2 Commencement s. 2 (1) This Part and sections 5, 6 and 10 come into operation on the day after the day on which this Act receives the Royal Assent. (2) Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed. (3) If a provision referred to in subsection (2) does not come into operation before 1 July 2015, it comes into operation on that day. __________________ 1958 See: Act No. 6231. Reprint No. 24 as at 1 July 2013 and amending Act Nos 16/2004, 27/2011, 60/2013, 70/2013, 72/2013, 77/2013, 7/2014, 8/2014, 17/2014, 25/2014, 26/2014, 36/2014 and 37/2014. LawToday: www. legislation. vic.gov.au 3 New section 34C inserted s. 3 In Subdivision (8) of Division 1 of Part 1 of the Crimes Act 1958, before section 35 insert— "34C Consent (1) For the purposes of Subdivisions (8A) to (8D), consent means free agreement. (2) Circumstances in which a person does not consent to an act include, but are not limited to, the following— (a) the person submits to the act because of force or the fear of force, whether to that person or someone else; (b) the person submits to the act because of the fear of harm of any type, whether to that person or someone else or an animal; (c) the person submits to the act because the person is unlawfully detained;
(6) Despite subsection (5), the amendments made to this Act by section 8 of the Crimes Amendment (Sexual Offences and Other Matters) Act 2014 do not apply to a proceeding in which the hearing or trial (as the case requires) has commenced before the commencement of that section. Note See section 210 of the Criminal Procedure Act 2009 regarding when a trial commences.". __________________ 2009 See: Act No. 7/2009. Reprint No. 3 as at 1 March 2013 and amending Act Nos 12/2013, 22/2013, 32/2013, 56/2013, 67/2013, 77/2013, 17/2014, 26/2014, 37/2014 and 47/2014. LawToday: www. legislation. vic.gov.au 10 New section 7A inserted in Criminal Procedure Act 2009 s. 10 After section 7 of the Criminal Procedure Act 2009 insert— "7A Time limits on prosecuting certain former sexual offences removed (1) Any immunity from prosecution arising because of the time limit imposed by the following repealed provisions on commencing a proceeding for an offence is abolished— (a) section 47 of the Crimes Act 1928; (b) section 51 of the Crimes Act 1957; (c) section 51 of the Crimes Act 1958 (repealed by section 5 of the Crimes (Sexual Offences) Act 1980); (d) section 48(6) of the Crimes Act 1958 (inserted by section 5 of the Crimes
(7) To avoid doubt, on a course of conduct charge the accused may rely on any exception, exemption, proviso, excuse or qualification that applies to the offence covered by the charge. s. 13 (8) The prosecution must prove beyond reasonable doubt that the incidents of an offence committed by the accused, taken together, amount to a course of conduct having regard to their time, place or purpose of commission and any other relevant matter. (9) However, to prove a course of conduct offence it is not necessary to prove an incident of the offence with the same degree of specificity as to date, time, place, circumstances or occasion as would be required if the accused were charged with an offence constituted only by that incident. (10) Without limiting subclause (9), it is not necessary to prove— (a) any particular number of incidents of the offence or the dates, times, places, circumstances or occasions of the incidents; or (b) that there were distinctive features differentiating any of the incidents; or (c) the general circumstances of any particular incident. (11) Without limiting clause 1(b), the particulars necessary to give reasonable information as to the nature of a course of conduct charge— s. 13 (a) must be determined having regard to— (i) the fact that the charge is a course of conduct charge; and
(Sexual Offences and Other Matters) Act 2014. An offence against section 40 of the Crimes Act 1958 inserted in the Crimes Act 1958 on 15 August 1993 by section 20 of the Sentencing (Amendment) Act 1993 and repealed by section 4 of the Crimes Amendment (Sexual Offences and Other Matters) Act 2014.". Division 4—Serious Sex Offenders (Detention and Supervision) Act 2009 32 Schedule 1 s. 32 See: Act No. 91/2009. Reprint No. 1 as at 27 June 2012 and amending Act Nos 65/2012, 32/2013, 70/2013, 76/2013, 12/2014, 25/2014, 26/2014, 36/2014 and 37/2014. LawToday: www. legislation. vic.gov.au (1) In Schedule 1 to the Serious Sex Offenders (Detention and Supervision) Act 2009, for items 1 and 2 substitute— "1 An offence against a provision of Subdivision (8A) of Division 1 of Part I of the Crimes Act 1958 that involves sexual penetration. 2 An offence against a provision of Subdivisions (8B) to (8EA) of Division 1 of Part I of the Crimes Act 1958 that involves sexual penetration.". (2) In Schedule 1 to the Serious Sex Offenders (Detention and Supervision) Act 2009— (a) in item 5, for "39 of the Crimes Act 1958 (indecent assault)" substitute "40(1) (sexual assault), or 41(1) (sexual assault by compelling sexual touching), of the Crimes Act 1958";
34 Definitions s. 34 See: Act No. 102/1994. Reprint No. 8 as at 21 August 2013 and amending Act Nos 77/2013 and 37/2014. LawToday: www. legislation. vic.gov.au In section 3(1) of the Sex Work Act 1994, for the definition of sexual penetration substitute— "sexual penetration has the meaning given by section 35 of the Crimes Act 1958;". Division 7—Victoria Police Act 2013 35 Schedule 4 s. 35 See: Act No. 81/2013 and amending Act Nos 17/2014 and 37/2014. LawToday: www. legislation. vic.gov.au For item 2.2 of Schedule 4 to the Victoria Police Act 2013 substitute— "2.2 Sexual offences An offence under section 39(1), 40(1), 41(1), 43(1), 44(3) or (4), 45(1), 47(1), 48(1), 49(1), 51, 52, 53, 54, 55, 56, 57, 58, 59(1), 60A(1), 68, 69 or 70(1) of the Crimes Act 1958. An offence under section 39(1) of the Crimes Act 1958 inserted in the Crimes Act 1958 on 1 January 1992 by section 3 of the Crimes (Rape) Act 1991 and repealed by section 4 of the Crimes Amendment (Sexual Offences and Other Matters) Act 2014. An offence under section 40(1) of the Crimes Act 1958 inserted in the Crimes Act 1958 on 15 August 1993 by section 20 of the