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Justice Legislation Amendment (Protective Services Officers) Act 2011

No. of 2011

TABLE OF PROVISIONSClause Page

PART 1—PRELIMINARY 1

1 Purpose 12 Commencement 3

PART 2—AMENDMENT OF POLICE REGULATION ACT 1958 4

3 Appointment of protective services officers 44 Powers and privileges of officers 45 Regulations 5

PART 3—AMENDMENT OF BAIL ACT 1977 6

6 Arrest of person released on bail 6

PART 4—AMENDMENT OF CONTROL OF WEAPONS ACT 1990 8

7 Definitions 88 Power to require production of approval 89 Forfeiture of controlled weapons if infringement notice served 810 New section 10AA inserted 8

10AA Search by protective services officer 811 Duty to make records concerning searches 1112 Chief Commissioner to report on searches without warrant 1113 Power to serve infringement notice 11

PART 5—AMENDMENT OF CRIMES ACT 1958 13

14 Definitions 1315 Threatening injury to prevent arrest 1316 Assaults 1317 Powers of member of police force to apprehend offenders 14

1

PART 6—AMENDMENT OF DRUGS, POISONS AND CONTROLLED SUBSTANCES ACT 1981 15

18 Definitions 1519 Police to take into account the best interests of person under

18 years of age 1520 New section 60BA inserted 15

60BA Protective services officer may exercise police powers under this Division 15

PART 7—AMENDMENT OF ENVIRONMENT PROTECTION ACT 1970 17

21 Definitions 17

PART 8—AMENDMENT OF GRAFFITI PREVENTION ACT 2007 18

22 Definitions 1823 Possessing a prescribed graffiti implement 1824 Infringement notices, penalties and offences 1825 Search without warrant 1826 Search of persons under 18 years of age 1927 Conduct of searches 2028 Duty to make records concerning searches without warrant 20

PART 9—AMENDMENT OF LIQUOR CONTROL REFORM ACT 1998 21

29 Definitions 2130 Power to demand suspected minor to give his or her age 2131 Seizure of evidence of age document 2232 Seizure of liquor from minors 2233 Power to serve an infringement notice 22

PART 10—AMENDMENT OF MAGISTRATES' COURT ACT 1989 24

34 Definitions 2435 Person to whom warrant to arrest may be directed 2436 Arrest of person against whom warrant to arrest is issued 25

PART 11—AMENDMENT OF MENTAL HEALTH ACT 1986 26

37 Definitions 2638 Apprehension of mentally ill persons in certain circumstances 26

PART 12—AMENDMENT OF ROAD SAFETY ACT 1986 28

39 Definitions 2840 General duty of driver or person in charge of motor vehicle 2841 Power to prevent driving by incapable persons 2942 Power to enter motor vehicles 3043 Driving a motor vehicle when directed to stop by police 3044 Power to prosecute 3045 Service of parking infringement notices 3146 Entry by police to council controlled areas 31

PART 13—AMENDMENT OF SUMMARY OFFENCES ACT 1966 32

47 Definitions 3248 Direction by police to move on 3249 Persons found drunk or drunk and disorderly 3250 New section 15 inserted 33

15 Arrest of person found drunk or drunk and disorderly 3351 Assaulting or resisting constables etc. 3352 Making false reports to police etc. 3453 Who may file charge-sheet 3454 Power to serve infringement notice 34

PART 14—AMENDMENT OF TRANSPORT (COMPLIANCE AND MISCELLANEOUS) ACT 1983 36

55 Definitions 3656 Transport and ticket infringements 3657 Power to require names and addresses 3758 Power to arrest suspected offenders 3859 Power to remove offenders 3860 False reports to officers 3961 Definitions 3962 Prosecutions 39

PART 15—REPEAL OF AMENDING ACT 40

63 Repeal of amending Act 40═══════════════

ENDNOTES 41

Justice Legislation Amendment (Protective Services Officers) Act 2011†

No. of 2011

[Assented to ]

The Parliament of Victoria enacts:

PART 1—PRELIMINARY

1 Purpose

The purpose of this Act is—

(a) to amend the Police Regulation Act 1958 to—

(i) provide protective services officers who are on duty at certain public places (designated places) with additional powers in order for those officers to be

1

effective in combating crime and anti-social behaviour occurring at those public places; and

(ii) extend the provisions in Division 2 of Part VA (Offences) to protective services officers; and

(b) to amend the following Acts to extend certain powers currently exercisable by members of the police force under those Acts to protective services officers who are on duty at designated places—

(i) the Bail Act 1977;

(ii) the Control of Weapons Act 1990;

(iii) the Crimes Act 1958;

(iv) the Drugs, Poisons and Controlled Substances Act 1981;

(v) the Environment Protection Act 1970;

(vi) the Graffiti Prevention Act 2007;

(vii) the Liquor Control Reform Act 1998;

(viii) the Magistrates' Court Act 1989;

(ix) the Mental Health Act 1986;

(x) the Road Safety Act 1986;

(xi) the Summary Offences Act 1966;

(xii) the Transport (Compliance and Miscellaneous) Act 1983.

Clause Page

2

s. 1

2 Commencement

(1) This Act comes into operation on a day or days to be proclaimed.

(2) If a provision of this Act does not come into operation before 1 July 2012, it comes into operation on that day.

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Clause Page

3

s. 2

PART 2—AMENDMENT OF POLICE REGULATION ACT 1958

3 Appointment of protective services officersSee:Act No.6338.Reprint No. 13as at27 May 2010and amendingAct Nos1/2010, 13/2010, 40/2010, 53/2010, 63/2010, 2/2011 and 29/2011.LawToday:www.legislation.vic.gov.aus. 3

In section 118B(2) of the Police Regulation Act 1958 for "V and section 123" substitute "V, Division 2 of Part VA and section 123".

4 Powers and privileges of officers

At the end of section 118D of the Police Regulation Act 1958 insert—

"(2) In addition, an officer on duty at a designated place may exercise all the powers and has all the responsibilities given to or imposed on such an officer under this Act or any other Act.

Part 15—Repeal of Amending Act

Justice Legislation Amendment (Protective Services Officers) Act 2011No. of 2011

4

(3) In this section—

designated place means a place prescribed by the regulations.".

5 Regulations

After section 130(1)(h) of the Police Regulation Act 1958 insert—

"(i) prescribing a place to be a designated place for the purposes of section 118D;".

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s. 5Part 15—Repeal of Amending Act


5

PART 3—AMENDMENT OF BAIL ACT 1977

6 Arrest of person released on bailSee:Act No.9008.Reprint No. 9as at23 April 2007and amendingAct Nos97/2005, 52/2008, 68/2008, 68/2009, 69/2009, 13/2010, 53/2010 and 70/2010.LawToday:www.legislation.vic.gov.aus. 6

(1) In section 24(1) of the Bail Act 1977 after "Any member of the police force" insert ", or any protective services officer on duty at a designated place,".

(2) In section 24(1)(a), (b) and (c) of the Bail Act 1977 after "police force" insert "or protective services officer".

(3) After section 24(1) of the Bail Act 1977 insert—

"(1A) If a protective services officer arrests a person under subsection (1), the protective services officer must hand the person into the custody of a member of the police force as soon as practicable after the person is arrested.".

(4) For section 24(2) of the Bail Act 1977 substitute—

"(2) If a person is arrested under subsection (1) or is handed into the custody of a member of the police force by a protective services officer under subsection (1A), a member of the police force must—

(a) bring the person before a bail justice as soon as practicable after the person is



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arrested or has been handed into the custody of a member of the police force and in any event within 24 hours thereafter; or

(b) if the person is arrested or handed into the custody of a member of the police force within 24 hours before the time at which the person is bound by a condition of his or her bail to attend before a court—bring the person before that court at that time.".

(5) After section 24(5) of the Bail Act 1977 insert—

"(6) In this section—

designated place has the same meaning as it has in section 118D of the Police Regulation Act 1958;

protective services officer means a protective services officer appointed under section 118B(1) of the Police Regulation Act 1958.".

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7

PART 4—AMENDMENT OF CONTROL OF WEAPONS ACT 1990

7 DefinitionsSee:Act No.24/1990.Reprint No. 5as at22 August 2010and amendingAct Nos42/2010, 52/2010, 78/2010 and 11/2011.LawToday:www.legislation.vic.gov.aus. 7

In section 3(1) of the Control of Weapons Act 1990—

(a) in paragraph (b) of the definition of police officer omit "within the meaning of the Police Regulation Act 1958";

(b) insert the following definitions—

"designated place has the same meaning as it has in section 118D of the Police Regulation Act 1958;

protective services officer means a protective services officer appointed under section 118B(1) of the Police Regulation Act 1958;".

8 Power to require production of approval

In section 8G(1) of the Control of Weapons Act 1990 after "police force" insert ", or a protective services officer on duty at a designated place,".

9 Forfeiture of controlled weapons if infringement notice served



8

In section 9A(1) of the Control of Weapons Act 1990 after "police force" insert "or a protective services officer".

10 New section 10AA inserted

After section 10 of the Control of Weapons Act 1990 insert—

"10AA Search by protective services officer

(1) This section applies if a protective services officer on duty at a designated place has reasonable grounds for suspecting that a person at or in the vicinity of a designated place is carrying or has in his or her possession in a public place a weapon contrary to this Act.

(2) Subject to subsection (4), the protective services officer may, without a warrant—

(a) search the person and any vehicle or thing in the person's possession or under the person's control for the weapon; and

(b) seize and detain any item detected during the search that the protective services officer reasonably suspects is a weapon.

(3) For the purposes of subsection (1), the fact that a person is present in a location with a high incidence of violent crime may be taken into account in determining whether there are reasonable grounds for suspecting that the person is carrying a weapon or has a weapon in his or her possession.

(4) Before a protective services officer commences a search of a person under subsection (2), the protective services officer must—



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(a) inform the person of the grounds for his or her suspicion; and

(b) inform the person of the protective services officer's name, rank and place of duty; and

(c) if requested to do so by the person, provide the information referred to in paragraph (b) in writing; and

(d) produce his or her identification for inspection by the person, unless the protective services officer is in uniform; and

(e) inform the person that he or she intends to search the person or thing (as the case requires) for weapons and is empowered to do so under this Act.

(5) Clauses 1, 2, 4(2), 4(3), 5(2), 5(3), 5(4), 6, 11(1), 11(5), 12(1) and 12(5) of Schedule 1 apply to the search of a person or thing under this section as if—

(a) a reference in that Schedule to a member of the police force were a reference to a protective services officer; and

(b) a reference in that Schedule to a search under section 10 were a reference to a search under this section.

(6) A protective services officer must conduct the least invasive search that is practicable in the circumstances.



10

(7) A protective services officer may detain a person for so long as is reasonably necessary to conduct a search under this section.

(8) To avoid doubt, a protective services officer may exercise any power under this section to search or detain a person, or seize and detain any item detected during the search, at or in the vicinity of a designated place.

(9) In this section, weapon means—

(a) a prohibited weapon; or

(b) a controlled weapon; or

(c) a dangerous article.".

11 Duty to make records concerning searches

(1) In section 10A(1) of the Control of Weapons Act 1990 after "section 10G" insert ", or a protective services officer who conducts a search under section 10AA,".

(2) In section 10A(3) of the Control of Weapons Act 1990 after "section 10" insert "or 10AA".

(3) For section 10A(4) of the Control of Weapons Act 1990 substitute—

"(4) A request under subsection (3) is made to—

(a) in the case of a search conducted by a member of the police force—the officer in charge of the place of duty of that member referred to in section 10(3)(a) or 10I(1)(a) or clause 8(1)(a) of Schedule 1; or

(b) in the case of a search conducted by a protective services officer—the officer in charge of the place of duty of the protective services officer referred to in section 10AA(4)(b).".



11

12 Chief Commissioner to report on searches without warrant

In section 10B(a) of the Control of Weapons Act 1990 after "section 10" insert "or 10AA".

13 Power to serve infringement notice

(1) After section 11B(1) of the Control of Weapons Act 1990 insert—

"(1A) Subject to subsection (2), a protective services officer may serve an infringement notice on any person who he or she has reason to believe has committed an offence against section 6(1) at or in the vicinity of a designated place.".

(2) In section 11B(3) of the Control of Weapons Act 1990 after "subsection (1)" insert "or (1A)".

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12

PART 5—AMENDMENT OF CRIMES ACT 1958

14 DefinitionsSee:Act No.6231.Reprint No. 22as at17 March 2010and amendingAct Nos87/2009, 13/2010, 63/2010, 64/2010, 20/2011, 27/2011 and 29/2011.LawToday:www.legislation.vic.gov.aus. 14

In section 2A(1) of the Crimes Act 1958 insert the following definition—

"protective services officer means a protective services officer appointed under section 118B(1) of the Police Regulation Act 1958;".

15 Threatening injury to prevent arrest

In section 30(b) of the Crimes Act 1958 after "police force" (wherever occurring) insert "or a protective services officer".

16 Assaults

(1) After section 31(1)(b)(i) of the Crimes Act 1958 insert—



13

"(ia) a protective services officer in the due execution of duty; or".

(2) In section 31(1)(b)(ii) of the Crimes Act 1958 after "police force" insert "or in aid of a protective services officer".

(3) In section 31(1)(b) of the Crimes Act 1958 for "member or person" (wherever occurring) substitute "member, officer or person".

17 Powers of member of police force to apprehend offenders

(1) Insert the following heading to section 459 of the Crimes Act 1958—

"Powers of member of police force or protective services officer to apprehend offenders".

(2) In section 459 of the Crimes Act 1958 after "police force" insert ", or a protective services officer on duty at a designated place,".

(3) At the end of section 459 of the Crimes Act 1958 insert—

"(2) If a protective services officer arrests a person under subsection (1), the protective services officer must hand the person into the custody of a member of the police force as soon as practicable after the person is arrested.

(3) In this section, designated place has the same meaning as it has in section 118D of the Police Regulation Act 1958.".

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14

PART 6—AMENDMENT OF DRUGS, POISONS AND CONTROLLED SUBSTANCES ACT 1981

18 DefinitionsSee:Act No.9719.Reprint No. 9as at1 July 2010and amendingAct Nos39/2010, 43/2010, 64/2010 and 29/2011.LawToday:www.legislation.vic.gov.aus. 18

In section 4(1) of the Drugs, Poisons and Controlled Substances Act 1981 insert the following definition—

"protective services officer means a protective services officer appointed under section 118B(1) of the Police Regulation Act 1958;".

19 Police to take into account the best interests of person under 18 years of age

(1) In the heading to section 60B of the Drugs, Poisons and Controlled Substances Act 1981 after "Police" insert "or protective services officer".

(2) In section 60B of the Drugs, Poisons and Controlled Substances Act 1981 after "police force" insert "or a protective services officer".

20 New section 60BA inserted



15

After section 60B of the Drugs, Poisons and Controlled Substances Act 1981 insert—

"60BA Protective services officer may exercise police powers under this Division

(1) Subject to subsection (3), a protective services officer on duty at a designated place may exercise all the powers and has all the responsibilities given to or imposed on a member of the police force under this Division other than section 60M(4) and (5).

(2) Any reference in this Division to an action taken by a member of the police force includes any action taken by a protective services officer exercising the powers of a member of the police force in reliance on subsection (1).

(3) A protective services officer may only exercise the powers under this Division in relation to a person who is at, or in the vicinity of, a designated place.

(4) Subsection (5) applies if a protective services officer—

(a) has detained a person who is under 18 years of age under section 60L; and

(b) after taking all reasonable steps, has been unable to release the person into the care of a suitable person in accordance with section 60M(3).

(5) The protective services officer—

(a) may release the detained person; or

(b) subject to section 60M(2), may continue to detain the person until the person can be handed into the custody of a member of the police force.



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(6) In taking an action under subsection (5), a protective services officer must take the action which he or she reasonably believes is the most appropriate in the circumstances.

(7) In this section, designated place has the same meaning as it has in section 118D of the Police Regulation Act 1958.".

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17

PART 7—AMENDMENT OF ENVIRONMENT PROTECTION ACT 1970

21 DefinitionsSee:Act No.8056.Reprint No. 17as at7 May 2009and amendingAct Nos68/2009, 20/2010, 29/2010, 54/2010, 58/2010, 65/2010, 78/2011 and 25/2011.LawToday:www.legislation.vic.gov.aus. 21

In section 4(1) of the Environment Protection Act 1970 after paragraph (d) of the definition of litter enforcement officer insert—

"(da) in relation to a designated place within the meaning of section 118D of the Police Regulation Act 1958 or the vicinity of such a place—a protective services officer appointed under section 118B(1) of the Police Regulation Act 1958 who is on duty at that designated place;".

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18

PART 8—AMENDMENT OF GRAFFITI PREVENTION ACT 2007

22 DefinitionsSee:Act No.59/2007and amendingAct Nos6/2010 and 52/2010.LawToday:www.legislation.vic.gov.aus. 22

In section 3 of the Graffiti Prevention Act 2007 insert the following definitions—



23 Possessing a prescribed graffiti implement

(1) In section 7(3) of the Graffiti Prevention Act 2007 after "police force" insert "or a protective services officer".

(2) In section 7(3)(a) of the Graffiti Prevention Act 2007 after "member" insert "or officer".

24 Infringement notices, penalties and offences

After section 11(1) of the Graffiti Prevention Act 2007 insert—

"(1A) A protective services officer may serve an infringement notice on a person who the officer has reason to believe has committed an offence against section 7(1) at or in the vicinity of a designated place.".



19

25 Search without warrant

(1) In section 13(1) of the Graffiti Prevention Act 2007—

(a) after "police force" insert ", or a protective services officer on duty at a designated place,";

(b) after "the member" insert "or officer".


(a) after "police force" insert "or a protective services officer";

(b) after "the member" (where first occurring) insert "or officer";

(c) in paragraph (a) for "the member's" substitute "his or her";

(d) in paragraph (c)—

(i) for "the member's" substitute "his or her";

(ii) after "the member" insert "or officer".

(3) In section 13(4) of the Graffiti Prevention Act 2007 after "police force" insert "or the protective services officer".

26 Search of persons under 18 years of age

In section 14(2) of the Graffiti Prevention Act 2007—


(b) in paragraph (a) after "member" insert "or officer";

(c) in paragraph (b)—

(i) after "the member" (wherever occurring) insert "or officer";



20

(ii) in subparagraph (i) for "the member's" substitute "his or her";

(iii) in subparagraph (i) for "his or her" substitute "the person's".

27 Conduct of searches

In section 15 of the Graffiti Prevention Act 2007—

(a) after "police force" (wherever occurring) insert "or a protective services officer";

(b) after "the member" (wherever occurring) insert "or officer".

28 Duty to make records concerning searches without warrant



(b) in paragraph (a) after "the member's" insert "or the officer's".

(2) In section 16(4) of the Graffiti Prevention Act 2007 after "the member" insert "or officer".

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21

PART 9—AMENDMENT OF LIQUOR CONTROL REFORM ACT 1998

29 DefinitionsSee:Act No.94/1998.Reprint No. 5as at1 April 2010and amendingAct Nos9/2008, 88/2009, 13/2010, 18/2010, 52/2010, 57/2010, 64/2010, 12/2011, 13/2011 and 29/2011.LawToday:www.legislation.vic.gov.aus. 29

In section 3(1) of the Liquor Control Reform Act 1998 insert the following definitions—



30 Power to demand suspected minor to give his or her age

(1) After section 126(1) of the Liquor Control Reform Act 1998 insert—

"(2) If a protective services officer on duty at a designated place has reason to believe that a person at or in the vicinity of a designated place who appears to be under the age of



22

18 years has consumed, is consuming or is about to consume liquor in contravention of this Act, the protective services officer may demand particulars of the person's age, name and address.".

(2) In section 126(5) of the Liquor Control Reform Act 1998 after "police force" insert "or a protective services officer referred to in subsection (2)".

(3) After section 126(5) of the Liquor Control Reform Act 1998 insert—

"(6) If a protective services officer arrests a person under subsection (5), the protective services officer must hand the person into the custody of a member of the police force as soon as practicable after the person is arrested.".

31 Seizure of evidence of age document

(1) After section 127(1)(ab) of the Liquor Control Reform Act 1998 insert—

"(ac) a protective services officer on duty at a designated place; or".

(2) In section 127(3) of the Liquor Control Reform Act 1998 after "police force" (where first occurring) insert ", a protective services officer".

(3) In section 127(4) of the Liquor Control Reform Act 1998 after "police force" (where first occurring) insert ", a protective services officer".

32 Seizure of liquor from minors

In section 128(1) of the Liquor Control Reform Act 1998—

(a) after "police force" insert ", a protective services officer on duty at a designated place";



23

(b) after "the member" insert ", officer".

33 Power to serve an infringement notice

(1) After section 141(1AA) of the Liquor Control Reform Act 1998 insert—

"(1AB) If a protective services officer has reason to believe that a person has committed an offence against section 123(1)(b) at or in the vicinity of a designated place, he or she may serve an infringement notice on that person.".

(2) In section 141(1A) of the Liquor Control Reform Act 1998 for "or (1AA)" substitute ", (1AA) or (1AB)".

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24

PART 10—AMENDMENT OF MAGISTRATES' COURT ACT 1989

34 DefinitionsSee:Act No.51/1989.Reprint No. 15as at5 April 2010and amendingAct Nos51/2006, 52/2008, 12/2010, 29/2010, 30/2010, 34/2010, 40/2010, 47/2010, 53/2010, 64/2010, 70/2010 and 77/2010.LawToday:www.legislation.vic.gov.aus. 34

In section 3(1) of the Magistrates' Court Act 1989 insert the following definitions—



35 Person to whom warrant to arrest may be directed

For section 63(2) of the Magistrates' Court Act 1989 substitute—



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"(2) A warrant to arrest directed to a named member of the police force may be executed by—

(a) any member of the police force; or

(b) a protective services officer.

(3) If a protective services officer arrests a person under subsection (2)(b), the protective services officer must hand the person into the custody of a member of the police force as soon as practicable after the person is arrested.".

36 Arrest of person against whom warrant to arrest is issued

(1) In section 65(1) of the Magistrates' Court Act 1989 after "police force" insert ", or any protective services officer on duty at a designated place,".

(2) After section 65(1) of the Magistrates' Court Act 1989 insert—

"(1A) If a protective services officer arrests a person under subsection (1), the protective services officer must hand the person into the custody of a member of the police force as soon as practicable after the person is arrested.".

(3) In section 65(2) of the Magistrates' Court Act 1989—

(a) after "subsection (1)" insert "by a member of the police force or on the handing of a person arrested by a protective services officer into the custody of a member of the police force under subsection (1A)";

(b) after "being arrested" insert "or handed into the custody of the member of the police force (as the case may be)".



26

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27

PART 11—AMENDMENT OF MENTAL HEALTH ACT 1986

37 DefinitionsSee:Act No.59/1986.Reprint No. 10as at16 June 2011.LawToday:www.legislation.vic.gov.aus. 37

In section 3(1) of the Mental Health Act 1986 insert the following definitions—



38 Apprehension of mentally ill persons in certain circumstances

(1) In section 10(1) of the Mental Health Act 1986—

(a) after "police force" (where first occurring) insert ", or a protective services officer on duty at a designated place,";

(b) for "the member of the police force" substitute "the member or officer".

(2) In section 10(1A) of the Mental Health Act 1986—

(a) after "police force" (where first occurring) insert "or a protective services officer";



28

(b) for "the member of the police force" substitute "the member or officer".

(3) After section 10(2) of the Mental Health Act 1986 insert—

"(2A) For the purposes of apprehending a person under subsection (1) a protective services officer may with such assistance as is required use such force as may be reasonably necessary.".

(4) After section 10(3) of the Mental Health Act 1986 insert—

"(3A) A protective services officer must, as soon as practicable after apprehending a person under subsection (1), hand the person into the custody of—

(a) a member of the police force; or

(b) a mental health practitioner.".

(5) In section 10(4) of the Mental Health Act 1986 after "subsection (1)" insert "or being handed a person apprehended by a protective services officer under subsection (3A)(a)".

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29

PART 12—AMENDMENT OF ROAD SAFETY ACT 1986

39 DefinitionsSee:Act No.127/1986.Reprint No. 12as at5 April 2010and amendingAct Nos19/1991, 13/2009, 93/2009, 6/2010, 13/2010, 19/2010, 29/2010, 30/2010, 45/2010, 63/2010, 74/2010, 75/2010, 76/2010 and 77/2010.LawToday:www.legislation.vic.gov.aus. 39

In section 3(1) of the Road Safety Act 1986 insert the following definitions—



40 General duty of driver or person in charge of motor vehicle

(1) After section 59(1) of the Road Safety Act 1986 insert—



30

"(1A) The driver or person in charge of a motor vehicle that is in, or being driven from or into, a railway car park or municipal council controlled car park at or in the vicinity of a designated place has the following duties—

(a) to stop the motor vehicle, produce for inspection his or her driver licence document or permit document and state his or her name and address if requested or signalled to do so by a protective services officer; and

(b) to obey any lawful direction given to him or her by a protective services officer under subsection (5A).".

(2) In section 59(2) of the Road Safety Act 1986 after "subsection (1)" insert "or (1A)".

(3) In section 59(2)(a) of the Road Safety Act 1986 after "police force" insert "or a protective services officer".

(4) In section 59(4) of the Road Safety Act 1986 after "subsection (1)(a)" insert "or (1A)(a)".

(5) In section 59(4)(b)(i) of the Road Safety Act 1986 after "police force" insert ", a protective services officer".

(6) After section 59(5) of the Road Safety Act 1986 insert—

"(5A) A protective services officer may give to a person driving or in charge of a motor vehicle that is in, or being driven from or into, a railway car park or municipal council controlled car park at or in the vicinity of a designated place such reasonable directions as are, in the opinion of the officer, necessary for carrying into execution the provisions of this Act or the regulations.".



31

41 Power to prevent driving by incapable persons

(1) In section 62(1) of the Road Safety Act 1986 after "police force" insert ", or a protective services officer on duty at a designated place,".

(2) In section 62(1)(c) of the Road Safety Act 1986 for "the member of the police force" substitute "the member or officer".

(3) In section 62(1A) of the Road Safety Act 1986 after "police force" insert "or a protective services officer".

(4) In section 62(3) of the Road Safety Act 1986—

(a) after "police force" (where first occurring) insert "or a protective services officer";

(b) after "police force" (where secondly occurring) insert "or any protective services officer";

(c) after "that member" insert "or officer".

(5) In section 62(4) of the Road Safety Act 1986 after "police force" insert "or the protective services officer".

42 Power to enter motor vehicles

In section 63 of the Road Safety Act 1986—

(a) after "police force" (where first occurring) insert ", or a protective services officer on duty at a designated place,";

(b) after "police force" (where secondly occurring) insert "or the protective services officer".

43 Driving a motor vehicle when directed to stop by police

(1) In the heading to section 64A of the Road Safety Act 1986 omit "by police".

s. 41s. 42Part 15—Repeal of Amending Act


32

(2) In section 64A(5) of the Road Safety Act 1986 after "police force" insert ", or a protective services officer on duty at a designated place,".

(3) In section 64A(5)(a) of the Road Safety Act 1986 for "the member of the police force" substitute "the member or officer".

44 Power to prosecute

(1) In section 77(2)(ab) of the Road Safety Act 1986 omit "appointed under Part VIA of the Police Regulation Act 1958".

(2) After section 77(2)(ab) of the Road Safety Act 1986 insert—

"(ac) a protective services officer on duty at a designated place if the offence occurs at or in the vicinity of the designated place;".

45 Service of parking infringement notices

(1) After section 87(1B)(a) of the Road Safety Act 1986 insert—

"(ab) a protective services officer; or".

(2) In section 87(5) of the Road Safety Act 1986 after "police force" insert "or a protective services officer".

46 Entry by police to council controlled areas

(1) Insert the following heading to section 90G of the Road Safety Act 1986—

"Entry to council controlled areas".

(2) After section 90G(1) of the Road Safety Act 1986 insert—

"(1A) A protective services officer on duty at a designated place may, for the purposes only of issuing parking infringement notices, enter any place that is a council controlled area.".



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(3) In section 90G(2) of the Road Safety Act 1986 after "police force" insert "or a protective services officer".

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34

PART 13—AMENDMENT OF SUMMARY OFFENCES ACT 1966

47 DefinitionsSee:Act No.7405.Reprint No. 10as at1 January 2009and amendingAct Nos9/2008, 46/2008, 1/2009, 7/2009, 68/2009, 92/2009, 13/2010, 18/2010, 29/2010, 63/2010, 12/2011, 27/2011 and 29/2011.LawToday:www.legislation.vic.gov.aus. 47

In section 3 of the Summary Offences Act 1966 insert the following definitions—



48 Direction by police to move on

(1) In the heading to section 6 of the Summary Offences Act 1966 omit "by police".



35

(2) In section 6(1) of the Summary Offences Act 1966—

(a) after "police force" insert ", or a protective services officer on duty at a designated place,";

(b) after "the member" insert "or officer".

49 Persons found drunk or drunk and disorderly

In sections 13 and 14 of the Summary Offences Act 1966 omit "and may be arrested by a member of the police force and lodged in safe custody".

50 New section 15 inserted

After section 14 of the Summary Offences Act 1966 insert—

"15 Arrest of person found drunk or drunk and disorderly

(1) A person found drunk, or drunk and disorderly, in a public place may be arrested by—

(a) a member of the police force; or

(b) if the public place is at or in the vicinity of a designated place—a protective services officer on duty at the designated place.

(2) If a protective services officer arrests a person under subsection (1)(b), the protective services officer must hand the person into the custody of a member of the police force as soon as practicable after the person is arrested.

(3) A member of the police force who arrests a person under subsection (1)(a) or into whose custody is handed a person arrested by a protective services officer under subsection



36

(2) must ensure the person is lodged in safe custody.".

51 Assaulting or resisting constables etc.



(b) after "such member" insert "or officer".

(2) In section 52(2) of the Summary Offences Act 1966 after "police force" insert ", protective services officer,".

52 Making false reports to police etc.


(a) after "police force" (where first occurring) insert "or to a protective services officer";

(b) after "police force" (where secondly occurring) insert "or a protective services officer".


(a) in paragraph (a)(ii) after "police force" insert "or a protective services officer";

(b) in paragraph (b) after "police force" (where first occurring) insert "or to a protective services officer";

(c) in paragraph (b) after "police force" (where secondly occurring) insert "or a protective services officer".

53 Who may file charge-sheet

In section 56(1) of the Summary Offences Act 1966 after "police force" insert "or any protective



37

services officer".

54 Power to serve infringement notice

(1) After section 60AA(1A) of the Summary Offences Act 1966 insert—

"(1AB) A protective services officer may serve an infringement notice on any person who he or she has reason to believe has committed at or in the vicinity of a designated place an offence against—

(a) section 6, 13, 14, or 17A; or

(b) section 17(1)(c) or (1)(d).".

(2) In section 60AA(1B) of the Summary Offences Act 1966 after "subsection (1A)" insert "or (1AB)(b)".

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38

PART 14—AMENDMENT OF TRANSPORT (COMPLIANCE AND MISCELLANEOUS) ACT 1983

55 DefinitionsSee:Act No.9921.Reprint No. 15as at1 July 2010and amendingAct Nos13/2009, 93/2009, 6/2010, 16/2010, 19/2010, 45/2010, 52/2010, 65/2010, 75/2010, 79/2010 and 29/2011.LawToday:www.legislation.vic.gov.aus. 55

In section 208 of the Transport (Compliance and Miscellaneous) Act 1983 insert the following definitions—



56 Transport and ticket infringements

(1) For section 212(1) of the Transport (Compliance and Miscellaneous) Act 1983 substitute—

"(1) Any of the following persons who has reason to believe that a person has committed a



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transport infringement may serve on that person a transport infringement notice—

(a) a member of the police force;

(b) if the offence is believed to have been committed at or in the vicinity of a designated place—a protective services officer;

(c) a person who is an officer who is authorised to issue transport infringement notices.".

(2) For section 212(1B) of the Transport (Compliance and Miscellaneous) Act 1983 substitute—

"(1B) Any of the following persons who has reason to believe that a person has committed a ticket infringement may serve on that person a ticket infringement notice—

(a) a member of the police force;

(b) if the infringement is believed to have been committed at or in the vicinity of a designated place—a protective services officer on duty at the designated place;

(c) an authorised officer.".

57 Power to require names and addresses

(1) In section 218B(2) of the Transport (Compliance and Miscellaneous) Act 1983 after "authorised officer" insert ", a protective services officer on duty at a designated place".

(2) In section 218B(3) of the Transport (Compliance and Miscellaneous) Act 1983 after "authorised officer" insert ", protective services officer".

(3) In section 218B(3)(b) of the Transport (Compliance and Miscellaneous) Act 1983 after



40

"police force" insert "or a protective services officer".

(4) In section 218B(4), (5), (6C) and (6D) of the Transport (Compliance and Miscellaneous) Act 1983 after "authorised officer" insert ", protective services officer".

58 Power to arrest suspected offenders

In section 219(1) of the Transport (Compliance and Miscellaneous) Act 1983 after "police force" insert ", a protective services officer on duty at a designated place".

59 Power to remove offenders

(1) In section 220(1A) of the Transport (Compliance and Miscellaneous) Act 1983 after "police force" insert ", a protective services officer on duty at a designated place".

(2) In section 220(1B) of the Transport (Compliance and Miscellaneous) Act 1983—

(a) in paragraph (a) after "police force" insert ", protective services officer";

(b) in paragraph (c)(ii) after "police force or" insert "any protective services officer,".

(3) In section 220(1C) of the Transport (Compliance and Miscellaneous) Act 1983 after "police force" insert ", a protective services officer on duty at a designated place".

(4) In section 220(2) of the Transport (Compliance and Miscellaneous) Act 1983 after "police force" insert ", a protective services officer".



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(5) In section 220(3) of the Transport (Compliance and Miscellaneous) Act 1983 after "police force" insert "or any protective services officer".

(6) In section 220(4) of the Transport (Compliance and Miscellaneous) Act 1983 after "police force" insert "or a protective services officer".

60 False reports to officers

After section 220AA(a) of the Transport (Compliance and Miscellaneous) Act 1983 insert—

"(ab) a protective services officer on duty at a designated place;".

61 Definitions

In section 221U of the Transport (Compliance and Miscellaneous) Act 1983 in the definition of authorised person after paragraph (b) insert—

"(ba) a protective services officer on duty at a designated place; or".

62 Prosecutions

In sections 229(1), 229(1A)(a) and 229(1A)(b) of the Transport (Compliance and Miscellaneous) Act 1983 after "police force" insert ", a protective services officer who, at the time of the alleged offence, was on duty at a designated place".

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42

PART 15—REPEAL OF AMENDING ACT

63 Repeal of amending Act

This Act is repealed on 1 July 2013.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


44

† Minister's second reading speech—

Legislative Assembly:

Legislative Council:

The long title for the Bill for this Act was "A Bill for an Act to amend the Police Regulation Act 1958 in relation to protective services officers and to amend the Bail Act 1977, the Control of Weapons Act 1990, the Crimes Act 1958, the Drugs, Poisons and Controlled Substances Act 1981, the Environment Protection Act 1970, the Graffiti Prevention Act 2007, the Liquor Control Reform Act 1998, the Magistrates' Court Act 1989, the Mental Health Act 1986, the Road Safety Act 1986, the Summary Offences Act 1966 and the Transport (Compliance and Miscellaneous) Act 1983 and for other purposes."

By Authority. Government Printer for the State of Victoria.

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