POLICE REGULATION AND FIREARMS (AMENDMENT) BILL 1999

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POLICE REGULATION AND FIREARMS (AMENDMENT) BILL 1999

PARLIAMENT OF VICTORIA Police Regulation and Firearms (Amendment) Act 1999 Act No. TABLE OF PROVISIONS Clause Page PART 1--PRELIMINARY 1 1. Purpose 1 2. Commencement 1 PART 2--POLICE REGULATION ACT 1958 3 3. Principal Act 3 4. Definitions 3 5. Appointment of Deputy and Assistant Commissioners and Acting Deputy Commissioners 3 6. New section 4AB inserted 4 4AB. Appointment of Acting Chief Commissioner 4 7. Additional function for Police Board 5 8. New section 4D substituted 5 4D. Membership of Police Board 5 9. Delegation by Police Board 5 10. Powers of Deputy Commissioners and delegations 6 11. Appointments, promotions and transfers 6 12. Oath of office and execution of process 6 13. New Division 1 of Part 4 inserted 7 Division 1--Dismissal of Unsuitable Members 7 68. Chief Commissioner may dismiss unsuitable members 7 68A. Suspension pending decision 9 68B. Application for review of dismissal order 10 68C. Procedure on review 10 68D. What may the Police Board order? 11 68E. Evidence 13 68F. Witnesses 14 68G. Representation and costs 15 68H. Contempt of Police Board 16 68I. Protection of review participants 16 14. Disciplinary matters 17 i 532170B.A1-14/5/99

Clause Page 15. New section 86AAA inserted 18 86AAA. Forfeiture of salary by suspended member 18 16. Annual report of Chief Commissioner 19 17. Complaints and investigations 19 18. Amendment of section 86L 19 19. Further changes to Part 4A 20 20. New section 86V inserted 20 86V. Prohibition of victimisation 20 21. Reviews of non-promotions 21 22. Amendment of Part 5A headings 22 23. New section 95 substituted 22 95. Bribery and corruption 22 24. Penalty for not delivering accoutrements 23 25. New Division 3 of Part 5A inserted 23 Division 3--Search and seizure 23 99. What is a relevant offence? 23 100. Entry, search and seizure 24 100A. Search warrant 26 100B. Announcement before entry 27 100C. Details of warrant to be given to occupier 28 100D. Seizure of things not mentioned in the warrant 28 100E. Copies of seized documents 28 100F. Retention and return of seized things 29 100G. Magistrates' Court may extend 6 month period 30 100H. Things seized may be used in connection with investigations into conduct 30 26. New Division heading inserted 30 27. New clause 4 of Schedule 1A substituted 31 28. Further amendment of Schedule 1A 31 29. Statute law revision 32 PART 3--FIREARMS ACT 1996 33 30. Definition of "prohibited person" 33 31. New section 186A inserted 33 186A. Interstate temporary visitor permits 33 32. Statute law revision 33 NOTES 35 ii 532170B.A1-14/5/99

PARLIAMENT OF VICTORIA Initiated in Assembly 21 April 1999 As amended by Assembly 13 May 1999 A BILL to amend the Police Regulation Act 1958 and the Firearms Act 1996 and for other purposes. Police Regulation and Firearms (Amendment) Act 1999 The Parliament of Victoria enacts as follows: PART 1--PRELIMINARY 1. Purpose The purpose of this Act is to amend the Police Regulation Act 1958 and the Firearms Act 1996. 5 2. Commencement (1) This Part comes into operation on the day on which this Act receives the Royal Assent. 1 532170B.A1-14/5/99

Police Regulation and Firearms (Amendment) Act 1999 s. 2 Act No. (2) Subject to sub-section (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed. (3) If a provision referred to in sub-section (2) does 5 not come into operation before 1 June 2000, it comes into operation on that day. _______________ 2 532170B.A1-14/5/99

Police Regulation and Firearms (Amendment) Act 1999 s. 3 Act No. PART 2--POLICE REGULATION ACT 1958 No. 6338. 3. Principal Act Reprint No. 8 In this Part, the Police Regulation Act 1958 is as at 15 October called the Principal Act. 1998. 5 4. Definitions In section 3(1) of the Principal Act, before the definition of "ESS Board" insert-- ' "appointed member" of the Police Board, means a member of the Police Board other 10 than the Chief Commissioner;'. 5. Appointment of Deputy and Assistant Commissioners and Acting Deputy Commissioners (1) In section 4 of the Principal Act the proviso to sub-section (2) is repealed. 15 (2) In section 4 of the Principal Act for sub-sections (3) and (3A) substitute-- "(3) If-- (a) there is a vacancy in the office of a Deputy Commissioner; or 20 (b) a Deputy Commissioner is suspended, sick or absent from office; or (c) a Deputy Commissioner has been appointed as Acting Chief Commissioner-- 25 a member of the force may be appointed as an Acting Deputy Commissioner in accordance with sub-section (3A). (3A) The appointment of an Acting Deputy Commissioner may be made by the Chief 30 Commissioner, for a period not exceeding 3 532170B.A1-14/5/99

Police Regulation and Firearms (Amendment) Act 1999 s. 6 Act No. 4 weeks, or by the Governor in Council, for a period not exceeding 12 months. (3B) The Governor in Council may, at any time, revoke the appointment of a member of the 5 force as an Acting Deputy Commissioner (including an appointment made by the Chief Commissioner). (3C) A person appointed as an Acting Deputy Commissioner is eligible for re-appointment, 10 but a person appointed as an Acting Deputy Commissioner by the Chief Commissioner may only be re-appointed by the Governor in Council.". 6. New section 4AB inserted 15 After section 4AA of the Principal Act insert-- "4AB. Appointment of Acting Chief Commissioner (1) The Governor in Council may appoint a member of the force as Acting Chief Commissioner-- 20 (a) while the office of Chief Commissioner is vacant; or (b) during any period when the Chief Commissioner is suspended, sick or absent from office. 25 (2) An Acting Chief Commissioner while so acting has all the responsibilities, powers, authorities and duties and may perform all the functions of the Chief Commissioner. (3) A person appointed as Acting Chief 30 Commissioner is eligible for re-appointment. (4) The Governor in Council may, at any time, revoke the appointment of a member of the force as Acting Chief Commissioner.". 4 532170B.A1-14/5/99

Police Regulation and Firearms (Amendment) Act 1999 s. 7 9 Act No. 7. Additional function for Police Board After section 4B(1)(b) of the Principal Act insert-- "(ba) to conduct reviews under Division 1 of 5 Part IV; and". 8. New section 4D substituted For section 4D of the Principal Act substitute-- "4D. Membership of Police Board (1) For the purposes of performing its functions 10 other than those under Division 1 of Part IV, the Police Board is to be constituted by-- (a) 3 persons appointed by the Governor in Council, of whom 1 is to be appointed as chairperson; and 15 (b) the Chief Commissioner. (2) For the purpose only of performing its functions under Division 1 of Part IV, the Police Board is to be constituted by-- (a) the persons referred to in sub-section 20 (1)(a); and (b) a legal practitioner (within the meaning of the Legal Practice Act 1996) of at least 5 years' standing appointed by the Governor in Council. 25 (3) An appointed member holds office for the term, not exceeding 5 years, specified in his or her instrument of appointment and is eligible for re-appointment. (4) Schedule 1A applies to the Board.". 30 9. Delegation by Police Board 5 532170B.A1-14/5/99

Police Regulation and Firearms (Amendment) Act 1999 s. 12 Act No. In section 4F of the Principal Act, after "power of delegation" insert "or any functions under Division 1 of Part IV". 10. Powers of Deputy Commissioners and delegations 5 (1) After section 6(1) of the Principal Act insert-- "(1A) Sub-section (1) does not apply to the Chief Commissioner's power to dismiss a member of the force under section 68 or suspend a member under section 68A.". 10 (2) In section 6(2) of the Principal Act after "of an Assistant Commissioner" insert ", of an Acting Chief Commissioner". (3) In section 6A(1) of the Principal Act after "power of delegation" insert "or the power to dismiss a 15 member of the force under section 68 or suspend a member under section 68A". 11. Appointments, promotions and transfers (1) In section 8 of the Principal Act sub-section (3) is repealed. 20 (2) After section 8AA(2A) of the Principal Act insert-- "(2B) No appeal may be had in relation to the promotion of a constable who holds a position to the rank of senior constable in the 25 same position.". (3) After section 8AB(1A) of the Principal Act insert-- "(1B) This section does not apply to a promotion of a constable who holds a position to the rank 30 of senior constable in the same position.". 12. Oath of office and execution of process 6 532170B.A1-14/5/99

Police Regulation and Firearms (Amendment) Act 1999 Act No. In the Principal Act-- (a) in section 13(2) omit "who before administering such oath shall inquire of the person appearing before him to take the 5 same if he is fully aware of the provisions of this Act,"; (b) in sections 19 and 20 omit "of or below the rank of senior sergeant" (wherever occurring). 10 13. New Division 1 of Part 4 inserted After the heading to Part IV of the Principal Act insert-- 'Division 1--Dismissal of Unsuitable Members 68. Chief Commissioner may dismiss 15 unsuitable members (1) The Chief Commissioner, by written order, may dismiss a member of the force (other than a Deputy Commissioner or an Assistant Commissioner) if the Chief Commissioner is 20 satisfied that the member is unsuitable to continue as a member of the force, having regard to-- (a) the member's integrity; and (b) the potential loss of community 25 confidence in the force were the member to continue as a member of the force. (2) Before dismissing a member under this section, the Chief Commissioner-- 30 (a) must give the member a notice setting out the grounds on which the Chief Commissioner considers the member is 7 532170B.A1-14/5/99

Police Regulation and Firearms (Amendment) Act 1999 s. 13 Act No. unsuitable to continue as a member of the force; and (b) must give the member at least 21 days in which to make written submissions 5 in relation to the proposed dismissal; and (c) must take into account any submissions made by the member during that period. 10 (3) The order must set out the reasons why the Chief Commissioner is satisfied that the member is unsuitable to continue as a member of the force. (4) The dismissal takes effect when the order is 15 made. (5) The Chief Commissioner must give written notice of the order to the member as soon as practicable after it is made. (6) A notice under sub-section (2)(a) or (5) may 20 be given to a member-- (a) in person; or (b) by sending it by post, facsimile or other electronic means to the member at his or her usual or last known residential 25 address; or (c) by leaving it at the member's usual or last known residential address with a person on the premises apparently at least 16 years old and apparently 30 residing there. (7) A notice under sub-section (2)(a) or (5) is to be taken to have been given to a member-- (a) in the case of delivery in person--at the time of delivery; 8 532170B.A1-14/5/99

Police Regulation and Firearms (Amendment) Act 1999 s. 13 Act No. (b) in the case of posting--2 business days after the day on which the document was posted; (c) in the case of facsimile or other 5 electronic transmission--at the time the transmission is received. (8) If a facsimile or other electronic transmission is received after 4.00 p.m. on any day, it is to be taken to have been received on the next 10 business day. (9) In this section-- "business day" means a day other than-- (a) a Saturday or Sunday; or (b) a public holiday or public half- 15 holiday in the place to where the notice is sent or delivered. 68A. Suspension pending decision (1) If the Chief Commissioner gives a member of the force a notice under section 68(2)(a), 20 the Chief Commissioner may suspend the member with pay pending the making of an order under section 68(1). (2) A suspension under sub-section (1) lasts until the earliest of-- 25 (a) the making of an order under section 68(1) dismissing the member; and (b) the lifting of the suspension by the Chief Commissioner; and (c) the expiration of the period of 60 days 30 after the giving of the notice under section 68(2)(a). (3) The Chief Commissioner may apply to the chairperson of the Police Board for an 9 532170B.A1-14/5/99

Police Regulation and Firearms (Amendment) Act 1999 s. 13 Act No. extension of the time specified in sub-section (2)(c). (4) The chairperson may give the extension if he or she reasonably believes it is necessary for 5 the proper consideration of the matter by the Chief Commissioner. (5) An extension may be given more than once. 68B. Application for review of dismissal order (1) A member of the force who is dismissed 10 from the force by an order under section 68(1) may apply to the Police Board for a review of the Chief Commissioner's decision to make the order on the ground that the decision was not sound, defensible or well- 15 founded. (2) An application for review must be made within 14 days after the member is notified of the making of the order to which the application relates. 20 (3) An application for review does not stay the operation of the order to which it relates. 68C. Procedure on review (1) In conducting a review, the Police Board must proceed as follows-- 25 (a) first, it must consider the Chief Commissioner's reasons for the decision to dismiss the applicant from the force; (b) secondly, it must consider the case 30 presented by the applicant as to why the decision was not sound, defensible or well-founded; 10 532170B.A1-14/5/99

Police Regulation and Firearms (Amendment) Act 1999 s. 13 Act No. (c) thirdly, it must consider the case presented by the Chief Commissioner in answer to the applicant's case. (2) In conducting a review-- 5 (a) the Board must proceed with as little formality and technicality, and as much speed, as a proper consideration of the matters relevant to the review permits; and 10 (b) the Board is bound by the rules of natural justice. (3) The applicant has at all times the burden of establishing that the decision to dismiss the applicant from the force was not sound, 15 defensible or well-founded. (4) Without limiting the matters to which the Board is otherwise required or permitted to have regard in making its decision, the Board must have regard to-- 20 (a) the public interest (which is taken to include the interest of maintaining the integrity of, and community confidence in, the force and the fact that the Chief Commissioner made an order under 25 section 68(1)); and (b) the interests of the applicant. 68D. What may the Police Board order? (1) If the Police Board is satisfied that the decision to dismiss the applicant from the 30 force was not sound, defensible or well-founded, the Board may-- (a) order the Chief Commissioner to re-instate the applicant as a member of the force on terms not less favourable 11 532170B.A1-14/5/99

Police Regulation and Firearms (Amendment) Act 1999 s. 13 Act No. to the applicant than those that would have been applicable if he or she had not been dismissed; or (b) if the Board considers that it would be 5 impracticable to re-instate the applicant, order the Chief Commissioner to pay to the applicant an amount of compensation not exceeding the amount of remuneration 10 of the applicant during the period of 12 months immediately before being dismissed; or (c) refer the matter back to the Chief Commissioner for re-consideration in 15 accordance with any directions or recommendations that the Board considers appropriate. (2) If the Board makes an order under sub-section (1)(a), it may also-- 20 (a) order the Chief Commissioner to pay the applicant an amount stated in the order that does not exceed the amount that the applicant would, but for being dismissed, have received before being 25 re-instated; and (b) order that the period of service of the applicant as a member of the force is taken not to have been broken by the dismissal. 30 (3) If the applicant was on leave without full pay during any part of the period of 12 months immediately before being dismissed, the maximum amount of compensation that may be ordered under sub-section (1)(b) to be 35 paid is to be determined as if the applicant had received full pay while on leave. 12 532170B.A1-14/5/99

Police Regulation and Firearms (Amendment) Act 1999 s. 13 Act No. (4) When assessing any compensation payable, the Board must take into account-- (a) whether the applicant made a reasonable attempt to find alternative 5 employment; and (b) the remuneration received in any alternative employment or that would have been payable if the applicant had succeeded in obtaining alternative 10 employment. (5) If the Board is not satisfied that the decision to dismiss the applicant from the force was not sound, defensible or well-founded, the Board must confirm the order of the Chief 15 Commissioner. 68E. Evidence (1) The Police Board is not bound by the rules of evidence or any practices or procedures applicable to courts of record and, subject to 20 this section, may inform itself on any matter as it sees fit. (2) The Board may require evidence to be given on oath and, for that purpose, a member of the Board may administer an oath or cause 25 an oath to be administered. (3) Subject to sub-section (4), evidence is not to be adduced before the Board unless-- (a) notice of intention to do so, and of the substance of the evidence, has been 30 given to the Board before the commencement of the hearing of the review; and (b) the Board gives leave. 13 532170B.A1-14/5/99

Police Regulation and Firearms (Amendment) Act 1999 s. 13 Act No. (4) Sub-section (3) does not apply to the following-- (a) the Chief Commissioner's order; (b) the notice given under section 68(2)(a); 5 (c) any information before the Chief Commissioner at the time of making the order, including any submissions made under section 68(2)(c). (5) The Board-- 10 (a) may give leave under sub-section (3)(b) in such circumstances as it thinks fit and having regard to the nature of the review; and (b) without limiting paragraph (a), must 15 give leave under sub-section (3)(b) if it is satisfied-- (i) that there is a real probability that the applicant may be able to show that the Chief Commissioner has 20 acted on wrong or mistaken information; or (ii) that there is cogent evidence to suggest that the information before the Chief Commissioner 25 was unreliable, having been placed before the Chief Commissioner maliciously, fraudulently or vexatiously; or (iii) that the evidence sought to be 30 adduced might materially have affected the Chief Commissioner's decision. 68F. Witnesses 14 532170B.A1-14/5/99

Police Regulation and Firearms (Amendment) Act 1999 s. 13 Act No. (1) None of the following is a compellable witness in a review unless the Board gives leave-- (a) the Chief Commissioner; 5 (b) a member of the force; (c) a person employed in the office of the Chief Commissioner. (2) The Board may give leave only if it considers that extraordinary grounds exist 10 that warrant leave being given. (3) Subject to sub-section (1) and section 68E, the chairperson of the Board may issue a summons to a person to attend the Board to give evidence and produce any documents 15 that are referred to in the summons. (4) A person who has been properly served with a summons to attend must not, without reasonable excuse, fail to-- (a) attend as required by the summons until 20 he or she has been excused or released from attendance by the Board; or (b) produce any document referred to in the summons that is in his or her possession. 25 Penalty: Imprisonment for 1 month or 10 penalty units or both. 68G. Representation and costs (1) In a review, the Chief Commissioner and the applicant may appear personally or be 30 represented by a legal practitioner or, with the leave of the Board, by any other person. (2) Subject to sub-section (3), each party is to bear their own costs of the review. 15 532170B.A1-14/5/99

Police Regulation and Firearms (Amendment) Act 1999 s. 13 Act No. (3) The Board may order that a party pay all or a specified part of the other party's costs of a review if satisfied that the first party has conducted themselves in the review in a way 5 that unnecessarily disadvantaged the other party. (4) An order for costs may be enforced as a debt in a court of competent jurisdiction. 68H. Contempt of Police Board 10 A person must not-- (a) insult a member of the Police Board while that member is performing functions as member under this Division; or 15 (b) insult, harass, intimidate, obstruct or hinder a person attending a hearing of the Board in a review; or (c) misbehave at a hearing of the Board in a review; or 20 (d) do any other act in relation to a review that would, if the Board were the Supreme Court, constitute contempt of that Court. Penalty: Imprisonment for 3 months or 25 30 penalty units or both. 68I. Protection of review participants (1) A member of the Police Board has, in the performance of his or her functions as member in a review, the same protection and 30 immunity as a judge of the Supreme Court has in the performance of his or her duties as judge. (2) A person representing a party in a review has the same protection and immunity as a legal 16 532170B.A1-14/5/99

Police Regulation and Firearms (Amendment) Act 1999 s. 14 Act No. practitioner has in representing a party in proceedings in the Supreme Court. (3) A party to a review has the same protection and immunity as a party to proceedings in 5 the Supreme Court. (4) A person appearing as a witness in a review has the same protection and immunity as a witness has in proceedings in the Supreme Court.'. 10 14. Disciplinary matters (1) In the Principal Act-- (a) in section 70(2)-- (i) for "Upon beginning an investigation" substitute "At any time during an 15 investigation"; (ii) in paragraph (b) omit "under this Act"; (b) in section 71-- (i) sub-section (2) is repealed; (ii) in sub-section (3)(b) omit "under this 20 Act"; (c) in section 76(1)(b) after "12 months" insert "or on any other condition specified in the determination"; (d) after section 76(1)(c) insert-- 25 "(ca) to impose a period, not exceeding 2 years, during which the member will not be eligible for promotion or transfer to other duties; or"; (e) in section 77(2) after "the member" insert 30 "or from any other amount payable to the member by the State"; (f) in section 79-- 17 532170B.A1-14/5/99

Police Regulation and Firearms (Amendment) Act 1999 s. 15 Act No. (i) in sub-section (1) after "and may" substitute ", at any time during that investigation"; (ii) in sub-sections (1)(b) and (2)(b) omit 5 "under this Act"; (g) in section 80(1)(b) after "12 months" insert "or on any other condition specified in the determination"; (h) after section 80(1)(c) insert-- 10 "(ca) to impose a period, not exceeding 2 years, during which the member will not be eligible for promotion or transfer to other duties; or". (2) After section 80(4) of the Principal Act insert-- 15 "(5) A fine imposed under this section may be recovered in the Magistrates' Court as a civil debt or by deducting the amount from the pay of the member or from any other amount payable to the member by the State.". 20 (3) In section 86 of the Principal Act-- (a) at the foot of sub-section (2) insert-- "Penalty: 50 penalty units."; (b) sub-sections (3), (4) and (5) are repealed. 15. New section 86AAA inserted 25 After section 86 of the Principal Act insert-- "86AAA. Forfeiture of salary by suspended member (1) If-- (a) a charge is proven against a member of the force under Division 2; or 18 532170B.A1-14/5/99

Police Regulation and Firearms (Amendment) Act 1999 s. 16 18 Act No. (b) a member of the force has been charged with an offence referred to in section 80 and the offence has been found proven; or 5 (c) a member resigns from the force before any charge under Division 2 or any criminal charge referred to in section 80 is finalised-- and the member has been suspended, the 10 member forfeits all salary that accrued to him or her during the member's suspension and must repay any salary that has been paid to him or her during the suspension. (2) Any salary not repaid under sub-section (1) 15 may be recovered by the Chief Commissioner, as a debt due to the State, in a court of competent jurisdiction. (3) The Chief Commissioner may, on application to him or her in writing, 20 determine that sub-section (1) does not apply to a member of the force.". 16. Annual report of Chief Commissioner In section 86AB(1) of the Principal Act after "Police Review Commission" insert "or the 25 Police Board". 17. Complaints and investigations (1) In the penalty provision at the foot of section 86K(1) of the Principal Act for "$1000" substitute "10 penalty units". 30 (2) For the heading to Division 2 of Part IVA of the Principal Act substitute-- "Division 2--Complaints and Investigations". 18. Amendment of section 86L 19 532170B.A1-14/5/99

Police Regulation and Firearms (Amendment) Act 1999 Act No. (1) In section 86L of the Principal Act for sub-section (2A) substitute-- "(2A) A member of the force must make a complaint to a member of the force of a more 5 senior rank to that member, or to the Deputy Ombudsman, about the conduct of another member of the force if he or she has reason to believe that the other member is guilty of serious misconduct.". 10 (2) In the penalty provision at the foot of section 86L(6) of the Principal Act for "$1000" substitute "10 penalty units". 19. Further changes to Part 4A In section 86Q(3) of the Principal Act after 15 "direction" (where first occurring) insert ", or review proceedings under Division 1 of Part IV". 20. New section 86V inserted After section 86U of the Principal Act insert-- '86V. Prohibition of victimisation 20 (1) A person must not take detrimental action, or cause, incite or permit detrimental action to be taken, against a member of the force-- (a) because the member has made a complaint under section 86L about the 25 conduct of any member of the force; or (b) because the member has given information or evidence to the Chief Commissioner or Deputy Ombudsman in the course of an investigation under 30 section 86O or 86P; or (c) because the person believes that the member has made, or intends to make, a complaint referred to in paragraph (a) or has given, or intends to give, 20 532170B.A1-14/5/99

Police Regulation and Firearms (Amendment) Act 1999 s. 20 21 Act No. information or evidence referred to in paragraph (b). Penalty: 120 penalty units or imprisonment for 12 months or both. 5 (2) In determining whether a person takes detrimental action against a member of the force it is irrelevant-- (a) whether or not a factor in sub- section (1) is the only or dominant 10 reason for the action; (b) whether the person acts alone or in association with any other person. (3) It is a defence to a prosecution under sub- section (1) that the complaint was made 15 frivolously, vexatiously or in bad faith. (4) In this section-- "detrimental action" means action causing, comprising or involving any of the following-- 20 (a) injury, damage or loss; (b) intimidation or harassment; (c) ostracism; (d) discrimination, disadvantage or adverse treatment in relation to 25 employment; (e) dismissal from, or prejudice in, employment; (f) disciplinary proceedings; "member of the force" includes an 30 employee in the office of the Chief Commissioner.'. 21. Reviews of non-promotions 21 532170B.A1-14/5/99

Police Regulation and Firearms (Amendment) Act 1999 s. 23 Act No. (1) In section 91F(1)(e) of the Principal Act-- (a) for "section 76(1)(d)(e)(f)" substitute "section 76(1)(ca), (d), (e), (f)"; (b) for "section 80(1)(a)(ii) or (iii) (d)" 5 substitute "section 80(1)(a)(ii) or (iii), (ca), (d)". (2) After section 91F(1)(f) of the Principal Act insert-- "; or 10 (g) not to promote a constable who holds a position to the rank of senior constable in the same position.". 22. Amendment of Part 5A headings In the Principal Act-- 15 (a) for the heading to Part VA substitute-- "PART VA--ENFORCEMENT"; (b) after the heading to Part VA insert-- "Division 1--Reinstatement"; (c) after section 92 insert-- 20 "Division 2--Offences". 23. New section 95 substituted For section 95 of the Principal Act substitute-- "95. Bribery and corruption (1) A member of the force must not-- 25 (a) take or solicit any bribe, pecuniary or otherwise; or 22 532170B.A1-14/5/99

Police Regulation and Firearms (Amendment) Act 1999 s. 25 Act No. (b) take or solicit any payment from, or make any collusive agreement with, another person to neglect the member's duty, to take advantage of the member's 5 position or to act in such a manner as to bring discredit to the force. Penalty: 100 penalty units. (2) Proceedings for an offence against sub- section (1) may be commenced within the 10 period of 3 years after the commission of the alleged offence.". 24. Penalty for not delivering accoutrements In section 96 of the Principal Act-- (a) in sub-section (1) omit "and a search warrant 15 may be issued, subject to this section, under the Magistrates' Court Act 1989 to search for all and every the arms ammunition accoutrements horses saddles bridles clothing and other appointments and things 20 whatsoever which are not so delivered over wherever the same are found"; (b) sub-sections (2) and (3) are repealed. 25. New Division 3 of Part 5A inserted After section 98 of the Principal Act insert-- 25 'Division 3--Search and seizure 99. What is a relevant offence? In this Division-- 23 532170B.A1-14/5/99

Police Regulation and Firearms (Amendment) Act 1999 Act No. "relevant offence" means an offence against any of the following-- (a) section 86(2); (b) Division 2 of this Part; 5 (c) section 127A. 100. Entry, search and seizure (1) A member of the force may enter any place, and may search for and seize anything that the member believes on reasonable grounds 10 may be evidence of the commission of a relevant offence that is found at that place if the entry, search and seizure are made-- (a) with the consent of the occupier of the place; or 15 (b) in accordance with a warrant issued under section 100A; or (c) as provided by section 100D. (2) The power conferred by this section to seize a thing includes the power-- 20 (a) to remove the thing from the place where it was found; and (b) to guard the thing at that place; and (c) to make copies of the whole or any part of the thing. 25 (3) A member of the force must not enter and search any place with the consent of the occupier unless, before the occupier consents to that entry, the member has informed the occupier-- 30 (a) of the purpose of the search; and (b) that the occupier may refuse to give consent to the entry and search or to the 24 532170B.A1-14/5/99

Police Regulation and Firearms (Amendment) Act 1999 s. 25 Act No. seizure of anything found during the search; and (c) that the occupier may refuse to consent to the making of copies of the whole or 5 any part of anything found during the search; and (d) that anything seized during the search may be used in evidence in proceedings. 10 (4) If an occupier consents to an entry and search, the member of the force who requested consent must before entering the place ask the occupier to sign an acknowledgment in the prescribed form 15 stating-- (a) that the occupier has been informed of the purpose of the search and that anything seized during the search may be used in evidence in proceedings; and 20 (b) that the occupier has been informed that he or she may refuse to give consent to the entry and search; and (c) that the occupier has given consent; and (d) the date and time that the occupier 25 consented. (5) If an occupier consents to the seizure of any thing during a search under this section, the member of the force must before seizing the thing ask the occupier to sign an 30 acknowledgment stating-- (a) that the occupier has consented to the seizure; and (b) the date and time that the occupier consented. 25 532170B.A1-14/5/99

Police Regulation and Firearms (Amendment) Act 1999 s. 25 Act No. (6) An occupier who signs an acknowledgment must be given a copy of the signed acknowledgment before the member of the force leaves the place. 5 (7) If, in any proceeding, an acknowledgment signed by the occupier is not produced to the court, it must be presumed, until the contrary is proved, that the occupier did not consent to the entry and search or to the seizure of 10 the thing. 100A. Search warrant (1) A member of the force may apply to a magistrate for the issue of a search warrant in relation to a particular place if the member 15 believes on reasonable grounds that there is, or may be within the next 72 hours, at that place a thing, or things of a particular kind, that may be evidence of the commission of a relevant offence. 20 (2) If a magistrate is satisfied by the evidence on oath, whether oral or by affidavit, of a member of the force that there are reasonable grounds to believe that there is, or may be within the next 72 hours, at a place a thing, 25 or things of a particular kind, that may be evidence of the commission of a relevant offence, the magistrate may issue a search warrant, in accordance with the Magistrates' Court Act 1989, authorising a member of 30 the force named in the warrant-- (a) to enter the place specified in the warrant, if necessary by force; and (b) to search for and seize a thing, or things of a particular kind, named or described 35 in the warrant and which the member believes on reasonable grounds to be 26 532170B.A1-14/5/99

Police Regulation and Firearms (Amendment) Act 1999 s. 25 Act No. evidence of the commission of a relevant offence. (3) A search warrant issued under this section must state-- 5 (a) the purpose for which the search is required and the nature of the alleged offence; and (b) any condition to which the warrant is subject; and 10 (c) whether entry is authorised to be made at any time of the day or night or during stated hours of the day or night; and (d) a day, not later than 28 days after the issue of the warrant, on which the 15 warrant ceases to have effect. (4) Except as provided by this Act, the rules to be observed with respect to search warrants under the Magistrates' Court Act 1989 extend and apply to warrants under this 20 section. 100B. Announcement before entry (1) On executing a search warrant, the member executing the warrant-- (a) must announce that he or she is 25 authorised by the warrant to enter the place; and (b) if the member has been unable to obtain unforced entry, must give any person at the place an opportunity to allow entry 30 to the place. (2) A member need not comply with sub-section (1) if he or she believes on reasonable grounds that immediate entry to the place is required to ensure-- 27 532170B.A1-14/5/99

Police Regulation and Firearms (Amendment) Act 1999 s. 25 Act No. (a) the safety of any person; or (b) that the effective execution of the search warrant is not frustrated. 100C. Details of warrant to be given to occupier 5 If the occupier or another person who apparently represents the occupier is present at a place when a search warrant is being executed, the member executing the warrant must-- 10 (a) identify himself or herself to that person; and (b) give the person a copy of the warrant. 100D. Seizure of things not mentioned in the warrant 15 A member of the force executing a search warrant may seize a thing not named or described, or not of a kind named or described, in the warrant if-- (a) the member believes on reasonable 20 grounds that the thing-- (i) is of a kind that could have been included in a search warrant issued under this Division; or (ii) will afford evidence of the 25 commission of any relevant offence; and (b) the member believes on reasonable grounds that it is necessary to seize the thing in order to prevent its 30 concealment, loss or destruction, or its use in committing, continuing or repeating an offence. 100E. Copies of seized documents 28 532170B.A1-14/5/99

Police Regulation and Firearms (Amendment) Act 1999 s. 25 Act No. (1) If a member of the force retains possession of a document seized from a person under this Division (other than a document that is the property of the State), the member must 5 give the person, within a reasonable time, a copy of the document certified as a true copy by the member. (2) A copy of a document certified under sub- section (1) shall be received in all courts and 10 tribunals to be evidence of equal validity to the original. 100F. Retention and return of seized things (1) If a member of the force seizes a thing under this Division (other than a thing that is the 15 property of the State), the member must take reasonable steps to return it to the person from whom it was seized if-- (a) the reason for its seizure no longer exists; and 20 (b) the thing is not required, or likely to be required, in connection with any investigation or proposed investigation under Part IV or IVA. (2) If the thing seized has not been returned 25 within 6 months after it was seized, the member must take reasonable steps to return it unless-- (a) proceedings for the purpose for which the thing was retained have commenced 30 within that 6 month period and those proceedings (including any appeal) have not been completed; or (b) an investigation under Part IV or IVA to which the thing is relevant has 35 commenced within that 6 month period 29 532170B.A1-14/5/99

Police Regulation and Firearms (Amendment) Act 1999 s. 25 26 Act No. and that investigation has not been completed; or (c) the Magistrates' Court makes an order under section 100G extending the 5 period during which the thing may be retained. 100G. Magistrates' Court may extend 6 month period (1) A member of the force may apply to the 10 Magistrates' Court within 6 months after seizing a thing under this Division for an extension of the period for which the member may retain the thing. (2) The Magistrates' Court may order such an 15 extension if satisfied that retention of the thing is necessary-- (a) for the purposes of an investigation into whether a relevant offence has occurred; or 20 (b) to enable evidence of the commission of a relevant offence to be obtained for the purposes of a prosecution; or (c) for the purposes of an investigation or proposed investigation under Part IV or 25 IVA. 100H. Things seized may be used in connection with investigations into conduct A thing seized (whether under this or any other Act) in relation to a relevant offence or 30 an offence punishable by imprisonment may be used in connection with an investigation into the conduct of a member of the force under Part IV or IVA.'. 26. New Division heading inserted 30 532170B.A1-14/5/99

Police Regulation and Firearms (Amendment) Act 1999 s. 28 Act No. Before section 101 of the Principal Act insert-- "Division 4--Imprisonment". 27. New clause 4 of Schedule 1A substituted In Schedule 1A to the Principal Act for clause 4 5 substitute-- "4. Procedure of the Board (1) At a meeting or on a review, the person who must preside is-- (a) the chairperson; or 10 (b) if the chairperson is absent, an appointed member elected to preside by the other members present. (2) At a meeting-- (a) the quorum is 3 members; and 15 (b) the decision of the Board is the decision of the majority of votes cast; and (c) the person presiding has a deliberative vote and, if voting is equal, a second or casting vote. (3) On a review-- 20 (a) the quorum is 3 members; and (b) the member appointed under section 4D(2)(b) must be present; and (c) any question arising is to be decided according to the opinion of a majority of the members 25 present; and (d) if the opinions are equally divided, the question is to be decided according to the opinion of the person presiding. (4) Subject to this Act, the Board may regulate its own 30 proceedings.". 28. Further amendment of Schedule 1A In Schedule 1A to the Principal Act clause 6 is repealed. 31 532170B.A1-14/5/99

Police Regulation and Firearms (Amendment) Act 1999 Act No. 29. Statute law revision In section 91I of the Principal Act for "section 91F(e)" substitute "section 91F(1)(e)". _______________ 5 32 532170B.A1-14/5/99

Police Regulation and Firearms (Amendment) Act 1999 s. 30 Act No. PART 3--FIREARMS ACT 1996 No. 66/1996. 30. Definition of "prohibited person" Reprint No. 2 In section 3(1) of the Firearms Act 1996, in the as at 8 April 1999. definition of "prohibited person", in 5 paragraph (c)(ii) after "1991" insert-- "; or (iii) a supervision order under section 26 of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997--". 10 31. New section 186A inserted After section 186 of the Firearms Act 1996 insert-- "186A. Interstate temporary visitor permits A person who-- 15 (a) ordinarily resides outside Australia; and (b) holds a permit issued under the law of another State or a Territory of a kind specified in the regulations-- does not commit an offence against section 6 20 or 7 while acting under and in accordance with the permit.". 32. Statute law revision In the Firearms Act 1996-- (a) in section 3(1) the definition of "pest animal" 25 (where secondly occurring) is repealed; (b) in section 158(5) for "member" substitute "a member"; (c) in sections 174(1) and (2) and 175(2)(a) for "Division" substitute "Part". 33 532170B.A1-14/5/99

Police Regulation and Firearms (Amendment) Act 1999 s. 32 Act No. 34 532170B.A1-14/5/99

Police Regulation and Firearms (Amendment) Act 1999 Notes Act No. NOTES By Authority. Government Printer for the State of Victoria. 35 532170B.A1-14/5/99

Police Regulation and Firearms (Amendment) Act 1999 Act No. 36 532170B.A1-14/5/99

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