VICTORIA POLICE ACT 2013 - SECT 276B Validation—police officers acting as Assistant Commissioners
VICTORIA POLICE ACT 2013 - SECT 276B
Validation—police officers acting as Assistant Commissioners(1) In this section—
"applicable act or omission" means an act or thing done or omitted to be done, whether under a power conferred by or under an enactment or otherwise, by an applicable officer in the course of purportedly acting as an Assistant Commissioner pursuant to an applicable purported appointment;
"applicable officer" means a police officer who was purportedly appointed to act as an Assistant Commissioner under an applicable purported appointment;
"applicable purported appointment" means a purported appointment (however made)—
(a) under which a Deputy Commissioner purported to appoint a police officer to act as an Assistant Commissioner under section 26; and
(b) that was made at any time during the period beginning on 1 July 2014 and ending on 31 August 2021 (inclusive); and
(c) that would have been a valid and lawful appointment if it had been made by the Chief Commissioner under section 26.
(2) Every applicable purported appointment has, and is taken always to have had, the same force and effect as it would have had if it had been made by the Chief Commissioner under section 26.
(3) Without limiting subsection (2), an applicable act or omission is not invalid, and is taken never to have been invalid, by reason only of the fact that, but for subsection (2), the applicable officer who did that act or omission was not validly and lawfully appointed to act as an Assistant Commissioner.
(4) Without limiting subsection (2) or (3), any act or thing done or omitted to be done—
(a) in reliance, directly or indirectly, on evidence obtained, directly or indirectly, as a result of an applicable act or omission; and
(b) whether under a power conferred by or under an enactment or otherwise; and
(c) before, on or after the commencement of the Victoria Police Amendment Act 2022 —
is not invalid, and is taken never to have been invalid, by reason only of the fact that, but for subsection (2), an applicable officer was not validly and lawfully appointed to act as an Assistant Commissioner.
(5) The acts and things referred to in subsection (4) include (but are not limited to)—
(a) a judgment or order of a court or judicial officer; and
(b) a warrant, summons or other process issued by a court or judicial officer; and
(c) anything done under the Infringements Act 2006 or the Fines Reform Act 2014 ; and
(d) anything done under the Sheriff Act 2009 ; and
(e) any penalty imposed, demerit points incurred, licence suspension, licence cancellation and disqualification from holding a licence.
(6) For the purposes of a proceeding (whether civil or criminal) before a court, the fact that, but for subsection (2), an applicable officer was not validly and lawfully appointed to act as an Assistant Commissioner is to be disregarded in determining whether evidence obtained, directly or indirectly, as a result of an applicable act or omission ought to be admitted.
(7) Subject to subsection (6), this section does not limit a discretion of a court—
(a) to exclude evidence in a proceeding (whether civil or criminal); or
(b) to stay a proceeding (whether civil or criminal) in the interests of justice.
(8) For the purposes of a proceeding (however described) before a tribunal (however described), the fact that, but for subsection (2), an applicable officer was not validly and lawfully appointed to act as an Assistant Commissioner is to be disregarded by the tribunal in determining whether to consider anything obtained, directly or indirectly, as a result of an applicable act or omission.
(9) Subject to subsection (10), this section affects the rights of parties in—
(a) a proceeding (whether civil or criminal) before a court; or
(b) a proceeding (however described) before a tribunal (however described)—
if the proceeding is commenced, and not finally disposed of, before the commencement of the Victoria Police Amendment Act 2022 .
(10) This section does not affect the rights of the parties in the following proceedings—
(a) the proceeding known as Director
of Public Prosecutions v Michael Barbaro
(CR-19-02047) in the County Court;
(b) the proceeding known as Director of Public Prosecutions v Jayson Muir (CR-19-02048) in the County Court;
(c) the proceeding known as Director
of Public Prosecutions v Pepi Scardamaglia
(CR-19-02049) in the County Court;
(d) the proceeding known as Director
of Public Prosecutions v Michael Barbaro
(CR-20-00530) in the County Court;
(e) any other proceeding in which a court makes a ruling on the validity of an applicable purported appointment before the commencement of the Victoria Police Amendment Act 2022 .