Victorian Bills

[Index] [Search] [Download] [Related Items] [Help]


This is a Bill, not an Act. For current law, see the Acts databases.


Summary Offences Amendment (Decriminalisation of Public Drunkenness) Bill 2020

Summary Offences Amendment (Decriminalisation
      of Public Drunkenness) Act 2021
                               No.         of 2021


                      TABLE OF PROVISIONS
Clause                                                          Page

Part 1--Preliminary                                                1
 1       Purposes                                                 1
 2       Commencement                                             2
 3       Principal Act                                            2
Part 2--Amendment of Principal Act                                 3
 4       Heading preceding section 13 repealed                    3
 5       Section 13 repealed                                      3
 6       Section 14 repealed                                      3
 7       Section 15 repealed                                      3
 8       Section 16 repealed                                      3
 9       Power to serve infringement notice                       3
 10      Infringement penalty                                     3
 11      Section 60AC repealed                                    3
Part 3--Consequential amendments to other Acts                     4
 12 Consequential amendment of Bail Act 1977                      4
 13 Consequential amendment of Liquor Control Reform Act 1998     4
Part 4--Repeal of this Act                                         5
 14 Repeal of this Act                                            5
                               ═════════════
Endnotes                                                          6
 1       General information                                      6




                                       i
      Summary Offences Amendment
        (Decriminalisation of Public
          Drunkenness) 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 Summary Offences
                  Act 1966--
                   (i) to repeal offences relating to public
                       drunkenness; and




                              1
Summary Offences Amendment (Decriminalisation of Public Drunkenness)
                            Act 2021
                       No.       of 2021
                        Part 1--Preliminary


                     (ii) to make consequential amendments
                          relating to powers of arrest and issue of
                          infringement notices for public
                          drunkenness offences; and
               (b) to make consequential amendments to the
                   Bail Act 1977 and the Liquor Control
                   Reform Act 1998.
     2 Commencement
         (1) Subject to subsection (2), this Act comes into
             operation on a day or days to be proclaimed.
         (2) If a provision of this Act does not come into
             operation before 7 November 2022, it comes into
             operation on that day.
     3 Principal Act
              In this Act, the Summary Offences Act 1966 is
              called the Principal Act.




                                 2
Summary Offences Amendment (Decriminalisation of Public Drunkenness)
                            Act 2021
                       No.       of 2021
                 Part 2--Amendment of Principal Act



     Part 2--Amendment of Principal Act
     4 Heading preceding section 13 repealed
              The heading preceding section 13 of the Principal
              Act is repealed.
     5 Section 13 repealed
              Section 13 of the Principal Act is repealed.
     6 Section 14 repealed
              Section 14 of the Principal Act is repealed.
     7 Section 15 repealed
              Section 15 of the Principal Act is repealed.
     8 Section 16 repealed
              Section 16 of the Principal Act is repealed.
     9 Power to serve infringement notice
         (1) In section 60AA(1) of the Principal Act omit
             "13, 14,".
         (2) In the note at the foot of section 60AA(1) of the
             Principal Act omit all words and expressions
             beginning "Section 13" and ending "disorderly in
             a public place.".
         (3) In section 60AA(1AB)(a) of the Principal Act
             omit ", 13, 14,".
         (4) Section 60AA(3) of the Principal Act is repealed.
    10 Infringement penalty
         (1) In section 60AB(4) of the Principal Act omit
             "13 or".
         (2) Section 60AB(5) of the Principal Act is repealed.
    11 Section 60AC repealed
              Section 60AC of the Principal Act is repealed.




                                 3
Summary Offences Amendment (Decriminalisation of Public Drunkenness)
                            Act 2021
                       No.       of 2021
           Part 3--Consequential amendments to other Acts



Part 3--Consequential amendments to other
                 Acts
    12 Consequential amendment of Bail Act 1977
              In section 11(1) of the Bail Act 1977, for "any of
              the provisions of sections 13, 14, 16 and 17"
              substitute "section 17".
    13 Consequential amendment of Liquor Control
       Reform Act 1998
              Item 4 of Schedule 2 to the Liquor Control
              Reform Act 1998 is repealed.




                                 4
Summary Offences Amendment (Decriminalisation of Public Drunkenness)
                            Act 2021
                       No.       of 2021
                       Part 4--Repeal of this Act



               Part 4--Repeal of this Act
    14 Repeal of this Act
               This Act is repealed on 7 November 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).
                      ═════════════




                                    5
      Summary Offences Amendment (Decriminalisation of Public Drunkenness)
                                  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
        Summary Offences Act 1966 to repeal offences relating to public
        drunkenness, to make consequential amendments to the Bail Act 1977
        and the Liquor Control Reform Act 1998 and for other purposes."




                   By Authority. Government Printer for the State of Victoria.



                                               6


 


[Index] [Search] [Download] [Related Items] [Help]