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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Vagrancy (Repeal) and Summary Offences
(Amendment) Act 2005
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 1
3. Repeal of Vagrancy Act 1966 2
4. New section 19 inserted in Summary Offences Act 1966 2
19. Obscene exposure 2
5. New Division 8 of Part I inserted in Summary Offences Act
1966 2
Division 8--Other Offences 2
49A. Begging or gathering alms 2
49B. Loitering with intent to commit an indictable offence 3
49C. Being disguised with unlawful intent 4
49D. Possessing housebreaking implements 4
49E. Escaping from lawful custody 4
49F. Consorting 5
6. New section 31B inserted in Crimes Act 1958 6
31B. Being armed with criminal intent 6
7. Consequential amendment of Crimes Act 1958 6
ENDNOTES 7
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551270B.I1-19/7/2005 BILL LA INTRODUCTION 19/7/2005
PARLIAMENT OF VICTORIA
A BILL
to repeal the Vagrancy Act 1966 and re-enact certain provisions of it
in the Summary Offences Act 1966 and the Crimes Act 1958 and for
other purposes.
Vagrancy (Repeal) and Summary
Offences (Amendment) Act 2005
The Parliament of Victoria enacts as follows:
1. Purpose
The purpose of this Act is to repeal the Vagrancy
Act 1966 and re-enact certain provisions of it in
the Summary Offences Act 1966 and the Crimes
Act 1958.
5
2. Commencement
This Act comes into operation on the day after the
day on which it receives the Royal Assent.
1
551270B.I1-19/7/2005 BILL LA INTRODUCTION 19/7/2005
Vagrancy (Repeal) and Summary Offences (Amendment) Act
2005
s. 3
Act No.
3. Repeal of Vagrancy Act 1966
See:
Act No.
The Vagrancy Act 1966 is repealed.
7393.
Reprint No. 4
as at
14 March
1996
and
amending
Act Nos
47/2000,
74/2000 and
16/2004.
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dpc.vic.
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See: 4. New section 19 inserted in Summary Offences Act
Act No.
1966
7405.
Reprint No. 8
After section 18 of the Summary Offences Act
5 as at
1 January
1966 insert--
2003
and
"19. Obscene exposure
amending
Act Nos
A person must not wilfully and obscenely
10/2003,
expose the genital area of his or her body in,
33/2003,
80/2003,
or within the view of, a public place.
10 10/2004,
16/2004 and
Penalty: 2 years imprisonment.".
51/2004.
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5. New Division 8 of Part I inserted in Summary
Offences Act 1966
After Division 7 of Part I of the Summary
Offences Act 1966 insert--
15
'Division 8--Other Offences
49A. Begging or gathering alms
(1) A person must not beg or gather alms.
Penalty: 12 months imprisonment.
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551270B.I1-19/7/2005 BILL LA INTRODUCTION 19/7/2005
Vagrancy (Repeal) and Summary Offences (Amendment) Act
2005
s. 5
Act No.
(2) A person must not cause, procure or
encourage a child to beg or gather alms.
Penalty: 12 months imprisonment.
49B. Loitering with intent to commit an
indictable offence
5
(1) A person who--
(a) is a known or reputed thief or is known
or reputed to have committed drug-
related offences; and
(b) is loitering in a public place; and
10
(c) is so loitering with intent to commit an
indictable offence; and
(d) while so loitering engages in conduct in
the furtherance of the commission of
that indictable offence--
15
is guilty of an offence and liable to a term of
imprisonment not exceeding 2 years.
(2) In a proceeding for an offence against sub-
section (1), the informant may give or
produce evidence--
20
(a) to prove that the defendant is a known
or reputed thief or is known or reputed
to have committed drug-related
offences; or
(b) to rebut any evidence (including
25
evidence as to general character) given
by or on behalf of the defendant.
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Vagrancy (Repeal) and Summary Offences (Amendment) Act
2005
s. 5
Act No.
49C. Being disguised with unlawful intent
A person must not with unlawful intent--
(a) be disguised or have a blackened face;
or
(b) have an article of disguise in his or her
5
custody or possession.
Penalty: 2 years imprisonment.
49D. Possessing housebreaking implements
(1) A person must not, without lawful excuse,
have an implement of housebreaking in his
10
or her custody or possession.
Penalty: 2 years imprisonment.
(2) The defendant bears the burden of proving
lawful excuse for having custody or
possession of any implement to which a
15
charge of an offence against sub-section (1)
relates.
49E. Escaping from lawful custody
A person must not escape or attempt to
escape from--
20
(a) any place in which he or she is being
lawfully detained; or
(b) any person in whose legal custody he or
she is or by whom he or she is being
lawfully detained.
25
Penalty: 2 years imprisonment.
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2005
s. 5
Act No.
49F. Consorting
(1) A person must not, without reasonable
excuse, habitually consort with a person who
has been found guilty of, or who is
reasonably suspected of having committed,
5
an organised crime offence.
Penalty: 2 years imprisonment.
(2) The defendant bears the burden of proving
reasonable excuse for habitual consorting
to which a charge of an offence against
10
sub-section (1) relates.
(3) In this section--
"organised crime offence" means an
indictable offence against the law of
Victoria, irrespective of when the
15
offence was or is suspected to have
been committed, that is punishable by
level 5 imprisonment (10 years
maximum) or more and that--
(a) involves 2 or more offenders; and
20
(b) involves substantial planning and
organisation; and
(c) forms part of systemic and
continuing criminal activity; and
(d) has a purpose of obtaining profit,
25
gain, power or influence.'.
5
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Vagrancy (Repeal) and Summary Offences (Amendment) Act
2005
s. 6
Act No.
6. New section 31B inserted in Crimes Act 1958
See:
Act No.
After section 31A of the Crimes Act 1958
6231.
Reprint No. 18 insert--
as at
1 July 2005
'31B. Being armed with criminal intent
and
amending
(1) In this section--
5 Act Nos
16/2004 and
"controlled weapon" has the same meaning
18/2005.
as in the Control of Weapons Act
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1990;
dpc.vic.
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"firearm" has the same meaning as in the
Firearms Act 1996;
10
"imitation firearm" has the same meaning
as in section 29;
"prohibited weapon" has the same
meaning as in the Control of Weapons
Act 1990.
15
(2) A person who, with criminal intent, is armed
with a firearm, an imitation firearm, a
prohibited weapon or a controlled weapon is
guilty of an indictable offence.
Penalty: Level 6 imprisonment (5 years
20
maximum).'.
7. Consequential amendment of Crimes Act 1958
In section 60B(2) of the Crimes Act 1958--
(a) for paragraph (a)(iii) substitute--
"(iii) an offence against section 19 of the
25
Summary Offences Act 1966; or";
(b) in paragraph (b)(ii) for "Vagrancy Act
1966" substitute "Summary Offences Act
1966".
6
551270B.I1-19/7/2005 BILL LA INTRODUCTION 19/7/2005
Vagrancy (Repeal) and Summary Offences (Amendment) Act
2005
Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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551270B.I1-19/7/2005 BILL LA INTRODUCTION 19/7/2005
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