S. 3(1) def. of combined custody and treatment order inserted by No. 48/1997 s. 4(a), repealed by No. 65/2011 s. 3(14)(a). * * * * * S. 3(1) def. of order repealed by No. 65/2011 s. 3(14)(b). * * * * * S. 3(1) def. of community correction order inserted by No. 26/2012 s. 27(1). community correction order means an order made under Part 3A; s. 3 community corrections centre means community corrections centre established under Part 9 of the Corrections Act 1986; community corrections officer means community corrections officer appointed under Part 4 of the Corrections Act 1986; S. 3(1) def. of community service condition repealed by No. 65/2011 s. 3(14)(c). * * * * * S. 3(1) def. of contravention inserted by No. 30/2010 s. 3(a). contravention in relation to a provision of an order or a sentence includes a failure to comply with that provision; based
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 of person repealed by No. 43/2010 s. 48(1)(a).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; S. 3(1) def. of drug treatment order inserted by No. 2/2002 s. 4(1). drug treatment order means an order under Subdivision (1C) of Division 2 of Part 3; S. 3(1) def. of escape offence inserted by No. 41/1993 s. 4(b). escape offence means an offence against section 479C of the Crimes Act 1958; s. 3 S. 3(1) def. of family violence intervention order inserted by No. 30/2010 s. 3(a). family violence intervention order means— (a) a family violence intervention order within the meaning of section 11 of the Family Violence Protection Act 2008; or (b) one of the following orders made under the Crimes (Family Violence) Act 1987 as in force immediately before its repeal— (i) 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; dependent
S. 3(1) def. of repealed by No. 19/1999 s. 16(1). * * * * * S. 3(1) def. of home detention order inserted by No. 53/2003 s. 3, substituted by No. 30/2010 s. 3(b), repealed by No. 48/2011 s. 12. * * * * * s. 3 S. 3(1) def. of hospital security order inserted by No. 69/2005 s. 3(1)(a). hospital security order means— (a) an order made under section 93A; or (b) an order made under section 16A of the Mental Health Act 1986; S. 3(1) def. of indefinite sentence inserted by No. 41/1993 s. 4(c). indefinite sentence means a sentence of imprisonment for an indefinite term imposed under Subdivision (1A) of Division 2 of Part 3; S. 3(1) def. of inspector repealed by No. 43/2010 s. 48(1)(a). * * * * * S. 3(1) def. of instalment order amended by Nos 65/2011 s. 3(5), 26/2012 s. 27(5). instalment order means an order made under Part 3B that a fine be paid by two or more instalments and includes such an order as varied under that Part;
S. 3(1) def. of prescribed officer substituted as prescribed person by No. 48/1997 s. 14(1)(b). prescribed person means a person prescribed under the regulations; prisoner has the same meaning as in the Corrections Act 1986; prison offence has the same meaning as in Part 7 of the Corrections Act 1986; 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 treatment and rehabilitation condition inserted by No. 65/2011 s. 3(1). treatment and rehabilitation condition means a condition that may be attached to a community correction order under section 48D(1); S. 3(1) def. of treatment centre repealed by No. 43/2010 s. 48(1)(a). * * * * * S. 3(1) def. of treatment period repealed by No. 48/1997 s. 14(1)(c). * * * * * s. 3 undertaking means a written undertaking by the offender in the prescribed form; 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 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 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. 3(1) defs of youth training centre and youth training centre order inserted by No. 48/1997 s. 4(e), repealed by No. 48/2006 s. 42(Sch. 32.1(f)). * * * * * S. 3(2) inserted by No. 41/1993 s. 4(g), amended by No. 24/1994 s. 4(2)(a)(i) (ii)(b), repealed by No. 48/1997 s. 7(2), new s. 3(2) inserted by No. 2/2002 s. 4(3). (2) The Minister may, by notice published in the Government Gazette, specify a place for the purposes of paragraph (c) of the definition of secure custody facility in subsection (1).
S. 30 repealed by No. 48/1997 s. 14(6). * * * * * S. 31 amended by Nos 48/1997 s. 15, 10/1999 s. 30, 82/2006 ss 5, 6, 68/2009 s. 97(Sch. items 30/2010 s. 16, repealed by No. 65/2011 s. 18. * * * * * 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 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. 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). s. 32 (a) if the court is the Magistrates' years; and 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. 33(2)(a) amended by No. 48/1997 s. 16(8). (a) cumulatively on any uncompleted sentence or sentences of detention or imprisonment imposed on the young offender in default of payment of a fine or sum of money; but S. 33(2)(b) amended by No. 48/1997 s. 16(8). (b) concurrently with any other uncompleted sentence or sentences of detention or imprisonment imposed on the young offender— whether that other sentence was, or those other sentences were, imposed before or at the same time as that term. S. 33(3) amended by No. 48/1997 ss 16(7)(9), 17(7). (3) A sentence of detention imposed on a young offender which is to be served concurrently with a sentence of imprisonment must be served as imprisonment in a prison until the young offender has served the sentence of imprisonment. (4) This section has effect despite anything to the contrary in any Act. 34 Commencement of sentences s. 34 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.
including any period pending the determination of an appeal, must be reckoned as a period of detention already served under the sentence or restored sentence unless the sentencing court or the court making the order under section 83AR otherwise orders. (2) Subsection (1) does not apply— (a) to a period of custody of less than one day; or S. 35(2)(b) amended by No. 48/1997 s. 11(5). (b) to a sentence of detention of less than one day; or S. 35(2)(c) inserted by No. 48/1997 s. 11(5), amended by Nos 69/1997 s. 6(4), 82/2006 s. 3(4). (c) to a period of custody previously declared under this section or section 18 as reckoned to be a period of detention or imprisonment already served under another sentence of detention or imprisonment or hospital security order imposed on the offender. s. 35 S. 35(3) amended by No. 48/1997 s. 16(4). (3) If a young offender was held in custody in circumstances to which subsection (1) applies, then— S. 35(3)(a) amended by No. 48/1997 s. 16(6). (a) the informant or person who arrested the young offender must, if present before the court, inform it, whether from his or her own 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.
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 based 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
It is an offence under section 83AF for an offender to contravene a written direction given by the Secretary. S. 47 amended by Nos 41/1993 s. 10(3)(4), 45/1996 s. 18(Sch. 2 item 11.11), 48/1997 s. 19(2)(3), 10/1999 s. 30, 10/2004 s. 15(Sch. 1 item 27.1), 68/2009 s. 97(Sch. items substituted by No. 65/2011 s. 21. 47 Court may attach conditions s. 47 (1) A court that is making a community correction order must attach at least one condition in accordance with subsection (2). (2) A court that is making a community correction order may— (a) attach one or more conditions under Division 4; or S. 47(2)(b) amended by No. 26/2012 s. 33. (b) attach a condition under Division 2 of Part 3BA. S. 48 substituted by No. 65/2011 s. 21. 48 Residual condition (1) A court that is making a community correction order may attach in addition to a condition attached in accordance with section 47 any other condition to the order that the court thinks fit, other than a condition about making restitution or the payment of compensation, costs or damages. S. 48(2) amended by No. 26/2012 s. 34. (2) A condition attached under subsection (1) to a community correction order must not be about the subject matter of a condition under Division 4 or Division 2 of Part 3BA. S. 48A inserted by No. 65/2011 s. 21. 48A Matters to be considered when attaching conditions The court must attach conditions to a community correction order in accordance with— (a) the principle of proportionality; and
(e) the offender must notify the Secretary of any change of address or employment within 2 clear working days after the change; (f) the offender must not leave Victoria except with the permission, either generally or in relation to a particular case, of the Secretary; (g) the offender must comply with any direction given by the Secretary that 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. 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, amended by No. 65/2011 s. 26. (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) or section 62A(1) relates.
S. 72(1) amended by No. 48/1997 s. 28(3). (1) A court, on convicting a person of an offence, may adjourn the proceeding for a period of up to 5 years and release the offender on the offender giving an undertaking with conditions attached. (2) An undertaking under subsection (1) must have as conditions— S. 72(2)(a) amended by No. 68/2009 s. 97(Sch. item 110.49). (a) that the offender attends before the court if called on to do so during the period of the adjournment and, if the court so specifies, at the time to which the further hearing is adjourned; and (b) that the offender is of good behaviour during the period of the adjournment; and S. 72(2)(c) amended by Nos 65/2011 s. 29(1), 31/2013 s. 9(2). (c) that the offender observes any conditions attached by the court and may include a condition requiring the offender to make a payment to an organisation that provides a charitable or community service or to the court for payment to such an organisation. S. 72(3) amended by Nos 48/1997 s. 28(1), 65/2011 s. 29(2), 26/2012 s. 56. (3) Subject to Division 2 of Part 3BA, a court may attach a justice plan condition that the offender participate in the services specified in a justice plan for a period of up to 2 years specified by the court or the period of the adjournment, whichever is the shorter. 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.
or to the court for payment to such an organisation. S. 75(3) amended by Nos 48/1997 s. 28(1), 65/2011 s. 30, 26/2012 s. 57. (3) Subject to Division 2 of Part 3BA, a court may attach a justice plan condition that the offender participate in the services specified in a justice plan for a period of up to 2 years specified by the court or the period of the adjournment, whichever is the shorter. S. 75(4) amended by No. 68/2009 s. 97(Sch. item 110.53). (4) An offender who has given an undertaking under subsection (1) may be called on to attend before the court— s. 75 (a) by order of the court; or (b) by notice issued by the proper officer of the court. S. 75(5) amended by No. 68/2009 s. 97(Sch. item 110.54). (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 dismiss the charge without any further hearing of the proceeding. 76 Unconditional dismissal s. 76 A court, on being satisfied that a person is guilty of an offence, may (without recording a conviction) dismiss the charge. 77 Compensation or restitution A court may make an order for compensation or restitution in addition to making an order under this Subdivision.
(c) the offender agrees to a deferral of sentencing— the court may defer sentencing the offender for a period not exceeding 12 months. S. 83A(1A) inserted by No. 77/2010 s. 21(2). (1A) The court may defer sentencing the offender under subsection (1) for any one or more of the following purposes— (a) to allow the offender's capacity for and prospects of rehabilitation to be assessed; (b) to allow the offender to demonstrate that rehabilitation has taken place; (c) to allow the offender to participate in a program or programs aimed at addressing the underlying causes of the offending; s. 83A (d) to allow the offender to participate in a program or programs aimed at addressing the impact of the offending on the victim; (e) for any other purpose that the court considers appropriate having regard to the offender and the circumstances of the case. S. 83A(1B) inserted by No. 77/2010 s. 21(2). (1B) In making an order deferring a sentence under subsection (1), the court may determine the date at which the offender must re-appear before the court for a review of the order. S. 83A(1C) inserted by No. 77/2010 s. 21(2). (1C) Dates fixed under subsection (1B) must be between the date on which the order deferring the sentence is made and the date to which the proceeding has been adjourned. S. 83A(1D) inserted by No. 77/2010 s. 21(2). (1D) On the review of an order deferring a sentence under this section, the court may— (a) take no further action; or (b) cancel the order deferring the sentence and proceed to sentence the offender, as if the
matter were an adjourned hearing to which subsection (3) applies. S. 83A(1E) inserted by No. 77/2010 s. 21(2). (1E) In making an order deferring a sentence under subsection (1), the court may order that any review of the order under subsection (1B) be dealt with by the court constituted by the person who made the order deferring the sentence. S. 83A(2) amended by No. 77/2010 s. 21(3)(a). (2) If the Magistrates' Court or County Court defers sentencing an offender, it— S. 83A(2)(a) amended by No. 77/2010 s. 21(3)(b). (a) must adjourn the proceeding for a period of up to 12 months; and S. 83A(2)(b) amended by Nos. 68/2009 s. 97(Sch. item 110.59), 77/2010 s. 21(3)(c). (b) may release the offender on his or her undertaking to attend before the court on the date fixed for sentence or release the offender on bail or extend his or her bail to that date; and s. 83A (c) may order a pre-sentence report in respect of the offender. S. 83A(3) amended by No. 77/2010 s. 21(4). (3) On the adjourned hearing, the court must, in determining the appropriate sentence for an offender, have regard to— (a) the offender's behaviour during the period of deferral; and S. 83A(3)(b) amended by No. 65/2011 s. 42. (b) subject to section 8D, any pre-sentence report ordered under subsection (2)(c); and (c) any other relevant matter. S. 83A(4) amended by No. 77/2010 s. 21(5). (4) If an offender is found guilty of an offence during a period of deferral under this section, the court may—
than as a public sector employee; and (b) any relevant interest amount; s. 83D SG component means the amount determined by the administrators of a relevant superannuation scheme after, where appropriate, obtaining the advice of an actuary appointed by the administrators to be the amount that would have been the minimum employer financed amount necessary to avoid a superannuation guarantee shortfall within the meaning of the Superannuation Guarantee (Administration) Act 1992 of the Commonwealth in respect of the period during which the offender was a public sector employee which falls within the period commencing on 1 July 1992 and ending on the relevant date; superannuation order means an order made under section 83F; superannuation scheme means a scheme one of the purposes of which is to provide superannuation benefits or pensions; Treasury bond rate means the Treasury bond rate for the last working day of a financial year for bonds with a 10 year term being— (a) if any Treasury bonds with that term were issued on that day, the annual yield on those Treasury bonds; or (b) in any other case, the annual yield on Treasury bonds with that term as published by the Reserve Bank of for that day; value of the total superannuation benefit as at the relevant date means— s. 83D
Pt 4 Div. 2B (Heading and ss 87C–87N) inserted by No. 80/2001 s. 4. Division 2B—Recovery of costs incurred by emergency service agencies S. 87C inserted by No. 80/2001 s. 4. 87C Definitions In this Division— cost recovery order means an order under section 87D(1); emergency includes an apparent emergency; S. 87C def. of emergency service agency amended by No. 51/2005 s. 58(7). emergency service agency means— (a) the police force of ; or (b) the Metropolitan Fire and Emergency Services Board established under the Metropolitan Fire Brigades Act 1958; or (c) the Country Fire Authority appointed under the Country Fire Authority Act 1958; or (d) the Victoria State Emergency Service Authority established under the Emergency Service Act 2005; or (e) Ambulance Service— within the meaning of the Ambulance Services Act 1986; or (f) a public hospital, private hospital, denominational hospital or hospital within the meaning of the Health Services Act 1988; or (g) any other person who, or body that, employs or engages an emergency service worker;
(j) a registered member or probationary member within the meaning of the Victoria State Emergency Service Act 2005 or an employee in the Victoria State Emergency Service; or (k) a volunteer emergency worker within the meaning of the Emergency Management Act 1986; or s. 87C (l) an employee of Ambulance Service— within the meaning of the Ambulance Services Act 1986; or (m) a person employed, or engaged to provide services or perform work, by a public hospital, private hospital, denominational hospital or hospital within the meaning of the Health Services Act 1988; or (n) any other person or body— (i) required or permitted under the terms of their employment by, or contract for services with, the Crown or a government agency to respond to an emergency; or (ii) engaged by the Crown or a government agency to provide services or perform work in relation to a particular emergency; S. 87C def. of government agency amended by No. 51/2005 s. 58(8). government agency has the same meaning as in the Emergency Service Act 2005; statement of costs means a statement referred to in section 87H(2)(d). S. 87D inserted by No. 80/2001 s. 4. 87D Cost recovery order s. 87D
Division 2 or both impose a fine and make such a compensation order; but (b) that the offender has insufficient means to pay them all— the court must give first preference to any compensation order, second preference to a cost recovery order and third preference to a fine. S. 87K inserted by No. 80/2001 s. 4. to give reasons for its decision s. 87J (1) On deciding to grant or refuse an application for a cost recovery order, the court must— (a) state in writing the reasons for its decision; and (b) cause those reasons to be entered in the records of the court. (2) The failure of a court to comply with subsection (1) does not invalidate the decision made by it on the application. S. 87L inserted by No. 80/2001 s. 4. 87L Costs of proceeding Despite any rule of law or practice to the contrary or any provision to the contrary made by or under any other Act, each party to a proceeding under this Division must bear their own costs of the proceeding unless the court otherwise determines. S. 87M inserted by No. 80/2001 s. 4. 87M Right to bring civil proceedings unaffected s. 87L Nothing in this Division takes away from, or affects, the right of an emergency service agency to recover any costs so far as not recovered under this Division. S. 87N inserted by No. 80/2001 s. 4. 87N Enforcement of order A cost recovery 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 State and payment of any
S. 91 amended by Nos 98/1995 s. 64(3)(d), 69/2005 s. 4(3)(b)(4) (ILA s. 39B(1)). 91 Diagnosis, assessment and treatment orders s. 91 S. 91(1) amended by No. 68/2009 s. 97(Sch. item 110.71). (1) If on the trial or hearing of a person for an offence— (a) the person is found guilty; and S. 91(b) amended by No. 98/1995 s. 64(3), substituted by No. 69/2005 s. 4(3)(a). (b) the court is satisfied by the production of a certificate in the prescribed form of a psychiatrist and any other evidence that it may require that— (i) the person appears to be mentally ill; and (ii) the person's mental illness requires treatment and that treatment can be obtained by the person being subject to an order under this section; 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. 91(c) amended by No. 98/1995 s. 64(3)(d), substituted by No. 69/2005 s. 4(3)(a). (c) the court has received a report in the prescribed form from the authorised psychiatrist of the approved mental health service in which the person is proposed to be detained— (i) recommending the making of the order; and (ii) stating that there are facilities or services available at that service for the
(10) If the Magistrates' Court recommits a person to prison under this section, the Corrections Act 1986 applies as if the person had just been convicted by that Court and sentenced to be imprisoned for a term equal to the unexpired term of the original sentence. (11) A fine imposed under this section must be taken for all purposes to be a fine payable on a conviction of an offence. 108 Penalties for offences may be remitted s. 108 The Governor may— (a) remit in whole or in part any sum of money which is imposed under any Act as a penalty or forfeiture; and (b) order the discharge from prison of any person who is imprisoned for non-payment of any sum of money so imposed— although that sum is in whole or in part payable to a party other than the Crown. __________________ Pt 9A (Heading and ss inserted by No. 13/2003 s. 6. S. 108A inserted by No. 13/2003 s. 6. 108A Definitions s. 108A In this Part— Board means board of directors of the Council; chairperson means chairperson of the Board; Council means Sentencing Advisory Council established under section 108B;
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. S. 113D(1A) inserted by No. 7/2009 s. 434 (as amended by No. 68/2009 s. 54(t)). (1A) Despite subsection (1), if a body corporate is found guilty by the Magistrates' Court in a summary hearing of an indictable offence, the maximum fine that the Court may impose on the body corporate is 2500 penalty units. S. 113D(1B) inserted by No. 7/2009 s. 434 (as amended by No. 68/2009 s. 54(t)). (1B) Subsection (1A) is subject to any contrary intention in any Act other than this Act. (2) This section has effect despite anything to the contrary in this Act and despite the prescription of a maximum fine for the offence applicable to all offenders.
(i) any officer within the meaning of Part 5 or Part 9 of the Corrections Act 1986; or (ii) the Commissioner, within the meaning of the Corrections Act 1986; or (iii) a prescribed person or prescribed class of person; or (b) Division 3 of Part 3C of this Act or the regulations except this power of delegation to a person employed in the Department of Justice under Part 3 of the Public Administration Act 2004 at a level of Grade 6 or higher. (2) A delegation under subsection (1) may be to a person or class of persons. s. 115B _______________ Pt 11 (Heading) substituted by No. 65/2011 s. 50. S. 115C inserted by No. 65/2011 s. 69 (as amended by No. 43/2012 s. 3(Sch. item 47.2)). 115C Infringement penalties s. 115C The infringement penalty for an offence against section 83AE or 83AF is 1 penalty unit. S. 115D inserted by No. 65/2011 s. 69 (as amended by No. 43/2012 s. 3(Sch. item 47.2)). 115D Power to serve an infringement notice (1) If the authorised person has reason to believe that an offender has committed an offence referred to in subsection (3), the authorised person may serve an infringement notice on that person.
(2) An offence referred to in subsection (3) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006. (3) An infringement notice may be served in respect of an offence against— (a) section 83AE (offence to fail to obey a particular direction of the Secretary); (b) section 83AF (offence to fail to obey written direction of the Secretary). S. 115E inserted by No. 65/2011 s. 69 (as amended by No. 43/2012 s. 3(Sch. item 47.2)). 115E Appointment of authorised person (1) The Secretary may by instrument, appoint a person as an authorised person. (2) The Secretary in appointing a person under subsection (1) must specify the nature and extent of the appointment. 116 Regulations s. 116 (1) The Governor in Council may make regulations for or with respect to— S. 116(1)(a) repealed by No. 10/1999 s. 31(4)(b), new s. 116(1)(a) inserted by No. 53/2003 s. 7, repealed by No. 48/2011 s. 23. * * * * * S. 116(1)(b) repealed by No. 65/2011 s. 51(a). * * * * *
of when the offence to which the proceeding relates is alleged to have been committed. (3) The amendments of this Act made by a provision of section 13, 15, 19 or 21 of the Sentencing and Other Acts (Amendment) Act 1997 apply to a failure to comply with a sentencing order that is alleged to have occurred after the commencement of that provision, irrespective of when the sentencing order was made. S. 118(3A) inserted by No. 69/1997 s. 19. (3A) The amendment of section 68 of the Crimes Act 1958 made by item 45(a) of Schedule 1 to the Sentencing and Other Acts (Amendment) Act 1997 effecting a change from summary to indictable in the nature of an offence against that section applies only to offences alleged to have been committed after the commencement of that Schedule. S. 118(3B) inserted by No. 69/1997 s. 19. (3B) The amendment of section 70D(1) of the Crimes Act 1958 made by item 51 of Schedule 1 to the Sentencing and Other Acts (Amendment) Act 1997 effecting a change from indictable to indictable triable summarily in the nature of an offence against that section applies to a proceeding for an offence that is commenced after the commencement of that Schedule, irrespective of when the offence to which the proceeding relates is alleged to have been committed. S. 118(3C) inserted by No. 69/1997 s. 19. (3C) The amendments of sections 91 and 343 of the Crimes Act 1958 made by items 67(a) and 99 of Schedule 1 to the Sentencing and Other Acts (Amendment) Act 1997 effecting a change from indictable to summary in the nature of an offence against those sections apply to a proceeding for an offence that is commenced after the commencement of that Schedule, irrespective of when the offence to which the proceeding relates is alleged to have been committed.
Sch. 1 cl. 1(a)(xvie) inserted by No. 57/2005 s. 50(2)(d). (xvie) section 59(1) (bestiality); Sch. 1 cl. 1(a)(xvif) inserted by No. 57/2005 s. 50(2)(d). (xvif) section 60 (soliciting acts of sexual penetration or indecent acts); Sch. 1 cl. 1(a)(xvig) inserted by No. 57/2005 s. 50(2)(d). (xvig) section 68(1) (production of child pornography); Sch. 1 cl. 1(a)(xvih) inserted by No. 57/2005 s. 50(2)(d). (xvih) section 69 (procurement of minor for child pornography); Sch. 1 cl. 1(a)(xvii) inserted by No. 57/2005 s. 50(2)(d). (xvii) section 70(1) (possession of child pornography); Sch. 1 cl. 1(a)(xvij) inserted by No. 57/2005 s. 50(2)(d). (xvij) section 70AC (sexual performance involving a minor); (xvii) section 76 (burglary) in circumstances where the offender entered the building or part of the building as a trespasser with intent to commit a sexual or indecent assault; Sch. 1 (xviii) section 77 (aggravated burglary) in circumstances where the offender entered the building or part of the building as a trespasser with intent to commit a sexual or indecent assault;
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; (ii) section 474.19(1) (using a carriage service for child pornography material); (iii) section 474.20(1) (possessing, controlling, producing, supplying or obtaining child pornography material for use through a carriage service); (iv) section 474.22(1) (using a carriage service for child abuse material); (v) section 474.23(1) (possessing, controlling, producing, supplying or obtaining child abuse material through a carriage service); Sch. 1 (vi) section 474.26 (using a carriage service to procure persons under 16 years of age); (vii) section 474.27 (using a carriage service to "groom" persons under 16 years of age);
(ii) section 19A (intentionally causing a very serious disease); (iii) section 20 (threats to kill); Sch. 1 cl. 3(c) amended by No. 69/1997 s. 21. (c) an offence against, or for which the penalty or the maximum or minimum penalty is 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(d) amended by No. 57/2005 s. 50(4)(a). (d) an offence of conspiracy to commit, incitement to commit or attempting to commit an offence referred to in paragraphs (a) to (c); 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 Sch. 1 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);
section 12 of the Sentencing Amendment (Community Correction Reform) Act 2011, being an order in force immediately before that commencement; old community-based order means a order within the meaning of section 3(1) as in force before the commencement of section 21 of the Sentencing Amendment (Community Correction Reform) Act 2011, being an order in force immediately before that commencement; old intensive correction order means an intensive correction order within the meaning of section 3(1) as in force before the commencement of section 15 of the Sentencing Amendment (Community Correction Reform) Act 2011, being an order in force immediately before that commencement. Part 2—Sentencing Amendment (Community Correction Reform) Act 2011 Sch. 3 2 Combined custody and treatment orders Subject to clause 7 and despite the commencement of section 12 of the Sentencing Amendment (Community Correction Reform) Act 2011, an old combined custody and treatment 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 Intensive correction orders