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Police and Emergency Management Legislation Amendment Act 2012

No. 35 of 2012

TABLE OF PROVISIONSSection Page

PART 1—PRELIMINARY 1

1 Purposes 12 Commencement 2

PART 2—AMENDMENTS TO THE BUSHFIRES ROYAL COMMISSION IMPLEMENTATION MONITOR ACT 2011 4

3 Definitions 44 Terms and conditions 45 Reports made by the Implementation Monitor under this Act 46 Sunset provision 5

PART 3—AMENDMENTS TO THE COUNTRY FIRE AUTHORITY ACT 1958 6

7 Determination of sole responsibility for fire suppression in certain areas 6

PART 4—AMENDMENTS TO THE POLICE REGULATION ACT 1958 7

8 Constitution of the police force 79 Authority of Chief Commissioner and officers 7

PART 5—AMENDMENTS TO THE SALE OF LAND ACT 1962 8

10 Statement of matters affecting land being sold 8

PART 6—AMENDMENTS TO CONTROL OF WEAPONS ACT 1990 9

11 Exemption of health service workers 912 Exemption of person exercising power under the Education

and Training Reform Act 2006 913 Exemptions for prohibited weapons and body armour 914 Approvals for prohibited weapons and body armour 915 Power to require production of approval 9

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16 Warrant to search 917 New section 17 inserted 10

17 Savings provision—Police and Emergency Management Legislation Amendment Act 2012 10

PART 7—REPEAL OF AMENDING ACT 12

18 Repeal of amending Act 12═══════════════

ENDNOTES 13

Police and Emergency Management Legislation Amendment Act 2012†

No. 35 of 2012

[Assented to 13 June 2012]

The Parliament of Victoria enacts:

PART 1—PRELIMINARY

1 Purposes

The main purposes of this Act are—

(a) to amend the Bushfires Royal Commission Implementation Monitor Act 2011 to extend the operation of that Act and reporting requirements under it for a further 2 years; and

Victoria

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(b) to amend the Country Fire Authority Act 1958 to expand the category of persons who are able to exercise the powers of the Chief Officer of the Country Fire Authority in circumstances where an officer of the Country Fire Authority is not present; and

(c) to amend the Police Regulation Act 1958—

(i) to remove the limitations on the number of Deputy Commissioners and Assistant Commissioners that may be appointed under the Act; and

(ii) to enable the Chief Commissioner to determine standards as to grooming and clothing accessories; and

(d) to amend the Sale of Land Act 1962 to require a vendor's statement to disclose when land is in a bushfire-prone area; and

(e) to amend the Control of Weapons Act 1990 to further provide for the granting of exemptions, approvals and search warrants under that Act in respect of prohibited weapons and to make other amendments to that Act.

2 Commencement

(1) This Part comes into operation on the day on which this Act receives the Royal Assent.

(2) Sections 11, 12, 13, 14 and 17 are taken to have come into operation on 16 May 2012.

(3) Parts 2, 3, 4 and 7 and the remaining provisions of Part 6 come into operation on the day after the day on which this Act receives the Royal Assent.

(4) Subject to subsection (5), Part 5 comes into operation on a day to be proclaimed.

Section Page

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s. 2

(5) If Part 5 does not come into operation before 31 July 2013, it comes into operation on that day.

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s. 2

PART 2—AMENDMENTS TO THE BUSHFIRES ROYAL COMMISSION IMPLEMENTATION MONITOR ACT 2011

3 Definitionss. 3

See:Act No.6/2011.LawToday:www.legislation.vic.gov.au

(1) In section 3 of the Bushfires Royal Commission Implementation Monitor Act 2011 insert the following definition—

"BRCIM Annual Report means a Bushfires Royal Commission Implementation Monitor Annual Report prepared by the Implementation Monitor under section 20(1)(c) or (d);".

(2) In section 3 of the Bushfires Royal Commission Implementation Monitor Act 2011, in the definition of BRCIM Report—

(a) in paragraph (b) after "Report;" insert "and"; and

(b) after paragraph (b) insert—

"(c) a BRCIM Annual Report;".

4 Terms and conditions

In section 7(1)(a) of the Bushfires Royal Commission Implementation Monitor Act 2011, for "2012" substitute "2014".

5 Reports made by the Implementation Monitor under this Act

(1) In section 20(1) of the Bushfires Royal Commission Implementation Monitor Act 2011—

Part 1—Preliminary

Police and Emergency Management Legislation Amendment Act 2012No. 35 of 2012

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(a) for "2" substitute "4"; and

(b) in paragraph (b), for "2012." substitute "2012;"; and

(c) after paragraph (b) insert—

"(c) 31 July 2013;

(d) 31 July 2014.".

(2) After section 20(2) of the Bushfires Royal Commission Implementation Monitor Act 2011 insert—

"(3) A BRCIM Annual Report must include a report—

(a) on the progress of any implementation action that has not been completed as at the date of the previous BRCIM Report; and

(b) on any other matter requested by the Minister.".

6 Sunset provision

In section 25 of the Bushfires Royal Commission Implementation Monitor Act 2011, for "2012" substitute "2014".

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s. 6Part 1—Preliminary


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PART 3—AMENDMENTS TO THE COUNTRY FIRE AUTHORITY ACT 1958

7 Determination of sole responsibility for fire suppression in certain areas

s. 7See:Act No.6228.Reprint No. 13as at6 May 2010and amendingAct Nos6/2010, 29/2010, 54/2010, 64/2010, 73/2010, 78/2010, 10/2011, 29/2011, 56/2011 and 5/2012.LawToday:www.legislation.vic.gov.au

In section 33(2)(a) of the Country Fire Authority Act 1958, for "forest officer" substitute "person to whom section 30A applies".

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PART 4—AMENDMENTS TO THE POLICE REGULATION ACT 1958

8 Constitution of the police forces. 8

See:Act No.6338.Reprint No. 14as at27 April 2012and amendingAct No. 13/2012.LawToday:www.legislation.vic.gov.au

In section 4(2) of the Police Regulation Act 1958—

(a) omit "(not exceeding four)"; and

(b) omit "(not exceeding ten)".

9 Authority of Chief Commissioner and officers

(1) In section 5(2)(b) of the Police Regulation Act 1958, for "carried." substitute "carried; and".

(2) After section 5(2)(b) of the Police Regulation Act 1958 insert—

"(c) standards of grooming and acceptable clothing accessories for members of the force, police recruits, police reservists and protective services officers, which may—

(i) differ based on sex, gender identity, physical features or religious belief or activity; and



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(ii) provide for exceptions based on genuine medical, cultural or religious grounds.".

(3) After section 5(2) of the Police Regulation Act 1958 insert—

"(3) For the purposes of subsection (2)(c), acceptable clothing accessories includes but is not limited to jewellery, headgear, sunglasses and makeup.".

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PART 5—AMENDMENTS TO THE SALE OF LAND ACT 1962

10 Statement of matters affecting land being soldSee:Act No.6975.Reprint No. 14as at17 March 2011and amendingAct Nos92/1990, 54/2010, 63/2010 and 31/2011.LawToday:www.legislation.vic.gov.aus. 10

After section 32(2)(db) of the Sale of Land Act 1962 insert—

"(dc) if the land is in a bushfire-prone area within the meaning of regulations made under the Building Act 1993, a statement that the land is in such an area;".

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PART 6—AMENDMENTS TO CONTROL OF WEAPONS ACT 1990

11 Exemption of health service workers

(1) In section 7A(1) of the Control of Weapons Act 1990 after "section 5," insert "5AA, 5AB(1),".

(2) In section 7A(2) of the Control of Weapons Act 1990 after "section 5," insert "5AA, 5AB(1),".

12 Exemption of person exercising power under the Education and Training Reform Act 2006

In section 7B(1) of the Control of Weapons Act 1990 after "section 5," insert "5AA, 5AB(1),".

13 Exemptions for prohibited weapons and body armour

In section 8B(1)(a) of the Control of Weapons Act 1990 after "(except section 5(1AC) or (1AD))" insert ", 5AA, 5AB(1)".

14 Approvals for prohibited weapons and body armour

In section 8C(1) of the Control of Weapons Act 1990, after "(except section 5(1AC) or (1AD))" insert ", 5AA, 5AB(1)".

15 Power to require production of approval

In section 8G(1)(a) of the Control of Weapons Act 1990 after "section 5" insert ", 5AA or 5AB(1)".

16 Warrant to search

In section 11(1) of the Control of Weapons Act 1990, after "section 5" (wherever occurring) insert ", 5AA or 5AB".



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17 New section 17 inserted

After section 16 of the Control of Weapons Act 1990 insert—

"17 Savings provision—Police and Emergency Management Legislation Amendment Act 2012

(1) On and from the commencement of section 4 of the Control of Weapons and Firearms Acts Amendment Act 2012, any Order made by the Governor in Council under section 8B(1), being an Order in force immediately before that commencement exempting a class of person, or a class of prohibited weapons (other than imitation firearms) or a corrections officer, military officer or police officer from any provision of section 5(1) is taken also to have the effect of an exemption from the provisions of section 5AA, to the same extent as that Order has provided for an exemption from the provisions of section 5(1).

(2) On and from the commencement of section 4 of the Control of Weapons and Firearms Acts Amendment Act 2012, any Order made by the Governor in Council under section 8B(1), being an Order in force immediately before that commencement exempting a class of person, or a class of prohibited weapons (being imitation firearms) or a corrections officer, military officer or police officer from any provision of section 5(1) is taken also to have the effect of an exemption from the provisions of section 5AB(1), to the same extent as that Order has provided for an exemption from the provisions of section 5(1).



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(3) On and from the commencement of section 4 of the Control of Weapons and Firearms Acts Amendment Act 2012, any approval granted by the Chief Commissioner under section 8C, being an approval in force immediately before that commencement, that—

(a) in relation to prohibited weapons (other than imitation firearms), approves a person to do anything that is otherwise prohibited by any provision of section 5 (except section 5(1A) or (1D)) is taken also to have the effect of an approval to do anything otherwise prohibited by any provision of section 5AA, to the same extent as the approval provides for section 5(1); or

(b) in relation to imitation firearms, approves a person to do anything that is otherwise prohibited by any provision of section 5 (except section 5(1A) or (1D)) is taken also to have the effect of an approval to do anything otherwise prohibited by any provision of section 5AB(1), to the same extent as the approval provides for section 5(1).".

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PART 7—REPEAL OF AMENDING ACT

18 Repeal of amending Act

This Act is repealed on 31 July 2014.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).

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ENDNOTES

Endnotes


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† Minister's second reading speech—

Legislative Assembly: 2 May 2012

Legislative Council: 24 May 2012

The long title for the Bill for this Act was "A Bill for an Act to amend the Bushfires Royal Commission Implementation Monitor Act 2011 to extend the operation of that Act, to amend the Country Fire Authority Act 1958 as to persons who are able to exercise the powers of the Chief Officer of the Country Fire Authority where an officer of the Country Fire Authority is not present, to amend the Police Regulation Act 1958 as to appointments of Deputy and Assistant Commissioners and as to standards as to grooming and clothing accessories, and to amend the Sale of Land Act 1962 to require a vendor's statement to disclose when land is in a bushfire-prone area and to amend the Control of Weapons Act 1990 and for other purposes."

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