Victorian Bills Explanatory Memoranda Victorian Bills Explanatory Memoranda[Index] [Search] [Download] [Bill] [Help]
Sustainable Forests Timber Amendment
(Timber Harvesting Safety Zones)
Bill 2022
Introduction Print
Note: replacement Explanatory Memorandum lodged with one correction to Clause Note 7 on
page 3--the reference to "being in possession of a prohibited thing" has been changed to
"entering or remaining"; one correction to Clause Note 8 on page 3--the reference to "allowing a
dog to enter" has been changed to "being in possession of a prohibited thing in"; and one
correction to Clause Note 9 on page 3--the reference to "being in possession of a prohibited
thing in" has been changed to "allowing a dog to enter".
EXPLANATORY MEMORANDUM
General
The Sustainable Forests Timber Amendment (Timber Harvesting Safety
Zones) Bill 2022 amends the Sustainable Forests (Timber) Act 2004 to
strengthen the existing regulatory framework for timber harvesting in timber
harvesting safety zones. This includes increasing penalties for existing
offences and the introduction of regime for banning notices.
Clause Notes
Clause 1 sets out the purposes of the Bill, which is to amend the
Sustainable Forests (Timber) Act 2004 (the Principal Act) in
relation to--
increasing penalties for offences under the Act;
expanding the definition of a prohibited thing in a
timber harvesting safety zone to include polyvinyl
chloride (PVC)/metal pipes and provide for search and
seizure powers in relation to a prohibited thing or
another item used in the commission of an offence;
providing for offences for obstructing or hindering
authorised persons and machinery in a timber harvesting
safety zone; and
591272 1 BILL LA INTRODUCTION 10/6/2022
including banning notice provisions in the Act.
Clause 2 provides for the commencement of the Bill.
Subclause (1) provides that, subject to subclause (2), the Bill
comes into operation on a day or days to be proclaimed.
Subclause (2) provides that if a provision of the Bill does not
come into operation before 20 May 2023, it comes into operation
on that day.
Clause 3 amends section 3 of the Principal Act to amend the definitions of
prohibited thing and timber harvesting operations, and insert the
new definition of banning notice. The amendment of the
definition of prohibited thing is designed to reduce the chance of
this equipment being used to prolong protests in ways that risk
harm to protesters and workers and reduce the likelihood that
protesters will place themselves in hazardous areas that risk the
safety of workers and the protesters themselves.
The amendment of the definition of timber harvesting operations
is designed to explicitly provide that the current offence
framework for intentionally hindering, obstructing or interfering
with timber harvesting machinery under the Act, and applies to
the interference of authorised personnel engaging in timber
harvesting operations. This amendment will also ensure that the
offence framework applies to interference with timber harvesting
machinery.
The insertion of the definition of DJPR Secretary provides for
the Department Head of the Department of Jobs, Precincts and
Regions to have power to vary and revoke a banning notice under
the new section 94CC of the Bill.
Clause 4 amends section 77D(2) of the Principal Act to increase the
penalty for failing to comply with a direction to leave a timber
harvesting safety zone from 20 penalty units to 60 penalty units.
The amendment reflects the seriousness of the offence and the
need for the Act to better deter dangerous protest behaviour in
timber harvesting safety zones.
Clause 5 amends section 77E(2) of the Principal Act to increase the
penalty for failing to comply with a direction to stop or move a
vehicle in a timber harvesting safety zone from 20 penalty units
to 60 penalty units. The amendment reflects the seriousness of
2
the offence and the need for the Act to better deter dangerous
protest behaviour in timber harvesting safety zones.
Clause 6 amends section 77F(2) of the Principal Act to increase the
penalty for failing to comply with a direction to remove a dog
from a timber harvesting safety zone from 20 penalty units to
60 penalty units.
Clause 7 amends section 77G of the Principal Act to increase the penalty
for a person who commits an offence of entering or remaining in
a timber harvesting safety zone from 20 penalty units to
60 penalty units.
Clause 8 amends section 77H of the Principal Act to increase the penalty
for a person who commits the offence of being in possession of a
prohibited thing in a timber harvesting safety zone from
20 penalty units to 60 penalty units.
Clause 9 amends section 77I of the Principal Act to increase the penalty
for a person who commits the offence of allowing a dog to enter
a timber harvesting safety zone from 20 penalty units to
60 penalty units.
Clause 10 amends section 84(3) and (5) of the Principal Act to increase the
penalty for failure to comply with the requirement to provide an
authorised officer or a police officer with a name and address
from 5 penalty units to 20 penalty units.
Clause 11 amends section 86 of the Principal Act to increase the penalty for
committing the offence of hindering or obstructing an authorised
officer to 120 penalty units or 12 months imprisonment.
Clause 12 amends section 87 of the Principal Act to increase the penalty for
committing the offence of threatening or abusing an authorised
officer to 120 penalty units or 12 months imprisonment.
Clause 13 inserts new section 88A of the Principal Act which provides an
explicit power for an authorised officer or a police officer to
search for and seize prohibited things or items in a timber
harvesting safety zone.
Subsection (1) restricts the exercise of the power to search and
seize a prohibited thing by an authorised officer or a police
officer so that it can only be exercised within a timber harvesting
safety zone. The exercise of the power is restricted to apply to
3
those persons most likely to be engaged in dangerous activity and
deter their activities.
Subsection (2) allows an authorised officer or a police officer
who believes on reasonable grounds that a person has committed,
is committing or is about to commit an offence under the
Principal Act or the regulations, to search any vehicle, bag,
container or other receptacle and seize any item within it that an
officer believes on reasonable grounds may be or contain a
prohibited thing or an item used, being used or about to be used,
in the commission of an offence. The subsection includes an
example clause that an item may include specialised climbing
equipment used to establish a tree sit structure or chains and
locks that may be used to disable machinery used for the purpose
of timber harvesting operations.
Subsection (3) requires an authorised officer or a police officer
who seizes a prohibited thing or another item under section 88A
to immediately provide the person with a written receipt which
indicates the nature of the seized prohibited thing or item, the
location immediately prior to its seizure, the date and time the
authorised officer or police officer conducted the search and
seized the prohibited thing or item, the name of the officer who
seized the prohibited thing or item, and the address where it will
be held in accordance within the Act.
Subsection (4) explicitly restricts the power in section 88A to
ensure that the powers to search and seize under this section do
not authorise an authorised officer or a police officer to conduct
body searches.
Clause 14 inserts "or 88A" after "88" in section 89(1) of the Principal Act to
include the new search and seizure powers created by
section 88A. Subclause (2) inserts new section 89(4) of the
Principal Act to expand the reference to an item to include a
prohibited thing so that it incorporates the new scheme around
the search and seizure powers in relation to the ownership of a
prohibited thing.
Clause 15 inserts "or 88A" in section 90 of the Principal Act to include the
new search and seizure powers created by section 88A.
Clause 16 inserts "or 88A" in section 91(1) and 91(1A) of the Principal Act
to include the new search and seizure powers created by
section 88A.
4
Clause 17 amends section 94A of the Principal Act to increase the penalty
for the offence of intentionally hindering, obstructing or
interfering with timber harvesting operations by using a
prohibited thing from 60 penalty units to 120 penalty units and
from 6 months imprisonment to 12 months imprisonment.
Subclause (2) inserts a note at the foot of section 94A of the
Principal Act to note the definition of timber harvesting
operations in section 3, which is used in section 94A of the
Principal Act.
Clause 18 amends section 94B of the Principal Act to increase the penalty
for the offence of hindering, obstructing or interfering with
timber harvesting operations from 20 penalty units to 60 penalty
units.
Subclause (2) inserts a note at the foot of section 94B of the
Principal Act to note the definition of timber harvesting
operations in section 3, which is used in section 94B of the
Principal Act.
Clause 19 amends the heading of Part 9B in the Principal Act to incorporate
the banning notice scheme in that part of the Act.
Clause 20 inserts a new Division 1 heading in Part 9B of the Principal Act
to incorporate banning notice provisions as part of the penalties
regime in the Principal Act.
Clause 21 updates the specified offences in section 94C(c) of the Principal
Act to include the offences in new sections 94CD and 94CF.
Clause 22 inserts new Division 2 of Part 9B into the Principal Act to create
the new regime of banning notices and inserts a Division 3
heading.
New Division 2 allows an authorised officer or a police officer to
issue a banning notice for the period and times specified in the
notice if the authorised police officer or police officer suspect on
reasonable grounds that a person is committing or has committed
a specified offence.
The banning notice framework has been closely modelled on
similar provisions in the Wildlife Act 1975 and has been
developed to enable more immediate and effective action to be
taken to prevent forest protesters repeatedly engaging in protest
activity.
5
New section 94CA(4) requires an authorised officer or police
officer to provide evidence either of the authorised officer's
identity or proof of the police officer's identity and official status,
unless they are in uniform. Where a police officer is not in
uniform, they can discharge the identification obligation through
their certificate of identity.
New section 94CB prescribes the content which must be stated in
the banning notice, including the name of the person to whom the
notice is given, the relevant specified offence, the name of the
authorised officer or police officer, the timber harvesting safety
zone to which the notice applies, the timeframe of the notice and
that it is an offence to contravene the notice.
New section 94CC provides a mechanism for a banning notice,
once given to be varied or revoked by a police officer of or above
the rank of sergeant, or the Secretary of the Department of Jobs,
Precincts and Regions.
New section 94CD creates offences for contravening a banning
notice. New subsection (1) creates an offence against entering or
re-entering a specified timber harvesting safety zone once a
person has been given a banning notice. Subsection (2) creates
an offence against remaining in a specified timber harvesting
safety zone, if a person has been issued with a banning notice.
The penalty for either offence is 60 penalty units.
New section 94CE empowers a police officer or an authorised
officer to direct a person to leave a timber harvesting safety zone
where the person is in the timber harvesting safety zone in
contravention of a previously issued notice.
New section 94CF creates an offence for contravening a direction
given under 94CE, with a penalty of 60 penalty units.
Clause 23 amends section 94F(1)(b) of the Principal Act to increase the
penalty for contravening an exclusion order from 60 penalty units
to 120 penalty units.
Clause 24 amends section 94H(1) of the Principal Act to increase the
penalty for the offence of refusing to comply with a direction to
leave an area to which an exclusion order applies from 60 penalty
units to 120 penalty units.
6
Clause 25 inserts a new paragraph into section 96(1) of the Principal Act to
provide a head of power for the Governor in Council to make
regulations prescribing as a prohibited thing any item or thing
which is capable of hindering, obstructing or interfering with
timber harvesting operations.
Clause 26 provides for the automatic repeal of the amending Act on 20 May
2024. This repeal does not affect the continuing operation of the
amendments made by it (see section 15(1) of the Interpretation
of Legislation Act 1984).
7