Major Crime and Community Safety Legislation Amendment Bill 2022
Council - second reading (passed Assembly)
Major Crime and Community Safety Legislation Amendment Bill 2022

1

Major Crime and Community Safety Legislation Amendment Bill 2022

Introduction Print

EXPLANATORY MEMORANDUM

General

The Major Crime and Community Safety Legislation Amendment Bill 2022 amends the Confiscation Act 1997 to enhance law enforcement's powers to address organised crime's growing use of cryptocurrencies, clarify and strengthen investigation and enforcement powers, including powers to gather information, restrain property and enforce confiscation outcomes. The Bill also amends both the Confiscation Act 1997, the Drugs, Poisons and Controlled Substances Act 1981 and the Sex Work Decriminalisation Act 2022 to update offences that trigger an offender's assets being automatically forfeited. The Bill amends the Crimes Act 1958 to streamline, clarify and modernise Victoria Police search warrant powers and powers to retain, use and disclose fingerprints. Finally, the Bill amends the Crimes (Assumed Identities) Act 2004 to streamline and modernise the delegation powers of the Chief Officer of Victoria Police, and requirements for the authorisation of Victoria Police employees.

Clause Notes

Part 1—Preliminary

Clause 1 sets out the main purposes of the Bill.

The Bill amends the Confiscation Act 1997 for the purpose of—

• making various amendments in relation to digital assets, search warrants and seizure warrants, exclusion applications, the partial forfeiture of tainted property, the proceeds of sale of forfeited residences of serious drug offenders, the enforcement of pecuniary penalty orders against real property, the disclosure of the

591336 BILL LA INTRODUCTION 3/8/2022

2

existence of document requests, information gathering powers and examination and the buying back of forfeited property;

• making various amendments in relation to pecuniary penalty orders and restraining orders and Schedule 2 offences; and

• generally improving the operation of that Act.

The second purpose is to amend the Crimes Act 1958 in relation to—

• search warrant powers under that Act;

• the lodgement of search warrant reports with the Magistrates' Court; and

• the retention, destruction, disclosure and use of fingerprints taken from persons under that Act.

The third purpose is to amend the Crimes (Assumed Identities) Act 2004 in relation to—

• the circumstances in which authorised civilians, who are Victoria Police employees, can be authorised to assume identities under the Act; and

• the delegation of the Chief Commissioner of Police's powers under that Act.

The fourth purpose is to amend the Drugs, Poisons and Controlled Substances Act 1981 to include a quantity of 1,4-Butanediol that for the purpose of the automatic forfeiture provisions in the Confiscation Act 1997.

The fifth purpose is to amend the Sex Work Decriminalisation Act 2022 consequential on the amendment to Schedule 2 to the Confiscation Act 1997.

Clause 2 is the commencement provision.

Subclause (1) provides that Part 1 and Part 6 come into operation on the day after the day on which the Bill receives the Royal Assent.

3

Subclause (2) provides that Parts 2 and 5 of the Bill, other than Divisions 1, 2, 5, 6, 7 and 8 and sections 53, 60, 61, 63, 64, 65 and 66) of Part 2, will come into operation on 14 November 2022.

Subclause (3) provides that, subject to subsection (4), the remaining provisions of this Bill come into operation on a day or days to be proclaimed.

Subclause (4) provides that if a provision referred to in subsection (2) does not come into operation before 1 August 2023, it comes into operation on that day.

Part 2—Amendments to the Confiscation Act 1997

Part 2 consists of 11 Divisions that amend the Confiscation Act 1997.

Division 1—Digital assets

Clause 3 amends the definitions of account and financial institution in section 3(1) of the Confiscation Act 1997 and inserts a new definition of digital asset in that section.

Subclause (1) inserts a new paragraph (e) in the definition of account to include in that definition a digital wallet, digital profile or any other facility or arrangement provided by a financial institution for the storing, buying, selling or exchanging of digital assets or claims to digital assets. The amendment is intended to extend the existing definition to online facilities for storing or trading digital assets like digital currencies or non-fungible tokens.

Subclause (2) amends the definition of financial institution in section 3(1) of the Confiscation Act 1997 by inserting new paragraphs (da) and (g). The new paragraph (da) extends the definition of financial institution to a provider of a registrable digital currency exchange service within the meaning of the Commonwealth Anti-Money Laundering and Counter-Terrorism Financing Act 2006. The new paragraph (g) includes in the definition a prescribed entity or an entity of a prescribed class in the definition of financial institution. The amendment extends the operation of the Confiscation Act 1997 to digital currency exchanges and makes provision for the addition of other institutions by regulations. Financial institutions can be required under the Confiscation Act 1997 to provide information about

4

accounts held with them, for example, when an information notice is issued.

Subclause (3) inserts a definition of digital asset in section 3(1) of the Confiscation Act 1997. The new definition means a digital representation of value or contractual rights, that may be transferred, stored or traded electronically. Examples of a digital asset include digital currencies, coins or tokens.

Clause 4 amends section 31C of the Confiscation Act 1997 to facilitate the making of freezing orders in relation to digital asset accounts or wallets held with financial institutions.

Subclause (1) amends section 31C(1) by referring to "transact in relation to a specified account" instead of "make withdrawals from a specified account".

Subclause (2) substitutes a new section 31C(2).

The new subsection (2) provides that despite subsection (1), a financial institution may accept deposits into an account in relation to which the freezing order was made after the order takes effect. The new subsection (2A) provides that for the purposes of a freezing order, any money or digital asset deposited into the account after the freezing order was made are subject to the freezing order.

The amendment is intended to clarify that following the making of a freezing order, money or digital assets can still be deposited into the account after the order takes effect and that any such deposited money or digital asset is subject to the freezing order.

Clause 5 amends section 31D of the Confiscation Act 1997 to include references to digital assets in relation to making applications for freezing orders.

Subclause (1) amends sections 31D(1A)(a) and (b) by inserting "or is associated with a digital asset" after "money".

Subclause (2) amends section 31D(1B)(b) by inserting ", or a digital asset associated with," after "money held in".

Clause 6 amends section 31F(2)(a) of the Confiscation Act 1997 to include references to digital assets in relation to the making of a freezing order by referring to "money in, or quantum or value of any digital asset associated with," instead of "money in".

5

Clause 7 amends section 31H(2)(a) of the Confiscation Act 1997 to include references to digital assets in relation to when a freezing order takes effect by referring to "money in, or digital asset associated with," instead of "money in".

Clause 8 amends section 31I of the Confiscation Act 1997 to include digital assets in the provisions applying to the extension of a freezing order.

Subclause (1) amends section 31I(2)(b)(i) of the Confiscation Act 1997 by referring to "money in, or digital asset associated with," instead of "money in".

Subclause (2) amends sections 31I(3)(b)(i) and (ii) of the Confiscation Act 1997 by referring to "money in, or digital asset associated with," instead of "money in".

Subclause (3) amends section 31I(5) of the Confiscation Act 1997 by referring to "money in, or digital asset associated with," instead of "money in".

Subclause (4) amends sections 31I(7)(a) and (b) of the Confiscation Act 1997 by referring to "money in, or digital asset associated with," instead of "money in".

Clause 9 inserts a new section 118G(1AA) into the Confiscation Act 1997. The new section provides that an information notice issued in relation to an account associated with digital assets, can require information about the type of digital asset and the quantum or value of that digital asset.

Division 2—Search warrants and seizure warrants

Clause 10 amends section 3 of the Confiscation Act 1997 to insert key new definitions for terms used in the new sections 80A, 80B and 80C created by clause 12.

The new definition of access, in relation to data held in a computer, means the display of the data by the computer or any other output of the data from the computer, the copying or moving of the data to any other place in the computer or to a data storage device or, in the case of a program, the execution of the program.

The new definition of data includes information in any form and any program or part of a program.

6

The new definition of data held in a computer includes data entered or copied into the computer, data held in any removable data storage device for the time being in the computer and data held in a data storage device on a computer network of which the computer forms part.

The new definition of data storage device means any thing (for example, a disk, external hard drive or file server) containing or designed to contain data for use by a computer.

Clause 11 substitutes a new section 79A(1) of the Confiscation Act 1997. The new section specifies who can apply for a seizure warrant under Part 11 in relation to tainted property and property forfeited under the Confiscation Act 1977 that is in a public place. A police officer may apply for a seizure warrant in respect of tainted property that is in a public place. For applications in respect of property forfeited under the Confiscation Act 1997 that is in a public place, a police officer or a person who holds a prescribed office or who belongs to a prescribed class may apply for a warrant.

Police officers may already apply for a seizure warrant. The effect of the amendment is to also enable persons who hold a prescribed office or who belong to a prescribed class to make such applications in respect of forfeited property in a public place only. A seizure warrant still needs to be executed by a police officer.

Clause 12 Inserts new sections 80A, 80B and 80C after section 80 of the Confiscation Act 1997.

The new section 80A(1) provides that a search warrant issued under section 79 of the Confiscation Act 1997 may authorise a police officer to give a direction to a specified person under the new section 80A(2) to provide any information or assistance that is reasonable and necessary to allow the police officer to do one or more of the following things—

• access, copy or convert into documentary form or another form intelligible to a police officer, data held in or accessible from a computer or data storage device that is either on the warrant premises or has been seized and is at a different place.

7

• use data that is recorded on a thing and which enables access to other data held in or accessible from a computer or data storage device, to access the other data. The thing may be any item upon which data like code or text has been recorded and may be on the warrant premises or has been seized under the warrant and is at a different place.

Under the new section 80A(3), the magistrate or judge issuing the search warrant must be satisfied there are reasonable grounds for suspecting there is data held in or accessible from a computer of data storage device or recorded on a thing, which will assist in finding the location or means of access to tainted property or forfeited property. In addition, the magistrate or judge must be satisfied the specified person is reasonably suspected of having committed the offence in reliance on which the warrant is issued, or is the owner or lessee of the computer, device or thing, or is an employee of the owner or lessee, or is a person engaged under a contract for services by the owner or lessee, or is a person who uses or has used the computer, device or thing, or is a person who is or was a system administrator for the computer network of which the computer or device forms or formed a part. The magistrate or judge must also be satisfied the specified person has relevant knowledge of the computer or device or a computer network of which the computer or device forms or formed a part or may be accessed from, or data recorded on a thing that enables access to other data held in, or accessible from, a computer or storage device or measures applied to protect data held in, or accessible from, the computer or device or data recorded on a thing that enables access to other data held in, or accessible from, a computer or data storage device.

Under the new sections 80A(4) and (5) it is an offence punishable by a maximum of two years imprisonment if a person with relevant knowledge fails to comply with a direction under section 80A(2) without reasonable excuse.

Under the new section 80A(6), a person is not excused from complying with a direction on the ground that it may result in information being provided that might incriminate the person.

8

The new section 80B provides that if a magistrate or judge issues a search warrant under section 79 of the Confiscation Act 1997, they may make an order on the application of a police officer requiring a specified person to provide any information or assistance that is reasonable and necessary to allow the police officer to do one or more of the following things—

• access, copy or convert into documentary form or another form intelligible to a police officer, data held in or accessible from a computer or data storage device that is either on the warrant premises or has been seized and is at a different place.

• Use data that is recorded on a thing and which enables access to other data held in or accessible from a computer or data storage device, to access the other data. The thing may be any item upon which data like code or text has been recorded and may be on the warrant premises or has been seized under the warrant and is at a different place.

The new section 80B(4) provides that an application to direct a specified person can be made at the same time as the application for a warrant or at any time after the issue of the warrant.

The new section 80B(5) provides that the Magistrates' Court, Supreme Court or County Court (as the case may be) may make the order if satisfied there are reasonable grounds for suspecting there is data held in or accessible from a computer, data storage device or recorded on a thing, which will assist in finding the location or means of access to tainted property or forfeited property. In addition, the Magistrates' Court, Supreme Court or County Court (as the case may be) must be satisfied the specified person is reasonably suspected of having committed the offence in reliance on which the warrant is issued, or is the owner or lessee of the computer, device or thing, or is an employee of the owner or lessee, or is a person engaged under a contract for services by the owner or lessee, or is a person who uses or has used the computer, device or thing, or is a person who is or was a system administrator for the computer network of which the computer or device forms or formed a part. The Magistrates' Court, Supreme Court or County Court (as the case may be) must also be satisfied the specified person has relevant knowledge of the computer or device or a computer network of which the computer or device forms or formed a part or may be accessed

9

from, or data recorded on a thing that enables access to other data held in, or accessible from, a computer or storage device or measures applied to protect data held in, or accessible from, the computer or device or data recorded on a thing that enables access to other data held in, or accessible from, a computer or data storage device.

Under the new section 80B(6) a person is not excused from complying with an order on the ground that it may result in information being provided that might incriminate the person.

Under the new section 80B(7), if the computer, data storage device or thing that is the subject of the order is seized under the warrant and the order was granted on the basis of an application made before the seizure, the order does not have effect on or after the execution of the warrant.

The note clarifies that an application for another order may be made after the completion of the execution of the warrant.

The new section 80B(8) provides that where the computer or device is not on the premises, the order must specify the period within which the person must provide the information or assistance, the place at which the person must provide the information or assistance and any conditions that apply to the provision of information or assistance.

The new section 80B(9) provides that the new section 80B applies in addition to the new section 80A, whether or not in relation to the same specified person. However, a person may only be charged with an offence against either the new section 80A(4) or the new section 80C(1) but not both.

The new section 80B(10) provides that a magistrate or judge may administer an oath or affirmation or take an affidavit for the purposes of an application under section 80B.

Under the new section 80C it is an offence punishable by a maximum of five years imprisonment if a person with relevant knowledge fails to comply with a direction under section 80B without reasonable excuse.

10

Clause 13 subclause (1) amends section 88 of the Confiscation Act 1997 by inserting "(other than a seizure warrant referred to in subsection (2)) after the words "seizure warrant".

Subclause (2) inserts a new section 88(2) into the Confiscation Act 1997. The new section provides that the expiry of a seizure warrant authorising the seizure of forfeited property from a public place occurs at the first occurrence of 6 months after it was issued, its recall and cancellation by the issuing magistrate or judge or its execution.

The amendments have the effect of extending the period that a warrant authorising the seizure of forfeited property from a public place remains active from 1 month to 6 months if it is not otherwise recalled by the issuing magistrate or judge or executed before the expiry of 6 months.

Clause 14 inserts a new section 92A into the Confiscation Act 1997. New section 92A(1) provides that the section applies if a police officer is executing a search warrant and is authorised by that warrant or section 92 to seize property which includes a digital asset or seize the means of accessing or gaining control of a digital asset.

New section 92A(2) authorises the police officer to do one or more things for the purpose of securing and seizing the digital asset. Those things are access a computer or data storage device storing the asset or data related to the asset, interfere with a computer or data storage device storing the asset or data related to the asset, alter or transfer the asset or data related to the asset; or change or transfer or perform any other transaction in relation to, the asset or data related to the asset that may be required to gain exclusive control of the asset.

Under the new section 92A(3) a police officer may do a thing referred to in subsection (2) using a computer or data storage device whether or not the computer or data storage device was seized under the warrant or is located at the warrant premises.

This amendment enables police officers to perform various actions for the purpose of securing digital assets. For example, in cases where seized property includes means of accessing or gaining control of a digital asset, such as private cryptographic keys, police officers may take necessary and appropriate action to reassociate digital assets with different cryptographic keys controlled by law enforcement.

11

Division 3—Exclusion applications

Clause 15 substitutes a new section 22A(1) in the Confiscation Act 1997. Under the new section 22A(1)(a), where a person applies under section 20 to exclude their interest in property from the operation of a serious drug offence restraining order, the court may make an exclusion order if satisfied that the property is not tainted property or derived property, the applicant was not involved in the commission of the serious drug offence, the applicant's interest in the property was not subject to the effective control of the accused at the time the accused was charged with the serious drug offence or the date when the restraining order was made (whichever is earlier) and, if the applicant acquired their interest from the accused, it was acquired for sufficient consideration.

Under the new section 22A(1)(b), the court may make an exclusion order where it is not satisfied that the property in which the applicant claims an interest is not tainted property or derived property but is satisfied that where the applicant acquired the interest before the commission of the serious drug offence they did not know the accused would use the property in connection with the offence and, where the applicant acquired their interest at the time or after the commission of the serious drug offence, they did not know, in circumstances such as not to arouse a reasonable suspicion, that the property was tainted property or derived property and the applicant's interest in the property was not subject to the effective control of the accused and where the applicant acquired the interest from the accused, it was acquired for sufficient consideration and that the applicant was not involved in any way in the commission of the serious drug offence.

The effect of these amendments is to exclude the possibility of a court making an order excluding tainted or derived property. In cases where it is not clear whether property is tainted or derived property, it may be excluded under the new section 22A(1)(b) if the applicant meets the remaining criteria in section 22A(1)(b) including lacking knowledge regarding the offending.

12

Clause 16 subclause (1) amends sections 40A(3) and (5) of the Confiscation Act 1997 by referring to "subsections (5A) and (5B)" instead of "subsection (5A)". Section 40A applies where property is forfeited to the Minister by a civil forfeiture order under section 38 and allows a person who claims an interest in that property to apply to the court for an order excluding the interest in the property from the civil forfeiture order. The application must be made within 60 days of the day on which the property was forfeited to the Minister. Section 40A(3) provides for circumstances in which a court may accept out of time applications.

Subclause (2) inserts a new section 40A(5B) into the Confiscation Act 1997. The new section 40A(5B) provides that a court may not grant a person leave to make an application for an exclusion order in relation to property that is money if the money was forfeited more than 6 months before the application for leave. The amendment limits the court's ability to accept applications for exclusion orders more than 4 months out of time.

Clause 17 subclause (1) amends section 40ZC(3) of the Confiscation Act 1997 by referring to "subsections (4) and (4A)" instead of "subsection (4)". Under section 40ZA, property that is the subject of an unexplained wealth restraining order is forfeited to the Minister 6 months after the making of the order. Under section 40ZC a person who claims an interest in that property may apply to the court for an order excluding the interest in the property from unexplained wealth forfeiture. The application must be made within 60 days of the day on which the property was forfeited to the Minister. Section 40ZC(3) provides for circumstances in which a court may accept out of time applications.

Subclause (2) inserts a new section 40ZC(4A) into the Confiscation Act 1997. The new section provides that a court may not grant a person leave to make an application in relation to property that is money if the money was forfeited more than 6 months before the application for leave. The amendment limits the court's ability to accept applications for exclusion orders more than 4 months out of time.

13

Clause 18 subclause (1) amends section 49(3) of the Confiscation Act 1997 by referring to "subsections (3A) and (3B)" instead of "subsection (3A)". Under section 49, where property is forfeited or sought to be forfeited under a forfeiture order, a person who claims an interest in that property may apply to the court for an order excluding the interest in the property from forfeiture. The application must be made at the same time as the application for a forfeiture order or, if the forfeiture order has been made, before the end of 60 days from the day on which the forfeiture order was made. Section 49(3) provides for circumstances in which a court may accept out of time applications.

Subclause (2) inserts a new section 49(3B) into the Confiscation Act 1997. The new section provides that a court may not grant a person leave to make an application in relation to property that is money if the money was forfeited more than 6 months before the application for leave. The amendment limits the court's ability to accept applications for exclusion orders more than 4 months out of time.

Clause 19 subclause (1) amends sections 51(3) and (5) of the Confiscation Act 1997 by referring to "subsections (5A) and (5B)" instead of "subsection (5A)". Under section 51, where property is automatically forfeited to the Minister following a conviction, a person who claims an interest in that property may apply to the court for an order excluding the interest in the property from the automatic forfeiture. The application must be made before the end of 60 days from the day on which the property was forfeited. Section 51(3) provides for circumstances in which a court may accept out of time applications.

Subclause (2) inserts a new section 51(5B) into the Confiscation Act 1997. The new section provides that a court may not grant a person leave to make an application in relation to property that is money if the money was forfeited more than 6 months before the application for leave. The amendment limits the court's ability to accept applications for exclusion orders more than 4 months out of time.

Clause 20 subclause (1) amends sections 53(3) and (5) of the Confiscation Act 1997 by referring to "subsections (6) and (6A)" instead of "subsection (6)". Under section 53, where property is forfeited automatically under section 36GA on the declaration that a person is a serious drug offender, a person who claims an interest

14

in that property may apply to the court for an order excluding the interest in the property from the automatic forfeiture. The application must be made before the end of 60 days from the day on which the property was forfeited. Section 53(3) provides for circumstances in which a court may accept out of time applications.

Subclause (2) inserts a new section 53(6A) into the Confiscation Act 1997. The new section provides that a court may not grant a person leave to make an application in relation to property that is money if the money was forfeited more than 6 months before the application for leave. The amendment limits the court's ability to accept applications for exclusion orders more than 4 months out of time.

Clause 21 substitutes a new section 54(1) of the Confiscation Act 1997. The effect of the amendment is that under the new section 54(1)(a) where a person applies under section 53 to exclude their interest in property from the automatic forfeiture of property of a serious drug offender, the court may make an exclusion order if satisfied that the property is not tainted property or derived property, the applicant was not involved in the commission of the serious drug offence, the applicant's interest in the property was not subject to the effective control of the accused at the time the accused was charged with the serious drug offence or the date when the restraining order was made (whichever is earlier) and, if the applicant acquired their interest from the accused, it was acquired for sufficient consideration.

Under the new section 54(1)(b), the court may make an exclusion order where it is not satisfied that the property in which the applicant claims an interest is not tainted property or derived property but is satisfied that where the applicant acquired the interest before the commission of the serious drug offence they did not know the accused would use the property in connection with the offence or where the applicant acquired their interest at the time or after the commission of the serious drug offence, they did not know, in circumstances such as not to arouse a reasonable suspicion, that the property was tainted property or derived property and the applicant's interest in the property was not subject to the effective control of the accused and where the applicant acquired the interest from the accused, it was acquired for sufficient consideration.

15

The effect of these amendments is to exclude the possibility of a court making an order excluding tainted or derived property. In cases where it is not clear whether property is tainted or derived property, it may be excluded under the new section 54(1)(b) if the applicant meets the remaining criteria in section 54(1)(b) including lacking knowledge regarding the offending.

Division 4—Partial forfeiture of tainted property, proceeds of sale of forfeited residence

Clause 22 subclause (1) amends section 33(1) of the Confiscation Act 1997 by inserting "portion" after ", or such". The amendment makes it clear that a court can specify that a portion of property can be forfeited under a forfeiture order.

Subclause (2) amends section 33 of the Confiscation Act 1997 by substituting a new subsection (2). The new subsection provides that a forfeiture order must specify the interests in property to which it applies and may specify the nature, extent or value of the property to which it applies.

Clause 23 amends section 45 of the Confiscation Act 1997 by inserting a new section 45A(5A). Where the residence of a serious drug offender is forfeited under section 36GA, a dependant of the offender may apply to the court for relief from the operation of the forfeiture order. Where a court orders an amount to be paid to dependants out of the proceeds of sale of the residence, the new subsection allows that order to divide the payment between 2 or more dependants as specified in the order.

Subclause (2) repeals the example at the foot of section 45A(5) as it is no longer necessary due to the new section 45A(5A).

Division 5—Investigative officers

Clause 24 substitutes the definition of authorised police officer in section 31A of the Confiscation Act 1997 with a new definition of investigative officer for the purposes of Part 2A of the Confiscation Act 1997. The new definition includes a person authorised under section 31B, a person belonging to a class authorised under section 31B, a person who holds a prescribed office, or a person belonging to a prescribed class of investigative officer.

16

Clause 25 inserts references to "investigative officer" instead of "authorised police officer" in section 31D(1), (1A) and (1B) of the Confiscation 1997. The amendment extends the types of officers who may apply for a freezing order from an authorised police officer who is a police offer or class of police officer authorised under section 31B to also include a person or class of person prescribed by regulation.

Clause 26 inserts references to "investigative officer" instead of "authorised police officer" in section 31E(1) of the Confiscation Act 1997. Section 31E related to the form of applications for freezing orders. The amendment extends the section to the different types of officers included in the definition of investigative officer.

Clause 27 inserts "investigative officer" after police officer wherever occurring in section 31G of the Confiscation 1997. The amendments extend the requirements on police officers to give notice of a freezing order made by a magistrate to other investigative officers as well.

Clause 28 inserts "or investigative officer" after "police officer" wherever occurring in section 31L of the Confiscation 1997. Section 31L is an offence provision providing for the circumstances in which information about freezing orders may be disclosed. The amendments include investigative officers as officers to whom information about a freezing order can be disclosed and extend other obligations regarding disclosure of information to investigative officers.

Clause 29 inserts references to "the applicant" instead of "police officer" in section 81(1) of the Confiscation Act 1997. Section 81 provides for circumstances when a warrant under may be granted by telephone. The amendments extend the operation to any applicant for a warrant, not just police officers, noting the ability of different types of applicants for warrants under section 79 and 79A of Confiscation Act 1997.

Clause 30 inserts a new section 99A into the Confiscation Act 1997 with a definition of investigative officer for the Division. The definition includes as an investigative officer, a police officer, a person who holds a prescribed office or a person belonging to a prescribed class of investigative officer.

17

Clause 31 amends section 101(2) of the Confiscation Act 1997 by referring to "investigative officer" instead of "police officer". The amendment extends the types of officers who may apply for a production order to also include a person or class of person prescribed by regulation in addition to a police officer.

Clause 32 amends sections 102(1), (2) and (3) of the Confiscation Act 1997 by referring to "investigative officer" instead of "police officer". The amendment extends the operation of section 101 relating to the making of a production order to investigative officers.

Clause 33 amends section 108(1) of the Confiscation Act 1997 by referring to "investigative officer" instead of "police officer". Section 108 is an offence provision and the amendment extends the obligations of a person against whom a production order is made in relation to providing information to investigative officers.

Division 6—Enforcement of pecuniary penalty orders against real property and document requests relating to enforcement of

pecuniary penalty orders

Clause 34 inserts a new section 72(3)(ab) into the Confiscation Act 1997. The amendment makes it clear that a charge on property created because of the making of a restraining order or a pecuniary penalty order ceases to have effect if the restraining order is set aside or ceases to be in force.

Subclause (2) amends section 72(5) of the Confiscation Act 1997 to insert "or a prescribed person or a person belonging to a prescribed class of persons" after "or declaration". The amendment facilitates the registration of a charge by persons other than the applicant for a pecuniary penalty order or the applicant for a declaration that certain property is available to satisfy a charge. These persons are to be prescribed by regulation.

Subclause (3) inserts a new section 72(5A) into the Confiscation Act 1997. The new section makes it clear that where a charge is placed over land that is under the operation of the Transfer of Land Act 1958, and that charge has been registered in accordance with section 72(5) the Minister must give written notice to a person whose interest is subject to the charge and any other person recorded in the Register under the Transfer of Land Act 1958 as having a registered interest that the land is

18

subject to the charge for the amount stated in the notice or that the charge has been removed.

Subclause (4) amends section 72(7) of the Confiscation Act 1997 by inserting "or a prescribed person or a person belonging to a prescribed class of persons" after "the declaration". The amendment facilitates the registration of a charge by persons other than the applicant for a pecuniary penalty order or the applicant for a declaration that certain property is available to satisfy a charge. These persons are to be prescribed by regulation.

Clause 35 inserts new sections 73A, 73B, 73C and 73D into the Confiscation Act 1997.

The new section 73A provides that where a charge on land has been registered and recorded for at least 28 days, the Minister may serve a notice of intention to sell the land on all persons recorded in the Register as having an interest. The notice must be in writing, contain the prescribed particulars and be served on each person.

The new section 73B provides that the Minister may apply to the Supreme Court for an order for the sale of land charged under section 72 if a notice of intention to sell has been served on all relevant persons, at least 14 days have elapsed since that service and any appeal period has expired or any application for an exclusion order is finally determined, whichever is later.

The court may make an order for the sale of the charged land if satisfied it is appropriate to do so. The court may also order the production of a certificate of title, or any other document required by the Registrar of Titles, make any additional orders that are appropriate in relation to the interest in the land of any person, to give effect to the order or to ensure an effective commercial sale process.

The new section 73C applies section 77 of the Transfer of Land Act 1958 to a sale pursuant to an order under the new section 73B as if the charge were a registered mortgage, the Minister were a mortgagee under that mortgage and the requirements in that section relating to the giving of notice were deleted. Section 77 of the Transfer of Land Act 1958 applies to the power of sale of land under a mortgage or charge.

19

The new section 73D authorises the Registrar of Titles to make any necessary recording in the Register kept under the Transfer of Land Act 1958 required as consequence of these new sections.

Clause 36 inserts a new section 120CA into the Confiscation Act 1997.

The new section 120CA(1) makes it an offence for a person given a document request to disclose the existence of the document to any other person (including the person to whom the request relates). The person can, however, disclose the existence of the document to the person who made the request, or a member or an officer or employee of that person, a person belonging to a prescribed class of persons, an officer or agent of an entity where the request was made to that entity, for the purpose of ensuring that the request is complied with, a legal practitioner acting for the person to whom the request is or has been made, for the purpose of obtaining legal advice or representation in relation to the request or to a person for the purpose of obtaining advice or assistance that may reasonably be required to comply with the request, if doing so is not reasonably likely to result in the person to whom the request relates becoming aware of the request.

The offence is punishable by a maximum fine of 1200 penalty units.

The new section 120CA(2) makes it an offence for a person to whom the existence of a document request is disclosed under section 120CA(1) to disclose the existence of the request to any other person. If the person is an officer or agent of an entity to whom the request was made or a legal practitioner acting for the person to whom the request is made, they can disclose to another person who is also an officer or agent of the entity or another legal practitioner acting for the person to whom the request was made if; (i) if the disclosure is made by a person referred to in subsection (1)(c), ensuring that the document request is complied with or obtaining legal advice or representation in relation to the document request; or (ii) if the disclosure is made by a person referred to in subsection (1)(d), giving legal advice or providing representation in relation to the request; or (iii) if the disclosure is made by a person of referred to in subsection (1)(e), providing advice or assistance that may reasonably be required to comply with the request; or (b) when he or she is no longer a person

20

referred to in subsection (1)(c), (d), or (e), make a record of, or disclose, the existence of the request in any circumstances.

The offence is punishable by a maximum penalty of 2 years imprisonment or a fine of up to 240 penalty units or both.

The new section 120CA(3) makes it clear that nothing in the new subsection (2) prevents the disclosure of the existence of the request for the purpose of legal proceedings or in the course of proceedings before a court by an officer or agent of an entity to whom a request was made, a legal practitioner or a person providing advice or other assistance with respect to the request.

Under the new section 120CA(4), a reference to disclosing the existence of a document request to a person includes disclosing information to the person from which they could reasonably be expected to infer the existence of the document request.

Under the new section 120CA(5), an offence against the new section 120CA(1) is a summary offence.

The new section 120CA(6) makes it clear that it is not an offence to disclose the existence of a document request if the existence of the request has been made known in any proceedings in open court.

Division 7—Pecuniary penalty orders under the Crimes (Confiscation of Profits) Act 1986

Clause 37 inserts into section 118E(1) of the Confiscation Act 1997 "or an order under section 12 of the Crimes (Confiscation of Profits) Act 1986 before its repeal" after "pecuniary penalty order". The effect of the amendment is to extend the power of a person prescribed under section 118C to issue an information notice for the purpose of satisfying an order under section 12 of the Crimes (Confiscation of Profits) Act 1986. Before its repeal, section 12 of the Crimes (Confiscation of Profits) Act 1986 provided for the making of pecuniary penalty orders. Such orders last in perpetuity until satisfied.

Clause 38 inserts into section 120AB(1) of the Confiscation Act 1997 "or an order under section 12 of the Crimes (Confiscation of Profits) Act 1986 before its repeal" after "pecuniary penalty order". The effect of the amendment is to extend the power of a prescribed person to issue a document request for the purpose of satisfying an order under section 12 of the Crimes (Confiscation

21

of Profits) Act 1986. Before its repeal, section 12 of the Crimes (Confiscation of Profits) Act 1986 provided for the making of pecuniary penalty orders. Such orders last in perpetuity until satisfied.

Division 8—Examination orders and information gathering powers

Clause 39 inserts a definition of examination notice into section 3(1) of the Confiscation Act 1997. The definition is required for the purpose of the new section 98A.

Clause 40 inserts a new section 98A into the Confiscation Act 1997. The new section 98A(1) provides that a relevant person may give a person who has been ordered to undergo an examination under section 98(2) or 98(2B) a written notice requiring that person to produce at the examination the information or documents specified in the notice.

The new subsection (2) specifies that the examination notice must be in the prescribed form, must require the person to produce the information or documents specified in the notice, must specify the time and place of the examination, and must specify any other prescribed matters.

The new subsection (3) provides that relevant person has the same meaning as in section 98. Under section 98, a relevant person means the DPP or a prescribed person or a person belonging to a prescribed class. The amendment allows the giving of an examination notice to a person who is required to attend an examination.

Clause 41 subclause (1) inserts into section 99(1) of the Confiscation Act 1997 "or (2B)" after "98(2) and "or refuse or fail to produce any information or document specified in an examination notice" after "answer a question".

Subclause (2) amends section 99(2) by referring to "question, or producing any information or document specified in an examination notice" instead of "question" and inserting "or (2B) or produced under an examination notice" after "section 98(2)".

22

Subclause (3) amends section 99(2A) of the Confiscation Act 1997 by referring to "question, or producing any information or document specified in an examination notice" for "question" and inserting "or (2B) or produced under an examination notice" after "section 98(2)".

Subclause (4) amends section 99(3) by inserting "or (2A) after "98(2)" and inserts a new section 99(3)(ba) into the Confiscation Act 1997. Section 99(3) makes it an offence for a person to fail to do certain things when ordered to attend an examination. The new section 99(3)(ba) includes in the offence the failure, without reasonable excuse, to produce any information or document required by the notice.

Section 99 of the Confiscation Act 1997 regulates the conduct of an examination of a person ordered under section 98. The examination process requires a person to be examined about the affairs of an accused person including any property in which they have an interest, any property believed to be tainted or restrained and any issues with the management and maintenance of the property. The amendments provide for compliance with the examination notice issued under the new section 98A.

Clause 42 subclause (1) amends the heading to section 100 of the Confiscation Act 1997 to omit "—relevant offence".

Subclause (2) amends section 100(2) of the Confiscation Act 1997 by referring to "an investigative officer" instead of "a police officer" and "the investigative officer" instead of "the police officer". The amended section 100(2) provides that if a person has been convicted of a relevant offence or an investigative officer believes on reasonable grounds that the person has committed a relevant offence, an investigative officer may, without notice, apply to a court for a production order against that person or another person.

Subclause (3) substitutes a new section 100(3)(b) of the Confiscation Act 1997.

The new section 100(3)(b) provides that in an application under the amended section 100(2) the supporting affidavit of the applicant must state that the applicant believes that the person against whom the order is sought has possession or control of a property-tracking document or property-tracking documents in relation to that relevant offence or relevant to the enforcement of

23

a pecuniary penalty order or compensation order or restitution order under Part 4 of the Sentencing Act 1991.

Clause 43 inserts a new section 101(3AA) into the Confiscation Act 1997. The new section 101(3AA) provides that in the case of an application for a production order under section 100(2) the court may, if it considers, having regard to the matters in the affidavit or any other sworn or affirmed evidence, that there are reasonable grounds for doing so, treat any document relevant to identifying, locating or quantifying that property as a property-tracking document in relation to the matters specified in paragraph (a)(ii).

The court may do so if the applicant's affidavit states that the applicant believes that property specified in the application is subject to the effective control of that person or was the subject of a gift from that person and the person against whom the order is sought has possession or control of one or more property-tracking documents relevant to any of the enforcement of a pecuniary penalty order, the enforcement of a compensation or restitution order under Part 4 of the Sentencing Act 1991 and sets out the grounds on which the applicant holds those beliefs.

Clause 44 inserts new sections 118D(3) and (4) into the Confiscation Act 1997. Division 3A of the Confiscation Act 1997 provides for the issuing of information notices to financial institutions for the purpose of determining whether to take action under the Act. The new section 118D(3) authorises a police officer to issue an information notice if the police officer reasonably believes that an account with the institution is secured by property, the property is tainted or derived property and the issuing of the notice is required to determine whether to take any action under the Act.

The new section 118D(4) specifies that an information notice expires on the earlier date of when the police officer ceases to reasonably believe the matters contained in existing section 118D(2) or the new section 118(3) or 3 months from the date of the information notice.

Clause 45 subclause (1) substitutes in section 118G(1)(a)(ii) "account; and" for "account; or". After subparagraph (ii), a new subparagraph (iii) is inserted. The new subparagraph (iii) broadens the information that can be obtained from the issuing of an information notice to include, in the case of an account secured

24

by a loan, the registered proprietors of the property, the amount secured by the property and the location of the property.

Subclause (2) amends section 118G(1)(b)(ii) by referring to "account; and" instead of "account.".

Subclause (3) inserts a new section 118G(1)(b)(iii) into the Confiscation Act 1997. The new subparagraph broadens the information that can be obtained from the issuing of an information notice that specifies an account number to include, in the case of an account secured by a loan, the registered proprietors of the property, the amount secured by the property and the location of the property.

Clause 46 inserts a new Division 3B of Part 13 of the Confiscation Act 1997. The new section 118N(1) provides that a credit reporting body is authorised to disclose, on the written request of an investigative officer information about a person for the purpose of a proceeding or enforcement action under the Act, any identification information about that person, any telephone number or email address recorded against that person, any credit worthiness information about that person and the name of any financial institution in respect of which the person is a customer and the details of any accounts held by the person with that financial institution included in the person's credit information.

The new section 118N(2) provides that the Chief Commissioner of Police may authorise in writing a police officer of the rank of inspector or above to request credit information.

Under the new section 118N(3), a request for credit information may be issued under the new section by an investigative officer.

The new section 118N(4) defines terms for the purposes of the new section—investigative officer means a police officer authorised under section 118N(2), a person who holds a prescribed office or a person belonging to a prescribed class of investigative officer; and credit worthiness has the same meaning as in the Privacy Act 1988 of the Commonwealth.

25

Division 9—Restraining orders

Clause 47 amends section 15(1) of the Confiscation Act 1997 by omitting from paragraph (d) "that may be made under Part 8" and omitting from paragraph (e) "that may be made". Section 15(1) of the Confiscation Act 1997 sets out the purposes for which a restraining order may be made. These amendments clarify that restraining orders may be made for the purpose of satisfying any pecuniary penalty order or order for compensation or restitution whether they have already been made at the time a restraining order is sought or may be made in the future.

Clause 48 inserts new section 15A(2)(ca) into the Confiscation Act 1997. Section 15A provides that in addition to being subject to a restraining order, property may also be subject to a civil forfeiture restraining or an unexplained wealth restraining order. Where that happens, section 15A(2) provides that the restraining order remains in operation until the earliest of certain triggering events. The amendment adds another triggering event including when the restraining order ceases to operate in whole or in relation to the property or interest in property under new section 27A.

Clause 49 amends section 18(1)(d)(ii) of the Confiscation Act 1997 by referring to "$20 000" instead of "$10 000". Section 18 provides that a court must make a restraining order where satisfied of certain matters. The effect of the amendment is in order to make a restraining order for the purpose of satisfying an order for restitution or compensation made under the Sentencing Act 1991, the matters the court must be satisfied of include that the restitution or compensation order is likely to exceed $20 000.

Clause 50 inserts a new section 27(11) into the Confiscation Act 1997. Section 27 provides for the duration and setting aside of a restraining order. The new section provides that an applicant under section 27(9) for an order setting aside a restraining order is not required to give notice of the application to any person who has an interest in the property.

26

Clause 51 inserts a new section 27A into the Confiscation Act 1997. The new section provides that a restraining order ceases to be in force in respect of property or an interest in property if the property or interest in property is subject to another restraining order and is forfeited to the Minister to satisfy a purpose for which that other restraining order was made.

Clause 52 amends section 28(1) of the Confiscation Act 1997 by inserting "a prescribed person or a person belonging to a prescribed class of persons," after "restraining order" and "as far as practicable" after "on the register". The effect of the amendment is to authorise a prescribed person or class of persons to apply to a registration authority to record the particulars of a restraining order on a register and to authorise a registration authority to record, as far as practicable, the prescribed particulars. The prescribed particulars are specified in regulations.

Clause 53 inserts a new section 28A into the Confiscation Act 1997. The new section provides that the Registrar of Titles must not register or record a mortgage, charge, or encumbrance on land under the Transfer of Land Act 1958 or the Property Law Act 1958 if a restraining order is registered on the land other than as permitted under the Confiscation Act 1997 or in accordance with the order of a court. A mortgage, charge, or encumbrance on land that is registered, notified, or saved in contravention of this restriction does not bind or affect the land.

A Note at the foot of the new section 28A says "See also section 42.".

Clause 54 subclause (1) amends section 31(1)(b) of the Confiscation Act 1997 by referring to "an offence" instead of "the offence in reliance on which the restraining order is made".

Subclause (2) amends section 31(1)(c) of the Confiscation Act 1997 by inserting "or a related offence" after "that offence".

The effect of the amendments is to provide that the payment of restitution and compensation to a victim of crime can occur without the existence of a restraining order and in relation to related offences, not just the offence in relation to which an order for restitution, compensation or damages is made

27

Division 10—Miscellaneous

Clause 55 amends paragraph (ba) of the definition of law enforcement agency in section 3(1) of the Confiscation Act 1997 by referring to "prescribed authority, person or class of person" instead of "authority or person".

Clause 56 amends the definition of absconds in section 5 of the Confiscation Act 1997 by referring to a new section 5(d).

Section 4(1) of the Confiscation Act 1997 provides that for the purposes of the Act a person is deemed to have been convicted of an offence in specified circumstances, including where a person who has been charged with an offence absconds before that charge is finally determined. A conviction as defined in section 4 can then form the basis for an application under the Confiscation Act 1997.

The definition of abscond in section 5 covers various circumstances including where a person dies before a charge is finally determined. In cases where a person dies or otherwise cannot be committed for trial for the reasons listed in section 5, a person is not deemed to have absconded until the condition under existing section 5(d) is met. The condition is that the court makes an order that the evidence is of sufficient weight to support a conviction for the offence. The amendment makes it clear that the relevant standard of proof that should be applied for the purpose of determining when a person is deemed to have been convicted of an offence is proof beyond reasonable doubt. This is the same standard of proof would have applied if the person had stood trial.

Clause 57 inserts new sections 9(1A) and (1B) into the Confiscation Act 1997. Section 9 provides for the concept of effective control for the purposes of the Act. The new sections clarify that property may be under the effective control of more than one person and that where property is held on trust for the benefit of a person, or is otherwise subject to a person's beneficial ownership, it is taken to be under the person's effective control. The amendment is intended to broaden the circumstances where a person is in effective control of property and to make it clear that a person can be in effective control of property even if they do not have legal ownership of the property.

28

Clause 58 amends section 24(3) of the Confiscation Act 1997 by inserting ", at the time at which the serious drug offence restraining order is made," after the second occurrence of "item". Under section 24, certain protected property cannot be subject to a serious drug restraining order if the value of the item exceeds an amount prescribed under regulations. The amendment makes it clear that the time at which that value is determined is when the serious drug restraining order is made.

Clause 59 amends section 27(3A) of the Confiscation Act 1997 to refer to "14 business days" instead of "7 days". The amendment extends the time that a restraining order is in force after serious drug offences are withdrawn from 7 days for 14 business days. The extension from 7 days to 14 business days gives additional time to consider the preparation of new criminal charges and a restraining order where appropriate while preventing property from being dissipated.

Clause 60 amends sections 31G(1)(b)(i), (2)(f) and (3) of the Confiscation Act 1997 to refer to "5 business days" instead of "3 business days". The amendment extends the duration of a freezing order to allow greater time to consider the making of an application for a restraining order.

Clause 61 amends sections 31H(2)(a) and (b) of the Confiscation Act 1997. Paragraph (a) is amended by referring to "restraining order, civil forfeiture restraining order or unexplained wealth restraining order" instead of "restraining order or civil forfeiture restraining order". Paragraph (b) is amended by referring to "5 business days" instead of "3 business days".

The amendment makes consequential changes to the section to ensure correct references to the relevant types of restraining orders and the new duration for freezing orders.

Clause 62 amends section 31I of the Confiscation Act 1997 to extend the operation of freezing orders.

Subclause (1) amends sections 31I(2)(b)(i) and (ii) of the Confiscation Act 1997 by referring to "restraining order, civil forfeiture restraining order or unexplained wealth restraining order" for "restraining order or a civil forfeiture restraining order".

29

Subclause (2) amends sections 31I(3)(b)(i) and (ii) of the Confiscation Act 1997 by referring to "restraining order, civil forfeiture restraining order or unexplained wealth restraining order" instead of "restraining order or a civil forfeiture restraining order".

Subclause (3) amends section 31I(5) of the Confiscation Act 1997 by referring to "on the determination of an application for a restraining order, civil forfeiture restraining order or unexplained wealth restraining order, that order as the case requires, is not" instead of "on the determination of an application for a restraining order or a civil forfeiture restraining order, a restraining order or a civil forfeiture restraining order, as the case requires, is not".

Subclause (4) amends section 31I(6) of the Confiscation Act 1997 by referring to "restraining order, civil forfeiture restraining order or unexplained wealth restraining order" instead of "restraining order or the civil forfeiture restraining order".

Subclause (5) amends sections 31I(7)(a) and (b) of the Confiscation Act 1997 by referring to "restraining order, civil forfeiture restraining order or unexplained wealth restraining order" instead of "restraining order or a civil forfeiture restraining order".

The effect of the amendments is to provide for the extension of freezing orders in relation to unexplained wealth restraining orders.

Clause 63 amends section 97H(2) of the Confiscation Act 1997 by referring to "2 months" instead of "1 month". The effect of the amendment is to extend the period before which a search and inspection warrant issued under section 97B ceases to have effect to 2 months if it is not executed sooner.

Clause 64 amends section 97T(2)(a) of the Confiscation Act 1997 by referring to "2 months" instead of "1 month". The effect of the amendment is to extend the period before which a search and seizure warrant issued under section 97N ceases to have effect to 2 months if it is not executed sooner.

30

Clause 65 amends the Confiscation Act 1997 by substituting a new section 118E(4). Section 118E of the Confiscation Act 1997 provides for the issuing of an information notice to a financial institution by a prescribed person. The amendment removes the requirement for a prescribed person to reasonably believe that a specified property is subject to a mortgage or other security interest in favour of the financial institution before issuing an information notice.

Clause 66 amends sections 118G and 118H of the Confiscation Act 1997.

Subclause (1) repeals section 118G(1A) of the Confiscation Act 1997. The effect of the amendment is to remove the limitation that information notices issued under section 118E(3) can only be issued in respect of an account that relates to the mortgage or other security interest secured by the property specified in the information notice.

Subclause (2) amends section 118H(2)(ba) of the Confiscation Act 1997 by substituting the text "believed to be subject to a mortgage or other security interest in favour of the financial institution" with "referred to in section 118E(3)(a) or (b) (as the case may be)".

Clause 67 amends the Confiscation Act 1997 by referring to a new section 125(5). Section 125 of the Confiscation Act 1997 provides for the registration of interstate orders in Victoria. The amendment updates the provision to allow the registration of electronic copies of interstate orders.

Clause 68 amends section 137 of the Confiscation Act 1997. Section 137 provides for the service of documents under the Act.

Subclause (1) inserts section 137(1)(a)(iv) and (v) to provide additional ways for a document to be served on a person, namely, by sending the document to an electronic address or in any other prescribed way. A document may be served on a person by sending a document to an electronic address if the person has provided an electronic address as an address for receiving notices or other documents.

Subclause (2) inserts section 137(1)(b)(iv) and (v) to provide additional ways for a document to be served on a company, namely, by sending the document to an electronic address or in any other prescribed way. A document may be served on a company by sending a document to an electronic address if the

31

company provided an electronic address as an address for receiving notices or other documents.

Subclause (3) amends section 137(1)(c) of the Confiscation Act 1997 by referring to "that Act; or" instead of "that Act.".

Subclause (4) inserts a new section 137(1)(d) into the Confiscation Act 1997. The new section provides for the service of a document on a legal practitioner who has previously provided written notice that they represent a person in any proceeding under the Act and is instructed to accept personal service of documents on behalf of the person. Service can be effected by giving a copy of the document to the legal practitioner, leaving a copy of the document at the ordinary place of business of the legal practitioner with a person who appears to work there, sending a copy of the document by registered post addressed to the legal practitioner at the ordinary business address of the legal practitioner, delivering a copy of the document by fax or email to the legal practitioner or by delivering a copy of the document addressed to the legal practitioner in a document exchange facility.

Clause 69 subclause (1) substitutes paragraphs (ba), (bab), (bac), (bb), (bc) and (bd) of item 2 of Schedule 2 to the Confiscation Act 1997. The amendment removes monetary thresholds in relation to serious offences involving sexual servitude and commercial sexual services. The effect of the amendment is that a conviction for the offences, which are contained in sections 53B(1), 53C(1), 53D(1), 53E(1), 53F(1) and 53G(1) of the Crimes Act 1958, can give rise to automatic forfeiture of assets under the Confiscation Act 1997 irrespective of whether the offending involves the payment of a specified amount of money.

Subclause (2) substitutes paragraphs (a), (b) and (c) of item 2A of Schedule 2 to the Confiscation Act 1997. The amendment removes monetary thresholds in relation to the serious offences of receiving payment for sexual services provided by a child and agreement for the provision of sexual services by a child. The effect of the amendment is that a conviction for the offences, which are contained in sections 6(1) and 7(1) of the Sex Work Act 1994, can give rise to automatic forfeiture of assets under the Confiscation Act 1997 irrespective of whether the offending involves the payment of a specified amount of money.

32

Subclause (3) amends Schedule 2 to the Confiscation Act 1997 by inserting a new item 13. The amendment adds the offence of possessing a traffickable quantity of firearms contrary to section 7C(1) of the Firearms Act 1996 to Schedule 2.

Division 11—Statute law revision and transitional provisions

Clause 70 amends section 45B(1) of the Confiscation Act 1997 by referring to "unexplained" instead of "unrestrained". The amendment corrects a mistaken reference in section 45B(1) relating to an application for relief from an unexplained wealth restraining order.

Clause 71 inserts new section 194 into the Confiscation Act 1997 to provide for transitional arrangements in relation to the amendments made by this Act.

Subclause (1) defines amending Act as the Major Crime and Community Safety Legislation Amendment Act 2022 for the purposes of new section 194.

Subclause (2) provides that the amendments made by Division 1 of Part 2 of the amending Act in relation to digital assets, applies to an application for a freezing order that is made on or after the commencement of that Division irrespective of whether the offence to which the application relates is alleged to have been committed before, on or after that commencement.

Subclause (3) provides that the amendments made by Division 3 of Part 2 of the amending Act in relation to exclusion applications, applies only to an application for an exclusion order that is made on or after the commencement of that Division irrespective of when the restraining order to which the application relates was made or the property to which the application relates was forfeited (as the case may be).

Subclause (4) provides that the amendments made by sections 34 and 35 of the amending Act in relation to charges on property, applies with respect to an interest in land that becomes subject to a charge on land before, on or after the commencement of sections 34 and 35.

33

Subclause (5) provides that the amendments made by Division 8 of Part 2 (other than section 44) of the amending Act in relation to examination orders and information gathering powers, applies only with respect to an application for an examination order that is made on or after the commencement of that Division irrespective of—

• whether the offence to which the application relates was committed before, on or after that commencement; or

• when the pecuniary penalty order, compensation or restitution order was made.

Subclause (6) provides that the amendments made by section 47 of the amending Act in relation to the purposes for which a restraining order may be made, applies to a restraining order that is made on or after the commencement of that section of the amending Act—

• to satisfy a pecuniary penalty order, irrespective of whether the pecuniary penalty order was made before or is made on or after that commencement; and

• to satisfy any order for restitution or compensation under the Sentencing Act 1991, irrespective of whether the order was made before or is made on or after that commencement.

Subclause (7) provides that the amendments made by section 54 of the amending Act in relation to the payment of restitution and compensation, applies to a compensation order that is made on or after 16 October 2020.

Subclause (8) provides that the amendments made by section 22 of the amending Act in relation to the determination of an application for a forfeiture order, applies only with respect to an application that is made on or after the commencement of section 22 irrespective of whether the offence to which the application relates is alleged to have been committed before, on or after that commencement.

34

Subclause (9) provides that the amendments made by section 23 of the amending Act in relation to an application for relief from an automatic forfeiture of property of a serious drug offender, applies to an application that is made before, on or after the commencement of section 23. Section 23 is a clarifying amendment and is beneficial to applicants.

Subclause (10) provides that the sections 15A(2)(ca), 27(11) and 27A as inserted by Division 9 of Part 2 of the amending Act, in relation to restraining orders, apply to a restraining order irrespective of when the order was made.

Subclause (11) provides that the amendments made by Division 9 of Part 2 of the amending Act to sections 28(1) and 28A in relation to restraining orders, applies only to a restraining order that is made on or after the commencement of Division 9 irrespective of whether the offence to which the order relates is alleged to have been committed before, on or after that commencement.

Subclause (12) provides that the amendments made by section 58 of the amending Act in relation to protected property applies to any restraining order in effect irrespective of when the order is made.

Subclause (13) provides that the amendments made by section 59 of the amending Act in relation to the duration and setting aside of a restraining order, applies to any restraining order in effect irrespective of when the order is made.

Subclause (14) provides that the amendments made by section 60 of the amending Act in relation to the notice of a freezing order, applies only to a freezing order that is made on after the commencement of section 60.

Subclause (15) provides that the amendments made by section 63 of the amending Act in relation to the expiry of a search and inspection warrant, applies only to a warrant issued on or after the commencement of section 63.

Subclause (16) provides that the amendments made by section 64 of the amending Act, in relation to the expiry of a search and seizure warrant, applies only to a warrant issued on or after the commencement of section 64.

35

Subclause (17) provides that the amendments made by new sections 80A and 80B in relation to the authorisation in a search warrant to give a direction requiring assistance, and the power to require assistance from a person with certain knowledge, apply only with respect to a search warrant that is issued on or after the commencement of section 12 of the amending Act irrespective of when—

• the offence to which the warrant relates is suspected to have been committed; or

• the offence to which the tainted property relates is alleged to have been committed; or

• the property to which the warrant relates is forfeited.

Subclause (18) provides that the amendments made by section 13 of the amending Act in relation to the expiry of a seizure warrant, applies only with respect to a seizure warrant that was issued on or after the commencement of section 13.

Subclause (19) provides that new section 92A in relation to the seizure of digital assets applies only with respect to a search warrant that is issued on or after the commencement of section 14 of the amending Act irrespective of when the offence to which the warrant relates is suspected to have been committed.

Subclause (20) provides that the amendments made by section 44 of the amending Act, in relation to information notices, applies only to notices issued on or after the commencement of section 44.

Subclause (21) provides that the amendments made to Schedule 2 by section 69 of the amending Act apply only with respect to an offence alleged to have been committed on or after the commencement of section 69.

Subclause (22) provides that for the purposes of subclause (21), if an offence is alleged to have been committed between two dates, one before and one on or after the commencement of section 69 of the amending Act, the offence is alleged to have been committed before that commencement.

36

Part 3—Amendment of Crimes Act 1958 Part 3 consists of 3 Divisions that amend the Crimes Act 1958.

Division 1 expands the powers that police may exercise when executing search warrants issued by a Magistrate under section 465 of that Act and provides for the lodgement of search warrant reports to the Magistrates' Court.

Division 2 makes amendments to the police powers to retain, destroy, disclose and use fingerprints taken from persons under subdivision 31 of Division 1 of Part 3 of the Act.

Division 3 inserts the transitional provisions in relation to the amendments in Divisions 1 and 2.

Division 1—Search warrants

Clause 72 inserts new section 464ZT to define the terms evidentiary material and warrant premises in subdivision 31 of Division 1 of Part III of the Crimes Act 1958. The term evidentiary material is defined as a thing that will afford evidence as to the commission of an offence for which a warrant has been issued under section 465. The term warrant premises, in relation to a warrant issued under section 465, is defined as a building, receptacle, place or vehicle that is subject to the warrant.

Clause 73 amends section 465 of the Crimes Act 1958.

Subclause (1) amends section 465(1) to provide that a warrant issued under that section authorises a police officer who executes the warrant to hold and retain things seized under the warrant without having to carry those things before a Magistrates' Court.

Subclause (2) inserts new section 465(1A) to provide that a warrant issued under section 465(1) authorises the police officer executing it to seize and hold or retain a seized thing for as long as is reasonably required for the purposes of the investigation of the offence in relation to which it was seized, or a criminal proceeding for the offence in relation to which it was seized.

Subclause (3) inserts new section 465(2A) to provide that section 78(1)(b)(ii) of the Magistrates' Court Act 1989 does not apply to a warrant issued under section 465(1).

Subclause (4) amends section 465(3) to provide an exception to that section for the purposes of new section 465(2A).

37

Clause 74 inserts new sections 465AAAA, 465AAAAB, 465AAAAC, 465AAAAD, 465AAAAE and 465AAAAF after section 465 of the Crimes Act 1958.

New section 465AAAA(1) authorises a police officer executing a warrant issued under section 465 in relation to warrant premises, to break open or unlock any receptacle in or on the warrant premises, as is reasonably necessary for conducting a search under the warrant.

New section 465AAAA(2) provides the actions that a police officer who executes a search warrant issued under section 465 may take to break open or unlock a receptacle, namely, any action that is reasonably necessary to—

• determine whether receptacle is, or contains a thing that may be seized or determine whether the receptacle is, or contains a thing that may pose a hazard to a person; or

• assess or remove any thing in the receptacle that may pose a hazard to a person; or

• deal with the receptacle or any thing in the receptacle to prevent any hazard or mitigate the risk of any hazard to a person.

New section 465AAAA(3) authorises a police officer who executes a search warrant issued under section 465 in relation to warrant premises to move a receptacle to another place, for up to 7 business days, for examination for the purpose of determining whether the receptacle is, or contains, a thing that may be seized under the warrant. New section 465AAAA(3) also sets out the conditions which must be met for this power to be exercised—

• if it is significantly more practicable to do so, having regard to the timeliness, the cost of examining the receptacle at another place, the availability of expert assistance and the safety of a person at the warrant premises during the execution of the warrant; and

• there are reasonable grounds to suspect that the receptacle is, or contains, a thing that may be seized under the warrant.

38

New section 465AAAA(4) inserts a definition of the term business day for the purposes of new section 465AAAA, to mean a day other than a Saturday or Sunday or a day appointed as a public holiday under the Public Holidays Act 1993.

New section 465AAAAB(1) authorises a police officer who executes a warrant under section 465 in relation to warrant premises to—

• seek the assistance of a person who possesses specialised skills or technical knowledge, necessary to exercise a power authorised by the warrant (an assistant) and bring the assistant onto the warrant premises; and

• bring onto the warrant premises any equipment, vehicle, animal or material that is reasonably required to exercise a power authorised by the warrant.

New section 465AAAAB(2) allows a police officer to direct an assistant to take stated action at the premises, and to exercise stated powers that the police officer is authorised by the warrant to exercise.

As provided in new section 465AAAAB(3)(a), a police officer may only direct an assistant to perform actions or exercise powers under new section 465AAAAB(1) that are consistent with the assistant's specialist skills or technical knowledge. Further, section 465AAAAB(3)(b) prohibits the police officer from directing the assistant to arrest a person.

New section 465AAAAB(4) sets out the matters which a police officer must inform an assistant of, namely, the action that the assistant is directed to take and the powers that the assistant may exercise.

New section 465AAAAB(5) clarifies that a police officer may use as many assistants as are reasonably necessary to exercise the powers that are authorised by the warrant.

New section 465AAAAC(1) provides that section 465AAAAC applies to a police officer executing a warrant issued under section 465 in relation to warrant premises who believes on reasonable grounds that—

39

• evidentiary material may be accessible by operating electronic equipment found at the warrant premises; and

• expert assistance is required to operate the equipment; and

• if the police officer does not take action under this section, the material may be destroyed, altered or otherwise interfered with.

New section 465AAAAC(2)(a) provides that the police, may do whatever is necessary to secure electronic equipment at the warrant premises, including—

• locking the equipment in a secure room, and

• guarding or placing a guard at the equipment

New section 465AAAAC(2)(b) also provides that a police officer may arrange for an expert to operate the equipment.

New section 465AAAAC(2) is subject to subsections (4), (5) and (6).

New section 465AAAAC(3) provides that when exercising the powers under section 465AAAAC, a police officer must notify the occupier of the warrant premises of—

• the police officer's intention to secure the electronic equipment; and

• the periods that the equipment may be secured under subsections (5) and (6).

New section 465AAAAC(4) provides that a police officer who secures equipment under new section 465AAAAC(2) must cause the least disruption and inconvenience to the occupier of the warrant premises, as is reasonably practicable in the circumstances. For example, this may require a police officer to allow an occupier into the room where the equipment is stored, under supervision, to collect essential personal belongings.

New section 465AAAAC(5) provides that the maximum period that a police officer may secure electronic equipment under new section 465AAAAC(2) is 24 hours.

40

New section 465AAAAC(6) provides that if an expert attends within the 24 hour period, the electronic equipment may be secured for—

• an additional period of up to 24 hours. The additional period ends at the time when the expert finishes operating the equipment, or 24 hours after the expert arrives, whichever occurs first; or

• a period as extended by the Magistrates' Court under new section 465AAAAE(1).

New section 465AAAAD(1) provides that section 465AAAAD applies if a police officer secures equipment under section 4645AAAAC and believes on reasonable grounds that an expert will not arrive within 24 hours of the equipment being secured or will not finish operating the equipment within 24 hours after arriving.

New section 465AAAAD(2) provides that the police officer may apply to the Magistrates' Court for an extension of the period for which the electronic equipment may be secured under section 465AAAAC by not more than 7 days.

New section 465AAAAD(3) provides that the occupier of the warrant premises is entitled to be heard in relation to an application made under new section 465AAAAD(2).

New section 465AAAAD(4) requires the police officer who makes such an application to notify the occupier of the warrant premises that—

• the police officer intends to make the application, and

• the occupier of the warrant premises is entitled to be heard in relation to the application.

New section 465AAAAE(1) provides that, on the application of a police officer, the Magistrates' Court may extend the period for which a police officer may secure electronic equipment, if the Magistrates' Court is satisfied that the extension is appropriate in the circumstances, and that the expert will not arrive within 24 hours of the equipment being secured, or will not finish operating the equipment within 24 hours after arriving.

41

New section 465AAAAE(2) provides that in determining whether the extension is appropriate in the circumstances, the Magistrates' Court may have regard to—

• the length of time that is likely required for an expert to attend the warrant premises and operate the equipment;

• the inconvenience that securing the equipment may cause to a person;

• the likelihood that operating the electronic equipment will enable evidentiary material to be accessed, copied or converted into documentary form in accordance with section 465AAAAF; and

• any other matters that the magistrate considers relevant.

New section 465AAAAE(3) provides that the Magistrates' Court may direct that a police officer must not take a specified action for the purposes of securing the electronic equipment. The Magistrates' Court may make such a direction if it appears to the Magistrates' Court that—

• the taking of that action would cause unreasonable disruption and inconvenience to an occupier of the warrant premises; and

• it is appropriate in the circumstances to limit the exercise of the police officer's powers under the warrant.

New section 465AAAAE(4) provides that the period for which an item may be secured upon the granting of an extension under section 465AAAAE(1) expires at the end of the extension period, or the time at which the expert finishes operating the equipment, whichever occurs sooner.

New section 465AAAAE(5) provides that the Magistrates' Court must not extend the period for which electronic equipment is secured for longer than 7 days.

New section 465AAAAE(6) provides that the Magistrates' Court may extend a period under new section 465AAAAE(1) more than once. A further application under new section 465AAAAD would be required for another extension.

42

New section 465AAAAF provides that a warrant issued under section 465 in relation to warrant premises authorises a police officer executing the warrant to do the following things in relation to a computer or data storage device that is at warrant premises, or has been seized under the warrant and is at a place other than warrant premises—

• access data held in, or accessible from such a device;

• copy to another data storage device data that is held in, or is accessible from, such a device; and

• convert into documentary form data that is held in, or is accessible from, such a device.

Clause 75 amends section 465AAA(1) of the Crimes Act 1958 by removing the definition of the term warrant premises. Clause 72 of the Bill inserts a definition of warrant premises in new section 464ZT.

Clause 76 amends section 465AA(1) of the Crimes Act 1958 by removing the definition of the term warrant premises. Clause 72 of the Bill inserts a definition of warrant premises in new section 464ZT.

Clause 77 inserts new sections 465AAB, 465AAC, 465AAD and 465AAE after section 465AA of the Crimes Act 1958.

New section 465AAB outlines the matters that a police officer who executes a warrant issued under section 465 in relation to warrant premises must inform the occupier of the warrant premises, namely—

• the requirement for a report about the execution of the warrant to be made in accordance with section 465AAC; and

• the venue of the Magistrates' Court at which the report will be lodged; and

• the time period in which the report will be lodged; and

• the persons who may be authorised by the Magistrates' Court to inspect the report under section 465AAE.

43

New section 465AAC(1) provides that a police officer who is issued a warrant under section 465 in relation to warrant premises must make and sign a report on the execution or non-execution of the warrant.

New section 465AAC(2) further provides that the police officer must cause a report under new section 465AAC(1) to be lodged with a registrar at the venue of the Magistrates' Court that is nearest to the warrant premises, no later than 10 days after the execution or expiry of the warrant, whichever is earlier.

New section 465AAC(3)(a) provides the matters that must be included in a report that is lodged under section 465AAC(1), namely—

• the name of the police officer in charge of the execution of the warrant;

• if an assistant was used in the execution of the warrant under section 465AAAAB, the name of the assistant and their expertise and qualifications;

• the date that the warrant was executed;

• the powers executed under the warrant;

• if electronic equipment was secured and operated by an expert under section 465AAAAC, the details of that equipment and the name of the expert who operated the electronic equipment;

• the outcome of any application to extend the time for which electronic equipment is secured under section 465AAAAD; and

• the results of the execution of the warrant, including the name of any persons arrested, and a description of any thing seized, any searches undertaken, or any thing broken open, unlocked, destroyed or disposed of or moved to another place during the execution of the warrant.

New section 465AAC(3)(b) has the effect that if a form is prescribed for the purposes of that section, the report must be made in the prescribed form.

44

New section 465AAC(4) provides that a report under section 465AAC(1) in relation to a warrant that was not executed must provide the reasons why the warrant was not executed.

New section 465AAD(1) provides that after a report about a warrant is filed or lodged at a venue of the Magistrates' Court under section 465AAC(2), the Magistrates' Court may issue a summons to the police officer who signed the report to give evidence on the matters contained in the report.

New section 465AAD(2) provides the matters that must be listed on the summons, which include the venue of the Magistrates' Court and the date and time at which the police officer is to appear before the Magistrates' Court to give evidence.

New section 465AAD(3) provides that the Magistrates' Court may direct any thing seized under a warrant issued under section 465(1) and in relation to which a report that has been lodged under section 465AAC(2), to be returned to its owner, subject to any condition that the Magistrates' Court thinks fit, if in the opinion of the Magistrates' Court it can be returned consistently with the interests of justice.

New section 465AAE(1) provides that a person may apply to the Magistrates' Court at the venue where the report was filed or lodged inspect a report lodged under section 464AAC(2) for an order authorising the person to inspect the report.

New section 465AAE(2) provides that upon application under section 465AAE(1), the Magistrates' Court may make an order authorising the person to inspect the report, or a part of the report that is relevant to the person, if the Magistrates' Court is satisfied that the person is—

• a person who was arrested during the execution of the warrant; or

• the owner or occupier of the building, receptacle, place or vehicle that was subject to the execution of the warrant; or

• the owner of any property seized during the execution of the warrant; or

• the owner of property that was broken open, unlocked, destroyed or disposed of during the execution of the warrant; or

45

• a person who has an interest in a thing that was seized, broken open, unlocked, destroyed or disposed of during the execution of the warrant; or

• if electronic equipment was secured for operation by an expert under section 465AAAAC, a person who has an interest in the equipment.

Clause 78 amends section 465B of the Crimes Act 1958.

Subclause (1) amends the heading of section 465B to remove the words "—return of warrant to court".

Subclause (2) substitutes section 465B(1) with words to the effect that after a police officer has executed a warrant issued under section 465, and seized a thing under the warrant, the police officer named in the warrant, or another police officer, may apply to the Magistrates' Court at a venue of the Magistrates' Court that is nearest to the warrant premises for a direction that the thing so seized be held or retained as if it were tainted property seized under a warrant under section 79 of the Confiscation Act 1997.

Clause 79 inserts new section 465F of the Crimes Act 1958, which provides that the Chief Commissioner of Police may display a thing seized under a warrant issued under section 465 to the public in any manner, including by displaying the thing at a conference attended by a media organisation, or by publishing a photo or video of the thing

New section 465F(2) provides that new section 465F applies despite anything to the contrary in Subdivision 5 of Part 4 of the Magistrates' Court Act 1989.

New section 465F(3) defines the terms journalism, media organisation and publish for the purposes of new section 465F.

New section 465F(3) defines journalism as the practice of collecting, preparing for dissemination or disseminating, for the purpose of making it available to the public, news or current affairs, or commentary, opinion, or analysis of news of current affairs.

New section 465F(3) defines media organisation as a person or body that engages in journalism.

46

New section 465F(3) defines publish as to disseminate or provide access to the public or a section of the public by—

• publication in a newspaper;

• broadcast by television; or

• electronic communication (including social media).

Division 2—Fingerprinting

Clause 80 inserts new paragraphs (f), (g) and (h) into section 464K(2) of the Crimes Act 1958. These new paragraphs provide additional matters that a police officer who intends to take a person's fingerprints under section 464K must inform the person. The additional matters include that—

• if the person has been fingerprinted on another occasion, section 464O(3A) may allow their fingerprints to be destroyed collectively, at the point where no set may be held; and

• the person's fingerprints may not be destroyed if the person dies before the point at which they are required to be destroyed; and

• that the fingerprints may be used for the purposes specified in new section 464NB.

Clause 81 amends section 464L of the Crimes Act 1958.

Subclause (1) amends section 464L(3)(d) to provide that a police officer must notify the child and the child's parent or guardian that either the child or the child's parent or guardian may refuse to provide their fingerprints under section 464L(1).

Subclause (3) inserts new paragraphs (g), (h) and (i) into section 464L(3). These new paragraphs provide additional matters that a police officer who intends to fingerprint a child aged 10 years or more but under 15 years must inform the child and the parent or guardian of the child of. The additional matters include that—

• if the child has been fingerprinted on another occasion, section 464O(3A) may allow their fingerprints to be destroyed collectively, at the point where no set may be held; and

47

• the fingerprints may not be destroyed if the child dies before the point at which they are required to be destroyed; and

• the fingerprints may be used for the purposes specified in new section 464NB.

Clause 82 inserts new section 464NB of the Crimes Act 1958. New section 464NB(1) authorises a person who has been authorised in writing by the Chief Commissioner of Police to use fingerprints taken in accordance with subdivision 31 of Part 3 of the Crimes Act 1958 to identify a person who is deceased, who has suffered a serious injury, or to identify a deceased person in a coronial inquest or investigation.

New sections 464NB(2) and (3) provide that the Chief Commissioner of Police may disclose the identity of a deceased person who is identified through the use of fingerprints under new section 464NB(1) to a coroner, or in relation to a person who has suffered a serious injury to a medical practitioner.

Clause 83 amends section 464O(2) of the Crimes Act 1958 to amend the requirements for police to destroy fingerprints under that section.

Subclause (2) amends section 464O(3) to provide that the Chief Commissioner of Police must destroy fingerprints within 1 month after the 6 month period in section 464O, instead of "immediately".

Subclause (3) inserts new subsection 464O(3A) to provide that where a person has their fingerprints taken on more than one occasion, those fingerprints must be destroyed collectively, within one month of the date on which all of the sets of that person's fingerprints would otherwise be required to be destroyed. This requirement also applies to a record, copy or photograph of the fingerprints.

Subclause (4) inserts new subsection 464O(5A) to include exceptions to the requirement for the Chief Commissioner of Police to destroy fingerprints under section 464O(3) where—

• the person has had their fingerprints taken on another occasion. The destruction of fingerprints in that situation is governed by new subsection 464O(3A); or

• the person has died.

48

Division 3—Transitional Provision

Clause 84 inserts new section 637A of the Crimes Act 1958. New section 637A is a transitional provision.

New section 637A(1) defines the term amending act for the purpose of new section 637A, to mean the Major Crime and Community Safety Legislation Amendment Act 2022.

New section 637A(2) has the effect that the amendments in Division 1 of Part 3 of the Bill apply to warrants issued under section 465 on or after the commencement date of the Bill.

New section 637A(3) has the effect that the amendments in Division 2 of Part 3 of the Bill apply to fingerprints taken on or after the commencement date of the Bill.

Part 4—Amendment of Crimes (Assumed Identities) Act 2004 Part 4 consists of 2 Divisions that amend the Crimes (Assumed Identities) Act 2004.

Division 1 amends requirements relating to the making and determining of applications for an authority, and the form of an authority, to use assumed identities by Victoria Police employees. Division 1 also makes amendments to the delegation provisions in the Crimes (Assumed Identities) Act 2004.

Division 2 sets out the transitional provisions.

Division 1—Assumed identity

Clause 85 inserts new section 4(3)(b)(iia). New section 4(3)(b)(iia) requires an application for an authority to acquire or use an assumed identity, where that person is a Victoria Police employee, to include the rank of the proposed supervisor of the person and an explanation of why it is necessary for the person to acquire or use the assumed identity.

Section 3 of the Crimes (Assumed Identities) Act 2004 defines a Victoria Police employee as having the same meaning as in the Victoria Police Act 2013. This has the effect that sworn police officers are not included in the definition of a Victoria Police employee for the purposes of the Act.

Clause 85 also amends section 4(3)(b)(iii) so that subparagraph (iii) applies to applications in relation to an authorised civilian, other than a Victoria Police employee.

49

Clause 86 amends section 5(2)(c) of the Crimes (Assumed Identities) Act 2004 so that paragraph (c) only applies to an authorised civilian, other than a Victoria Police employee. In doing so, clause 86 removes the requirement, in relation to an application for an assumed identity for a person who is a Victoria Police employee, for the chief officer to be satisfied on reasonable grounds that it would be impossible or impracticable in the circumstances for a law enforcement officer to acquire or use the assumed identity for the purpose sought.

Clause 87 inserts new section 6(2)(ga) of the Crimes (Assumed Identities) Act 2004 to require that an authority for an assumed identity in relation to a Victoria Police employee includes the name of that Victoria Police employee, the rank of the Victoria Police employee's supervisor, and the period for which the authority will remain in force. New section 6(2)(ga)(iii) also provides that the period for which the authority may remain in force may not exceed 12 months.

Clause 87 also amends section 6(2)(h) to provide that the requirements in paragraph (h) do not apply to authorised citizens who are Victoria Police employees, and updates the language of that section to replace the words "his or her" with "their".

Clause 88 amends section 34 of the Crimes (Assumed Identities) Act 2004.

Subclause (1) substitutes section 34(3) to make two amendments to the delegation provision in subsection (3). New section 34(3)(a) expands the number of delegations that may be in place to 10, for Victoria Police. New section 34(3)(b) retains the limit of 4 delegations for any other law enforcement agency.

Subclause (2) substitutes the word "superintendent" with the word "inspector" in the definition of senior officer in section 34(5), so that the chief officer may delegate their functions to a police officer of or above the rank of inspector under the Crimes (Assumed Identities) Act 2004.

50

Division 2—Transitional Provision

Clause 89 inserts new section 38 of the Crimes (Assumed Identities) Act 2004. New section 38 is the transitional provision and provides that section 6(2) inserted by the Major Crime and Community Safety Legislation Amendment Act 2022 applies to an authority granted on or after the commencement of section 87 of that Act.

Part 5—Amendment of Drugs, Poisons and Controlled Substances Act 1981

Clause 90 amends the item relating to 1,4-BUTANEDIOL in Part 3 of Schedule 11 to the Drugs, Poisons and Controlled Substances Act 1981 to provide that trafficking in 600.0g or more of 1,4-BUTANEDIOL triggers the automatic forfeiture provisions of the Confiscation Act 1997. The lawful industrial uses of 1,4-BUTADENIOL are unaffected by this amendment.

Part 6—Amendment of Sex Work Decriminalisation Act 2022

Clause 91 amends section 65(1) of the Sex Work Discrimination Act 2022 by substituting proposed items 2(be), (bf) and (bg) of Schedule 2 to the Confiscation Act 1997 for new—

"(be) section 53I(1) (obtaining a commercial benefit, payment or reward for commercial sexual services provided by a child);

(bf) section 53J(1) (agreement for provision of commercial sexual services by a child)".

Part 7—Repeal of this Act

Clause 92 provides for the repeal of the amending Act on the first anniversary of its commencement. The clause contains a note referring to section 15(1) of the Interpretation of Legislation Act 1984, noting that the repeal of the amending Act does not affect in any way the continuing operation of the amendments made by it.