S. 3(1) def. of approved mental health service inserted by No. 98/1995 s. 64(1)(a), repealed by No. 26/2014 s. 429(1)(a)). * * * * * S. 3(1) def. of authorised person inserted by No. 30/2010 s. 3(a), substituted by No. 65/2011 s. 3(3). authorised person means a person appointed by the Secretary under section 115E; S. 3(1) def. of authorised psychiatrist substituted by No. 26/2014 s. 429(1)(b)). authorised psychiatrist has the same meaning as in the Mental Health Act 2014; S. 3(1) def. of baseline offence inserted by No. 52/2014 s. 3. baseline offence means an offence for which an Act specifies a baseline sentence; Note See section 5A. S. 3(1) def. of baseline sentence inserted by No. 52/2014 s. 3. baseline sentence, in relation to an offence, means the period specified by an Act as the baseline sentence for the offence; Note See section 5A. S. 3(1) def. of bond condition inserted by No. 65/2011 s. 55. bond condition means a condition that may be attached to a community correction order under section 48JA(1);
S. 3(1) def. of Secretary inserted by No. 46/1998 s. 7(Sch. 1), substituted by No. 65/2011 s. 3(10). Secretary means the Secretary to the Department of Justice; S. 3(1) def. of Secretary to the Department of Health inserted by No. 29/2010 s. 71(1). Secretary to the Department of Health means the Department Head (within the meaning of the Public Administration Act 2004) of the Department of Health; S. 3(1) def. of secure custody facility inserted by No. 2/2002 s. 4(1), amended by No. 48/2006 s. 42(Sch. item 32.1(b)). secure custody facility means— (a) a prison as defined in section 3 of the Corrections Act 1986; or (b) a youth justice centre; or (c) any other place the Minister specifies under subsection (2); S. 3(1) def. of Secure Treatment Order inserted by No. 26/2014 s. 429(2). Secure Treatment Order means an Order within the meaning of section 275 of the Mental Health Act 2014; S. 3(1) def. of security patient amended by No. 26/2014 s. 429(1)(i). security patient has the same meaning as in the Mental Health Act 2014; S. 3(1) def. of security resident substituted by No. 23/2006 s. 226(c). security resident has the same meaning as it has in section 3(1) of the Disability Act 2006;
S. 5(2AC) inserted by No. 69/1997 s. 4. (2AC) Nothing in subsection (2AB) requires a court to state the sentence that it would have imposed but for the undertaking that was given. (2) In sentencing an offender a court must have regard to— (a) the maximum penalty prescribed for the offence; and S. 5(2)(ab) inserted by No. 52/2014 s. 4. (ab) the baseline sentence for the offence; and (b) current sentencing practices; and (c) the nature and gravity of the offence; and (d) the offender's culpability and degree of responsibility for the offence; and S. 5(2)(daaa) inserted by No. 77/2009 s. 3. (daaa) whether the offence was motivated (wholly or partly) by hatred for or prejudice against a group of people with common characteristics with which the victim was associated or with which the offender believed the victim was associated; and S. 5(2)(daa) inserted by No. 15/2005 s. 3. (daa) the impact of the offence on any victim of the offence; and S. 5(2)(da) inserted by No. 24/1994 s. 5. (da) the personal circumstances of any victim of the offence; and S. 5(2)(db) inserted by No. 24/1994 s. 5. (db) any injury, loss or damage resulting directly from the offence; and (e) whether the offender pleaded guilty to the offence and, if so, the stage in the proceedings at which the offender did so or indicated an intention to do so; and
(b) a serious violent offender for a serious violent offence; (c) a serious drug offender for a drug offence; (d) a serious arson offender for an arson offence. S. 6B inserted by No. 48/1997 s. 6. 6B Definitions for purposes of this Part (1) In this Part— arson offence means an offence to which clause 5 of Schedule 1 applies; drug offence means an offence to which clause 4 of Schedule 1 applies; serious violent offence means an offence to which clause 3 of Schedule 1 applies; sexual offence means an offence to which clause 1 of Schedule 1 applies; violent offence means an offence to which clause 2 of Schedule 1 applies. (2) In this Part— S. 6B(2) def. of serious arson offender amended by No. 48/2006 s. 42(Sch. item 32.2(a)). serious arson offender means an offender (other than a young offender) who has been convicted of an arson offence for which he or she has been sentenced to a term of imprisonment or detention in a youth justice centre; S. 6B(2) def. of serious drug offender amended by No. 48/2006 s. 42(Sch. item 32.2(b)). serious drug offender means an offender (other than a young offender) who has been convicted of a drug offence for which he or she has been sentenced to a term of imprisonment or detention in a youth justice centre;
(a) record a conviction and order that the offender serve a term of imprisonment; or S. 7(1)(ab) inserted by No. 48/1997 s. 8(2)(a), repealed by No. 65/2011 s. 5(1). * * * * * S. 7(1)(aab) inserted by No. 69/1997 s. 5, amended by Nos 69/2005 s. 3(1)(b), 26/2014 s. 430. (aab) subject to Part 5, record a conviction and order that the offender be detained and treated in a designated mental health service as a security patient (Court Secure Treatment Order); or S. 7(1)(ac) inserted by No. 2/2002 s. 4(6). (ac) record a conviction and make a drug treatment order in respect of the offender; or S. 7(1)(b) repealed by No. 65/2011 s. 5(2). * * * * * S. 7(1)(ba) inserted by No. 30/2010 s. 4, repealed by No. 48/2011 s. 13. * * * * * S. 7(1)(c) amended by No. 32/2013 s. 3, repealed by No. 32/2013 s. 9. * * * * * S. 7(1)(d) amended by Nos 48/1997 s. 8(2)(b)(i)(ii), 48/2006 s. 42(Sch. item 32.3). (d) in the case of a young offender, record a conviction and order that the young offender be detained in a youth justice centre; or
(m) any courses, programs, treatment, therapy or other assistance that could be available to the offender and from which he or she may benefit; (n) the relevance and appropriateness of any proposed condition; (o) the capacity of the offender to perform unpaid community work for any proposed unpaid community work condition; (p) the recommended duration of any intensive compliance period fixed under a community correction order; S. 8B(1)(pa) inserted by No. 32/2013 s. 24. (pa) if a monitored condition is proposed in relation to a community correction order— (i) the suitability of the offender to be electronically monitored; (ii) the availability of appropriate resources or facilities, including but not limited to devices or equipment, for the offender to be electronically monitored; (iii) the appropriateness of the offender being electronically monitored in all the circumstances; (q) the appropriateness of confirming an existing order that applies to the offender; (r) any other information that the author believes is relevant and appropriate. (2) The author of a pre-sentence report must include in the report any other matter relevant to the sentencing of the offender which the court has directed to be set out in the report. S. 8C inserted by No. 65/2011 s. 7. 8C Distribution of pre-sentence report (1) A pre-sentence report must be filed with the court no later than the time directed by the court.
(c) thirdly, unless and until released on parole, the balance of the term or terms after the end of the non-parole period. (2) If during the service of a sentence a further sentence is imposed, service of the first-mentioned sentence must, if necessary, be suspended in order that the sentences may be served in the order referred to in subsection (1). 16 Sentences—whether concurrent or cumulative S. 16(1) substituted by No. 41/1993 s. 8(a), amended by Nos 48/1997 s. 17(1), 48/2006 s. 42(Sch. item 32.3). (1) Subject to subsection (1A), every term of imprisonment imposed on a person by a court must, unless otherwise directed by the court, be served concurrently with any uncompleted sentence or sentences of imprisonment or detention in a youth justice centre or youth residential centre imposed on that person, whether before or at the same time as that term. S. 16(1A) inserted by No. 41/1993 s. 8(a). (1A) Subsection (1) does not apply to a term of imprisonment imposed— (a) in default of payment of a fine or sum of money; or (b) on a prisoner in respect of a prison offence or an escape offence; or S. 16(1A)(c) substituted by No. 48/1997 s. 7(4). (c) on a serious offender within the meaning of Part 2A for a relevant offence within the meaning of that Part; or S. 16(1A)(d) substituted by No. 48/1997 s. 10(1). (d) on any person for an offence committed while released under a parole order; or S. 16(1A)(e) inserted by No. 48/1997 s. 10(1). (e) on any person for an offence committed while released on bail in relation to another offence. (2) Every term of imprisonment imposed on a person by a court in default of payment of a fine or sum
(b) the court has received a pre-sentence report (if required) and has had regard to any recommendations, information or matters identified in the report; and (c) the offender consents to the order. S. 38 amended by No. 48/1997 s. 28(2), substituted by No. 65/2011 s. 21. 38 Period and commencement of a community correction order (1) The period of a community correction order is the period determined by the court which must not exceed— S. 38(1)(a) substituted by No. 79/2014 s. 55. (a) in the case of an order made by the Magistrates' Court— (i) in respect of one offence, 2 years; or (ii) in respect of 2 offences, 4 years; or (iii) in respect of 3 or more offences, 5 years; or (b) in the case of an order made by the County Court or the Supreme Court whichever is greater of— (i) the maximum term of imprisonment for the offence; or (ii) 2 years. S. 38(2) substituted by No. 45/2012 s. 7. (2) Unless section 44(3) applies, a community correction order must commence on a date specified by the court that is not later than 3 months after the making of the order.
(7) When attaching an alcohol exclusion condition the court may specify that the condition applies for the period of the order or for any lesser period specified in the order. (8) In this section— bar area means an area within a licensed premises that is set aside for the service of liquor for consumption on that premises; licensed premises has the same meaning as in the Liquor Control Reform Act 1998; liquor has the same meaning as in the Liquor Control Reform Act 1998; major event has the same meaning as in the Liquor Control Reform Act 1998. S. 48JA inserted by No. 65/2011 s. 58 (as amended by No. 26/2012 s. 71). 48JA Bond condition (1) A court which is making a community correction order may attach a condition requiring an offender to pay an amount of money as a bond, the whole or part of which is subject to forfeiture if the offender fails to comply with the order. (2) The court may attach a bond condition for the purpose of ensuring the compliance of the offender with the order. (3) When attaching a bond condition the court must— (a) have regard to adequacy of the financial circumstances of the offender as contained in the pre-sentence report to support the payment of the bond; and (b) fix a time period for the payment of the bond by the offender. (4) Any money paid by an offender under subsection (1)—
the revocation of an enforcement order within the meaning of the Infringements Act 2006. Division 5—Fine default by natural person—orders of court S. 69D inserted by No. 32/2013 s. 47 (as amended by No. 77/2013 ss 45, 48). 69D Court may make fine default unpaid community work order on application (1) This section applies if— (a) a natural person defaults in the payment of a fine or of any instalment under an instalment order; and (b) the amount of the fine or instalment remaining unpaid is not more than an amount equivalent to the value of 100 penalty units. (2) The sentencing court may make an order requiring the person to perform unpaid community work, as directed by the Secretary, for the community corrections centre specified in the order, for a number of hours fixed in accordance with section 69O. (3) An order under subsection (2) may be made on the application of the person in default. (4) For the purposes of this section, a person defaults in the payment of a fine or instalment if the payment is not made by the end of 28 days after the due date for payment. S. 69E inserted by No. 32/2013 s. 47 (as amended by No. 77/2013 ss 45, 48). 69E Orders of court in relation to fine default on arrest (1) Subject to section 69F, the court which sentenced a natural person may make an order under section 69G or 69H, as applicable, in relation to the person if— (a) the person is arrested on a warrant under Division 4 and brought before the court; and
S. 69ZB inserted by No. 32/2013 s. 47 (as amended by No. 77/2013 ss 45, 48). 69ZB Application of fines etc. The whole or any part of a fine, penalty or sum of money which by or under any Act is authorised or directed to be imposed on a person forms part of, and must be paid into, the Consolidated Fund if no other way of appropriating or applying it is prescribed by law. S. 69ZC inserted by No. 32/2013 s. 47 (as amended by No. 77/2013 ss 45, 48). 69ZC Penalty payable to body corporate A forfeiture or penalty payable to a party aggrieved under an Act relating to an offence (whether indictable or summary) is payable to a body corporate if it is the party aggrieved. S. 69ZD inserted by No. 32/2013 s. 47 (as amended by No. 77/2013 ss 45, 48). 69ZD Recovery of penalties If an Act or a subordinate instrument— (a) provides for a penalty to be recovered from any (i) summarily; or (ii) on summary conviction; or (iii) before the Magistrates' Court; or (b) uses any other words that imply that a penalty is to be recovered before the Magistrates' Court; or (c) does not provide a form or mode of procedure for the recovery of a penalty— then, unless the contrary intention appears, the penalty must be recovered only before the Magistrates' Court. S. 69ZE inserted by No. 32/2013 s. 47 (as amended by No. 77/2013 ss 45, 48). 69ZE Order made by Court of Appeal For the purposes of any proceeding under this Part or Division 2 of Part 3C— (a) a fine or a time to pay order or an instalment order or a fines work order made by the
(b) to take account of the trivial, technical or minor nature of the offence committed; S. 70(1)(ba) inserted by No. 31/2013 s. 9(1). (ba) to allow for the offender to demonstrate his or her remorse in a manner agreed to by the court; (c) to allow for circumstances in which it is inappropriate to record a conviction; (d) to allow for circumstances in which it is inappropriate to inflict any punishment other than a nominal punishment; (e) to allow for the existence of other extenuating or exceptional circumstances that justify the court showing mercy to an offender. S. 70(2) inserted by No. 48/1997 s. 20(2). (2) For the purpose of any proceedings under Subdivision (4), an order made under this Division on appeal by the Court of Appeal must be taken to have been made by the court from whose decision the appeal was brought. 71 Abolition of common law bonds A court does not have jurisdiction to release a convicted offender on a recognisance or bond to be of good behaviour and to appear for sentence when called on. Subdivision (2)—Release on conviction 72 Release on adjournment following conviction S. 72(1) amended by No. 48/1997 s. 28(3). (1) A court, on convicting a person of an offence, may adjourn the proceeding for a period of up to 5 years and release the offender on the offender giving an undertaking with conditions attached. (2) An undertaking under subsection (1) must have as conditions—
subsection (4), direct that the period that applies to the requirement under section 48LA(5) or (6) is increased by the same period specified in the direction given under subsection (1). S. 83AV(4) inserted by No. 32/2013 s. 26. (4) The Secretary must not give a direction under subsection (3) unless the Secretary is satisfied that— (a) the electronic monitoring requirement that the offender is subject to under section 48LA has not expired; and (b) appropriate resources or facilities are available to enable the offender to be electronically monitored for the increased period; and (c) the offender is a suitable person to be electronically monitored for the increased period; and (d) the increased period that the offender is to be electronically monitored in respect of a curfew condition does not exceed the requirements of section 48I(3) for that condition. S. 83AW inserted by No. 65/2011 s. 60. 83AW Reasonable excuse for a failure to comply For the purposes of section 83AU or 83AV it is a reasonable excuse for an offender to fail to comply with a community correction order if— (a) there exists an application to vary the order under section 48N relating to or resulting from the failure to comply; or (b) the court varied the order under section 48M in relation to or as a result of the failure to comply. S. 83AX inserted by No. 65/2011 s. 60. 83AX Notice of direction to be given in writing
S. 83D(1) def. of domestic partner substituted by No. 12/2008 s. 73(1)(Sch. 1 item 56.1). domestic partner of an offender means— (a) a person who is in a registered relationship with the offender; or (b) a person to whom the offender is not married but with whom, in the opinion of the court, the offender is living as a couple on a genuine domestic basis (irrespective of gender); S. 83D(1) def. of excluded public body amended by No. 24/2006 s. 6.1.2(Sch. 7 item 35(a)). excluded public body means— (a) a Council within the meaning of section 3(1) of the Local Government Act 1989; (b) a university within the meaning of the Education and Training Reform Act 2006 that is a body politic and is governed by a council, some of the members of which are appointed by the Governor in Council or a Minister; member contributions by way of salary sacrifice does not include employer contributions for which the employer is or has been liable under the Superannuation Guarantee (Administration) Act 1992 of the Commonwealth, under an industrial award or agreement or under the provisions of the governing instrument of the relevant superannuation scheme and which are included in the total remuneration package of a public sector employee; member financed component means the amount of the superannuation benefit or superannuation benefits financed by member contributions (including member contributions by way of salary sacrifice, child contributions, spouse contributions or Government cocontributions) as at the
S. 83D(1) def. of public sector employee amended by Nos 108/2004 s. 117(1) (Sch. 3 item 181.2), 20/2005 s. 52(3), 24/2006 s. 6.1.2(Sch. 7 item 35(c)), 37/2014 s. 10(Sch. item 151.4). public sector employee means a person who is, or was, at the time that he or she committed the relevant offence— (a) employed under Part 3 of the Public Administration Act 2004 or a person to whom a provision of that Act applied in accordance with Part 7 of that Act; (b) a Ministerial officer within the meaning of section 98 of the Public Administration Act 2004; (c) a Parliamentary adviser within the meaning of section 99 of the Public Administration Act 2004; (d) a judicial employee within the meaning of section 101 of the Public Administration Act 2004; (e) a Parliamentary officer within the meaning of the Parliamentary Administration Act 2005; (f) an electorate officer employed under Part 4 of the Parliamentary Administration Act 2005; (g) a member of the teaching service within the meaning of the Education and Training Reform Act 2006; (h) employed under the Education and Training Reform Act 2006; (i) a police officer or a police recruit within the meaning of the Victoria Police Act 2013; (j) a police reservist within the meaning of the Victoria Police Act 2013;
(g) any other person who, or body that, employs or engages an emergency service worker; S. 87C def. of emergency service worker amended by Nos 51/2005 s. 58(8), 37/2014 s. 10(Sch. item 151.5(b)). emergency service worker means— (a) a police officer; or (b) a police reservist within the meaning of the Victoria Police Act 2013; or (c) a protective services officer appointed under section 38 of the Victoria Police Act 2013; or (d) a person employed by the Metropolitan Fire and Emergency Services Board established under the Metropolitan Fire Brigades Act 1958 or a member of a fire or emergency service unit established under that Act; or (e) an officer or employee of the Country Fire Authority under the Country Fire Authority Act 1958; or (f) an officer or member of a brigade under the Country Fire Authority Act 1958, whether a part-time officer or member, a permanent officer or member or a volunteer officer or member within the meaning of that Act; or (g) a casual fire-fighter within the meaning of Part V of the Country Fire Authority Act 1958; or (h) a volunteer auxiliary worker appointed under section 17A of the Country Fire Authority Act 1958; or (i) a person employed in the Department of Natural Resources and Environment with emergency response duties; or
S. 89DF inserted by No. 15/2014 s. 7. 89DF Offences for contravening alcohol exclusion order (1) A person in respect of whom an alcohol exclusion order is in effect must not, in contravention of the order, enter, remain or attempt to enter or remain in any place that the person knows or is reckless as to whether the place is— (a) a licensed premises characterised as a nightclub, bar, restaurant, cafe, reception centre or function centre; or (b) the location of a major event; or (c) a bar area of any licensed premises to which paragraph (a) or (b) does not apply— knowing that the order is in effect, or being reckless as to whether the order is in effect. Penalty: Level 7 imprisonment. (2) A person in respect of whom an alcohol exclusion order is in effect must not, in contravention of the order, consume or attempt to consume liquor in any place that the person knows or is reckless as to whether the place is a licensed premises, knowing that the order is in effect, or being reckless as to whether the order is in effect. Penalty: Level 7 imprisonment. (3) It is not a contravention of subsection (1) if the conduct contravening the order was caused by circumstances beyond the control of the accused and the accused had taken reasonable precautions to avoid committing an offence against subsection (1). (4) In proceedings for an offence against subsection (1) or (2), proof of the person the subject of the alcohol exclusion order being present in court when the order is made, or proof of service of the alcohol exclusion order on the person is admissible in evidence for the purpose
conviction, or of a charge related to a conviction, that the person knows, or ought reasonably to have known, is an expunged conviction. Penalty: Level 8 fine (120 penalty units maximum). (7) Subsection (6) does not apply if— (a) the person who has the expunged conviction gives written consent to the disclosure or communication; or (b) the disclosure or communication is otherwise authorised by law. (8) Subsection (6) does not prevent the Chief Commissioner of Police disclosing to Crim Trac, for incorporation into the police information sharing system known as the National Police Reference System, the fact that a specified conviction has become an expunged conviction. S. 105L inserted by No. 81/2014 s. 3. 105L Jurisdiction of VCAT (1) An eligible person may apply to VCAT for review of the decision of the Secretary on the determination of an application. (2) For the purposes of this section an eligible person is— (a) for a decision to refuse an application, the applicant; and (b) for a decision to approve an application, a data controller who has any official records relating to the conviction under their management or control. (3) An application for review under subsection (1) must be made within 28 days after the day on
1997 effecting a change from summary to indictable in the nature of an offence against that section applies only to offences alleged to have been committed after the commencement of that Schedule. S. 118(3B) inserted by No. 69/1997 s. 19. (3B) The amendment of section 70D(1) of the Crimes Act 1958 made by item 51 of Schedule 1 to the Sentencing and Other Acts (Amendment) Act 1997 effecting a change from indictable to indictable triable summarily in the nature of an offence against that section applies to a proceeding for an offence that is commenced after the commencement of that Schedule, irrespective of when the offence to which the proceeding relates is alleged to have been committed. S. 118(3C) inserted by No. 69/1997 s. 19. (3C) The amendments of sections 91 and 343 of the Crimes Act 1958 made by items 67(a) and 99 of Schedule 1 to the Sentencing and Other Acts (Amendment) Act 1997 effecting a change from indictable to summary in the nature of an offence against those sections apply to a proceeding for an offence that is commenced after the commencement of that Schedule, irrespective of when the offence to which the proceeding relates is alleged to have been committed. S. 118(3D) inserted by No. 69/1997 s. 19. (3D) For the purposes of subsection (3A), if an offence is alleged to have been committed between two dates and Schedule 1 to the Sentencing and Other Acts (Amendment) Act 1997 commences on a date between those two dates, the offence is alleged to have been committed before the commencement of that Schedule. (4) A person in respect of whom a suspended sentence imposed under section 28 is in force immediately before the commencement of section 14(5) continues to be subject to the requirements of that sentence in all respects as if
commences after those sections come into operation. S. 143 inserted by No. 77/2010 s. 27 (as amended by No. 9/2011 s. 5). 143 Transitional provision—Sentencing Amendment Act 2010 (1) In this section— 2010 Act means the Sentencing Amendment Act 2010; S. 143(1) def. of old combined custody and treatment order repealed by No. 65/2011 s. 53(1)(a). * * * * * S. 143(1) def. of old intensive correction order repealed by No. 65/2011 s. 53(1)(b). * * * * * S. 143(1) def. of old serious suspended sentence order amended by No. 43/2012 s. 3(Sch. item 46.2). old serious suspended sentence order means an order made under Subdivision 3 of Division 2 of Part 3 as in force before the commencement of section 12 of the 2010 Act as to the suspending of a sentence of imprisonment on an offender for a serious offence, being such an order in force immediately before that commencement; old significant suspended sentence order means an order made under Subdivision 3 of Division 2 of Part 3 as in force before the commencement of section 12 of the 2010 Act as to the suspending of a sentence of imprisonment on an offender for a significant offence, being such an order in
force immediately before that commencement. Heading preceding s. 143(2) repealed by No. 65/2011 s. 53(2). * * * * * S. 143(2) repealed by No. 65/2011 s. 53(3). * * * * * Heading preceding s. 143(3) repealed by No. 65/2011 s. 53(4). * * * * * S. 143(3) repealed by No. 65/2011 s. 53(5). * * * * * Heading preceding s. 143(4) repealed by No. 65/2011 s. 53(6). * * * * * S. 143(4) repealed by No. 65/2011 s. 53(7). * * * * * Suspended sentences (5) Despite the commencement of section 12 of the 2010 Act, an old serious suspended sentence order is taken to continue in force on and from that commencement as if this Act, as in force before that commencement, continued to apply to it.
Sch. 1 cl. 1(a)(xvi) amended by No. 2/2006 s. 43(2)(e) (as amended by No. 76/2006 s 14(2)(a)). (xvi) section 58 (procuring sexual penetration of a child); Sch. 1 cl. 1(a)(xvia) inserted by No. 20/2004 s. 9. (xvia) section 60AB(2), (3) or (4) (sexual servitude); Sch. 1 cl. 1(a)(xvib) inserted by No. 20/2004 s. 9. (xvib) section 60AC (aggravated sexual servitude); Sch. 1 cl. 1(a)(xvic) inserted by No. 20/2004 s. 9. (xvic) section 60AD (deceptive recruiting for commercial sexual services); Sch. 1 cl. 1(a)(xvid) inserted by No. 20/2004 s. 9. (xvid) section 60AE (aggravated deceptive recruiting for commercial sexual services); Sch. 1 cl. 1(a)(xvie) inserted by No. 57/2005 s. 50(2)(d). (xvie) section 59(1) (bestiality); Sch. 1 cl. 1(a)(xvif) inserted by No. 57/2005 s. 50(2)(d). (xvif) section 60 (soliciting acts of sexual penetration or indecent acts); Sch. 1 cl. 1(a)(xvig) inserted by No. 57/2005 s. 50(2)(d). (xvig) section 68(1) (production of child pornography); Sch. 1 cl. 1(a)(xvih) inserted by No. 57/2005 s. 50(2)(d). (xvih) section 69 (procurement of minor for child pornography);
inserted in the Crimes Act 1958 on 5 August 1991 by section 3 of the Crimes (Sexual Offences) Act 1991 and repealed by section 5 of the Crimes (Amendment) Act 2000; Sch. 1 cl. 1(b) amended by No. 69/1997 s. 21. (b) an offence against, or for which the penalty or the maximum or minimum penalty is fixed by, any of the following provisions (as amended) inserted in the Crimes Act 1958 on 5 August 1991 by section 3 of the Crimes (Sexual Offences) Act 1991 and repealed on 1 January 1992 by section 3 of the Crimes (Rape) Act 1991: (i) section 40 (rape); (ii) section 41 (rape with aggravating circumstances); (iii) section 43 (indecent assault with aggravating circumstances); Sch. 1 cl. 1(c) amended by No. 69/1997 s. 21. (c) an offence against, or for which the penalty or the maximum or minimum penalty is fixed by, any of the following provisions (as amended) inserted in the Crimes Act 1958 on 1 March 1981 by section 5 of the Crimes (Sexual Offences) Act 1980 and repealed on 5 August 1991 by section 3 of the Crimes (Sexual Offences) Act 1991: (i) section 44(1) (indecent assault); (ii) section 44(2) (indecent assault with aggravating circumstances); (iii) section 45(1) (rape); (iv) section 45(2) (attempted rape); (v) section 45(2) (assault with intent to commit rape);
(xx) section 68(3A) or (3B) (indecent assault on male person); (xxi) section 69(1) (act of gross indecency with girl under the age of 16); Sch. 1 cl. 1(da) inserted by No. 57/2005 s. 50(2)(e). (da) an offence against section 57A of the Classification (Publications, Films and Computer Games) (Enforcement) Act 1995 (publication or transmission of child pornography); Sch. 1 cl. 1(db) inserted by No. 57/2005 s. 50(2)(e), amended by No. 63/2010 s. 81(Sch. item 10(a)). (db) an offence against any of the following sections of the Sex Work Act 1994: Sch. 1 cl. 1(db)(i) amended by No. 63/2010 s. 81(Sch. item 10(b)). (i) section 5(1) (causing or inducing a child to take part in sex work); (ii) section 6(1) (obtaining payment for sexual services provided by a child); (iii) section 7(1) (agreement for provision of sexual services by a child); Sch. 1 cl. 1(db)(iv) amended by No. 63/2010 s. 81(Sch. item 10(b)). (iv) section 11(1) (allowing child to take part in sex work); Sch. 1 cl. 1(dc) inserted by No. 57/2005 s. 50(2)(e). (dc) an offence against any of the following sections of the Crimes Act 1914 of the Commonwealth: (i) section 50BA(1) (sexual intercourse with child under 16);
Sch. 1 cl. 2(f) amended by No. 57/2005 s. 50(3)(a). (f) an offence of conspiracy to commit, incitement to commit or attempting to commit an offence referred to in paragraphs (a) to (e); Sch. 1 cl. 2(g) amended by No. 57/2005 s. 50(3)(b). (g) any other offence, whether committed in Victoria or elsewhere, the necessary elements of which consist of elements that constitute any of the offences referred to in paragraphs (a) to (f). 3 Serious violent offences This clause applies to the following offences— (a) murder; Sch. 1 cl. 3(b) amended by No. 69/1997 s. 21. (b) an offence against, or for which the penalty or the maximum or minimum penalty is fixed by, any of the following sections of the Crimes Act 1958: Sch. 1 cl. 3(b)(iaa) inserted by No. 6/2013 s. 10(2). (iaa) section 15A (causing serious injury intentionally in circumstances of gross violence); Sch. 1 cl. 3(b)(iab) inserted by No. 6/2013 s. 10(2). (iab) section 15B (causing serious injury recklessly in circumstances of gross violence); (i) section 16 (causing serious injury intentionally); Sch. 1 cl. 3(b)(ii) repealed by No. 17/2015 s. 4(3). * * * * * (iii) section 20 (threats to kill); Sch. 1 cl. 3(c) amended by No. 69/1997 s. 21. (c) an offence against, or for which the penalty or the maximum or minimum penalty is
Assent Date: 7.12.05 Commencement Date: S. 182(Sch. 4 item 45) on 1.7.07: s. 2(3) : This information relates only to the provision/s amending the Sentencing Act 1991 Crimes (Sexual Offences) Act 2006, No. 2/2006 (as amended by No. 76/2006) Assent Date: 7.3.06 Commencement Date: S. 43 on 1.12.06: s. 2(2) : This information relates only to the provision/s amending the Sentencing Act 1991 Disability Act 2006, No. 23/2006 Assent Date: 16.5.06 Commencement Date: Ss 226–230 on 1.7.07: s. 2(3) : This information relates only to the provision/s amending the Sentencing Act 1991 Education and Training Reform Act 2006, No. 24/2006 Assent Date: 16.5.06 Commencement Date: S. 6.1.2(Sch. 7 item 35) on 1.7.07: Government Gazette 28.6.07 p. 1304 : This information relates only to the provision/s amending the Sentencing Act 1991 Infringements (Consequential and Other Amendments) Act 2006, No. 32/2006 Assent Date: 13.6.06 Commencement Date: Ss 92, 93 on 1.7.06: Government Gazette 29.6.06 p. 1315 : This information relates only to the provision/s amending the Sentencing Act 1991 Children, Youth and Families (Consequential and Other Amendments) Act 2006, No. 48/2006 Assent Date: 15.8.06 Commencement Date: S. 42(Sch. item 32) on 23.4.07: s. 2(3) : This information relates only to the provision/s amending the Sentencing Act 1991 Courts Legislation (Jurisdiction) Act 2006, No. 50/2006 Assent Date: 15.8.06 Commencement Date: Ss 38, 39 on 16.8.06: s. 2(1) : This information relates only to the provision/s amending the Sentencing Act 1991 Public Sector Acts (Further Workplace Protection and Other Matters) Act 2006, No. 80/2006