Criminal Justice Legislation (Miscellaneous Amendments) Act 2002

Criminal Justice Legislation (Miscellaneous 

Amendments) Act 2002 

Act No. 35/2002 

TABLE OF PROVISIONS 

Section 

Page 

PART 1—PRELIMINARY 1 

1. Purposes 

2. Commencement 

1 

2 

PART 2—AMENDMENT OF THE CRIMES ACT 1958 4 

3. New section 464NA inserted 4 

464NA. Fingerscanning for identification purposes 4 

4. Destruction of records 5 

5. Records of juvenile 6 

6. Statute law revision 6 

PART 3—AMENDMENT OF THE CORRECTIONS ACT 1986 7 

7. Photographing and fingerprinting 7 

8. Disclosure of personal information 8 

9. Accident compensation 10 

10. New section 115 inserted 10 

115. Transitional provisions—Criminal Justice 

Legislation (Miscellaneous Amendments) 

Act 2002 10 

PART 4—AMENDMENT OF THE POLICE REGULATION 

ACT 1958 12 

11. Disclosure of information and documents 12 

PART 5—AMENDMENT OF THE MAGISTRATES' COURT 

ACT 1989 14 

12. Filing of charge 14 

13. Issue of summons by police 14 

14. New section 37A inserted 15 

37A. Service of outline of evidence on defendant 15 

15. Power to adjourn 17 

i

Section 

Page 


121A. Validation of certain acts 17 


128A. Adjournment to undertake diversion program 18 

18. Supreme Court—limitation of jurisdiction 20 

19. Regulations 20 

20. Pre-hearing disclosure 20 

21. Defendant's non-appearance at summary hearing 22 

6. Non-appearance of defendant—outline of evidence 22 

22. Committal of corporate defendant 24 

23. Offence not to appear 24 

24B. Offence to fail to appear at trial 24 

24. Transitional 24 

PART 6—MISCELLANEOUS 26 

25. Bail justice 26 

26. Appeal Costs Act 1998 27 


43A. Transitional—2002 amendments 27 

28. Drugs, Poisons and Controlled Substances (Amendment) 

Act 2001 28 

__________________ 

SCHEDULE 29 

═══════════════ 

ENDNOTES 35 

ii

Victoria 

No. 35 of 2002 

Criminal Justice Legislation 

(Miscellaneous Amendments) Act 2002 † 

[Assented to 18 June 2002] 

The Parliament of Victoria enacts as follows: 

PART 1—PRELIMINARY 

1. Purposes 

The purposes of this Act are— 

(a) to provide for the determination of a 

summary offence in the defendant's absence 

on the basis of a statement by the informant 

outlining the alleged offence; 

(b) to provide for the appearance of corporations 

on their trial for indictable offences; 

1

s. 2 

Criminal Justice Legislation (Miscellaneous Amendments) Act 

2002 


(c) to facilitate the use of electronic lodgment of 

court documents; 

(d) to provide for electronic pre-trial disclosure 

by the prosecution; 

(e) to enable a police officer to issue a summons 

to answer to a charge; 

(f) to provide the Magistrates' Court with the 

option of adjourning a criminal proceeding 

to enable a defendant to participate in a 

diversion program; 

(g) to deem persons when participating in 

diversion programs to be workers employed 

by the Crown for the purposes of the 

Accident Compensation Act 1985; 

(h) to enable fingerprints of accused persons and 

prisoners to be taken by scanning devices for 

identification purposes; 

(i) to provide for the exchange of personal 

information relating to prisoners and persons 

in community corrections centres or 

community corrections programes between 

corrections staff and members of the police 

force; 

(j) to amend the definition of bail justice; 

(k) to amend the Appeal Costs Act 1998 in 

relation to indemnity certificates in criminal 

proceedings; 

(l) to make miscellaneous amendments of a 

transitional and statute law revision nature. 

2. Commencement 

(1) This Act (except item 5.1 in the Schedule) comes 

into operation on the day after the day on which it 

receives the Royal Assent. 

2




s. 2 

(2) Item 5.1 in the Schedule is deemed to have come 

into operation on the day on which section 5 of 

the Sentencing (Amendment) Act 2002 comes 

into operation. 

_______________ 

3

s. 3 




PART 2—AMENDMENT OF THE CRIMES ACT 1958 

See: 

Act No. 

6231. 

Reprint No. 16 

as at 

1 January 


and 

amending 

Act Nos 

45/2001 and 

11/2002. 

LawToday: 

www.dms. 

dpc.vic. 

gov.au 

3. New section 464NA inserted 

After section 464N of the Crimes Act 1958 

insert— 

'464NA. Fingerscanning for identification purposes 

(1) In this section, "fingerscan" means 

fingerprints taken by means of a device to 

obtain a record of the fingerprints. 

Example: Fingerprints may be taken by a scanning 

device to obtain a digital record of the 

fingerprints. 

(2) If a person of or above the age of 15 years— 

(a) has been charged with an indictable 

offence or a summary offence referred 

to in Schedule 7; and 

(b) is present in a police station because of 

the charging or has been remanded in 

custody in relation to the charge— 

a member of the police force may take a 

fingerscan of the person for the purpose only 

of identifying the person. 

(3) Before fingerscanning a person under this 

section, a member of the police force must 

inform the person, in language likely to be 

understood by the person, that the 

fingerscan— 

(a) is to be taken only for the purpose of 

identifying the person; and 

(b) is inadmissible as evidence. 

(4) A member of the police force may use 

reasonable force to take the fingerscan of a 

person referred to in sub-section (2) who 

4




s. 4 

refuses to allow it to be taken voluntarily 

if— 

(a) the use of reasonable force is authorised 

by a member in charge of a police 

station at the relevant time or a member 

of or above the rank of sergeant; and 

(b) before fingerscanning the person, the 

member of the police force informs the 

person, in language likely to be 

understood by the person, that 

reasonable force may be used to obtain 

it. 

(5) A person of the same sex as the person to be 

fingerscanned must, if practicable, take the 

fingerscan. 

(6) A fingerscan is inadmissible as evidence in 

any proceeding. 

(7) A fingerscan which is not required to be 

destroyed under section 464O may be 

recorded on a computerised database and 

may be accessed, disclosed, communicated 

or made use of by a person for the 

performance of official duties if the 

recording, accessing, disclosing, 

communicating or making use of fingerscans 

on that database by that person, or a person 

belonging to a class of persons, for that 

purpose is authorised in writing by the Chief 

Commissioner of Police.'. 

4. Destruction of records 

In section 464O(1) of the Crimes Act 1958, after 

"section" insert— 

' "destroy", in relation to a fingerscan, means 

permanently de-identify information— 

5

s. 5 




(a) which identifies the person from whom 

the fingerscan was taken; or 

(b) from which the person's identity may be 

ascertained; 

"fingerprints" includes fingerscan taken under 

section 464NA;'. 

5. Records of juvenile 

In section 464P of the Crimes Act 1958, before 

sub-section (1) insert— 

'(1A) In this section, "fingerprints" includes 

fingerscan taken under section 464NA.'. 

6. Statute law revision 

Sections 6, 7(1)(b) and 10 of the Crimes 

(Fingerprinting) Act 1988 are repealed. 

_______________ 

6




s. 7 

PART 3—AMENDMENT OF THE CORRECTIONS ACT 1986 

7. Photographing and fingerprinting 

(1) In section 3(1) of the Corrections Act 1986, 

before the definition of "function" insert— 

' "fingerprints" includes finger, palm, toe and 

sole prints, whether taken by impression or 

by means of a device to obtain a record of 

the fingerprints; 

Example: Fingerprints may be taken by a scanning device 

to obtain a digital record of the fingerprints.'. 

See: 


117/1986. 

Reprint No. 4 

as at 

26 August 

1999 

and 

amending 


38/1988, 

11/1993 (as 

amended by 

Nos 45/1996 

and 11/2002), 

86/2000, 

45/2001, 

72/2001 and 

2/2002. 

LawToday: 

www.dms. 

dpc.vic. 

gov.au 

(2) In section 11(7A) of the Corrections Act 1986, 

for "must" substitute "may". 

(3) In section 28(1) of the Corrections Act 1986, for 

"must" substitute "may". 


after "photographs of the prisoner" insert "or take 

the prisoner's fingerprints or both". 

(5) In section 99(1) of the Corrections Act 1986, for 

"must take photographs of the offender" 

substitute "may take photographs of the offender 

and may take the offender's fingerprints". 


after "photographs of the offender" insert "or take 

the offender's fingerprints or both". 


after "photographs" insert "and fingerprints". 

7

s. 8 




8. Disclosure of personal information 


after paragraph (d) insert— 

"(daa) recording, accessing, disclosing, 

communicating or making use of 

information— 

(i) relating to the personal affairs of a 

prisoner; or 

(ii) concerning the investigation of a breach 

or possible breach of the law by a 

prisoner— 

on a computerised database in the 

performance of the person's official duties 

if— 

(iii) the person holds a position other than 

as a volunteer; and 

(iv) the Minister has given written authority 

under sub-section (4) that applies to the 

person; or". 

(2) In section 30 of the Corrections Act 1986, after 

sub-section (3) insert— 

"(4) The Minister may, by instrument in writing, 

authorise persons, or classes of persons, 

specified in the authority, who hold a 

position, other than as volunteers, to record, 

access, disclose, communicate or make use 

of, for the performance of their official 

duties, confidential information, or classes of 

confidential information, of a kind referred 

to in sub-section (3)(daa) on a computerised 

database specified in the authority that is 

able to be accessed by— 

(a) persons holding a position, other than 

as volunteers; or 

8




s. 8 

(b) officers within the meaning of 

section 85; or 

(c) members of the police force. 

(5) Nothing in this section prevents the 

recording or accessing and using of health 

information within the meaning of the 

Health Records Act 2001 in accordance 

with that Act.". 

(3) At the end of section 91 of the Corrections Act 

1986 insert— 

"(2) Sub-section (1) does not prevent an officer 

from recording, accessing, disclosing, 

communicating or making use of any 

information referred to in that sub-section on 

a computerised database in the performance 

of official duties if the Minister has given 

written authority under sub-section (3) that 

applies to the officer. 

(3) The Minister may, by instrument in writing, 

authorise officers, or classes of officers, 

specified in the authority, to record, access, 

disclose, communicate or make use of, for 

the performance of their official duties, 

information, or classes of information, of a 

kind referred to in sub-section (1) on a 

computerised database specified in the 

authority that is able to be accessed by— 

(a) officers; or 

(b) persons holding a position within the 

meaning of section 30, other than as 

volunteers; or 

(c) members of the police force. 

9

s. 9 




(4) Nothing in this section prevents the 





9. Accident compensation 

In section 110 of the Corrections Act 1986— 

(a) in paragraph (b), for "location—" substitute 

"location; or"; 

(b) after paragraph (b) insert— 

"(c) a person who is required or directed by 

or under a diversion program under 

section 128A of the Magistrates' 

Court Act 1989 to work or to take part 

in a program of activities—". 

10. New section 115 inserted 

After section 114 of the Corrections Act 1986 

insert— 

"115. Transitional provisions—Criminal Justice 


Act 2002 

(1) The amendments to this Act made by 

section 7 of the Criminal Justice 


Act 2002 apply to fingerprints taken after the 

commencement of that section. 

(2) The amendments to this Act made by 

section 8 of the Criminal Justice 


Act 2002 apply to information whether 

obtained before or after the commencement 

of that section.". 

__________________ 

10




11

s. 11 




PART 4—AMENDMENT OF THE POLICE REGULATION 

ACT 1958 

See: 


6338. 

Reprint No. 8 

as at 

15 October 

1998 

and 

amending 


30/1999, 

61/1999, 

95/2000, 

9/2001, 

36/2001 and 

84/2001. 

LawToday: 

www.dms. 

dpc.vic. 

gov.au 

11. Disclosure of information and documents 

In section 127A of the Police Regulation Act 

1958, after sub-section (1) insert— 

"(1A) Sub-section (1) does not prevent a member 

of the police force from recording, accessing, 

disclosing, communicating or making use of 

any fact or document referred to in that subsection, 

whether obtained before or after the 

commencement of section 11 of the 


(Miscellaneous Amendments) Act 2002, on 

a computerised database in the performance 

of official duties if the Chief Commissioner 

of Police has given written authority under 

sub-section (1B) that applies to the member. 

(1B) The Chief Commissioner of Police may, by 

instrument in writing, authorise members, or 

classes of members, of the police force 

specified in the authority, to record, access, 

disclose, communicate or make use of, for 

the performance of their official duties, 

information, or classes of information, 

referred to in sub-section (1) on a 

computerised database specified in the 

authority that is able to be accessed by— 

(a) members of the police force; or 

(b) persons holding a position within the 

meaning of section 30 of the 

Corrections Act 1986, other than as 

volunteers; or 

(c) officers within the meaning of 

section 85 of the Corrections Act 

1986. 

12




s. 11 

(1C) Nothing in sub-section (1A) prevents the 





_______________ 

13

s. 12 




PART 5—AMENDMENT OF THE MAGISTRATES' COURT 

ACT 1989 

See: 


51/1989. 

Reprint No. 8 

as at 

24 April 2002 

and 

amending Act 

Nos 2/2001 

and 2/2002. 

Law Today: 

www.dms. 

dpc.vic. 

gov.au 

12. Filing of charge 

(1) In section 26 of the Magistrates' Court Act 

1989, at the foot of sub-section (1) insert— 

"Note: The Electronic Transactions (Victoria) Act 2000 

applies to enable a charge to be filed electronically.". 


1989, after sub-section (2) insert— 

"(2A) If a charge is filed in accordance with the 

method prescribed by the regulations for 

electronic filing, the requirements of sections 

8(1) and 9(1) of the Electronic 

Transactions (Victoria) Act 2000 are taken 

to have been met.". 

13. Issue of summons by police 


1989, for sub-section (1) substitute— 

"(1) Without limiting the power of a registrar in 

any way— 

(a) a member of the police force; or 

(b) in the case of a charge for a prescribed 

summary offence, a prescribed 

person— 

may, at the time of signing a charge-sheet, 

issue a summons to answer to the charge.". 

14




s. 14 

(2) In section 30(2) of the Magistrates' Court Act 

1989— 

(a) after "If " insert "a member of the police 

force or"; 

(b) omit "original". 

(3) In section 30(4) of the Magistrates' Court Act 

1989— 

(a) after "If" insert "a member of the police 

force or"; 

(b) omit "original"; 

(c) after "charge" (where last occurring) insert 

", whether or not the charge is for a summary 

offence". 

14. New section 37A inserted 

After section 37 of the Magistrates' Court Act 


'37A. Service of outline of evidence on defendant 

(1) The informant may serve on the defendant, 

in the case of a charge for a summary 

offence, an outline of evidence and a notice 

in the prescribed form explaining this section 

and clause 6 of Schedule 2. 

(2) An outline of evidence is a statement by the 

informant— 

(a) describing the nature and circumstances 

of the alleged offence, including— 

(i) the background and consequences 

of the alleged offence; and 

(ii) the comments or statements, if 

any, made by the defendant 

concerning the alleged offence; 

and 

15

s. 14 




(b) including— 

(i) the names of all persons who may 

be called to give evidence by or 

on behalf of the informant at the 

hearing of the charge and 

indicating whether those persons 

have made statements; and 

(ii) a list of any things that may be 

tendered as exhibits. 

(3) An outline of evidence must be— 

(a) in the form of an affidavit; or 

(b) signed by the informant and must 

contain an acknowledgment signed in 

the presence of— 

(i) a member of the police force of 

Victoria, of any other State or of 

an internal Territory; or 

(ii) a member of the Australian 

Federal Police— 

that the statement is true and correct 

and is made in the belief that a person 

making a false statement in the 

circumstances is liable to the penalties 

of perjury. 

(4) Despite sub-section (3), a copy of an outline 

of evidence that— 

(a) is served on the defendant; or 

(b) is used for the purposes of clause 6 in 

Schedule 2— 

need not bear the manual signature of the 

informant. 

16




s. 15 

(5) An informant who acknowledges an outline 

of evidence which the informant knows at 

the time to be false is liable to the penalties 

of perjury. 

(6) The outline of evidence and notice referred 

to in sub-section (1) must be served in 

accordance with section 34 or 36(1) (as the 

case requires) as though they were a 

summons to answer to a charge. 

(7) Service of documents referred to in subsection 

(1) may be proved in any manner in 

which service of a summons to answer to a 

charge may be proved under section 35. 

(8) Section 90 of the Road Safety Act 1986 

applies as if a reference to "summons" were 

a reference to "outline of evidence under 

section 37A of the Magistrates' Court Act 

1989". 

(9) An informant must retain an outline of 

evidence bearing the manual signature of the 

informant for a period of 12 months after the 

determination of the charge.'. 

15. Power to adjourn 

In section 41(3) of the Magistrates' Court Act 

1989, after "Schedule 2" insert "or may adjourn 

the proceeding on any terms that it thinks fit". 




"121A. Validation of certain acts 

If, before the commencement of section 25 

of the Criminal Justice Legislation 

(Miscellaneous Amendments) Act 2002, a 

17

s. 17 




person holding a prescribed office under 

section 121 performed any act or made any 

decision under this or any other Act in 

purported exercise of a power to act as a bail 

justice appointed under section 120, the act 

or decision is not invalid only by reason of 

the lack of appointment of the person as a 

bail justice under section 120 of the 

Magistrates' Court Act 1989.". 




"128A. Adjournment to undertake diversion 

program 

(1) This section does not apply to an offence 

punishable by a minimum or fixed sentence 

or penalty. 

(2) If, at any time before taking a formal plea 

from a defendant in a criminal proceeding 

for a summary offence or an indictable 

offence triable summarily— 

(a) the defendant acknowledges to the 

Court responsibility for the offence; 

and 

(b) it appears appropriate to the Court, 

which may inform itself in any way it 

thinks fit, that the defendant should 

participate in a diversion program; and 

(c) both the prosecution and the defendant 

consent to the Court adjourning the 

proceeding for this purpose— 

the Court may adjourn the proceeding for a 

period not exceeding 12 months to enable the 

defendant to participate in and complete the 

diversion program. 

18




s. 17 

(3) A defendant's acknowledgment to the Court 

of responsibility for an offence is 

inadmissible as evidence in a proceeding for 

that offence and does not constitute a plea. 

(4) If a defendant completes a diversion program 

to the satisfaction of the Court— 

(a) no plea to the charge is to be taken; and 

(b) the Court must discharge the defendant 

without any finding of guilt; and 

(c) the fact of participation in the diversion 

program is not to be treated as a finding 

of guilt except for the purposes of— 

(i) Division 1 of Part 3 and Part 10 of 

the Confiscation Act 1997; and 

(ii) section 9 of the Control of 

Weapons Act 1990; and 

(iii) section 151 of the Firearms Act 

1996; and 

(iv) Part 4 of the Sentencing Act 

1991; and 

(d) the fact of participation in the diversion 

program and the discharge of the 

defendant is a defence to a later charge 

for the same offence or a similar 

offence arising out of the same 

circumstances. 

(5) If a defendant does not complete a diversion 

program to the satisfaction of the Court and 

the defendant is subsequently found guilty of 

the charge, the Court must take into account 

the extent to which the defendant complied 

19

s. 18 




with the diversion program when sentencing 

the defendant. 

(6) Nothing in this section affects the 

requirement to observe the rules of natural 

justice.". 

18. Supreme Court—limitation of jurisdiction 

At the end of section 139A of the Magistrates' 

Court Act 1989 insert— 

"(2) It is the intention of section 121A to alter or 

vary section 85 of the Constitution Act 

1975.". 

19. Regulations 

In section 140(1) of the Magistrates' Court Act 

1989, after paragraph (c) insert— 

"(ca) prescribing a method for the electronic filing 

of charges; and". 

20. Pre-hearing disclosure 

(1) In clause 1A(2) of Schedule 2 to the Magistrates' 

Court Act 1989, for "14" substitute "10". 

(2) In clause 1A of Schedule 2 to the Magistrates' 

Court Act 1989, after sub-clause (2) insert— 

"(2A) If— 

(a) the informant is a member of the police force or 

an officer of a prescribed agency; and 

(b) the defendant's legal practitioner is authorised 

by the Secretary to access electronically the 

information and matters referred to in subclause 

(2); and 

(c) it is practicable to transmit electronically the 

information and matters referred to in subclause 

(2)— 

the informant must, subject to this clause, place on the 

prescribed database as soon as practicable and as the 

information or matters become available to the 

informant— 

20




s. 20 

(d) all information and matters referred to in subclause 

(2); and 

(e) a list of the exhibits proposed to be tendered.". 


Court Act 1989, after "sub-clause (2)" (where 

first occurring) insert "or to place on the database 

information or matters required to be placed under 

sub-clause (2A)". 


Court Act 1989— 

(a) for "7th" substitute "5th"; and 

(b) for "14" substitute "10". 

(5) In clause 1A of Schedule 2 to the Magistrates' 

Court Act 1989, after sub-clause (5) insert— 

"(5A) If the informant refuses to place on the database 

information or matters required to be placed under 

sub-clause (2A) or to provide access to exhibits, the 

informant must, without delay, serve on the 

defendant's legal practitioner a written statement of 

the ground or grounds for refusing to comply.". 


Court Act 1989, after "(2)" insert "or to place on 

the database information or matters required to be 

placed under sub-clause (2A)". 


Court Act 1989, after "(2)" insert "or a 

requirement to place information or matters 

required to be placed under sub-clause (2A)". 

21

s. 21 




21. Defendant's non-appearance at summary hearing 

In Schedule 2 to the Magistrates' Court Act 

1989, after clause 5 insert— 

"6. Non-appearance of defendant—outline of evidence 

(1) If— 

(a) under section 41(2) or (3) the Court proceeds to 

hear and determine the charge in the 

defendant's absence; and 

(b) the informant has served an outline of evidence 

on the defendant in accordance with 

section 37A not less than 14 days before the 

mention date; and 

(c) the Court considers that the matters set out in 

the outline of evidence disclose the offence 

charged— 

the following are admissible in evidence, despite the 

rule against hearsay— 

(d) the outline of evidence referred to in section 

37A(1); 

(e) any exhibit referred to in the outline of 

evidence. 

(2) Without limiting any other power conferred on the 

Court, if the Court considers that the matters set out in 

an outline of evidence do not disclose the offence 

charged, the Court may require the informant to 

provide additional evidence. 

(3) The additional evidence referred to in sub-section (2) 

is inadmissible unless— 

(a) it is in the form of written statements that 

comply with section 37A(3); and 

(b) a copy of each statement has been served on the 

defendant not less than 14 days before the 

Court considers the additional evidence. 

(4) The Court must reject a statement, or any part of a 

statement, tendered in a proceeding if the statement or 

part is inadmissible because of this clause. 

22




s. 21 

(5) The Court may rule as inadmissible the whole or any 

part of an outline of evidence, a statement or an 

exhibit. 

(6) If the Court finds a defendant guilty in the defendant's 

absence on the basis of an outline of evidence— 

(a) the Court must not make a custodial order 

under Division 2 of Part 3 of the Sentencing 

Act 1991; and 

(b) the Court must not make a community-based 

order under Division 3 of Part 3 of the 

Sentencing Act 1991; and 

(c) the Court must not make an order for a fine 

exceeding 20 penalty units under Division 4 of 

Part 3 of the Sentencing Act 1991 and the total 

sum of orders for fines must not exceed in the 

aggregate 50 penalty units; and 

(d) the total sum of orders made under Divisions 1 

and 2 of Part 4 of the Sentencing Act 1991 for 

the payment of restitution or compensation 

must not exceed $2000. 

(7) If, at any time during the hearing, the Court considers 

that the charge, if proved, is likely to result in an order 

prohibited by sub-clause (6), the Court— 

(a) must adjourn the proceeding to enable the 

defendant to appear or to be brought before the 

Court to answer to the charge; and 

(b) may issue a warrant to arrest the defendant. 

(8) Except as provided by section 90 of the Road Safety 

Act 1986, the Court must not be informed of nor have 

regard to any prior convictions or findings of guilt of 

the defendant. 

(9) If the Court finds a charge against a person proven 

and makes a sentencing order in their absence, the 

Court must give by post written notice to the person, 

at the address on the register, of— 

(a) the order of the Court; and 

(b) their right to apply for a re-hearing of the 

charge. 

(10) If a person is served with a notice under sub-clause 

(9) and applies under section 93 for a re-hearing of the 

23

s. 22 




charge within 28 days after the date of service of the 

notice, the Court must set aside the sentencing order 

and re-hear the charge. 

(11) This clause does not limit the power of the Court to 

proceed to hear and determine the charge in the 

defendant's absence under section 41(2) or (3) on the 

basis of evidence on oath given by or on behalf of the 

informant if the informant had not served an outline 

of evidence on the defendant in accordance with 

section 37A.". 

22. Committal of corporate defendant 

In clause 24(1) of Schedule 5 to the Magistrates' 

Court Act 1989— 

(a) in paragraph (b), after "(b)" insert "if the 

defendant is a natural person,"; 

(b) after paragraph (b) insert— 

"(ba) if the defendant is a body corporate, 

order the defendant to appear, by a 

representative or a legal practitioner, at 

its arraignment; and". 

23. Offence not to appear 

In Part 6 of Schedule 5 to the Magistrates' Court 

Act 1989, after clause 24A insert— 

"24B. Offence to fail to appear at trial 

A body corporate must comply with an order made 

under clause 24(1)(ba). 

Penalty: 240 penalty units.". 

24. Transitional 

In Schedule 8 to the Magistrates' Court Act 

1989— 

(a) in clause 25 (where secondly occurring) for 

"25." substitute "26."; 

(b) after clause 26 insert— 

"27. (1) The amendments made to this Act by 

sections 12, 13, 14, 15, 19 and 20 of the 

24




s. 24 


(Miscellaneous Amendments) Act 2002 

apply to a criminal proceeding 

commenced on or after the 

commencement of that Act. 

(2) Section 128A as inserted by section 17 of 

the Criminal Justice Legislation 

(Miscellaneous Amendments) Act 2002 

applies to a criminal proceeding for an 

offence, whether commenced before or 

after the commencement of section 17 of 

that Act.". 

__________________ 

25

s. 25 




PART 6—MISCELLANEOUS 

25. Bail justice 

(1) In section 3 of the Bail Act 1977, for the 

definition of "bail justice" substitute— 

' "bail justice" means— 

(a) bail justice appointed under section 120 

of the Magistrates' Court Act 1989; or 

(b) bail justice by virtue of holding a 

prescribed office under section 121 of 

the Magistrates' Court Act 1989;'. 

(2) In section 3(1) of the Children and Young 

Persons Act 1989, for the definition of "bail 

justice" substitute— 







(3) In section 38 of the Interpretation of Legislation 

Act 1984, for the definition of "bail justice" 

substitute— 







26




s. 26 

26. Appeal Costs Act 1998 

(1) In section 17(1) of the Appeal Costs Act 1998— 

(a) in paragraph (b), for "practitioner; and" 

substitute "practitioner—"; 

(b) paragraph (c) is repealed. 

(2) In section 17 of the Appeal Costs Act 1998, for 

sub-section (2) substitute— 

"(2) The court may only grant an indemnity 

certificate under sub-section (1) if it is 

satisfied that the reason for the adjournment 

was as set out in sub-section (1)(b).". 

(3) In section 17(3) of the Appeal Costs Act 1998, 

after "own costs of the adjournment" insert "that 

have been incurred,". 

(4) In section 17(4) of the Appeal Costs Act 1998, 

for "the accused" substitute "the party accused or 

convicted of an offence (whether that party is a 

defendant, appellant or respondent in the 

proceeding) to which the proceeding relates". 


After section 43 of the Appeal Costs Act 1998 

insert— 

"43A. Transitional—2002 amendments 

The amendments of section 17 of this Act 

made by section 26 of the Criminal Justice 


Act 2002 apply to an application under 

section 17 made on or after the 

commencement of section 26 of that Act, 

irrespective of when the criminal proceeding 

commenced.". 

27

s. 28 




28. Drugs, Poisons and Controlled Substances 

(Amendment) Act 2001 

On the coming into operation of an item in the 

Schedule, the Act referred to in that item is 

amended as set out in that item. 

__________________ 

28




Sch. 

SCHEDULE 

1. Bail Act 1977 

1.1 In section 4(2)(aa) of the Bail Act 1977, after sub-paragraph 

(i) insert— 

"(ia) an offence of trafficking in relation to a commercial 

quantity of a drug of dependence under section 71 of 

the Drugs, Poisons and Controlled Substances Act 

1981 as in force immediately before the 

commencement of the Drugs, Poisons and 

Controlled Substances (Amendment) Act 2001 or 

an offence of cultivating a narcotic plant under 

section 72 of that Act in circumstances where the 

offence is committed in relation to a quantity of a 

drug of dependence that is not less than the 

commercial quantity applicable to that narcotic plant 

or an offence of conspiring to commit either of those 

offences under section 79(1) of that Act; or". 

1.2 In section 4(4) of the Bail Act 1977, after paragraph (ca) 

insert— 

"(cab) subject to sub-section (2)(aa), with an offence of 

trafficking in a drug of dependence under section 71 

of the Drugs, Poisons and Controlled Substances 

Act 1981 as in force immediately before the 


Controlled Substances (Amendment) Act 2001 or 

an offence of cultivating a narcotic plant under 

section 72 of that Act or an offence of conspiring to 

commit either of those offences under section 79(1) of 

that Act;". 

2. Confiscation Act 1997 

2.1 In Schedule 2 to the Confiscation Act 1997, after clause 1 

insert— 

"1A. An offence against any of the following provisions of 




Controlled Substances (Amendment) Act 2001— 

(a) section 71(1) (trafficking in a drug of 

dependence) in circumstances where the 

offence is committed in relation to a quantity of 

a drug of dependence that is not less than the 

29

Sch. 




commercial quantity applicable to that drug of 

dependence; 

(b) section 72(1) (cultivation of narcotic plants) in 

circumstances where the offence is committed 

in relation to a quantity of a drug of 

dependence, being a narcotic plant, that is not 

less than the commercial quantity applicable to 

that narcotic plant; 

(c) section 79(1) or 80(3)(a) (conspiracy) in 

circumstances where the conspiracy is to 

commit an offence referred to in paragraph (a) 

or (b); 

(d) section 80(1) or 80(3)(b) (aiding and abetting 

etc.) in circumstances where the offence that is 

aided, abetted, counselled, procured, solicited 

or incited is an offence referred to in paragraph 

(a) or (b) or an offence committed in the 

circumstances referred to in paragraph (a) or (b) 

under a law in force in a place outside Victoria 

that is a corresponding law in relation to section 

71(1) or 72(1), as the case requires.". 

2.2 In Schedule 3 to the Confiscation Act 1997, after clause 1 

insert— 

"2. An offence against any of the following provisions of 





(a) section 71(1) (trafficking in a drug of 

dependence) in circumstances where the 

offence is committed in relation to a quantity of 

a drug of dependence that is not less than the 


dependence; 

(b) section 72(1) (cultivation of narcotic plants) in 






30




Sch. 

(c) section 79(1) or 80(3)(a) (conspiracy) in 


commit an offence referred to in paragraph (a) 

or (b); 

(d) section 80(1) or 80(3)(b) (aiding and abetting 



or incited is an offence referred to in paragraph 

(a) or (b) or an offence committed in the 

circumstances referred to in paragraph (a) or (b) 

under a law in force in a place outside Victoria 

that is a corresponding law in relation to section 

71(1) or 72(1), as the case requires.". 

3. Crimes Act 1958 

3.1 In section 464(2) of the Crimes Act 1958, in the definition 

of "relevant suspect", after "Act 1981" (where twice 

occurring) insert "or under section 71, 72(1)(ab) or 72(1)(b) 

of the Drugs, Poisons and Controlled Substances Act 

1981 as in force immediately before the commencement of 

the Drugs, Poisons and Controlled Substances 

(Amendment) Act 2001". 

3.2 In section 464U(3) of the Crimes Act 1958, after "Act 

1981" (where twice occurring) insert "or under section 71, 

72(1)(ab) or 72(1)(b) of the Drugs, Poisons and Controlled 

Substances Act 1981 as in force immediately before the 

commencement of the Drugs, Poisons and Controlled 

Substances (Amendment) Act 2001". 

3.3 In section 464ZF of the Crimes Act 1958, after sub-section 

(2) insert— 

"(2AA) If the finding of guilt referred to in sub-section (2)— 

(a) occurs between 1 January 2002 and the 

commencement of item 3.4 in the Schedule to 

the Criminal Justice Legislation 

(Miscellaneous Amendments) Act 2002; and 

(b) is in respect of an offence referred to in item 

29, 30 or 31 of Schedule 8— 

an application under sub-section (2) may be made not 

later than 12 months after the expiration of any appeal 

period or the final determination of an appeal 

(whichever is the later).". 

31

Sch. 




3.4 In Schedule 8 to the Crimes Act 1958, after clause 28 

insert— 

"29. An offence against section 71 of the Drugs, Poisons 

and Controlled Substances Act 1981 as in force 

immediately before the commencement of the Drugs, 

Poisons and Controlled Substances (Amendment) 

Act 2001 (trafficking in a drug of dependence). 

30. An offence against section 72(1)(ab) of the Drugs, 

Poisons and Controlled Substances Act 1981 as in 

force immediately before the commencement of the 

Drugs, Poisons and Controlled Substances 

(Amendment) Act 2001 (cultivation of a narcotic 

plant in circumstances where the offence is committed 

in relation to a quantity of a drug of dependence, 

being a narcotic plant, that is not less than the 

commercial quantity applicable to that narcotic plant). 

31. An offence against section 72(1)(b) of the Drugs, 

Poisons and Controlled Substances Act 1981 as in 

force immediately before the commencement of the 

Drugs, Poisons and Controlled Substances 

(Amendment) Act 2001 (cultivation of a narcotic 

plant for a purpose related to trafficking in that 

narcotic plant).". 

4. Magistrates' Court Act 1989 

4.1 In item 49 of Schedule 4 to the Magistrates' Court Act 

1989, after "72A" insert "and offences against the following 

provisions as in force before the commencement of the 

Drugs, Poisons and Controlled Substances (Amendment) 

Act 2001— 

(a) section 71(1) where the alleged offence is committed 

in relation to a quantity of a drug of dependence that 

is not less than the commercial quantity applicable to 

that drug of dependence; 

(b) section 72(1) where the alleged offence is committed 

in relation to a quantity of a drug of dependence, 

being a narcotic plant, that is not less than the 

commercial quantity applicable to that narcotic plant". 

5. Sentencing Act 1991 

5.1 In section 18ZN(1) of the Sentencing Act 1991 at the end of 

paragraph (a) insert "or". 

32




Sch. 

5.2 In clause 4 of Schedule 1 to the Sentencing Act 1991, after 

paragraph (a) insert— 

"(ab) an offence against any of the following provisions of 





(i) section 71 (trafficking in a drug of dependence) 

in circumstances where the offence is 

committed in relation to a quantity of a drug of 

dependence that is not less than the commercial 

quantity applicable to that drug of dependence; 

(ii) section 72 (cultivation of narcotic plants) in 






(iii) section 79(1) or 80(3)(a) (conspiracy) in 


commit an offence against section 71 of that 

Act in relation to a quantity of a drug of 


quantity applicable to that drug of dependence 

or an offence under a law in force in a place 

outside Victoria that is a corresponding law in 

relation to that section in relation to that 

quantity; 

(iv) section 80(1) or 80(3)(b) (aiding and abetting 



or incited is an offence against section 71 of 

that Act in relation to a quantity of a drug of 


quantity applicable to that drug of dependence 

or an offence under a law in force in a place 

outside Victoria that is a corresponding law in 

relation to that section in relation to that 

quantity; 

(v) section 80(4) (preparatory act) in circumstances 

where the offence to which the act relates is an 

offence under a law in force in a place outside 

Victoria that is a corresponding law in relation 

to section 71 of that Act in relation to a quantity 

33

Sch. 




of a drug of dependence that is not less than the 


dependence; 

(ac) an offence of attempting to commit an offence 

referred to in paragraph (ab)(i);". 

6. Surveillance Devices Act 1999 

6.1 In section 3(1) of the Surveillance Devices Act 1999, in the 

definition of "serious drug offence"— 

(a) in paragraph (g), for "(e);" substitute "(e)—"; 

(b) after paragraph (g) insert— 

"or an offence against any of the following provisions 

of the Drugs, Poisons and Controlled Substances 

Act 1981 as in force immediately before the 



(h) section 71(1) (trafficking in a drug of 

dependence); 

(i) section 72(1) (cultivation of narcotic plants) 

other than an offence that is not committed for 

any purpose related to trafficking in a narcotic 

plant; 

(j) section 79(1) (conspiracy) in circumstances 

where the conspiracy is to commit an offence 

referred to in paragraph (h) or (i); 

(k) section 80(1) (aiding and abetting etc.) in 

circumstances where the offence that is aided, 

abetted, counselled, procured, solicited or 

incited is an offence referred to in paragraph (h) 

or (i);". 

7. Transport Act 1983 

7.1 In section 86(1) of the Transport Act 1983, after paragraph 

(a) of the definition of "level 2 offence" insert— 

"(ab) an offence under section 71 of the Drugs, Poisons 

and Controlled Substances Act 1981 as in force 

immediately before the commencement of the Drugs, 

Poisons and Controlled Substances (Amendment) 

Act 2001; or". 

═══════════════ 

34




Endnotes 

ENDNOTES 

† 

Minister's second reading speech— 

Legislative Assembly: 9 May 2002 

Legislative Council: 6 June 2002 

The long title for the Bill for this Act was "to amend the Crimes Act 

1958, the Corrections Act 1986, the Police Regulation Act 1958, the 

Magistrates' Court Act 1989, the Confiscation Act 1997, the 

Sentencing Act 1991, the Bail Act 1977, the Children and Young 

Persons Act 1989, the Interpretation of Legislation Act 1984, the 

Surveillance Devices Act 1999, the Transport Act 1983 and the Appeal 

Costs Act 1998 and for other purposes." 

Constitution Act 1975: 

Section 85(5) statement: 

Legislative Assembly: 9 May 2002 


Absolute majorities: 

Legislative Assembly: 5 June 2002 


35

Criminal Justice Legislation (Miscellaneous Amendments) Act 2002

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