Victorian Current Acts Victorian Current ActsS. 53(1) amended by Nos 9554 s. 2(2)(Sch. 2 item 341), 9642 s. 2(1),
8/1998
s. 5(1), 43/2011 s. 52(1), 37/2014 s. 10(Sch. item 160.18).
(1) Any person who falsely and with knowledge of the falsity of the report voluntarily reports or causes to be reported to any police officer or to a protective services officer that an act has been done or an event has occurred, which act or event as so reported is such as calls for an investigation by a police officer or a protective services officer shall be guilty of an offence.
Penalty: 120 penalty units or imprisonment for 1 year.
S. 53(2) substituted by No. 9642 s. 2(2).
(2) For the purposes of subsection (1)—
(a) "voluntarily", in respect of a report by any person, means—
(i) of that person's own motion and volition; and
S. 53(2)(a)(ii) amended by Nos 43/2011 s. 52(2)(a), 37/2014 s. 10(Sch. item 160.18).
(ii) otherwise than in the course of an interrogation made by a police officer or a protective services officer; and
S. 53(2)(b) amended by Nos 43/2011 s. 52(2)(b)(c), 37/2014 s. 10(Sch. item 160.18).
(b) "causes to be reported" includes creating any circumstances or doing any acts for the purpose of inducing or which induce some other person to report to a police officer or to a protective services officer that an act has been done or event occurred which calls for investigation by a police officer or a protective services officer.
S. 53(3) repealed by No. 7/2009 s. 436 (as amended by No. 68/2009 s. 54(v)).
* * * * *
S. 53(4) repealed by No. 68/2009 s. 97(Sch. item 115.14).
* * * * *
S. 53(5) repealed by No. 7/2009 s. 436 (as amended by No. 68/2009 s. 54(v)).
* * * * *
S. 53(6) amended by No. 9019 s. 2(1)(Sch. item 215), repealed by No. 7/2009 s. 436 (as amended by No. 68/2009 s. 54(v)).
* * * * *
S. 53(6A) inserted by No. 9642 s. 3,
substituted by No. 8/1998
s. 5(2), amended by No. 80/2001 s. 6(1).
(6A) In addition to and without derogating from section 86 of the Sentencing Act 1991 , if a 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 any emergency service worker within the meaning of Division 2B of Part 4 of the Sentencing Act 1991 , incurred by the State arising out of or incidental to the commission of the offence.
S. 53(6AB) inserted by No.
8/1998
s. 5(2).
(6AB) In subsection (6A) "remuneration", in relation to a person, includes long service leave entitlements, holiday pay, superannuation contributions and any other employment benefits.
S. 53(6AC) inserted by No.
8/1998
s. 5(2).
(6AC) If a court decides to make an order under subsection (6A), subsections (2), (3), (4), (7), (8) and (9) of section 86 of the Sentencing Act 1991 apply as if—
(a) a reference to an order under subsection (1) were a reference to an order under subsection (6A); and
(b) a reference to compensation were a reference to expenses referred to in subsection (6A).
S. 53(6AD) inserted by No.
8/1998
s. 5(2).
(6AD) An order under subsection (6A) must be taken to be a judgment debt due by the offender to the informant and payment of any amount remaining unpaid under the order may be enforced in the court by which it was made.
S. 53(6B) inserted by No. 9642 s. 3.
(6B) Any moneys received by the informant under subsection (6A) shall be paid by him to the Consolidated Fund.