Legislation Watch: Justice Legislation Amendment (Protective Services Officers) Bill 2011

The Justice Legislation Amendment (Protective Services Officers) Bill 2011 has been read a second time in the lower house. The speech is here. The Explanatory Memorandum is here and the Statement of Compatibility is here.The Bill extends to Protective Services Officers a range of powers that were previously only available to sworn police officers. These …

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Legislation Watch: Firearms and Other Amendments Act 2010

Edit: The Act received Assent on 7/9/10. If not proclaimed earlier it will come into effect on 1/7/11.As the law currently stands if it looks like a gun, it is a gun. This will change when the Firearms and Other Amendments Act 2010 comes in. The bill is here. The Explanatory Memorandum can be found …

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Prohibited persons and section 189 applications

To own a gun or be able to use one in the state of Victoria you need a licence (or be the holder of a relevant exemption). Under the Firearms Act 1996 you can't get a licence or legally acquire a firearm if you are a prohibited person. Lots of situations can make a person …

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Legislation Watch: Random stop and search

The Summary Offences and Control of Weapons Acts Amendment Bill 2009 had a trouble-free passage through parliament.On 10 November it had its First Reading in the lower house. Its Second Reading was moved two days later and was completed by the 26 November. It was introduced to the Legislative Council that same day, and was …

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Weapons, lawful purpose and reasonable excuse

Every so often, the Courts produce a judgment that neatly explains or clarifies a legal point.Taikato v The Queen (1996) 186 CLR 454 is one such case. I don't know why we haven't made much use of it previously. (Perhaps it's just me who missed it? In a way, it would be nice if that …

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