LAW2 Flashcards

1
Q

What are the types of infringement notice books?

A

Infringement notice general Form 508 for transport A&R , rd safety act (parking) offences and LCRA
Infringement notice crime Form 508G for all crime offences
Infringement warning notice crime Form 1333 for official warnings (crime offences only)

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2
Q

What must all infringement notices issued for offences comply with?

A

IOAAA (Infringement and other Acts Amendments Act)
Infringement Act
VPM- PSO’s on the rail network
VPM- Disposition of offenders

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3
Q

What VP Form can you use to find what infringements for what offences?

How do you know which ones are applicable to PSO’s?

A

VP Form 508A

Codes that are followed by the ‘+’ symbol

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4
Q

Under what circumstances can an infringement notice not be issued?

A

To any person under 14 years of age

Where a brief is to be submitted for offences arising from the same set of circumstances

Where the offender is a Vic Pol employee and the offence involves criminality, unless authorised by the Assistant Commisioner of the PSC

If the offence does not appear in Form 508A (Vic Pol Infringement Notice code book) than an infringement notice must not be issued.

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5
Q

What is the specified date for payment of the infringement notice?

A

Due date is to be 28 days from the date of issue

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6
Q

How many infringements can a PSO give and offender in any one contact?

A

A maximum of 3 seperate offences
If there is a 4th offence, a Brief of evidence must be submitted for all 4 offences

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7
Q

How to cancel an infringment notice?

A

Write cancelled accross all copies and have them signed by a sub officer
Complete Form 508E (cancellation of infringement notice)
Forward original and duplicate copy marked cancelled to fines Vic
Attach a copy of Form 508E to the infringement notice book

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8
Q

How to withdraw an infringement notice?

A

Write cancelled across all copies of infringement notice and have them signed by a sub-officer
Complete Form 508C (infringement withdrawal notice) and serve on the recipient of the original notice
Attach a copy of Form 508C to the infringment notie book.

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9
Q

What is Form 508H?

A
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10
Q

What infringements in the road safety act can a PSO issue?

A

Parking infringement notices are the only notices that may be given.

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11
Q

What is the purpose of the GPA

A

Creating graffiti-related offences
Providing search and seizure powers for MOPF

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12
Q

What is a prescribed graffiti implement?

A

An aerosol paint container
At this stage, the ONLY prescribed graffiti implement is an aerosol paint container

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13
Q

What is the minimum age that a person can be given an infringement Poss/consume liquor?

A

14 years and over

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14
Q

who is the sweetest

A

nimmy

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15
Q

Crime or official warning can only be issued to who? what act is this called

A

18 years or over, Summary Offences Act

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16
Q

What is an Infringement notice (508) called of age over 14 years for the offence Poss/Consume Liquor

A

Liquor Control reform Act

17
Q

What is an Infringement notice (508) called of age over 14 years for the offence Possess PGI

A

Graffiti Prevention act

18
Q

Summary Offences act describe this

A

Infringement notice crime or official warning notice can only be issued to any person aged 18 years or over for the offences:
-behaving or using indecent language
-offensive
-insulting
-threatening

19
Q

Control of weapons act describe

A

Infringement notice crime or official warning notice -crime can be issued to any person over the age of 16 years for offence
-Controlled weapon offences

20
Q

Environment Protection Act describe

A

issued to any person over age 14 years

21
Q

S5 GPA

A

A person must not mark graffiti on property if the graffiti is visible from a public place unless the person has first obtained the express consent of the owner

22
Q

S6 GPA

A

A person must not mark graffiti that is visible from a public place if the graffiti, or any part of the graffiti, would offend a reasonable person.

23
Q

What is S7 GPA, Possess prescribed graffiti implement?

A

A person must not, without lawful excuse, possess a prescribed graffiti implement
On property of a transport company
In an adjacent public place
In a place where the person is trespassing or has entered without invitiation

24
Q

What is S8 GPA Possess graffiti implement with intent to mark Graffiti?

A

A person must not possess a graffiti implement with the intention of using it to contravene section 5 or 6

25
Q

What is S13 GPA Search without warrant?

A