Crimes Legislation Amendment (Public Order) Bill 2017 (VIC)

Friday 5 May 2017 @ 12.13 p.m. | Crime

The Victorian Crimes Legislation Amendment (Public Order) Bill 2017, which amends various criminal legislation, has recently passed the Legislative Assembly and will now be read before the Legislative Council. The Bill will amend the Summary Offences Act 1966, the Control of Weapons Act 1990, and the Crimes Act 1958 to provide Victorian police with appropriate powers to deal with disturbances of public order.

Background to the Legislation

The Victorian Attorney General Martin Pakula highlighted the need for empowering Victorian police by drawing attention to recent disturbances at events such as the rampage at the Summersault Festival, riots at the Moomba festival, as well as other violent clashes between protestors and demonstrators. In particular, Mr Pakula focused on the use of balaclavas by individuals who attend events with the intention of causing trouble. He explained during his second reading speech:

“Face coverings prevent police from identifying troublemakers, and the anonymity they provide can lead the wearer to think that they can act without consequence. The measures contained in this bill will ensure police have the ability to respond to cowards who shield their identity to commit acts of violence. The bill will also impose much higher penalties on persons who do commit offences while wearing face coverings.”

Additional Police Powers within Designated Areas

Under the Control of Weapons Act 1990, the Chief Commissioner of Police has the authority to declare a specific area or event a designated area. Making this declaration provides the Victorian police with additional powers to search people and vehicles within that area for the duration of the designation. The amendments introduced by the Bill will see the police with additional powers to use during designation. These powers include:

  • Requiring a masked individual to remove their facial covering or leave the designated area; and
  • Requiring a person to leave a designated area if the police officer reasonably suspects that a person is intending to commit a violent act or conduct themselves in an antisocial manner.

In both cases, the police officer may arrest the individual for non-compliance with an order to leave the area.

New Offences

The Bill will abolish the current common-law offences of affray, rout and riot. Instead, it will introduce two new offences known as affray and violent disorder. The offence of affray will be a statutory version of the current common-law offence of affray.

The offence of violent disorder will be committed where six or more persons use violence for a common purpose, and that conduct causes injury to a person or damages property. The offence carries a punishment of 10 years imprisonment and 15 years for those who commit the offence while wearing a face covering. 

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Sources:

Crimes Legislation Amendment (Public Order) Bill 2017, Bill, and Explanatory Material as published on LawOne

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