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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Crimes, Confiscation and Evidence Acts
(Amendment) Act 1998
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purpose 1
2. Commencement 2
PART 2--CRIMES ACT 1958 3
3. Provision of forensic reports 3
4. New section 590 inserted 4
590. Transitional provision--Crimes, Confiscation and
Evidence Acts (Amendment) Act 1998 4
PART 3--CONFISCATION ACT 1997 5
5. Transitional provisions 5
PART 4--EVIDENCE ACT 1958 7
6. New sections 19A to 19E inserted 7
19A. Application of Division 7
19B. Public may be excluded in certain circumstances 8
19C. Incriminating answers 8
19D. Legal professional privilege 9
19E. Powers of entry, inspection and possession 9
NOTES 12
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PARLIAMENT OF VICTORIA
A BILL
to amend the Crimes Act 1958, the Confiscation Act 1997 and the
Evidence Act 1958 and for other purposes.
Crimes, Confiscation and Evidence Acts
(Amendment) Act 1998
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purpose
The purpose of this Act is--
(a) to amend provisions of the Crimes Act 1958
5 concerning the provision of forensic reports;
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(b) to clarify transitional arrangements under the
Confiscation Act 1997;
(c) to make further provisions for commissions
of inquiry.
5 2. Commencement
(1) This Act, except Parts 3 and 4, comes into
operation on the day on which it receives the
Royal Assent.
(2) Part 3 is deemed to have come into operation on
10 1 July 1998.
(3) Part 4 is deemed to have come into operation on
20 October 1998.
_______________
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Act No.
PART 2--CRIMES ACT 1958
3. Provision of forensic reports
No. 6231.
In the Crimes Act 1958--
Reprint No. 14
(a) in section 464ZD-- as at 1 July
1998.
5 (i) after "with" insert "section 464R,
464T(3), 464U(7), 464V(5) or
464ZF(2) or (3) or sections 464ZGB to
464ZGD or otherwise in accordance
with";
10 (ii) omit "but in any event not more than
7 days after receipt by the prosecution";
(iii) after "that person" insert "(or, in the
case of a forensic procedure conducted
in accordance with section 464ZF on a
15 person who is a child within the
meaning of that section, to that child
and a parent or guardian of that child)";
(b) in section 464ZE(1), after paragraph (a)
insert--
20 "(ab) a copy of a forensic report relating to
the procedure required by section
464ZD to be given or sent by registered
post to a person had not been given or
sent to that person before the end of the
25 period of 7 days after its receipt by the
prosecution; or";
(c) in section 464ZE(2) and (2A), after "sub-
section (1)(a)" (wherever occurring) insert
"or (1)(ab)";
30 (d) section 464ZF(11) is repealed;
(e) section 464ZGE(12) is repealed.
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4. New section 590 inserted
After section 589 of the Crimes Act 1958
insert--
"590. Transitional provision--Crimes,
5 Confiscation and Evidence Acts
(Amendment) Act 1998
The amendments to this Act made by
section 3 of the Crimes, Confiscation and
Evidence Acts (Amendment) Act 1998
10 apply only with respect to forensic
procedures within the meaning of
Subdivision (30A) of Division 1 of Part III
conducted after the commencement of that
section.".
15 _______________
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Act No.
PART 3--CONFISCATION ACT 1997
5. Transitional provisions
No. 108/1997.
(1) In section 157 of the Confiscation Act 1997, after
Reprint No. 1
sub-section (4) insert-- as at 1 July
1998.
5 "(4A) The Crimes (Confiscation of Profits) Act
1986 continues to apply, despite its repeal,
with respect to serious offences and
interstate serious offences within the
meaning of that Act for which a criminal
10 proceeding was commenced before the
commencement of Part 2 of this Act
(irrespective of whether any conviction of
that offence for the purposes of that Act
occurs before or after the commencement of
15 that Part) as if that Act had not been
repealed.
(4B) Without limiting sub-section (4A)--
(a) any application, appeal or order may be
made, direction given, warrant issued
20 or other thing done under the Crimes
(Confiscation of Profits) Act 1986 that
could have been made, given, issued or
done under that Act had it not been
repealed; and
25 (b) anything made, given, issued or done
under that Act after its repeal by virtue
of this section has the like effect as it
would have had if that Act had not been
repealed.".
30 (2) In section 157 of the Confiscation Act 1997, after
sub-section (11) insert--
"(12) A reference in this section to the Crimes
(Confiscation of Profits) Act 1986 is a
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reference to that Act as in force immediately
before its repeal.
(13) The amendments made to this section by
section 5 of the Crimes, Confiscation and
5 Evidence Acts (Amendment) Act 1998 do
not affect the rights of the parties that were
the subject of the proceeding known as
Martin v Cooper and Martin heard in the
Magistrates' Court at Melbourne and
10 determined on 7 October 1998.".
_______________
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PART 4--EVIDENCE ACT 1958
6. New sections 19A to 19E inserted
No. 6246.
After section 19 of the Evidence Act 1958
Reprint No. 12
insert-- as at
1 September
5 "19A. Application of Division 1998.
(1) This Division applies in relation to a
commission as if a reference in this Division
to a document included a reference to a
thing.
10 (2) Nothing in any Act or law prevents the
application of this Division for the purposes
of a commission to and in relation to--
(a) a person who is--
(i) a coroner within the meaning of
15 the Coroners Act 1985;
(ii) the Victorian WorkCover
Authority or a member of its
Board of Management;
(iii) any other public statutory
20 authority or a member of the
board of management (by
whatever named called) of such an
authority;
(iv) the Director of Public
25 Prosecutions;
(v) a member of the police force;
(vi) the holder of an office established
by or under an Act;
(b) any information, document or thing
30 obtained by or in the possession or
control of any such person;
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(c) the disclosure or production to the
commission of any such information,
document or thing.
19B. Public may be excluded in certain
5 circumstances
(1) The commissioner presiding at a hearing of a
commission may order the exclusion of the
public or of persons specified by the
commissioner from the hearing or a part of it
10 if the commissioner is satisfied that the
exclusion of the public, or of those persons,
from the hearing or a part of it would
facilitate the conduct of the inquiry by the
commission or would otherwise be in the
15 public interest.
(2) The commissioner presiding at a hearing of a
commission may make an order prohibiting
the publication of a report of the whole or
any part of the proceedings of a hearing or
20 part of a hearing to which an order under
sub-section (1) applies or of any information
derived from the hearing or part of it except
by, or with the leave of, the commission.
(3) If an order is made under sub-section (2), the
25 commissioner presiding at the hearing must
cause a copy of the order to be posted on a
door or other conspicuous place where the
hearing is held.
(4) A person must not contravene an order made
30 and posted under sub-sections (2) and (3).
Penalty: 30 penalty units or imprisonment
for 3 months.
19C. Incriminating answers
(1) Despite anything to the contrary in this
35 Division, a person required to provide any
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information, or to produce any document or
thing, to a commission, or appearing before a
commission to give evidence, is not excused
from providing the information, or producing
5 the document or thing, or giving the
evidence, on the ground that the information,
or document or thing, or evidence, may tend
to incriminate him or her.
(2) Any information provided, or document or
10 thing produced, or evidence given, by a
person to a commission is not admissible
against him or her in any proceedings,
whether civil or criminal, nor can it be made
the ground of any prosecution, action or suit
15 against him or her other than in proceedings
for perjury or giving false information.
19D. Legal professional privilege
(1) Despite anything to the contrary in this
Division, if a person is required by a
20 commission to answer a question or produce
a document or thing, the person is not
excused from complying with the
requirement on the ground that the answer to
the question would disclose, or the document
25 contains, or the thing discloses, matter in
respect of which the person could claim legal
professional privilege.
(2) The commissioner may require the person to
comply with the requirement at a hearing of
30 the commission from which the public, or
specified persons, are excluded in
accordance with section 19B.
19E. Powers of entry, inspection and possession
(1) If the commissioners of a commission
35 reasonably consider it necessary for the
purposes of the commission, a
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commissioner, with such assistance as he or
she thinks fit--
(a) may enter and inspect any place and
any document or thing in that place;
5 and
(b) may make a copy of any document
relevant, or that the commissioner
reasonably considers may be relevant,
to the commission; and
10 (c) may take possession of any document
or thing which the commissioner
considers relevant to the commission
and may keep it until the commission
has completed its inquiry and report.
15 (2) If the commissioners of a commission
reasonably consider it necessary for the
purposes of the commission, a commissioner
may, in writing, authorise a member of the
police force to do any one or more of the
20 following at or between specified times
during a specified period (not exceeding one
month after the authority is given)--
(a) to enter a specified place;
(b) to inspect a specified place and any
25 document or thing in that place;
(c) to make a copy of specified documents
or classes of documents;
(d) to take possession of specified things or
classes of things.
30 (3) A member of the police force must not
exercise a power under an authority under
sub-section (2), unless the member has given
a copy of the authority to the owner or
occupier or the person in possession of the
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document or thing to be inspected, copied or
taken.
(4) A commissioner may release any document
or thing kept under sub-section (1)(c) or
5 (2)(d) and may require a person to whom the
document or thing is released to give an
undertaking to comply with any reasonable
conditions of release.
(5) A person must comply with an undertaking
10 concerning release.
Penalty: 10 penalty units.".
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Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
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Act No.
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