Version incorporating amendments as at
6 September 2023
table of provisions
Section Page
1 Short title and commencement 1
2 Repeal and saving 1
3 Future powers 2
4 Regulations as to public safety or order 3
5 Regulations for securing essentials of life to the community 4
6 Application and operation of regulations 5
7 Regulations not to impose industrial conscription 5
8 Regulations not to prohibit strikes in certain cases 5
9 Offences and penalties 6
10 No remedy against the Crown except compensation for property used or taken 7
11 Saving of other powers 8
Schedule 9
Endnotes 10
1 General information 10
2 Table of Amendments 12
3 Explanatory details 13
Version No.026
Public Safety Preservation Act 1958
No. 6348 of 1958
Version incorporating amendments as at
6 September 2023
An Act to consolidate the Law making Provisions for the Protection of the Community in Cases of Emergency.
BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):
1 Short title and commencement
This Act may be cited as the Public Safety Preservation Act 1958, and shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette.
2 Repeal and saving
(1) The Act mentioned in the Schedule to the extent thereby expressed to be repealed is hereby repealed accordingly.
(2) Except as in this Act expressly or by necessary implication provided—
(a) all persons things and circumstances appointed or created by or under the repealed Act or existing or continuing under that Act immediately before the commencement of this Act shall under and subject to this Act continue to have the same status operation and effect as they respectively would have had if that Act had not been so repealed;
(b) in particular and without affecting the generality of the foregoing paragraph such repeal shall not disturb the continuity of status operation or effect of any proclamation regulation order recognisance liability or right made issued passed entered into accrued incurred or acquired or existing or continuing by or under the repealed Act before the commencement of this Act.
No. 3756 s. 3.
3 Future powers
(1) Where at any time it appears to the Governor in Council that any action has been taken or is immediately threatened by any persons or body of persons whereby the public safety or order is or is likely to be imperilled the Governor in Council may by proclamation (in this Act referred to as a proclamation of emergency) declare that a state of emergency exists.
(2) No such proclamation shall be in force for more than one month, without prejudice to the issue of another proclamation of emergency before at or after the end of that period.
(3) Where a proclamation of emergency has been made the occasion thereof shall be forthwith communicated to Parliament; and if Parliament is then separated by such adjournment or prorogation as will not expire within five days then a proclamation of the Governor shall be issued summoning the Legislative Council and the Legislative Assembly to meet for the despatch of the business of Parliament on any day not less than two nor more than five days from the date of the said proclamation of emergency and Parliament shall accordingly meet and sit upon the day appointed by the said proclamation of the Governor and shall continue to sit and act in like manner as if it had stood adjourned or prorogued to the same day.
(4) Where a proclamation of emergency has been made and so long as the proclamation is in force the Governor in Council may exercise all or any of the powers hereinafter conferred upon the Governor in Council by or under this Act.
(5) Where a proclamation of emergency has been made and so long as the proclamation is in force any regulations made under this Act shall not continue in force after the expiration of seven days from the time when they are laid before Parliament unless a resolution is passed by both Houses providing for the continuance thereof.
No. 3756 s. 4.
4 Regulations as to public safety or order
Pursuant to powers conferred by or under this Act the Governor in Council may make regulations for or with respect to—
(a) securing public safety or order;
(b) conferring such powers and imposing such duties as the Governor in Council thinks fit upon any responsible Minister or Ministers of the Crown and any officers or other persons for securing public safety or order and in particular (and without affecting the generality of the foregoing provisions of this section) with a view—
(i) to prevent interference with or intimidation molestation or annoyance of any persons in or in relation to the lawful conduct of their affairs or the lawful performance of their duties and to prevent the exposure of any person to insult or disability in or in relation to his lawful behaviour or the lawful conduct of his affairs or the lawful performance of his duties;
S. 4(b)(ii) amended by Nos 97/1987 s. 181(12), 74/2000 s. 3(Sch. 1 item 106).
(ii) to prohibit or regulate the sale supply or disposal of liquor within the meaning of the Liquor Control Reform Act 1998 including power (in the case of any offence against the said Act or this Act) to suspend any licence under the said Act or to restrict or to subject to conditions the exercise of any right or privilege conferred by any such licence; and
(iii) to prevent the doing of any act or thing (whether or not of the like nature to the foregoing) with the object of or which may have the effect of prejudicing the public safety or order.
No. 3756 s. 5.
5 Regulations for securing essentials of life to the community
Pursuant to powers conferred by or under this Act the Governor in Council may make regulations for or with respect to securing the essentials of life to the community or any substantial portion of the community; and such regulations may confer such powers and impose such duties as the Governor in Council thinks fit upon any responsible Minister or Ministers of the Crown and any officers or other persons for the preservation of peace or order, for securing and regulating the supply and distribution of food water fuel light and other necessities, for maintaining the means of transit transport locomotion or other services, and for any purposes essential to public safety or order or the life of the community; and such regulations may contain such provisions incidental to the powers aforesaid as may appear to the Governor in Council to be required for making the exercise of those powers effective.
No. 3756 s. 6.
6 Application and operation of regulations
(1) Any regulations made under this Act—
(a) may be made so as to apply to or have operation throughout the whole or any part of Victoria;
(b) may subject to this Act be made so as to operate for any period or periods or for any time or times or for any occasion or occasions specified therein;
(c) may be of general operation or of specially limited operation according to time place circumstances conditions or restrictions;
S. 6(1)(d)–(f) repealed by No. 6886 s. 3.
(2) The expiry or revocation of any regulations made under this Act shall not be deemed to have affected the previous operation thereof or the validity of any action taken thereunder or any penalty or punishment incurred in respect of any contravention or failure to comply therewith or any proceeding or remedy in respect of any such penalty or punishment.
No. 3756 s. 7.
7 Regulations not to impose industrial conscription
Nothing in this Act shall be construed to authorize the making of any regulations imposing any form of industrial conscription.
No. 3756 s. 8.
8 Regulations not to prohibit strikes in certain cases
No regulation made under this Act (except a regulation made under section five hereof) shall make it an offence for any person or persons to take part in a strike or peacefully to persuade any other person or persons to take part in a strike.
No. 3756 s. 9.
S. 9(1) amended by Nos 16/1986 s. 30, 57/1989 s. 3(Sch. item 169.1).
9 Offences and penalties
(1) Every person who contravenes or fails to comply with any provision of any regulation made under this Act shall be guilty of an offence against this Act and may be arrested either with or without warrant and being convicted of any such offence either as an indictable offence or before the Magistrates' Court shall be liable to a penalty of not more than $200[1] or to imprisonment for a term of not more than three months or to both such penalty and imprisonment.
(2) Every person who aids abets incites counsels or procures or is in any way, directly or indirectly, knowingly concerned in the commission of any offence against this Act shall be deemed to have committed that offence and shall be punishable accordingly.
(3) When any person is convicted of an offence against this Act the court before which he is convicted may either in addition to or in lieu of any punishment provided for the offence require him to enter into recognisances with or without sureties to comply with the provisions of the regulations in relation to which the offence was committed, and if any person fails to comply with the order of the court requiring him to enter into recognisances the court may order him to be imprisoned for any term of not more than six months.
(4) Every corporation shall be liable for any offence against this Act as if such corporation were a private person and shall be subject to the same penalties as if it were a private person; and if any chairman member of the governing body director manager secretary or officer of such corporation knowingly authorizes or permits the commission of any such offence he shall be deemed to have committed such offence and shall be punishable by penalty or imprisonment or both accordingly.
No. 3756 s. 10.
10 No remedy against the Crown except compensation for property used or taken
S. 10(1) amended by No. 25/2023 s. 7(Sch. 1 item 21).
(1) No action claim or demand whatsoever shall lie or be made or allowed by or in favour of any person whomsoever against His Majesty or any responsible Minister of the Crown or any officer or person acting in the execution of this Act or of any regulation made under this Act for or in respect of any damage loss or injury sustained or alleged to have been sustained by reason of the passing of this Act or of the operation of this Act or of anything done or purporting to be done thereunder save only in respect of reasonable compensation for any property used or taken by or on behalf of His Majesty in pursuance of any powers conferred by or under this Act.
S. 10(2) amended by Nos 57/1989 s. 3(Sch. item 169.2), 6/2018 s. 68(Sch. 2 item 104).
(2) Notwithstanding anything in any Act any person (including any person legally exempt from serving the office of constable) who after the first day of November One thousand nine hundred and twenty-three has taken or takes the oath or affirmation mentioned in section thirteen of the Unlawful Assemblies and Processions Act 1958 or any corresponding previous enactment administered by any justice or, in the case of an oath or affirmation taken after the commencement of Part 6 of the Magistrates' Court Act 1989, administered by a magistrate shall be deemed to have been duly and lawfully appointed a special constable under the said Act and every such oath or affirmation shall be deemed to have been duly and lawfully administered and taken.
No. 3756 s. 11.
11 Saving of other powers
All powers conferred by or under this Act or by or under any instrument issued in pursuance of this Act shall be in aid and not in derogation of any other powers exercisable apart from this Act.
Schedule
Section 2.
Number of Act
Title of Act
Extent of Repeal
3756
Public Safety Preservation Act 1928
The whole
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Public Safety Preservation Act 1958 was assented to on 30 September 1958 and came into operation on 1 April 1959: Government Gazette 18 March 1959 page 893.
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Public Safety Preservation Act 1958 by Acts and subordinate instruments.