This Act comes into operation on a day or days to be proclaimed. S. 3 amended by No. 41/1993 s. 4(a). 3 Definitions (1) In this Act— S. 3(1) def. of accredited agency inserted by No. 57/1998 s. 26(3). accredited agency means a person or body approved under the Road Safety Act 1986 as an accredited agency; Adult Parole Board means Adult Parole Board established by section 61 of the Corrections Act 1986; S. 3(1) def. of alcohol exclusion condition inserted by No. 65/2011 s. 3(1). alcohol exclusion condition means a condition that may be attached to a community correction order under section 48J(1); S. 3(1) def. of alcoholic repealed by No. 43/2010 s. 48(1)(a). * * * * * S. 3(1) def. of approved drug and alcohol assessment agency inserted by No. 48/1997 s. 25(1), amended by Nos 46/2008 s. 287(a), 65/2011 s. 3(2). approved drug and alcohol assessment agency means a person or body approved under section 8I by the Secretary to the Department of Health for the purposes of Division 1B of Part 3;
(ii) an intervention order made on grounds referred to in section 4 or 4A of that Act, and subsequently varied or extended under section 16 or 16A of that Act; (iii) an interim intervention order made on grounds referred to in section 8 of that Act; S. 3(1) def. of fine amended by No. 19/1999 s. 12(1). fine means the sum of money payable by an offender under an order of a court made on the offender being convicted or found guilty of an offence and includes costs but does not include money payable by way of restitution or compensation or any costs of or incidental to an application for restitution or compensation payable by an offender under an order of a court; S. 3(1) def. of fine conversion order inserted by No. 65/2011 s. 3(1), amended by No. 26/2012 s. 27(3). fine conversion order means an order made under section 55(1)(d) or (3); s. 3 S. 3(1) def. of fine default unpaid community work order inserted by No. 65/2011 s. 3(1), amended by No. 26/2012 s. 27(4). fine default unpaid community work order means an order made under section 62(10)(a), 62A or 64(4); S. 3(1) def. of repealed by No. 19/1999 s. 16(1). * * * * *
S. 3(1) def. of justice plan amended by Nos 46/1998 s. 7(Sch. 1), 23/2006 s. 226(a), substituted by No. 65/2011 s. 3(6). justice plan means a plan requested under section 80(3)(c); S. 3(1) def. of justice plan condition inserted by No. 65/2011 s. 3(1). justice plan condition means a condition that may be attached to— (a) a community correction order; or (b) an order releasing an offender on adjournment with or without recording a conviction— under section 80(1); 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 learner permit inserted by No. 65/2011 s. 3(1). learner permit has the same meaning as in the Road Safety Act 1986; S. 3(1) def. of legal practitioner inserted by No. 18/2005 s. 18(Sch. 1 item 97.1). s. 3 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), amended by No. 65/2011 s. 3(7). licence restoration report means a report from an accredited agency on an applicant for an order under section 89(2) or section 89AE(1);
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 condition inserted by No. 65/2011 s. 3(1). non-association condition means a condition that may be attached to a community correction order under section 48F(1); non-parole period, in relation to a sentence of imprisonment, means a period fixed in accordance with Subdivision (1) of Division 2 of Part 3 during which the offender is not eligible to be released on parole; S. 3(1) def. of operational period amended by No. 48/1997 s. 14(1)(a). operational period, in relation to a sentence of imprisonment suspended under section 27, means the period for which the whole or a part of the sentence is suspended under section 27(1);
proper officer, in relation to a court, means the officer or officers of that court prescribed by rules of that court for the purpose of the provision in which the term is used; proper venue, in relation to the Magistrates' Court, has the same meaning as in the Magistrates' Court Act 1989; S. 3(1) def. of psychiatric in-patient service repealed by No. 98/1995 s. 64(1)(c). * * * * * S. 3(1) def. of Regional Manager amended by No. 2/2002 s. 4(2), substituted by No. 65/2011 s. 3(8), amended by No. 26/2012 s. 27(6). Regional Manager, in relation to— (a) a drug treatment order; or (b) a community correction order; or s. 3 (ba) a fine conversion order; or (c) a fine default unpaid community work order— means the person appointed under Part 4 of the Corrections Act 1986 to be the Regional Manager of the region in which the community corrections centre specified in the order is located; S. 3(1) def. of residence restriction or exclusion condition inserted by No. 65/2011 s. 3(1). residence restriction or exclusion condition means a condition that may be attached to a community correction order under section 48G(1); S. 3(1) def. of residential treatment facility inserted by No. 23/2006 s. 226(b). residential treatment facility has the same meaning as it has in section 3(1) of the Disability Act 2006;
S. 3(1) def. of residential treatment order inserted by No. 23/2006 s. 226(b), amended by No. 65/2011 s. 3(9). residential treatment order means an order made under section 82AA(1); 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), substituted by No. 65/2011 s. 3(10). Secretary means the Secretary to the Department of Justice; 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 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(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; s. 3 (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. 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. s. 5 (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. 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— (a) is additional to any other matter that is required to be taken into account under Part 2; and (b) does not limit or take away from any such requirement. _______________ Pt 2A (Heading and ss 6A–6F) inserted by No. 48/1997 s. 6. S. 6A inserted by No. 48/1997 s. 6. 6A Application of Part s. 6A This Part applies to a court in sentencing—
(a) a serious sexual offender for a sexual offence or a violent offence; (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;
S. 8J def. of dentist amended by No. 43/2012 s. 3(Sch. item 46.1). dentist means— (a) a person registered or qualified to be registered under the Health Practitioner Regulation National Law— (i) to practise in the dentistry profession (other than as a student); and (ii) in the dentists division of that profession; or (b) a person entitled to practise dentistry in a place out of under an enactment of that place corresponding to the Health Practitioner Regulation National Law, whether or not the person does so practise; medical expert means medical practitioner, dentist or psychologist; medical matters includes dental matters and psychological matters; medical practitioner means— (a) a person registered or qualified to be registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student); or (b) a person entitled to practise medicine in a place out of under an enactment of that place corresponding to the Health Practitioner Regulation National Law, whether or not the person does so practise; medical report means a written statement made under section 8M(1); psychologist means—
S. 16(2)(a) amended by Nos 48/1997 s. 17(1), 48/2006 s. 42(Sch. item 32.3). (a) cumulatively on any uncompleted sentence or sentences of imprisonment or detention in a youth justice centre or youth residential centre imposed on that person in default of payment of a fine or sum of money; but (b) concurrently with any other uncompleted sentence or sentences of imprisonment or detention imposed on that person— s. 16 whether that other sentence was, or those other sentences were, imposed before or at the same time as that term. S. 16(2A) inserted by No. 99/2000 s. 15, amended by No. 32/2006 s. 92(1). (2A) A reference in subsection (2) to a term of imprisonment imposed on a person by a court is to be read as including a reference to a term of imprisonment imposed on a person under Division 2 of Part 12 of the Infringements Act 2006. S. 16(3) amended by Nos 41/1993 s. 8(b), 48/1997 s. 17(1), 48/2006 s. 42(Sch. item 32.3). (3) Every term of imprisonment imposed on a prisoner by a court in respect of a prison offence or an escape offence must, unless otherwise directed by the court because of the existence of exceptional circumstances, be served cumulatively on any uncompleted sentence or sentences of imprisonment or detention in a youth justice centre or youth residential centre imposed on that prisoner, whether before or at the same time as that term. S. 16(3A) inserted by No. 41/1993 s. 8(c), repealed by No. 48/1997 s. 7(5). * * * * *
(i) an indefinite term instead of the unexpired portion of the hospital security order; (ii) release under a re-integration program instead of release on parole. S. 18E(3) inserted by No. 24/1994 s. 6(1), amended by No. 69/2005 s. 3(3)(a). (3) A hospital security order made under section 93A (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 s. 18F 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 s. 18G 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. 18O(2) amended by No. 109/1994 s. 34(14)(b). (2) The Director of Public Prosecutions may appeal to the Court of Appeal against an order made under section 18M(1). S. 18O(3) amended by No. 109/1994 s. 34(14)(b). (3) On an appeal under this section the Court of Appeal may— (a) in the case of an appeal under subsection (1), confirm the refusal and dismiss the appeal or uphold the appeal and make the order that it thinks ought to have been made; or S. 18O(3)(b) amended by No. 68/2009 s. 97(Sch. item 110.12). (b) in the case of an appeal under subsection (2), confirm the order and dismiss the appeal or uphold the appeal and set aside the order made. S. 18O(4) amended by No. 68/2009 s. 97(Sch. item 110.13). (4) An indefinite sentence revives on the setting aside of an order under section 18M(1) and the original warrant to imprison or other authority for the offender's imprisonment is to be regarded as again in force. S. 18P inserted by No. 41/1993 s. 9. 18P Offender to be present during hearings (1) Subject to this section, the offender must be present— (a) during the hearing of evidence under section 18F; (b) during the hearing of a review under section 18H(1)(a) or (b). (2) The court may order the officer in charge of the prison or other institution in which the offender is detained to cause the offender to be brought before the court for a hearing referred to in subsection (1). S. 18P(3) amended by No. 68/2009 s. 97(Sch. item 110.14). (3) Subsection (2) is additional to, and does not limit, the court's powers under section 332 of the Criminal Procedure Act 2009.
(i) a sentence of imprisonment would otherwise be appropriate; and S. 18Z(1)(d)(ii) substituted by No. 65/2011 s. 13(1). (ii) it would not have suspended the sentence in whole or in part; and s. 18Z (e) the Drug Court has received a drug treatment order assessment report on the offender under section 18ZQ. (2) However, a drug treatment order cannot be made in respect of an offender who is subject to— (a) a order; or S. 18Z(2)(b) repealed by No. 65/2011 s. 13(2). * * * * * S. 18Z(2)(c) amended by No. 68/2009 s. 97(Sch. item 110.19). (c) a sentence of the County Court or Supreme Court. (3) The must not make a drug treatment order unless— (a) it is satisfied in all the circumstances that it is appropriate to do so; and (b) the offender agrees in writing to the making of the order and to comply with the treatment and supervision part of the order. Note Section 18ZC sets out what the treatment and supervision part of the order is. (4) The may make a drug treatment order in respect of an offender regardless of whether—
S. 32(2A) inserted by No. 48/1997 s. 16(3), amended by No. 48/2006 s. 42(Sch. item 32.6). (2A) A court must not make a youth justice centre order in respect of a young offender who at the time of being sentenced is under the age of 15 years. S. 32(2B) inserted by No. 48/1997 s. 17(4). (2B) A court must not make a youth residential centre order in respect of a young offender who at the time of being sentenced is aged 15 or more. S. 32(3) amended by Nos 48/1997 ss 16(4), 17(5), 48/2006 s. 42(Sch. item 32.7). (3) The maximum period for which a court may direct that a young offender be detained in a youth justice centre or youth residential centre is— S. 32(3)(a) amended by No. 48/1997 s. 16(5)(a). (a) if the court is the Magistrates' years; and s. 32 S. 32(3)(b) amended by No. 48/1997 s. 16(5)(b). (b) if the court is the County Court or the Supreme Court—3 years. S. 32(4) amended by No. 48/1997 s. 16(1). (4) Subsection (3) applies irrespective of how many offences the young offender is convicted of in the same proceeding. S. 32(5) amended by No. 48/1997 ss 16(6), 17(6). (5) If— S. 32(5)(a) amended by No. 48/1997 ss 16(4), 17(6). (a) a sentence of detention is imposed on a young offender already under such a sentence; and (b) the subsequent sentence is cumulative on the prior sentence; and (c) the aggregate of the periods of the unexpired portion of the prior sentence and the
offender particulars of the matters referred to in that subsection. S. 35(6) amended by No. 48/1997 s. 16(7). s. 35 (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— S. 35(8)(a) amended by No. 48/1997 s. 16(1). (a) the young offender; or (b) the Director of Public Prosecutions, if the sentencing court was the Supreme Court or the County Court; or (c) the informant or police prosecutor, if the sentencing court was the Magistrates' Court. Pt 3 Div. 3 (Heading) repealed by No. 65/2011 s. 20. * * * * * s. 35 __________________
Pt 3A (Heading) inserted by No. 65/2011 s. 21. Pt 3A Div. 1 (Heading) inserted by No. 65/2011 s. 21. Division 1—Preliminary S. 36 amended by No. 48/1997 ss 18, 19(1), 28(1), substituted by No. 65/2011 s. 21. 36 Purpose of an order s. 36 The purpose of a community correction order is to provide a community sentence that may be used for a wide range of offending behaviours while having regard to and addressing the circumstances of the offender. Pt 3A Div. 2 (Heading) inserted by No. 65/2011 s. 21. Division 2—General S. 37 amended by No. 19/1999 s. 8(1), substituted by No. 65/2011 s. 21. 37 Community correction order A court may make a community correction order in respect of an offender if— (a) the offender has been convicted or found guilty of an offence punishable by more than 5 penalty units; and (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.
(g) the offender must comply with any direction given by the Secretary that it is necessary for the Secretary to give to ensure that the offender complies with the order. (2) A direction may be given by the Secretary under subsection (1)(g) either orally or in writing. 62 Enforcement of fines against natural persons s. 62 S. 62(1) amended by Nos 41/1993 s. 13(a), 69/1997 s. 8(2), 10/2004 s. 15(Sch. 1 item 27.3), substituted by No. 65/2011 s. 24(1). (1) If a natural person defaults in the payment of a fine or of any instalment under an instalment order for a period of more than one month, the sentencing court or the proper officer may issue a warrant to arrest the person. S. 62(1A) inserted by No. 65/2011 s. 24(1). (1A) The court or proper officer must not issue a warrant under subsection (1) if an order has been made by the sentencing court under section 62A. (2) A warrant to arrest issued under subsection (1) may be directed to the sheriff. S. 62(2A) inserted by No. 69/1997 s. 9. (2A) A warrant to arrest to be directed to the sheriff may be issued, not in paper form, but by the proper officer signing a document containing the following particulars in relation to persons against whom a warrant is to be issued under subsection (1) and causing those particulars to be transferred electronically to the sheriff in accordance with the regulations, if any— (a) the name of the person in default; (b) the type of warrant; (c) the amount of the fine or instalment remaining unpaid; (d) the date of issue of the warrant;
(c) a plan of available services designed to reduce the likelihood of the offender committing further offences and that is in accordance with the objectives and principles of Part 2 of the Disability Act 2006. (4) When attaching a justice plan condition, the condition may apply for a period of up to 2 years, as specified by the court or the period of the sentence (whichever is the shorter). (5) If a court attaches a justice plan condition it must cause a copy of the order to be supplied to the Secretary to the Department of Human Services. 81 Review of justice plan by Secretary S. 81(1) amended by Nos 46/1998 s. 7(Sch. 1), 65/2011 s. 36(1)(2). (1) The Secretary to the Department of Human Services must review a justice plan— s. 81 S. 81(1)(a) amended by Nos 48/1997 s. 28(2), 65/2011 s. 36(3). (a) not later than one year after the imposing of the order to which the justice plan condition is attached under section 80 and thereafter at intervals not exceeding one year; or (b) as directed by the court at the time of sentencing— until the condition of the sentence ceases to have effect. 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
community corrections centre without the permission of the Secretary. Penalty: Level 11 fine. (6) In this section— unauthorised area means an area designated by the Secretary to be an unauthorised area. (7) A proceeding is not able to be brought against a person for an offence under this section in relation to conduct of that person in respect of which that person has been acquitted, convicted or found guilty of an offence under section 83AD or 83AF. S. 83AF inserted by No. 65/2011 s. 43. 83AF Offence to fail to obey a written direction of Secretary s. 83AF (1) An offender who is subject to a community correction order must not contravene a written direction of the Secretary that is given under section 46 unless that person has a reasonable excuse. Penalty: Level 11 fine. (2) A proceeding is not able to be brought against a person for an offence under subsection (1) in relation to conduct of that person in respect of which that person has been acquitted, convicted or found guilty of an offence under section 83AD or 83AE. Pt 3C Div. 2 (Heading) substituted by No. 26/2012 s. 61. Division 2—Procedure for contravention offence S. 83AG inserted by No. 65/2011 s. 43, substituted by No. 26/2012 s. 62. 83AG Commencement of a proceeding s. 83AG (1) A proceeding for an offence under section 83AB, 83AC, 83AD, 83AE or 83AF is commenced by filing a charge-sheet in the Magistrates' Court.
appropriate, obtaining advice from an actuary appointed by the administrators. (2) For the purposes of the definition of public body in subsection (1), a reference to a public body specified in that definition includes a reference to a public body merged, associated or affiliated with, amalgamated into, succeeding or succeeded by that public body. (3) For the purposes of the definitions of public body and public sector employee in subsection (1), a reference to an Act specified in those definitions includes a reference to any corresponding 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
S. 85L inserted by No. 54/2000 s. 21. 85L Right to bring civil proceedings unaffected s. 85L Nothing in this Subdivision takes away from, or affects, the right of any person to recover damages for any expense or other matter so far as it is not satisfied by payment or recovery of compensation under this Subdivision. S. 85M inserted by No. 54/2000 s. 21, amended by No. 68/2010 s. 70(2). 85M Enforcement of order Subject to section 30 or section 36ZA of the Confiscation Act 1997, a compensation order, including costs ordered to be paid by the offender on the proceeding for that order, 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. Pt 4 Div. 2 Subdiv. (2) (Heading) inserted by No. 54/2000 s. 21. Subdivision (2)—Compensation for property loss. S. 86AA inserted by No. 49/2012 s. 6. 86AA Court to ask if application for compensation order will be made (1) If a court finds a person guilty of, or convicts a person of, an offence and evidence is presented in a proceeding for the offence that loss or destruction of, or damage to, property has occurred as a result of the offence, the court must ask the prosecution whether an application will be made for a compensation order under section 86 in respect of the loss, destruction or damage. (2) To avoid doubt, a person is not prevented from making an application for a compensation order under section 86 merely because the court has not taken the action referred to in subsection (1).
86 Compensation order S. 86(1) amended by Nos 81/1996 s. 74(1)(a)(i)(ii), 54/2000 s. 22(2)(a)(i)(ii), substituted by No. 49/2012 s. 7(1). s. 86 (1) If a court finds a person guilty of, or convicts a person of, an offence it may order the offender to pay to a person who has suffered loss or destruction of, or damage to, property as a result of the offence any compensation (not exceeding the value of the property lost, destroyed or damaged) that the court thinks fit. S. 86(1A) inserted by No. 49/2012 s. 7(1). (1A) An order under subsection (1) may be made— (a) on the application of a person suffering loss or destruction of, or damage to, property as a result of the offence; or (b) subject to subsection (1B)—on the court's own motion. S. 86(1B) inserted by No. 49/2012 s. 7(1). (1B) A court may only make an order under subsection (1) on its own motion if— (a) the person in whose favour the order is to be made does not oppose the order being made; and (b) the court has given the offender the opportunity to be heard in respect of the order. (2) If a court decides to make an order under subsection (1) it may in determining the amount and method of payment of the compensation take into account, as far as practicable, the financial circumstances of the offender and the nature of the burden that its payment will impose. (3) A court is not prevented from making an order under subsection (1) only because it has been unable to find out the financial circumstances of the offender.
(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 s. 108P (b) the exercise by the Council of its powers; or (c) the Council's expenditure or proposed expenditure. _______________ 109 Penalty scale s. 109 (1) An offence that is described in an Act, subordinate instrument or local law as being an offence of a level specified in column 1 of Table 1 or as being punishable by imprisonment of a level specified in that column is, unless the contrary intention appears, punishable by a term of imprisonment not exceeding that specified opposite it in column 2 of the Table. S. 109(1) Table 1 substituted by No. 48/1997 s. 27. TABLE 1 Column 1 Column 2 Level Maximum Term of Imprisonment 1 Life 2 25 years 3 20 years 4 15 years 5 10 years 6 5 years 7 2 years 8 1 year 9 6 months
(2) This section has effect despite anything to the contrary in any Act. S. 113B inserted by No. 48/1997 s. 31. 113B Maximum cumulative term of imprisonment imposable by Magistrates' Court The Magistrates' Court must not impose on any person in respect of several offences committed at the same time cumulative sentences of imprisonment to take effect in succession for a term exceeding in the whole 5 years unless that term is expressly provided by an Act. S. 113C inserted by No. 48/1997 s. 31. 113C Maximum term of imprisonment where none prescribed s. 113C If a person is convicted of an offence against an enactment punishable by imprisonment but the maximum term of imprisonment is not prescribed anywhere, the maximum term of imprisonment to which a court may sentence the offender in respect of that offence is 2 years. S. 113D inserted by No. 69/1997 s. 18. 113D Increased maximum fine for body corporate (1) If a body corporate is found guilty of an offence against the Crimes Act 1958 and the court has power to fine the body corporate, it may, unless the contrary intention appears, impose on the body corporate a fine not greater than 5 times the amount of the maximum fine that could be imposed by the court on a natural person found guilty of the same offence committed at the same time.
old home detention order means a home detention order within the meaning of section 3 as in force before the commencement of section 19 of the 2011 Act, being an order in force immediately before that commencement. (2) Despite the commencement of section 19 of the 2011 Act, an old home detention 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. (3) Despite the commencement of section 25 of the 2011 Act, section 131 of the Personal Safety Intervention Orders Act 2010, as in force before that commencement, is taken to continue to apply on and from that commencement in relation to an old home detention order. (4) Despite the commencement of section 27 of the 2011 Act, sections 17(8), 24(da) and 176AA of the Family Violence Protection Act 2008, as in force before that commencement, are taken to continue to apply on and from that commencement in relation to an old home detention order. S. 142 inserted by No. 18/2010 s. 10. 142 Transitional provision—Justice Legislation Amendment (Victims of Crime Assistance and Other Matters) Act 2010 s. 142 This Act as amended by sections 7, 8 and 9 of the Justice Legislation Amendment (Victims of Crime Assistance and Other Matters) Act 2010 applies to a sentencing hearing of a person for an offence irrespective of when the offence was committed, provided the sentencing hearing 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 s. 143 (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.
S. 144 inserted by No. 9/2011 s. 7. 144 Transitional provision—Sentencing Further Amendment Act 2011 s. 144 On and from the commencement of section 6 of the Sentencing Further Amendment Act 2011 the Sentencing Advisory Council is taken to be the same body as it was immediately before that commencement, despite any changes to the board of directors and no decision, matter or thing is to be affected because of those changes. S. 145 inserted by No. 48/2012 s. 46. 145 Transitional provisions—Criminal Procedure Amendment Act 2012 (1) Section 9 as amended by section 44 of the Criminal Procedure Amendment Act 2012 applies to the sentencing of a person for offences on or after the commencement of section 44 of that Act, irrespective of when the offences were committed or the findings of guilt were made. (2) Section 51 as amended by section 45 of the Criminal Procedure Amendment Act 2012 applies to the sentencing of a person for offences on or after the commencement of section 45 of that Act, irrespective of when the offences were committed or the findings of guilt were made. S. 147 inserted by No. 45/2012 s. 10. 147 Transitional provision—Sentencing Amendment (Community Correction Reform) Act 2011 Schedule 3 has effect. S. 148 inserted by No. 45/2012 s. 10. 148 Transitional provision—Road Safety and Sentencing Acts Amendment Act 2012 (1) Section 38 as amended by section 7 of the Road Safety and Sentencing Acts Amendment Act 2012 applies to a sentence imposed on or after the commencement of section 7 of that Act, irrespective of when the offence was committed or the finding of guilt was made.
Sch. 1 amended by Nos 43/1994 s. 56(Sch. item 6.2), 36/1995 s. 13(2), substituted by No. 48/1997 s. 34. SCHEDULE 1 Sch. 1 1 Sexual offences This clause applies to the following offences— Sch. 1 cl. 1(a) amended by No. 69/1997 s. 21. (a) 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: (i) section 38 (rape); Sch. 1 cl. 1(a)(ia) inserted by No. 2/2006 s. 43(2)(a). (ia) section 38A (compelling sexual penetration) if the person against whom the offence is committed is a child; Sch. 1 cl. 1(a)(ii) substituted by No. 57/2005 s. 50(2)(a). (ii) section 39 (indecent assault); (iii) section 40 (assault with intent to rape); (iv) section 44(1), (2) or (4) (incest) but not section 44(4) if both people are aged 18 or older and each consented (as defined in section 36 of the Crimes Act 1958) to engage in the sexual act; Sch. 1 cl. 1(a)(v) amended by No. 67/2000 s. 10(2)(a)(i). (v) section 45(1) (sexual penetration of child under the age of 16); Sch. 1 cl. 1(a)(vi) repealed by No. 67/2000 s. 10(2)(a)(ii). * * * * *
(vii) section 47(1) (indecent act with child under the age of 16); 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)(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 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); (xiv) section 56 (abduction of child under the age of 16);
(ix) section 48(2) (attempting to unlawfully and carnally know and abuse girl aged between 10 and 16); (x) section 48(2) (assault with intent to unlawfully and carnally know and abuse girl aged between 10 and 16); (xi) section 52 (incest) but not section 52(3) or (4) if the woman or girl is the sister of the offender and both are aged 18 or older and the carnal knowledge or attempt or assault with intent to have unlawful carnal knowledge was or was made with the consent of the sister; Sch. 1 (xii) section 54 (carnal knowledge of female mentally ill or intellectually defective person); (xiii) section 54 (attempted carnal knowledge of female mentally ill or intellectually defective person); (xiv) section 54 (assault with intent to carnally know female mentally ill or intellectually defective person); (xv) section 55(1) (indecent assault); (xvi) section 55(3) (felonious indecent assault); (xvii) section 57(1) or (2) (procuring defilement of woman by threats or fraud or administering drugs); (xviii) section 62 (forcible abduction of woman); (xix) section 68(1) (buggery); (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 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);