Does 456AA of the Crimes Act 1958 apply State wide across Victoria?


 This page looks at the definition of “Designated Place” found in subsection one of
section 456AA

of the Crimes Act and its application within the State of Victoria.


 

 

CRIMES ACT 1958 – SECT 456AA

Requirement to give name and address

 

    (1)     A police officer or a protective services officer on duty at a designated place may request a person to state his or her name and address
if the police officer or the protective services officer believes on reasonable grounds that the person—

(a)     has committed or is about to commit an offence, whether indictable or summary; or

(b)     may be able to assist in the investigation of an indictable offence which has been committed or is suspected of having been committed.

(2)     A police officer or a protective services officer who makes a request under subsection (1)
must inform the person of the grounds for his or her belief in sufficient detail to allow the person to understand the nature of the offence or suspected offence.

 

“On duty at a designated place”, lets look and go on the legislative journey

to find out where a designated place is, and where it applies to within Victoria?

 

 

(7)     In this section—

“designated place” has the same meaning as in the Victoria Police Act 2013 .


We are guided to look at the meaning within the Police Act 2013.   Lets take a look.

 

VICTORIA POLICE ACT 2013 – SECT 3

Definitions

(1)     In this Act—

 

“designated place “means a place prescribed by the regulations to be a designated place for the purposes of section 52;

 

 

The meaning now guides us to section 52 of the Act.

 

 

VICTORIA POLICE ACT 2013 – SECT 52

Duties and powers of protective services officers

 

(3)     The regulations may prescribe a place to be a designated place for the purposes of this section.

 

Which now guides us to the Victoria Police Regulations 2014.

 


Regulation 27 provides the list of designated places but please take specific note of Reg 27 (k) & (l).

 

VICTORIA POLICE REGULATIONS 2014 – REG 27

Designated place

For the purposes of section 52 of the Act, a place on or within any of the following places is a designated place—

(a)     railway premises;

(b)     rail premises on or adjoining railway premises including any car parking area on the rail premises;

(c)     any roadway or other thoroughfare giving access to rail premises or specified bus premises;

(d)     any area on or adjoining rail premises or specified bus premises used by other modes of transport including taxi ranks;

(e)     any car park controlled by a Council (within the meaning of the Local Government Act 1989 ) that is adjoining rail premises or specified bus premises;

(f)     any privately owned or managed land used for a car park or other public transport purposes adjoining rail premises or specified bus premises.

(g)     land on or in which is situated a tram stopping point within the meaning of section 48H of the Road Management Act 2004 and any associated tram stop infrastructure within the meaning of that section ;

(h)         any rail premises on or adjoining the land referred to in paragraph (g), including any car parking area on the rail premises;

(i)         bus premises;

(j)         a road on which a specified route bus or rail replacement bus provides a bus service at the time the service is in operation;

        (k)     the Melbourne metropolitan area;

        (l)     the municipal district of a Council referred to in Schedule 2.

 

 


So 456AA applies only to places listed from (a) to (k) & the Melbourne Metropolitan Area and the municipal Council districts found in schedule 2.

So lets take a look at the municipal council districts 456AA applies to.


 

VICTORIA POLICE REGULATIONS 2014 – SCHEDULE 2

Schedule 2

Regulation 27(l)

Greater Geelong City Council

Ballarat City Council

Greater Bendigo City Council

La Trobe City Council

Mildura Rural City Council

Greater Shepparton City Council

Wodonga City Council

Warrnambool City Council

Rural City of Wangaratta Council

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So which areas does s456AA fail to apply within?

Could it be possible that if you are in any area listed below in blue you do not have to comply with s456AA?

It appears 38 council areas are exempt.

To find out which council area you live in visit find a council.

 

 

Victoria’s 79 councils:

 

 

 

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