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Justice Legislation Amendment
Bill 2015
Introduction Print
EXPLANATORY MEMORANDUM
General
The Justice Legislation Amendment Bill 2015 amends the Confiscation Act
1997, the Control of Weapons Act 1990, the Emergency Management Act
2013, the Emergency Management Amendment (Critical Infrastructure
Resilience) Act 2014, the Sex Offenders Registration Act 2004, the
Victorian Civil and Administrative Tribunal Act 1998, the Crimes Act
1958, the Working with Children Act 2005, the Family Violence
Protection Amendment Act 2014, the Crimes (Mental Impairment and
Unfitness to be Tried) Act 1997, the Corrections Act 1986, the Working
with Children Amendment (Ministers of Religion and Other Matters)
Act 2014 and the Road Legislation Amendment Act 2013, repeals the
Magistrates' Court Amendment (Assessment and Referral Court List)
Act 2010 and makes miscellaneous amendments to various other Acts.
Clause Notes
Part 1--Preliminary
Clause 1 sets out the main purposes of the Bill.
Clause 2 provides for the commencement of the Bill.
Subclause (1) provides that Parts 1, 4 and 14 commence on the
day that the Act receives the Royal Assent. The amendments to
the Emergency Management Act 2013 made by Part 4 need to
precede the amendments to that Act made by the Emergency
Management Amendment (Critical Infrastructure) Act 2014
which has a default commencement date of 1 July 2015.
The amendment to the Road Legislation Amendment Act
2013 needs to be made before that Act comes into operation on
581015 1 BILL LA INTRODUCTION 14/4/2015
1 July 2015. Due to timing issues, the only way to ensure that
occurs in each case is to provide for commencement on Royal
Assent.
Subclause (2) provides that Part 13 is taken to have commenced
on 25 October 2014. See the clause note for clause 40 for the
reason for the retrospective commencement of Part 13.
Subclause (3) provides that the remaining Parts (except Parts 6
and 7) commence on the day after the day on which the Act
receives the Royal Assent.
Subclause (4) provides that Part 6 commences on 1 July 2015.
Part 6 needs to commence operation before the repeal provisions
of the Magistrates' Court Amendment (Assessment and
Referral Court List) Act 2010 take effect on 1 August 2015 in
order that the Assessment and Referral Court List continues.
Subclause (5) provides that, subject to subsection (6), Part 7
commences on a day or days to be proclaimed.
Subclause (6) provides that if Part 7 does not commence by
1 July 2017, it commences on that day. A default
commencement date of longer than 12 months after the
introduction of the Bill is required to ensure that fees and
regulations required consequent to the amendments have
sufficient time to be prescribed or made.
Part 2--Amendment of Confiscation Act 1997
Clause 3 amends section 40C of the Confiscation Act 1997, which deals
with the making of unexplained wealth restraining orders by a
court.
Current section 40C(3) provides that the court can, if the
circumstances require, direct a trustee to take control of some or
all of the property specified in an unexplained wealth restraining
order. Clause 3 replaces current section 40C(3) with a new
section 40C(3) which provides that a court can direct to take
control of property either a trustee or a person holding a
prescribed position in the Department of Justice and Regulation.
This change will make the provision consistent with similar
provisions dealing with civil forfeiture restraining orders
(section 36H(3)) and other restraining orders (section 14(3)).
2
Clause 4 amends section 125 of the Confiscation Act 1997, which is
about registration of orders made interstate under legislation
corresponding to the Confiscation Act 1997. Section 125 allows
the Director of Public Prosecutions to register an interstate order,
which applies to property in Victoria, in the Supreme Court of
Victoria. The effect of registration is that the order is taken to be
an order made under the Confiscation Act 1997.
Section 125(1) requires that to register an interstate order, a
copy of the order, sealed by the court which made it, is required.
Not all interstate orders are made by a court. Clause 4 inserts a
new subsection 125(6), which provides that for the purposes of
section 125 a reference to a court is to be read as including a
reference to any person who may make an interstate forfeiture or
restraining order.
Clause 5 amends section 129 of the Confiscation Act 1997.
Section 129 of the Confiscation Act 1997 deals with the creation
of a charge on property subject to a registered interstate
restraining order. Subsection (1)(a) requires that the restraining
order was made "in reliance on the charging, or the proposed
charging of a person with, or the conviction of a person of, an
interstate offence". This requirement reflects the basis on
which restraining orders are made for "proceeds of crime"
forfeiture, which is generally linked to a predicate offence.
Unexplained wealth forfeiture does not generally rely on the
commission of a specific offence by an accused. Accordingly,
the requirement found in subsection (1)(a) may mean that it is not
possible to create a charge on property in Victoria to satisfy
interstate unexplained wealth forfeiture. Clause 5 amends
section 129(1)(a) to remove the words "in reliance on the
charging, or the proposed charging of a person with, or the
conviction of a person of, an interstate offence" from the
provision. This will ensure there is no barrier to the creation of a
charge on property subject to an interstate unexplained wealth
restraining order.
Clause 6 amends section 143(5) of the Confiscation Act 1997 to remove
a reference to section 47C of the Legal Aid Act 1978.
Section 47C of the Legal Aid Act 1978 has been repealed.
Clause 7 amends sections 3(1), 3(2), 14(3)(b) and 36H(3)(b) of the
Confiscation Act 1997 to change references to the Department
of Justice to the Department of Justice and Regulation.
3
Part 3--Amendment of Control of Weapons Act 1990
Clause 8 amends section 6 of the Control of Weapons Act 1990 to
include that for the purposes of subsections (1AA) and (1AB), a
disposable knife made of plastic, bamboo or wood designed for
eating purposes will not be considered a controlled weapon.
Clause 9 amends section 11C of the Control of Weapons Act 1990 to
clarify that an amount payable under that section is the
infringement penalty for an offence.
Clause 10 repeals section 10D(5)(b) of the Control of Weapons Act 1990,
which provides that a published notice of a designated search
area must include a map of the area. Subclause (2) inserts into
the Act a new section 10D(5A) which provides that a notice
published in the Government Gazette must include a map, and
that a notice published in a newspaper must include either a map
or an internet address at which a map is published.
Part 4--Amendment of Emergency Management Legislation
Clause 11 inserts new section 76A into the Emergency Management Act
2013, to provide for additional regulation making heads of
power. The additional heads of power specifically enable the
regulations made under section 76 of the Emergency
Management Act 2013 to--
· apply, adopt or incorporate any document by reference
in the regulations, for example, relevant Australian
Standards;
· have effect at all times or specified times or across the
whole state or parts of the state;
· require that a matter for which regulations are made, is
subject to a specified standard or specified requirement
or to a standard approved by or to the satisfaction of a
specified person;
· confer discretionary authority on a person, for example,
enabling a specified person to make decisions under the
regulations;
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· exempt persons or things or classes of persons or things
from being subject to the requirements of the
regulations or parts of the regulations, for example an
exemption can be applied unconditionally or subject to
conditions.
Clause 12 amends section 3 of the Emergency Management Amendment
(Critical Infrastructure Resilience) Act 2014, to substitute an
incorrect reference in new section 74S(2) of the Emergency
Management Act 2013 to "responsible authority" with the
intended reference to the defined term "responsible entity".
Part 5--Amendment of Sex Offenders Registration Act 2004
Clause 13 amends the definition of Register in the Sex Offenders
Registration Act 2004 to extend the meaning to a Register that
will be established under section 62 in addition to a Register that
has already been established under section 62.
Clause 14 amends section 62 of the Sex Offenders Registration Act 2004
to allow the Chief Commissioner to arrange for another entity to
establish and maintain the Register.
Clause 15 amends section 64 of the Sex Offenders Registration Act 2004
to allow for disclosure of personal information in the Register to
the CrimTrac Agency for the purpose of placing the information
on the Australian National Child Offender Register. The clause
also includes a definition for the CrimTrac Agency.
Part 6--Repeal of Magistrates' Court Amendment (Assessment
and Referral Court List) Act 2010
Clause 16 repeals the Magistrates' Court Amendment (Assessment and
Referral Court List) Act 2010 (the ARC List Act). The purpose
of that Act was to establish the Assessment and Referral Court
List in the Magistrates' Court for a trial period by inserting new
sections 4S to 4Y of the Magistrates' Court Act 1989 and
amending section 3(1) and 16(1A)(i) of that Act (the ARC List
provisions). The ARC List Act provides for the repeal of the
ARC List provisions on a date to be proclaimed, or, in default, on
1 August 2015. The Bill will repeal the ARC List Act to ensure
that the ARC List provisions are not repealed on 1 August 2015
so that the ARC List may continue to operate.
5
Part 7--Amendment of Victorian Civil and Administrative
Tribunal Act 1998
Clause 17 inserts a new section 68(3A) into the Victorian Civil and
Administrative Tribunal Act 1998. Section 68(3) provides that
if an application fee is not paid, the Tribunal will take no further
action until the fee is paid, waived or reduced. Proposed new
subsection (3A) provides that subsection (3) does not apply in
respect of an application for which payment of the fee is
postponed.
The clause also amends section 68(4)(c) of the Victorian Civil
and Administrative Tribunal Act 1998. Section 68(4)(c)
provides that if the fee required to be paid is not paid within
30 days after the day on which the application is lodged, the
Tribunal may make an order striking out the proceeding, unless
an applicant has requested the waiver or reduction of the fee and
the request has not been determined by the end of the period.
The clause substitutes "reduction, waiver or postponement" for
"waiver or reduction" in section 68(4)(c), reflecting the new
powers.
The clause also inserts a new section 68(5) into the Victorian
Civil and Administrative Tribunal Act 1998. Proposed new
subsection (5) provides that despite subsections (3) and (4), in the
case of a fee which has been postponed, the Tribunal may make
an order striking out the proceeding if the postponed fee is not
paid by the date specified for payment when it was postponed.
Clause 18 amends section 132 of the Victorian Civil and Administrative
Tribunal Act 1998 to further provide for the powers of the
principal registrar in relation to fees. Subclause (1) updates the
heading to reflect changes made by the clause. Proposed new
section 132(1) provides that the principal registrar in any case
may reduce, waive, postpone, remit or refund any fee payable
under this Act or the regulations if the principal registrar
considers that the payment of the fee would cause the person
responsible for its payment financial hardship or on any other
prescribed ground in the regulations.
The clause also amends section 132(2) of the Victorian Civil
and Administrative Tribunal Act 1998. Section 132(2)
provides that if costs are awarded by the Tribunal against a
person who has had a fee waived or reduced under subsection
(1), the person becomes liable to pay the amount of fee
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previously waived or reduced. The clause substitutes "waived or
reduced" for "reduced, waived, postponed, remitted or refunded"
where twice occurring.
Clause 19 amends section 161 of the Victorian Civil and Administrative
Tribunal Act 1998 to provide for additional regulation making
heads of power. The additional heads of power specifically
enable the regulations made under section 161 of the Victorian
Civil and Administrative Tribunal Act 1998 to--
· provide in a specified case or class of case for the
exemption of any proceeding, person or thing or a class
of proceeding, person or thing from any of the
provisions of the regulations, whether unconditionally
or on specified conditions, and either wholly or to such
an extent as is specified; and
· confer a discretionary authority or impose a duty on any
member or a specified class of member or on the
principal registrar; and
· leave any matter or thing dealt with by or in accordance
with the regulations to be decided by a member or a
specified class of member or by the principal registrar;
and
· in relation to regulations with respect to fees, provide
for different fees for different classes of party, provide
for the reduction, waiver, postponement, remission or
refund, in whole or in part, of any fee, provide, in
specified circumstances, for the reinstatement or
payment, in whole or in part, of any fee which was
reduced, waived, postponed, remitted or refunded by or
in accordance with the regulations.
The clause also inserts a new section 161(4) into the Victorian
Civil and Administrative Tribunal Act 1998 to provide that if
the regulations provide for a remission or refund of a fee fixed
under subsection (3)--
· if the fee has been paid into the Consolidated Fund, the
Consolidated Fund is, to the necessary extent,
appropriated accordingly to enable any remission or
refund to be paid; or
7
· if the fee has been paid into another fund or account, the
fee may be refunded from that fund or account.
Clause 20 inserts a new provision at the end of Schedule 2 of the Victorian
Civil and Administrative Tribunal Act 1998 to provide for
additional subject matter for rules. The additional subject matter
will enable rules to be made under section 157(2) of the
Victorian Civil and Administrative Tribunal Act 1998
regarding the form, content and procedure for the reduction,
waiver, postponement, remission, refund, reinstatement or
payment in whole or in part, of any fee fixed by or in accordance
with the regulations or reduced, waived, postponed, remitted or
refunded under section 132, including providing for different
periods for payment and postponement by the principal registrar
in relation to proceedings under different enabling enactments.
Part 8--Amendment of Crimes Act 1958
Clause 21 amends section 31(1)(ba) of the Crimes Act 1958 to insert a
missing word.
Clause 22 amends section 73 of the Crimes Act 1958, which is about theft.
Clause 22 inserts a new subsection (15) which makes clear that
the term "motor vehicle" in section 73 includes a "vessel", where
"vessel" has the same meaning as in the Marine Safety Act
2010. This amendment is intended to ensure that the use of
vessels without permission of the owner is treated in the same
way as unauthorised use of a motor vehicle for the purposes of
the law of theft.
Clause 23 amends section 319A of the Crimes Act 1958 to omit the
definition of control which when used in conjunction with
sections 319B(1)(a) and (2)(a)(ii) and 319C creates a "double
negative" and makes the offences in those sections ineffective.
This clause inserts a definition of failure to keep under control
to rectify this situation.
Clause 24 inserts new section 627 into the Crimes Act 1958, which sets out
transitional arrangements for the amendment introduced by
clause 22. The amendment will apply only to offences
committed after its commencement. If an offence is alleged to
have been committed between two dates, one before and one
after the date of commencement, it is taken to have been
committed prior to commencement.
8
Part 9--Amendment of Working with Children Act 2005
Clause 25 amends section 13(1)(b) of the Working with Children Act
2005 to clarify that an application for a working with children
check is a category B application if the application is made in
respect of a person who has been charged with or been convicted
or found guilty of an offence against section 41DA or 41DB of
the Summary Offences Act 1966 and the person was an adult at
the time of that charge, conviction or finding.
Clause 26 amends section 21AC(1) of the Working with Children Act
2005 so that the re-assessment of a person's eligibility to have
an assessment notice is a category B re-assessment if that person
has been charged with or been convicted or found guilty of an
offence against section 41DA or 41DB of the Summary
Offences Act 1966 and the person was an adult at the time of
that charge, conviction or finding.
Clause 27 amends section 21AD(1)(b) of the Working with Children Act
2005 so that the re-assessment of a person's eligibility to have
an assessment notice is a category C re-assessment if that person
has been charged with or been convicted or found guilty of an
offence against section 41DA or 41DB of the Summary
Offences Act 1966 and the person was a child at the time of that
charge, conviction or finding.
Clause 28 substitutes "re-assessed" for "reassessed" in section 21A(1) of the
Working with Children Act 2005 for consistency with that Act.
Clause 29 inserts into Schedule 2 to the Working with Children Act 2005
offences against section 49C and 327 of the Crimes Act 1958 or
offences under a law of a jurisdiction other than Victoria that,
if committed in Victoria, would constitute offences against
section 49C or 327 of that Act. These offences are category B
offences for the purposes of the Working with Children Act
2005.
Clause 30 amends clause 14A to Schedule 2 of the Working with Children
Act 2005 to ensure that offences equivalent to those under
section 41DA and 41DB of the Summary Offences Act 1966, if
committed in another jurisdiction, are offences for the purposes
of working with children checks.
9
Part 10--Amendment of Family Violence Protection Amendment
Act 2014
Clause 31 amends section 2(2) of the Family Violence Protection
Amendment Act 2014 to provide that 1 July 2016 is the default
commencement date of that Act, rather than 18 September 2015.
Clause 32 amends section 28 of the Family Violence Protection
Amendment Act 2014, which provides for the automatic repeal
of that Act on 18 September 2016. Clause 32 extends the
automatic repeal date to 1 July 2017.
Part 11--Amendment of Crimes (Mental Impairment and
Unfitness to be Tried) Act 1997
Clause 33 amends section 32(5) of the Crimes (Mental Impairment and
Unfitness to be Tried) Act 1997 to remove reference to the court
revoking a custodial supervision order. The Act does not allow
revocation of a custodial supervision order, only variation to a
non-custodial supervision order.
Clause 34 amends section 38ZO(3) of the Crimes (Mental Impairment
and Unfitness to be Tried) Act 1997 to remove reference to the
court revoking a custodial supervision order. The Act does not
allow revocation of a custodial supervision order, only variation
to a non-custodial supervision order. Section 38ZO applies to
Children's Court orders.
Clause 35 amends section 38ZR of the Crimes (Mental Impairment and
Unfitness to be Tried) Act 1997 to substitute "the Children's
Court" for "a court", as the section applies only to the Children's
Court.
Clause 36 amends section 38ZT(1)(c) of the Crimes (Mental Impairment
and Unfitness to be Tried) Act 1997 to substitute
"the Children's Court" for "a court", as the section applies
only to the Children's Court.
Clause 37 amends section 38ZW(1) of the Crimes (Mental Impairment
and Unfitness to be Tried) Act 1997 to substitute
"the Children's Court" for "a court", as the section applies
only to the Children's Court.
10
Part 12--Amendment of Corrections Act 1986
Clause 38 amends section 9AA(1)(b)(iii) of the Corrections Act 1986 to
provide that the Chief Commissioner of Police may also, for and
on behalf of the Crown, enter into an agreement with a person or
body, including the Secretary to the Department of Justice and
Regulation, for the provision by that person or body of services
related to the transport of patients within the meaning of the
Mental Health Act 2014 from a court, a police gaol or a
designated mental health service to a court, a police gaol or a
designated mental health service.
Clause 38 corrects an error arising from the Mental Health Act
2014 which came into operation on 1 July 2014. Item 6.2 of the
Schedule to that Act amended section 9AA(1)(b)(iii) of the
Corrections Act 1986 but unintentionally omitted some words
contained in section 9AA(1)(b)(iii) of the Corrections Act 1986
as in force before that amendment.
Since 1 July 2014, existing section 9AA(1)(b)(iii) of the
Corrections Act 1986 only allows for agreements for services
related to the transport of patients within the meaning of the
Mental Health Act 2014 from a designated mental health service
under that Act to a court or a police gaol or a designated mental
health service. The amendment in clause 38 makes clear that an
agreement under section 9AA(1)(b)(iii) of the Corrections Act
1986 can also cover the provision of transportation services of a
patient within the meaning of the Mental Health Act 2014 from
a court, a police gaol or a designated mental health service to a
court, a police gaol or a designated mental health service.
Clause 39 inserts new section 112D into the Corrections Act 1986.
New section 112D validates the transportation and detention
(and any function or power related to that transportation and
detention that is exercised during that transport and detention)
from 1 July 2014 to the date of the commencement of clause 38
by a person or body pursuant to an agreement entered into under
section 9AA(1)(b)(iii) of the Corrections Act 1986.
New subsection (1) defines relevant period as the period from
1 July 2014, being the date of the commencement of the Mental
Health Act 2014, to the date of the commencement of clause 38.
The relevant period is the period of the validation made by this
clause.
11
New subsection (2) provides that the transportation and detention
of a patient within the meaning of the Mental Health Act 2014,
and the exercise of any function or power related to that transport
and detention during the relevant period has the same force and
effect as if section 9AA(1)(b)(iii) of the Corrections Act 1986,
as amended by clause 38, had been in force. The exercise of any
function or power related to that transport and detention
includes--
· the functions and powers referred to in
section 9A(1B)(b) and (c) of the Corrections Act
1986 (such as the taking of reasonable steps in relation
to a patient's physical custody, safety and welfare;
giving orders or conducting search and seizure for
safety reasons; and applying an instrument of restraint
to a patient being transported, in accordance with those
provisions); and
· the use of reasonable force in accordance with
section 9CB of the Corrections Act 1986.
For example, subsection (2) applies to the transportation and
detention of a patient within the meaning of the Mental
Health Act 2014, and any functions and powers exercised in
relation to the transport and detention, by a person employed by
G4S Custodial Services Pty Ltd.
New subsection (3) provides that an instrument of authorisation
made under section 9A(1B) of the Corrections Act 1986 by the
Chief Commissioner of Police during the relevant period has the
same force and effect as if section 9AA(1)(b)(iii) of the
Corrections Act 1986 as amended by clause 38 had been in
force. The instrument of authorisation relates to a contractor
under an agreement entered into under section 9AA of that Act
or a sub-contractor of that contractor or a person employed by
that contractor or sub-contractor an agreement with a person
or body to provide transport services in relation to a patient.
For example, an instrument of authorisation of a person or
persons employed by G4S Custodial Services Pty Ltd who may
have conducted transportation and detention of a patient within
the meaning of the Mental Health Act 2014 from a court, a
police gaol or a designated mental health service to a court, a
police gaol or a designated mental health service.
12
Part 13--Amendment of Working with Children Amendment
(Ministers of Religion and Other Matters) Act 2014
Clause 40 amends section 9(1) of the Working with Children
Amendment (Ministers of Religion and Other Matters) Act
2014. That section intended to substitute section 9(1) of the
Working with Children Act 2005 excluding the example and
notes at the foot of the subsection. This amendment is made
retrospective to 25 October 2014 (the day before section 9(1) of
the 2014 Act came into operation) so that there is no doubt that
section 9(1) took effect as intended.
Part 14--Amendment of Road Legislation Amendment Act 2013
Clause 41 inserts a new section 7A in the Road Legislation Amendment
Act 2013. One of the main purposes of the Road Legislation
Amendment Act 2013 is to amend the Road Safety Act 1986 to
repeal the existing demerit point provisions in that Act and
replace them with a new, strengthened demerit point system.
These changes will take effect on 1 July 2015.
The new section 7A will insert a new section 103ZHB in Part 8
of the Road Safety Act 1986. Section 103ZHB is a transitional
provision and the effect of the amendment will be to clarify
that references to demerit points in the new demerit point
provisions which take effect on 1 July 2015 are references to
demerit points whether incurred before or after that date. This is
intended to ensure a seamless transition from the existing demerit
point system to the new one.
Section 103ZHB(1) provides that, for the purposes of the new
transitional provision, the term "commencement day" means the
day on which section 4 of the Road Legislation Amendment
Act 2013 comes into operation, being 1 July 2015. Section 4 is
the section that inserts a new Part 4 in the Road Safety Act 1986
containing the new demerit point provisions.
Section 103ZHB(2) provides that the new demerit point system
applies to all demerit points whether those points were incurred
before or after the commencement day.
13
Section 103ZHB(3) addresses those demerit point provisions that
use the word "incurs" in relation to demerit points. The intention
is to ensure that the use of this word is not misunderstood as a
reference only to demerit points incurred on or after the
commencement day but, rather, encompasses any demerit points
incurred before that date, in the manner set out in
section 103ZHB(3).
Part 15--Amendment of other Acts
Division 1--Miscellaneous amendments
Clause 42 amends Schedule 3 to the Criminal Procedure Act 2009 which
lists persons who may witness statements in a preliminary brief,
full brief or hand-up brief. The amendment includes in that
Schedule persons authorised under section 31(1) of the Heavy
Vehicle National Law Application Act 2013 to commence a
proceeding for an offence against the Heavy Vehicle National
Law (Victoria).
Clause 43 amends section 94(3)(b)(ii) of the Coroners Act 2008 to
substitute the reference to "an acting coroner" with a reference to
"a coroner". Section 83(2)(c) of the Courts Legislation
Amendment Judicial Officers) Act 2013 amended this section
but unintentionally did not amend this reference.
Clause 44 repeals section 139A(2) of the Magistrates' Court Act 1989.
Section 139A(2) is no longer required as it was inserted because
of section 121A, which has been repealed by the Honorary
Justices Act 2014.
Clause 45 amends section 4 of the Personal Safety Intervention Orders
Act 2010 to replace the definition of "working day" with the
same definition of that term that is found in the Family Violence
Protection Act 2008.
Clause 46 amends section 3 of the Sentencing Amendment (Historical
Homosexual Convictions Expungement) Act 2014 to replace
the phrase "him or her" with gender neutral language in proposed
section 105(3) of the Sentencing Act 1991, which is to be
inserted by section 3 of the 2014 Act.
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Division 2--Statute law revision amendments
Clause 47 amends section 40(1) of the Administration and Probate Act
1958 to remove the unnecessary word "by".
Clause 48 amends section 154 of the Children, Youth and Families
Amendment (Permanent Care and Other Matters) Act 2014
to replace the word "section", in clause 16(3) of proposed
Schedule 5 to the Children, Youth and Families Act 2005, with
the correct word "clause". Clause 16(3) is to be inserted by
section 154 of the 2014 Act.
Clause 49 amends section 464NA(4)(a) of the Crimes Act 1958 to insert
the missing word "of".
Clause 50 amends sections 30(b), 31 and 33(4)(c) of the Crimes
Amendment (Sexual Offences and Other Matters) Act 2014.
Subclause (1) amends section 30(b) to insert the missing word
"section" in proposed paragraph (cc) in the definition of sexual
offence in section 1.1.3(1) of the Education and Training
Reform Act 2006. Paragraph (cc) is to be inserted by
section 30(b) of the 2014 Act.
Subclause (2) amends section 31 of the 2014 Act to insert the
missing word "section" in proposed item 2 of Schedule 2 to the
Liquor Control Reform Act 1998, which is to be inserted by
section 31 of the 2014 Act.
Subclause (3) amends section 33(4)(c) of the Crimes
Amendment (Sexual Offences and Other Matters) Act 2014
to insert the missing word "for".
Clause 51 amends section 8 of the Family Violence Protection
Amendment Act 2014 to insert missing paragraph numbers in
proposed section 56A(2) of the Family Violence Protection Act
2008, which is to be inserted by section 8 of the 2014 Act.
Clause 52 amends the Fines Reform Act 2014.
Subclause (1) amends section 262(2) to insert the missing word
"section".
Subclause (2) amends section 315 to remove unnecessary
punctuation.
15
Clause 53 amends section 163(2) of the Powers of Attorney Act 2014 to
remove unnecessary punctuation from proposed section 35(3) of
the Trustee Act 1958, which is to be inserted by section 163(2)
of the 2014 Act.
Clause 54 amends section 10A(2A)(b) of the Sentencing Act 1991 to
correct a spelling error.
Clause 55 amends section 3 of the Sentencing Amendment (Historical
Homosexual Convictions Expungement) Act 2014.
Subclause (1) amends section 3 of the 2014 Act to correct
incorrect wording in paragraph (b) of the definition of applicant
in proposed section 105(1) of the Sentencing Act 1991, which is
to be inserted by section 3 of the 2014 Act.
Subclause (2) amends section 3 of the 2014 Act to insert a
missing conjunction "or" at the end of paragraph (d) of the
definition of appropriate representative, in proposed
section 105(1) of the Sentencing Act 1991, which is to be
inserted by section 3 of the 2014 Act.
Subclause (3) amends section 3 of the 2014 Act to insert a
missing conjunction "or" at the end of paragraph (f) of the
definition of appropriate representative, in proposed
section 105(1) of the Sentencing Act 1991, which is to be
inserted by section 3 of the 2014 Act.
Division 3--Amendments relating to complicity
Clause 56 provides that An Act specified in the heading to an item in
Schedule 1 is amended as set out in that item. The amendments
in Schedule 1 are consequent on the Crimes Amendment
(Abolition of Defensive Homicide) Act 2014 (see clause note
on Schedule 1 for further explanation).
Part 15--Repeal of amending Act
Clause 57 provides for the automatic repeal of this amending Act on 1 July
2018. The repeal of this Act does not affect the continuing
operation of the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
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Schedule 1--Amendments relating to complicity
Schedule 1 contains amendments to various Acts that are consequential to
the Crimes Amendment (Abolition of Defensive Homicide) Act 2014.
Section 6 of the 2014 Act inserted a new Subdivision 1 of Division 1 of
Part II of the Crimes Act 1958 (Complicity in commission of offences),
which provides a new framework for criminal liability when a person is
involved in the commission of an offence. This new framework replaced
sections 323 and 324 of the Crimes Act 1958 (Abettors in indictable
offences and offences punishable summarily). Section 7(14) of the 2014 Act
repealed section 52 of the Magistrates' Court Act 1989 (Abettors in
summary offences) because this section was covered by new Subdivision 1
of Division 1 of Part II of the Crimes Act 1958 which applies to summary
and indictable offences.
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