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 of approved mental health service inserted by No. 98/1995 s. 64(1)(a), repealed by No. 26/2014 s. 429(1)(a)).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 of of Community Services repealed by No. 46/1998 s. 7(Sch. 1). * * * * * S. 3(1) def. of of Corrections repealed by No. 45/1996 s. 18(Sch. 2 item 11.1). * * * * * driver licence has the same meaning as in the Road Safety Act 1986; S. 3(1) def. of inserted by No. 2/2002 s. 4(1). Drug Court means the Drug Court Division of the Magistrates' Court; S. 3(1) def. of Drug Court officer inserted by No. 2/2002 s. 4(1), amended by No. 108/2004 s. 117(1) (Sch. 3 item 181.1). Drug Court officer means a person who— (a) is employed under Part 3 of the Public Administration Act 2004; and (b) exercises powers or performs functions in relation to the ; S. 3(1) def. of person repealed by No. 43/2010 s. 48(1)(a). * * * * * S. 3(1) def. of drug of addiction inserted by No. 42/1993 s. 60. drug of addiction means a drug of dependence within the meaning of the Drugs, Poisons and Controlled Substances Act 1981; dependent
S. 3(1) def. of unpaid community work condition inserted by No. 77/2010 s. 3(a) (as amended by No. 9/2011 s. 3), substituted by No. 65/2011 s. 3(12). unpaid community work condition means a condition that may be attached to a community correction order under section 48C(1); S. 3(1) def. of victim inserted by No. 24/1994 s. 4(1)(b), amended by No. 54/2000 s. 22(1). victim, in relation to an offence, means a person who, or body that, has suffered injury, loss or damage (including grief, distress, trauma or other significant adverse effect) as a direct result of the offence, whether or not that injury, loss or damage was reasonably foreseeable by the offender; S. 3(1) def. of violent offence inserted by No. 41/1993 s. 4(f), amended by No. 24/1994 s. 4(1)(c), repealed by No. 48/1997 s. 7(1). * * * * * S. 3(1) def. of working day inserted by No. 41/1993 s. 4(f). working day, in relation to a court, means a day on which the offices of the court are open; S. 3(1) def. of young person inserted by No. 41/1993 s. 4(f), repealed by No. 48/1997 s. 4(c). * * * * *
S. 3(1) def. of young offender amended by No. 48/1997 s. 4(d). young offender means an offender who at the time of being sentenced is under the age of 21 years; S. 3(1) def. of youth justice centre inserted by No. 48/2006 s. 42(Sch. item 32.1(c)). youth justice centre has the same meaning as in the Children, Youth and Families Act 2005; S. 3(1) def. of youth justice centre order inserted by No. 48/2006 s. 42(Sch. item 32.1(c)). youth justice centre order means an order made under Subdivision (4) of Division 2 of Part 3 directing the detention of a young offender in a youth justice centre; S. 3(1) def. of Youth Parole Board substituted by No. 48/2006 s. 42(Sch. item 32.1(d)). Youth Parole Board means Youth Parole Board referred to in section 442 of the Children, Youth and Families Act 2005; S. 3(1) def. of youth residential centre inserted by No. 48/1997 s. 4(e), substituted by No. 48/2006 s. 42(Sch. item 32.1(e)). youth residential centre has the same meaning as in the Children, Youth and Families Act 2005; S. 3(1) def. of youth residential centre order inserted by No. 48/1997 s. 4(e). youth residential centre order means an order made under Subdivision (4) of Division 2 of Part 3 directing the detention of a young offender in a youth residential centre;
S. 5(2D) inserted by No. 60/1993 s. 26, substituted by No. 35/1999 s. 37(2), amended by Nos 68/2009 s. 97(Sch. item 110.3), 30/2010 s. 24. (2D) In having regard to the conduct of the offender under subsection (2C), the court may consider the extent to which the offender complied with, or failed to comply with, a requirement imposed on the offender by or under Part 5.5 of Chapter 5 of the Criminal Procedure Act 2009. S. 5(2E) inserted by No. 60/1993 s. 26, amended by Nos 109/1994 s. 34(14)(a), 19/1999 s. 16(2), 68/2009 s. 97(Sch. item 110.4). (2E) An offender who pleads guilty to an offence after the determination by the Court of Appeal of a question of law reserved under section 302(2) of the Criminal Procedure Act 2009 is to be taken to have pleaded guilty immediately after arraignment. (3) A court must not impose a sentence that is more severe than that which is necessary to achieve the purpose or purposes for which the sentence is imposed. (4) A court must not impose a sentence that involves the confinement of the offender unless it considers that the purpose or purposes for which the sentence is imposed cannot be achieved by a sentence that does not involve the confinement of the offender. S. 5(4A) inserted by No. 48/1997 s. 8(1), amended by No. 2/2002 s. 4(4), repealed by No. 65/2011 s. 4(2). * * * * *
S. 5(4B) inserted by No. 2/2002 s. 4(5), amended by No. 65/2011 s. 4(3). (4B) A court must not impose a sentence that involves the confinement of the offender unless it considers that the purpose or purposes for which the sentence is imposed cannot be achieved by a drug treatment order. S. 5(4C) inserted by No. 69/2014 s. 16. (4C) A court must not impose a sentence that involves the confinement of the offender unless it considers that the purpose or purposes for which the sentence is imposed cannot be achieved by a community correction order to which one or more of the conditions referred to in sections 48F, 48G, 48H, 48I and 48J are attached. S. 5(5) amended by No. 65/2011 s. 4(4). (5) A court must not impose a drug treatment order unless it considers that the purpose or purposes for which the sentence is imposed cannot be achieved by a community correction order. S. 5(6) amended by No. 65/2011 s. 4(5). (6) A court must not impose a community correction order unless it considers that the purpose or purposes for which the sentence is imposed cannot be achieved by imposing a fine. (7) A court must not impose a fine unless it considers that the purpose or purposes for which the sentence is imposed cannot be achieved by a dismissal, discharge or adjournment. S. 5A inserted by No. 41/1993 s. 5, repealed by No. 48/1997 s. 7(3), new s. 5A inserted by No. 52/2014 s. 5. 5A Sentencing for a baseline offence (1) If the Act that creates an offence, or prescribes the maximum penalty for an offence, specifies a period as the baseline sentence for the offence, then— (a) the offence is a baseline offence; and (b) the period specified as the baseline sentence for the offence is the sentence that the Parliament intends to be the median sentence for sentences imposed for that offence in accordance with this section.
S. 6AD(b)(i) amended by No. 18/2005 s. 18(Sch. 1 item 97.2). (i) the Director of Public Prosecutions or a lawyer representing the Director; and S. 6AD(b)(ii) amended by No. 18/2005 s. 18(Sch. 1 item 97.2). (ii) a lawyer representing Victoria Legal Aid, whether or not employed by Victoria Legal Aid, or a lawyer arranged by Victoria Legal Aid— an opportunity to appear before the Court and make a submission on the matter. S. 6AE inserted by No. 13/2003 s. 4. 6AE Matters to which Court of Appeal must have regard In considering the giving of, or in reviewing, a guideline judgment the Court of Appeal must have regard to— (a) the need to promote consistency of approach in sentencing offenders; and (b) the need to promote public confidence in the criminal justice system; and S. 6AE(c) amended by No. 18/2005 s. 18(Sch. 1 item 97.2). (c) any views stated by the Sentencing Advisory Council and any submissions made by the Director of Public Prosecutions or a lawyer under section 6AD. S. 6AF inserted by No. 13/2003 s. 4, amended by No. 68/2009 s. 97(Sch. item 110.5). 6AF Use of evidence in giving or reviewing guideline judgment Nothing in Part 6.3 of Chapter 6 of the Criminal Procedure Act 2009 limits the evidence or other matters that the Court of Appeal may take into consideration in giving or reviewing a guideline judgment and the Court may inform itself as it sees fit. S. 6AG inserted by No. 13/2003 s. 4. 6AG Relationship between guideline judgments and other sentencing matters A guideline in a guideline judgment—
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; S. 6B(2) def. of serious sexual offender amended by Nos 48/2006 s. 42(Sch. item 32.2(c)), 18/2008 s. 15. serious sexual offender means an offender (other than a young offender)— (a) who has been convicted of 2 or more sexual offences for each of which he or she has been sentenced to a term of imprisonment or detention in a youth justice centre; or (ab) who has been convicted of an offence to which clause 1(a)(viii) of Schedule 1 applies for which he or she has been sentenced to a term of imprisonment or detention in a youth justice centre; or (b) who has been convicted of at least one sexual offence and at least one violent offence arising out of the one course of conduct for each of which he or she has been sentenced to a term of imprisonment or detention in a youth justice centre;
Pt 2B (Heading and ss 6G–6J) inserted by No. 108/1997 s. 148. S. 6G inserted by No. 108/1997 s. 148. 6G Application of Part This Part applies to a court in sentencing a continuing criminal enterprise offender for a continuing criminal enterprise offence. S. 6H inserted by No. 108/1997 s. 148. 6H Definitions for purposes of this Part (1) In this Part— continuing criminal enterprise offence means an offence referred to in Schedule 1A; continuing criminal enterprise offender means an offender who is found guilty of— (a) a continuing criminal enterprise offence and who in another trial or hearing or more than one other trial or hearing had been found guilty of 2 or more relevant offences; (b) 2 continuing criminal enterprise offences and who in another trial or hearing had been found guilty of a relevant offence; (c) 3 or more continuing criminal enterprise offences; relevant offence, in relation to a continuing criminal enterprise offence, means a continuing criminal enterprise offence of which an offender has been found guilty within the period of 10 years before the date on which the later offence was committed.
Note to s. 9C(6)(a) repealed by No. 72/2014 s. 11(2). * * * * * (b) a person who is under the age of 18 years at the time of the commission of the offence. (7) In this section— strike has the meaning given by section 4A of the Crimes Act 1958. S. 10 (Heading) substituted by No. 72/2014 s. 7. S. 10 amended by No. 41/1993 s. 6, expired by force of No. 49/1991 s. 10(5), new s. 10 inserted by No. 6/2013 s. 9. 10 Custodial sentence must be imposed for causing serious injury in circumstances of gross violence (1) In sentencing an offender for an offence against section 15A or 15B of the Crimes Act 1958 (whether on appeal or otherwise), a court must impose a term of imprisonment and fix under section 11 a non-parole period of not less than 4 years unless the court finds under section 10A that a special reason exists. Note Section 11(3) requires that a non-parole period must be at least 6 months less than the term of the sentence. (2) Subsection (1) does not apply to— S. 10(2)(aa) inserted by No. 69/2014 s. 3. (aa) an offender to the sentencing of whom section 10AA(1) applies; or S. 10(2)(a) substituted by No. 63/2014 s. 7(18). (a) a person who is involved in the commission of the offence within the meaning of section 323(1)(a) or (b) of the Crimes Act 1958; or Note to s. 10(2)(a) repealed by No. 63/2014 s. 7(19). * * * * *
(3) A Court Secure Treatment Order made under section 94B (as applied by subsection (2) of this section) has effect for all purposes as an indefinite sentence. S. 18F inserted by No. 41/1993 s. 9. 18F Sentencing hearing Before imposing an indefinite sentence, a court must— (a) give both the prosecution and the defence the opportunity to lead admissible evidence on any matter relevant to imposing such a sentence; S. 18F(ab) inserted by No. 24/1994 s. 6(2), amended by No. 65/2011 s. 10(1). (ab) subject to Division 1C of Part 3, take into consideration any victim impact statement made, or other evidence given, under that Division; S. 18F(b) amended by No. 65/2011 s. 10(2). (b) subject to Division 1A of Part 3, take into consideration any pre-sentence report filed with the court; (c) have regard to any submissions on sentence made to it. S. 18G inserted by No. 41/1993 s. 9. 18G Reasons for indefinite sentence A court that imposes an indefinite sentence on an offender must, at the time of doing so— (a) state the reasons for its decision; and (b) cause those reasons to be entered in the records of the court. S. 18H inserted by No. 41/1993 s. 9. 18H Review of indefinite sentence (1) A court that imposes an indefinite sentence on an offender must review the sentence— (a) on the application of the Director of Public Prosecutions, as soon as practicable after the offender has served the nominal sentence;
treatment and supervision part of the order, the appeal does not operate as a stay of the drug treatment order, unless the County Court so orders. S. 18ZR(3) amended by No. 68/2009 s. 97(Sch. item 110.30). (3) For the purposes of Part 6.1 of Chapter 6 of the Criminal Procedure Act 2009 an order under this Subdivision activating some or all of the custodial part of a drug treatment order is taken to be a sentence imposed by the . S. 18ZR(4) amended by No. 68/2009 s. 97(Sch. item 110.31 (a)). (4) Despite subsection (1), on the hearing of an appeal under section 254 or 257 of the Criminal Procedure Act 2009 against a drug treatment order made by the , the County Court may— S. 18ZR(4)(a) amended by No. 68/2009 s. 97(Sch. item 110.31 (b)). (a) re-instate the drug treatment order set aside by it under section 256(2)(a) or section 259(2)(a) of that Act (as the case requires); or S. 18ZR(4)(b) amended by No. 68/2009 s. 97(Sch. item 110.31 (b)). (b) if the appeal is against the custodial part of the drug treatment order, re-instate that part set aside by it under section 256(2)(a) or section 259(2)(a) of that Act (as the case requires) or vary the drug treatment order by increasing or reducing the length of the sentence of imprisonment. S. 18ZR(5) amended by No. 68/2009 s. 97(Sch. item 110.32). (5) On the hearing of an appeal under section 254 or 257 of the Criminal Procedure Act 2009 against a sentence imposed by the Magistrates' Court (other than the Drug Court) at a particular venue of that Court, if the County Court considers that the making of a drug treatment order may be appropriate, it may refer the matter to the Drug Court at that or another venue for consideration of the making of such an order, with or without any direction in law.
Pt 3 Div. 2 Subdiv. (4) (Heading) amended by Nos 48/1997 s. 17(2), 48/2006 s. 42(Sch. item 32.4). Subdivision (4)—Youth justice centre orders and youth residential centre orders S. 32 (Heading) inserted by No. 48/2006 s. 42(Sch. item 32.5). 32 Youth justice centre or youth residential centre order S. 32(1) amended by Nos 48/1997 ss 16(2), 17(3), 48/2006 s. 42(Sch. item 32.6). (1) Subject to subsections (2A) and (2B), if a sentence involving confinement is justified in respect of a young offender a court may make a youth justice centre order or a youth residential centre order if it has received a pre-sentence report and— (a) it believes that there are reasonable prospects for the rehabilitation of the young offender; or (b) it believes that the young offender is particularly impressionable, immature or likely to be subjected to undesirable influences in an adult prison. S. 32(2) amended by Nos 48/1997 s. 17(3), 48/2006 s. 42(Sch. item 32.6). (2) In determining whether to make a youth justice centre order or a youth residential order, a court must have regard to— (a) the nature of the offence; and S. 32(2)(b) amended by No. 48/1997 s. 16(1). (b) the age, character and past history of the young offender.
(4) This section has effect despite anything to the contrary in any Act. 34 Commencement of sentences S. 34(1) amended by No. 48/1997 s. 17(7). (1) Subject to sections 33 and 35, a sentence of detention commences— S. 34(1)(a) amended by No. 48/1997 s. 16(1). (a) if the young offender is immediately detained in custody under the the day that it is imposed; or S. 34(1)(b) amended by No. 48/1997 s. 16(1). (b) if the young offender is serving a sentence of imprisonment which is cumulative on the sentence of detention—on the day the sentence of imprisonment is completed; or S. 34(1)(c) amended by Nos 48/1997 ss 16(1), 17(8), 48/2006 s. 42(Sch. item 32.6. (c) in any other case—on the day the young offender is apprehended under a warrant to detain in a youth justice centre or a youth residential centre issued in respect of the sentence. S. 34(2) amended by No. 48/1997 ss 16(4), 17(7). (2) If a young offender sentenced to a term of detention is allowed to be or to go at large for any reason, the period between then and the day on which he or she is taken into custody to undergo the sentence does not count in calculating the term to be served and service of the sentence is suspended during that period. S. 34(3) amended by No. 48/1997 ss 16(4), 17(7). (3) If a young offender lawfully detained under a sentence escapes or fails to return after an authorised absence, the period between then and the day on which he or she surrenders or is apprehended does not count in calculating the term to be served and service of the sentence is suspended during that period. S. 34(4) amended by No. 48/1997 s. 17(7). (4) Despite anything to the contrary in this or any other Act or in any rule of law or practice, a sentence of detention must be calculated exclusive
knowledge or from inquiries made by him or her, of the length of the period of custody; or (b) if that person is not present before the court, it may take and receive other evidence (whether oral or written and whether on oath or otherwise) of the length of the period of custody. S. 35(4) amended by No. 48/1997 ss 11(6), 16(4). (4) If a young offender was held in custody in circumstances to which subsection (1) applies, then the court must declare the period to be reckoned as already served under the sentence and cause to be noted in the records of the court the fact that the declaration was made and its details. S. 35(5) amended by No. 48/1997 s. 16(1). (5) The person with custody of the record referred to in subsection (4) must indorse on the warrant or other authority for the detention of the young offender particulars of the matters referred to in that subsection. S. 35(6) amended by No. 48/1997 s. 16(7). (6) If a young offender charged with a series of offences committed on different occasions has been in custody continuously since arrest, the period of custody for the purposes of subsection (1) must be reckoned from the time of his or her arrest even if he or she is not convicted of the offence with respect to which he or she was first arrested or of other offences in the series. (7) If on an application under this subsection the sentencing court is satisfied that the period declared under subsection (4) was not correct it may declare the correct period and amend the sentence accordingly. (8) An application under subsection (7) may be made by—
(1) If, because an offender has changed his or her place of residence or for any other reason it is not convenient that the offender should report at a place or to a person specified in a community correction order, the Secretary may direct the offender to report at another place or to another person. (2) An offender must report as directed under subsection (1) as if that place or person had been specified in the order. S. 48Q inserted by No. 65/2011 s. 21, substituted by No. 26/2012 s. 37. 48Q Order made by Court of Appeal For the purposes of any proceeding under this Part or Division 2 of Part 3C— (a) a community correction order made by the Court of Appeal on an appeal must be taken to have been made by the court from whose decision the appeal was brought; and (b) the provisions about proceedings under this Part or Division 2 of Part 3C apply as if the court from which the appeal was made were the sentencing court. __________________
S. 58 substituted by No. 32/2013 s. 47 (as amended by No. 77/2013 ss 45, 48). 58 Order to pay operates subject to instalment order While an instalment order is in force and is being complied with, the order requiring the fine to be paid operates subject to it. S. 59 substituted by No. 32/2013 s. 47 (as amended by No. 77/2013 ss 45, 48). 59 Time to pay order If a court does not make an instalment order it may, at the time of imposing the fine, order that the offender be allowed time to pay it. S. 60 substituted by No. 32/2013 s. 47 (as amended by No. 77/2013 ss 45, 48). 60 Application for time to pay order (1) An offender who has been fined by a court may apply to the proper officer of that court in the manner prescribed by rules of that court (if any) for an order that time be allowed for the payment of the fine. (2) An application must be made before the commencement of a hearing under section 69D in respect of the fine. S. 61 substituted by No. 32/2013 s. 47 (as amended by No. 77/2013 ss 45, 48). 61 Application for variation or cancellation of order (1) Any of the following persons may apply to the court which made an instalment order or time to pay order for the variation or cancellation of the order— (a) the offender; or (b) a prescribed person, or a member of a prescribed class of persons; or (c) the Director of Public Prosecutions. (2) An offender who has been fined by a court may apply to the proper officer of that court, in the manner prescribed by the rules of that court (if any), for a variation of the terms of an instalment order or a time to pay order.
(b) the court is satisfied by— (i) evidence on oath or by affidavit; or (ii) by the admission of the offender; or (iii) from an examination of the records of the court or of a certificate purporting to contain an extract of those records and purporting to be signed by the officer of the court with custody of those records— that the offender has defaulted in the payment of a fine or of any instalment under an instalment order. (2) 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. 69F inserted by No. 32/2013 s. 47 (as amended by No. 77/2013 ss 45, 48). 69F Order of court in absence of offender (1) If a person who was arrested on a warrant under Division 4 and released on bail (either in accordance with the endorsement on the warrant or under section 10 of the Bail Act 1977) fails to attend before the court in accordance with his or her bail, the court may proceed to hear and determine the matter under section 69E in the offender's absence and make any order under section 69G or 69H, as applicable, without prejudice to any right of action arising out of the breach of the bail undertaking. (2) If a warrant to arrest issued under Division 4 against an offender has not been executed within a reasonable period after it was issued or no warrant to arrest was issued against an offender under Division 4, the court may proceed to hear and determine the matter under section 69E in the offender's absence and make any order under section 69G or 69H, as applicable, if it is satisfied
S. 81(2) amended by Nos 46/1998 s. 7(Sch. 1), 65/2011 s. 36(4). (2) The Secretary to the Department of Human Services may review a justice plan if an application is made to him or her to do so by— (a) the offender; or S. 81(2)(b) amended by No. 45/1996 s. 18(Sch. 2 item 11.12), substituted by No. 65/2011 s. 36(5). (b) if the sentence is a community correction order, the Secretary; or S. 81(2)(c) amended by Nos 48/1997 s. 14(9), 65/2011 s. 36(6). (c) if the sentence is a an order under Subdivision (2) or (3) of Division 2, a prescribed person or a member of a prescribed class of persons. S. 82 (Heading) inserted by No. 65/2011 s. 37. 82 Review of justice plan condition by sentencing court S. 82(1) amended by Nos 23/2006 s. 228(1), 65/2011 s. 38(1)(2)(a). (1) If on an application under this subsection the court which attached a justice plan condition to an order under section 80(1) is satisfied— S. 82(1)(a) amended by No. 65/2011 s. 38(2)(a). (a) that the offender is no longer willing to comply with the condition; or S. 82(1)(b) amended by No. 65/2011 s. 38(2)(a). (b) that the needs of the offender are not being met by the condition; or S. 82(1)(c) amended by No. 65/2011 s. 38(2)(a). (c) that the offender has failed without reasonable excuse to comply with the condition; or
S. 83A(5) amended by No. 77/2010 s. 21(6). (5) The court may order that a warrant to arrest be issued against the offender if he or she does not attend before the court on the adjourned hearing. S. 83A(6) amended by No. 77/2010 s. 21(7). (6) Nothing in this section removes any requirement imposed on the Magistrates' Court or County Court by or under this or any other Act to impose any disqualification on, or make any other order in respect of, a person found guilty or convicted of an offence, including an order cancelling or suspending a driver licence or permit or disqualifying the offender from obtaining one for any period. __________________ Pt 3C (Heading and ss inserted by No. 65/2011 s. 43. Division 1—Offences S. 83AB inserted by No. 65/2011 s. 43, repealed by No. 32/2013 s. 14. * * * * * S. 83AC inserted by No. 65/2011 s. 43. 83AC Contravention of order for release on adjournment An offender who is subject to an order under section 72 or 75 for release on the adjournment of the proceeding must not contravene that order, unless the offender has a reasonable excuse. Penalty: Level 10 fine.
S. 83B inserted by No. 65/2004 s. 3. 83B Purpose of Part The purpose of this Part is to enable a court to make a superannuation order as a new sentencing option where a person who is or has been a public sector employee is convicted of an indictable offence involving abuse of office, corruption or perversion of the course of justice. S. 83C inserted by No. 65/2004 s. 3. 83C Application of Part (1) This Part applies in respect of an offender who is convicted of a relevant offence on or after 3 June 2004 irrespective of whether the relevant offence was committed before, on or after that date. (2) A court may make a superannuation order in addition to, or instead of, any other sentence that may be imposed under this or any other Act. S. 83C(3) amended by No. 32/2013 s. 57. (3) Despite sections 52, 53 and 55, the making of a superannuation order under this Part is not to be taken into account by a court in determining whether to impose a fine on the offender under section 49. S. 83D inserted by No. 65/2004 s. 3. 83D Definitions (1) In this Part— administrators means the person or persons responsible for the administration of a relevant superannuation scheme; S. 83D(1) def. of authorised person amended by No. 68/2009 s. 97(Sch. item 110.60). authorised person means— (a) the Director of Public Prosecutions; or (b) if the relevant offence is an indictable offence heard and determined summarily, the Chief Commissioner of Police; dependant, in relation to an offender, means— (a) a child of the offender; or
(9) References in this section to— (a) stealing must be construed in accordance with subsections (1) and (4) of section 90 of the Crimes Act 1958; and (b) goods include references to a motor vehicle. 85 Enforcement of restitution order S. 85(1) amended by Nos 108/1997 s. 156(f), 68/2010 s. 70(1). (1) Subject to section 30 or section 36ZA of the Confiscation Act 1997, an order made under subsection (1)(c) or (4) of section 84 must be taken to be a judgment debt due by the offender to the person in whose favour the order is made and payment of any amount remaining unpaid under the order may be enforced in the court by which it was made. (2) An order made under section 84, other than an order referred to in subsection (1), may be enforced in the court by which it was made by any means available to that court of enforcing an order made by it in a civil proceeding. Division 2—Compensation Pt 4 Div. 2 Subdiv. (1) (Heading and ss 85A–85M) inserted by No. 54/2000 s. 21. Subdivision (1)—Compensation for pain and suffering etc. S. 85A inserted by No. 54/2000 s. 21. 85A Definitions (1) In this Subdivision— compensation order means an order under section 85B(1); injury means— (a) actual physical bodily harm; or
S. 86(5)(b) amended by No. 49/2012 s. 7(2)(c)(i). (b) may be made— S. 86(5)(b)(i) amended by No. 49/2012 s. 7(2)(c)(ii). (i) by the person seeking compensation; or S. 86(5)(b)(ii) amended by No. 69/1997 s. 10(a)–(c). (ii) on that person's behalf by the Director of Public Prosecutions or (if the sentencing court was the Magistrates' Court) the informant or police prosecutor. (6) Nothing in subsection (5)(b)(ii) requires the Director of Public Prosecutions or the informant or police prosecutor (as the case requires) to make an application on behalf of a person. S. 86(6A) inserted by No. 19/1999 s. 10, repealed by No. 54/2000 s. 22(2)(c). * * * * * S. 86(7) amended by No. 49/2012 s. 7(3). (7) In determining whether or not an order under subsection (1) should be made and, if so, the amount payable under the order— (a) a finding of any fact made by a court in a proceeding for the offence is evidence and, in the absence of evidence to the contrary, proof of that fact; and (b) the finding may be proved by production of a document under the seal of the court from which the finding appears. (8) A court must not exercise the powers conferred by this section unless in the opinion of the court the relevant facts sufficiently appear from evidence
Sch. 1 cl. 1(a)(viii) amended by No. 2/2006 s. 43(2)(b). (viii) section 47A(1) (persistent sexual abuse of child under the age of 16); Sch. 1 cl. 1(a)(viiia) inserted by No. 57/2005 s. 50(2)(b). (viiia) section 48(1) (sexual penetration of a 16 or 17 year old child); Sch. 1 cl. 1(a)(viiib) inserted by No. 57/2005 s. 50(2)(b), amended by No. 18/2008 s. 17. (viiib) section 49(1) (indecent act with 16 or 17 year old child); (ix) section 49A(1) (facilitating sexual offences against children); Sch. 1 cl. 1(a)(ixa) inserted by No. 7/2014 s. 5(2). (ixa) section 49B(2) (grooming for sexual conduct with child under the age of 16 years). Sch. 1 cl. 1(a)(x) amended by No. 2/2006 s. 43(2)(c). (x) section 51 (sexual offences against persons with a cognitive impairment by providers of medical or therapeutic services); Sch. 1 cl. 1(a)(xi) amended by No. 2/2006 s. 43(2)(d). (xi) section 52 (sexual offences against persons with a cognitive impairment by providers of special programs); (xii) section 53 (administration of drugs, etc.); Sch. 1 cl. 1(a)(xiia) inserted by No. 57/2005 s. 50(2)(c). (xiia) section 54 (occupier etc. permitting unlawful sexual penetration); (xiii) section 55 (abduction or detention);
(iii) section 50BC(1) (sexual conduct involving child under 16); (iv) section 50BD(1) (inducing child under 16 to be involved in sexual conduct); (v) section 50DA(1) (benefiting from offence against Part IIIA); (vi) section 50DB(1) (encouraging offences against Part IIIA); Sch. 1 cl. 1(dd) inserted by No. 57/2005 s. 50(2)(e). (dd) an aggravated offence against any of the following sections of the Criminal Code of the Commonwealth: (i) section 270.6 (sexual servitude offences); (ii) section 270.7 (deceptive recruiting for sexual services); Note The Criminal Code of the Commonwealth is contained in the Schedule to the Criminal Code Act 1995 of the Commonwealth. Sch. 1 cl. 1(de) inserted by No. 57/2005 s. 50(2)(e). (de) an offence against section 233BAB(5) or 233BAB(6) of the Customs Act 1901 of the Commonwealth (special offence relating to tier 2 goods) where the goods are goods covered by section 233BAB(1)(h) of that Act; Sch. 1 cl. 1(df) inserted by No. 57/2005 s. 50(2)(e). (df) an offence against any of the following sections of the Criminal Code of the Commonwealth: (i) section 271.4 (trafficking in children) or section 271.7 (domestic trafficking in children) in circumstances where the purpose of the exploitation is to provide sexual services within the meaning of that section;
fixed by, any of the following provisions (as amended) of the Crimes Act 1958 repealed on 24 March 1986 by section 8(2) of the Crimes (Amendment) Act 1985: (i) section 17 (intentionally causing grievous bodily harm or shooting, etc. with intention to do grievous bodily harm or to resist or prevent arrest); (ii) section 35B (making demand with threat to kill or injure or endanger life); Sch. 1 cl. 3(ca) inserted by No. 17/2015 s. 4(4). (ca) an offence against section 19A (intentionally causing a very serious disease) of the Crimes Act 1958 repealed by section 3 of the Crimes Amendment (Repeal of Section 19A) Act 2015; Sch. 1 cl. 3(d) amended by Nos 57/2005 s. 50(4)(a), 17/2015 s. 4(5). (d) an offence of conspiracy to commit, incitement to commit or attempting to commit an offence referred to in paragraphs (a) to (ca); Sch. 1 cl. 3(e) inserted by No. 57/2005 s. 50(4)(b). (e) 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 (d). 4 Drug offences This clause applies to the following offences— (a) an offence against any of the following sections of the Drugs, Poisons and Controlled Substances Act 1981: Sch. 1 cl. 4(a)(i) substituted by No. 61/2001 s. 14(1). (i) section 71 (trafficking in a quantity of a drug or drugs of dependence that is not less than the large commercial quantity applicable to that drug or those drugs);
(a) immediately or, if the offender is still serving the original custodial part of the sentence, immediately on completion of service of that part of the sentence; and (b) unless the court otherwise orders, cumulatively on any other term of imprisonment previously imposed on the offender by that or any other court. 8 Contravention—pre-existing home detention orders (1) An offender who is subject to a pre-existing home detention order must not, unless that person has a reasonable excuse, commit a serious contravention of that order. Penalty: 3 months imprisonment. (2) This clause does not apply to a contravention of a pre-existing home detention order— (a) that occurs before the commencement of section 43 of the Sentencing Amendment (Community Correction Reform) Act 2011; or (b) a contravention of a home detention order that is not a serious contravention. Sch. 3 cl. 8(3) amended by No. 32/2013 s. 40. (3) Subject to this clause, Divisions 1 and 2 of Part 3C apply to an offence under this clause as if any reference in Divisions 1 and 2 of that Part to an offence under section 83AD were a reference to an offence under this clause. (4) If in a proceeding for an offence under this clause, the court finds the person guilty of the offence the court must (in addition to sentencing the offender for the offence)— Sch. 3 cl. 8(4)(a) substituted by No. 26/2012 s. 68. (a) whether or not the order has expired, confirm the order that was contravened and if necessary to enable the offender to perform the remaining period and conditions of the
Sch. 3 Pt 4 (Heading and cl. 18) inserted by No. 45/2012 s. 13. PART 4—ROAD SAFETY AND SENTENCING ACTS AMENDMENT ACT 2012—VALIDATIONS Sch. 3 cl. 18 inserted by No. 45/2012 s. 13. 18 Validation of certain community correction orders (1) A community correction order made or purported to have been made on or after 16 January 2012 and before the day on which the Road Safety and Sentencing Acts Amendment Act 2012 receives the Royal Assent has, and is taken always to have had, the same force and effect as it would have had if section 12 of that Act had been in operation when the order was made or purported to have been made. (2) For the avoidance of doubt, a community correction order may be made in respect of an offender sentenced on or after 16 January 2012, irrespective of when the offence was committed or the finding of guilt was made. (3) A community correction order referred to in subclause (1) and a sentence of imprisonment (irrespective of the period of imprisonment and whether or not the sentence is suspended in whole or in part) that are imposed on an offender in exercise, or purported exercise, of a power under section 44 (as then in force) are not invalid by reason only of failure to comply with section 44. (4) Any act or thing done or omitted to be done, whether under a power conferred by or under an enactment or otherwise, before or after the commencement of section 13 of the Road Safety and Sentencing Acts Amendment Act 2012 in reliance on or in relation to—