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);
S. 3(1) def. of personal development condition repealed by No. 65/2011 s. 3(14)(e). * * * * * S. 3(1) def. of personal safety intervention order inserted by No. 53/2010 s. 221(Sch. item 10.1(a)). personal safety intervention order means— (a) a personal safety intervention order within the meaning of the Personal Safety Intervention Orders Act 2010; or (b) an intervention order within the meaning of the Stalking Intervention Orders Act 2008 (as in force immediately before its repeal); or s. 3 (c) an order made under section 4 of the Crimes (Family Violence) Act 1987 of a kind referred to in section 21A(5) of the Crimes Act 1958, both as in force immediately before their repeal; S. 3(1) def. of place or area exclusion condition inserted by No. 65/2011 s. 3(1). place or area exclusion condition means a condition that may be attached to a community correction order under section 48H(1); 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 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 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 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). * * * * * undertaking means a written undertaking by the offender in the prescribed form;
S. 5(2AC) inserted by No. 69/1997 s. 4. (2AC) Nothing in subsection (2AB) requires a court to state the sentence that it would have imposed but for the undertaking that was given. (2) In sentencing an offender a court must have regard to— (a) the maximum penalty prescribed for the offence; and s. 5 (b) current sentencing practices; and (c) the nature and gravity of the offence; and (d) the offender's culpability and degree of responsibility for the offence; and S. 5(2)(daaa) inserted by No. 77/2009 s. 3. (daaa) whether the offence was motivated (wholly or partly) by hatred for or prejudice against a group of people with common characteristics with which the victim was associated or with which the offender believed the victim was associated; and S. 5(2)(daa) inserted by No. 15/2005 s. 3. (daa) the impact of the offence on any victim of the offence; and S. 5(2)(da) inserted by No. 24/1994 s. 5. (da) the personal circumstances of any victim of the offence; and S. 5(2)(db) inserted by No. 24/1994 s. 5. (db) any injury, loss or damage resulting directly from the offence; and (e) whether the offender pleaded guilty to the offence and, if so, the stage in the proceedings at which the offender did so or indicated an intention to do so; and (f) the offender's previous character; and
(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. 8S inserted by No. 65/2011 s. 7. 8S Alternative arrangements for examination s. 8S (1) On the application of a victim or other person who gives evidence under section 8O or 8P, on the application of the prosecutor or on its own motion, the court may direct that alternative arrangements be made for the examination and of that person. (2) A direction made under subsection (1) may include— (a) permitting the person to be examined and cross-examined from a place other than the court room by means of a closed-circuit television or other facilities that enable communication between that place and the court room; (b) using screens to remove the person from the direct line of vision of the offender; (c) permitting a person, chosen by the person being examined and cross-examined and approved by the court for this purpose, to be beside the person being examined and crossexamined during the examination and cross-examination, for the purpose of providing emotional support for the person being examined and cross-examined; (d) permitting only persons specified by the court to be present while the person is being examined and cross-examined; (e) requiring legal practitioners not to robe; (f) requiring legal practitioners to be seated while examining or cross-examining the person. (3) The court may, on the application of a person who gives evidence under section 8O or 8P, on the application of the prosecutor or on its own motion,
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). * * * * *
(whether oral or written and whether on oath or otherwise) of the length of the period of custody. S. 18(4) amended by No. 48/1997 s. 11(3). (4) If an offender was held in custody in circumstances to which subsection (1) applies, then the court must declare the period to be reckoned as already served under the sentence and cause to be noted in the records of the court the fact that the declaration was made and its details. S. 18(4A) inserted by No. 53/2003 s. 4(4), repealed by No. 30/2010 s. 7(a). * * * * * S. 18(5) amended by No. 69/1997 s. 6(3). (5) The person with custody of the record referred to in subsection (4) must indorse on the warrant or other authority for the imprisonment or detention of the offender particulars of the matters referred to in that subsection. S. 18(5A) inserted by No. 53/2003 s. 4(5), repealed by No. 30/2010 s. 7(a). * * * * * s. 18 (6) If a person 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. S. 18(7) amended by Nos 53/2003 s. 4(6), 30/2010 s. 7(d). (7) If on an application under this subsection the sentencing court is satisfied that the period declared under subsection (4) was not correct it
(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.
(a) the convicts the offender of the offence and imposes a sentence of imprisonment on the offender in respect of the offence; and S. 18ZO(3)(b) substituted by No. 65/2011 s. 14(2). (b) the Drug Court does not suspend the sentence in whole or in part; and (c) the does not order under subsection (2) that the sentence is subsumed within the custodial part of the drug treatment order— the must cancel the treatment and supervision part of the drug treatment order under section 18ZN(1)(b) and take an action under subparagraph (i) or (ii) of that section. S. 18ZP inserted by No. 2/2002 s. 5. 18ZP Cancellation s. 18ZP (1) The may cancel the treatment and supervision part of a drug treatment order if it is satisfied on the balance of probabilities that— (a) before the order was made, the offender's circumstances were not accurately presented to either the or the author of the drug treatment order assessment report on the offender; or (b) the offender will not be able to comply with a condition attached to the order because the circumstances of the offender have materially changed since the order was made; or s. 18ZP (c) the offender is no longer willing to comply with one or more conditions attached to the order; or (d) the continuation of the treatment and supervision part of the order is not likely to
2 years, in the case of the Magistrates' Court— whichever is the longer. S. 27(2B) inserted by No. 82/2006 s. 4(2), substituted by No. 77/2010 s. 12(1) (as amended by No. 9/2011 s. 4). (2B) Despite subsection (1), a court must not make an order suspending the whole or a part of a sentence of imprisonment imposed on an offender for a serious offence or for a significant offence. Note A suspended sentence may be available for a serious offence or for a significant offence committed before the commencement of section 12 of the Sentencing Amendment Act 2010. S. 27(2C) inserted by No. 82/2006 s. 4(2), repealed by No. 77/2010 s. 12(2) (as amended by No. 9/2011 s. 4). * * * * * (3) A court must not impose a suspended sentence of imprisonment unless the sentence of imprisonment, if unsuspended, would be appropriate in the circumstances having regard to the provisions of this Act. S. 27(4) substituted by No. 48/1997 s. 14(3). (4) A court proposing to make an order suspending a sentence of imprisonment must before making the order explain, or cause to be explained, to the offender in language likely to be readily understood by him or her— s. 27 (a) the purpose and effect of the proposed order; and (b) the consequences that may follow if he or she commits, whether in or outside , another offence punishable by imprisonment during the operational period of the sentence.
S. 27A inserted by No. 30/2010 s. 15, repealed by No. 48/2011 s. 20. * * * * * S. 28 amended by No. 23/1994 s. 118(Sch. 1 item 51), repealed by No. 48/1997 s. 14(6). * * * * * S. 29 amended by Nos 48/1997 s. 14(7), 65/2011 s. 17. 29 Effect of suspended sentence s. 29 An offender in respect of whom a suspended sentence has been imposed under section 27 only has to serve the sentence or part sentence held in suspense if he or she is ordered to do so under section 83AR. 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. * * * * *
term to be served and service of the sentence is suspended during that period. S. 34(4) amended by No. 48/1997 s. 17(7). (4) Despite anything to the contrary in this or any other Act or in any rule of law or practice, a sentence of detention must be calculated exclusive of any time during which service of it is suspended under subsection (2) or (3). S. 34(5) amended by No. 48/1997 ss 16(4), 17(7). (5) If a young offender to whom subsection (3) applies is in the period during which service of the sentence is suspended under that subsection detained or imprisoned under another sentence, the unexpired portion of the suspended sentence takes effect— s. 34 (a) if it is to be served cumulatively on the sentence or sentences he or she is then undergoing—on the day that sentence is, or those sentences are, completed; or (b) in any other case—at the end of the period of suspension. S. 34(6) amended by No. 48/1997 ss 16(4), 17(7). (6) If a young offender sentenced to a term of detention and allowed to be or to go at large pending an appeal or the consideration of any question of law reserved or case stated is detained or imprisoned under another sentence at the time when the appeal, question of law or case stated is finally determined, the first-mentioned sentence or the unexpired portion of it takes effect— (a) if it is to be served cumulatively on the sentence or sentences he or she is then undergoing—on the day that sentence is, or those sentences are, completed; or (b) in any other case—on the day on which the appeal, question of law or case stated is finally determined.
(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. S. 35(4) amended by No. 48/1997 ss 11(6), 16(4). (4) If a young offender was held in custody in circumstances to which subsection (1) applies, then the court must declare the period to be reckoned as already served under the sentence and cause to be noted in the records of the court the fact that the declaration was made and its details. S. 35(5) amended by No. 48/1997 s. 16(1). (5) The person with custody of the record referred to in subsection (4) must indorse on the warrant or other authority for the detention of the young
(b) he or she had taken all reasonable steps in carrying on the business of the body corporate to ensure that it would be able to meet its liabilities as and when they became due. S. 51 amended by No. 30/2010 s. 19 (ILA s. 39B(1)). 51 Aggregate fines s. 51 (1) If a person is found guilty of two or more offences which are founded on the same facts, or form, or are part of, a series of offences of the same or a similar character, the court may impose one fine in respect of those offences that does not exceed the sum of the maximum fines that could be imposed in respect of each of those offences. S. 51(2) inserted by No. 30/2010 s. 19, amended by No. 48/2012 s. 45(1). (2) If a court imposes an aggregate fine in respect of 2 or more offences, the court— (a) is not required to identify separate events giving rise to specific charges; and (b) is not required to announce— (i) the sentences that would have been imposed for each offence had separate sentences been imposed; or (ii) whether those sentences would have been imposed concurrently or cumulatively. S. 51(2A) inserted by No. 48/2012 s. 45(2). (2A) For the avoidance of doubt, an aggregate fine may be imposed in respect of convictions for offences that are the subject of a rolled-up charge or a representative charge. Note A representative charge is a charge in an indictment for an offence that is representative of a number of offences of the same type alleged to have been committed by the accused. A rolled-up charge is a charge in an indictment that alleges that the accused has committed more than one offence of the same type between specified dates.
(b) not less than 5 days before the date of hearing of the application— (i) delivering to the offender personally a true copy of the application; or (ii) leaving a true copy of the application for the offender at his or her last known place of residence or business with a person who apparently resides or works there and who apparently is not less than 16 years old. Pt 3 Div. 7 (Heading) substituted as Pt 3B Div. 4 (Heading) by No. 65/2011 s. 41, renumbered as Pt 3BA Div. 3 by No. 26/2012 s. 60. Pt 3 Div. 7 (Heading and s. 83A) inserted by No. 19/1999 s. 9. Division 3—Deferral of sentencing in the Magistrates' Court or County Court S. 83A inserted by No. 19/1999 s. 9. 83A Deferral of sentencing s. 83A S. 83A(1) amended by No. 77/2010 s. 21(1) (a)(d)(e). (1) If the Magistrates' Court or County Court finds a person guilty of an offence and— S. 83A(1)(a) amended by No. 72/2004 s. 39, repealed by No. 77/2010 s. 21(1)(b). * * * * *
(2) An offender who is subject to a community correction order and who is required to attend at a place under a direction given by the Secretary in compliance with section 45(1)(f), must, unless the offender has a reasonable excuse, notify the Secretary if he or she is unable to attend as required— (a) at least 24 hours before the offender is due to attend the location if the offender has at least 24 hours notice of that inability; or (b) immediately on becoming unable to attend if the offender did not have at least 24 hours notice of his or her inability to attend at the location. Penalty: Level 11 fine. (3) An offender who is subject to a community correction order and who is required to attend at a place under a direction given by the Secretary in compliance with section 45(1)(f), must attend at the place on the required day and time unless— (a) the offender has obtained the permission of the Secretary not to attend; or (b) the offender has a reasonable excuse. Penalty: Level 11 fine. (4) An offender who is subject to a community correction order and who is required to attend at a place under a direction given by the Secretary in compliance with section 45(1)(f) must produce a medical certificate, as soon as is practicable, if the offender has not attended because of illness. Penalty: Level 11 fine. (5) An offender who is subject to a community correction order who is required to attend at a community corrections centre under the order must not enter an unauthorised area of the
may be heard and determined without a jury and in accordance with Chapter 3 of the Criminal Procedure Act 2009 subject to any modifications as set out in the rules of the court. S. 83AK inserted by No. 65/2011 s. 43, substituted by No. 26/2012 s. 62. 83AK Issue of warrant to arrest on failure to comply with bail or summons s. 83AK If a proceeding is transferred under section 83AJ and an offender does not attend before the sentencing court— (a) in accordance with his or her undertaking of bail; or (b) in answer to a summons which has been served— the sentencing court may issue a warrant to arrest the offender. S. 83AL inserted by No. 65/2011 s. 43, substituted by No. 26/2012 s. 62. 83AL Process where offender before higher court, orders of that court s. 83AL (1) If in a proceeding before the Supreme Court or the County Court (the relevant sentencing court)— (a) an offender is before the relevant sentencing court and is convicted or found guilty of the offence that is the subject of the proceeding; and (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 83AB, 83AC or 83AD; and
(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 3—Forfeiture and disqualification S. 87P inserted by No. 1/2002 s. 11. 87P Interpretation (1) In this Division— alcohol interlock has the meaning given by section 3(1) of the Road Safety Act 1986; alcohol interlock condition means a condition imposed on a driver licence in accordance with a direction under section 89A; approved alcohol interlock has the meaning given by section 3(1) of the Road Safety Act 1986; approved alcohol interlock supplier has the meaning given by section 3(1) of the Road Safety Act 1986. (2) In determining whether an offence is a first or subsequent offence for the purposes of section 89A or 89B— (a) section 48(2) of the Road Safety Act 1986 applies as though it included a reference to a person who is convicted of an offence referred to in any one of the paragraphs of section 89(1) of this Act; and (b) section 50AA of the Road Safety Act 1986, including the table in that section, applies as though— (i) section 89A(2) and (3), and section 89B(2), of this Act were specified in column 1 of the table; and (ii) the event specified in relation to those sections in column 2 of the table were the making of the application under section 89(2). 88 Effect where punishment suffered for indictable offence s. 88
Note to s. 89(3E) inserted by No. 1/2002 s. 12(c). s. 89 Note The court may, in making the order sought, be permitted or required to direct the Roads Corporation to impose an alcohol interlock condition on a driver licence granted to the applicant: see section 89A. S. 89(3F) inserted by No. 69/2009 s. 54(Sch. Pt 1 item 51.3). (3F) Nothing in subsection (3E) prevents the application of Part 3.10 of the Evidence Act 2008 to a proceeding under subsection (2). (4) If a court finds a person guilty, or convicts a person, of stealing or attempting to steal a motor vehicle, the court may (in the case of a finding of guilt) and must (in the case of a conviction)— (a) if the offender holds a driver licence— (i) cancel that licence and, if the court thinks fit, also disqualify him or her from obtaining one for such time as it thinks fit; or (ii) suspend that licence for such time as it thinks fit; or (b) if the offender does not hold a driver licence, disqualify him or her from obtaining one for such time as it thinks fit. S. 89A inserted by No. 1/2002 s. 13. 89A Direction to impose alcohol interlock condition s. 89A (1) This section applies if— (a) a person was disqualified under section 89 from obtaining a driver licence because he or she was found guilty of an offence; and (b) there was a finding that the person was under the influence of alcohol when the offence was committed which contributed to the commission of the offence; and (c) the person makes an application under section 89(2) for an order; and
(1) The amendment of this Act made by section 4 of the Sentencing (Emergency Service Costs) Act 2001 applies only to offences alleged to have been committed on or after the commencement of that Act. (2) For the purposes of subsection (1), if an offence is alleged to have been committed between two dates, one before and one after the commencement of the Sentencing (Emergency Service Costs) Act 2001, the offence is alleged to have been committed before that commencement. S. 126 inserted by No. 2/2002 s. 7. 126 Transitional provisions—Sentencing (Amendment) Act 2002 s. 126 Subdivision (1C) of Division 2 of Part 3 applies to the sentencing of a person for an offence, irrespective of when the offence was committed. S. 126B inserted by No. 1/2002 s. 14. 126B Application of amendment made by the Road Safety (Alcohol Interlocks) Act 2002 S. 126B(1) substituted by No. 49/2004 s. 45(1). (1) Subject to subsection (1A), on and from the commencement of Part 9 of the Transport Legislation (Miscellaneous Amendments) Act 2004, section 89A applies to offences, irrespective of when they were committed including (for the avoidance of doubt) whether they were committed before, on or after the commencement of section 14 of the Road Safety (Alcohol Interlocks) Act 2002. S. 126B(1A) inserted by No. 49/2004 s. 45(2). (1A) The application of section 89A to an offence continues as provided by subsection (1), as in force immediately before the commencement of Part 9 of the Transport Legislation (Miscellaneous Amendments) Act 2004 for the
on or after that commencement, irrespective of when that contravention was committed. S. 141A inserted by No. 48/2011 s. 24. 141A Transitional provision—Sentencing Legislation Amendment (Abolition of Home Detention) Act 2011 s. 141A (1) In this section— 2011 Act means the Sentencing Legislation Amendment (Abolition of Home Detention) Act 2011; 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
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; Sch. 1 cl. 1(ab) inserted by No. 67/2000 s. 10(2)(b). (ab) an offence against section 45(1) (sexual penetration of child under the age of 10) (as amended) of the Crimes Act 1958 inserted in the Crimes Act 1958 on 5 August 1991 by section 3 of the Crimes (Sexual Offences) Act 1991 and repealed by
(4) If in a proceeding for an offence under subclause (1) for a contravention of an old combined custody and treatment order, the court finds the person guilty of the offence the court, in addition to sentencing the offender for that offence, must— Sch. 3 cl. 7(4)(a) substituted by No. 26/2012 s. 67. (a) whether or not the order has expired, confirm the order that was contravened and if necessary to enable the offender to perform the remaining period and conditions of the order, vary the duration and dates of the order; or Sch. 3 (b) whether or not the offender has served any part of the sentence in the community, order the offender to serve in custody the whole or part of the sentence that was to be served in the community. (5) The court must make an order under subclause (4)(b), unless the court is of the opinion that it would be unjust to do so in view of any exceptional circumstances which have arisen since the order that was contravened was made. (6) If the court decides not to exercise the power under subclause (4)(b) it must state its reasons for doing so in writing. (7) If the court makes an order under subclause (4)(b), the term of imprisonment which the offender must serve in custody must be served— (a) immediately or, if the offender is still serving the original custodial part of the sentence, immediately on completion of service of that part of the sentence; and (b) unless the court otherwise orders, cumulatively on any other term of imprisonment previously imposed on the offender by that or any other court.
Assent Date: 18.6.02 Commencement Date: S. 28(Sch. item 5.1) on 2.5.02: s. 2(2); s. 28(Sch. item 5.2) on 19.6.02: s. 2(1) : This information relates only to the provision/s amending the Sentencing Act 1991 Crimes (Property Damage and Computer Offences) Act 2003, No. 10/2003 Assent Date: 6.5.03 Commencement Date: Ss 13, 14 on 7.5.03: s. 2 : This information relates only to the provision/s amending the Sentencing Act 1991 Sentencing (Amendment) Act 2003, No. 13/2003 Assent Date: 6.5.03 Commencement Date: Ss 4–6 on 1.7.04: s. 2(3) : This information relates only to the provision/s amending the Sentencing Act 1991 Corrections and Sentencing Acts (Home Detention) Act 2003, No. 53/2003 Assent Date: 16.6.03 Commencement Date: Ss 3–8 on 1.1.04: s. 2(5) : This information relates only to the provision/s amending the Sentencing Act 1991 Confiscation (Amendment) Act 2003, No. 63/2003 Assent Date: 30.9.03 Commencement Date: S. 50 on 1.12.03: s. 2(2) : This information relates only to the provision/s amending the Sentencing Act 1991 Monetary Units Act 2004, No. 10/2004 Assent Date: 11.5.04 Commencement Date: Ss 13, 15(Sch. 1 item 27) on 1.7.04: s. 2(2) : This information relates only to the provision/s amending the Sentencing Act 1991 Justice Legislation (Sexual Offences and Bail) Act 2004, No. 20/2004 Endnotes Assent Date: 18.5.04 Commencement Date: S. 9 on 19.5.04: s. 2 : This information relates only to the provision/s amending the Sentencing Act 1991 Transport Legislation (Miscellaneous Amendments) Act 2004, No. 49/2004 Assent Date: 16.6.04 Commencement Date: Ss 43–45 on 17.6.04: s. 2(1) : This information relates only to the provision/s amending the Sentencing Act 1991 Crimes (Dangerous Driving) Act 2004, No. 59/2004
Assent Date: 12.10.04 Commencement Date: S. 9 on 13.10.04: s. 2 : This information relates only to the provision/s amending the Sentencing Act 1991 Sentencing (Superannuation Orders) Act 2004, No. 65/2004 Assent Date: 12.10.04 Commencement Date: S. 3 on 13.10.04: s. 2 : This information relates only to the provision/s amending the Sentencing Act 1991 Children and Young Persons (Age Jurisdiction) Act 2004, No. 72/2004 Assent Date: 9.11.04 Commencement Date: Ss 38–40 on 1.7.05: s. 2(2) : This information relates only to the provision/s amending the Sentencing Act 1991 Major Crime Legislation (Seizure of Assets) Act 2004, No. 87/2004 Assent Date: 23.11.04 Commencement Date: S. 24 on 1.1.05: s. 2(2) : This information relates only to the provision/s amending the Sentencing Act 1991 Public Administration Act 2004, No. 108/2004 Assent Date: 21.12.04 Commencement Date: S. 117(1)(Sch. 3 item 181) on 5.4.05: Government Gazette 31.3.05 p. 602 : This information relates only to the provision/s amending the Sentencing Act 1991 Transport Legislation (Amendment) Act 2004, No. 110/2004 Assent Date: 21.12.04 Commencement Date: S. 45 on 22.12.04: s. 2(1) : This information relates only to the provision/s amending the Sentencing Act 1991 Serious Sex Offenders Monitoring Act 2005, No. 1/2005 Assent Date: 1.3.05 Commencement Date: S. 48 on 26.5.05: Government Gazette 26.5.05 p. 1069 : This information relates only to the provision/s amending the Sentencing Act 1991 Statute Law Revision Act 2005, No. 10/2005 Assent Date: 27.4.05 Commencement Date: S. 4(Sch. 2 item 2) on 28.4.05: s. 2 : This information relates only to the provision/s amending the Sentencing Act 1991 Sentencing (Further Amendment) Act 2005, No. 15/2005
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