This Act comes into operation on a day or days to be proclaimed. S. 3 amended by No. 41/1993 s. 4(a). 3 Definitions (1) In this Act— S. 3(1) def. of accredited agency inserted by No. 57/1998 s. 26(3). accredited agency means a person or body approved under the Road Safety Act 1986 as an accredited agency; Adult Parole Board means Adult Parole Board established by section 61 of the Corrections Act 1986; S. 3(1) def. of alcohol exclusion condition inserted by No. 65/2011 s. 3(1). alcohol exclusion condition means a condition that may be attached to a community correction order under section 48J(1); S. 3(1) def. of alcoholic repealed by No. 43/2010 s. 48(1)(a). * * * * * S. 3(1) def. of approved drug and alcohol assessment agency inserted by No. 48/1997 s. 25(1), amended by Nos 46/2008 s. 287(a), 65/2011 s. 3(2). approved drug and alcohol assessment agency means a person or body approved under section 8I by the Secretary to the Department of Health for the purposes of Division 1B of Part 3;
S. 3(1) def. of intensive correction order repealed by No. 65/2011 s. 3(14)(d). * * * * * S. 3(1) def. of involuntary patient repealed by No. 26/2014 s. 429(1)(e)). * * * * * 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— (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 police officer inserted by No. 37/2014 s. 10(Sch. item 151.1(a)). police officer has the same meaning as in the Victoria Police Act 2013; 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 (ba) a fine conversion order; or
S. 3(1) def. of Temporary Treatment Order inserted by No. 26/2014 s. 429(2). Temporary Treatment Order means an Order within the meaning of section 45 of the Mental Health Act 2014; S. 3(1) def. of time to pay order inserted by No. 32/2013 s. 46(4). time to pay order means an order made under Part 3B that an offender be allowed time to pay a fine and includes such an order as varied under that Part; S. 3(1) def. of total effective sentence inserted by No. 52/2014 s. 3. total effective sentence has the same meaning as in the Criminal Procedure Act 2009; 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. 3(1) def. of unpaid community work condition inserted by No. 77/2010 s. 3(a) (as amended by No. 9/2011 s. 3), substituted by No. 65/2011 s. 3(12). unpaid community work condition means a condition that may be attached to a community correction order under section 48C(1); S. 3(1) def. of victim inserted by No. 24/1994 s. 4(1)(b), amended by No. 54/2000 s. 22(1). victim, in relation to an offence, means a person who, or body that, has suffered injury, loss or damage (including grief, distress, trauma or other significant adverse effect) as a direct result of the offence, whether or not that injury, loss or damage was reasonably foreseeable by the offender; S. 3(1) def. of violent offence inserted by No. 41/1993 s. 4(f), amended by No. 24/1994 s. 4(1)(c), repealed by No. 48/1997 s. 7(1). * * * * * S. 3(1) def. of working day inserted by No. 41/1993 s. 4(f). working day, in relation to a court, means a day on which the offices of the court are open; S. 3(1) def. of young person inserted by No. 41/1993 s. 4(f), repealed by No. 48/1997 s. 4(c). * * * * *
(a) to punish the offender to an extent and in a manner which is just in all of the circumstances; or (b) to deter the offender or other persons from committing offences of the same or a similar character; or (c) to establish conditions within which it is considered by the court that the rehabilitation of the offender may be facilitated; or (d) to manifest the denunciation by the court of the type of conduct in which the offender engaged; or (e) to protect the community from the offender; or (f) a combination of two or more of those purposes. S. 5(2AA) inserted by No. 48/1997 s. 5. (2AA) Despite anything to the contrary in this Act, in sentencing an offender a court must not have regard to— (a) any possibility or likelihood that the length of time actually spent in custody by the offender will be affected by executive action of any kind; or S. 5(2AA)(b) amended by No. 69/2014 s. 7. (b) any sentencing practices arising at any time out of section 10 of this Act as in force at any time before its expiry on 22 April 1997. S. 5(2AB) inserted by No. 69/1997 s. 4. (2AB) If, in sentencing an offender, a court imposes a less severe sentence than it would otherwise have imposed because of an undertaking given by the offender to assist, after sentencing, law enforcement authorities in the investigation or prosecution of an offence, the court must announce that it is doing so and cause to be noted in the records of the court the fact that the undertaking was given and its details.
S. 6B(2) def. of serious sexual offender amended by Nos 48/2006 s. 42(Sch. item 32.2(c)), 18/2008 s. 15, 74/2014 s. 18. serious sexual offender means an offender (other than a young offender)— (a) who has been convicted of 2 or more sexual offences for each of which he or she has been sentenced to a term of imprisonment or detention in a youth justice centre; or (ab) who has been convicted of an offence to which clause 1(a)(viii) of Schedule 1 applies for which he or she has been sentenced to a term of imprisonment or detention in a youth justice centre; or (ac) who has been convicted of committing the incidents of a sexual offence included in a course of conduct charge (within the meaning of clause 4A of Schedule 1 to the Criminal Procedure Act 2009) for which he or she has been sentenced to a term of imprisonment or detention in a youth justice centre; or (b) who has been convicted of at least one sexual offence and at least one violent offence arising out of the one course of conduct for each of 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 violent offender amended by No. 48/2006 s. 42(Sch. item 32.2(d)). serious violent offender means an offender (other than a young offender) who has been convicted of a serious violent offence for which he or she has been sentenced to a term of imprisonment or detention in a youth justice centre.
(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— (a) file a copy with the court; and (b) provide a copy to— (i) the offender or the legal practitioner representing the offender; and (ii) the prosecutor— and the copy must include a copy of any medical report attached to the victim impact statement. S. 8O inserted by No. 65/2011 s. 7. 8O Examination of victim (1) The court may, at the request of the offender or the prosecutor, call a victim who has made a victim impact statement, or a person who has made a victim impact statement on behalf of a victim, or a medical expert who made a medical report attached to a victim impact statement, to give evidence. (2) A victim or other person who gives evidence under subsection (1) may be cross-examined and reexamined.
(4) A court that imposes a term of imprisonment for an offence against the law of Victoria on a person already undergoing a sentence or sentences of imprisonment for an offence against the law of the Commonwealth must direct when the new term commences which must be no later than immediately after— (a) the completion of that sentence or those sentences if a non-parole period or period (as defined in Part 1B of the Crimes Act 1914 of the Commonwealth) was not fixed in respect of it or them; or (b) the end of that period if one was fixed. S. 16(5) repealed by No. 48/1997 s. 32(1). * * * * * (6) This section has effect despite anything to the contrary in any Act. S. 16A inserted by No. 87/2009 s. 58. 16A Person may consent to imprisonment in respect of unpaid fines S. 16A(1) amended by No. 32/2013 s. 56(1). (1) A person who has one or more warrants issued against him or her under section 69 and who is already in custody serving an uncompleted sentence of imprisonment may request, in writing, the sheriff to apply to the court for an order for that person to serve a period of imprisonment in default of payment of the outstanding fine or any instalment under an instalment order under any one or more warrants. S. 16A(2) amended by No. 32/2013 s. 56(2). (2) The Court may order that the person be imprisoned in accordance with section 16(2) for a term calculated in accordance with section 69N. (3) If the Court makes an order under subsection (2), the Court may count the time served by the person
S. 18(2) amended by Nos 53/2003 s. 4(2), 30/2010 s. 7(b). (2) Subsection (1) does not apply— (a) to a period of custody of less than one day; or S. 18(2)(b) amended by Nos 69/1997 s. 6(2)(a), 26/2014 s. 431(2). (b) to a sentence of imprisonment or period of detention in a designated mental health service of less than one day; or S. 18(2)(ba) inserted by No. 48/1997 s. 11(2)(a), repealed by No. 65/2011 s. 9. * * * * * S. 18(2)(bb) inserted by No. 30/2010 s. 7(c), repealed by No. 48/2011 s. 15. * * * * * S. 18(2)(c) amended by No. 48/1997 s. 11(2)(b), repealed by No. 32/2013 s. 10(2). * * * * * S. 18(2)(ca) inserted by No. 10/1999 s. 18(3), repealed by No. 1/2000 s. 8(b). * * * * *
(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), 26/2014 s. 434. (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 Court Secure Treatment Order imposed on the offender. 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.
specify the new place at which the offender must or must not reside. S. 48G(5) amended by No. 32/2013 s. 30(2). (5) The court must not attach a residence restriction or exclusion condition that is inconsistent with a child protection order, a family violence intervention order or a personal safety intervention order. S. 48H inserted by No. 65/2011 s. 21. 48H Place or area exclusion condition (1) A court which is making a community correction order may attach a condition to the order, directing that the offender must not enter or remain in a specified place or area. Example The following are examples of directions that may be made under a condition attached under subsection (1)— (a) that the offender must not enter or remain in a specified sporting venue in Victoria; (b) that the offender must not enter or remain in the central business district of Melbourne. Note Exclusion from a place or area that is a licensed premises may be a condition of an order under section 48J, alcohol exclusion condition. (2) When attaching a place or area exclusion condition the court may have regard to any effect the attaching of the condition may have on any employment of the offender. (3) When attaching a place or area exclusion condition the court may specify that the condition applies for the period of the order or for any lesser period specified in the order. S. 48H(4) amended by No. 32/2013 s. 31. (4) The court must not attach a place or area exclusion condition that is inconsistent with a child protection order, a family violence intervention order or a personal safety intervention order.
Pt 3B (Heading and ss 49–69) amended by Nos 41/1993 ss 12–15, 69/1997 ss 7–9, 108/1997 s. 156(e), 10/1999 s. 31(4)(a), 10/2004 s. 15(Sch. 1 items 19/2005 s. 11(2), 32/2006 ss 92(2)(3), 93, 30/2010 s. 19, 65/2011 ss 21–27, 26/2012 ss 38–53, 48/2012 s. 45, substituted as Pt 3B (Heading and ss 49–69ZG) by No. 32/2013 s. 47 (as amended by No. 77/2013 ss 45, 48). Division 1—Fines S. 49 substituted by No. 32/2013 s. 47 (as amended by No. 77/2013 ss 45, 48). 49 Power to fine If a person is found guilty of an offence the court may, subject to any specific provision relating to the offence, fine the offender in addition to or instead of any other sentence to which the offender may be liable. S. 50 substituted by No. 32/2013 s. 47 (as amended by No. 77/2013 ss 45, 48). 50 Maximum fine (1) The maximum fine that a court may impose under section 49 is— (a) the appropriate maximum specified in the specific provision; or
Pt 3BA (Heading) inserted by No. 26/2012 s. 54. Pt 3 Div. 5 (Heading) substituted as Pt 3B Div. 2 (Heading) by No. 65/2011 s. 28, renumbered as Pt 3BA Div. 1 by No. 26/2012 s. 55. Division 1—Dismissals, discharges and adjournments Subdivision (1)—General S. 70 amended by No. 48/1997 s. 20(1). 70 Purpose of orders under this Division (1) An order may be made under this Division— (a) to provide for the rehabilitation of an offender by allowing the sentence to be served in the community unsupervised; (b) to take account of the trivial, technical or minor nature of the offence committed; S. 70(1)(ba) inserted by No. 31/2013 s. 9(1). (ba) to allow for the offender to demonstrate his or her remorse in a manner agreed to by the court; (c) to allow for circumstances in which it is inappropriate to record a conviction; (d) to allow for circumstances in which it is inappropriate to inflict any punishment other than a nominal punishment; (e) to allow for the existence of other extenuating or exceptional circumstances
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(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). * * * * * S. 83A(1)(b) amended by No. 77/2010 s. 21(1)(c). (b) the court is of the opinion that sentencing should, in the interests of the offender, be deferred; and (c) the offender agrees to a deferral of sentencing— the court may defer sentencing the offender for a period not exceeding 12 months. S. 83A(1A) inserted by No. 77/2010 s. 21(2). (1A) The court may defer sentencing the offender under subsection (1) for any one or more of the following purposes—
(g) any other person who, or body that, employs or engages an emergency service worker; S. 87C def. of emergency service worker amended by Nos 51/2005 s. 58(8), 37/2014 s. 10(Sch. item 151.5(b)). emergency service worker means— (a) a police officer; or (b) a police reservist within the meaning of the Victoria Police Act 2013; or (c) a protective services officer appointed under section 38 of the Victoria Police Act 2013; or (d) a person employed by the Metropolitan Fire and Emergency Services Board established under the Metropolitan Fire Brigades Act 1958 or a member of a fire or emergency service unit established under that Act; or (e) an officer or employee of the Country Fire Authority under the Country Fire Authority Act 1958; or (f) an officer or member of a brigade under the Country Fire Authority Act 1958, whether a part-time officer or member, a permanent officer or member or a volunteer officer or member within the meaning of that Act; or (g) a casual fire-fighter within the meaning of Part V of the Country Fire Authority Act 1958; or (h) a volunteer auxiliary worker appointed under section 17A of the Country Fire Authority Act 1958; or (i) a person employed in the Department of Natural Resources and Environment with emergency response duties; or
disqualified from obtaining a driver licence or learner permit or from driving a motor vehicle on a road in Victoria. 2 Particulars of any order made by a court under this section must be sent immediately to the Roads Corporation—see section 87Q. S. 89B substituted by No. 56/2013 s. 32. 89B Commencement of period of disqualification A period of disqualification under section 89(1), (3) or (4) or section 89A(1) commences on the day that the order imposing it is made or on any later day that the court specifies in the order. S. 89C substituted by No. 56/2013 s. 32. 89C Finding on cancellation of driver licence or learner permit or driver disqualification (1) Subject to subsection (2), a court, in addition to making an order under section 89(1), (3) or (4) or section 89A(1), may make a finding that the offence was committed while the offender was under the influence of alcohol or a drug, or both alcohol and a drug, which contributed to the offence. (2) If a person is found guilty or convicted of an offence under section 318(1) of the Crimes Act 1958 in respect of which the culpable driving is constituted by behaviour referred to in paragraph (c) or (d) or in both paragraphs (c) and (d) of section 318(2) of that Act, in addition to making an order under section 89(1) the court must make a finding that the offence was committed while the offender was under the influence of alcohol or a drug, or both alcohol and a drug, (as the case requires) which contributed to the offence. (3) If a finding of a kind referred to in subsection (2) is not made in the circumstances to which that subsection applies, the relevant finding must be taken to have been made. Note
Pt 4 Div. 5 (Heading and s. 89DI) inserted by No. 55/2014 s. 49. Division 5—Serious drug offender S. 89DI inserted by No. 55/2014 s. 49. 89DI Declaration by court that person is serious drug offender (1) On the conviction of a person by a court for a serious drug offence, the court must make an order declaring the person to be a serious drug offender. (2) In this section— serious drug offence has the same meaning as in section 3(1) of the Confiscation Act 1997. __________________ Pt 4A (Heading and ss 89E–89H) inserted by No. 22/2009 s. 6. S. 89E inserted by No. 22/2009 s. 6. 89E Definitions In this Part— identification information has the same meaning as in section 192A of the Crimes Act 1958;
(c) an employee referred to in section 108M(2)— any function or power of the Council, other than the function under section 108C(1)(a) or this power of delegation. S. 108F inserted by No. 13/2003 s. 6. 108F Board of directors S. 108F(1) amended by No. 9/2011 s. 6(1). (1) There shall be a board of directors of the Council consisting of not less than 11, and not more than 14, directors of whom— (a) two must be people who have, in the opinion of the Attorney-General, broad experience in community issues affecting courts; (b) one must have experience as a senior member of the academic staff of a tertiary institution; (c) one must be a person who is a member of a victim of crime support or advocacy group; S. 108F(1)(ca) inserted by No. 9/2011 s. 6(2). (ca) one must be a person who is involved in the management of a victim of crime support group or advocacy group and who is a victim of crime or a representative of victims of crime; S. 108F(1)(cb) inserted by No. 9/2011 s. 6(2), amended by No. 37/2014 s. 10(Sch. item 151.7). (cb) one must be a police officer who is actively engaged in criminal law enforcement duties and who is of the rank of senior sergeant or below; (d) one must be a person who, in the opinion of the Attorney-General, is a highly experienced prosecution lawyer;
(2) Subsection (1) is subject to any contrary intention in any Act other than this Act. 113 Maximum term of imprisonment for indictable offence heard and determined summarily S. 113(1) amended by Nos 48/1997 s. 28(7), 68/2009 s. 97(Sch. item 110.81). (1) If a person is convicted by the Magistrates' Court in a summary hearing of an indictable offence under section 28(1) of the Criminal Procedure Act 2009, the maximum term of imprisonment to which the Court may sentence the offender is 2 years. (2) Subsection (1) is subject to any contrary intention appearing in any Act other than this Act. S. 113A inserted by No. 48/1997 s. 31. 113A Maximum term of imprisonment for summary offence S. 113A(1) amended by No. 69/1997 s. 17. (1) If a person is convicted of a summary offence punishable, but for this section, by a term of imprisonment of more than 2 years, the maximum term of imprisonment to which a court may sentence the offender in respect of that offence is 2 years. (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. 116(1)(c) amended by No. 65/2011 s. 51(b). (c) the commencement of community correction orders, the matters to be specified in those orders, the supply of copies of those orders to specified persons and the obligations of persons subject to those orders; and S. 116(1)(ca) inserted by No. 26/2012 s. 66. (ca) fine conversion orders or fine default unpaid community work orders, including but not limited to the commencement of those orders, the matters to be specified in those orders, the supply of copies of those orders to specified persons and the obligations of persons subject to those orders; and S. 116(1)(d) amended by No. 65/2011 s. 51(c). (d) the payment of fines by or on behalf of a person required to perform unpaid community work under a fine conversion order or fine default unpaid community work order; and S. 116(1)(e) repealed by No. 65/2011 s. 51(d). * * * * * 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 (g) any other matter or thing required or permitted by this Act to be prescribed or
irrespective of when the sentencing hearing commenced. (2) An application may be made under section 89F in relation to an identity crime offence (within the meaning of section 89E) committed before the commencement of section 6 of the Crimes Amendment (Identity Crime) Act 2009. S. 138 inserted by No. 69/2009 s. 54(Sch. Pt 1 item 51.5). 138 Transitional provision—Statute Law Amendment (Evidence Consequential Provisions) Act 2009 Sections 89(3F) and 89B(6) do not apply to a hearing that commenced before the day the Statute Law Amendment (Evidence Consequential Provisions) Act 2009 and that— (a) continued on or after that day; or (b) was adjourned until that day or a day after that day. S. 138 inserted by No. 68/2009 s. 97(Sch. item 110.83), renumbered as s. 139 by No. 7/2010 s. 14(1). 139 Transitional provision—Criminal Procedure Act 2009 (1) Subject to subsection (2), the maximum fine set out in section 112A, as inserted by section 433 of the Criminal Procedure Act 2009, applies to a sentence imposed on or after the commencement of section 433 of that Act, irrespective of when the criminal proceeding commenced and irrespective of when the Magistrates' Court determined to grant a summary hearing. (2) If— (a) the maximum fine set out in section 112A is greater than the maximum fine that applies to the summary hearing of an indictable offence immediately before the commencement of section 433 of the Criminal Procedure Act 2009; and (b) before the commencement of section 433 of that Act, the Magistrates' Court determined
Sch. 1 amended by Nos 43/1994 s. 56(Sch. item 6.2), 36/1995 s. 13(2), substituted by No. 48/1997 s. 34. 1 1 Sexual offences This clause applies to the following offences— Sch. 1 cl. 1(a) amended by No. 69/1997 s. 21. (a) 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: (i) section 38 (rape); Sch. 1 cl. 1(a)(ia) inserted by No. 2/2006 s. 43(2)(a), amended by No. 74/2014 s. 19(3)(a). (ia) section 39 (rape by compelling sexual penetration) if the person against whom the offence is committed is a child; Sch. 1 cl. 1(a)(ii) substituted by No. 57/2005 s. 50(2)(a), amended by No. 74/2014 s. 19(3)(b). (ii) section 40 (sexual assault) or 41 (sexual assault by compelling sexual touching); Sch. 1 cl. 1(a)(iii) amended by No. 74/2014 s. 19(3)(c). (iii) section 42 (assault with intent to commit a sexual offence) or 43 (threat to commit a sexual offence); (iv) section 44(1), (2) or (4) (incest) but not section 44(4) if 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; 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)(ixa) inserted by No. 7/2014 s. 5(2). (ixa) section 49B(2) (grooming for sexual conduct with child under the age of 16 years). Sch. 1 cl. 1(a)(x) amended by No. 2/2006 s. 43(2)(c). (x) section 51 (sexual offences against persons with a cognitive impairment by providers of medical or therapeutic services); Sch. 1 cl. 1(a)(xi) amended by No. 2/2006 s. 43(2)(d). (xi) section 52 (sexual offences against persons with a cognitive impairment by providers of special programs);
(xii) section 53 (administration of drugs, etc.); Sch. 1 cl. 1(a)(xiia) inserted by No. 57/2005 s. 50(2)(c). (xiia) section 54 (occupier etc. permitting unlawful sexual penetration); (xiii) section 55 (abduction or detention); (xiv) section 56 (abduction of child under the age of 16); (xv) section 57 (procuring sexual penetration by threats or fraud); Sch. 1 cl. 1(a)(xvi) amended by No. 2/2006 s. 43(2)(e) (as amended by No. 76/2006 s 14(2)(a)). (xvi) section 58 (procuring sexual penetration of a child); Sch. 1 cl. 1(a)(xvia) inserted by No. 20/2004 s. 9. (xvia) section 60AB(2), (3) or (4) (sexual servitude); Sch. 1 cl. 1(a)(xvib) inserted by No. 20/2004 s. 9. (xvib) section 60AC (aggravated sexual servitude); Sch. 1 cl. 1(a)(xvic) inserted by No. 20/2004 s. 9. (xvic) section 60AD (deceptive recruiting for commercial sexual services); Sch. 1 cl. 1(a)(xvid) inserted by No. 20/2004 s. 9. (xvid) section 60AE (aggravated deceptive recruiting for commercial sexual services); Sch. 1 cl. 1(a)(xvie) inserted by No. 57/2005 s. 50(2)(d). (xvie) section 59(1) (bestiality);
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: 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 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 Working with Children Act 2005, No. 57/2005 (as amended by No. 93/2005) 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 Health Professions Registration Act 2005, No. 97/2005