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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Sentencing (Emergency Service Costs) Act 2001
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 2
3. Principal Act 2
4. New Division 2B inserted in Part 4 of the Principal Act 2
Division 2B--Recovery of Costs incurred by Emergency
Service Agencies 2
87C. Definitions 2
87D. Cost recovery order 6
87E. Application for cost recovery order 6
87F. Extension of time for making application 7
87G. How offender may appear on an application 7
87H. Court may have regard to relevant facts 8
87I. Evidence 9
87J. Court may take financial circumstances of offender into
account 10
87K. Court to give reasons for its decision 10
87L. Costs of proceeding 11
87M. Right to bring civil proceedings unaffected 11
87N. Enforcement of order 11
5. New section 126 inserted in Principal Act 11
125. Transitional provisions--Sentencing (Emergency
Service Costs) Act 2001 11
6. Amendment of Summary Offences Act 1966 12
7. Amendment of Crimes Act 1958 12
ENDNOTES 14
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541250B.I1-9/11/2001 BILL LA CIRCULATION 9/11/2001
PARLIAMENT OF VICTORIA
Initiated in Assembly 7 November 2001
A BILL
to amend the Sentencing Act 1991 to provide for the recovery of
costs incurred by emergency services in certain circumstances, to
amend the Crimes Act 1958 and the Summary Offences Act 1966
and for other purposes.
Sentencing (Emergency Service Costs)
Act 2001
The Parliament of Victoria enacts as follows:
1. Purpose
The main purpose of this Act is to amend the
Sentencing Act 1991 to provide for the recovery
of costs incurred by emergency services in certain
5 circumstances.
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Sentencing (Emergency Service Costs) Act 2001
s. 2
Act No.
2. Commencement
This Act comes into operation on the day after the
day on which it receives the Royal Assent.
3. Principal Act
See:
5 In this Act, the Sentencing Act 1991 is called the Act No.
Principal Act. 49/1991.
Reprint No. 6
as at
1 August 2001
and
amending
Act Nos
45/2001 and
61/2001.
LawToday:
www.dms.
dpc.vic.
gov.au
4. New Division 2B inserted in Part 4 of the Principal
Act
In Part 4 of the Principal Act, after Division 2A
10 insert--
'Division 2B--Recovery of Costs incurred by
Emergency Service Agencies
87C. Definitions
In this Division--
15 "cost recovery order" means an order
under section 87D(1);
"emergency" includes an apparent
emergency;
"emergency service agency" means--
20 (a) the police force of Victoria; or
(b) the Metropolitan Fire and
Emergency Services Board
established under the
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Sentencing (Emergency Service Costs) Act 2001
s. 4
Act No.
Metropolitan Fire Brigades Act
1958; or
(c) the Country Fire Authority
appointed under the Country Fire
5 Authority Act 1958; or
(d) the Victorian State Emergency
Service established under the
Victoria State Emergency
Service Act 1987; or
10 (e) Ambulance Service--Victoria
within the meaning of the
Ambulance Services Act 1986;
or
(f) a public hospital, private hospital,
15 denominational hospital or
privately-operated hospital within
the meaning of the Health
Services Act 1988; or
(g) any other person who, or body
20 that, employs or engages an
emergency service worker;
"emergency service worker" means--
(a) an officer or other member of the
police force of Victoria under the
25 Police Regulation Act 1958; or
(b) a member of the Retired Police
Reserve of Victoria appointed
under Part VI of the Police
Regulation Act 1958; or
30 (c) a protective services officer
appointed under Part VIA of the
Police Regulation Act 1958; or
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Sentencing (Emergency Service Costs) Act 2001
s. 4
Act No.
(d) a person employed by the
Metropolitan Fire and Emergency
Services Board established under
the Metropolitan Fire Brigades
5 Act 1958 or a member of a fire or
emergency service unit
established under that Act; or
(e) an officer or employee of the
Country Fire Authority under the
10 Country Fire Authority Act
1958; or
(f) an officer or member of a brigade
under the Country Fire
Authority Act 1958, whether a
15 part-time officer or member, a
permanent officer or member or a
volunteer officer or member
within the meaning of that Act; or
(g) a casual fire-fighter within the
20 meaning of Part V of the Country
Fire Authority Act 1958; or
(h) a volunteer auxiliary worker
appointed under section 17A of
the Country Fire Authority Act
25 1958; or
(i) a person employed in the
Department of Natural Resources
and Environment with emergency
response duties; or
30 (j) a registered member or
probationary member within the
meaning of the Victoria State
Emergency Service Act 1987 or
an employee in the Victoria State
35 Emergency Service; or
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Sentencing (Emergency Service Costs) Act 2001
s. 4
Act No.
(k) a volunteer emergency worker
within the meaning of the
Emergency Management Act
1986; or
5 (l) an employee of Ambulance
Service--Victoria within the
meaning of the Ambulance
Services Act 1986; or
(m) a person employed, or engaged to
10 provide services or perform work,
by a public hospital, private
hospital, denominational hospital
or privately-operated hospital
within the meaning of the Health
15 Services Act 1988; or
(n) any other person or body--
(i) required or permitted under
the terms of their
employment by, or contract
20 for services with, the Crown
or a government agency to
respond to an emergency; or
(ii) engaged by the Crown or a
government agency to
25 provide services or perform
work in relation to a
particular emergency;
"government agency" has the same
meaning as in the Victoria State
30 Emergency Service Act 1987;
"statement of costs" means a statement
referred to in section 87H(2)(d).
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Sentencing (Emergency Service Costs) Act 2001
s. 4
Act No.
87D. Cost recovery order
(1) If a court finds a person guilty, or convicts a
person, of an offence against--
(a) Division 4 of Part I of the Crimes Act
5 1958 (contamination of goods); or
(b) section 317A(1) or (2) of the Crimes
Act 1958 (bomb hoaxes)--
it may, on application, order the offender to
pay to the State such amount as the court
10 thinks fit for costs reasonably incurred by
any emergency service agency in providing
an immediate response to an emergency
arising out of the commission of the offence.
(2) A cost recovery order may include amounts
15 in respect of remuneration (including long
service leave entitlements, holiday pay,
superannuation contributions and any other
employment benefits) payable to an
emergency service worker involved in the
20 provision of the immediate response referred
to in sub-section (1).
(3) In making a cost recovery order the court
may direct that the costs covered by the
order be paid by instalments and that, in
25 default of payment of any one instalment, the
whole of those costs remaining unpaid shall
become due and payable.
87E. Application for cost recovery order
An application for a cost recovery order--
30 (a) may only be made by the Director of
Public Prosecutions or, in the case of
the Magistrates' Court, by the Director
of Public Prosecutions or the informant
or police prosecutor; and
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Sentencing (Emergency Service Costs) Act 2001
s. 4
Act No.
(b) must be made within 12 months after
the offender is found guilty, or
convicted, of the offence.
87F. Extension of time for making application
5 (1) A court may, on the application of a person
who wishes to apply for a cost recovery
order, extend the time within which an
application for a cost recovery order may be
made if it is of the opinion that it is in the
10 interests of justice to do so.
(2) A court may extend time under sub-section
(1) before or after the time expires and
whether or not an application for an
extension is made before the time expires.
15 (3) A court must not extend time under sub-
section (1) without giving the offender a
reasonable opportunity to be heard on the
matter.
87G. How offender may appear on an
20 application
In a proceeding on an application for a cost
recovery order the offender--
(a) may appear personally; or
(b) may be represented--
25 (i) by a legal practitioner; or
(ii) with the leave of the court, by any
other person.
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Sentencing (Emergency Service Costs) Act 2001
s. 4
Act No.
87H. Court may have regard to relevant facts
(1) In hearing and determining an application for
a cost recovery order, a court may have
regard to any relevant facts appearing
5 from--
(a) evidence given at the hearing of the
charge; or
(b) any statement of the material facts
relevant to the charge given to a court
10 in a proceeding for the offence by the
prosecution and not disputed by or on
behalf of the defendant; or
(c) the available documents--
together with admissions made by or on
15 behalf of any person in connection with the
application.
(2) In sub-section (1)(c) "the available
documents" means--
(a) any written statements or admissions
20 which were made for use, and would
have been admissible, as evidence on
the hearing of the charge; or
(b) the depositions taken at the committal
proceeding; or
25 (c) any written statements or admissions
used as evidence in the committal
proceeding; or
(d) a written statement made by or on
behalf of an emergency service agency
30 detailing costs reasonably incurred by it
in providing an immediate response to
an emergency arising out of the
commission of the offence.
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Sentencing (Emergency Service Costs) Act 2001
Act No.
87I. Evidence
On an application for a cost recovery
order--
(a) the court must give the offender a
5 reasonable opportunity to be heard; and
(b) the applicant may give evidence or may
call another person to give evidence in
relation to the application, including in
support of a statement of costs; and
10 (c) the offender may give evidence or may
call another person to give evidence in
relation to the application, including in
relation to any matter contained in a
statement of costs; and
15 (d) the court may, at the request of the
offender or the applicant, call a person
who has made a statement of costs to
give evidence; and
(e) a person who gives evidence may be
20 cross-examined and re-examined; and
(f) a finding of any fact made by a court in
a proceeding for the offence is evidence
and, in the absence of evidence to the
contrary, proof of that fact; and
25 (g) the finding may be proved by
production of a document under the
seal of the court from which the finding
appears; and
(h) the court may have regard to any
30 evidence or statement referred to in
section 87H(1) and, with the consent of
the parties, to any available documents
or admissions referred to in that
section.
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Sentencing (Emergency Service Costs) Act 2001
s. 4
Act No.
87J. Court may take financial circumstances of
offender into account
(1) If a court decides to make a cost recovery
order, it may, in determining the amount and
5 method of payment of the costs covered by
the order, take into account, as far as
practicable, the financial circumstances of
the offender and the nature of the burden that
payment of the costs will impose.
10 (2) A court is not prevented from making a cost
recovery order only because it has been
unable to find out the financial
circumstances of the offender.
(3) If the court considers--
15 (a) that it would be appropriate, in addition
to making a cost recovery order, to
impose a fine or make a compensation
order under Division 2 or both impose a
fine and make such a compensation
20 order; but
(b) that the offender has insufficient means
to pay them all--
the court must give first preference to any
compensation order, second preference to a
25 cost recovery order and third preference to a
fine.
87K. Court to give reasons for its decision
(1) On deciding to grant or refuse an application
for a cost recovery order, the court must--
30 (a) state in writing the reasons for its
decision; and
(b) cause those reasons to be entered in the
records of the court.
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Sentencing (Emergency Service Costs) Act 2001
s. 5
Act No.
(2) The failure of a court to comply with sub-
section (1) does not invalidate the decision
made by it on the application.
87L. Costs of proceeding
5 Despite any rule of law or practice to the
contrary or any provision to the contrary
made by or under any other Act, each party
to a proceeding under this Division must
bear their own costs of the proceeding unless
10 the court otherwise determines.
87M. Right to bring civil proceedings unaffected
Nothing in this Division takes away from, or
affects, the right of an emergency service
agency to recover any costs so far as not
15 recovered under this Division.
87N. Enforcement of order
A cost recovery order, including costs
ordered to be paid by the offender on the
proceeding for that order, must be taken to
20 be a judgment debt due by the offender to
the State and payment of any amount
remaining unpaid under the order may be
enforced in the court by which it was made.'.
5. New section 126 inserted in Principal Act
25 At the end of Part 12 of the Principal Act insert--
"125. Transitional provisions--Sentencing
(Emergency Service Costs) Act 2001
(1) The amendment of this Act made by
section 4 of the Sentencing (Emergency
30 Service Costs) Act 2001 applies only to
offences alleged to have been committed on
or after the commencement of that Act.
(2) For the purposes of sub-section (1), if an
offence is alleged to have been committed
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Sentencing (Emergency Service Costs) Act 2001
s. 6
7
Act No.
between two dates, one before and one after
the commencement of the Sentencing
(Emergency Service Costs) Act 2001, the
offence is alleged to have been committed
5 before that commencement.".
6. Amendment of Summary Offences Act 1966
See:
(1) In section 53(6A) of the Summary Offences Act Act No.
1966, for "members of the police force" 7405/1966.
Reprint No. 7
substitute "any emergency service worker within as at
10 the meaning of Division 2B of Part 4 of the 6 August 1998
and
Sentencing Act 1991". amending
Act Nos
(2) In section 62 of the Summary Offences Act 44/1999 and
1966, after sub-section (2) insert-- 74/2000.
LawToday:
"(3) The amendment of section 53(6A) made by www.dms.
dpc.vic.
15 section 6(1) of the Sentencing (Emergency gov.au
Service Costs) Act 2001 applies only to
offences against section 53 alleged to have
been committed on or after the
commencement of the Sentencing
20 (Emergency Service Costs) Act 2001.
(4) For the purposes of sub-section (3), if an
offence is alleged to have been committed
between two dates, one before and one after
the commencement of the Sentencing
25 (Emergency Service Costs) Act 2001, the
offence is alleged to have been committed
before that commencement.".
7. Amendment of Crimes Act 1958
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Sentencing (Emergency Service Costs) Act 2001
Act No.
(1) At the foot of section 249 of the Crimes Act 1958
See:
Act No. insert--
6231.
Reprint No. 15 "Note: Division 2B of Part 4 of the Sentencing Act 1991
as at
provides for the making of cost recovery orders in
1 September
5 respect of costs incurred by emergency service
1999
agencies in providing an immediate response to an
and
amending emergency arising out of the commission of an
Act Nos offence against this section.".
26/1999,
53/2000,
(2) At the foot of section 250 of the Crimes Act 1958
67/2000,
10 insert--
74/2000,
86/2000,
"Note: Division 2B of Part 4 of the Sentencing Act 1991
92/2000,
45/2001, provides for the making of cost recovery orders in
58/2001 and
respect of costs incurred by emergency service
61/2001.
agencies in providing an immediate response to an
LawToday:
15 emergency arising out of the commission of an
www.dms.
dpc.vic. offence against this section.".
gov.au
(3) At the foot of section 251 of the Crimes Act 1958
insert--
"Note: Division 2B of Part 4 of the Sentencing Act 1991
20 provides for the making of cost recovery orders in
respect of costs incurred by emergency service
agencies in providing an immediate response to an
emergency arising out of the commission of an
offence against this section.".
25 (4) At the foot of section 317A of the Crimes Act
1958 insert--
"Note: Division 2B of Part 4 of the Sentencing Act 1991
provides for the making of cost recovery orders in
respect of costs incurred by emergency service
30 agencies in providing an immediate response to an
emergency arising out of the commission of an
offence against this section.".
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Sentencing (Emergency Service Costs) Act 2001
Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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