S. 3(1) def. of combined custody and treatment order inserted by No. 48/1997 s. 4(a), repealed by No. 65/2011 s. 3(14)(a). * * * * * S. 3(1) def. of order repealed by No. 65/2011 s. 3(14)(b). * * * * * S. 3(1) def. of community correction order inserted by No. 26/2012 s. 27(1). community correction order means an order made under Part 3A; s. 3 community corrections centre means community corrections centre established under Part 9 of the Corrections Act 1986; community corrections officer means community corrections officer appointed under Part 4 of the Corrections Act 1986; S. 3(1) def. of community service condition repealed by No. 65/2011 s. 3(14)(c). * * * * * S. 3(1) def. of contravention inserted by No. 30/2010 s. 3(a). contravention in relation to a provision of an order or a sentence includes a failure to comply with that provision; based
S. 3(1) def. of Director of Public Prosecutions inserted by No. 77/2010 s. 3(a) (as amended by No. 9/2011 s. 3). Director of Public Prosecutions means the Director of Public Prosecutions appointed under the Constitution Act 1975; S. 3(1) def. of of Community Services repealed by No. 46/1998 s. 7(Sch. 1). * * * * * S. 3(1) def. of of Corrections repealed by No. 45/1996 s. 18(Sch. 2 item 11.1). * * * * * s. 3 driver licence has the same meaning as in the Road Safety Act 1986; S. 3(1) def. of inserted by No. 2/2002 s. 4(1). Drug Court means the Drug Court Division of the Magistrates' Court; S. 3(1) def. of Drug Court officer inserted by No. 2/2002 s. 4(1), amended by No. 108/2004 s. 117(1) (Sch. 3 item 181.1). Drug Court officer means a person who— (a) is employed under Part 3 of the Public Administration Act 2004; and (b) exercises powers or performs functions in relation to the ;
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 of person repealed by No. 43/2010 s. 48(1)(a).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
involuntary patient has the same meaning as in the Mental Health Act 1986; S. 3(1) def. of judicial monitoring condition inserted by No. 65/2011 s. 3(1). judicial monitoring condition means a condition that may be attached to a community correction order under section 48K(1); S. 3(1) def. of justice plan amended by Nos 46/1998 s. 7(Sch. 1), 23/2006 s. 226(a), substituted by No. 65/2011 s. 3(6). justice plan means a plan requested under section 80(3)(c); S. 3(1) def. of justice plan condition inserted by No. 65/2011 s. 3(1). justice plan condition means a condition that may be attached to— s. 3 (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;
non-parole period, in relation to a sentence of imprisonment, means a period fixed in accordance with Subdivision (1) of Division 2 of Part 3 during which the offender is not eligible to be released on parole; S. 3(1) def. of operational period amended by No. 48/1997 s. 14(1)(a). operational period, in relation to a sentence of imprisonment suspended under section 27, means the period for which the whole or a part of the sentence is suspended under section 27(1); 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 secure custody facility inserted by No. 2/2002 s. 4(1), amended by No. 48/2006 s. 42(Sch. item 32.1(b)). secure custody facility means— (a) a prison as defined in section 3 of the Corrections Act 1986; or (b) a youth justice centre; or (c) any other place the Minister specifies under subsection (2); security patient has the same meaning as in the Mental Health Act 1986; S. 3(1) def. of 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), 6/2013 s. 8. 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— (iaa) section 15A (causing serious injury intentionally in circumstances of gross violence);
S. 5(2B) inserted by No. 90/1991 s. 34, amended by No. 108/1997 s. 156(d). (2B) Nothing in subsection (2A) prevents a court from having regard to a forfeiture order or civil forfeiture order made under, or automatic forfeiture occurring by operation of, the Confiscation Act 1997 as an indication of remorse or co-operation with the authorities on the part of the offender. S. 5(2BA) inserted by No. 1/2005 s. 48. (2BA) In sentencing an offender, a court— S. 5(2BA)(a) amended by No. 21/2008 s. 25(1). (a) must not have regard to the fact that the offender is subject to an extended supervision order or interim extended supervision order under the Serious Sex Offenders Monitoring Act 2005 but, if relevant to the conditions of any sentence imposed by it, may have regard to the conditions of that order and the terms of any current directions or instructions given by the Adult Parole Board under section 16 of that Act; s. 5 S. 5(2BA)(b) amended by No. 21/2008 s. 25(1), repealed by No. 91/2009 s. 219(Sch. 3 item 2.1). * * * * * S. 5(2BB) inserted by No. 1/2005 s. 48. (2BB) For the purposes of subsection (2BA)(a), the court may request the Secretary within the meaning of the Serious Sex Offenders Monitoring Act 2005 to provide it with a report setting out—
S. 5(4A) inserted by No. 48/1997 s. 8(1), amended by No. 2/2002 s. 4(4), repealed by No. 65/2011 s. 4(2). * * * * * S. 5(4B) inserted by No. 2/2002 s. 4(5), amended by No. 65/2011 s. 4(3). (4B) A court must not impose a sentence that involves the confinement of the offender unless it considers that the purpose or purposes for which the sentence is imposed cannot be achieved by a drug treatment order. S. 5(5) amended by No. 65/2011 s. 4(4). (5) A court must not impose a drug treatment order unless it considers that the purpose or purposes for which the sentence is imposed cannot be achieved by a community correction order. S. 5(6) amended by No. 65/2011 s. 4(5). (6) A court must not impose a community correction order unless it considers that the purpose or purposes for which the sentence is imposed cannot be achieved by imposing a fine. (7) A court must not impose a fine unless it considers that the purpose or purposes for which the sentence is imposed cannot be achieved by a dismissal, discharge or adjournment. S. 5A inserted by No. 41/1993 s. 5, repealed by No. 48/1997 s. 7(3). * * * * * 6 Factors to be considered in determining offender's character s. 6
Pt 2B (Heading and ss 6G–6J) inserted by No. 108/1997 s. 148. S. 6G inserted by No. 108/1997 s. 148. 6G Application of Part s. 6G This Part applies to a court in sentencing a continuing criminal enterprise offender for a continuing criminal enterprise offence. S. 6H inserted by No. 108/1997 s. 148. 6H Definitions for purposes of this Part (1) In this Part— continuing criminal enterprise offence means an offence referred to in Schedule 1A; continuing criminal enterprise offender means an offender who is found guilty of— (a) a continuing criminal enterprise offence and who in another trial or hearing or more than one other trial or hearing had been found guilty of 2 or more relevant offences; (b) 2 continuing criminal enterprise offences and who in another trial or hearing had been found guilty of a relevant offence; (c) 3 or more continuing criminal enterprise offences; relevant offence, in relation to a continuing criminal enterprise offence, means a continuing criminal enterprise offence of which an offender has been found guilty within the period of 10 years before the date on which the later offence was committed.
S. 16(1A)(e) inserted by No. 48/1997 s. 10(1). (e) on any person for an offence committed while released on bail in relation to another offence. (2) Every term of imprisonment imposed on a person by a court in default of payment of a fine or sum of money must, unless otherwise directed by the court, be served— 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.
(b) must be made within 10 working days after the day of the conviction or within any longer period fixed by the court during that 10 working day period. (2) On the filing of a notice under subsection (1)(a), the court must revoke any order made for the offender's release pending sentencing and remand him or her in custody. S. 18D inserted by No. 41/1993 s. 9. 18D Adjournment of sentencing If a court is considering imposing an indefinite sentence on an offender, whether on its own initiative or because of a notice filed under section 18C(1)(a), it must on the day of the conviction or within 5 working days after that day explain, or cause to be explained, to the offender in language likely to be readily understood by him or her— (a) the fact that it is considering imposing an indefinite sentence; and (b) the effect of an order for an indefinite sentence— and adjourn sentencing until at least 25 working days after the day of the conviction. S. 18E inserted by No. 41/1993 s. 9. S. 18E (Heading) inserted by No. 69/2005 s. 3(1)(c). 18E Hospital security orders s. 18D (1) If a court imposes an indefinite sentence on an offender as mentioned in section 92(b) after the expiry of an order made under section 90 or 91, it must deduct from the nominal sentence the period of time that the offender was detained under that order. S. 18E(2) substituted by No. 69/2005 s. 3(2). (2) Section 93A applies if a person is found guilty of a serious offence and a court imposes an indefinite sentence in the same way it applies on any other finding of guilt but as if—
the application within 25 working days after the date of filing. (5) A court on a review need not be constituted by the same judge who constituted the court when it imposed the sentence. S. 18I inserted by No. 41/1993 s. 9. 18I Court may order reports s. 18I 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.
(e) references in those provisions to the parole period were references to the period of release under the re-integration program. S. 18O inserted by No. 41/1993 s. 9. 18O Appeal s. 18O S. 18O(1) amended by No. 109/1994 s. 34(14)(b). (1) An offender may appeal to the Court of Appeal against the refusal of a court to make an order under section 18M(1). S. 18O(2) amended by No. 109/1994 s. 34(14)(b). (2) The Director of Public Prosecutions may appeal to the Court of Appeal against an order made under section 18M(1). S. 18O(3) amended by No. 109/1994 s. 34(14)(b). (3) On an appeal under this section the Court of Appeal may— (a) in the case of an appeal under subsection (1), confirm the refusal and dismiss the appeal or uphold the appeal and make the order that it thinks ought to have been made; or S. 18O(3)(b) amended by No. 68/2009 s. 97(Sch. item 110.12). (b) in the case of an appeal under subsection (2), confirm the order and dismiss the appeal or uphold the appeal and set aside the order made. S. 18O(4) amended by No. 68/2009 s. 97(Sch. item 110.13). (4) An indefinite sentence revives on the setting aside of an order under section 18M(1) and the original warrant to imprison or other authority for the offender's imprisonment is to be regarded as again in force. S. 18P inserted by No. 41/1993 s. 9. 18P Offender to be present during hearings (1) Subject to this section, the offender must be present— (a) during the hearing of evidence under section 18F;
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—
(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.
(2) The purpose for attaching an unpaid community work condition is to adequately punish the offender in the community. S. 48C(3) amended by No. 32/2013 s. 28. (3) Subject to section 48CA, the offender must perform the number of hours of unpaid community work specified by the court under an unpaid community work condition. S. 48C(3A) inserted by No. 65/2011 s. 56. (3A) If the Secretary gives a direction under section 83AU the offender must perform the number of hours of unpaid community work specified by the Secretary. (4) The total number of hours for which an offender may be required to perform unpaid community work under an unpaid community work condition must be determined by the court and must not exceed 600 hours. (5) The total number of hours of unpaid community work that the offender must perform in any 7 day period must not exceed 20. S. 48C(6) amended by No. 26/2012 s. 35. (6) An offender may perform unpaid community work for up to 40 hours in a period of 7 days if he or she requests to do so and signs a written consent to performing the extra number of hours. s. 48C (7) If a court attaches an unpaid community work condition as the sole condition under this Division of a community correction order for up to a maximum of 300 hours, the order expires on the satisfactory completion of those hours of work. (8) If an offender is or will be subject to more than one community correction order the court must not make a direction under this Act that causes the time limits that apply under all unpaid community work conditions under the orders to exceed the maximum time limits for the orders under section 38.
warrant together with all lawful costs of execution, the court may cause to be issued a summons requiring the offender to attend before it on a specified date and at a specified place. (2) If an offender fails to attend as required by a summons issued under subsection (1), the court may cause a warrant to arrest to be issued against him or her. (3) On an offender attending before it under this section, or in his or her absence if the court is satisfied that the summons has been served, the court may order that he or she be imprisoned for a term fixed in accordance with section 63(1) and that section applies for this purpose except that the costs of execution must not be taken into account. S. 64(4) amended by No. 26/2012 s. 51. (4) Instead of fixing a term of imprisonment under subsection (3) the court may, if satisfied that in all the circumstances of the case it is appropriate to do so, make a fine default unpaid community work order requiring the offender to perform unpaid community work for a number of hours fixed in accordance with section 63(2) and that section applies for this purpose except that the costs of execution must not be taken into account. Pt 3B Div. 4 (Heading and ss 64A, 64B) inserted by No. 26/2012 s. 52. Division 4—Miscellaneous matters S. 64A inserted by No. 26/2012 s. 52. 64A Suspension by Secretary s. 64A (1) The Secretary may suspend the operation of a fine conversion order or fine default unpaid community work order or any condition of that order for a period.
S. 66C inserted by No. 26/2012 s. 53. 66C Application of fines etc. The whole or any part of a fine, penalty or sum of money which by or under any Act is authorised or directed to be imposed on a person forms part of, and must be paid into, the Consolidated Fund if no other way of appropriating or applying it is prescribed by law. S. 66D inserted by No. 26/2012 s. 53. 66D Penalty payable to body corporate A forfeiture or penalty payable to a party aggrieved under an Act relating to an offence (whether indictable or summary) is payable to a body corporate if it is the party aggrieved. S. 66E inserted by No. 26/2012 s. 53. 66E Order made by Court of Appeal For the purposes of any proceeding under this Part or Division 2 of Part 3C— (a) a fine or a fine conversion order or fine default unpaid community work order 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 Part or Division 2 of Part 3C apply as if the court from which the appeal was made were the sentencing court. 67 Recovery of penalties s. 66C If an Act or subordinate instrument— (a) provides for a penalty to be recovered from any person— (i) summarily; or (ii) on summary conviction; or (iii) before the Magistrates' Court; or
matter were an adjourned hearing to which subsection (3) applies. S. 83A(1E) inserted by No. 77/2010 s. 21(2). (1E) In making an order deferring a sentence under subsection (1), the court may order that any review of the order under subsection (1B) be dealt with by the court constituted by the person who made the order deferring the sentence. S. 83A(2) amended by No. 77/2010 s. 21(3)(a). (2) If the Magistrates' Court or County Court defers sentencing an offender, it— S. 83A(2)(a) amended by No. 77/2010 s. 21(3)(b). (a) must adjourn the proceeding for a period of up to 12 months; and S. 83A(2)(b) amended by Nos. 68/2009 s. 97(Sch. item 110.59), 77/2010 s. 21(3)(c). (b) may release the offender on his or her undertaking to attend before the court on the date fixed for sentence or release the offender on bail or extend his or her bail to that date; and s. 83A (c) may order a pre-sentence report in respect of the offender. S. 83A(3) amended by No. 77/2010 s. 21(4). (3) On the adjourned hearing, the court must, in determining the appropriate sentence for an offender, have regard to— (a) the offender's behaviour during the period of deferral; and S. 83A(3)(b) amended by No. 65/2011 s. 42. (b) subject to section 8D, any pre-sentence report ordered under subsection (2)(c); and (c) any other relevant matter. S. 83A(4) amended by No. 77/2010 s. 21(5). (4) If an offender is found guilty of an offence during a period of deferral under this section, the court may—
(a) re-list the adjourned proceeding on a day earlier than the day to which it was adjourned under subsection (2)(a); and S. 83A(4)(b) amended by No. 77/2010 s. 21(5). (b) on the adjourned hearing make any order that the court could have made if it had not deferred sentencing. S. 83A(5) amended by No. 77/2010 s. 21(6). (5) The court may order that a warrant to arrest be issued against the offender if he or she does not attend before the court on the adjourned hearing. S. 83A(6) amended by No. 77/2010 s. 21(7). (6) Nothing in this section removes any requirement imposed on the Magistrates' Court or County Court by or under this or any other Act to impose any disqualification on, or make any other order in respect of, a person found guilty or convicted of an offence, including an order cancelling or suspending a driver licence or permit or disqualifying the offender from obtaining one for any period. s. 83A __________________ Pt 3C (Heading and ss inserted by No. 65/2011 s. 43. Division 1—Offences S. 83AB inserted by No. 65/2011 s. 43. 83AB Contravention of suspended sentence s. 83AB (1) If an offender who is subject to a suspended sentence order is convicted or found guilty of an offence punishable by imprisonment, being an offence committed during the period of the order, the offender is guilty of an offence and liable to a penalty not exceeding 3 months imprisonment.
of the superannuation interest in the superannuation benefit of the offender have not been satisfied as at the relevant date; (d) the length of the period of service by the offender as a public sector employee before the offender committed the relevant offence; s. 83F (e) the length of any period of membership of a relevant superannuation scheme during which the offender was not a public sector employee; (f) the nature and gravity of the relevant offence. (3) If the court imposes a superannuation order, the court in determining the amount to be paid by the offender under the superannuation order— (a) must have regard to the matters referred to in subsection (2); and (b) must not determine an amount which exceeds the total of the residual employer financed components of the superannuation benefits under the relevant superannuation schemes. S. 83G inserted by No. 65/2004 s. 3. 83G Effect of superannuation order s. 83G (1) A superannuation order takes effect— (a) at the end of the appeal period in respect of the conviction for the relevant offence or the sentence; or (b) if the offender appeals against the conviction or sentence, subject to subsection (2), upon the determination of the appeal. S. 83G(2) amended by No. 68/2009 s. 97(Sch. item 110.61). (2) If the conviction is set aside on appeal, the superannuation order has no effect.
S. 85F(1)(b) amended by No. 68/2009 s. 97(Sch. item 110.64). (b) any statement of the material facts relevant to the charge given to a court in a proceeding for the offence by the prosecution and not disputed by or on behalf of the accused; or (c) the available documents— together with admissions made by or on behalf of any person in connection with the application. (2) In subsection (1)(c) the available documents means— (a) any written statements or admissions which were made for use, and would have been admissible, as evidence on the hearing of the charge; or S. 85F(2)(b) substituted by No. 68/2009 s. 97(Sch. item 110.65). (b) the depositions in the committal proceeding; or S. 85F(2)(c) repealed by No. 68/2009 s. 97(Sch. item 110.65). * * * * * (d) any victim impact statement made to the court for the purpose of assisting it in determining sentence, including any medical report attached to it. S. 85G inserted by No. 54/2000 s. 21. 85G Evidence s. 85G (1) On an application for a compensation order— (a) the victim or the offender may give evidence or may call another person to give evidence in relation to the application; and (b) the victim, offender or other person who gives evidence may be cross-examined and re-examined; and
(i) any officer within the meaning of Part 5 or Part 9 of the Corrections Act 1986; or (ii) the Commissioner, within the meaning of the Corrections Act 1986; or (iii) a prescribed person or prescribed class of person; or (b) Division 3 of Part 3C of this Act or the regulations except this power of delegation to a person employed in the Department of Justice under Part 3 of the Public Administration Act 2004 at a level of Grade 6 or higher. (2) A delegation under subsection (1) may be to a person or class of persons. s. 115B _______________ Pt 11 (Heading) substituted by No. 65/2011 s. 50. S. 115C inserted by No. 65/2011 s. 69 (as amended by No. 43/2012 s. 3(Sch. item 47.2)). 115C Infringement penalties s. 115C The infringement penalty for an offence against section 83AE or 83AF is 1 penalty unit. S. 115D inserted by No. 65/2011 s. 69 (as amended by No. 43/2012 s. 3(Sch. item 47.2)). 115D Power to serve an infringement notice (1) If the authorised person has reason to believe that an offender has committed an offence referred to in subsection (3), the authorised person may serve an infringement notice on that person.
Sch. 1 cl. 1(a)(v) amended by No. 67/2000 s. 10(2)(a)(i). (v) section 45(1) (sexual penetration of child under the age of 16); Sch. 1 cl. 1(a)(vi) repealed by No. 67/2000 s. 10(2)(a)(ii). * * * * * (vii) section 47(1) (indecent act with child under the age of 16); Sch. 1 cl. 1(a)(viii) amended by No. 2/2006 s. 43(2)(b). (viii) section 47A(1) (persistent sexual abuse of child under the age of 16); Sch. 1 cl. 1(a)(viiia) inserted by No. 57/2005 s. 50(2)(b). (viiia) section 48(1) (sexual penetration of a 16 or 17 year old child); Sch. 1 cl. 1(a)(viiib) inserted by No. 57/2005 s. 50(2)(b), amended by No. 18/2008 s. 17. (viiib) section 49(1) (indecent act with 16 or 17 year old child); (ix) section 49A(1) (facilitating sexual offences against children); Sch. 1 cl. 1(a)(x) amended by No. 2/2006 s. 43(2)(c). (x) section 51 (sexual offences against persons with a cognitive impairment by providers of medical or therapeutic services); Sch. 1 Sch. 1 cl. 1(a)(xi) amended by No. 2/2006 s. 43(2)(d). (xi) section 52 (sexual offences against persons with a cognitive impairment by providers of special programs); (xii) section 53 (administration of drugs, etc.);
(e) any of the following common law offences: (i) rape; (ii) attempted rape; (iii) assault with intent to rape; Sch. 1 cl. 1(f) amended by No. 57/2005 s. 50(2)(f). (f) an offence of conspiracy to commit, incitement to commit or attempting to commit an offence referred to in paragraphs (a) to (e); Sch. 1 cl. 1(g) inserted by No. 57/2005 s. 50(2)(g). (g) any other offence, whether committed in Victoria or elsewhere, the necessary elements of which consist of elements that constitute any of the offences referred to in paragraphs (a) to (f). 2 Violent offences Sch. 1 This clause applies to the following offences— (a) murder; (b) manslaughter; Sch. 1 cl. 2(baa) inserted by No. 7/2008 s. 7(4)(b). (baa) child homicide; Sch. 1 cl. 2(ba) inserted by No. 77/2005 s. 8(4)(b). (ba) defensive homicide; Sch. 1 cl. 2(c) amended by No. 69/1997 s. 21. (c) an offence against, or for which the penalty or the maximum or minimum penalty is fixed by, any of the following sections of the Crimes Act 1958:
Assent Date: 6.6.00 Commencement Date: S. 102(Sch. item 6) on 1.6.01: s. 2(2) : This information relates only to the provision/s amending the Sentencing Act 1991 Victims of Crime Assistance (Amendment) Act 2000, No. 54/2000 Assent Date: 12.9.00 Commencement Date: Ss 21–24 on 1.1.01: s. 2(2) : This information relates only to the provision/s amending the Sentencing Act 1991 Crimes (Amendment) Act 2000, No. 67/2000 Assent Date: 21.11.00 Commencement Date: 22.11.00 s. 2 : All of Act in operation Magistrates' Court (Infringements) Act 2000, No. 99/2000 Assent Date: 12.12.00 Commencement Date: Ss 15, 16 on 1.7.01: s. 2(3) : This information relates only to the provision/s amending the Sentencing Act 1991 Corrections (Custody) Act 2001, No. 45/2001 Assent Date: 27.6.01 Commencement Date: S. 45 on 1.3.02: s. 2(2) : This information relates only to the provision/s amending the Sentencing Act 1991 Drugs, Poisons and Controlled Substances (Amendment) Act 2001, No. 61/2001 Assent Date: 23.10.01 Commencement Date: S. 14 on 1.1.02: s. 2(2) : This information relates only to the provision/s amending the Sentencing Act 1991 Sentencing (Emergency Service Costs) Act 2001, No. 80/2001 Assent Date: 4.12.01 Commencement Date: 5.12.01: s. 2 : All of Act in operation Road Safety (Alcohol Interlocks) Act 2002, No. 1/2002 Assent Date: 26.3.02 Commencement Date: Ss 11–14 on 13.5.02: Government Gazette 2.5.02 p. 789 : This information relates only to the provision/s amending the Sentencing Act 1991 Endnotes Sentencing (Amendment) Act 2002, No. 2/2002 Assent Date: 26.3.02 Commencement Date: Ss 4–7 on 2.5.02: Government Gazette 2.5.02 p. 789 : This information relates only to the provision/s amending the Sentencing Act 1991 Criminal Justice Legislation (Miscellaneous Amendments) Act 2002, No. 35/2002
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
Criminal Procedure Legislation Amendment Act 2008, No. 8/2008 Assent Date: 18.3.08 Commencement Date: Ss 3, 18 on 1.7.08: s. 2(5) : This information relates only to the provision/s amending the Sentencing Act 1991 Relationships Act 2008, No. 12/2008 Assent Date: 15.4.08 Commencement Date: S. 73(1)(Sch. 1 item 56) on 1.12.08: s. 2(2) : This information relates only to the provision/s amending the Sentencing Act 1991 Justice Legislation Amendment (Sex Offences Procedure) Act 2008, No. 18/2008 Assent Date: 13.5.08 Commencement Date: Ss 15–17 on 1.7.08: s. 2(2) : This information relates only to the provision/s amending the Sentencing Act 1991 Justice Legislation Amendment Act 2008, No. 21/2008 Assent Date: 2.6.08 Commencement Date: S. 25(1) on 3.6.08: Special Gazette (No. 148) 3.6.08 p. 1 : This information relates only to the provision/s amending the Sentencing Act 1991 Endnotes Public Health and Wellbeing Act 2008, No. 46/2008 Assent Date: 2.9.08 Commencement Date: S. 287 on 1.1.10: s. 2(2) : This information relates only to the provision/s amending the Sentencing Act 1991 Family Violence Protection Act 2008, No. 52/2008 Assent Date: 23.9.08 Commencement Date: Ss 265, 266 on 8.12.08: Special Gazette (No. 339) 4.12.08 p. 1 : This information relates only to the provision/s amending the Sentencing Act 1991 Stalking Intervention Orders Act 2008, No. 68/2008 Assent Date: 18.11.08 Commencement Date: Ss 82, 83 on 8.12.08: Special Gazette (No. 339) 4.12.08 p. 1 : This information relates only to the provision/s amending the Sentencing Act 1991 Criminal Procedure Act 2009, No. 7/2009 (as amended by No. 68/2009) Assent Date: 10.3.09 Commencement Date: Ss 432–434 on 1.1.10: Government Gazette 10.12.09 p. 3215 : This information relates only to the provision/s amending the Sentencing Act 1991