Victorian Bills Victorian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Firearms and Other Acts Amendment Act 2021
No. of 2021
TABLE OF PROVISIONS
Clause Page
Part 1--Preliminary 1
1 Purposes 1
2 Commencement 4
Part 2--Amendment of Control of Weapons Act 1990 5
3 New section 18 inserted 5
Part 3--Amendment of Criminal Procedure Act 2009 9
4 Section 387P substituted 9
Part 4--Amendment of Evidence (Miscellaneous Provisions)
Act 1958 10
5 Appearance of adult accused before Magistrates' Court 10
6 New section 42MAA inserted 10
7 Practice directions 11
Part 5--Amendment of Firearms Act 1996 12
8 Definitions 12
9 New section 3C inserted 12
10 Information which is required for an application for a licence 13
11 Requirement to notify Chief Commissioner of change of
nominated person 14
12 Renewal of licences 14
13 Information required for an application by a natural person for a
dealers licence 14
14 Information required for an application by a body corporate for
a dealers licence 14
15 Renewal of dealers licences 15
16 Requirement to notify Chief Commissioner of persons
employed in business or change of nominated person 15
17 Persons to whom a dealer can dispose of firearms 15
18 Hiring and loaning of firearms by licensed firearms dealers 16
19 New section 100B inserted 17
20 New section 101C inserted 17
21 New section 112CA inserted 18
22 Delegation of power to make order 18
i
Clause Page
23 Approved handgun target shooting clubs--reporting
requirements 19
24 Schedule 4--Storage requirements 19
Part 6--Amendment of Sex Offenders Registration Act 2004 21
25 Definition of strict supervision substituted 21
26 Application for registration exemption order 21
27 Registrable offender to report return to Victoria or decision not
to leave 21
28 Where assessment report raises concerns about impact of final
prohibition order 21
29 Exclusion conditions where registrable offender is a child 22
30 Section 73H repealed 22
31 Section 73I repealed 22
32 New section 73K inserted 22
33 Schedule 1--Class 1 offences 23
34 Schedule 2--Class 2 offences 23
35 Schedule 5--Specified offences 27
Part 7--Amendment of Victoria Police Act 2013 29
36 Promotion of protective services officers 29
37 New section 44A inserted 29
38 Promotion and transfer appeals--protective services officers 30
Part 8--Repeal of this Act 31
39 Repeal of this Act 31
═════════════
Endnotes 32
1 General information 32
ii
Firearms and Other Acts Amendment
Act 2021
No. of 2021
[Assented to ]
The Parliament of Victoria enacts:
Part 1--Preliminary
1 Purposes
The main purposes of this Act are--
(a) to amend the Control of Weapons Act 1990
to exempt protective services officers
engaged in official duties from the operation
of certain offences under that Act on or after
17 September 1995 and before 22 September
2020 regarding oleoresin capsicum spray;
and
1
Firearms and Other Acts Amendment Act 2021
No. of 2021
Part 1--Preliminary
(b) to amend the Criminal Procedure
Act 2009--
(i) to provide that section 387O is repealed
on the 4th anniversary of the
commencement of Division 7B of
Part 8.2 of Chapter 8; and
(ii) to extend the operation of Division 7B
of Part 8.2 of Chapter 8 to provide that
it is repealed on the 6th anniversary of
its commencement; and
(c) to amend the Evidence (Miscellaneous
Provisions) Act 1958 to enable the
Magistrates' Court to direct that an accused
appear before the Magistrates' Court by
audio visual link in limited circumstances in
relation to a first remand hearing; and
(d) to amend the Firearms Act 1996--
(i) to enable the Chief Commissioner,
following a temporary or permanent
declaration under section 3A or 3B, to
allow a person who held an existing
firearms licence to retain or renew that
licence for the purposes of possessing,
carrying or using the reclassified
firearm under the existing licence; and
(ii) to clarify the form of documents
regarding proof of identity to be
provided to the Chief Commissioner;
and
(iii) in relation to the hire or loan, disposal
and storage of firearms; and
(iv) to clarify how firearms and firearms
parts are to be sent by post by licensed
firearms dealers; and
2
Firearms and Other Acts Amendment Act 2021
No. of 2021
Part 1--Preliminary
(v) to provide that it is an offence for a
person to whom a firearm prohibition
order applies to fail to notify the Chief
Commissioner of a change of address;
and
(vi) to allow the Chief Commissioner to
delegate the power to make a firearm
prohibition order to chief
superintendents, superintendents and
inspectors who have responsibility over
certain portfolios; and
(vii) to make minor and technical
amendments; and
(e) to amend the Sex Offenders Registration
Act 2004--
(i) as a consequence of the enactment of
the Combatting Child Sexual
Exploitation Legislation Amendment
Act 2019 of the Commonwealth and the
Crimes Legislation Amendment
(Sexual Crimes Against Children and
Other Measures) Act 2020 of the
Commonwealth; and
(ii) to reduce the timeframe that a
registrable offender is required to report
their return to Victoria from interstate;
and
(f) to amend the Victoria Police Act 2013--
(i) to enable a protective services officer to
be promoted to the rank of protective
services officer senior in the same
position; and
(ii) to validate the promotion of a
protective services officer to the rank of
a protective services officer senior in
3
Firearms and Other Acts Amendment Act 2021
No. of 2021
Part 1--Preliminary
the same position on or after 1 April
2020.
2 Commencement
(1) This Act (except Parts 5 and 6) comes into
operation on the day after the day on which this
Act receives the Royal Assent.
(2) Subject to subsection (3), Parts 5 and 6 come into
operation on a day or days to be proclaimed.
(3) If a provision of Part 5 or 6 does not come into
operation before 30 August 2022, it comes into
operation on that day.
4
Firearms and Other Acts Amendment Act 2021
No. of 2021
Part 2--Amendment of Control of Weapons Act 1990
Part 2--Amendment of Control of Weapons
Act 1990
3 New section 18 inserted
After section 17 of the Control of Weapons
Act 1990 insert--
"18 Validation of the use etc. of oleoresin
capsicum spray by protective services
officers engaged in official duties on or
after 17 September 1995 and before
22 September 2020
(1) If, on or after 17 September 1995 and before
22 September 2020, a protective services
officer engaged in official duties--
(a) brought a prohibited weapon into
Victoria or caused a prohibited weapon
to be brought into or sent into Victoria;
or
(b) possessed, used or carried a prohibited
weapon--
the protective services officer is taken not to
have committed a relevant offence as if an
exemption under subsection (2) had been
granted, to exempt protective services
officers from the operation of the relevant
offence in relation to the prohibited weapon,
and the exemption was valid and in force at
the time of the protective services officer's
conduct.
(2) For the purposes of subsection (1),
exemption means--
(a) on or after 17 September 1995 and
before 17 December 2000--an
exemption granted by the Governor in
Council under section 5(2) as in force
5
Firearms and Other Acts Amendment Act 2021
No. of 2021
Part 2--Amendment of Control of Weapons Act 1990
before the commencement of sections 6
and 9 of the Control of Weapons
(Amendment) Act 2000; or
(b) on or after 17 December 2000--an
exemption granted by the Governor in
Council under section 8B.
(3) If, on or after 8 November 2007 and before
22 September 2020, a protective services
officer engaged in official duties, possessed,
used or carried a prohibited weapon in a
licensed premises or in a public place that is
in the immediate vicinity of a licensed
premises, the protective services officer is
taken not to have committed an offence
against section 5(1A) as if--
(a) an exemption under section 8B had
been granted to exempt protective
services officers from the operation of
section 5(1A) in relation to the
prohibited weapon; and
(b) the exemption was valid and in force at
the time of the protective services
officer's conduct.
(4) If, on or after 16 May 2012 and before
22 September 2020, a protective services
officer engaged in official duties, possessed,
used or carried a prohibited weapon, the
protective services officer is taken not to
have committed an offence against
section 5AA as if--
(a) an exemption under section 8B had
been granted to exempt protective
services officers from the operation of
section 5AA in relation to the
prohibited weapon; and
6
Firearms and Other Acts Amendment Act 2021
No. of 2021
Part 2--Amendment of Control of Weapons Act 1990
(b) the exemption was valid and in force at
the time of the protective services
officer's conduct.
(5) This section does not apply to a protective
services officer who is a prohibited person
on or after 17 December 2000 and before
22 September 2020.
(6) In this section--
prohibited weapon means--
(a) on or after 17 September 1995 and
before 17 December 2000--a
prescribed weapon within the
meaning of section 3, as in force
before the commencement of
section 5(2) of the Control of
Weapons (Amendment)
Act 2000, that is an article
designed or adapted to discharge
oleoresin capsicum spray
(however described); or
(b) on or after 17 December 2000--
an article designed or adapted to
discharge oleoresin capsicum
spray (however described);
protective services officer means--
(a) on or after 17 September 1995 and
before 1 July 2014--a protective
services officer appointed under
section 118B of the Police
Regulation Act 1958; or
(b) on or after 1 July 2014--a
protective services officer within
the meaning of the Victoria
Police Act 2013;
7
Firearms and Other Acts Amendment Act 2021
No. of 2021
Part 2--Amendment of Control of Weapons Act 1990
relevant offence means--
(a) in the case of conduct occurring
on or after 17 September 1995 and
before 17 December 2000--an
offence against section 5(1)(a), (b)
or (d) (as the case requires) as in
force before the commencement
of section 6 of the Control of
Weapons (Amendment)
Act 2000; or
(b) in the case of conduct occurring
on or after 17 December 2000 and
before 22 August 2010--an
offence against section 5(1)(a),
(b) or (e) (as the case requires) as
in force before the commencement
of section 5 of the Control of
Weapons Amendment Act 2010;
or
(c) in the case of conduct occurring
on or after 22 August 2010 and
before 16 May 2012--an offence
against section 5(1)(a), (b) or (e)
(as the case requires) as in force
before the commencement of
section 3 of the Control of
Weapons and Firearms Acts
Amendment Act 2012; or
(d) in the case of conduct occurring
on or after 16 May 2012--an
offence against section 5(1)(a) or
(b) (as the case requires).".
8
Firearms and Other Acts Amendment Act 2021
No. of 2021
Part 3--Amendment of Criminal Procedure Act 2009
Part 3--Amendment of Criminal Procedure
Act 2009
4 Section 387P substituted
For section 387P of the Criminal Procedure
Act 2009 substitute--
"387P Repeal of Division
(1) Section 387O is repealed on the 4th
anniversary of the commencement of this
Division.
(2) This Division is repealed on the 6th
anniversary of its commencement.".
9
Firearms and Other Acts Amendment Act 2021
No. of 2021
Part 4--Amendment of Evidence (Miscellaneous Provisions) Act 1958
Part 4--Amendment of Evidence
(Miscellaneous Provisions) Act 1958
5 Appearance of adult accused before Magistrates'
Court
For section 42JA(3) of the Evidence
(Miscellaneous Provisions) Act 1958
substitute--
"(3) Unless the Magistrates' Court makes a
direction under section 42MAA(1), an
accused, other than a child, who has been
taken into custody and who is required to be
brought before a bail justice or the
Magistrates' Court within a reasonable time
of being taken into custody to be dealt with
according to law is, if being brought before
the Magistrates' Court, required to be
brought physically before the court.".
6 New section 42MAA inserted
After section 42M of the Evidence
(Miscellaneous Provisions) Act 1958 insert--
"42MAA Making of direction for audio visual
appearance in section 42JA(3)
proceedings
(1) The Magistrates' Court may direct that an
accused appear before it by audio visual link
in a proceeding in which, by virtue of section
42JA(3), physical appearance would
otherwise be required if it is satisfied that
appearance by audio visual link is consistent
with the interests of justice and either--
(a) the accused consents to appear by audio
visual link; or
(b) it is satisfied that exceptional
circumstances exist.
10
Firearms and Other Acts Amendment Act 2021
No. of 2021
Part 4--Amendment of Evidence (Miscellaneous Provisions) Act 1958
(2) The Magistrates' Court may make a direction
under this section--
(a) on its own motion; or
(b) on an application made by or on behalf
of the accused, the prosecution or a
police officer at any time up to 2 hours
before the time at which the accused is
due to appear.
(3) An application under subsection (2)(b) is to
be made orally or in writing to the
Magistrates' Court.
(4) The exercise of the power conferred on the
Magistrates' Court to make a direction under
this section is subject to any practice
directions.".
7 Practice directions
After section 42UA(c) of the Evidence
(Miscellaneous Provisions) Act 1958 insert--
"(ca) section 42MAA;".
11
Firearms and Other Acts Amendment Act 2021
No. of 2021
Part 5--Amendment of Firearms Act 1996
Part 5--Amendment of Firearms Act 1996
8 Definitions
In paragraph (i) of the definition of firearm in
section 3(1) of the Firearms Act 1996, for "air to
other" substitute "air or other".
9 New section 3C inserted
After section 3B of the Firearms Act 1996
insert--
"3C Chief Commissioner may allow a person
to continue to be licensed or renew
firearms licence following temporary or
permanent declaration
(1) If, the Chief Commissioner makes a
declaration in relation to a firearm in
accordance with section 3A or 3B, the Chief
Commissioner may, on and after the relevant
day, allow a person who, immediately before
the relevant day, held a category A, B, C, D
or E longarm licence and was in possession
of the firearm declared to be of a particular
category by the Chief Commissioner to--
(a) continue to be licensed to possess, carry
or use the firearm under the person's
existing category A, B, C, D or E
longarm licence (as the case requires)
until the earlier of the following
occurs--
(i) the firearm is disposed of;
(ii) the person's licence expires;
(iii) the person's licence is surrendered,
suspended or cancelled; or
12
Firearms and Other Acts Amendment Act 2021
No. of 2021
Part 5--Amendment of Firearms Act 1996
(b) renew the person's category A, B, C, D
or E longarm licence (as the case
requires) in accordance with Part 2 for
the purposes of continuing to be
licensed to possess, carry or use the
firearm under that licence until the
earlier of the following occurs--
(i) the firearm is disposed of;
(ii) the person's licence expires;
(iii) the person's licence is surrendered,
suspended or cancelled.
(2) The Chief Commissioner must notify, in
writing, a person referred to in subsection (1)
of the Chief Commissioner's decision.
Note
The Electronic Transactions (Victoria) Act 2000
applies to enable the Chief Commissioner to notify a
person electronically, including by email, in
accordance with that Act.
(3) In this section--
relevant day means the day on which a
declaration made by the Chief
Commissioner under section 3A or 3B
is published in the Government Gazette
under section 3A(2) or 3B(3) (as the
case requires).".
10 Information which is required for an application for
a licence
In section 32 of the Firearms Act 1996--
(a) for subsection (1)(a) substitute--
"(a) proof of the identity of the applicant in
the form approved by the Chief
Commissioner; and";
13
Firearms and Other Acts Amendment Act 2021
No. of 2021
Part 5--Amendment of Firearms Act 1996
(b) for subsections (2)(c)(i) and (3)(c)(i)
substitute--
"(i) proof of the identity of each person in
the form approved by the Chief
Commissioner; and".
11 Requirement to notify Chief Commissioner of
change of nominated person
For section 40(3)(b)(i) of the Firearms Act 1996
substitute--
"(i) proof of the identity of the person in the form
approved by the Chief Commissioner; and".
12 Renewal of licences
For section 41(4)(b)(i) of the Firearms Act 1996
substitute--
"(i) proof of the identity of the new persons in
the form approved by the Chief
Commissioner; and".
13 Information required for an application by a
natural person for a dealers licence
For section 64(a) of the Firearms Act 1996
substitute--
"(a) proof of the identity of the applicant and any
person the applicant proposes to employ in
the business in a form approved by the Chief
Commissioner; and".
14 Information required for an application by a body
corporate for a dealers licence
For section 65(c)(i) of the Firearms Act 1996
substitute--
"(i) proof of the identity of each person in a form
approved by the Chief Commissioner; and".
14
Firearms and Other Acts Amendment Act 2021
No. of 2021
Part 5--Amendment of Firearms Act 1996
15 Renewal of dealers licences
For section 72(4)(a) of the Firearms Act 1996
substitute--
"(a) proof of the identity of the new persons in a
form approved by the Chief Commissioner;
and".
16 Requirement to notify Chief Commissioner of
persons employed in business or change of
nominated person
For section 75(4)(b)(i) of the Firearms Act 1996
substitute--
"(i) proof of the identity of the person in a form
approved by the Chief Commissioner; and".
17 Persons to whom a dealer can dispose of firearms
For section 94(1), (2) and (3) of the Firearms
Act 1996 substitute--
"(1) A licensed firearms dealer must not dispose
of a category A or B longarm unless the
firearm is being disposed of to a person
who--
(a) produces to the licensed firearms dealer
a valid licence to possess, carry or use
the firearm that is issued to the person
under Part 2; and
(b) is a person listed in subsection (4).
Penalty: 60 penalty units or 12 months
imprisonment.
(2) A licensed firearms dealer must not dispose
of a category C or D longarm or a general
category handgun unless the firearm or
handgun is being disposed of to a person
who--
15
Firearms and Other Acts Amendment Act 2021
No. of 2021
Part 5--Amendment of Firearms Act 1996
(a) produces to the licensed firearms dealer
a valid licence to possess, carry or use
the firearm or the handgun (as the case
requires) that is issued to the person
under Part 2; and
(b) is a person listed in subsection (4).
Penalty: 120 penalty units or 2 years
imprisonment.
(3) A licensed firearms dealer must not dispose
of a category E longarm, category E handgun
or any other firearm (other than a firearm or
handgun referred to in subsection (1) or (2))
unless the firearm or handgun is being
disposed of to a person who--
(a) produces to the licensed firearms dealer
a valid licence to possess, carry or use
the firearm or handgun (as the case
requires) that is issued to the person
under Part 2; and
(b) is a person listed in subsection (4).
Penalty: 240 penalty units or 4 years
imprisonment.".
18 Hiring and loaning of firearms by licensed firearms
dealers
At the end of section 100A of the Firearms
Act 1996 insert--
"(2) A licensed firearms dealer must not hire or
loan a firearm to a person for a period of
more than 30 days.
Penalty: 120 penalty units or 2 years
imprisonment.".
16
Firearms and Other Acts Amendment Act 2021
No. of 2021
Part 5--Amendment of Firearms Act 1996
19 New section 100B inserted
After section 100A of the Firearms Act 1996
insert--
"100B Extension of hire or loan of firearms by
licensed firearms dealers
(1) On or before the expiry of the period referred
to in section 100A(2), a person who hires or
loans a firearm from a licensed firearms
dealer may make an application to the
licensed firearms dealer to extend the period
of the hire or loan.
(2) An application under subsection (1) must be
made in writing.
(3) A licensed firearms dealer must not extend
the period of the hire or loan of a firearm for
a period of more than 30 days.
Penalty: 120 penalty units or 2 years
imprisonment.".
20 New section 101C inserted
After section 101B of the Firearms Act 1996
insert--
"101C Licensed firearms dealer sending firearms
or firearms parts by post to another
licensed firearms dealer
If a licensed firearms dealer sends a firearm
or firearms parts to another licensed firearms
dealer by post within or outside Victoria, the
licensed firearms dealer must ensure that any
package containing the firearm or firearms
parts--
(a) is labelled in a way that does not
identify the contents of the package;
and
17
Firearms and Other Acts Amendment Act 2021
No. of 2021
Part 5--Amendment of Firearms Act 1996
(b) is sent using a postal service or other
courier service that--
(i) electronically tracks the
movement and delivery of the
package; and
(ii) requires the licensed firearms
dealer to whom the package is
sent to personally receive the
package.
Penalty: 10 penalty units.".
21 New section 112CA inserted
After section 112C of the Firearms Act 1996
insert--
"112CA Offence to fail to notify Chief
Commissioner of change of address
A person to whom a firearm prohibition
order applies must notify the Chief
Commissioner of any change to the person's
residential address within 24 hours of the
change occurring.
Penalty: 50 penalty units or 12 months
imprisonment.".
22 Delegation of power to make order
For section 112F(1)(e) of the Firearms Act 1996
substitute--
"(e) a person who has the rank of chief
superintendent or superintendent; or
(f) a person who has the rank of inspector who
has responsibility over one or more of the
following portfolio types--
(i) crime;
(ii) transit and public safety;
18
Firearms and Other Acts Amendment Act 2021
No. of 2021
Part 5--Amendment of Firearms Act 1996
(iii) intelligence and covert support;
(iv) licensing and regulation;
(v) family violence;
(vi) counter terrorism;
(vii) tasking and coordination;
(viii) investigation and response;
(ix) local area commanders (police service
areas);
(x) operational support.".
23 Approved handgun target shooting clubs--
reporting requirements
For section 123C(2)(b) of the Firearms Act 1996
substitute--
"(b) in a form and manner approved by the Chief
Commissioner.".
24 Schedule 4--Storage requirements
(1) For item 1(1) of Schedule 4 to the Firearms
Act 1996 substitute--
"(1) The firearm must be stored in a purpose-built
steel storage receptacle that--
(a) is of a thickness of at least 1⸱6 mm that
complies with Australian/New Zealand
Standard 1594:2002 (as amended from
time to time); and
(b) if the receptacle weighs less than
150 kilograms when it is empty, must
be bolted to the structure of the
premises where the firearm is
authorised to be kept; and
(c) is locked with a lock of sturdy
construction when the firearm is stored
in it.".
19
Firearms and Other Acts Amendment Act 2021
No. of 2021
Part 5--Amendment of Firearms Act 1996
(2) For item 2(1) of Schedule 4 to the Firearms
Act 1996 substitute--
"(1) The firearm must be stored in a purpose-built
steel storage receptacle that--
(a) is of a thickness of at least 1⸱6 mm that
complies with Australian/New Zealand
Standard 1594:2002 (as amended from
time to time); and
(b) if the receptacle weighs less than
150 kilograms when it is empty, must
be bolted to the structure of the
premises where the firearm is
authorised to be kept; and
(c) is locked with a lock of sturdy
construction when the firearm is stored
in it.".
(3) In item 2(2A) of Schedule 4 to the Firearms
Act 1996, for "container" (wherever occurring)
substitute "receptacle".
(4) In item 2(3) of Schedule 4 to the Firearms
Act 1996, for "safe" substitute "receptacle".
20
Firearms and Other Acts Amendment Act 2021
No. of 2021
Part 6--Amendment of Sex Offenders Registration Act 2004
Part 6--Amendment of Sex Offenders
Registration Act 2004
25 Definition of strict supervision substituted
For the definition of strict supervision in
section 3(1) of the Sex Offenders Registration
Act 2004 substitute--
"strict supervision means supervision by--
(a) the Secretary; or
(b) a person employed within the
Department of Justice and Community
Safety; or
(c) an authority of a foreign jurisdiction in
the nature of an authority referred to in
paragraph (a) or (b);".
26 Application for registration exemption order
In section 11A(3) and (4)(a) of the Sex Offenders
Registration Act 2004 omit "or child
pornography".
27 Registrable offender to report return to Victoria or
decision not to leave
In section 20(2) of the Sex Offenders
Registration Act 2004 for "after entering and
remaining in Victoria for 7 or more consecutive
days" substitute "of entering and remaining in
Victoria".
28 Where assessment report raises concerns about
impact of final prohibition order
In section 66M(2) of the Sex Offenders
Registration Act 2004, for "Health and Human
Services" substitute "Justice and Community
Safety".
21
Firearms and Other Acts Amendment Act 2021
No. of 2021
Part 6--Amendment of Sex Offenders Registration Act 2004
29 Exclusion conditions where registrable offender is a
child
In section 66R(3) of the Sex Offenders
Registration Act 2004, for "Health and Human
Services" substitute "Justice and Community
Safety".
30 Section 73H repealed
Section 73H of the Sex Offenders Registration
Act 2004 is repealed.
31 Section 73I repealed
Section 73I of the Sex Offenders Registration
Act 2004 is repealed.
32 New section 73K inserted
After section 73J of the Sex Offenders
Registration Act 2004 insert--
"73K Transitional provision--Firearms and
Other Acts Amendment Act 2021--
Application for registration exemption
order
(1) If--
(a) on or after 21 September 2019 and
before the commencement day, a
person has been found guilty by a court
of an offence against sections
474.22(1), 474.22A(1) or 474.23(1) of
the Criminal Code of the
Commonwealth; and
(b) the person satisfies the requirements of
section 11A(1), (2) and (3)--
the person may, on and after the
commencement day, apply for a registration
exemption order under section 11A in
respect of that offence as if item 28D of
Schedule 2 as inserted by section 34(1) of
22
Firearms and Other Acts Amendment Act 2021
No. of 2021
Part 6--Amendment of Sex Offenders Registration Act 2004
the amending Act and item 5 of Schedule 5
as substituted by section 35(2) of the
amending Act had been in operation before
the commencement day.
(2) In this section--
amending Act means the Firearms and
Other Acts Amendment Act 2021;
commencement day means the day on which
Part 6 of the amending Act comes into
operation.".
33 Schedule 1--Class 1 offences
(1) In item 8A(vii) of Schedule 1 to the Sex
Offenders Registration Act 2004, for
"Australia);" substitute "Australia).".
(2) Item 8A(viii) of Schedule 1 to the Sex Offenders
Registration Act 2004 is repealed.
34 Schedule 2--Class 2 offences
(1) For items 28AA, 28AB, 28AC and 28A of
Schedule 2 to the Sex Offenders Registration
Act 2004 substitute--
'28A. An offence against section 271.4 (trafficking
in children) or section 271.7 (domestic
trafficking in children) of the Criminal Code
of the Commonwealth in circumstances
where the purpose of the exploitation is to
provide sexual services within the meaning
of that section.
28B. An offence against any of the following
sections of the Criminal Code of the
Commonwealth--
(i) section 272.15(1) ("grooming" child to
engage in sexual activity outside
Australia);
23
Firearms and Other Acts Amendment Act 2021
No. of 2021
Part 6--Amendment of Sex Offenders Registration Act 2004
(ii) section 272.15A(1) ("grooming" person
to make it easier to engage in sexual
activity with a child outside Australia);
(iii) section 272.18(1) (benefiting from
offence against this Division of the
Criminal Code of the Commonwealth);
(iv) section 272.19(1) (encouraging offence
against this Division of the Criminal
Code of the Commonwealth);
(v) section 272.20(1) and (2) (preparing for
or planning offence against this
Division of the Criminal Code of the
Commonwealth);
(vi) section 273.6(1) (possessing,
controlling, producing, distributing or
obtaining child abuse material outside
Australia) except if the offence only
relates to material that depicts,
represents or describes a person who is,
or appears to be, or is implied to be, a
victim of cruelty or physical abuse,
where the cruelty or physical abuse is
not sexual;
(vii) section 273.7(1) (aggravated offence--
offence involving conduct on 3 or more
occasions and 2 or more people) except
if the offence only relates to material
that depicts, represents or describes a
person who is, or appears to be, or is
implied to be, a victim of cruelty or
physical abuse, where the cruelty or
physical abuse is not sexual;
(viii) section 273A.1 (possession of
child-like sex dolls etc).
24
Firearms and Other Acts Amendment Act 2021
No. of 2021
Part 6--Amendment of Sex Offenders Registration Act 2004
28C. An offence against any of the following
sections of the Criminal Code of the
Commonwealth--
(i) section 471.22 (aggravated offence--
offence involving conduct on 3 or more
occasions and 2 or more people) except
if the offence only relates to material
that depicts, represents or describes a
person who is, or appears to be, or is
implied to be, a victim of cruelty or
physical abuse, where the cruelty or
physical abuse is not sexual;
(ii) section 471.24 (using a postal or similar
service to procure persons under 16);
(iii) section 471.25 (using a postal or similar
service to "groom" persons under 16);
(iv) section 471.25A(1), (2) or (3) (using a
postal or similar service to "groom"
another person to make it easier to
procure persons under 16);
(v) section 471.26 (using a postal or similar
service to send indecent material to
person under 16).
28D. An offence against any of the following
sections of the Criminal Code of the
Commonwealth--
(i) section 474.22(1) (using a carriage
service for child abuse material);
(ii) section 474.22A(1) (possessing or
controlling child abuse material
obtained or accessed using a carriage
service) except if the offence only
relates to material that depicts,
represents or describes a person who is,
or appears to be, or is implied to be, a
victim of cruelty or physical abuse,
25
Firearms and Other Acts Amendment Act 2021
No. of 2021
Part 6--Amendment of Sex Offenders Registration Act 2004
where the cruelty or physical abuse is
not sexual;
(iii) section 474.23(1) (possessing,
controlling, producing, supplying or
obtaining child abuse material through
a carriage service) except if the offence
only relates to material that depicts,
represents or describes a person who is,
or appears to be, or is implied to be, a
victim of cruelty or physical abuse,
where the cruelty or physical abuse is
not sexual;
(iv) section 474.23A(1) (conduct for the
purposes of electronic service used for
child abuse material);
(v) section 474.24A (aggravated offence--
offence involving conduct on 3 or more
occasions and 2 or more people) except
if the offence only relates to material
that depicts, represents or describes a
person who is, or appears to be, or is
implied to be, a victim of cruelty or
physical abuse, where the cruelty or
physical abuse is not sexual;
(vi) section 474.25A (using a carriage
service for sexual activity with person
under 16 years of age);
(vii) section 474.25B (aggravated offence--
using a carriage service for sexual
activity with person under 16 years of
age);
(viii) section 474.26 (using a carriage service
to procure persons under 16 years of
age);
26
Firearms and Other Acts Amendment Act 2021
No. of 2021
Part 6--Amendment of Sex Offenders Registration Act 2004
(ix) section 474.27 (using a carriage service
to "groom" persons under 16 years of
age);
(x) section 474.27A(1) (using a carriage
service to transmit indecent
communication to person under
16 years of age);
(xi) section 474.27AA(1), (2) or (3) (using a
carriage service to "groom" another
person to make it easier to procure
persons under 16 years of age).'.
(2) In item 29 of Schedule 2 to the Sex Offenders
Registration Act 2004 omit "of child
pornography or".
35 Schedule 5--Specified offences
(1) Items 3 and 4 of Schedule 5 to the Sex Offenders
Registration Act 2004 are repealed.
(2) For item 5 of Schedule 5 to the Sex Offenders
Registration Act 2004 substitute--
"5. An offence against any of the following
provisions of the Criminal Code of the
Commonwealth--
(a) section 272.8(1) (sexual intercourse
with child outside Australia);
(b) section 272.9(1) (sexual activity (other
than sexual intercourse) with child
outside Australia);
(c) section 471.26(1) (using a postal or
similar service to send indecent
material to person under 16);
(d) section 474.22(1) (using a carriage
service for child abuse material) except
if the offence only relates to material
that depicts, represents or describes a
27
Firearms and Other Acts Amendment Act 2021
No. of 2021
Part 6--Amendment of Sex Offenders Registration Act 2004
person who is, or appears to be, or is
implied to be, a victim of cruelty or
physical abuse, where the cruelty or
physical abuse is not sexual;
(e) section 474.22A(1) (possessing or
controlling child abuse material
obtained or accessed using a carriage
service) except if the offence only
relates to material that depicts,
represents or describes a person who is,
or appears to be, or is implied to be, a
victim of cruelty or physical abuse,
where the cruelty or physical abuse is
not sexual;
(f) section 474.23(1) (possessing,
controlling, producing, supplying or
obtaining child abuse material for use
through a carriage service) except if the
offence only relates to material that
depicts, represents or describes a person
who is, or appears to be, or is implied
to be, a victim of cruelty or physical
abuse, where the cruelty or physical
abuse is not sexual;
(g) section 474.25A(1) (using a carriage
service for sexual activity with a person
under 16 years of age);
(h) section 474.27A(1) (using a carriage
service to transmit indecent
communication to person under
16 years of age).".
28
Firearms and Other Acts Amendment Act 2021
No. of 2021
Part 7--Amendment of Victoria Police Act 2013
Part 7--Amendment of Victoria Police
Act 2013
36 Promotion of protective services officers
After section 40(2) of the Victoria Police
Act 2013 insert--
"(2A) Subsection (2) does not apply to a promotion
of a protective services officer who holds a
position to the rank of protective services
officer senior in the same position.".
37 New section 44A inserted
At the end of Division 7 of Part 3 of the Victoria
Police Act 2013 insert--
"44A Validation of promotion of protective
services officers to rank of protective
services officer senior in the same position
on or after 1 April 2020
(1) The promotion of a protective services
officer to the rank of a protective services
officer senior in the same position on or after
1 April 2020 and before the commencement
day is as valid as it would have been had the
amendments to section 40 made by
section 36 of the amending Act been in
operation at the time of the promotion.
(2) In this section--
amending Act means the Firearms and
Other Acts Amendment Act 2021;
commencement day means the day on which
Part 7 of the amending Act came into
operation.".
29
Firearms and Other Acts Amendment Act 2021
No. of 2021
Part 7--Amendment of Victoria Police Act 2013
38 Promotion and transfer appeals--protective services
officers
After section 142(2)(a) of the Victoria Police
Act 2013 insert--
"(ab) the promotion of a protective services officer
who holds a position to the rank of protective
services officer senior in the same position;
or".
30
Firearms and Other Acts Amendment Act 2021
No. of 2021
Part 8--Repeal of this Act
Part 8--Repeal of this Act
39 Repeal of this Act
This Act is repealed on 30 August 2023.
Note
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).
═════════════
31
Firearms and Other Acts Amendment Act 2021
No. of 2021
Endnotes
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current
authorised versions of legislation and up-to-date legislative information.
Minister's second reading speech--
Legislative Assembly:
Legislative Council:
The long title for the Bill for this Act was "A Bill for an Act to amend the
Control of Weapons Act 1990, the Criminal Procedure Act 2009, the
Evidence (Miscellaneous Provisions) Act 1958, the Firearms Act 1996,
the Sex Offenders Registration Act 2004 and the Victoria Police
Act 2013 and for other purposes. "
By Authority. Government Printer for the State of Victoria.
32
[Index] [Search] [Download] [Related Items] [Help]