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 of of Community Services repealed by No. 46/1998 s. 7(Sch. 1).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 of of Corrections repealed by No. 45/1996 s. 18(Sch. 2 item 11.1). * * * * * s. 3 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 of person repealed by No. 43/2010 s. 48(1)(a).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
principles specified in Part 2 of the Disability Act 2006 and which are designed to reduce the likelihood of the person committing further offences; S. 3(1) def. of lawyer inserted by No. 18/2005 s. 18(Sch. 1 item 97.1). lawyer means an Australian lawyer within the meaning of the Legal Profession Act 2004; S. 3(1) def. of legal practitioner inserted by No. 18/2005 s. 18(Sch. 1 item 97.1). legal practitioner means an Australian legal practitioner within the meaning of the Legal Profession Act 2004; S. 3(1) def. of licence restoration report inserted by No. 57/1998 s. 26(3). licence restoration report means a report from an accredited agency on an applicant for an order under section 89(2); local law means local law made under Part 5 of the Local Government Act 1989; Mental Health Review Board means Mental Health Review Board established by the Mental Health Act 1986; S. 3(1) def. of mental illness inserted by No. 98/1995 s. 64(1)(b). mental illness has the same meaning as in the Mental Health Act 1986; s. 3 motor vehicle has the same meaning as in the Road Safety Act 1986; S. 3(1) def. of nominal sentence inserted by No. 41/1993 s. 4(d). nominal sentence, in relation to an indefinite sentence, means the period fixed in accordance with section 18A(3);
S. 3(1) def. of restricted involuntary treatment order inserted by No. 69/2005 s. 3(1)(a). restricted involuntary treatment order means an order made under section 93; S. 3(1) def. of Secretary inserted by No. 46/1998 s. 7(Sch. 1). Secretary has the same meaning as Secretary in the Community Services Act 1970; s. 3 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); security patient has the same meaning as in the Mental Health Act 1986; 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;
(e) any of the following common law offences— (i) rape; (ii) assault with intent to rape; or (f) an offence of conspiracy to commit, incitement to commit or attempting to commit, an offence referred to in any of the preceding paragraphs; S. 3(1) defs of serious sexual offender, serious violent offence, serious violent offender inserted by No. 41/1993 s. 4(e), repealed by No. 48/1997 s. 7(1). * * * * * S. 3(1) def. of severe substance dependence inserted by No. 43/2010 s. 48(1)(b). severe substance dependence has the same meaning as in section 5 of the Severe Substance Dependence Treatment Act 2010; S. 3(1) def. of sexual offence inserted by No. 41/1993 s. 4(e), amended by Nos 24/1994 s. 4(1)(a), 22/1996 s. 20, repealed by No. 48/1997 s. 7(1). * * * * * s. 3
S. 3(1) def. of significant offence inserted by No. 77/2010 s. 3(a) (as amended by No. 9/2011 s. 3). significant offence means— (a) an offence against section 17 of the Crimes Act 1958, (causing serious injury recklessly) unless heard and determined summarily; (b) an offence against section 77 of the Crimes Act 1958, (aggravated burglary) unless heard and determined summarily; (c) an offence against section 197 of the Crimes Act 1958, where the offence is one of destroying or damaging property by fire (arson) unless heard and determined summarily; (d) an offence against section 197A of the Crimes Act 1958, (arson causing death); (e) an offence against section 71 of the Drugs, Poisons and Controlled Substances Act 1981, (trafficking in a large commercial quantity of a drug of dependence); (f) an offence against section 71AA of the Drugs, Poisons and Controlled Substances Act 1981, (trafficking in a commercial quantity of a drug of dependence); S. 3(1) def. of stalking intervention order inserted by No. 30/2010 s. 3(a), repealed by No. 53/2010 s. 221(Sch. item 10.1(b)). * * * * * s. 3
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 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 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. 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 s. 6AF 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—
(2) For the purposes of the definition of relevant offence in subsection (1), if an offence of which an offender has been found guilty was committed between two dates, the offence was committed on the earlier date. S. 6I inserted by No. 108/1997 s. 148. 6I Increased maximum penalty for CCE offences s. 6I (1) A continuing criminal enterprise offender is liable, for a continuing criminal enterprise offence, to a maximum term of imprisonment of 2 times the length of the maximum term prescribed for the offence or 25 years, whichever is the lesser. (2) This section has effect despite anything to the contrary in this or any other Act. S. 6J inserted by No. 108/1997 s. 148. 6J CCE offender status to be noted on record (1) A court that sentences a continuing criminal enterprise offender for a continuing criminal enterprise offence must, at the time of doing so, cause to be entered in the records of the court in respect of that offence the fact that the offender was sentenced for a continuing criminal enterprise offence. S. 6J(2) amended by Nos 68/2009 s. 97(Sch. item 110.9), 69/2009 s. 54(Sch. Pt 1 item 51.2). (2) Despite anything to the contrary in the Evidence Act 2008 or the Criminal Procedure Act 2009, a statement of the fact that an offender was sentenced for a continuing criminal enterprise offence as a continuing criminal enterprise offender may be included in a certificate issued under section 178 of the Evidence Act 2008 or in a criminal record filed under Division 2 of Part 5.8 of Chapter 5 of the Criminal Procedure Act 2009. _______________
S. 18(1A) inserted by No. 10/1999 s. 18(2), repealed by No. 1/2000 s. 8(a), new s. 18(1A) inserted by No. 53/2003 s. 4(1), repealed by No. 30/2010 s. 7(a). * * * * * S. 18(1B) inserted by No. 10/1999 s. 18(2), repealed by No. 1/2000 s. 8(a). * * * * * S. 18(2) amended by Nos 53/2003 s. 4(2), 30/2010 s. 7(b). (2) Subsection (1) does not apply— (a) to a period of custody of less than one day; or S. 18(2)(b) amended by No. 69/1997 s. 6(2)(a). (b) to a sentence of imprisonment or period of detention in an approved mental health service of less than one day; or S. 18(2)(ba) inserted by No. 48/1997 s. 11(2)(a). (ba) to an intensive correction order; or s. 18 S. 18(2)(bb) inserted by No. 30/2010 s. 7(c). (bb) to a home detention order; or S. 18(2)(c) amended by No. 48/1997 s. 11(2)(b). (c) to a sentence of imprisonment that has been wholly suspended or to the suspended part of a partly suspended sentence of imprisonment; or
S. 18S inserted by No. 48/1997 s. 12. 18S Program conditions s. 18S (1) The court may attach to a combined custody and treatment order— S. 18S(1)(a) amended by No. 19/1999 s. 5(4). (a) a condition that the offender during the period of the order submit to testing for alcohol or drug use as specified in the order; or (b) any other condition relevant to the offender's drug or alcohol addiction or usage that the court considers necessary or desirable. (2) A court is not required to attach any program conditions to a combined custody and treatment order. (3) A court must not impose any more program conditions than are necessary to achieve the purpose or purposes for which the order is made. S. 18SA inserted by No. 30/2010 s. 8. 18SA Home detention condition when order is imposed (1) A court may when imposing a combined custody treatment order attach a condition that the offender is not entitled to make a request under section 59 of the Corrections Act 1986. (2) In exercising its discretion whether or not to attach a condition under subsection (1), a court must have regard to all the circumstances of the case including the nature and gravity of the offence. S. 18T inserted by No. 48/1997 s. 12. 18T Offender may be fined as well A court may impose on an offender a fine authorised by law in addition to making a combined custody and treatment order.
S. 18ZQ(2)(a) amended by No. 68/2009 s. 97(Sch. item 110.21). (a) to establish whether the accused is a suitable person to be subject to a drug treatment order; and (b) if so— S. 18ZQ (2)(b)(i) amended by No. 68/2009 s. 97(Sch. item 110.21). (i) to prepare a case management plan for the accused; and s. 18ZQ (ii) to establish whether the facilities necessary to implement that plan exist and, if so, to identify those facilities; and S. 18ZQ (2)(b)(iii) amended by No. 68/2009 s. 97(Sch. item 110.21). (iii) to make recommendations to the on the program conditions that should be attached to a drug treatment order in respect of the accused. S. 18ZQ(3) amended by No. 68/2009 s. 97(Sch. item 110.22). (3) If the grants an accused bail on an adjournment under subsection (1) it must, for the purpose of facilitating the preparation of the report, impose a condition of bail requiring the accused to— (a) report to the specified officer, or other specified person or body, within a specified period; and (b) comply with any further reporting requirements imposed by that officer, person or body. S. 18ZQ(4) substituted by No. 68/2009 s. 97(Sch. item 110.23). (4) A drug treatment order assessment report may set out all or any of the following matters which, on investigation, appear to the specified officer to be relevant to the assessment of the accused and are readily ascertainable by the officer— (a) the age of the accused; (b) the social history and background of the accused;
(d) the degree of risk of the offender committing another offence punishable by imprisonment during the operational period of the sentence, if it were to be suspended. S. 27(1B) inserted by No. 82/2006 s. 4(1). (1B) Nothing in subsection (1A) limits or affects Part 2. S. 27(2) substituted by No. 48/1997 s. 14(2). (2) A court may only make an order suspending a sentence of imprisonment if the period of imprisonment imposed, or the aggregate period of imprisonment where the offender is convicted of more than one offence in the proceeding— (a) does not exceed 3 years in the case of the Supreme Court or the County Court; and (b) does not exceed 2 years in the case of the Magistrates' Court. S. 27(2A) inserted by No. 48/1997 s. 14(2). (2A) The period for which the whole or a part of a sentence of imprisonment may be suspended is— (a) the length of the suspended term of imprisonment; or (b) another period specified by the court not exceeding 3 years, in the case of the Supreme Court or the County Court, or 2 years, in the case of the Magistrates' Court— s. 27 whichever is the longer. S. 27(2B) inserted by No. 82/2006 s. 4(2), substituted by No. 77/2010 s. 12(1) (as amended by No. 9/2011 s. 4). (2B) Despite subsection (1), a court must not make an order suspending the whole or a part of a sentence of imprisonment imposed on an offender for a serious offence or for a significant offence. Note A suspended sentence may be available for a serious offence or for a significant offence committed before the commencement of section 12 of the Sentencing Amendment Act 2010.
(4) Notice of an application under subsection (1) must be given— (a) to the offender; and (b) to the Director of Public Prosecutions (if the sentencing court was the Supreme Court or the County Court) or to the informant or police prosecutor (if the sentencing court was the Magistrates' Court). (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 hearing of the application. 47 Breach of community-based order s. 47 S. 47(1) amended by Nos 41/1993 s. 10(3), 45/1996 s. 18(Sch. 2 item 11.11), 48/1997 s. 19(2)(a)(b), 68/2009 s. 97(Sch. item 110.44). (1) If at any time while a community-based order is in force the offender fails without reasonable excuse to comply with any condition of it or with any requirement of the regulations made for the purposes of this Subdivision, the offender is guilty of an offence for which he or she may be proceeded against on a charge-sheet filed by a prescribed person or a member of a prescribed class of persons. S. 47(1A) inserted by No. 41/1993 s. 10(4). (1A) A proceeding for an offence under subsection (1) may be commenced at any time up until 3 years after the date on which the offence is alleged to have been committed. S. 47(2) substituted by No. 48/1997 s. 19(3), amended by No. 68/2009 s. 97(Sch. item 110.45). (2) Despite anything to the contrary in the Criminal Procedure Act 2009— S. 47(2)(a) amended by No. 68/2009 s. 97(Sch. item 110.46). (a) on the filing of a charge-sheet referred to in subsection (1), an application under section 12(1) of that Act for the issue of a summons to answer to the charge or a
S. 55(1)(d) inserted by No. 41/1993 s. 12, amended by Nos 69/1997 s. 8(1)(b), 10/2004 s. 15(Sch. 1 item 27.2). (d) if the amount of the fine is not more than an amount equivalent to the value of 100 penalty units or, if it is, for a part of it up to an amount equivalent to the value of 100 penalty units, a community-based order requiring him or her to perform unpaid community work as directed by the Regional Manager for a number of hours fixed in accordance with section 63(2). S. 55(2) inserted by No. 69/1997 s. 7(1), amended by No. 32/2006 s. 92(2). (2) An offender may not apply under subsection (1)(d) if the fine was imposed in respect of an offence heard and determined by the Magistrates' Court as a result of the revocation of an enforcement order within the meaning of, or the making of an application under section 68(1) of, the Infringements Act 2006. S. 55(3) inserted by No. 69/1997 s. 7(1). (3) An offender on whom a fine referred to in subsection (2) has been imposed may, at any time before the commencement of a hearing under section 62(10), apply to the Magistrates' Court constituted by a magistrate for a community-based order requiring him or her to perform unpaid community work as directed by the Regional Manager for a number of hours fixed in accordance with section 63(2). S. 55(4) inserted by No. 69/1997 s. 7(1). (4) On an application under subsection (3), the Magistrates' Court may— (a) make one or more orders of a kind referred to in subsection (1); or (b) confirm any order then in force. 56 Order to pay operates subject to instalment order s. 56 While an instalment order is in force and is being complied with, the order requiring the fine to be paid operates subject to it.
(12) A court must not make an order under paragraph (b) of subsection (10) unless it is satisfied that no other order under that subsection is appropriate in all the circumstances of the case. S. 62(13) inserted by No. 69/1997 s. 7(2), amended by No. 32/2006 s. 92(3). (13) Despite anything to the contrary in this section, neither subsection (1) nor (7)(b) operate to allow a person to consent to the making of a order if the fine was imposed in respect of an offence heard and determined by the Magistrates' Court as a result of the revocation of an enforcement order within the meaning of, or the making of an application under section 68(1) of, the Infringements Act 2006. 63 Terms of imprisonment or hours of unpaid work S. 63(1) amended by No. 10/2004 s. 15(Sch. 1 item 27.6(a) (i)(ii)). s. 63 (1) The term for which a person in default of payment of a fine or an instalment under an instalment order may be imprisoned is 1 day for each penalty unit or part of a penalty unit then remaining unpaid with a maximum of 24 months. S. 63(2) amended by Nos 69/1997 s. 8(6), 10/2004 s. 15(Sch. 1 item 27.6(b) (i)(ii)). (2) The number of hours for which a person in default of payment of a fine or an instalment under an instalment order may be required to perform unpaid community work is 1 hour for each 02 penalty unit or part of 02 penalty unit then remaining unpaid up to an amount equivalent to the value of 100 penalty units with a minimum of 8 and a maximum of 500 hours. S. 63(3) inserted by No. 41/1993 s. 14. (3) The minimum and maximum number of hours set out in subsection (2) apply, where the person is in default of more than one fine or instalment, to the aggregate number of hours for which he or she may be required to perform unpaid community work in respect of the amounts then remaining unpaid of all the fines or instalments of which he or she is then in default and to which the proceeding under section 62(10) relates.
S. 72(4) amended by No. 68/2009 s. 97(Sch. item 110.50). (4) An offender who has given an undertaking under subsection (1) may be called on to attend before the court— (a) by order of the court; or (b) by notice issued by the proper officer of the court. S. 72(5) amended by No. 68/2009 s. 97(Sch. item 110.51). (5) An order or notice under subsection (4) must be served on the offender not less than 4 days before the time specified in it for the attendance. (6) If at the time to which the further hearing of a proceeding is adjourned the court is satisfied that the offender has observed the conditions of the undertaking, it must discharge the offender without any further hearing of the proceeding. 73 Unconditional discharge s. 73 A court may discharge a person whom it has convicted of an offence. 74 Compensation or restitution A court may make an order for compensation or restitution in addition to making an order under this Subdivision. Subdivision (3)—Release without conviction 75 Release on adjournment without conviction (1) A court, on being satisfied that a person is guilty of an offence, may (without recording a conviction) adjourn the proceeding for a period of up to 60 months and release the offender on the offender giving an undertaking with conditions attached.
in the services specified in the justice plan for a period of up to 2 years specified by the court or the period of the sentence, whichever is the shorter; or (b) impose a sentence referred to in subsection (1)(ba), if the court is satisfied that subsection (2A) applies, the court may make a residential treatment order requiring the offender to be detained for a period of up to 5 years as is specified in the order in the residential treatment facility specified in the plan of available services to receive the treatment specified in the plan of available services. S. 80(2A) inserted by No. 23/2006 s. 227(4). (2A) A court may only impose a sentence referred to in subsection (1)(ba) if— (a) the offence is a serious offence within the meaning of subsection (2B); and (b) the Secretary to the Department of Human Services has specified— s. 80 (i) that the person is suitable for admission to a residential treatment facility; and (ii) in the plan of available services that services are available in a residential treatment facility. S. 80(2B) inserted by No. 23/2006 s. 227(4). (2B) In subsection (2A), serious offence means— (a) a serious offence within the meaning of the definition of serious offence in section 3(1); or (b) an offence against section 39 of the Crimes Act 1958 (indecent assault). S. 80(3) amended by No. 46/1998 s. 7(Sch. 1). (3) If a court imposes a special condition under subsection (2), it must cause a copy of the sentence to be supplied to the Secretary.
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 relevant date as determined by the administrators of the relevant superannuation scheme after, where appropriate, obtaining advice from an actuary appointed by the administrators; offender means a person who has been convicted of a relevant offence; s. 83D
previous enactment and to any corresponding subsequent enactment. S. 83D(4) inserted by No. 12/2008 s. 73(1)(Sch. 1 item 56.2). (4) For the purposes of the definition of domestic partner in subsection (1)— (a) registered relationship has the same meaning as in the Relationships Act 2008; and (b) in determining whether persons who are not in a registered relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case. S. 83E inserted by No. 65/2004 s. 3. 83E Application for a superannuation order s. 83E (1) If the authorised person is of the opinion that the relevant offence for which a court has convicted an offender— (a) involved an abuse by the person of his or her office as a public sector employee; or (b) having regard to the powers and duties of his or her office as a public sector employee was committed for a purpose that involved corruption; or (c) was committed for the purpose of perverting, or attempting to pervert, the course of justice— the authorised person may apply to the court for the court to make a superannuation order. (2) An application must be supported by a certificate given by the administrators of each relevant superannuation scheme specifying—
(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 S. 85(1) amended by No. 108/1997 s. 156(f). (1) Subject to section 30 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 s. 85A (1) In this Subdivision— compensation order means an order under section 85B(1); injury means— (a) actual physical bodily harm; or
S. 89C(1) amended by Nos 110/2004 s. 45(2), 68/2009 s. 97(Sch. item 110.69). s. 89C (1) If the court gives a direction under section 89A(2), 89A(3)(b) or 89A(4), the person in respect of whom the direction is given may appeal to the County Court under section 254 of the Criminal Procedure Act 2009 against— (a) in the case of a direction under section 89A(2)— (i) the giving of the direction; or (ii) the period specified in the direction during which the person cannot apply for the removal of an alcohol interlock condition if that period is more than 6 months; or S. 89C(1)(b) amended by Nos 110/2004 s. 45(3)(a)(b), 81/2006 s. 7(2). (b) in the case of a direction under section 89A(3)(b) or 89A(4)—the period specified in the direction during which the person cannot apply for the removal of an alcohol interlock condition if that period is more than 4 years— as if the direction were a sentence of a kind referred to in section 254 of the Criminal Procedure Act 2009. (2) That Act applies with respect to the appeal with any necessary modifications. S. 89D inserted by No. 1/2002 s. 13. 89D Offences and immobilisation orders s. 89D (1) A person whose driver licence is subject to an alcohol interlock condition is guilty of an offence if— (a) the person breaches that condition; or (b) the person drives a motor vehicle with an approved alcohol interlock in accordance with that condition but the motor vehicle has been started—
S. 90 amended by Nos 98/1995 s. 64(2)(a), 69/2005 s. 4(1)(b)(c)(2) (ILA s. 39B(1)). 90 Assessment orders s. 90 S. 90(1) amended by No. 68/2009 s. 97(Sch. item 110.70). (1) If on the trial or hearing of a person for an offence— (a) the person is found guilty; and S. 90(b) amended by No. 98/1995 s. 64(2), substituted by No. 69/2005 s. 4(1)(a). (b) the court is of the opinion that— (i) the person appears to be mentally ill; and (ii) the person's mental illness may require treatment and that treatment may be obtained by the person being detained in an approved mental health service; and (iii) because of the person's mental illness, involuntary treatment of the person is necessary for his or her health or safety (whether to prevent a deterioration in the person's physical or mental condition or otherwise) or for the protection of members of the public; and S. 90(c) amended by No. 98/1995 s. 64(2)(d), substituted by No. 69/2005 s. 4(1)(a). (c) the court has received advice in writing from the authorised psychiatrist of the approved mental health service in which the person is proposed to be detained stating that there are facilities or services available at that service for the assessment of the person's suitability for a restricted involuntary treatment order or a hospital security order— the court may make an order (an assessment order) under which the person is detained in an
S. 99G inserted by No. 53/2003 s. 6. 99G Contents of home detention assessment report s. 99G (1) A home detention assessment report must set out the following matters— (a) the age of the offender; (b) the social history and background of the offender; (c) the medical and psychiatric history of the offender; (d) the offender's educational background; (e) the offender's employment history; (f) the circumstances of any other offences of which the offender has been found guilty and which are known to the author of the report; (g) the extent to which the offender is complying with any sentence currently in force in respect of him or her; (h) the offender's financial circumstances; (i) any special needs of the offender; (j) any courses, programs, treatment, therapy or other assistance that may be available to the offender and from which he or she may benefit; S. 99G(1)(k) amended by No. 43/2010 s. 48(2). (k) an assessment as to whether the offender has a severe substance dependence; S. 99G(1)(l) substituted by No. 52/2008 s. 266, amended by Nos 53/2010 s. 224, 30/2010 s. 28. (l) an assessment of the likelihood that the offender will engage in behaviour or commit an offence in respect of which a final family violence intervention order could be made under the Family Violence Protection Act 2008;
Pt 8 (Heading) repealed by No. 68/2009 s. 97(Sch. item 110.80). * * * * * S. 105 repealed by No. 7/2009 s. 432 (as amended by No. 68/2009 s. 54(r)). * * * * * 106 Saving of royal prerogative of mercy s. 106 This Act does not affect in any manner Her Majesty's royal prerogative of mercy. 107 Release by Governor in exercise of royal prerogative of mercy (1) The Governor may, in any case in which he or she is authorised on behalf of Her Majesty to extend mercy to any person under sentence of imprisonment, do so by directing that he or she be released, even before the end of a non-parole period— (a) on giving an undertaking; or S. 107(1)(b) amended by No. 48/2006 s. 42(Sch. item 32.9). (b) on under and subject to the Corrections Act 1986 or the Children, Youth and Families Act 2005, as the case requires. (2) An undertaking under subsection (1)(a)— (a) must have as a condition that the person be of good behaviour; and (b) may have as a condition that the person be under the supervision of a community corrections officer; and
S. 108M(2) amended by No. 108/2004 s. 117(1) (Sch. 3 item 181.4). (2) Subject to the Council's budget, as many other employees as are necessary to enable the Council to perform its functions may be employed under Part 3 of the Public Administration Act 2004. S. 108N inserted by No. 13/2003 s. 6. 108N Appointment of consultants (1) The Council may engage persons with suitable qualifications and experience as consultants to the Council either in an honorary capacity or for remuneration. (2) The remuneration of consultants shall be determined by the Council having regard to its budget. S. 108O inserted by No. 13/2003 s. 6. 108O Control on expenditure s. 108N Money must only be spent by the Council in defraying expenses incurred by it in performing its functions, including paying any remuneration, salaries or allowances payable to directors, staff or consultants. S. 108P inserted by No. 13/2003 s. 6. 108P Parliamentary requirement for information (1) The Council must comply with any information requirement lawfully made of it by a House of the Parliament or a Parliamentary Committee within the meaning of the Parliamentary Committees Act 1968. (2) In this section information requirement means a requirement to give information of a specified kind within a specified period relating to— (a) the performance by the Council of its functions; or (b) the exercise by the Council of its powers; or (c) the Council's expenditure or proposed expenditure. _______________
(ii) section 50BB(1) (inducing child under 16 to engage in sexual intercourse); (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); Sch. 1 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
Date Signature of accused acknowledging receipt of a copy of this document Date B CERTIFICATE In sentencing for the offence(s) of 1 2 3 this day the court has taken into account the following offences alleged against and admitted by the accused, that is to say the offences numbered on the back of this form. Dated Signature of (Judge) or (Magistrate) Sch. 2 C Number Place where offence committed Date of offence Description of offence (with particulars) 1 2 3 4 etc. _______________
Sentencing Amendment Act 2010, No. 77/2010 (as amended by No. 9/2011) Assent Date: 19.10.10 Commencement Date: Ss 3(a), 12, 27 on 1.5.11: Special Gazette (No. 125) 19.4.11 p. 1 : This information relates only to the provision/s amending the Sentencing Act 1991 Endnotes Statute Law Revision Act 2011, No. 29/2011 Assent Date: 21.6.11 Commencement Date: S. 3(Sch. 1 item 84) on 22.6.11: s. 2(1) : This information relates only to the provision/s amending the Sentencing Act 1991 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Explanatory Details Endnotes