Victorian Bills Victorian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Justice Legislation Amendment (Protective Services
Officers) Bill 2011
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purpose 1
2 Commencement 3
PART 2--AMENDMENT OF POLICE REGULATION ACT 1958 4
3 Appointment of protective services officers 4
4 Powers and privileges of officers 4
5 Regulations 5
PART 3--AMENDMENT OF BAIL ACT 1977 6
6 Arrest of person released on bail 6
PART 4--AMENDMENT OF CONTROL OF WEAPONS
ACT 1990 8
7 Definitions 8
8 Power to require production of approval 8
9 Forfeiture of controlled weapons if infringement notice served 8
10 New section 10AA inserted 8
10AA Search by protective services officer 8
11 Duty to make records concerning searches 11
12 Chief Commissioner to report on searches without warrant 11
13 Power to serve infringement notice 11
PART 5--AMENDMENT OF CRIMES ACT 1958 13
14 Definitions 13
15 Threatening injury to prevent arrest 13
16 Assaults 13
17 Powers of member of police force to apprehend offenders 14
571071B.I-28/6/2011 i BILL LA INTRODUCTION 28/6/2011
Clause Page
PART 6--AMENDMENT OF DRUGS, POISONS AND
CONTROLLED SUBSTANCES ACT 1981 15
18 Definitions 15
19 Police to take into account the best interests of person under
18 years of age 15
20 New section 60BA inserted 15
60BA Protective services officer may exercise police powers
under this Division 15
PART 7--AMENDMENT OF ENVIRONMENT PROTECTION
ACT 1970 17
21 Definitions 17
PART 8--AMENDMENT OF GRAFFITI PREVENTION
ACT 2007 18
22 Definitions 18
23 Possessing a prescribed graffiti implement 18
24 Infringement notices, penalties and offences 18
25 Search without warrant 18
26 Search of persons under 18 years of age 19
27 Conduct of searches 20
28 Duty to make records concerning searches without warrant 20
PART 9--AMENDMENT OF LIQUOR CONTROL REFORM
ACT 1998 21
29 Definitions 21
30 Power to demand suspected minor to give his or her age 21
31 Seizure of evidence of age document 22
32 Seizure of liquor from minors 22
33 Power to serve an infringement notice 22
PART 10--AMENDMENT OF MAGISTRATES' COURT
ACT 1989 24
34 Definitions 24
35 Person to whom warrant to arrest may be directed 24
36 Arrest of person against whom warrant to arrest is issued 25
PART 11--AMENDMENT OF MENTAL HEALTH ACT 1986 26
37 Definitions 26
38 Apprehension of mentally ill persons in certain circumstances 26
571071B.I-28/6/2011 ii BILL LA INTRODUCTION 28/6/2011
Clause Page
PART 12--AMENDMENT OF ROAD SAFETY ACT 1986 28
39 Definitions 28
40 General duty of driver or person in charge of motor vehicle 28
41 Power to prevent driving by incapable persons 29
42 Power to enter motor vehicles 30
43 Driving a motor vehicle when directed to stop by police 30
44 Power to prosecute 30
45 Service of parking infringement notices 31
46 Entry by police to council controlled areas 31
PART 13--AMENDMENT OF SUMMARY OFFENCES
ACT 1966 32
47 Definitions 32
48 Direction by police to move on 32
49 Persons found drunk or drunk and disorderly 32
50 New section 15 inserted 33
15 Arrest of person found drunk or drunk and disorderly 33
51 Assaulting or resisting constables etc. 33
52 Making false reports to police etc. 34
53 Who may file charge-sheet 34
54 Power to serve infringement notice 34
PART 14--AMENDMENT OF TRANSPORT (COMPLIANCE
AND MISCELLANEOUS) ACT 1983 36
55 Definitions 36
56 Transport and ticket infringements 36
57 Power to require names and addresses 37
58 Power to arrest suspected offenders 38
59 Power to remove offenders 38
60 False reports to officers 39
61 Definitions 39
62 Prosecutions 39
PART 15--REPEAL OF AMENDING ACT 40
63 Repeal of amending Act 40
ENDNOTES 41
571071B.I-28/6/2011 iii BILL LA INTRODUCTION 28/6/2011
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Justice Legislation Amendment
(Protective Services Officers) Bill 2011
A Bill for an Act to amend the Police Regulation Act 1958 in relation
to protective services officers and to amend the Bail Act 1977, the
Control of Weapons Act 1990, the Crimes Act 1958, the Drugs,
Poisons and Controlled Substances Act 1981, the Environment
Protection Act 1970, the Graffiti Prevention Act 2007, the Liquor
Control Reform Act 1998, the Magistrates' Court Act 1989, the
Mental Health Act 1986, the Road Safety Act 1986, the Summary
Offences Act 1966 and the Transport (Compliance and
Miscellaneous) Act 1983 and for other purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purpose
The purpose of this Act is--
(a) to amend the Police Regulation Act 1958
5 to--
571071B.I-28/6/2011 1 BILL LA INTRODUCTION 28/6/2011
Justice Legislation Amendment (Protective Services Officers) Bill 2011
Part 1--Preliminary
s. 1
(i) provide protective services officers who
are on duty at certain public places
(designated places) with additional
powers in order for those officers to be
5 effective in combating crime and anti-
social behaviour occurring at those
public places; and
(ii) extend the provisions in Division 2 of
Part VA (Offences) to protective
10 services officers; and
(b) to amend the following Acts to extend
certain powers currently exercisable by
members of the police force under those Acts
to protective services officers who are on
15 duty at designated places--
(i) the Bail Act 1977;
(ii) the Control of Weapons Act 1990;
(iii) the Crimes Act 1958;
(iv) the Drugs, Poisons and Controlled
20 Substances Act 1981;
(v) the Environment Protection Act
1970;
(vi) the Graffiti Prevention Act 2007;
(vii) the Liquor Control Reform Act 1998;
25 (viii) the Magistrates' Court Act 1989;
(ix) the Mental Health Act 1986;
(x) the Road Safety Act 1986;
(xi) the Summary Offences Act 1966;
(xii) the Transport (Compliance and
30 Miscellaneous) Act 1983.
571071B.I-28/6/2011 2 BILL LA INTRODUCTION 28/6/2011
Justice Legislation Amendment (Protective Services Officers) Bill 2011
Part 1--Preliminary
s. 2
2 Commencement
(1) This Act comes into operation on a day or days to
be proclaimed.
(2) If a provision of this Act does not come into
5 operation before 1 July 2012, it comes into
operation on that day.
__________________
571071B.I-28/6/2011 3 BILL LA INTRODUCTION 28/6/2011
Justice Legislation Amendment (Protective Services Officers) Bill 2011
Part 2--Amendment of Police Regulation Act 1958
s. 3
PART 2--AMENDMENT OF POLICE REGULATION
ACT 1958
3 Appointment of protective services officers
See: In section 118B(2) of the Police Regulation Act
Act No.
5 6338. 1958 for "V and section 123" substitute
Reprint No. 13 "V, Division 2 of Part VA and section 123".
as at
27 May 2010
and
amending
Act Nos
1/2010,
13/2010,
40/2010,
53/2010,
63/2010,
2/2011 and
29/2011.
LawToday:
www.
legislation.
vic.gov.au
4 Powers and privileges of officers
At the end of section 118D of the Police
Regulation Act 1958 insert--
10 "(2) In addition, an officer on duty at a designated
place may exercise all the powers and has all
the responsibilities given to or imposed on
such an officer under this Act or any other
Act.
15 (3) In this section--
designated place means a place prescribed
by the regulations.".
571071B.I-28/6/2011 4 BILL LA INTRODUCTION 28/6/2011
Justice Legislation Amendment (Protective Services Officers) Bill 2011
Part 2--Amendment of Police Regulation Act 1958
s. 5
5 Regulations
After section 130(1)(h) of the Police Regulation
Act 1958 insert--
"(i) prescribing a place to be a designated place
5 for the purposes of section 118D;".
__________________
571071B.I-28/6/2011 5 BILL LA INTRODUCTION 28/6/2011
Justice Legislation Amendment (Protective Services Officers) Bill 2011
Part 3--Amendment of Bail Act 1977
s. 6
PART 3--AMENDMENT OF BAIL ACT 1977
6 Arrest of person released on bail
See: (1) In section 24(1) of the Bail Act 1977 after "Any
Act No.
9008. member of the police force" insert ", or any
5 Reprint No. 9
as at
protective services officer on duty at a designated
23 April 2007 place,".
and
amending (2) In section 24(1)(a), (b) and (c) of the Bail Act
Act Nos
97/2005,
1977 after "police force" insert "or protective
52/2008, services officer".
68/2008,
10 68/2009, (3) After section 24(1) of the Bail Act 1977 insert--
69/2009,
13/2010, "(1A) If a protective services officer arrests a
53/2010 and
70/2010. person under subsection (1), the protective
LawToday: services officer must hand the person into the
www.
legislation. custody of a member of the police force as
15 vic.gov.au soon as practicable after the person is
arrested.".
(4) For section 24(2) of the Bail Act 1977
substitute--
"(2) If a person is arrested under subsection (1) or
20 is handed into the custody of a member of
the police force by a protective services
officer under subsection (1A), a member of
the police force must--
(a) bring the person before a bail justice as
25 soon as practicable after the person is
arrested or has been handed into the
custody of a member of the police force
and in any event within 24 hours
thereafter; or
571071B.I-28/6/2011 6 BILL LA INTRODUCTION 28/6/2011
Justice Legislation Amendment (Protective Services Officers) Bill 2011
Part 3--Amendment of Bail Act 1977
s. 6
(b) if the person is arrested or handed into
the custody of a member of the police
force within 24 hours before the time at
which the person is bound by a
5 condition of his or her bail to attend
before a court--bring the person before
that court at that time.".
(5) After section 24(5) of the Bail Act 1977 insert--
"(6) In this section--
10 designated place has the same meaning as it
has in section 118D of the Police
Regulation Act 1958;
protective services officer means a protective
services officer appointed under section
15 118B(1) of the Police Regulation Act
1958.".
__________________
571071B.I-28/6/2011 7 BILL LA INTRODUCTION 28/6/2011
Justice Legislation Amendment (Protective Services Officers) Bill 2011
Part 4--Amendment of Control of Weapons Act 1990
s. 7
PART 4--AMENDMENT OF CONTROL OF WEAPONS
ACT 1990
7 Definitions
See: In section 3(1) of the Control of Weapons Act
Act No.
5 24/1990. 1990--
Reprint No. 5
as at (a) in paragraph (b) of the definition of police
22 August
2010
officer omit "within the meaning of the
and Police Regulation Act 1958";
amending
Act Nos (b) insert the following definitions--
42/2010,
10 52/2010,
78/2010 and
"designated place has the same meaning as it
11/2011. has in section 118D of the Police
LawToday: Regulation Act 1958;
www.
legislation.
vic.gov.au
protective services officer means a protective
services officer appointed under section
15 118B(1) of the Police Regulation Act
1958;".
8 Power to require production of approval
In section 8G(1) of the Control of Weapons Act
1990 after "police force" insert ", or a protective
20 services officer on duty at a designated place,".
9 Forfeiture of controlled weapons if infringement
notice served
In section 9A(1) of the Control of Weapons Act
1990 after "police force" insert "or a protective
25 services officer".
10 New section 10AA inserted
After section 10 of the Control of Weapons Act
1990 insert--
"10AA Search by protective services officer
30 (1) This section applies if a protective services
officer on duty at a designated place has
reasonable grounds for suspecting that a
person at or in the vicinity of a designated
571071B.I-28/6/2011 8 BILL LA INTRODUCTION 28/6/2011
Justice Legislation Amendment (Protective Services Officers) Bill 2011
Part 4--Amendment of Control of Weapons Act 1990
s. 10
place is carrying or has in his or her
possession in a public place a weapon
contrary to this Act.
(2) Subject to subsection (4), the protective
5 services officer may, without a warrant--
(a) search the person and any vehicle or
thing in the person's possession or
under the person's control for the
weapon; and
10 (b) seize and detain any item detected
during the search that the protective
services officer reasonably suspects is a
weapon.
(3) For the purposes of subsection (1), the fact
15 that a person is present in a location with a
high incidence of violent crime may be taken
into account in determining whether there
are reasonable grounds for suspecting that
the person is carrying a weapon or has a
20 weapon in his or her possession.
(4) Before a protective services officer
commences a search of a person under
subsection (2), the protective services officer
must--
25 (a) inform the person of the grounds for his
or her suspicion; and
(b) inform the person of the protective
services officer's name, rank and place
of duty; and
30 (c) if requested to do so by the person,
provide the information referred to in
paragraph (b) in writing; and
571071B.I-28/6/2011 9 BILL LA INTRODUCTION 28/6/2011
Justice Legislation Amendment (Protective Services Officers) Bill 2011
Part 4--Amendment of Control of Weapons Act 1990
s. 10
(d) produce his or her identification for
inspection by the person, unless the
protective services officer is in
uniform; and
5 (e) inform the person that he or she intends
to search the person or thing (as the
case requires) for weapons and is
empowered to do so under this Act.
(5) Clauses 1, 2, 4(2), 4(3), 5(2), 5(3), 5(4), 6,
10 11(1), 11(5), 12(1) and 12(5) of Schedule 1
apply to the search of a person or thing under
this section as if--
(a) a reference in that Schedule to a
member of the police force were a
15 reference to a protective services
officer; and
(b) a reference in that Schedule to a search
under section 10 were a reference to a
search under this section.
20 (6) A protective services officer must conduct
the least invasive search that is practicable in
the circumstances.
(7) A protective services officer may detain a
person for so long as is reasonably necessary
25 to conduct a search under this section.
(8) To avoid doubt, a protective services officer
may exercise any power under this section to
search or detain a person, or seize and detain
any item detected during the search, at or in
30 the vicinity of a designated place.
(9) In this section, weapon means--
(a) a prohibited weapon; or
(b) a controlled weapon; or
(c) a dangerous article.".
571071B.I-28/6/2011 10 BILL LA INTRODUCTION 28/6/2011
Justice Legislation Amendment (Protective Services Officers) Bill 2011
Part 4--Amendment of Control of Weapons Act 1990
s. 11
11 Duty to make records concerning searches
(1) In section 10A(1) of the Control of Weapons Act
1990 after "section 10G" insert ", or a protective
services officer who conducts a search under
5 section 10AA,".
(2) In section 10A(3) of the Control of Weapons Act
1990 after "section 10" insert "or 10AA".
(3) For section 10A(4) of the Control of Weapons
Act 1990 substitute--
10 "(4) A request under subsection (3) is made to--
(a) in the case of a search conducted by a
member of the police force--the officer
in charge of the place of duty of that
member referred to in section 10(3)(a)
15 or 10I(1)(a) or clause 8(1)(a) of
Schedule 1; or
(b) in the case of a search conducted by a
protective services officer--the officer
in charge of the place of duty of the
20 protective services officer referred to in
section 10AA(4)(b).".
12 Chief Commissioner to report on searches without
warrant
In section 10B(a) of the Control of Weapons Act
25 1990 after "section 10" insert "or 10AA".
13 Power to serve infringement notice
(1) After section 11B(1) of the Control of Weapons
Act 1990 insert--
"(1A) Subject to subsection (2), a protective
30 services officer may serve an infringement
notice on any person who he or she has
reason to believe has committed an offence
against section 6(1) at or in the vicinity of a
designated place.".
571071B.I-28/6/2011 11 BILL LA INTRODUCTION 28/6/2011
Justice Legislation Amendment (Protective Services Officers) Bill 2011
Part 4--Amendment of Control of Weapons Act 1990
s. 13
(2) In section 11B(3) of the Control of Weapons Act
1990 after "subsection (1)" insert "or (1A)".
__________________
571071B.I-28/6/2011 12 BILL LA INTRODUCTION 28/6/2011
Justice Legislation Amendment (Protective Services Officers) Bill 2011
Part 5--Amendment of Crimes Act 1958
s. 14
PART 5--AMENDMENT OF CRIMES ACT 1958
14 Definitions
In section 2A(1) of the Crimes Act 1958 insert See:
Act No.
the following definition-- 6231.
Reprint No. 22
5 "protective services officer means a protective as at
17 March
services officer appointed under section 2010
118B(1) of the Police Regulation Act and
amending
1958;". Act Nos
87/2009,
13/2010,
63/2010,
64/2010,
20/2011,
27/2011 and
29/2011.
LawToday:
www.
legislation.
vic.gov.au
15 Threatening injury to prevent arrest
10 In section 30(b) of the Crimes Act 1958 after
"police force" (wherever occurring) insert "or a
protective services officer".
16 Assaults
(1) After section 31(1)(b)(i) of the Crimes Act 1958
15 insert--
"(ia) a protective services officer in the due
execution of duty; or".
(2) In section 31(1)(b)(ii) of the Crimes Act 1958
after "police force" insert "or in aid of a
20 protective services officer".
(3) In section 31(1)(b) of the Crimes Act 1958 for
"member or person" (wherever occurring)
substitute "member, officer or person".
571071B.I-28/6/2011 13 BILL LA INTRODUCTION 28/6/2011
Justice Legislation Amendment (Protective Services Officers) Bill 2011
Part 5--Amendment of Crimes Act 1958
s. 17
17 Powers of member of police force to apprehend
offenders
(1) Insert the following heading to section 459 of the
Crimes Act 1958--
5 "Powers of member of police force or
protective services officer to apprehend
offenders".
(2) In section 459 of the Crimes Act 1958 after
"police force" insert ", or a protective services
10 officer on duty at a designated place,".
(3) At the end of section 459 of the Crimes Act 1958
insert--
"(2) If a protective services officer arrests a
person under subsection (1), the protective
15 services officer must hand the person into the
custody of a member of the police force as
soon as practicable after the person is
arrested.
(3) In this section, designated place has the
20 same meaning as it has in section 118D of
the Police Regulation Act 1958.".
__________________
571071B.I-28/6/2011 14 BILL LA INTRODUCTION 28/6/2011
Justice Legislation Amendment (Protective Services Officers) Bill 2011
Part 6--Amendment of Drugs, Poisons and Controlled Substances Act 1981
s. 18
PART 6--AMENDMENT OF DRUGS, POISONS AND
CONTROLLED SUBSTANCES ACT 1981
18 Definitions
In section 4(1) of the Drugs, Poisons and See:
Act No.
5 Controlled Substances Act 1981 insert the 9719.
following definition-- Reprint No. 9
as at
1 July 2010
"protective services officer means a protective and
services officer appointed under section amending
Act Nos
118B(1) of the Police Regulation Act 39/2010,
10 1958;". 43/2010,
64/2010 and
29/2011.
LawToday:
www.
legislation.
vic.gov.au
19 Police to take into account the best interests of
person under 18 years of age
(1) In the heading to section 60B of the Drugs,
Poisons and Controlled Substances Act 1981
15 after "Police" insert "or protective services
officer".
(2) In section 60B of the Drugs, Poisons and
Controlled Substances Act 1981 after "police
force" insert "or a protective services officer".
20 20 New section 60BA inserted
After section 60B of the Drugs, Poisons and
Controlled Substances Act 1981 insert--
"60BA Protective services officer may exercise
police powers under this Division
25 (1) Subject to subsection (3), a protective
services officer on duty at a designated place
may exercise all the powers and has all the
responsibilities given to or imposed on a
member of the police force under this
30 Division other than section 60M(4) and (5).
571071B.I-28/6/2011 15 BILL LA INTRODUCTION 28/6/2011
Justice Legislation Amendment (Protective Services Officers) Bill 2011
Part 6--Amendment of Drugs, Poisons and Controlled Substances Act 1981
s. 20
(2) Any reference in this Division to an action
taken by a member of the police force
includes any action taken by a protective
services officer exercising the powers of a
5 member of the police force in reliance on
subsection (1).
(3) A protective services officer may only
exercise the powers under this Division in
relation to a person who is at, or in the
10 vicinity of, a designated place.
(4) Subsection (5) applies if a protective services
officer--
(a) has detained a person who is under
18 years of age under section 60L; and
15 (b) after taking all reasonable steps, has
been unable to release the person into
the care of a suitable person in
accordance with section 60M(3).
(5) The protective services officer--
20 (a) may release the detained person; or
(b) subject to section 60M(2), may
continue to detain the person until the
person can be handed into the custody
of a member of the police force.
25 (6) In taking an action under subsection (5), a
protective services officer must take the
action which he or she reasonably believes is
the most appropriate in the circumstances.
(7) In this section, designated place has the
30 same meaning as it has in section 118D of
the Police Regulation Act 1958.".
__________________
571071B.I-28/6/2011 16 BILL LA INTRODUCTION 28/6/2011
Justice Legislation Amendment (Protective Services Officers) Bill 2011
Part 7--Amendment of Environment Protection Act 1970
s. 21
PART 7--AMENDMENT OF ENVIRONMENT PROTECTION
ACT 1970
21 Definitions
In section 4(1) of the Environment Protection See:
Act No.
5 Act 1970 after paragraph (d) of the definition of 8056.
litter enforcement officer insert-- Reprint No. 17
as at
7 May 2009
"(da) in relation to a designated place within the and
meaning of section 118D of the Police amending
Act Nos
Regulation Act 1958 or the vicinity of such 68/2009,
10 a place--a protective services officer 20/2010,
29/2010,
appointed under section 118B(1) of the 54/2010,
Police Regulation Act 1958 who is on duty 58/2010,
65/2010,
at that designated place;". 78/2011 and
25/2011.
LawToday:
www.
legislation.
vic.gov.au
__________________
571071B.I-28/6/2011 17 BILL LA INTRODUCTION 28/6/2011
Justice Legislation Amendment (Protective Services Officers) Bill 2011
Part 8--Amendment of Graffiti Prevention Act 2007
s. 22
PART 8--AMENDMENT OF GRAFFITI PREVENTION ACT
2007
22 Definitions
See: In section 3 of the Graffiti Prevention Act 2007
Act No.
5 59/2007 insert the following definitions--
and
amending "designated place has the same meaning as it has
Act Nos
6/2010 and
in section 118D of the Police Regulation
52/2010. Act 1958;
LawToday:
www. protective services officer means a protective
legislation.
10 vic.gov.au services officer appointed under section
118B(1) of the Police Regulation Act
1958;".
23 Possessing a prescribed graffiti implement
(1) In section 7(3) of the Graffiti Prevention Act
15 2007 after "police force" insert "or a protective
services officer".
(2) In section 7(3)(a) of the Graffiti Prevention Act
2007 after "member" insert "or officer".
24 Infringement notices, penalties and offences
20 After section 11(1) of the Graffiti Prevention
Act 2007 insert--
"(1A) A protective services officer may serve an
infringement notice on a person who the
officer has reason to believe has committed
25 an offence against section 7(1) at or in the
vicinity of a designated place.".
25 Search without warrant
(1) In section 13(1) of the Graffiti Prevention Act
2007--
30 (a) after "police force" insert ", or a protective
services officer on duty at a designated
place,";
(b) after "the member" insert "or officer".
571071B.I-28/6/2011 18 BILL LA INTRODUCTION 28/6/2011
Justice Legislation Amendment (Protective Services Officers) Bill 2011
Part 8--Amendment of Graffiti Prevention Act 2007
s. 26
(2) In section 13(3) of the Graffiti Prevention Act
2007--
(a) after "police force" insert "or a protective
services officer";
5 (b) after "the member" (where first occurring)
insert "or officer";
(c) in paragraph (a) for "the member's"
substitute "his or her";
(d) in paragraph (c)--
10 (i) for "the member's" substitute "his or
her";
(ii) after "the member" insert "or officer".
(3) In section 13(4) of the Graffiti Prevention Act
2007 after "police force" insert "or the protective
15 services officer".
26 Search of persons under 18 years of age
In section 14(2) of the Graffiti Prevention Act
2007--
(a) after "police force" insert "or a protective
20 services officer";
(b) in paragraph (a) after "member" insert "or
officer";
(c) in paragraph (b)--
(i) after "the member" (wherever
25 occurring) insert "or officer";
(ii) in subparagraph (i) for "the member's"
substitute "his or her";
(iii) in subparagraph (i) for "his or her"
substitute "the person's".
571071B.I-28/6/2011 19 BILL LA INTRODUCTION 28/6/2011
Justice Legislation Amendment (Protective Services Officers) Bill 2011
Part 8--Amendment of Graffiti Prevention Act 2007
s. 27
27 Conduct of searches
In section 15 of the Graffiti Prevention Act
2007--
(a) after "police force" (wherever occurring)
5 insert "or a protective services officer";
(b) after "the member" (wherever occurring)
insert "or officer".
28 Duty to make records concerning searches without
warrant
10 (1) In section 16(1) of the Graffiti Prevention Act
2007--
(a) after "police force" insert "or a protective
services officer";
(b) in paragraph (a) after "the member's" insert
15 "or the officer's".
(2) In section 16(4) of the Graffiti Prevention Act
2007 after "the member" insert "or officer".
__________________
571071B.I-28/6/2011 20 BILL LA INTRODUCTION 28/6/2011
Justice Legislation Amendment (Protective Services Officers) Bill 2011
Part 9--Amendment of Liquor Control Reform Act 1998
s. 29
PART 9--AMENDMENT OF LIQUOR CONTROL REFORM
ACT 1998
29 Definitions
In section 3(1) of the Liquor Control Reform See:
Act No.
5 Act 1998 insert the following definitions-- 94/1998.
Reprint No. 5
"designated place has the same meaning as it has as at
1 April 2010
in section 118D of the Police Regulation and
Act 1958; amending
Act Nos
protective services officer means a protective 9/2008,
88/2009,
10 services officer appointed under section 13/2010,
118B(1) of the Police Regulation Act 18/2010,
52/2010,
1958;". 57/2010,
64/2010,
12/2011,
13/2011 and
29/2011.
LawToday:
www.
legislation.
vic.gov.au
30 Power to demand suspected minor to give his or her
age
15 (1) After section 126(1) of the Liquor Control
Reform Act 1998 insert--
"(2) If a protective services officer on duty at a
designated place has reason to believe that a
person at or in the vicinity of a designated
20 place who appears to be under the age of
18 years has consumed, is consuming or is
about to consume liquor in contravention of
this Act, the protective services officer may
demand particulars of the person's age, name
25 and address.".
(2) In section 126(5) of the Liquor Control Reform
Act 1998 after "police force" insert "or a
protective services officer referred to in
subsection (2)".
571071B.I-28/6/2011 21 BILL LA INTRODUCTION 28/6/2011
Justice Legislation Amendment (Protective Services Officers) Bill 2011
Part 9--Amendment of Liquor Control Reform Act 1998
s. 31
(3) After section 126(5) of the Liquor Control
Reform Act 1998 insert--
"(6) If a protective services officer arrests a
person under subsection (5), the protective
5 services officer must hand the person into the
custody of a member of the police force as
soon as practicable after the person is
arrested.".
31 Seizure of evidence of age document
10 (1) After section 127(1)(ab) of the Liquor Control
Reform Act 1998 insert--
"(ac) a protective services officer on duty at a
designated place; or".
(2) In section 127(3) of the Liquor Control Reform
15 Act 1998 after "police force" (where first
occurring) insert ", a protective services officer".
(3) In section 127(4) of the Liquor Control Reform
Act 1998 after "police force" (where first
occurring) insert ", a protective services officer".
20 32 Seizure of liquor from minors
In section 128(1) of the Liquor Control Reform
Act 1998--
(a) after "police force" insert ", a protective
services officer on duty at a designated
25 place";
(b) after "the member" insert ", officer".
33 Power to serve an infringement notice
(1) After section 141(1AA) of the Liquor Control
Reform Act 1998 insert--
30 "(1AB) If a protective services officer has reason to
believe that a person has committed an
offence against section 123(1)(b) at or in the
vicinity of a designated place, he or she may
571071B.I-28/6/2011 22 BILL LA INTRODUCTION 28/6/2011
Justice Legislation Amendment (Protective Services Officers) Bill 2011
Part 9--Amendment of Liquor Control Reform Act 1998
s. 33
serve an infringement notice on that
person.".
(2) In section 141(1A) of the Liquor Control
Reform Act 1998 for "or (1AA)" substitute ",
5 (1AA) or (1AB)".
__________________
571071B.I-28/6/2011 23 BILL LA INTRODUCTION 28/6/2011
Justice Legislation Amendment (Protective Services Officers) Bill 2011
Part 10--Amendment of Magistrates' Court Act 1989
s. 34
PART 10--AMENDMENT OF MAGISTRATES' COURT
ACT 1989
34 Definitions
See: In section 3(1) of the Magistrates' Court Act
Act No.
5 51/1989. 1989 insert the following definitions--
Reprint No. 15
as at "designated place has the same meaning as it has
5 April 2010
and
in section 118D of the Police Regulation
amending Act 1958;
Act Nos
51/2006, protective services officer means a protective
52/2008,
10 12/2010, services officer appointed under section
29/2010, 118B(1) of the Police Regulation Act
30/2010,
34/2010, 1958;".
40/2010,
47/2010,
53/2010,
64/2010,
70/2010 and
77/2010.
LawToday:
www.
legislation.
vic.gov.au
35 Person to whom warrant to arrest may be directed
For section 63(2) of the Magistrates' Court Act
15 1989 substitute--
"(2) A warrant to arrest directed to a named
member of the police force may be executed
by--
(a) any member of the police force; or
20 (b) a protective services officer.
(3) If a protective services officer arrests a
person under subsection (2)(b), the
protective services officer must hand the
person into the custody of a member of the
25 police force as soon as practicable after the
person is arrested.".
571071B.I-28/6/2011 24 BILL LA INTRODUCTION 28/6/2011
Justice Legislation Amendment (Protective Services Officers) Bill 2011
Part 10--Amendment of Magistrates' Court Act 1989
s. 36
36 Arrest of person against whom warrant to arrest is
issued
(1) In section 65(1) of the Magistrates' Court Act
1989 after "police force" insert ", or any
5 protective services officer on duty at a designated
place,".
(2) After section 65(1) of the Magistrates' Court Act
1989 insert--
"(1A) If a protective services officer arrests a
10 person under subsection (1), the protective
services officer must hand the person into the
custody of a member of the police force as
soon as practicable after the person is
arrested.".
15 (3) In section 65(2) of the Magistrates' Court Act
1989--
(a) after "subsection (1)" insert "by a member of
the police force or on the handing of a person
arrested by a protective services officer into
20 the custody of a member of the police force
under subsection (1A)";
(b) after "being arrested" insert "or handed into
the custody of the member of the police
force (as the case may be)".
__________________
571071B.I-28/6/2011 25 BILL LA INTRODUCTION 28/6/2011
Justice Legislation Amendment (Protective Services Officers) Bill 2011
Part 11--Amendment of Mental Health Act 1986
s. 37
PART 11--AMENDMENT OF MENTAL HEALTH ACT 1986
37 Definitions
See: In section 3(1) of the Mental Health Act 1986
Act No.
59/1986. insert the following definitions--
Reprint No. 10
5 as at "designated place has the same meaning as it has
16 June 2011.
LawToday:
in section 118D of the Police Regulation
www. Act 1958;
legislation.
vic.gov.au protective services officer means a protective
services officer appointed under section
10 118B(1) of the Police Regulation Act
1958;".
38 Apprehension of mentally ill persons in certain
circumstances
(1) In section 10(1) of the Mental Health Act
15 1986--
(a) after "police force" (where first occurring)
insert ", or a protective services officer on
duty at a designated place,";
(b) for "the member of the police force"
20 substitute "the member or officer".
(2) In section 10(1A) of the Mental Health Act
1986--
(a) after "police force" (where first occurring)
insert "or a protective services officer";
25 (b) for "the member of the police force"
substitute "the member or officer".
(3) After section 10(2) of the Mental Health Act
1986 insert--
"(2A) For the purposes of apprehending a person
30 under subsection (1) a protective services
officer may with such assistance as is
required use such force as may be reasonably
necessary.".
571071B.I-28/6/2011 26 BILL LA INTRODUCTION 28/6/2011
Justice Legislation Amendment (Protective Services Officers) Bill 2011
Part 11--Amendment of Mental Health Act 1986
s. 38
(4) After section 10(3) of the Mental Health Act
1986 insert--
"(3A) A protective services officer must, as soon as
practicable after apprehending a person
5 under subsection (1), hand the person into
the custody of--
(a) a member of the police force; or
(b) a mental health practitioner.".
(5) In section 10(4) of the Mental Health Act 1986
10 after "subsection (1)" insert "or being handed a
person apprehended by a protective services
officer under subsection (3A)(a)".
__________________
571071B.I-28/6/2011 27 BILL LA INTRODUCTION 28/6/2011
Justice Legislation Amendment (Protective Services Officers) Bill 2011
Part 12--Amendment of Road Safety Act 1986
s. 39
PART 12--AMENDMENT OF ROAD SAFETY ACT 1986
39 Definitions
See: In section 3(1) of the Road Safety Act 1986
Act No.
127/1986. insert the following definitions--
Reprint No. 12
5 as at "designated place has the same meaning as it has
5 April 2010
and
in section 118D of the Police Regulation
amending Act 1958;
Act Nos
19/1991, protective services officer means a protective
13/2009,
93/2009, services officer appointed under section
10 6/2010, 118B(1) of the Police Regulation Act
13/2010,
19/2010, 1958;".
29/2010,
30/2010,
45/2010,
63/2010,
74/2010,
75/2010,
76/2010 and
77/2010.
LawToday:
www.
legislation.
vic.gov.au
40 General duty of driver or person in charge of motor
vehicle
(1) After section 59(1) of the Road Safety Act 1986
15 insert--
"(1A) The driver or person in charge of a motor
vehicle that is in, or being driven from or
into, a railway car park or municipal council
controlled car park at or in the vicinity of a
20 designated place has the following duties--
(a) to stop the motor vehicle, produce for
inspection his or her driver licence
document or permit document and state
his or her name and address if
25 requested or signalled to do so by a
protective services officer; and
571071B.I-28/6/2011 28 BILL LA INTRODUCTION 28/6/2011
Justice Legislation Amendment (Protective Services Officers) Bill 2011
Part 12--Amendment of Road Safety Act 1986
s. 41
(b) to obey any lawful direction given to
him or her by a protective services
officer under subsection (5A).".
(2) In section 59(2) of the Road Safety Act 1986
5 after "subsection (1)" insert "or (1A)".
(3) In section 59(2)(a) of the Road Safety Act 1986
after "police force" insert "or a protective services
officer".
(4) In section 59(4) of the Road Safety Act 1986
10 after "subsection (1)(a)" insert "or (1A)(a)".
(5) In section 59(4)(b)(i) of the Road Safety Act
1986 after "police force" insert ", a protective
services officer".
(6) After section 59(5) of the Road Safety Act 1986
15 insert--
"(5A) A protective services officer may give to a
person driving or in charge of a motor
vehicle that is in, or being driven from or
into, a railway car park or municipal council
20 controlled car park at or in the vicinity of a
designated place such reasonable directions
as are, in the opinion of the officer,
necessary for carrying into execution the
provisions of this Act or the regulations.".
25 41 Power to prevent driving by incapable persons
(1) In section 62(1) of the Road Safety Act 1986
after "police force" insert ", or a protective
services officer on duty at a designated place,".
(2) In section 62(1)(c) of the Road Safety Act 1986
30 for "the member of the police force" substitute
"the member or officer".
(3) In section 62(1A) of the Road Safety Act 1986
after "police force" insert "or a protective services
officer".
571071B.I-28/6/2011 29 BILL LA INTRODUCTION 28/6/2011
Justice Legislation Amendment (Protective Services Officers) Bill 2011
Part 12--Amendment of Road Safety Act 1986
s. 42
(4) In section 62(3) of the Road Safety Act 1986--
(a) after "police force" (where first occurring)
insert "or a protective services officer";
(b) after "police force" (where secondly
5 occurring) insert "or any protective services
officer";
(c) after "that member" insert "or officer".
(5) In section 62(4) of the Road Safety Act 1986
after "police force" insert "or the protective
10 services officer".
42 Power to enter motor vehicles
In section 63 of the Road Safety Act 1986--
(a) after "police force" (where first occurring)
insert ", or a protective services officer on
15 duty at a designated place,";
(b) after "police force" (where secondly
occurring) insert "or the protective services
officer".
43 Driving a motor vehicle when directed to stop by
20 police
(1) In the heading to section 64A of the Road Safety
Act 1986 omit "by police".
(2) In section 64A(5) of the Road Safety Act 1986
after "police force" insert ", or a protective
25 services officer on duty at a designated place,".
(3) In section 64A(5)(a) of the Road Safety Act 1986
for "the member of the police force" substitute
"the member or officer".
44 Power to prosecute
30 (1) In section 77(2)(ab) of the Road Safety Act 1986
omit "appointed under Part VIA of the Police
Regulation Act 1958".
571071B.I-28/6/2011 30 BILL LA INTRODUCTION 28/6/2011
Justice Legislation Amendment (Protective Services Officers) Bill 2011
Part 12--Amendment of Road Safety Act 1986
s. 45
(2) After section 77(2)(ab) of the Road Safety Act
1986 insert--
"(ac) a protective services officer on duty at a
designated place if the offence occurs at or in
5 the vicinity of the designated place;".
45 Service of parking infringement notices
(1) After section 87(1B)(a) of the Road Safety Act
1986 insert--
"(ab) a protective services officer; or".
10 (2) In section 87(5) of the Road Safety Act 1986
after "police force" insert "or a protective services
officer".
46 Entry by police to council controlled areas
(1) Insert the following heading to section 90G of the
15 Road Safety Act 1986--
"Entry to council controlled areas".
(2) After section 90G(1) of the Road Safety Act
1986 insert--
"(1A) A protective services officer on duty at a
20 designated place may, for the purposes only
of issuing parking infringement notices,
enter any place that is a council controlled
area.".
(3) In section 90G(2) of the Road Safety Act 1986
25 after "police force" insert "or a protective services
officer".
__________________
571071B.I-28/6/2011 31 BILL LA INTRODUCTION 28/6/2011
Justice Legislation Amendment (Protective Services Officers) Bill 2011
Part 13--Amendment of Summary Offences Act 1966
s. 47
PART 13--AMENDMENT OF SUMMARY OFFENCES
ACT 1966
47 Definitions
See: In section 3 of the Summary Offences Act 1966
Act No.
5 7405. insert the following definitions--
Reprint No. 10
as at "designated place has the same meaning as it has
1 January
2009
in section 118D of the Police Regulation
and Act 1958;
amending
Act Nos protective services officer means a protective
9/2008,
10 46/2008, services officer appointed under section
1/2009, 7/2009, 118B(1) of the Police Regulation Act
68/2009,
92/2009, 1958;".
13/2010,
18/2010,
29/2010,
63/2010,
12/2011,
27/2011 and
29/2011.
LawToday:
www.
legislation.
vic.gov.au
48 Direction by police to move on
(1) In the heading to section 6 of the Summary
15 Offences Act 1966 omit "by police".
(2) In section 6(1) of the Summary Offences Act
1966--
(a) after "police force" insert ", or a protective
services officer on duty at a designated
20 place,";
(b) after "the member" insert "or officer".
49 Persons found drunk or drunk and disorderly
In sections 13 and 14 of the Summary Offences
Act 1966 omit "and may be arrested by a member
25 of the police force and lodged in safe custody".
571071B.I-28/6/2011 32 BILL LA INTRODUCTION 28/6/2011
Justice Legislation Amendment (Protective Services Officers) Bill 2011
Part 13--Amendment of Summary Offences Act 1966
s. 50
50 New section 15 inserted
After section 14 of the Summary Offences Act
1966 insert--
"15 Arrest of person found drunk or drunk
5 and disorderly
(1) A person found drunk, or drunk and
disorderly, in a public place may be arrested
by--
(a) a member of the police force; or
10 (b) if the public place is at or in the vicinity
of a designated place--a protective
services officer on duty at the
designated place.
(2) If a protective services officer arrests a
15 person under subsection (1)(b), the
protective services officer must hand the
person into the custody of a member of the
police force as soon as practicable after the
person is arrested.
20 (3) A member of the police force who arrests a
person under subsection (1)(a) or into whose
custody is handed a person arrested by a
protective services officer under subsection
(2) must ensure the person is lodged in safe
25 custody.".
51 Assaulting or resisting constables etc.
(1) In section 52(1) of the Summary Offences Act
1966--
(a) after "police force" insert "or a protective
30 services officer";
(b) after "such member" insert "or officer".
(2) In section 52(2) of the Summary Offences Act
1966 after "police force" insert ", protective
services officer,".
571071B.I-28/6/2011 33 BILL LA INTRODUCTION 28/6/2011
Justice Legislation Amendment (Protective Services Officers) Bill 2011
Part 13--Amendment of Summary Offences Act 1966
s. 52
52 Making false reports to police etc.
(1) In section 53(1) of the Summary Offences Act
1966--
(a) after "police force" (where first occurring)
5 insert "or to a protective services officer";
(b) after "police force" (where secondly
occurring) insert "or a protective services
officer".
(2) In section 53(2) of the Summary Offences Act
10 1966--
(a) in paragraph (a)(ii) after "police force"
insert "or a protective services officer";
(b) in paragraph (b) after "police force" (where
first occurring) insert "or to a protective
15 services officer";
(c) in paragraph (b) after "police force" (where
secondly occurring) insert "or a protective
services officer".
53 Who may file charge-sheet
20 In section 56(1) of the Summary Offences Act
1966 after "police force" insert "or any protective
services officer".
54 Power to serve infringement notice
(1) After section 60AA(1A) of the Summary
25 Offences Act 1966 insert--
"(1AB) A protective services officer may serve an
infringement notice on any person who he or
she has reason to believe has committed at or
in the vicinity of a designated place an
30 offence against--
(a) section 6, 13, 14, or 17A; or
(b) section 17(1)(c) or (1)(d).".
571071B.I-28/6/2011 34 BILL LA INTRODUCTION 28/6/2011
Justice Legislation Amendment (Protective Services Officers) Bill 2011
Part 13--Amendment of Summary Offences Act 1966
s. 54
(2) In section 60AA(1B) of the Summary Offences
Act 1966 after "subsection (1A)" insert "or
(1AB)(b)".
__________________
571071B.I-28/6/2011 35 BILL LA INTRODUCTION 28/6/2011
Justice Legislation Amendment (Protective Services Officers) Bill 2011
Part 14--Amendment of Transport (Compliance and Miscellaneous) Act
s. 55
1983
PART 14--AMENDMENT OF TRANSPORT (COMPLIANCE
AND MISCELLANEOUS) ACT 1983
55 Definitions
See: In section 208 of the Transport (Compliance
Act No.
5 9921. and Miscellaneous) Act 1983 insert the
Reprint No. 15 following definitions--
as at
1 July 2010
and
"designated place has the same meaning as it has
amending in section 118D of the Police Regulation
Act Nos
13/2009,
Act 1958;
93/2009,
10 6/2010, protective services officer means a protective
16/2010, services officer appointed under section
19/2010,
45/2010, 118B(1) of the Police Regulation Act
52/2010, 1958;".
65/2010,
75/2010,
79/2010 and
29/2011.
LawToday:
www.
legislation.
vic.gov.au
56 Transport and ticket infringements
15 (1) For section 212(1) of the Transport (Compliance
and Miscellaneous) Act 1983 substitute--
"(1) Any of the following persons who has reason
to believe that a person has committed a
transport infringement may serve on that
20 person a transport infringement notice--
(a) a member of the police force;
(b) if the offence is believed to have been
committed at or in the vicinity of a
designated place--a protective services
25 officer;
(c) a person who is an officer who is
authorised to issue transport
infringement notices.".
571071B.I-28/6/2011 36 BILL LA INTRODUCTION 28/6/2011
Justice Legislation Amendment (Protective Services Officers) Bill 2011
Part 14--Amendment of Transport (Compliance and Miscellaneous) Act
s. 57
1983
(2) For section 212(1B) of the Transport
(Compliance and Miscellaneous) Act 1983
substitute--
"(1B) Any of the following persons who has reason
5 to believe that a person has committed a
ticket infringement may serve on that person
a ticket infringement notice--
(a) a member of the police force;
(b) if the infringement is believed to have
10 been committed at or in the vicinity of a
designated place--a protective services
officer on duty at the designated place;
(c) an authorised officer.".
57 Power to require names and addresses
15 (1) In section 218B(2) of the Transport
(Compliance and Miscellaneous) Act 1983 after
"authorised officer" insert ", a protective services
officer on duty at a designated place".
(2) In section 218B(3) of the Transport
20 (Compliance and Miscellaneous) Act 1983 after
"authorised officer" insert ", protective services
officer".
(3) In section 218B(3)(b) of the Transport
(Compliance and Miscellaneous) Act 1983 after
25 "police force" insert "or a protective services
officer".
(4) In section 218B(4), (5), (6C) and (6D) of the
Transport (Compliance and Miscellaneous) Act
1983 after "authorised officer" insert ", protective
30 services officer".
571071B.I-28/6/2011 37 BILL LA INTRODUCTION 28/6/2011
Justice Legislation Amendment (Protective Services Officers) Bill 2011
Part 14--Amendment of Transport (Compliance and Miscellaneous) Act
s. 58
1983
58 Power to arrest suspected offenders
In section 219(1) of the Transport (Compliance
and Miscellaneous) Act 1983 after "police force"
insert ", a protective services officer on duty at a
5 designated place".
59 Power to remove offenders
(1) In section 220(1A) of the Transport
(Compliance and Miscellaneous) Act 1983 after
"police force" insert ", a protective services
10 officer on duty at a designated place".
(2) In section 220(1B) of the Transport
(Compliance and Miscellaneous) Act 1983--
(a) in paragraph (a) after "police force" insert
", protective services officer";
15 (b) in paragraph (c)(ii) after "police force or"
insert "any protective services officer,".
(3) In section 220(1C) of the Transport
(Compliance and Miscellaneous) Act 1983 after
"police force" insert ", a protective services
20 officer on duty at a designated place".
(4) In section 220(2) of the Transport (Compliance
and Miscellaneous) Act 1983 after "police force"
insert ", a protective services officer".
(5) In section 220(3) of the Transport (Compliance
25 and Miscellaneous) Act 1983 after "police force"
insert "or any protective services officer".
(6) In section 220(4) of the Transport (Compliance
and Miscellaneous) Act 1983 after "police force"
insert "or a protective services officer".
571071B.I-28/6/2011 38 BILL LA INTRODUCTION 28/6/2011
Justice Legislation Amendment (Protective Services Officers) Bill 2011
Part 14--Amendment of Transport (Compliance and Miscellaneous) Act
s. 60
1983
60 False reports to officers
After section 220AA(a) of the Transport
(Compliance and Miscellaneous) Act 1983
insert--
5 "(ab) a protective services officer on duty at a
designated place;".
61 Definitions
In section 221U of the Transport (Compliance
and Miscellaneous) Act 1983 in the definition of
10 authorised person after paragraph (b) insert--
"(ba) a protective services officer on duty at a
designated place; or".
62 Prosecutions
In sections 229(1), 229(1A)(a) and 229(1A)(b) of
15 the Transport (Compliance and Miscellaneous)
Act 1983 after "police force" insert ", a protective
services officer who, at the time of the alleged
offence, was on duty at a designated place".
__________________
571071B.I-28/6/2011 39 BILL LA INTRODUCTION 28/6/2011
Justice Legislation Amendment (Protective Services Officers) Bill 2011
Part 15--Repeal of Amending Act
s. 63
PART 15--REPEAL OF AMENDING ACT
63 Repeal of amending Act
This Act is repealed on 1 July 2013.
Note
5 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).
571071B.I-28/6/2011 40 BILL LA INTRODUCTION 28/6/2011
Justice Legislation Amendment (Protective Services Officers) Bill 2011
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
571071B.I-28/6/2011 41 BILL LA INTRODUCTION 28/6/2011
[Index] [Search] [Download] [Related Items] [Help]