(1) Subject to section 124ZA, the IBAC may give the Attorney-General a written report in accordance with this section at any time.
Section 124ZA requires the IBAC to first give an advance copy of the report to the Chief Commissioner, and give the Chief Commissioner a reasonable opportunity to consider whether any information in the report ought to be excluded under subsection (4).
(2) In a report under subsection (1), the IBAC may address the following—
(a) the exercise of powers conferred on the Chief Commissioner and other members of Victoria Police personnel by the unlawful association provisions;
(b) the performance of the duties and functions conferred on the Chief Commissioner and other members of Victoria Police personnel by the unlawful association provisions;
(c) the impact of the scheme for which this Part provides, including the impact of—
on persons referred to in section 124ZD(3)(c)(iv);
(d) a recommendation given under section 124U(1);
(e) a response received under section 124U(3);
(f) any other matter—
(i) that relates to the IBAC's functions and powers under this Division; and
(ii) that the IBAC considers it appropriate to report on.
(3) Without limiting subsection (2)(f), the IBAC may include, in a report under subsection (1), recommendations to improve the operation of this Part.
(4) The IBAC must exclude information from a report under subsection (1) if satisfied (whether on the advice of the Chief Commissioner under section 124ZA or otherwise) that inclusion of the information in the report could do a thing referred to in section 124Y(5).
S. 124ZA inserted by No. 37/2024 s. 29.
124ZA The IBAC to give advance copy of report to Chief Commissioner
(1) Before the IBAC gives a report to the Attorney-General under section 124Y or 124Z, the IBAC must—
(a) give an advance copy of the report to the Chief Commissioner; and
(b) give the Chief Commissioner a reasonable opportunity to consider whether the report contains any information the inclusion of which could do a thing referred to in section 124Y(5).
(2) The Chief Commissioner must advise the IBAC of any information in the report if, in the opinion of the Chief Commissioner, the inclusion of that information could do a thing referred to in section 124Y(5).
S. 124ZB inserted by No. 37/2024 s. 29.
124ZB Report to be laid before Parliament
The Attorney-General must cause a report that is given by the IBAC under section 124Y or 124Z to be laid before each House of the Parliament within 14 sitting days of that House after receiving the report.
Section 124Z - Criminal Organisations Control Act 2012 - Special report | Zoe
Subdivision 4—Record keeping and reporting by Chief Commissioner
S. 124ZC inserted by No. 37/2024 s. 29.
124ZC Chief Commissioner to keep records
(1) The Chief Commissioner must take all reasonable steps to ensure that the following records are kept—
(a) a record of each decision to issue an unlawful association notice, including the reasons for each decision;
(b) a record of each unlawful association notice issued;
(c) a record of how and when each unlawful association notice that was issued was served;
(d) a record of each decision under section 124E(3), including a record of the exceptional circumstances on which the decision was based;
Section 124E(3) provides that a senior police officer who would otherwise be required to issue a further related unlawful association notice under section 124E(2) is not required to do so if the officer considers that certain exceptional circumstances exist.
(e) a record of each decision made on an internal review under section 124N(3), including the reasons for each decision;
(f) any document that relates to an unlawful association notice and that was provided by or on behalf of the individual in respect of whom the notice was issued;
(g) all police procedures regarding unlawful association;
(h) the prescribed records (if any).
(2) Additionally, the Chief Commissioner must take all reasonable steps to ensure that the following documents are kept—
(a) each document containing information on which a decision to issue an unlawful association notice was based;
(b) each document containing information on which a decision under section 124E(3) was based;
(c) each document containing information on which a decision under section 124N(3) was based.
(3) It is sufficient compliance with subsection (1) or (2) if a copy of a document is kept.
S. 124ZD inserted by No. 37/2024 s. 29.
124ZD Chief Commissioner must report on unlawful association notices
(1) As soon as possible after the end of each quarter of each year, the Chief Commissioner must give the IBAC a written report in respect of that quarter in accordance with this section.
(2) For the purposes of subsection (1), the quarters of a year are—
(a) the period of 3 months beginning on 1 January; and
(b) each subsequent period of 3 months.
(3) A report in respect of a particular quarter must set out the following information—
(a) the number of unlawful association notices issued under section 124D(1) during that quarter;
(b) the number of unlawful association notices issued under section 124E(2) during that quarter;
(c) in relation to each unlawful association notice issued during that quarter—
(i) whether it was issued under section 124D(1) or 124E(2); and
(ii) the day on which the notice came into effect; and
(iii) the name, age, gender and ethnicity of the individual in respect of whom the notice was issued; and
(iv) whether the individual in respect of whom the notice was issued—
(A) is identified as an Aboriginal person or a Torres Strait Islander in records held by Victoria Police; or
(B) was a homeless person (within the meaning of the Magistrates' Court Act 1989) at the time the notice was served; or
(C) is a victim of family violence within the meaning of the Family Violence Protection Act 2008; or
(D) has a cognitive, mental or physical impairment; and
(v) whether an application has been made under section 124M for internal review in respect of the notice (and if so, the outcome of each application); and
(vi) whether an application has been made under section 124MA for an extension of time within which an application for internal review may be made (and if so, the outcome of each application);
(d) the number of unlawful association notices that were amended under each of the following provisions during that quarter—
(i) section 124J;
(ii) section 124KA(1)(b)(i);
(iii) section 124O(2);
(iv) section 124O(2A)(b)(i);
(e) the number of unlawful association notices that were revoked under each of the following provisions during that quarter—
(i) section 124K(1);
(ii) section 124K(2);
(iii) section 124KA(1)(c);
(iv) section 124P(2);
(v) section 124P(3);
(f) the number of applications made during that quarter under section 124M for an internal review;
(g) the number of applications made during that quarter under section 124MA for an extension of time within which an application for internal review may be made;
(h) the number of unlawful association notices that, during that quarter—
(i) were held to be invalid by a court; or
(ii) were otherwise rendered unenforceable by a decision of a court;
(i) the number of unlawful association notices that are currently the subject of applications for judicial review that have not yet been determined;
(j) the number of decisions under section 124E(3) during that quarter, including a record of the exceptional circumstances on which each decision was based;
Section 124E(3) provides that a senior police officer who would otherwise be required to issue a further related unlawful association notice under section 124E(2) is not required to do so if the officer considers that certain exceptional circumstances exist.
(k) the number of persons charged with an offence against section 124A(1) during that quarter;
(l) in relation to each charge referred to in paragraph (i)—
(i) the name, age, gender and ethnicity of the accused; and
(ii) whether the accused—
(A) is identified as an Aboriginal person or a Torres Strait Islander in records held by Victoria Police; or
(B) was a homeless person within the meaning of the Magistrates' Court Act 1989 when charged; or
(C) is a victim of family violence within the meaning of the Family Violence Protection Act 2008; or
(D) had a cognitive, mental or physical impairment when charged; and
(iii) if there has been an outcome in respect of the charge (including because it has been withdrawn or the prosecution for the charge has been discontinued), details of that outcome; and
(iv) if the charge was withdrawn or discontinued—
(A) the reason for the withdrawal or discontinuance; and
(B) the amount of time between the offence being charged and the charge being withdrawn or discontinued; and
(v) if there has not yet been an outcome in respect of the charge, details of the stage that the proceeding in respect of the charge has reached;
(m) if the IBAC has notified the Chief Commissioner under subsection (4) that additional information is required, that information;
(n) the prescribed information (if any).
(4) If the IBAC considers that it would be assisted in the performance of its functions under this Division if additional information were included in a report under subsection (1), the IBAC may give the Chief Commissioner a written notice identifying that information.
(5) A written notice under subsection (4)—
(a) may identify the additional information either by specifying the information itself or a class of information; and
(b) may specify that it applies only in relation to the report in respect of a particular period.
Subdivision 5—Offences
S. 124ZE inserted by No. 37/2024 s. 29.
124ZE Offence to hinder or obstruct an IBAC officer
A person must not, without reasonable excuse, hinder or obstruct an IBAC Officer who is performing a function of the IBAC, or exercising a power of the IBAC, under this Division.
S. 124ZF inserted by No. 37/2024 s. 29.
124ZF Compliance with direction or requirement
A person must not, without reasonable excuse, refuse or fail to comply with a direction or requirement made of the person in the exercise, by an IBAC Officer, of a power of the IBAC under this Division.
S. 124ZG inserted by No. 37/2024 s. 29.
124ZG Statement which is false or misleading
A person must not wilfully make a statement that the person knows to be false or misleading in a material particular or mislead or attempt to mislead the IBAC, or an IBAC Officer, in the exercise of a power of the IBAC under this Division.
Subdivision 6—Miscellaneous
S. 124ZH inserted by No. 37/2024 s. 29.
124ZH Privilege against self-incrimination abrogated
(1) A person is not excused from giving any answer, document or information in response to a direction, requirement or request under this Division on the ground that the giving of the answer, document or information might tend to incriminate the person or make the person liable to a penalty.
(2) Any answer, document or information given in response to a direction, requirement or request under this Division is not admissible in evidence against the person giving the information, document or answer before any court or person acting judicially, except in—
(a) a proceeding for perjury or giving false information; or
(b) a proceeding for a breach of discipline, within the meaning of the Victoria Police Act 2013, by a member of Victoria Police personnel; or
(c) a disciplinary process or action within the meaning of the Independent Broad-based Anti-corruption Commission Act 2011.
(3) Any evidence obtained as a direct or indirect consequence of any answer, document or information given in response to a direction, requirement or request under this Division is not admissible against the person giving the answer, document or information in a criminal proceeding or a proceeding for the imposition of a penalty brought against that person.
S. 124ZI inserted by No. 37/2024 s. 29.
124ZI Certain other immunities and privileges abrogated
(1) If the Chief Commissioner, or another member of Victoria Police personnel, is directed, required or requested under this Division to give any answer, document or information to the IBAC—
(a) that person is not entitled to assert public interest immunity, legal professional privilege or client legal privilege in response to that direction, requirement or request; and
(b) that immunity and those privileges are each abrogated to the extent of that direction, requirement or request; and
(c) every obligation on that person to maintain secrecy, or any other restriction on the disclosure of information, imposed by or under an Act or rule of law—
(i) is overridden; and
(ii) does not oblige that person not to comply with the direction, requirement or request.
(2) A member of Victoria Police personnel is not subject to any criminal, civil, administrative or disciplinary proceeding or action only because the member has not maintained secrecy or complied with a restriction on the disclosure of information in the circumstances referred to in subsection (1).
(3) This section does not apply to information, documents and answers that are subject to Cabinet confidentiality.
S. 124ZJ inserted by No. 37/2024 s. 29.
124ZJ Chief Commissioner to ensure the IBAC is given reasonable assistance
(1) The Chief Commissioner must give the IBAC any assistance that the IBAC reasonably requires to enable the IBAC to perform the IBAC's functions under this Division.
(2) The Chief Commissioner must ensure that every member of Victoria Police personnel gives the IBAC any assistance that the IBAC reasonably requires to enable the IBAC to perform the IBAC's functions under this Division.
S. 124ZK inserted by No. 37/2024 s. 29.
124ZK Chief Commissioner to notify the IBAC of certain notices and applications
The Chief Commissioner must notify the IBAC if—
(a) an unlawful association notice is issued in respect of a member of Victoria Police personnel; or
(b) an application is made for a serious crime prevention order in respect of a member of Victoria Police personnel.
S. 124ZL inserted by No. 37/2024 s. 29.
124ZL Exemption from Freedom of Information Act 1982
(1) The Freedom of Information Act 1982 does not apply to a document that is in the possession of any person or body to the extent to which the document discloses information that relates to the performance of the duties and functions or the exercise of the powers of the IBAC under this Division.
(2) In this section—
document has the same meaning as in the Freedom of Information Act 1982.
S. 124ZM inserted by No. 37/2024 s. 29.
124ZM Non-production of documents and other things in applicable proceeding, process or action
(1) A protected person is not compellable to produce, or permit inspection of, any document or other thing in any applicable proceeding, process or action if—
(a) the protected person has created the document or thing in the performance of the duties and functions or the exercise of the powers of the protected person or the IBAC under this Division; or
(b) the document or thing has come into the protected person's possession or control in the performance of the duties and functions or the exercise of the powers of the protected person or the IBAC under this Division.
(2) A written certificate of the IBAC that a document or thing is a document or thing to which subsection (1)(a) or (b) applies is evidence of that fact.
(3) In this section—
applicable proceeding, process or action means—
(a) any legal proceeding other than a criminal proceeding; or
(b) any proceeding of any tribunal, authority or other person having power to require the production of documents or the answering of questions, other than Integrity Oversight Victoria; or
(c) any disciplinary process or action;
protected person has the same meaning as in section 45 of the Independent Broad‑based Anti-corruption Commission Act 2011.
Pt 5B (Headings and ss 124ZN–124ZZC) inserted by No. 37/2024 s. 93.
Part 5B—Insignia of certain organisations
Division 1—Offence to publicly display insignia of Part 5B organisation
S. 124ZN inserted by No. 37/2024 s. 93.
124ZN Person must not publicly display insignia of Part 5B organisation
An individual who is 18 years old or older, or a body corporate, must not publicly display a mark if—
(a) the mark is an insignia of an organisation; and
(b) the individual or body corporate knows or ought reasonably to know that the mark is an insignia of that organisation; and
(c) that organisation is a Part 5B organisation; and
(d) if the regulations prescribe a mark in respect of that organisation, the mark referred to in paragraph (a) either—
(i) is a prescribed mark; or
(ii) consists of "1%" or "1%er".
Penalty: In the case of an individual, 60 penalty units;
In the case of a body corporate, 300 penalty units.
Notes
1 Publicly display is defined in section 8A.
2 Exceptions apply to this offence. See sections 124ZO, 124ZP and 124ZQ.
S. 124ZO inserted by No. 37/2024 s. 93.
124ZO Exception—insignia publicly displayed in connection with Part 5B organisation
A person does not contravene section 124ZN if the public display of the mark was engaged in reasonably and in good faith—
(a) for a genuine academic or educational purpose; or
(b) in the performance, exhibition or distribution of a work of art; or
(c) in making or publishing a fair and accurate report of any event or matter; or
(d) by a member or officer of—
(i) an Australian law enforcement agency; or
(ii) an integrity body; or
(iii) an intelligence agency—
in the performance of the member or officer's duties; or
(e) for the purposes of the administration of justice; or
(f) in opposition to the criminal activity of the organisation of which the mark is an insignia.
S. 124ZP inserted by No. 37/2024 s. 93.
124ZP Exception—insignia publicly displayed not in connection with Part 5B organisation
A person does not contravene section 124ZN if the public display of the mark was engaged in reasonably and in good faith and not for any of the following purposes—
(a) to identify the Part 5B organisation of which the mark is an insignia;
(b) to denote that Part 5B organisation;
(c) to indicate membership of that Part 5B organisation;
(d) to indicate another association with that Part 5B organisation.
S. 124ZQ inserted by No. 37/2024 s. 93.
124ZQ Exception—insignia as a tattoo
An individual does not contravene section 124ZN by publicly displaying a mark that is inscribed on the individual's body by means of tattooing or other like process.
Division 2—Directions to cease public displays
S. 124ZR inserted by No. 37/2024 s. 93.
124ZR Police officer may direct person to cease public display of insignia
(1) A police officer may give an individual who is 18 years old or older, or a body corporate, a direction under this section if the police officer reasonably believes that the individual or body corporate is committing an offence against section 124ZN by publicly displaying a mark.
(2) A direction under this section requires the person to whom it is given to cease the public display of the mark.
(3) A police officer who gives a direction under this section must specify in the direction a reasonable time within which the public display must cease.
(4) A police officer who gives a direction under this section may do so orally or in writing.
(5) A police officer who gives a direction under this section in writing must identify in the direction the person to whom the direction is given.
(6) A direction purportedly given under this section to an individual who is under 18 years old is of no effect.
S. 124ZS inserted by No. 37/2024 s. 93.
124ZS Person specified in direction under section 124ZR must comply with it
A person who—
(a) commits an offence against section 124ZN; and
(b) is given a direction under section 124ZR in respect of the public display that constitutes that offence—
must comply with the direction within the time specified in the direction unless the person has a reasonable excuse for not doing so.
Penalty: In the case of an individual, 10 penalty units;
In the case of a body corporate, 50 penalty units.
S. 124ZT inserted by No. 37/2024 s. 93.
124ZT Police officer may leave direction requiring cessation of public display of insignia
(1) A police officer may give a direction in accordance with this section in relation to particular property if—
(a) the police officer reasonably believes that a person is committing an offence against section 124ZN by publicly displaying a mark at or on that property; and
(b) there is no person present who appears to be—
(i) the owner or occupier of that property; or
(ii) otherwise in control of that property.
(2) A direction under this section requires a person who is specified in the direction to cease the public display of the mark.
(3) A police officer may specify a person in the direction only if—
(a) the person is an individual who is 18 years old or older, or a body corporate; and
(b) either—
(i) the person is the owner or occupier of the property at or on which the mark is publicly displayed; or
(ii) the person is otherwise in control of that property.
(4) A police officer who gives a direction under this section—
(a) need not identify a person specified in the direction by name; and
(b) may instead specify a person by reference to how they relate to the property at or on which the mark is publicly displayed.
Examples
1 If the mark is publicly displayed on a motor vehicle, the police officer may specify that it is the registered operator of that motor vehicle who is required to cease the public display.
2 If the mark is publicly displayed in the front window of a residence, the police officer may specify that it is the occupier of that residence who is required to cease the public display.
(5) If—
(a) a direction specifies a person by reference to how the person relates to property at or on which a mark is displayed; and
(b) more than one person relates to the property in that way—
the direction is to be taken to specify each person who relates to the property in that way.
If the direction specifies that it is the occupier of a residence who is required to cease a public display, and the residence has 2 occupiers, the direction is to be taken to specify each of them.
(6) A police officer who gives a direction under this section must specify in the direction a reasonable time within which the public display must cease.
(7) A police officer who gives a direction under this section must do so in writing, by leaving the direction at or affixed to the property so that the direction is conspicuous.
(8) A direction under this section in which it is purportedly specified an individual who is younger than 18 years old is to be taken not to specify that person.
S. 124ZU inserted by No. 37/2024 s. 93.
124ZU Person specified in direction under section 124ZT must comply with it
(1) A person who—
(a) commits an offence against section 124ZN; and
(b) is specified in a direction given under section 124ZT in respect of the public display that constitutes that offence—
must comply with the direction within the time specified in the direction unless the person has a reasonable excuse for not doing so.
Penalty: In the case of an individual, 10 penalty units;
In the case of a body corporate, 50 penalty units.
(2) Without limiting what may be a reasonable excuse for the purposes of subsection (1), it is a reasonable excuse for a person to fail to comply with a direction if the direction does not come to the person's notice.
(3) If a person who is specified in a direction given under section 124ZT complies with the direction within the time specified in the direction, no other person who is specified in the direction commits an offence against subsection (1) in respect of that direction.
Division 3—Search, seizure and forfeiture
S. 124ZV inserted by No. 37/2024 s. 93.
124ZV Issue of search warrant by magistrate
(1) Subject to subsection (2)—
(a) section 465 of the Crimes Act 1958 applies to and in respect of an offence against section 124ZN as if it were an indictable offence; and
(b) the other provisions of Subdivision (31) of Division 1 of Part III of that Act apply in relation to a warrant issued under section 465 of that Act, as applied by paragraph (a), in the same way that those provisions apply in relation to any other warrant issued under section 465 of that Act.
(2) If—
(a) a thing is seized under a warrant under section 465 of the Crimes Act 1958, as applied by subsection (1)(a); and
(b) the thing is the subject of a direction under section 465(1B) or 465C of that Act; and
(c) the thing is forfeited under section 124ZZA or 124ZZB—
section 465E of the Crimes Act 1958 does not apply in relation to that thing and, on that forfeiture, the direction ceases to apply.
S. 124ZW inserted by No. 37/2024 s. 93.
124ZW Police officer may seize property bearing insignia of Part 5B organisation
(1) A police officer may seize a thing if—
(a) the police officer reasonably believes that a person is committing or has committed an offence against section 124ZN by publicly displaying a mark that the thing bears; and
(b) that public display is still occurring (whether or not it ceased for any period of time); and
(c) the thing is located at a public place; and
(d) if the thing is being carried or attended by a person, the police officer has, immediately before seizing the thing—
(i) informed the person that the officer believes that the person is committing an offence against section 124ZN; and
(ii) informed the person that the officer has power to seize the thing and intends to do so; and
(iii) informed the person that reasonable force may be used to assist in the seizure; and
(iv) asked the person to hand the thing over.
(2) If it is necessary for a police officer to use reasonable force to seize the thing, the police officer may do so.
(3) If the person hands the thing over when asked to do so under subsection (1)(d)(iv), the thing is taken to have been seized under subsection (1).
(4) Nothing in this section authorises the police officer to search a person.
S. 124ZX inserted by No. 37/2024 s. 93.
124ZX When seized things become eligible to be collected, and by whom
(1) This section applies in relation to a thing that has been seized under—
(a) a search warrant issued as provided for by section 124ZV; or
(b) section 124ZW.
(2) Unless the seized thing is the subject of a direction under section 465(1B) or 465C of the Crimes Act 1958, it becomes eligible to be collected, in accordance with this section—
(a) by or on behalf of a relevant person referred to in subsection (3); and
(b) at the applicable time under subsection (4).
(3) Each of the following persons is a relevant person—
(a) the owner of the seized thing; and
(b) if the seized thing—
(i) was seized under section 124ZW; and
(ii) was being carried or attended by a person when seized—
the person to whom a police officer gave information under section 124ZW(1)(d).
(4) The applicable time is—
(a) when 3 months elapse without a person being charged with an offence against this Act in relation to the public display of a mark that the thing bears; or
(b) when a decision is made, within the period referred to in paragraph (a), not to charge an offence referred to in that paragraph; or
(c) if a person is charged with an offence referred to in paragraph (a), when all the relevant proceedings have concluded without a forfeiture order being made.
(5) For the purposes of subsection (4)(c)—
(a) the reference to a forfeiture order is a reference to—
(i) if the seized thing is not a motor vehicle, an order under section 124ZZA(2) in respect of the seized thing; or
(ii) if the seized thing is a motor vehicle, a forfeiture order under Division 1 of Part 3 of the Confiscation Act 1997 in respect of the vehicle; and
(b) the relevant proceedings are—
(i) the proceeding for the offence referred to in subsection (4)(a); and
(ii) if an application for a forfeiture order is made before the conclusion of the proceeding for that offence, a proceeding on that application.
S. 124ZY inserted by No. 37/2024 s. 93.
124ZY Collection of seized thing from police station
(1) This section applies in relation to a seized thing that, at an applicable time referred to in section 124ZX(4), becomes eligible for collection by a relevant person referred to in section 124ZX(3).
(2) The police officer in charge of the police station at which the seized thing is kept must give notice under this section to each person whose status as a relevant person can be discerned from the records of Victoria Police.
(3) Notice under this section must—
(b) inform the person to whom it is given—
(i) that the person has a right to collect the seized thing; and
(ii) that the thing will be forfeited to the Crown if not collected.
(4) Notice under this section must be given as soon as practicable after the police officer referred to in that section identifies the person as a relevant person.
(5) For the purposes of subsection (4), if, at the applicable time, Victoria Police has no record of who the owner of the thing is, the Chief Commissioner must ensure that a police officer takes reasonable steps to identify the owner.
(6) The police officer in charge of the police station at which the seized thing is kept must allow a relevant person to either—
(a) attend that police station and collect the thing; or
(b) have another person attend and collect the thing on the relevant person's behalf.
S. 124ZZ inserted by No. 37/2024 s. 93.
124ZZ Forfeiture of seized thing that is not collected
(1) If a seized thing that becomes eligible for collection under section 124ZX is not collected before the time specified in subsection (2), the thing is forfeited to the Crown at that time.
(2) The time at which the seized thing is to be forfeited is—
(a) if at least one relevant person was given notice under section 124ZY, 3 months after the last relevant person received that notice; or
(b) if no relevant person was given notice under section 124ZY, 4 months after the time at which the seized thing became eligible for collection under section 124ZX.
(3) Subject to subsection (4), the Minister may direct that a thing forfeited to the Crown under subsection (1) is to be disposed of in any manner the Minister thinks fit.
(4) If a thing is sold under subsection (3), the proceeds of the sale must be paid into the Consolidated Fund.
S. 124ZZA inserted by No. 37/2024 s. 93.
124ZZA Forfeiture of seized thing that is not a motor vehicle
(1) This section applies in relation to a thing that—
(a) bears a mark the public display of which constituted an offence against section 124ZN; and
(b) is not a motor vehicle; and
If the thing is a motor vehicle, see section 124ZZB.
(c) is seized under—
(i) a search warrant issued as provided for by section 124ZV; or
(ii) section 124ZW; or
(iii) a power at common law as it applies in relation to that offence.
(2) If a court finds a person guilty of the offence referred to in subsection (1)(a), the court may, on application by a police officer, order that the thing is forfeited to the Crown.
(3) Subject to subsection (4), the Minister may direct that a thing forfeited to the Crown under subsection (2) is to be disposed of in any manner the Minister thinks fit.
(4) The Minister must not dispose of a thing under subsection (3) unless—
(a) an appeal in relation to the offence has been abandoned or finally determined; or
(b) the period in which such an appeal may be commenced has elapsed without an appeal having been commenced.
(5) If a thing is sold under subsection (3), the proceeds of the sale must be paid into the Consolidated Fund.
S. 124ZZB inserted by No. 37/2024 s. 93.
124ZZB Forfeiture of seized motor vehicle
(1) This section applies in relation to a motor vehicle that—
(a) bears a mark the public display of which constituted an offence against section 124ZN; and
(b) is seized under—
(i) a search warrant issued as provided for by section 124ZV; or
(ii) section 124ZW; or
(iii) a power at common law as it applies in relation to that offence.
(2) If a court finds a person guilty of the offence referred to in subsection (1)(a), Division 1 of Part 3 of the Confiscation Act 1997 applies—
(a) as if that offence were a Schedule 1 offence (within the meaning of that Act); and
(b) as if the motor vehicle were the only tainted property (within the meaning of that Act) in relation to that offence.
(3) The remaining provisions of the Confiscation Act 1997 apply in relation to a forfeiture order applied for or made in accordance with subsection (2) in the same way that they apply to any other forfeiture order under Division 1 of Part 3 of that Act.
(4) A provision of the Confiscation Act 1997 applied by subsection (3) applies on the basis set out in subsection (2)(a) and (b).
Division 4—Regulations
S. 124ZZC inserted by No. 37/2024 s. 93.
124ZZC Regulations
(1) The Governor in Council may make regulations for or with respect to—
(a) prescribing an organisation for the purposes of the definition of Part 5B organisation; and
(b) prescribing a mark in respect of an organisation for the purposes of section 124ZN(d)(ii).
(2) The Minister may recommend the making of regulations for prescribing an organisation for the purposes of the definition of Part 5B organisation only if—
(a) the Minister has consulted with the Chief Commissioner; and
(b) the Minister is satisfied on reasonable grounds that the application of the prohibitions under this Part in relation to the organisation—
(i) is likely to substantially assist in disrupting or preventing serious criminal activity; and
(ii) is reasonably necessary to prevent or disrupt serious criminal activity.
(3) If the Chief Commissioner informs the Minister that a person has been involved in serious criminal activity while a member or prospective member of a particular organisation, the Minister must take that into account when considering whether to be satisfied as described in subsection (2)(b) in relation to that organisation.
Pt 5C (Heading and ss 124ZZD, 124ZZE) inserted by No. 37/2024 s. 98.
Part 5C—Exclusion of members of certain organisations from Victorian Government worksites
S. 124ZZD inserted by No. 37/2024 s. 98.
124ZZD Members of Part 5C organisations must not enter certain areas at Victorian Government worksites
(1) An individual who is 18 years old or older and who is a member of a Part 5C organisation must not enter an area—
(a) that is, or is located at, a Victorian Government worksite; and
(b) to which public access is restricted; and
(c) where development is taking place.
Penalty: Imprisonment for 3 years or 360 penalty units or both.
The meaning of member is modified for the purposes of this Part—see paragraph (d) of the definition of member.
(3) No permission or requirement arising by or under any other Act permits or requires an entry in contravention of subsection (1).
construct has the same meaning as in the Major Transport Projects Facilitation Act 2009;
development includes—
(a) the construction of a facility or infrastructure; and
(b) the construction or exterior alteration or exterior decoration of a building; and
(c) the demolition or removal of a building or works; and
(d) the construction or carrying out of works; and
(e) the subdivision or consolidation of land, including buildings or airspace; and
(f) the placing or relocation of a building or works on land; and
(g) the construction or putting up for display of signs or hoardings;
land has the same meaning as in the Major Transport Projects Facilitation Act 2009;
works has the same meaning as in the Major Transport Projects Facilitation Act 2009.
S. 124ZZE inserted by No. 37/2024 s. 98.
124ZZE Regulations
(1) The Governor in Council may make regulations for or with respect to—
(a) prescribing an organisation for the purposes of the definition of Part 5C organisation; and
(b) prescribing an area for the purposes of the definition of Victorian Government worksite.
(2) The Minister may recommend the making of regulations for prescribing an organisation for the purposes of the definition of Part 5C organisation only if—
(a) the Minister has consulted with the Chief Commissioner; and
(b) the Minister is satisfied on reasonable grounds that applying the prohibitions under this Part in relation to that organisation—
(i) is likely to substantially assist in disrupting or preventing criminal activity in relation to public construction; and
(ii) is reasonably necessary to prevent or disrupt criminal activity in relation to public construction.
(3) The Minister may recommend the making of regulations for prescribing an area for the purposes of the definition of Victorian Government worksite only if—
(a) the area is, or is located at—
(i) a project area; or
(ii) an area at which the Minister is satisfied on reasonable grounds that public construction is occurring; and
(b) the Minister is satisfied on reasonable grounds that applying the prohibitions under this Part in relation to that area is likely to substantially assist in disrupting or preventing criminal activity in relation to public construction.
project area means—
(a) a project area within the meaning of the Major Transport Projects Facilitation Act 2009; or
(b) a project area within the meaning of the Suburban Rail Loop Act 2021; or
(c) a project area within the meaning of the Development Victoria Act 2003; or
(d) a site of a nominated project within the meaning of the Project Development and Construction Management Act 1994;
public construction means the construction, maintenance, rehabilitation, alteration, extension or demolition of any improvements on land by, or on behalf of a Department or a public body within the meaning of Parts 3 and 4 of the Project Development and Construction Management Act 1994.
Part 6—General
Division 1—Corporate criminal responsibility
125 Definitions
In this Division—
S. 125 def. of associate amended by No. 37/2024 s. 104(8)(a).
associate, in relation to a body corporate, means a person who is—
(a) an employee or agent of the body corporate to the extent that the person is acting within the actual or apparent scope of the person's employment or within the person's actual or apparent authority; or
(b) an officer of the body corporate;
S. 125 def. of officer amended by No. 37/2024 s. 104(8)(b).
officer means—
(a) in the case of body corporate that is—
(i) a company or registered foreign company within the meaning of the Corporations Act; or
(ii) is incorporated under a law of another State or a Territory—
an officer (as defined by section 9 of the Corporations Act) of the body corporate to the extent that the officer is acting within the actual or apparent scope of the officer's employment or within the officer's actual or apparent authority;
(b) in the case of a body corporate that is an incorporated association—an office holder within the meaning of section 82 of the Associations Incorporation Reform Act 2012;
S. 125 def. of specified section substituted by No. 37/2024 s. 94.
specified section means section 77(1), 83(1), 84(1), 85(2), 124ZN, 124ZS or 124ZU(1).