Stronger Powers for Victorian Police Force: Crimes Legislation Amendment (Public Order) Bill 2017 (VIC)

On 23 March 2017, the second reading was moved for the Crimes Legislation Amendment (Public Order) Bill 2017 (Vic) ("the Bill") in the Victorian Parliament. The introduction of this Bill is to "assist Victoria Police in preventing and responding to disturbances of public order". 

Amendments

The Bill makes amendments to several Principal Acts, including:

• Control of Weapons Act 1990 (Vic);
• Corrections Act 1986 (Vic);
• Crimes Act 1958 (Vic);
• Serious Sex Offenders (Detention and Supervision) Act 2009 (Vic);
• Summary Offences Act 1966 (Vic); and 
• Victoria Police Act 2013 (Vic);

Amendment of Summary Offences Act 1966 (Vic)

These amendments will allow councils to consult and receive directions from the Victorian Police in issuing permits for public protests. The Victoria Police Act 2013 (Vic) allows the Minister to publish rules to consult with councils.

Amendment of Control of the Weapons Act 1990 (Vic)

As stated in the ABC News, the Bill amends the Control of the Weapons Act 1990 (Vic) allows the police to"direct persons out of a specifc area if they are covering or shielding their faces from crowd controlling substances" such as capsicum spray. This amendment, according to the ABC News, comes as a direct reaction to anti-Islamic and race riots at Codburg, Victoria in 2016.

Amendment of Crimes Act 1958 (Vic)

Three new sections will be introduced in the Crimes Act 1958 (Vic) including ss 195G, 195H and 195I. Section 195G discontinues the common law offence of affray and riot. 

Section 195H however, allows a statutory provision of "affray" where a person's actions or  "threatens unlawful violence" to someone else causing him or her to be terrified. This offence needs the mental element of intent or reckless behaviour
and must involve more than just words. According to the Herald Sun, the offence will now carry a maximum sentence of 5 years of prison time if he or she person is unmasked and a maximum of 7 years if he or she person is masked.
The introduction of this law is due to a gang related violence that occurred in Moomba, Victoria during the month of March 2017 as described by the Herald Sun. 

Although similar to s 195H, s 195I is about violent disorder and also follows directly from the Codburg Riots. Violent disorder is when there are more than 6 persons, gang up to "cause injury to another person or cause damage to property." The offences charged under this section are 10 years for a person unmasked or without a face covering and 15 years for a person masked or with a face covering. 

Consequential Amendments

There will also be an introduction of the definition of "violent offence" which consequently amends the:

• Corrections Act 1986 (Vic);
• Crimes Act 1958 (Vic); and 
• Serious Sex Offenders (Detention and Supervision) Act 2009 (Vic). 

The amendments introduced from the Bill, according to the Explanatory Memorandum, will give Victorian Police stronger power to control affray and violent disorder at public events.

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Crimes Legislation Amendment (Public Order) Bill 2017 (Vic) and Explanatory Memorandum as reported in TimeBase LawOne Service