12(2)"
15 substitute "12C".
9 Preliminary requirements
(1) In section 31 of the Major Crime (Investigative
Powers) Act 2004, for "Before any question is
asked" substitute "Subject to subsection (2),
20 before any question is asked".
(2) At the end of section 31 of the Major Crime
(Investigative Powers) Act 2004 insert--
"(2) If a witness attends an examination solely to
produce documents on behalf of a body
25 corporate that is a corporation or an ADI, the
Chief Examiner is only required to comply
with subsection (1)(d), (e), (f) and (g) in
relation to that witness.".
561324B.I-14/10/2009 14 BILL LA INTRODUCTION 14/10/2009
Justice Legislation Miscellaneous Amendments Bill 2009
Part 3--Amendments to Major Crime Legislation
s. 10
10 Restriction on publication of evidence
In section 43(5)(b) of the Major Crime
(Investigative Powers) Act 2004, after
"examining the evidence" insert "and considering
5 any submissions made under subsection (4A)".
11 Amendment of Major Crime Legislation See:
Act No.
Amendment Act 2009--Restriction on publication 3/2009.
of evidence Statute Book:
www.
legislation.
In section 10 of the Major Crime Legislation vic.gov.au
10 Amendment Act 2009, in proposed section
43(4A), for "Before a court gives a certificate
under subsection (4)," substitute "When the Chief
Examiner or the Chief Commissioner makes
evidence available to the court in accordance with
15 subsection (4),".
__________________
561324B.I-14/10/2009 15 BILL LA INTRODUCTION 14/10/2009
Justice Legislation Miscellaneous Amendments Bill 2009
Part 4--Amendments to Sheriff Act 2009 and Related Amendments to Other
s. 12
Acts
PART 4--AMENDMENTS TO SHERIFF ACT 2009 AND
RELATED AMENDMENTS TO OTHER ACTS
Division 1--Amendments to the Sheriff Act 2009
12 Execution and return of warrants and other
5 processes
See: In section 13(1) of the Sheriff Act 2009, for
Act No.
9/2009. "all warrants and" substitute "every warrant or".
LawToday:
www.
legislation.
vic.gov.au
13 Requirements in relation to entry to premises to
execute civil warrants
10 (1) For section 22(4) of the Sheriff Act 2009
substitute--
"(4) The sheriff may use force and assistance to
enter the premises if the owner or occupier
of the premises unreasonably withholds his
15 or her consent.
(4A) Despite subsection (3), the sheriff may use
force and assistance to enter the premises
if--
(a) the sheriff, after reasonable attempts to
20 do so, cannot contact the owner or
occupier of the premises; or
(b) the sheriff reasonably believes that the
owner or occupier of the premises is
avoiding being contacted by the
25 sheriff.".
(2) In section 22(5) of the Sheriff Act 2009, for
"Division" substitute "section".
561324B.I-14/10/2009 16 BILL LA INTRODUCTION 14/10/2009
Justice Legislation Miscellaneous Amendments Bill 2009
Part 4--Amendments to Sheriff Act 2009 and Related Amendments to Other
s. 14
Acts
14 Sheriff may demand and receive payment in
relation to money warrants
(1) In section 27(4)(b) of the Sheriff Act 2009 omit
"of" (where first occurring).
5 (2) In section 27(9)(b) of the Sheriff Act 2009, after
"that" (where first occurring) insert ", in the case
of a money warrant that is a criminal warrant,".
15 New heading to Division 10 of Part 3
For the heading to Division 10 of Part 3 of the
10 Sheriff Act 2009 substitute--
"Division 10--Costs and expenses of execution
of warrants".
16 New heading to section 32
For the heading to section 32 of the Sheriff Act
15 2009 substitute--
"Sheriff may recover reasonable costs and
expenses of execution".
17 All warrants in a multiple warrant situation must be
executed at the same time
20 In section 35 of the Sheriff Act 2009, after
"Subject to" insert "section 13 and".
18 Execution of warrant to imprison and infringement
warrant
For section 38(2)(b) of the Sheriff Act 2009
25 substitute--
"(b) must not execute the infringement warrant
unless--
(i) the person has been arrested under the
warrant to imprison; or
561324B.I-14/10/2009 17 BILL LA INTRODUCTION 14/10/2009
Justice Legislation Miscellaneous Amendments Bill 2009
Part 4--Amendments to Sheriff Act 2009 and Related Amendments to Other
s. 19
Acts
(ii) the person is in a police gaol in the
legal custody of the Chief
Commissioner of Police or in a prison
in the legal custody of the Secretary.".
5 19 Execution of warrant to imprison and warrant to
arrest
For section 39(2)(b) of the Sheriff Act 2009
substitute--
"(b) must not execute the warrant to arrest--
10 (i) unless a seven day demand relating to
the warrant to arrest is served on the
person before the warrant to imprison
has been received by the sheriff and--
(A) the period under that seven day
15 demand has expired and no
liability discharge event has
occurred before the warrant to
imprison is executed; or
(B) the operation of the period under
20 that seven day demand has been
waived by the person; or
(ii) unless the person is released from the
legal custody of the Chief
Commissioner of Police or the
25 Secretary (as the case requires) and--
(A) the period under a seven day
demand relating to the warrant to
arrest and served on the person
has expired and no liability
30 discharge event has occurred; or
(B) the operation of the period under
that seven day demand has been
waived by the person.".
561324B.I-14/10/2009 18 BILL LA INTRODUCTION 14/10/2009
Justice Legislation Miscellaneous Amendments Bill 2009
Part 4--Amendments to Sheriff Act 2009 and Related Amendments to Other
s. 20
Acts
20 Execution of warrant to imprison, warrant to arrest
and infringement warrant
(1) For section 40(2)(b) of the Sheriff Act 2009
substitute--
5 "(b) must not execute the infringement warrant
unless--
(i) the person has been arrested under the
warrant to imprison; or
(ii) the person is in a police gaol in the
10 legal custody of the Chief
Commissioner of Police or in a prison
in the legal custody of the Secretary;
and".
(2) For section 40(2)(c) of the Sheriff Act 2009
15 substitute--
"(c) must not execute the warrant to arrest--
(i) unless a seven day demand relating to
the warrant to arrest is served on the
person before the warrant to imprison
20 has been received by the sheriff and--
(A) the period under that seven day
demand has expired and no
liability discharge event has
occurred before the warrant to
25 imprison is executed; or
(B) the operation of the period under
that seven day demand has been
waived by the person; or
(ii) unless the person is released from the
30 legal custody of the Chief
Commissioner of Police or the
Secretary (as the case requires) and--
561324B.I-14/10/2009 19 BILL LA INTRODUCTION 14/10/2009
Justice Legislation Miscellaneous Amendments Bill 2009
Part 4--Amendments to Sheriff Act 2009 and Related Amendments to Other
s. 21
Acts
(A) the period under a seven day
demand relating to the warrant to
arrest and served on the person
has expired and no liability
5 discharge event has occurred; or
(B) the operation of the period under
that seven day demand has been
waived by the person.".
21 Offence to resist sheriff, deputy sheriff or sheriff's
10 officer
(1) For the heading to section 47 of the Sheriff Act
2009 substitute--
"Offence to resist sheriff, deputy sheriff,
sheriff's officer or justice employee".
15 (2) In section 47 of the Sheriff Act 2009, for "or a
sheriff's officer" substitute ", a sheriff's officer or
an appropriately trained justice employee".
22 Offence to assault sheriff, deputy sheriff or sheriff's
officer
20 (1) For the heading to section 48 of the Sheriff Act
2009 substitute--
"Offence to assault sheriff, deputy sheriff,
sheriff's officer or justice employee".
(2) In section 48(1)(c) of the Sheriff Act 2009, for
25 "power." substitute "power; or".
(3) After section 48(1)(c) of the Sheriff Act 2009
insert--
"(d) an appropriately trained justice employee
while the appropriately trained justice
30 employee is performing or exercising a
delegated enforcement function or power.".
561324B.I-14/10/2009 20 BILL LA INTRODUCTION 14/10/2009
Justice Legislation Miscellaneous Amendments Bill 2009
Part 4--Amendments to Sheriff Act 2009 and Related Amendments to Other
s. 23
Acts
23 Offence to escape from lawful custody of sheriff,
deputy sheriff or sheriff's officer
(1) For the heading to section 49 of the Sheriff Act
2009 substitute--
5 "Offence to escape from lawful custody of
sheriff, deputy sheriff, sheriff's officer or
justice employee".
(2) In section 49 of the Sheriff Act 2009, for "or a
sheriff's officer" substitute ", a sheriff's officer or
10 an appropriately trained justice employee".
24 Offence to rescue or attempt to rescue goods
In section 50(1) of the Sheriff Act 2009, for "or a
sheriff's officer" substitute ", a sheriff's officer or
an appropriately trained justice employee".
15 25 Offence to impersonate sheriff, deputy sheriff or
sheriff's officer
(1) For the heading to section 51 of the Sheriff Act
2009 substitute--
"Offence to impersonate sheriff, deputy sheriff,
20 sheriff's officer or justice employee".
(2) In section 51 of the Sheriff Act 2009, for "or a
sheriff's officer" substitute ", a sheriff's officer or
an appropriately trained justice employee".
561324B.I-14/10/2009 21 BILL LA INTRODUCTION 14/10/2009
Justice Legislation Miscellaneous Amendments Bill 2009
Part 4--Amendments to Sheriff Act 2009 and Related Amendments to Other
s. 26
Acts
Division 2--Amendments to other Acts
26 Commonwealth Games Arrangements Act 2001--
proceedings where refusal to give up possession
See: Section 39(8) of the Commonwealth Games
Act No.
5 57/2001. Arrangements Act 2001 is repealed.
Reprint No. 2
as at
1 March 2006
and
amending
Act Nos
29/2006 and
80/2006.
LawToday:
www.
legislation.
vic.gov.au
27 EastLink Project Act 2004--proceedings where
refusal to give up possession
See: Section 76(8) of the EastLink Project Act 2004
Act No.
39/2004. is repealed.
Reprint No. 2
as at
31 July 2009
and
amending
Act No.
6/2009.
LawToday:
www.
legislation.
vic.gov.au
10 28 EastLink Project Act 2004--proceedings where
refusal to give up possession
Section 117(7) of the EastLink Project Act 2004
is repealed.
561324B.I-14/10/2009 22 BILL LA INTRODUCTION 14/10/2009
Justice Legislation Miscellaneous Amendments Bill 2009
Part 4--Amendments to Sheriff Act 2009 and Related Amendments to Other
s. 29
Acts
29 Land Acquisition and Compensation Act 1986--
proceedings where refusal to deliver possession
Section 28(8) of the Land Acquisition and See:
Act No.
Compensation Act 1986 is repealed. 121/1986.
Reprint No. 4
as at
7 May 2009
and
amending
Act No.
78/2008.
LawToday:
www.
legislation.
vic.gov.au
5 30 Project Development and Construction
Management Act 1994--proceedings where refusal
to give up possession
Section 20G(8) of the Project Development and See:
Act No.
Construction Management Act 1994 is 101/1994.
10 repealed. Reprint No. 4
as at
10 September
2009.
LawToday:
www.
legislation.
vic.gov.au
561324B.I-14/10/2009 23 BILL LA INTRODUCTION 14/10/2009
Justice Legislation Miscellaneous Amendments Bill 2009
Part 4--Amendments to Sheriff Act 2009 and Related Amendments to Other
s. 31
Acts
31 Road Management Act 2004--proceedings where
refusal to give up possession
See: Clause 45(8) of Schedule 5A to the Road
Act No.
12/2004. Management Act 2004 is repealed.
Reprint No. 2
as at
11 October
2006
and
amending
Act Nos
61/2005,
74/2006,
85/2006,
69/2007,
74/2007,
13/2009,
17/2009 and
28/2009.
LawToday:
www.
legislation.
vic.gov.au
__________________
561324B.I-14/10/2009 24 BILL LA INTRODUCTION 14/10/2009
Justice Legislation Miscellaneous Amendments Bill 2009
Part 5--Amendments to Telecommunications (Interception) (State
s. 32
Provisions) Act 1988
PART 5--AMENDMENTS TO TELECOMMUNICATIONS
(INTERCEPTION) (STATE PROVISIONS) ACT 1988
32 Purpose of Principal Act
In section 1 of the Telecommunications See:
Act No.
5 (Interception) (State Provisions) Act 1988, for 46/1988.
"Telecommunications (Interception) Act 1979 of Reprint No. 2
as at
the Commonwealth" substitute 7 May 2009.
"Telecommunications (Interception and Access) LawToday:
www.
Act 1979 of the Commonwealth". legislation.
vic.gov.au
10 33 Definitions
(1) In section 3(1) of the Telecommunications
(Interception) (State Provisions) Act 1988, the
definition of Minister is repealed.
(2) In section 3(1) of the Telecommunications
15 (Interception) (State Provisions) Act 1988, for
the definition of Part VI warrant substitute--
"Part 25 warrant means a warrant issued or to
be issued under Part 25 of the
Commonwealth Act;".
20 (3) In section 3(1) of the Telecommunications
(Interception) (State Provisions) Act 1988, in
the definition of restricted record, for "a record
obtained" substitute "a record other than a copy,
that was obtained".
25 (4) In section 3(1) of the Telecommunications
(Interception) (State Provisions) Act 1988, for
the definition of the Commonwealth Act
substitute--
"the Commonwealth Act means the
30 Telecommunications (Interception and
Access) Act 1979 of the Commonwealth;".
561324B.I-14/10/2009 25 BILL LA INTRODUCTION 14/10/2009
Justice Legislation Miscellaneous Amendments Bill 2009
Part 5--Amendments to Telecommunications (Interception) (State
s. 33
Provisions) Act 1988
(5) In section 3(1) of the Telecommunications
(Interception) (State Provisions) Act 1988, for
the definition of warrant substitute--
"warrant means a warrant issued under Part 25
5 of the Commonwealth Act.".
(6) In section 3(1) of the Telecommunications
(Interception) (State Provisions) Act 1988
insert the following definitions--
"Police Integrity Minister means the Minister
10 administering the Police Integrity Act 2008;
Police Minister means the Minister administering
the Police Regulation Act 1958;".
(7) In the Telecommunications (Interception)
(State Provisions) Act 1988--
15 (a) in sections 7(1) and 12 for "Minister"
(wherever occurring) substitute "Police
Minister";
(b) in section 7(1)(c)(i) for "Minister's"
substitute "Police Minister's";
20 (c) insert the following heading to section 8--
"Documents to be given by State Police
Minister to Commonwealth Minister";
(d) in section 8 for "The Minister" substitute
"The Police Minister";
25 (e) In section 8 for "the Minister," substitute
"the Police Minister,";
(f) in the heading to section 9C for "Minister"
substitute "Police Integrity Minister";
(g) in sections 9C(1) and 15 for "Minister"
30 (wherever occurring) substitute "Police
Integrity Minister",
(h) in section 9C(1)(c)(i) for "Minister's"
substitute "Police Integrity Minister's";
561324B.I-14/10/2009 26 BILL LA INTRODUCTION 14/10/2009
Justice Legislation Miscellaneous Amendments Bill 2009
Part 5--Amendments to Telecommunications (Interception) (State
s. 34
Provisions) Act 1988
(i) in the heading to section 9D for "State
Minister" substitute "State Police Integrity
Minister";
(j) in section 9D for "The Minister" substitute
5 "The Police Integrity Minister";
(k) in section 9D for "the Minister," substitute
"the Police Integrity Minister,";
(l) for section 10(c) substitute--
"(c) report to the Police Minister about the
10 results of the inspections referred to in
paragraph (a) and the Police Integrity
Minister about the results of the
inspections referred to in paragraph (b);
and";
15 (m) in section 20C for "Minister" substitute
"Police Minister or Police Integrity
Minister";
(n) in section 21 for "The Minister must"
substitute "The Police Minister or the Police
20 Integrity Minister (as the case requires)
must".
34 Documents connected with issue of warrants to be
kept
(1) For section 5(a), (b) and (c) of the
25 Telecommunications (Interception) (State
Provisions) Act 1988 substitute--
"(a) each warrant issued to the Police Force; and
(b) a copy of each notification by the Chief
Commissioner of Police under section 59A
30 of the Commonwealth Act; and
(c) each instrument revoking a warrant issued to
the Police Force; and".
561324B.I-14/10/2009 27 BILL LA INTRODUCTION 14/10/2009
Justice Legislation Miscellaneous Amendments Bill 2009
Part 5--Amendments to Telecommunications (Interception) (State
s. 35
Provisions) Act 1988
(2) In section 5(f) of the Telecommunications
(Interception) (State Provisions) Act 1988, for
"Part VI warrant" substitute "Part 25 warrant".
35 Other records to be kept in connection with
5 interceptions
(1) In section 6 of the Telecommunications
(Interception) (State Provisions) Act 1988, for
"Part VI warrant" (wherever occurring) substitute
"Part 25 warrant".
10 (2) In section 6 of the Telecommunications
(Interception) (State Provisions) Act 1988, for
"lawfully obtained information" (wherever
occurring) substitute "lawfully intercepted
information".
15 36 Documents to be given to the Police Minister
(1) In section 7(1)(c) of the Telecommunications
(Interception) (State Provisions) Act 1988, for
"2 months" substitute "3 months".
(2) In section 7(1)(c)(i) of the Telecommunications
20 (Interception) (State Provisions) Act 1988, for
"Part IX" substitute "Part 28".
37 Documents connected with issue of warrants to be
kept
(1) For section 9A(a), (b) and (c) of the
25 Telecommunications (Interception) (State
Provisions) Act 1988 substitute--
"(a) each warrant issued to the Office of Police
Integrity; and
(b) a copy of each notification by the Director
30 under section 59A of the Commonwealth
Act; and
(c) each instrument revoking a warrant issued to
the Office of Police Integrity; and".
561324B.I-14/10/2009 28 BILL LA INTRODUCTION 14/10/2009
Justice Legislation Miscellaneous Amendments Bill 2009
Part 5--Amendments to Telecommunications (Interception) (State
s. 38
Provisions) Act 1988
(2) In section 9A(f) of the Telecommunications
(Interception) (State Provisions) Act 1988, for
"Part VI warrant" substitute "Part 25 warrant".
38 Other records to be kept in connection with
5 interceptions
(1) In section 9B of the Telecommunications
(Interception) (State Provisions) Act 1988, for
"Part VI warrant" (wherever occurring) substitute
"Part 25 warrant".
10 (2) In section 9B of the Telecommunications
(Interception) (State Provisions) Act 1988, for
"lawfully obtained information" (wherever
occurring) substitute "lawfully intercepted
information".
15 39 Documents to be given to the Police Integrity
Minister
(1) In section 9C(1)(c) of the Telecommunications
(Interception) (State Provisions) Act 1988, for
"2 months" substitute "3 months".
20 (2) In section 9C(1)(c)(i) of the Telecommunications
(Interception) (State Provisions) Act 1988, for
"Part IX" substitute "Part 28".
__________________
561324B.I-14/10/2009 29 BILL LA INTRODUCTION 14/10/2009
Justice Legislation Miscellaneous Amendments Bill 2009
Part 6--Amendment to Infringements Act 2006 and Related Amendments to
s. 40
Other Acts
PART 6--AMENDMENT TO INFRINGEMENTS ACT 2006
AND RELATED AMENDMENTS TO OTHER ACTS
Division 1--Amendment of Infringements Act 2006
40 Cancellation of certain infringement notices
5 See: In section 36 of the Infringements Act 2006--
Act No.
12/2006.
Reprint No. 2
(a) in paragraph (d), for "1988." substitute
as at "1988;";
1 July 2008
and (b) after paragraph (d), insert--
amending
Act No.
30/2007.
"(e) section 219A of the EastLink Project
10 LawToday: Act 2004.".
www.
legislation.
vic.gov.au
41 Applications for revocation of enforcement orders
After section 65(3) of the Infringements Act
2006 insert--
"(4) If a person makes more than 2 applications
15 under subsection (1) in respect of the same
enforcement order, the person must obtain
the leave of the Court before filing any third
or subsequent application under
subsection (3).".
20 42 Powers to revoke enforcement orders
Section 66(6) of the Infringements Act 2006 is
repealed.
561324B.I-14/10/2009 30 BILL LA INTRODUCTION 14/10/2009
Justice Legislation Miscellaneous Amendments Bill 2009
Part 6--Amendment to Infringements Act 2006 and Related Amendments to
s. 43
Other Acts
43 Applying for payment order
After section 76(1) of the Infringements Act
2006 insert--
"(1A) A person making an application for a
5 payment order under subsection (1) may also
apply to an infringements registrar for
variation of--
(a) the prescribed costs; or
(b) the prescribed fees on any infringement
10 warrant.".
44 Infringements registrar may make payment order
(1) In section 77(1) of the Infringements Act 2006
after "payment order" insert "and any application
made for variation of the prescribed costs or
15 variation of the prescribed fees on any
infringement warrant".
(2) After section 77(1)(c) of the Infringements Act
2006 insert--
"(ca) make an order varying the prescribed costs
20 or varying the prescribed fees on any
infringement warrant payable under the fine
and adjust the total of the fine accordingly;".
(3) At the foot of section 77(5) of the Infringements
Act 2006 insert--
25 "Note
See also an infringements registrar's power to stay an
infringement warrant under section 94A.".
(4) In section 77(6) of the Infringements Act 2006--
(a) after "payment order" (where first occurring)
30 insert "or an application for the variation of
prescribed costs or prescribed fees on any
infringement warrant";
561324B.I-14/10/2009 31 BILL LA INTRODUCTION 14/10/2009
Justice Legislation Miscellaneous Amendments Bill 2009
Part 6--Amendment to Infringements Act 2006 and Related Amendments to
s. 44
Other Acts
(b) in paragraph (a) after "payment order" insert
"or the order varying the prescribed costs or
prescribed fees".
(5) After section 77(6) of the Infringements Act
5 2006 insert--
"(7) If an infringements registrar has made a
payment order and an infringement warrant
has been issued in respect of the enforcement
order to which the payment order relates
10 before the payment order was made, the
infringements registrar may stay the
infringement warrant under section 94A.
(8) If an infringements registrar makes an order
under section 94A staying an infringement
15 warrant and the fine to which the payment
order relates is subsequently paid in full, the
stay on the infringement warrant ceases and
the warrant expires.
(9) If an infringements registrar makes an order
20 under section 94A staying an infringement
warrant and the person defaults before full
payment of the fine to which the payment
order relates has been paid--
(a) if the default occurs before the end of
25 5 years after the infringement warrant
was first issued, the infringement
warrant remains enforceable until it
becomes null and void under
section 94; or
30 (b) if the default occurs more than 5 years
after the infringement warrant was first
issued, the infringement warrant is null
and void.".
561324B.I-14/10/2009 32 BILL LA INTRODUCTION 14/10/2009
Justice Legislation Miscellaneous Amendments Bill 2009
Part 6--Amendment to Infringements Act 2006 and Related Amendments to
s. 45
Other Acts
45 Consequences of default under a payment order
In section 78(1) of the Infringements Act 2006,
for "If an" substitute "Subject to section 94A, if
an".
5 46 New section 81A inserted
After section 81 of the Infringements Act 2006
insert--
"81A Recall and cancellation of infringement
warrant
10 (1) An infringement warrant issued by an
infringements registrar may be recalled and
cancelled by--
(a) that infringements registrar; or
(b) another registrar from the same venue
15 of the Court at which the infringement
warrant was issued; or
(c) a magistrate.
(2) If an infringement warrant has been recalled
and cancelled under subsection (1), a fresh
20 infringement warrant may be issued for the
same purpose as that for which the recalled
infringement warrant was issued.".
47 Warrant void after 5 years
In section 94 of the Infringements Act 2006, for
25 "An infringement" substitute "Subject to section
94A, an infringement".
561324B.I-14/10/2009 33 BILL LA INTRODUCTION 14/10/2009
Justice Legislation Miscellaneous Amendments Bill 2009
Part 6--Amendment to Infringements Act 2006 and Related Amendments to
s. 48
Other Acts
48 New sections 94A and 94B inserted
After section 94 of the Infringements Act 2006
insert--
"94A Infringements registrar may stay
5 infringement warrant
(1) An infringements registrar may stay an
infringement warrant issued in respect of an
enforcement order in the following
circumstances--
10 (a) if a payment order has been made in
respect of the enforcement order;
(b) if an attachment of earnings order has
been made;
(c) if an attachment of debts order has been
15 made.
(2) An infringement warrant stayed under
subsection (1) remains issued and
enforceable until the stay ceases and, in
accordance with section 94, on cessation of
20 the stay--
(a) if a period of 5 years after the
infringement warrant was first issued
has passed--the infringement warrant
is null and void; or
25 (b) if a period of 5 years after the
infringement warrant was first issued
has not passed--the infringement
warrant remains enforceable.
(3) An infringement warrant issued by an
30 infringements registrar may be stayed under
this section by--
(a) that infringements registrar; or
561324B.I-14/10/2009 34 BILL LA INTRODUCTION 14/10/2009
Justice Legislation Miscellaneous Amendments Bill 2009
Part 6--Amendment to Infringements Act 2006 and Related Amendments to
s. 49
Other Acts
(b) another registrar from the same venue
of the Court at which the infringement
warrant was issued; or
(c) a magistrate.
5 94B Fresh infringement warrant following
expiry
With the leave of the Court--
(a) a fresh infringement warrant may be
issued for the same purpose as that for
10 which an infringement warrant that has
become null and void under section 94
was issued; and
(b) the fine in respect of which the
infringement warrant that is null and
15 void because it has not been executed
within 5 years after it was issued
becomes enforceable or recoverable as
if there had been no expiry.".
49 Direction not to renew driver licence or motor
20 vehicle registration
In section 114(5) of the Infringements Act
2006--
(a) for "a person in default in respect of"
substitute "subject to";
25 (b) after "warrants" (where first occurring)
insert ", whether or not the person has been
served with a seven-day notice in respect of
any of those warrants".
50 Division 1 of Part 10 repealed
30 Division 1 of Part 10 of the Infringements Act
2006 is repealed.
561324B.I-14/10/2009 35 BILL LA INTRODUCTION 14/10/2009
Justice Legislation Miscellaneous Amendments Bill 2009
Part 6--Amendment to Infringements Act 2006 and Related Amendments to
s. 51
Other Acts
51 When can an attachment of earnings order be
made?
After section 123(1) of the Infringements Act
2006 insert--
5 "(1A) An infringements registrar must not make an
attachment of earnings order unless satisfied
that, in respect of one or more infringement
warrants issued against a person, the person
owes a total amount outstanding which is not
10 less than the prescribed amount.".
52 New sections 128A and 128B inserted
After section 128 of the Infringements Act 2006
insert--
"128A Allocation of money under attachment of
15 earnings order
(1) An infringements registrar must allocate
money received under an attachment of
earnings order in order of priority based on
the date of issue of an infringement warrant
20 with the amount outstanding under the oldest
infringement warrant being paid out first.
(2) The order of priority to be applied when
payments under an attachment of earnings
order are allocated applies--
25 (a) to all attachment of earnings orders
managed by an infringements registrar;
and
(b) regardless of the origin of the
infringement notices to which the
30 attachment of earnings order applies.
(3) If a person to whom an attachment of
earnings order is directed overpays the
amount to which the attachment of earnings
order applies by continuing payments after
561324B.I-14/10/2009 36 BILL LA INTRODUCTION 14/10/2009
Justice Legislation Miscellaneous Amendments Bill 2009
Part 6--Amendment to Infringements Act 2006 and Related Amendments to
s. 52
Other Acts
the attachment of earnings order is satisfied,
an infringements registrar may--
(a) refund the amount of the overpayment
to the person in respect of whom the
5 attachment of earnings order was made
and--
(i) the Consolidated Fund is hereby
appropriated accordingly; or
(ii) if the amount had been paid into
10 another fund or account, the
amount is to be refunded from that
fund or account; or
(b) if the person in respect of whom the
attachment of earnings order was made
15 has other outstanding enforcement
orders that were not subject to the
attachment of earnings order, apply the
amount of the overpayment to those
outstanding enforcement orders if the
20 person consents to the amount being so
applied.
128B Infringement warrant stayed if
attachment of earnings order made
(1) If an infringements registrar makes an
25 attachment of earnings order, an
infringement warrant that has been issued
against the person in respect of whom the
attachment of earnings order is made may be
stayed by the infringements registrar in
30 accordance with section 94A.
(2) A stay on an infringement warrant referred to
in subsection (1) ceases on the discharge of
the attachment of earnings order.".
561324B.I-14/10/2009 37 BILL LA INTRODUCTION 14/10/2009
Justice Legislation Miscellaneous Amendments Bill 2009
Part 6--Amendment to Infringements Act 2006 and Related Amendments to
s. 53
Other Acts
53 When can an attachment of debts order be made?
After section 129(1) of the Infringements Act
2006 insert--
"(1A) An infringements registrar must not make an
5 attachment of debts order unless satisfied
that, in respect of one or more infringement
warrants issued against a person, the person
owes a total amount outstanding which is not
less than the prescribed amount.".
10 54 New sections 133A and 133B inserted
After section 133 of the Infringements Act 2006
insert--
"133A Allocation of money under attachment of
debts order
15 (1) An infringements registrar must allocate
money received under an attachment of debts
order in order of priority based on the date of
issue of an infringement warrant with the
amount outstanding under the oldest
20 infringement warrant being paid out first.
(2) The order of priority to be applied when
payments under an attachment of debts order
are allocated applies--
(a) to all attachment of debts orders
25 managed by an infringements registrar;
and
(b) regardless of the origin of the
infringement notices to which the
attachment of debts order applies.
30 (3) If a person to whom an attachment of debts
order is directed overpays the amount to
which the attachment of debts order applies
by continuing payments after the attachment
of debts order is satisfied, an infringements
35 registrar may--
561324B.I-14/10/2009 38 BILL LA INTRODUCTION 14/10/2009
Justice Legislation Miscellaneous Amendments Bill 2009
Part 6--Amendment to Infringements Act 2006 and Related Amendments to
s. 54
Other Acts
(a) refund the amount of the overpayment
to the person in respect of whom the
attachment of debts order was made
and--
5 (i) the Consolidated Fund is hereby
appropriated accordingly; or
(ii) if the amount had been paid into
another fund or account, the
amount is to be refunded from that
10 fund or account; or
(b) if the person in respect of whom the
attachment of debts order was made has
other outstanding enforcement orders
that were not subject to the attachment
15 of debts order, apply the amount of the
overpayment to those outstanding
enforcement orders if the person
consents to the amount being so
applied.
20 133B Infringement warrant may be stayed if
attachment of debts order made
(1) If an infringements registrar makes an
attachment of debts order, an infringement
warrant that has been issued against the
25 person in respect of whom the attachment of
debts order is made may be stayed by an
infringements registrar in accordance with
section 94A.
(2) A stay on an infringement warrant referred to
30 in subsection (1) ceases on the discharge of
the attachment of debts order.".
561324B.I-14/10/2009 39 BILL LA INTRODUCTION 14/10/2009
Justice Legislation Miscellaneous Amendments Bill 2009
Part 6--Amendment to Infringements Act 2006 and Related Amendments to
s. 55
Other Acts
55 Section 134 substituted
For section 134 of the Infringements Act 2006
substitute--
"134 Application of Part
5 This Part applies if enforcement action
pursuant to an infringement warrant or under
Part 8--
(a) has been unsuccessful or unsatisfactory;
or
10 (b) is not possible; or
(c) is not appropriate.".
56 Term of imprisonment in default of payment of
outstanding fines
(1) For section 161A(1) of the Infringements Act
15 2006 substitute--
"(1) A person who has one or more infringement
warrants issued against him or her and who
is in custody may request, in writing, the
sheriff to apply to the court for an order for
20 that person to serve a period of imprisonment
in default of payment of the outstanding
fines under any one or more infringement
warrants.
(1A) On application under subsection (1), the
25 Court may order that the person be
imprisoned for a period of one day in respect
of each penalty unit, or part of a penalty unit,
of the amount of the penalty units to which
the outstanding fines under the infringement
30 warrant or warrants is an equivalent amount.
561324B.I-14/10/2009 40 BILL LA INTRODUCTION 14/10/2009
Justice Legislation Miscellaneous Amendments Bill 2009
Part 6--Amendment to Infringements Act 2006 and Related Amendments to
s. 57
Other Acts
(1B) If the Court makes an order under subsection
(1A), the Court may count the time served by
the person from the date the person requested
the sheriff to make an application under
5 subsection (1) as time already served for the
purposes of the term of imprisonment
imposed under subsection (1A).".
(2) In sections 161(2), (3) and (4), of the
Infringements Act 2006, for "(1)" (wherever
10 occurring) substitute "(1A)".
57 Service of documents
(1) In section 162(1) of the Infringements Act 2006,
after paragraph (b) insert--
"(ba) by registered post; or".
15 (2) For section 162(2)(c) of the Infringements Act
2006 substitute--
"(c) subject to subsection (2A), an attachment of
earnings order; or
(ca) an attachment of debts order; or".
20 (3) After section 162(2) of the Infringements Act
2006 insert--
"(2A) An attachment of earnings order must be
served on the person to whom the order is
directed--
25 (a) personally; or
(b) by registered post.".
561324B.I-14/10/2009 41 BILL LA INTRODUCTION 14/10/2009
Justice Legislation Miscellaneous Amendments Bill 2009
Part 6--Amendment to Infringements Act 2006 and Related Amendments to
s. 58
Other Acts
Division 2--Amendment of Sentencing Act 1991
58 New section 16A inserted
See: After section 16 of the Sentencing Act 1991
Act No.
49/1991. insert--
Reprint No. 11
5 as at "16A Person may consent to imprisonment in
15 January
2009 respect of unpaid fines
and
amending (1) A person who has one or more warrants
Act Nos issued against him or her under section 62
46/2008,
7/2009 and and who is already in custody serving an
10 22/2009. uncompleted sentence of imprisonment may
LawToday:
www. request, in writing, the sheriff to apply to the
legislation. court for an order for that person to serve a
vic.gov.au
period of imprisonment in default of
payment of the outstanding fine or any
15 instalment under an instalment order under
any one or more warrants.
(2) The Court may order that the person be
imprisoned in accordance with section 16(2)
for a term calculated in accordance with
20 section 63.
(3) If the Court makes an order under subsection
(2), the Court may count the time served by
the person from the date the person requested
the sheriff to make an application under
25 subsection (1) as time already served for the
purposes of the term of imprisonment
imposed on the person under subsection (2).
(4) A court may make an order under subsection
(2) whether or not the person is brought
30 before the court.".
561324B.I-14/10/2009 42 BILL LA INTRODUCTION 14/10/2009
Justice Legislation Miscellaneous Amendments Bill 2009
Part 6--Amendment to Infringements Act 2006 and Related Amendments to
s. 59
Other Acts
Division 3--Other consequential amendments
59 Amendment of EastLink Project Act 2004
In section 219A(6)(c) of the EastLink Project
Act 2004, after "2006" insert ", or if the person is
5 a child, elects to have the matter heard and
determined in the Children's Court".
60 Amendment of Magistrates' Court Act 1989 See:
Act No.
51/1989.
(1) In section 3(1) of the Magistrates' Court Act Reprint No. 14
1989, in the definition of process, for "penalty as at
21 August
10 enforcement warrant," substitute "infringement 2008
warrant,". and
amending
(2) In section 38(1)(d) of the Magistrates' Court Act Act Nos
51/2006,
1989, for "section 158" substitute "section 156". 12/2008,
34/2008,
(3) In section 60 of the Magistrates' Court Act 38/2008,
15 1989, for "a penalty enforcement warrant" 52/2008,
68/2008,
(wherever occurring) substitute "an infringement 72/2008,
warrant". 74/2008,
76/2008,
78/2008,
83/2008,
4/2009, 7/2009,
9/2009,
13/2009,
25/2009,
30/2009 and
50/2009.
LawToday:
www.
legislation.
vic.gov.au
61 Repeal of section 40G of Water Efficiency Labelling See:
Act No.
and Standards Act 2005 5/2005
and
20 Section 40G of the Water Efficiency Labelling amending
Act No.
and Standards Act 2005 is repealed. 32/2006.
LawToday:
www.
legislation.
vic.gov.au
__________________
561324B.I-14/10/2009 43 BILL LA INTRODUCTION 14/10/2009
Justice Legislation Miscellaneous Amendments Bill 2009
Part 7--Repeal of Amending Act
s. 62
PART 7--REPEAL OF AMENDING ACT
62 Repeal of Amending Act
This Act is repealed on 1 November 2011.
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).
561324B.I-14/10/2009 44 BILL LA INTRODUCTION 14/10/2009
Justice Legislation Miscellaneous Amendments Bill 2009
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561324B.I-14/10/2009 45 BILL LA INTRODUCTION 14/10/2009
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