JUSTICE LEGISLATION FURTHER AMENDMENT BILL 2011 Explanatory Memoranda
JUSTICE LEGISLATION FURTHER AMENDMENT BILL 2011
Justice Legislation Further Amendment
Bill 2011
Introduction Print
EXPLANATORY MEMORANDUM
Clause Notes
PART 1--PRELIMINARY
Clause 1 sets out the purpose of the Bill. The purpose is to amend the
Criminal Procedure Act 2009 to allow police prosecutors to
appear on behalf of protective services officers in Magistrates'
Court proceedings; to amend the Major Crime (Investigative
Powers) Act 2004 to extend the operation of sections 49 and 50
of that Act and to amend section 2 of the Road Safety
Amendment (Hoon Driving and Other Matters) Act 2011
relating to the commencement of that Act.
Clause 2 provides for the commencement of the Bill. The provisions of
the Bill will commence on the day after the day on which the Bill
receives the Royal Assent.
PART 2--AMENDMENT OF CRIMINAL PROCEDURE
ACT 2009
Clause 3 amends section 328(c) of the Criminal Procedure Act 2009 by
inserting the words "or a protective services officer appointed
under Part VIA of the Police Regulation Act 1958" after "police
force".
Section 328 of the Criminal Procedure Act 2009 provides that
a police prosecutor in criminal proceedings in the Magistrates'
Court may represent a member of the police force. The Justice
Legislation (Protective Services Officers) Act 2011 recently
amended a number of Acts to extend certain enforcement powers
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to protective services officers. Section 118B(2) of the Police
Regulation Act 1958 provides that protective services officers
are not members of the police force except for very limited
circumstances that do not include the Criminal Procedure Act
2009. The Bill amends the Criminal Procedure Act 2009 to
ensure police prosecutors can represent protective services
officers in criminal proceedings in the Magistrates' Court that
might arise because of the exercise of their extended enforcement
powers.
PART 3--AMENDMENT OF MAJOR CRIME
(INVESTIGATIVE POWERS) ACT 2004
Clause 4 amends section 49(12) of the Major Crime (Investigative
Powers) Act 2004 by substituting "1 January 2016" for
"1 January 2012".
The Major Crime (Investigative Powers) Act 2004 authorises
the use, by Victoria Police, of coercive powers to investigate
organised crime offences. The Act establishes the statutory
office of the Chief Examiner to use coercive powers, including
the power to compel witnesses to produce documents and answer
questions at an examination. The powers can only be exercised
if the Supreme Court has granted a coercive powers order on the
application of Victoria Police.
The amendment extends the sunset period in relation to the
power of the Chief Examiner to deal with a person for contempt.
Section 49 authorises the Chief Examiner to issue a charge and
a warrant for the arrest of a person who is subject to a witness
summons and who fails to produce a document or answer a
question in accordance with that summons.
Clause 5 amends section 50(2) of the Major Crime (Investigative
Powers) Act 2004 by substituting "1 January 2016" for
"1 January 2012". Section 50(1) provides that where an act or
omission is both an offence against the Major Crime
(Investigative Powers) Act 2004 and a contempt of the Chief
Examiner, a person is liable to be proceeded against for either or
both but cannot be punished more than once for the same act or
omission. The amendment extends the sunset provision in
section 50(2).
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PART 4--AMENDMENT OF ROAD SAFETY AMENDMENT (HOON
DRIVING AND OTHER MATTERS) ACT 2011
Clause 6 amends the Road Safety Amendment (Hoon Driving and
Other Matters) Act 2011 to alter the commencement of certain
provisions.
Clause 6(1) amends subsection (4) of section 2 of the Road
Safety Amendment (Hoon Driving and Other Matters) Act
2011 by substituting "Sections" for "Subject to subsection (5),
sections".
Clause 6(2) repeals subsection (5) of section 2 of the Road
Safety Amendment (Hoon Driving and Other Matters) Act
2011.
The effect of the amendment is to provide for the commencement
of sections 11, 13, 14, 15, 16, 17 and 22 on a day to be
proclaimed. Those sections relate to the establishment of the
Personal Property Securities Register by the Commonwealth
Personal Property Securities Act 2009. The provisions in the
Road Safety Amendment (Hoon Driving and Other Matters)
Act 2011 provide that where police are taking or have taken
vehicle impoundment, immobilisation or forfeiture enforcement
action with respect to a vehicle, the Chief Commissioner of
Police must lodge a notice, called a financing statement, with the
Registrar of the Commonwealth Personal Property Securities
Register. The Commonwealth Personal Property Securities
Act 2009 has not yet commenced and the amendment to the
Road Safety Amendment (Hoon Driving and Other Matters)
Act 2011 removes the default commencement date of 1 February
2012 and provides for the commencement of the relevant
provisions on a day to be proclaimed. The commencement of the
provisions will be proclaimed to coincide with the
commencement of the Commonwealth Personal Property
Securities Act 2009.
PART 5--REPEAL OF AMENDING BILL
Clause 7 provides that this Bill is repealed on the first anniversary of its
commencement. Under section 15(1) of the Interpretation of
Legislation Act 1984 the repeal of this Bill does not affect the
continuing operation of amendments made by it.
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