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PARLIAMENT OF VICTORIA
Summary Offences (Amendment) Act 1998
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 1
3. Principal Act 2
4. Habitual drunkard 2
5. Making false reports to police 2
6. Transitional 3
NOTES 4
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PARLIAMENT OF VICTORIA
A BILL
to amend the Summary Offences Act 1966 and for other purposes.
Summary Offences (Amendment) Act
1998
The Parliament of Victoria enacts as follows:
1. Purpose
The purpose of this Act is to amend the Summary
Offences Act 1966 with respect to--
(a) habitual drunkenness; and
5 (b) making a false report to police.
2. Commencement
This Act comes into operation on the day on
which it receives the Royal Assent.
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Summary Offences (Amendment) Act 1998
s. 3
Act No.
3. Principal Act
No. 7405. In this Act, the Summary Offences Act 1966 is
Reprinted to
called the Principal Act.
No. 23/1994
and
subsequently
amended by
No. 44/1997.
4. Habitual drunkard
5 Section 15 of the Principal Act is repealed.
5. Making false reports to police
(1) In section 53(1) of the Principal Act, for "15
penalty units or imprisonment for three months"
substitute "120 penalty units or imprisonment for
10 1 year".
(2) In section 53 of the Principal Act, for sub-section
(6A) substitute--
'(6A) In addition to and without derogating from
section 86 of the Sentencing Act 1991, if a
15 court finds a person guilty of, or convicts a
person of, an offence against this section, the
court may order the person to pay to the
informant a reasonable amount for any
expenses, including remuneration payable to
20 members of the police force, incurred by the
State arising out of or incidental to the
commission of the offence.
(6AB) In sub-section (6A) "remuneration", in
relation to a person, includes long service
25 leave entitlements, holiday pay,
superannuation contributions and any other
employment benefits.
(6AC) If a court decides to make an order under
sub-section (6A), sub-sections (2), (3), (4),
30 (7), (8) and (9) of section 86 of the
Sentencing Act 1991 apply as if--
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Summary Offences (Amendment) Act 1998
s. 6
Act No.
(a) a reference to an order under sub-
section (1) were a reference to an order
under sub-section (6A); and
(b) a reference to compensation were a
5 reference to expenses referred to in
sub-section (6A).
(6AD) An order under sub-section (6A) must be
taken to be a judgment debt due by the
offender to the informant and payment of
10 any amount remaining unpaid under the
order may be enforced in the court by which
it was made.'.
6. Transitional
In section 62 of the Principal Act, at the end of the
15 section insert--
"(2) Section 53 as amended by section 5 of the
Summary Offences (Amendment) Act
1998 applies only to offences committed
after the commencement of that Act.".
20
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Summary Offences (Amendment) Act 1998
Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
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Summary Offences (Amendment) Act 1998
Act No.
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532063B.I1-24/2/98
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