S. 3(1) def. of approved mental health service inserted by No. 98/1995 s. 64(1)(a), repealed by No. 26/2014 s. 429(1)(a)). * * * * * S. 3(1) def. of authorised person inserted by No. 30/2010 s. 3(a), substituted by No. 65/2011 s. 3(3). authorised person means a person appointed by the Secretary under section 115E; s. 3 S. 3(1) def. of authorised psychiatrist substituted by No. 26/2014 s. 429(1)(b)). authorised psychiatrist has the same meaning as in the Mental Health Act 2014; S. 3(1) def. of bond condition inserted by No. 65/2011 s. 55. bond condition means a condition that may be attached to a community correction order under section 48JA(1); S. 3(1) def. of Chief of Police inserted by No. 77/2010 s. 3(a) (as amended by No. 9/2011 s. 3), repealed by No. 37/2014 s. 10(Sch. item 151.1(b)). * * * * *
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 S. 3(1) def. of licence restoration report inserted by No. 57/1998 s. 26(3), amended by No. 65/2011 s. 3(7), repealed by No. 56/2013 s. 31. * * * * * local law means local law made under Part 5 of the Local Government Act 1989; S. 3(1) def. of Mental Health Review Board substituted as Mental Health Tribunal by No. 26/2014 s. 429(1)(f). Mental Health Tribunal means the Mental Health Tribunal established by section 152 of the Mental Health Act 2014; S. 3(1) def. of mental illness inserted by No. 98/1995 s. 64(1)(b), amended by No. 26/2014 s. 429(1)(g). mental illness has the same meaning as in the Mental Health Act 2014; S. 3(1) def. of monitored condition inserted by No. 32/2013 s. 23. monitored condition means any of the following conditions— (a) a curfew condition; (b) a place or area exclusion condition; motor vehicle has the same meaning as in the Road Safety Act 1986;
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defs of serious sexual offender, serious violent offence, serious violent offender inserted by No. 41/1993 s. 4(e), repealed by No. 48/1997 s. 7(1).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 of sexual offence inserted by No. 41/1993 s. 4(e), amended by Nos 24/1994 s. 4(1)(a), 22/1996 s. 20, repealed by No. 48/1997 s. 7(1).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), repealed by No. 32/2013 s. 8(c). * * * * *
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 subordinate instrument has the same meaning as in the Interpretation of Legislation Act 1984; S. 3(1) def. of supervision condition substituted by No. 65/2011 s. 3(11). supervision condition means a condition that may be attached to a community correction order under section 48E(1); S. 3(1) def. of Temporary Treatment Order inserted by No. 26/2014 s. 429(2). Temporary Treatment Order means an Order within the meaning of section 45 of the Mental Health Act 2014; S. 3(1) def. of time to pay order inserted by No. 32/2013 s. 46(4). time to pay order means an order made under Part 3B that an offender be allowed time to pay a fine and includes such an order as varied under that Part; 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 young person inserted by No. 41/1993 s. 4(f), repealed by No. 48/1997 s. 4(c). * * * * * s. 3 S. 3(1) def. of young offender amended by No. 48/1997 s. 4(d). young offender means an offender who at the time of being sentenced is under the age of 21 years; S. 3(1) def. of youth justice centre inserted by No. 48/2006 s. 42(Sch. item 32.1(c)). youth justice centre has the same meaning as in the Children, Youth and Families Act 2005; S. 3(1) def. of youth justice centre order inserted by No. 48/2006 s. 42(Sch. item 32.1(c)). youth justice centre order means an order made under Subdivision (4) of Division 2 of Part 3 directing the detention of a young offender in a youth justice centre; S. 3(1) def. of Youth Parole Board substituted by No. 48/2006 s. 42(Sch. item 32.1(d)). Youth Parole Board means Youth Parole Board referred to in section 442 of the Children, Youth and Families Act 2005; S. 3(1) def. of youth residential centre inserted by No. 48/1997 s. 4(e), substituted by No. 48/2006 s. 42(Sch. item 32.1(e)). youth residential centre has the same meaning as in the Children, Youth and Families Act 2005; s. 3
S. 7(1)(b) repealed by No. 65/2011 s. 5(2). * * * * * S. 7(1)(ba) inserted by No. 30/2010 s. 4, repealed by No. 48/2011 s. 13. * * * * * S. 7(1)(c) amended by No. 32/2013 s. 3, repealed by No. 32/2013 s. 9. * * * * * S. 7(1)(d) amended by Nos 48/1997 s. 8(2)(b)(i)(ii), 48/2006 s. 42(Sch. item 32.3). (d) in the case of a young offender, record a conviction and order that the young offender be detained in a youth justice centre; or S. 7(1)(da) inserted by No. 48/1997 s. 8(2)(c). (da) in the case of a young offender, record a conviction and order that the young offender be detained in a youth residential centre; or S. 7(1)(e) amended by No. 65/2011 s. 5(3). (e) with or without recording a conviction, make a community correction order in respect of the offender; or (f) with or without recording a conviction, order the offender to pay a fine; or s. 7 (g) record a conviction and order the release of the offender on the adjournment of the hearing on conditions; or (h) record a conviction and order the discharge of the offender; or
S. 9C(6)(a) substituted by No. 72/2014 s. 11(1). (a) a person who is involved in the commission of the offence within the meaning of section 323(1)(a) or (b) of the Crimes Act 1958; or Note to s. 9C(6)(a) repealed by No. 72/2014 s. 11(2). * * * * * (b) a person who is under the age of 18 years at the time of the commission of the offence. (7) In this section— strike has the meaning given by section 4A of the Crimes Act 1958. S. 10 (Heading) substituted by No. 72/2014 s. 7. S. 10 amended by No. 41/1993 s. 6, expired by force of No. 49/1991 s. 10(5), new s. 10 inserted by No. 6/2013 s. 9. 10 Custodial sentence must be imposed for causing serious injury in circumstances of gross violence s. 10 (1) In sentencing an offender for an offence against section 15A or 15B of the Crimes Act 1958 (whether on appeal or otherwise), a court must impose a term of imprisonment and fix under section 11 a non-parole period of not less than 4 years unless the court finds under section 10A that a special reason exists. Note Section 11(3) requires that a non-parole period must be at least 6 months less than the term of the sentence. (2) Subsection (1) does not apply to— S. 10(2)(a) substituted by No. 63/2014 s. 7(18). (a) a person who is involved in the commission of the offence within the meaning of section 323(1)(a) or (b) of the Crimes Act 1958; or Note to s. 10(2)(a) repealed by No. 63/2014 s. 7(19). * * * * *
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. 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
Pt 3B (Heading and ss 49–69) amended by Nos 41/1993 ss 12–15, 69/1997 ss 7–9, 108/1997 s. 156(e), 10/1999 s. 31(4)(a), 10/2004 s. 15(Sch. 1 items 19/2005 s. 11(2), 32/2006 ss 92(2)(3), 93, 30/2010 s. 19, 65/2011 ss 21–27, 26/2012 ss 38–53, 48/2012 s. 45, substituted as Pt 3B (Heading and ss 49–69ZG) by No. 32/2013 s. 47 (as amended by No. 77/2013 ss 45, 48). Division 1—Fines S. 49 substituted by No. 32/2013 s. 47 (as amended by No. 77/2013 ss 45, 48). 49 Power to fine s. 49 If a person is found guilty of an offence the court may, subject to any specific provision relating to the offence, fine the offender in addition to or instead of any other sentence to which the offender may be liable. S. 50 substituted by No. 32/2013 s. 47 (as amended by No. 77/2013 ss 45, 48). 50 Maximum fine (1) The maximum fine that a court may impose under section 49 is— (a) the appropriate maximum specified in the specific provision; or
S. 81(2) amended by Nos 46/1998 s. 7(Sch. 1), 65/2011 s. 36(4). (2) The Secretary to the Department of Human Services may review a justice plan if an application is made to him or her to do so by— (a) the offender; or S. 81(2)(b) amended by No. 45/1996 s. 18(Sch. 2 item 11.12), substituted by No. 65/2011 s. 36(5). (b) if the sentence is a community correction order, the Secretary; or S. 81(2)(c) amended by Nos 48/1997 s. 14(9), 65/2011 s. 36(6). (c) if the sentence is a an order under Subdivision (2) or (3) of Division 2, a prescribed person or a member of a prescribed class of persons. S. 82 (Heading) inserted by No. 65/2011 s. 37. 82 Review of justice plan condition by sentencing court S. 82(1) amended by Nos 23/2006 s. 228(1), 65/2011 s. 38(1)(2)(a). s. 82 (1) If on an application under this subsection the court which attached a justice plan condition to an order under section 80(1) is satisfied— S. 82(1)(a) amended by No. 65/2011 s. 38(2)(a). (a) that the offender is no longer willing to comply with the condition; or S. 82(1)(b) amended by No. 65/2011 s. 38(2)(a). (b) that the needs of the offender are not being met by the condition; or S. 82(1)(c) amended by No. 65/2011 s. 38(2)(a). (c) that the offender has failed without reasonable excuse to comply with the condition; or
offence that is the subject of the proceeding; and S. 83AM(1)(b) amended by No. 32/2013 ss 20(1), 49(2). (b) the conviction or finding of guilt constitutes a contravention of an order (the original order) under this Act applying to the offender, in respect of which a charge-sheet may be filed for an offence under section 83AC, 83AD, 83ADA or 83ADB; and (c) the original order was made by the Magistrates' Court— despite anything to the contrary in this Division, the relevant sentencing court may proceed to hear and determine the proceeding for the offence under section 83AC, 83AD, 83ADA or 83ADB as if it were an unrelated summary offence within the meaning of section 243 of the Criminal Procedure Act 2009. S. 83AM(2) amended by No. 32/2013 ss 20(2), 49(2). (2) Section 243 of the Criminal Procedure Act 2009 applies to the proceeding for the offence under section 83AC, 83AD, 83ADA or 83ADB— (a) subject to any modifications as set out in the rules of the relevant sentencing court; and (b) with any other necessary modifications. S. inserted by No. 65/2011 s. 43, repealed by No. 26/2012 s. 62. * * * * * S. 83AR inserted by No. 65/2011 s. 43, amended by 26/2012 s. 63, repealed by No. 32/2013 s. 21. * * * * *
S. 85J inserted by No. 54/2000 s. 21. 85J Court to give reasons for its decision (1) On deciding to grant or refuse an application for a compensation order or to refuse to hear and determine such an application, 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. 85K inserted by No. 54/2000 s. 21. 85K 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 Subdivision must bear their own costs of the proceeding unless the court otherwise determines. 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
amount remaining unpaid under the order may be enforced in the court by which it was made. Pt 4 Div. 3 (Heading and ss 87P–89D) amended by Nos 57/1998 s. 26(1)(2), 1/2002 ss 49/2004 ss 43, 44, 59/2004 s. 9, 110/2004 s. 45, 81/2006 s. 7, 68/2009 s. 97(Sch. item 110.69), 69/2009 s. 54(Sch. Pt 1 items 51.3, 51.4), 93/2009 s. 49(1), 83/2012 s. 33(1)–(3), substituted as Pt 4 Div. 3 (Heading and ss by No. 56/2013 s. 32. Division 3—Driver Licences and Learner Cancellation and Driver Disqualification S. 87P substituted by No. 56/2013 s. 32. 87P Definition s. 87P In this Division— serious motor vehicle offence means— (a) manslaughter arising out of the driving of a motor vehicle; or (b) an offence under section 24 of the Crimes Act 1958 in respect of serious injury arising out of the driving of a motor vehicle; or (c) an offence under section 318 of the Crimes Act 1958 arising out of the driving of a motor vehicle (other than the operating of a vessel); or
(5) If a period of suspension or disqualification is not specified by the court on making an order under subsection (4)(a), (b) or (c), the period is 3 months. Notes 1 A person who is disqualified from obtaining a driver licence or learner permit under this section must apply to the Magistrates' Court under Part 3 of the Road Safety Act 1986 for a licence eligibility order if he or she wishes to be granted a driver licence or learner permit under that Act. On the making of a licence eligibility order the Magistrates' Court may give an alcohol interlock condition direction under Part 5 of the Road Safety Act 1986 if a finding was made under section 89C(1) that the disqualifying offence was committed while the person was under the influence of alcohol, or both alcohol and a drug, which contributed to the offence. s. 89 A person disqualified under this section who is granted a driver licence or learner permit must have zero concentration of alcohol present in his or her blood or breath while driving or in charge of a motor vehicle during the first 3 years of that licence or permit or any longer period during which the licence or permit is subject to an alcohol interlock condition. See section 52(1B) of the Road Safety Act 1986. A person who is disqualified from obtaining a driver licence or learner permit or whose driver licence or learner permit is cancelled under this section by order of the Magistrates' Court or Children's Court may appeal to the County Court. See section 29 of the Road Safety Act 1986. See sections 3AD and 3AE of the Road Safety Act 1986 for circumstances in which a person is to be taken to be disqualified from obtaining a driver licence or learner permit or from driving a motor vehicle on a road in Victoria. 2 Particulars of any order made by a court under this section must be sent immediately to the Roads Corporation—see section 87Q.
when sentence was imposed in respect of that conviction. (12) The fact that an offence was taken into account under this section may be proved in the same manner as the conviction or convictions in respect of which it was taken into account may be proved. Division 4—Passing of sentence 101 Time and place of sentence s. 101 (1) The sentence for an offence may be imposed in open court at any time and at any place in . S. 101(2) amended by No. 68/2009 s. 97(Sch. item 110.74). (2) The judge or magistrate presiding at the trial or hearing of an offence or receiving a plea of guilty to an offence or any other judge or magistrate empowered to impose sentence may, when he or she thinks it desirable in the interests of justice so to do and from time to time if necessary— (a) fix, or indicate by reference to a fact or event, the time; and (b) fix the place— at which the sentence is to be imposed. (3) The judge or magistrate who is to impose sentence for an offence may— S. 101(3)(a) amended by No. 68/2009 s. 97(Sch. item 110.75). (a) release the person to be sentenced on the person giving an undertaking conditioned for that person's attendance at the proper time and place; or (b) make an order or orders for the removal in custody of that person from one place in to another.
(4) The quorum for a meeting of the Board at any time is 3 less than the total appointed membership of the Board at that time. (5) A question arising at a meeting of the Board is determined by a majority of the votes of the members present and voting on the question. (6) The person presiding has a deliberative vote and, in the event of an equality of votes on any question, a second or casting vote. (7) Subject to this Part, the Board may regulate its own procedure. S. 108M inserted by No. 13/2003 s. 6. 108M Staff S. 108M(1) amended by No. 108/2004 s. 117(1) (Sch. 3 item 181.4). (1) A chief executive officer of the Council must be employed under Part 3 of the Public Administration Act 2004. 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. 108M Money must only be spent by the Council in defraying expenses incurred by it in performing its
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
Sch. 1 cl. 1(a)(ixa) inserted by No. 7/2014 s. 5(2). (ixa) section 49B(2) (grooming for sexual conduct with child under the age of 16 years). Sch. 1 cl. 1(a)(x) amended by No. 2/2006 s. 43(2)(c). (x) section 51 (sexual offences against persons with a cognitive impairment by providers of medical or therapeutic services); Sch. 1 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); (xv) section 57 (procuring sexual penetration by threats or fraud); Sch. 1 cl. 1(a)(xvi) amended by No. 2/2006 s. 43(2)(e) (as amended by No. 76/2006 s 14(2)(a)). (xvi) section 58 (procuring sexual penetration of a child); Sch. 1 cl. 1(a)(xvia) inserted by No. 20/2004 s. 9. (xvia) section 60AB(2), (3) or (4) (sexual servitude);
Sch. 1 cl. 1(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); (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);
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); Sch. 1 cl. 4(a)(ii) substituted by No. 61/2001 s. 14(1). (ii) section 71AA (trafficking in a quantity of a drug or drugs of dependence that is not less than the commercial quantity applicable to that drug or those drugs); Sch. 1 cl. 4(a)(iii) substituted by No. 61/2001 s. 14(1). (iii) section 72 (cultivation of a narcotic plant in a quantity of a drug of dependence, being a narcotic plant, that is not less than the large commercial quantity applicable to that narcotic plant); Sch. 1 cl. 4(a)(iv) substituted by No. 61/2001 s. 14(1). (iv) section 72A (cultivation of a narcotic plant in a quantity of a drug of dependence, being a narcotic plant, that is not less than the commercial quantity applicable to that narcotic plant); Sch. 1 cl. 4(a)(v) substituted by No. 61/2001 s. 14(1). (v) section 79(1) or 80(3)(a) (conspiracy) where the conspiracy is to commit an offence against section 71, 71AA, 72 or 72A of that Act or an offence under a law in force in a place outside Victoria that is a corresponding law in relation to section 71, 71AA, 72 or 72A of that Act;
Sch. 1 cl. 4(ba) inserted by No. 93/2005 s. 15(2), repealed by No. 29/2011 s. 3(Sch. 1 item 84(a)). * * * * * Sch. 1 cl. 4(c) repealed by No. 61/2001 s. 14(2). * * * * * Sch. 1 5 Arson offences This clause applies to the following offences— (a) an offence against any of the following sections of the Crimes Act 1958: (i) section 197 (destroying or damaging property) in circumstances where the offence is charged as arson; (ii) section 197A (arson causing death); Sch. 1 cl. 5(a)(iii) inserted by No. 10/2003 s. 13. (iii) section 201A (intentionally or recklessly causing a bushfire); (b) the common law offence of arson; Sch. 1 cl. 5(ba) inserted by No. 69/2014 s. 19(a). (ba) an offence against section 66 of the Forests Act 1958 (placing inflammable material for the purpose of causing fire); Sch. 1 cl. 5(bb) inserted by No. 69/2014 s. 19(a). (bb) an offence against section 39C of the Country Fire Authority Act 1958 (causing fire in a country area with intent to cause damage); Sch. 1 cl. 5(c) amended by No. 69/2014 s. 19(b). (c) an offence of conspiracy to commit, incitement to commit or attempting to commit an offence referred to in paragraph (a) (b), (ba) or (bb). Sch. 1 _______________
(5) If any proceedings are taken against you in respect of any offence that you have asked to have taken into account your admission of that offence cannot be used as evidence against you in those proceedings. Signature of (police officer) or (Associate Crown Prosecutor) or (Crown Prosecutor) or (Director of Public Prosecutions) 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 PART C Number Place where offence committed Date of offence Description of offence (with particulars) 1 2 3 4 etc.
Assent Date: 13.9.05 Commencement Date: S. 50 on 3.4.06: Government Gazette 30.3.06 p. 615 : This information relates only to the provision/s amending the Sentencing Act 1991 Sentencing and Mental Health Acts (Amendment) Act 2005, No. 69/2005 Assent Date: 11.10.05 Commencement Date: Ss 3–6 on 1.10.06: s. 2(3) : This information relates only to the provision/s amending the Sentencing Act 1991 Crimes (Homicide) Act 2005, No. 77/2005 Assent Date: 22.11.05 Commencement Date: S. 8(4) on 23.11.05: s. 2 : This information relates only to the provision/s amending the Sentencing Act 1991 Road Safety and Other Acts (Vehicle Impoundment and Other Amendments) Act 2005, No. 93/2005 Assent Date: 29.11.05 Commencement Date: S. 15 on 30.11.05: s. 2(1) : This information relates only to the provision/s amending the Sentencing Act 1991 Endnotes Health Professions Registration Act 2005, No. 97/2005 Assent Date: 7.12.05 Commencement Date: S. 182(Sch. 4 item 45) on 1.7.07: s. 2(3) : This information relates only to the provision/s amending the Sentencing Act 1991 Crimes (Sexual Offences) Act 2006, No. 2/2006 (as amended by No. 76/2006) Assent Date: 7.3.06 Commencement Date: S. 43 on 1.12.06: s. 2(2) : This information relates only to the provision/s amending the Sentencing Act 1991 Disability Act 2006, No. 23/2006 Assent Date: 16.5.06 Commencement Date: Ss 226–230 on 1.7.07: s. 2(3) : This information relates only to the provision/s amending the Sentencing Act 1991 Education and Training Reform Act 2006, No. 24/2006 Assent Date: 16.5.06 Commencement Date: S. 6.1.2(Sch. 7 item 35) on 1.7.07: Government Gazette 28.6.07 p. 1304 : This information relates only to the provision/s amending the Sentencing Act 1991