VIC Introduces Major Crime and Community Safety Legislation Amendment Bill 2022

On 2 August 2022, the Major Crime and Community Safety Legislation Amendment Bill 2022 (Vic) (“the Bill”) was introduced into the Victorian Legislative Assembly. The Bill, which was introduced by the Minister for Corrections Sonya Kilkenny (“the Minister”), aims to strengthen Victoria Police powers particularly in relation to cyber-crime and the confiscation of criminal assets.

In a Media Release issued on 2 August 2022, the Minister for Police Anthony Carbines was quoted as commenting that:

The Bill proposes substantive amendments to the Confiscation Act 1997 (Vic) (“the Act”), including amendments to:

• update the current definitions of an ‘account’ and ‘financial institution’ to better capture online facilities that store and trade assets (such as cryptocurrency platforms) and digital wallets or profiles; 
• insert a new definition of ‘digital asset’ which can extend police powers over digital currencies such as cryptocurrencies;
• allow freezing orders to be made over these digital assets and accounts; and
• require financial institutions, under an information notice issued by a police officer, to provide information about digital assets.

The Bill also proposes to introduce a new section 80A to the Act, which would allow police officers, authorised under a warrant, to give directions to specified persons to provide information or assistance that is reasonable and necessary to allow the police officer to access, copy, convert or use data held in or accessible from a computer or data storage device at the warrant premises. If passed, a failure to comply with a direction given under this provision of the Act without reasonable excuse, would be punishable by a maximum of 2 years imprisonment.

The Bill also contains proposed amendments to the Crimes Act 1958 (Vic) (“the Crimes Act”), which would expand on Police search warrant powers. A Magistrate would still be required to issue a warrant under the Crimes Act, but if passed, the Bill's amendments would allow a police officer in execution of a warrant to:

• hold and retain items seized under the warrant without having to first carry those items before a Magistrates’ Court;
• break open or unlock a safe or similar receptacle if reasonably necessary;
• seek assistance from persons with technical or specialised skills (such as a locksmith), in order to execute a search warrant; and
• secure electronic equipment at the warrant premises in order to be operated and analysed by an expert.

In the Second Reading Speech for the Bill given on 4 August 2022, the Minister explained that:

To balance these expanded powers with the need for judicial oversight, the proposed changes would also require Police to lodge a report with the Magistrates’ Court following execution of a warrant and duly notify the occupier of the warrant premises when that report is lodged.

Other notable reforms proposed by the Bill include:

• allowing Victoria Police to destroy fingerprints within one month of the expiry of the six-month timeframe that those fingerprints were taken if a person is not charged (previously, fingerprints were required to be destroyed ‘immediately’ on expiry of the timeframe);
• adding further offences that trigger automatic forfeiture of assets upon conviction; and
• raising the monetary threshold for restraining orders for compensation or restitution purposes from $10,000 to $20,000, in line with inflation.  

The Bill is yet to pass the Legislative Assembly.

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Draft Major Crime And Community Safety Legislation Amendment Bill 2022 (VIC), media release and additional explanatory material available from TimeBase’s LawOne Service