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 of person repealed by No. 43/2010 s. 48(1)(a).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 security resident substituted by No. 23/2006 s. 226(c). security resident has the same meaning as it has in section 3(1) of the Disability Act 2006; S. 3(1) def. of sentencing court inserted by No. 65/2011 s. 3(1). sentencing court, in relation to an order made under this Act, means the court that made the order; S. 3(1) def. of serious offence inserted by No. 41/1993 s. 4(e), amended by Nos 67/2000 s. 10(1)(a)(b), 77/2005 s. 8(4)(a), 82/2006 s. 7(1), 2/2006 s. 43(1) (as amended by No. 76/2006 s. 14(1)), 7/2008 s. 7(4)(a). serious offence, for the purposes of Subdivision (1A) of Division 2 of Part 3 (indefinite sentences) and Subdivision (3) of that Division (suspended sentences of imprisonment), means— s. 3 (a) murder; or (b) manslaughter; or (baa) child homicide; or (ba) defensive homicide; or (c) an offence against any of the following sections of the Crimes Act 1958— (i) section 16 (causing serious injury intentionally); (ii) section 20 (threats to kill); (iii) section 38 (rape); (iv) section 40 (assault with intent to rape); (v) section 44(1), (2) or (4) (incest) in circumstances other than where both people are aged 18 or older and each consented (as defined in section 36 of the Crimes Act 1958) to engage in the sexual act;
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. 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. 3(3) inserted by No. 2/2002 s. 4(3). (3) Section 6(b) of the Corrections Act 1986 is taken to include an order under section 18ZL(1)(f) that a person serve a period in a place referred to in paragraph (c) of the definition of secure custody facility in subsection (1). 4 Application s. 4 This Act applies to all courts except the Children's Court. _______________ 5 Sentencing guidelines s. 5 (1) The only purposes for which sentences may be imposed are—
S. 6AE(c) amended by No. 18/2005 s. 18(Sch. 1 item 97.2). (c) any views stated by the Sentencing Advisory Council and any submissions made by the Director of Public Prosecutions or a lawyer under section 6AD. S. 6AF inserted by No. 13/2003 s. 4, amended by No. 68/2009 s. 97(Sch. item 110.5). 6AF Use of evidence in giving or reviewing guideline judgment s. 6AF Nothing in Part 6.3 of Chapter 6 of the Criminal Procedure Act 2009 limits the evidence or other matters that the Court of Appeal may take into consideration in giving or reviewing a guideline judgment and the Court may inform itself as it sees fit. S. 6AG inserted by No. 13/2003 s. 4. 6AG Relationship between guideline judgments and other sentencing matters A guideline in a guideline judgment— (a) is additional to any other matter that is required to be taken into account under Part 2; and (b) does not limit or take away from any such requirement. _______________ Pt 2A (Heading and ss 6A–6F) inserted by No. 48/1997 s. 6. S. 6A inserted by No. 48/1997 s. 6. 6A Application of Part s. 6A This Part applies to a court in sentencing—
S. 7(1)(ab) inserted by No. 48/1997 s. 8(2)(a), repealed by No. 65/2011 s. 5(1). * * * * * S. 7(1)(aab) inserted by No. 69/1997 s. 5, amended by No. 69/2005 s. 3(1)(b). (aab) subject to Part 5, record a conviction and order that the offender be detained and treated in an approved mental health service as a security patient (a hospital security order); or S. 7(1)(ac) inserted by No. 2/2002 s. 4(6). (ac) record a conviction and make a drug treatment order in respect of the offender; or 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. * * * * * (c) record a conviction and order that the offender serve a term of imprisonment that is suspended by it wholly or partly; or 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. 8L inserted by No. 65/2011 s. 7. 8L Contents of victim impact statement s. 8L (1) A victim impact statement contains particulars of the impact of the offence on the victim and of any injury, loss or damage suffered by the victim as a direct result of the offence. (2) A victim impact statement may include photographs, drawings or poems and other material that relates to the impact of the offence on the victim or to any injury, loss or damage suffered by the victim as a direct result of the offence. (3) The court may rule as inadmissible the whole or any part of a victim impact statement, including the whole or any part of a medical report attached to it. S. 8M inserted by No. 65/2011 s. 7. 8M Medical report (1) A written statement on medical matters concerning the victim may be attached to the victim impact statement. (2) The written statement under subsection (1)— (a) must be made and signed by a medical expert; and (b) may include any document which the medical expert intends should be read with the statement whether the document was in existence at the time the statement was made or was a document which the medical expert obtained or caused to be brought into existence subsequently. S. 8N inserted by No. 65/2011 s. 7. 8N Distribution of written statement If the victim prepares a victim impact statement, the victim must, a reasonable time before sentencing is to take place— s. 8N (a) file a copy with the court; and
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). * * * * *
S. 18I(1) amended by Nos 45/1996 s. 18(Sch. 2 item 11.4), 46/1998 s. 7(Sch. 1), 46/2008 s. 287(b), 29/2010 s. 71(2), 65/2011 s. 11. (1) At any time after the making of an application under section 18H(1)(a) or (b) the court may order the Secretary to the Department of Health, the Secretary to the Department of Human Services or the Secretary or any other person or body to prepare a report in respect of the offender and file it with the court within the time directed by it. (2) The author of a report must conduct any investigation that the author thinks appropriate or that is directed by the court. (3) A report must relate to the period since the indefinite sentence was imposed or last reviewed, as the case requires. S. 18J inserted by No. 41/1993 s. 9. 18J Distribution of reports (1) The court must, a reasonable time before the review is to take place, cause a copy of a report ordered by it under section 18I(1) to be provided to— (a) the Director of Public Prosecutions; and (b) the legal practitioners representing the offender; and (c) if the court has so directed, the offender. (2) If the prosecution or the defence has caused a report in respect of the offender to be prepared for the purposes of the review, it must, a reasonable time before the review is to take place, file it with the court and provide a copy to the Director of Public Prosecutions or the legal practitioners representing the offender, as the case requires. S. 18K inserted by No. 41/1993 s. 9. 18K Disputed report (1) The Director of Public Prosecutions or the offender may file with the court a notice of
S. 18ZQ(1) amended by No. 68/2009 s. 97(Sch. item 110.20 (a)). (1) If the is considering making a drug treatment order at any stage after an accused has indicated an intention to plead guilty to an offence, or has pleaded guilty to an offence, it must— S. 18ZQ(1)(a) amended by No. 68/2009 s. 97(Sch. item 110.20 (b)). (a) order a drug treatment order assessment report on the accused; and (b) adjourn the proceeding to enable the report to be prepared by a specified officer. (2) The purpose of a drug treatment order assessment report is— S. 18ZQ(2)(a) amended by No. 68/2009 s. 97(Sch. item 110.21). (a) to establish whether the accused is a suitable person to be subject to a drug treatment order; and (b) if so— S. 18ZQ (2)(b)(i) amended by No. 68/2009 s. 97(Sch. item 110.21). (i) to prepare a case management plan for the accused; and s. 18ZQ (ii) to establish whether the facilities necessary to implement that plan exist and, if so, to identify those facilities; and S. 18ZQ (2)(b)(iii) amended by No. 68/2009 s. 97(Sch. item 110.21). (iii) to make recommendations to the on the program conditions that should be attached to a drug treatment order in respect of the accused. S. 18ZQ(3) amended by No. 68/2009 s. 97(Sch. item 110.22). (3) If the grants an accused bail on an adjournment under subsection (1) it must, for the purpose of facilitating the preparation of the report, impose a condition of bail requiring the accused to—
S. 18ZQ(10) amended by No. 68/2009 s. 97(Sch. item 110.27). (10) For the purposes of section 91 of the Corrections Act 1986, an officer referred to in that section who discloses to the specified officer information about the accused for the purposes of the preparation of a drug treatment order assessment report is taken to be performing his or her official duties. S. 18ZR inserted by No. 2/2002 s. 5. 18ZR Appeals s. 18ZR S. 18ZR(1) amended by No. 68/2009 s. 97(Sch. item 110.28). (1) On the hearing of an appeal under section 254 or 257 of the Criminal Procedure Act 2009 against a sentence imposed by the Magistrates' Court (including the Drug Court), the County Court cannot itself make a drug treatment order, despite anything to the contrary in section 256(2) or 259(2) (as the case requires) of that Act. S. 18ZR(2) amended by No. 68/2009 s. 97(Sch. item 110.29). (2) Part 6.1 of Chapter 6 of the Criminal Procedure Act 2009 applies with respect to appeals to the County Court against any sentence imposed by the with the following modifications— (a) an appeal does not lie against— (i) a refusal of the to make a drug treatment order; or (ii) a finding that an offender has failed to comply with a condition attached to a drug treatment order; or (iii) the variation of the treatment and supervision part of a drug treatment order; or s. 18ZR (iv) the cancellation of the treatment and supervision part, or the custodial part, of a drug treatment order;
(5) A wholly suspended sentence of imprisonment must be taken to be a sentence of imprisonment for the purposes of all enactments except any enactment providing for disqualification for, or loss of, office or the forfeiture or suspension of pensions or other benefits. S. 27(6) repealed by No. 48/1997 s. 14(4). * * * * * S. 27(7) amended by No. 65/2011 s. 16(1). (7) If under section 83AR an offender is ordered to serve the whole or part of a wholly suspended sentence of imprisonment then, for the purposes of any enactment providing for disqualification for, or loss of, office or the forfeiture or suspension of pensions or other benefits the offender must be taken to have been sentenced to imprisonment on the day on which the order was made under that section. (8) A partly suspended sentence of imprisonment must be taken for all purposes to be a sentence of imprisonment for the whole term stated by the court. S. 27(9) substituted by No. 48/1997 s. 14(5), amended by No. 65/2011 s. 16(2), substituted by No. 26/2012 s. 30(2). (9) For the purposes of any proceeding under this Subdivision or Division 2 of Part 3C— (a) a suspended sentence of imprisonment made by the Court of Appeal on an appeal must be taken to have been made by the court from whose decision the appeal was brought; and (b) the provisions about proceedings under this Subdivision or Division 2 of Part 3C apply as if the court from which the appeal was made were the sentencing court.
subsequent sentence exceeds the relevant maximum period set out in subsection (3)— the subsequent sentence must be taken to be a sentence that the young offender be detained after the completion of the prior sentence for the period then remaining until that maximum period is reached. 33 Sentences to be concurrent unless otherwise directed s. 33 S. 33(1) amended by No. 48/1997 ss 16(7)(8), 17(7). (1) Every term of detention imposed on a young offender by a court (except one imposed in default of payment of a fine or sum of money) must, unless otherwise directed by the court, be served concurrently with any uncompleted sentence or sentences of detention or imprisonment imposed on the young offender, whether before or at the same time as that term. S. 33(2) amended by No. 48/1997 ss 16(7), 17(7). (2) Every term of detention imposed on a young offender by a court in default of payment of a fine or sum of money must, unless otherwise directed by the court, be served— 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.
(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
(a) any sentence of imprisonment imposed on that occasion in relation to any offence is not suspended; and (b) the sum of all the terms of imprisonment to be served (after deduction of any period of custody that under section 18 is reckoned to be a period of imprisonment or detention already served) is 3 months or less. (2) Section 27(5) does not apply to this section. (3) If a court makes a community correction order in respect of an offender in addition to imposing a sentence of imprisonment in accordance with this section, the community correction order commences on the release of the offender from imprisonment. Pt 3A Div. 3 (Heading) inserted by No. 65/2011 s. 21. Division 3—Making a community correction order S. 45 amended by No. 45/1996 s. 18(Sch. 2 item 11.10), substituted by No. 65/2011 s. 21. 45 Terms of a community correction order s. 45 (1) The following terms are attached to each community correction order— (a) the offender must not commit, whether in or outside Victoria, during the period of the order, an offence punishable by imprisonment; S. 45(1)(ab) inserted by No. 26/2012 s. 32. (ab) the offender must comply with any obligation or requirement prescribed by the regulations; (b) the offender must report to, and receive visits from the Secretary during the period of the order;
instead of any other sentence to which the offender may be liable. (2) The maximum fine that a court may impose under subsection (1) is the appropriate maximum specified in the specific provision or, if no maximum is specified there, then that specified in section 52. 50 Exercise of power to fine (1) If a court decides to fine an offender it must in determining the amount and method of payment of the fine take into account, as far as practicable, the financial circumstances of the offender and the nature of the burden that its payment will impose. (2) A court is not prevented from fining an offender only because it has been unable to find out the financial circumstances of the offender. (3) In considering the financial circumstances of the offender, the court must take into account any other order that it or any other court has made or that it proposes to make— S. 50(3)(a) amended by No. 108/1997 s. 156(e). (a) providing for the forfeiture of the offender's property or the automatic forfeiture of the offender's property by operation of law; or (b) requiring the offender to make restitution or pay compensation. (4) If the court considers— s. 50 (a) that it would be appropriate both to impose a fine and to make a restitution or compensation order; but (b) that the offender has insufficient means to pay both—
(a) an order that time be allowed for the payment of the fine; or (b) an order that the fine be paid by instalments; or S. 55(1)(c) amended by No. 41/1993 s. 12. (c) an order for the variation of the terms of an instalment order; or S. 55(1)(d) inserted by No. 41/1993 s. 12, amended by Nos 69/1997 s. 8(1)(b), 10/2004 s. 15(Sch. 1 item 27.2), 65/2011 s. 23(1), 26/2012 s. 41(1). (d) if the amount of the fine is not more than an amount equivalent to the value of 100 penalty units or, if it is, for a part of it up to an amount equivalent to the value of 100 penalty units, an order requiring him or her to perform unpaid community work as directed by the Secretary for a number of hours fixed in accordance with section 63(2). S. 55(2) inserted by No. 69/1997 s. 7(1), amended by No. 32/2006 s. 92(2). (2) An offender may not apply under subsection (1)(d) if the fine was imposed in respect of an offence heard and determined by the Magistrates' Court as a result of the revocation of an enforcement order within the meaning of, or the making of an application under section 68(1) of, the Infringements Act 2006. S. 55(3) inserted by No. 69/1997 s. 7(1), amended by Nos 65/2011 s. 23(2), 26/2012 s. 41(2). (3) An offender on whom a fine referred to in subsection (2) has been imposed may, at any time before the commencement of a hearing under section 62(10), apply to the Magistrates' Court constituted by a magistrate for an order requiring him or her to perform unpaid community work as directed by the Secretary for a number of hours fixed in accordance with section 63(2). S. 55(4) inserted by No. 69/1997 s. 7(1). (4) On an application under subsection (3), the Magistrates' Court may—
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; director means chairperson or other director of the Council; guideline judgment has the same meaning as in Part 2AA. S. 108B inserted by No. 13/2003 s. 6. 108B Establishment of Sentencing Advisory Council (1) The Sentencing Advisory Council is established. (2) The Council— (a) is a body corporate with perpetual succession; (b) has an official seal; (c) may sue and be sued in its corporate name; (d) subject to section 108D, may acquire, hold and dispose of personal property; (e) subject to section 108D, may do and suffer all acts and things that a body corporate may by law do and suffer. (3) All courts must take judicial notice of the official seal of the Council affixed to a document and, until the contrary is proved, must presume that it was duly affixed.
(2) This section has effect despite anything to the contrary in any Act. S. 113B inserted by No. 48/1997 s. 31. 113B Maximum cumulative term of imprisonment imposable by Magistrates' Court The Magistrates' Court must not impose on any person in respect of several offences committed at the same time cumulative sentences of imprisonment to take effect in succession for a term exceeding in the whole 5 years unless that term is expressly provided by an Act. S. 113C inserted by No. 48/1997 s. 31. 113C Maximum term of imprisonment where none prescribed s. 113C If a person is convicted of an offence against an enactment punishable by imprisonment but the maximum term of imprisonment is not prescribed anywhere, the maximum term of imprisonment to which a court may sentence the offender in respect of that offence is 2 years. S. 113D inserted by No. 69/1997 s. 18. 113D Increased maximum fine for body corporate (1) If a body corporate is found guilty of an offence against the Crimes Act 1958 and the court has power to fine the body corporate, it may, unless the contrary intention appears, impose on the body corporate a fine not greater than 5 times the amount of the maximum fine that could be imposed by the court on a natural person found guilty of the same offence committed at the same time.
S. 116(1)(f) amended by Nos 68/2009 s. 97(Sch. item 110.82), 30/2010 s. 29, substituted by No. 65/2011 s. 51(e). (f) contraventions of sentence and applications for variation of sentence; and S. 116(1)(fa) inserted by No. 65/2011 s. 51(e). (fa) proceedings for contravention of sentence; and S. 116(1)(fb) inserted by No. 65/2011 s. 51(e). (fb) any matter relating to reviews by the court of decisions of the Secretary under Division 3 of Part 3C; and s. 116 (g) any other matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act. (2) The regulations— (a) may be of general or limited application; and (b) may confer a discretionary authority or impose a duty on a specified person or a specified class of person; and (c) may impose a level 12 fine for a contravention of the regulations. S. 116(3)(4) repealed by No. 10/1999 s. 31(4)(c). * * * * * S. 116A inserted by No. 65/2011 s. 52, repealed by No. 45/2012 s. 9. * * * * * s. 116A _______________
(ix) section 49A(1) (facilitating sexual offences against children); Sch. 1 cl. 1(a)(x) amended by No. 2/2006 s. 43(2)(c). (x) section 51 (sexual offences against persons with a cognitive impairment by providers of medical or therapeutic services); Sch. 1 Sch. 1 cl. 1(a)(xi) amended by No. 2/2006 s. 43(2)(d). (xi) section 52 (sexual offences against persons with a cognitive impairment by providers of special programs); (xii) section 53 (administration of drugs, etc.); Sch. 1 cl. 1(a)(xiia) inserted by No. 57/2005 s. 50(2)(c). (xiia) section 54 (occupier etc. permitting unlawful sexual penetration); (xiii) section 55 (abduction or detention); (xiv) section 56 (abduction of child under the age of 16); (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);
(vi) section 50DB(1) (encouraging offences against Part IIIA); Sch. 1 cl. 1(dd) inserted by No. 57/2005 s. 50(2)(e). (dd) an aggravated offence against any of the following sections of the Criminal Code of the Commonwealth: (i) section 270.6 (sexual servitude offences); (ii) section 270.7 (deceptive recruiting for sexual services); Sch. 1 Note The Criminal Code of the Commonwealth is contained in the Schedule to the Criminal Code Act 1995 of the Commonwealth. Sch. 1 cl. 1(de) inserted by No. 57/2005 s. 50(2)(e). (de) an offence against section 233BAB(5) or 233BAB(6) of the Customs Act 1901 of the Commonwealth (special offence relating to tier 2 goods) where the goods are goods covered by section 233BAB(1)(h) of that Act; Sch. 1 cl. 1(df) inserted by No. 57/2005 s. 50(2)(e). (df) an offence against any of the following sections of the Criminal Code of the Commonwealth: (i) section 271.4 (trafficking in children) or section 271.7 (domestic trafficking in children) in circumstances where the purpose of the exploitation is to provide 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);
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: 10.5.05 Commencement Date: Ss 3–6 on 11.5.05: s. 2 : This information relates only to the provision/s amending the Sentencing Act 1991 Legal Profession (Consequential Amendments) Act 2005, No. 18/2005 Assent Date: 24.5.05 Commencement Date: S. 18(Sch. 1 item 97) on 12.12.05: Government Gazette 1.12.05 p. 2781 : This information relates only to the provision/s amending the Sentencing Act 1991 Magistrates' Court (Judicial Registrars and Court Rules) Act 2005, No. 19/2005 Assent Date: 24.5.05 Commencement Date: S. 11(2) on 25.5.05: s. 2(1) : This information relates only to the provision/s amending the Sentencing Act 1991 Endnotes Parliamentary Administration Act 2005, No. 20/2005 Assent Date: 24.5.05 Commencement Date: S. 52(3) on 1.7.05: s. 2(4) : This information relates only to the provision/s amending the Sentencing Act 1991 Courts Legislation (Miscellaneous Amendments) Act 2005, No. 30/2005 Assent Date: 21.6.05 Commencement Date: S. 8 on 22.6.05: s. 2(1) : This information relates only to the provision/s amending the Sentencing Act 1991 Sex Offenders Registration (Amendment) Act 2005, No. 34/2005 Assent Date: 21.6.05 Commencement Date: S. 27 on 1.8.05: Government Gazette 28.7.05 p. 1642 : This information relates only to the provision/s amending the Sentencing Act 1991 Emergency Service Act 2005, No. 51/2005 Assent Date: 24.8.05 Commencement Date: S. 58(7)(8) on 1.11.05: Government Gazette 20.10.05 p. 2308 : This information relates only to the provision/s amending the Sentencing Act 1991
Statute Law Revision Act 2012, No. 43/2012 Assent Date: 27.6.12 Commencement Date: S. 3(Sch. item 46) on 28.6.12: s. 2(1) : This information relates only to the provision/s amending the Sentencing Act 1991 Endnotes Road Safety and Sentencing Acts Amendment Act 2012, No. 45/2012 Assent Date: 17.8.12 Commencement Date: S. 12 on 16.1.12: s. 2(3); ss 6, 9, 11, 13 on 17.8.12: s. 2(1); ss 7, 8, 10 on 18.8.12: s. 2(2) : This information relates only to the provision/s amending the Sentencing Act 1991 Criminal Procedure Amendment Act 2012, No. 48/2012 Assent Date: 4.9.12 Commencement Date: Ss 43–46 on 5.9.12: s. 2(1) : This information relates only to the provision/s amending the Sentencing Act 1991 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Explanatory Details Endnotes