S. 3(1) def. of Chief of Police inserted by No. 77/2010 s. 3(a) (as amended by No. 9/2011 s. 3), repealed by No. 37/2014 s. 10(Sch. item 151.1(b)). * * * * * S. 3(1) def. of Chief General Manager repealed by No. 46/1998 s. 7(Sch. 1). * * * * * S. 3(1) def. of chief psychiatrist amended by No. 26/2014 s. 429(1)(c)). chief psychiatrist means chief psychiatrist within the meaning of the Mental Health Act 2014; 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 of combined custody and treatment order inserted by No. 48/1997 s. 4(a), repealed by No. 65/2011 s. 3(14)(a).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 of order repealed by No. 65/2011 s. 3(14)(b).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; based
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 of of Community Services repealed by No. 46/1998 s. 7(Sch. 1).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 of of Corrections repealed by No. 45/1996 s. 18(Sch. 2 item 11.1). * * * * * 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 of person repealed by No. 43/2010 s. 48(1)(a).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; dependent
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 of personal development condition repealed by No. 65/2011 s. 3(14)(e).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 (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 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;
S. 3(1) def. of residence restriction or exclusion condition inserted by No. 65/2011 s. 3(1). residence restriction or exclusion condition means a condition that may be attached to a community correction order under section 48G(1); S. 3(1) def. of residential treatment facility inserted by No. 23/2006 s. 226(b). residential treatment facility has the same meaning as it has in section 3(1) of the Disability Act 2006; S. 3(1) def. of residential treatment order inserted by No. 23/2006 s. 226(b), amended by No. 65/2011 s. 3(9). residential treatment order means an order made under section 82AA(1); S. 3(1) def. of restricted involuntary treatment order inserted by No. 69/2005 s. 3(1)(a), repealed by No. 26/2014 s. 429(1)(h). * * * * * S. 3(1) def. of Secretary inserted by No. 46/1998 s. 7(Sch. 1), substituted by No. 65/2011 s. 3(10). Secretary means the Secretary to the Department of Justice;
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 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(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. 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(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(2BB)(a) amended by No. 21/2008 s. 25(1). (a) the conditions of the extended supervision order or interim extended supervision order to which the offender is subject under that Act; and (b) the terms of any current directions or instructions given by the Adult Parole Board under section 16 of that Act in relation to that order. S. 5(2BC) inserted by No. 34/2005 s. 27, amended by No. 57/2005 s. 50(1). (2BC) In sentencing an offender a court must not have regard to any consequences that may arise under the Sex Offenders Registration Act 2004 or the Working with Children Act 2005 from the imposition of the sentence.
(4) A drug and alcohol assessment report may set out any matters which, on investigation, appear to the author of the report to be relevant to the assessment of the offender and are readily ascertainable by him or her. (5) The author of a drug and alcohol assessment report must conduct any investigation that he or she thinks appropriate or that is directed by the court. S. 8F inserted by No. 65/2011 s. 7. 8F Distribution of drug and alcohol assessment report (1) A drug and alcohol assessment report must be filed with the court no later than the time directed by the court. (2) The author of a drug and alcohol assessment report must, a reasonable time before sentencing is to take place, provide a copy of the report to— (a) the prosecutor; and (b) any legal practitioner representing the offender; and (c) if the court has so directed, the offender; and (d) any other person that the court considers appropriate. S. 8G inserted by No. 65/2011 s. 7. 8G Disputed drug and alcohol assessment report (1) The prosecution or the defence may file with the court a notice of intention to dispute the whole or any part of a drug and alcohol assessment report. (2) If a notice is filed under subsection (1) before sentencing is to take place, the court must not take the report or the part in dispute (as the case requires) into consideration when determining sentence unless the party that filed the notice has been given the opportunity—
(i) the frequency of treatment; or (ii) the degree of supervision; or (iii) the frequency of drug or alcohol testing; or (iv) the type or frequency of vocational, educational, employment or other programs that the offender must attend. S. 18ZI inserted by No. 2/2002 s. 5. 18ZI Case conferences (1) For the purpose of being informed from time to time about the progress being made by an offender subject to a drug treatment order, the magistrate constituting the may convene a case conference. S. 18ZI(2) amended by No. 18/2005 s. 18(Sch. 1 item 97.2). (2) A case conference may be attended by a lawyer, a prosecutor, a health service provider, a community corrections officer or anyone else whom the magistrate thinks should attend. (3) For the purposes of section 91 of the Corrections Act 1986, an officer referred to in that section who discloses at a case conference information about an offender subject to a drug treatment order is taken to be performing his or her official duties. (4) No objection can be taken to a magistrate subsequently constituting the in a proceeding on the ground that he or she had previously convened a case conference in relation to the proceeding. S. 18ZJ inserted by No. 2/2002 s. 5. 18ZJ Rewards for complying with conditions (1) The may, on its own initiative, confer a reward from time to time on an offender who is or has been fully or substantially complying with the
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 (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—
(4) This section has effect despite anything to the contrary in any Act. 34 Commencement of sentences S. 34(1) amended by No. 48/1997 s. 17(7). (1) Subject to sections 33 and 35, a sentence of detention commences— S. 34(1)(a) amended by No. 48/1997 s. 16(1). (a) if the young offender is immediately detained in custody under the the day that it is imposed; or S. 34(1)(b) amended by No. 48/1997 s. 16(1). (b) if the young offender is serving a sentence of imprisonment which is cumulative on the sentence of detention—on the day the sentence of imprisonment is completed; or S. 34(1)(c) amended by Nos 48/1997 ss 16(1), 17(8), 48/2006 s. 42(Sch. item 32.6. (c) in any other case—on the day the young offender is apprehended under a warrant to detain in a youth justice centre or a youth residential centre issued in respect of the sentence. S. 34(2) amended by No. 48/1997 ss 16(4), 17(7). (2) If a young offender sentenced to a term of detention is allowed to be or to go at large for any reason, the period between then and the day on which he or she is taken into custody to undergo the sentence does not count in calculating the term to be served and service of the sentence is suspended during that period. S. 34(3) amended by No. 48/1997 ss 16(4), 17(7). (3) If a young offender lawfully detained under a sentence escapes or fails to return after an authorised absence, the period between then and the day on which he or she surrenders or is apprehended does not count in calculating the term to be served and service of the sentence is suspended during that period. S. 34(4) amended by No. 48/1997 s. 17(7). (4) Despite anything to the contrary in this or any other Act or in any rule of law or practice, a sentence of detention must be calculated exclusive
(4) An application must be made before the commencement of a hearing under section 69D in respect of the fine. S. 62 substituted by No. 32/2013 s. 47 (as amended by No. 77/2013 ss 45, 48). 62 Notice of application Notice of an application under section 61 must be given— (a) to the offender; and (b) to the Director of Public Prosecutions (if the sentencing court was the Supreme Court or the County Court) or to the informant or police prosecutor (if the sentencing court was the Magistrates' Court). S. 63 substituted by No. 32/2013 s. 47 (as amended by No. 77/2013 ss 45, 48). 63 Variation or cancellation of order (1) On an application under section 61, the court may vary the order or cancel it if the court is satisfied— (a) that the circumstances of the offender have materially altered since the order was made and as a result the offender is unable to comply with the order; or (b) that the circumstances of the offender were wrongly stated or were not accurately presented to the court or the author of a presentence report before the order was made; or (c) that the offender is no longer willing to comply with the order. (2) If the court cancels the order, it may, subject to subsection (3), deal with the offender for the offence or offences with respect to which it was made in any manner in which the court could deal with the offender if it had just found the offender guilty of that offence or those offences.
Division 8—Enforcement of fines against bodies corporate S. 69Y inserted by No. 32/2013 s. 47 (as amended by No. 77/2013 ss 45, 48). 69Y Enforcement of fines against bodies corporate (1) If a body corporate defaults in respect of a fine or of any instalment under an instalment order by not making payment by the end of 28 days after the due date for payment the court or the proper officer may issue a warrant to seize property against it. (2) A warrant issued under subsection (1) must not be executed unless the fine or instalment or any part of the fine or instalment together with all lawful costs of execution remain unpaid for 7 days after a demand is made on the body corporate by a person authorised to execute the warrant and the body corporate has not within that period obtained an instalment order or time to pay order. (3) The person making the demand under subsection (2) must deliver to the body corporate a statement in writing in the prescribed form setting out a summary of the provisions of this Part relating to the enforcement of fines against bodies corporate. Division 9—General S. 69Z inserted by No. 32/2013 s. 47 (as amended by No. 77/2013 ss 45, 48). 69Z Notice of orders to be given An order under this Part is not binding on an offender if the offender has not been given notice of it in the manner required by or under this Part. S. 69ZA inserted by No. 32/2013 s. 47 (as amended by No. 77/2013 ss 45, 48). 69ZA Oath or affirmation A court, or a proper officer of a court, may administer an oath or affirmation for the purposes of proceedings under this Part.
(b) that the offender is of good behaviour during the period of the adjournment; and S. 75(2)(c) amended by No. 31/2013 s. 9(3). (c) that the offender observes any special conditions imposed by the court and may include a condition requiring the offender to make a payment to an organisation that provides a charitable or community service or to the court for payment to such an organisation. S. 75(3) amended by Nos 48/1997 s. 28(1), 65/2011 s. 30, 26/2012 s. 57. (3) Subject to Division 2 of Part 3BA, a court may attach a justice plan condition that the offender participate in the services specified in a justice plan for a period of up to 2 years specified by the court or the period of the adjournment, whichever is the shorter. S. 75(4) amended by No. 68/2009 s. 97(Sch. item 110.53). (4) An offender who has given an undertaking under subsection (1) may be called on to attend before the court— (a) by order of the court; or (b) by notice issued by the proper officer of the court. S. 75(5) amended by No. 68/2009 s. 97(Sch. item 110.54). (5) An order or notice under subsection (4) must be served on the offender not less than 4 days before the time specified in it for the attendance. (6) If at the time to which the further hearing of a proceeding is adjourned the court is satisfied that the offender has observed the conditions of the undertaking, it must dismiss the charge without any further hearing of the proceeding. 76 Unconditional dismissal
definition of residual employer financed component using the Treasury bond rate for the last working day of the previous financial year; relevant offence means an indictable offence committed by a person at the time when the person was a public sector employee; relevant superannuation scheme means any superannuation scheme of which an offender— (a) is a member at the date of the conviction for the relevant offence; or (b) has been a member at any time before that date; residual employer financed component means the total sum, as determined by the administrators of the relevant superannuation scheme after, where appropriate, obtaining advice from an actuary appointed by the administrators, of— (a) the value of the total superannuation benefit as at the relevant date after deducting— (i) the member financed component; and (ii) the SG component; and (iii) the amount of any adjustment to that superannuation benefit in respect of any surcharge recoverable under the governing instrument of the relevant superannuation scheme; and (iv) the amount (if any) of the superannuation benefit financed by an employer and attributable to
S. 86(9)(c) amended by No. 19/1999 s. 11, repealed by No. 68/2009 s. 97(Sch. item 110.66). * * * * * S. 86(9)(d) inserted by No. 19/1999 s. 11, amended by Nos 54/2000 s. 22(2)(d), 49/2012 s. 7(4)(a). (d) any victim impact statement made to the court for the purpose of assisting it in determining sentence; or S. 86(9)(e) inserted by No. 49/2012 s. 7(4)(b). (e) any other documentary evidence acceptable to the court of— (i) loss or destruction of, or damage to, property suffered by a person as a result of the offence; or (ii) the amount of the loss suffered or the expense incurred as a result of that destruction or damage. S. 86(9A)–(9C) inserted by No. 81/1996 s. 74(2), repealed by No. 54/2000 s. 22(2)(e). * * * * * S. 86(9D) inserted by No. 19/1999 s. 12(2). (9D) Despite any rule of law or practice to the contrary or any provision to the contrary made by or under any other Act, each party to a proceeding under this section must bear their own costs of the proceeding unless the court otherwise determines. S. 86(10) amended by Nos 81/1996 s. 74(3), 54/2000 s. 22(2)(f). (10) Nothing in this section takes away from, or affects the right of, any person to recover damages for, or to be indemnified against, any loss, destruction or damage so far as it is not satisfied by payment or recovery of compensation under this section.
Pt 4 Div. 3 (Heading and ss 87P–89D) amended by Nos 57/1998 s. 26(1)(2), 1/2002 ss 49/2004 ss 43, 44, 59/2004 s. 9, 110/2004 s. 45, 81/2006 s. 7, 68/2009 s. 97(Sch. item 110.69), 69/2009 s. 54(Sch. Pt 1 items 51.3, 51.4), 93/2009 s. 49(1), 83/2012 s. 33(1)–(3), substituted as Pt 4 Div. 3 (Heading and ss by No. 56/2013 s. 32. Division 3—Driver Licences and Learner Cancellation and Driver Disqualification S. 87P substituted by No. 56/2013 s. 32. 87P Definition In this Division— serious motor vehicle offence means— (a) manslaughter arising out of the driving of a motor vehicle; or (b) an offence under section 24 of the Crimes Act 1958 in respect of serious injury arising out of the driving of a motor vehicle; or (c) an offence under section 318 of the Crimes Act 1958 arising out of the driving of a motor vehicle (other than the operating of a vessel); or
S. 94D inserted by No. 26/2014 s. 435. 94D Custody of persons subject to Court Assessment Order or Court Secure Treatment Order A court, when making a Court Assessment Order or Court Secure Treatment Order, may include in the Order the names of a person or persons who shall be responsible for taking the person subject to the Order— (a) to the designated mental health service named in the Order; or (b) from the designated mental health service to the court in connection with the exercise by the court of its powers under section 94. Division 4—Transitional Provisions S. 94E inserted by No. 26/2014 s. 435. 94E Definition In this Division— 2014 Act means the Mental Health Act 2014. S. 94F inserted by No. 26/2014 s. 435. 94F Assessment order and diagnosis, assessment and treatment order (1) On and after 1 July 2014, a person is taken to be subject to an Inpatient Court Assessment Order under the 2014 Act if, immediately before 1 July 2014, the person is subject to— (a) an assessment order under section 90 of this Act as in force immediately before 1 July 2014; or (b) a diagnosis, assessment and treatment order under section 91 of this Act as in force immediately before 1 July 2014. (2) An Inpatient Court Assessment Order referred to in subsection (1) is taken to come into force on
(1) The failure of a court to give reasons or to comply with any other procedural requirement contained in this Act in sentencing an offender does not invalidate any sentence imposed by it. (2) Nothing in subsection (1) prevents a court on an appeal against sentence from reviewing a sentence imposed by a court in circumstances where there has been a failure that is referred to in that subsection. Pt 7 (Heading) substituted by No. 19/2015 s. 4. S. 104 (Heading) inserted by No. 19/2015 s. 5(1). 104 Correction of sentences by Supreme Court on judicial review S. 104(1) amended by No. 68/2009 s. 97(Sch. item 110.79). (1) If— S. 104(1)(a) amended by No. 19/2015 s. 5(2)(a). (a) a person has been sentenced (whether at first instance or on appeal) by the County Court or the Magistrates' Court for an offence; and S. 104(1)(b) amended by No. 19/2015 s. 5(2)(b). (b) an application is made to the Supreme Court for relief or remedy in the nature of certiorari to remove the proceeding into the Supreme Court; and S. 104(1)(c) amended by No. 19/2015 s. 5(2)(c). (c) the Supreme Court determines that the sentence imposed was beyond the power of the sentencing court— the Supreme Court may, instead of setting aside the conviction, amend the conviction by substituting for the sentence imposed a sentence which the sentencing court had power to impose.
application or subsequently submitted by the applicant; and (b) must have regard to any advice provided by any person to whom the Secretary has referred the application for advice; and Note See section 105F. (c) may make enquiries to, or request information on the application from, any person or body that the Secretary thinks fit, including any court and the Director of Public Prosecutions; and (d) may require the applicant to provide any further information that the Secretary thinks fit in the manner required by the Secretary within 28 days or any longer period that the Secretary determines; and (e) must not hold an oral hearing for the purpose of determining the application. (2) Subsection (3) applies to a record of the investigation of an offence or of any proceedings relating to an offence which the Secretary has obtained because of a consent given by an applicant under section 105B(5)(b) or an enquiry or request made by the Secretary under subsection (1)(c) in relation to an application. (3) The Secretary, as soon as reasonably practical after obtaining the record— (a) must give the applicant access to it, except so far as it contains information relating to the personal affairs of any person other than the applicant; and (b) must give written notice to the applicant that the Secretary will not proceed to determine the application until at least 28 days, or any
S. 149A inserted by No. 31/2013 s. 10. 149A Validation—Justice Legislation Amendment Act 2013 Schedule 4 has effect. S. 149B inserted by No. 32/2013 s. 5. 149B Transitional provision—Sentencing Amendment (Abolition of Suspended Sentences and Other Matters) Act 2013 (1) In this section— 2013 Act means the Sentencing Amendment (Abolition of Suspended Sentences and Other Matters) Act 2013. (2) The amendment of this Act made by Division 1 of Part 2 of the 2013 Act does not apply to a proceeding that was transferred under section 168 of the Criminal Procedure Act 2009 before the commencement of Division 1 of Part 2 of the 2013 Act. S. 149C inserted by No. 32/2013 s. 7. 149C Further transitional provision—Sentencing Amendment (Abolition of Suspended Sentences and Other Matters) Act 2013 (1) In this section— 2013 Act means the Sentencing Amendment (Abolition of Suspended Sentences and Other Matters) Act 2013; old suspended sentence order means a suspended sentence order made under Subdivision (3) of Division 2 of Part 3 of this Act as in force before the commencement of Division 2 of Part 2 of the 2013 Act, being an order in force immediately before that commencement; (2) Despite the commencement of Division 2 of Part 2 of the 2013 Act, an old suspended sentence order is taken to continue in force on and from
(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)(xvi) amended by No. 2/2006 s. 43(2)(e) (as amended by No. 76/2006 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); Sch. 1 cl. 1(a)(xvif) inserted by No. 57/2005 s. 50(2)(d). (xvif) section 60 (soliciting acts of sexual penetration or indecent acts); Sch. 1 cl. 1(a)(xvig) inserted by No. 57/2005 s. 50(2)(d). (xvig) section 68(1) (production of child pornography); Sch. 1 cl. 1(a)(xvih) inserted by No. 57/2005 s. 50(2)(d). (xvih) section 69 (procurement of minor for child pornography);
PART C Number Place where offence committed Date of offence Description of offence (with particulars) 1 2 3 4 etc. Sch. 3 (Heading) substituted by No. 45/2012 s. 11(2). Sch. 3 amended by No. 81/1991 s. 10(Sch. item 3.1), repealed by No. 48/1997 s. 34, new Sch. 3 inserted by No. 65/2011 s. 54, amended by No. 45/2012 s. 11(1). 2011 Part 1—Definitions 1 Definitions In this Schedule— old combined custody and treatment order means a combined custody and treatment order within the meaning of section 3(1) as in force before the commencement of section 12 of the Sentencing Amendment (Community Correction Reform) Act 2011, being an order in force immediately before that commencement; old community-based order means a order within the meaning of section 3(1) as in force before the commencement of section 21 of the Sentencing Amendment (Community Correction Reform) Act 2011, being an
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 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: 18.6.02 Commencement Date: S. 28(Sch. item 5.1) on 2.5.02: s. 2(2); s. 28(Sch. item 5.2) on 19.6.02: s. 2(1) : This information relates only to the provision/s amending the Sentencing Act 1991 Crimes (Property Damage and Computer Offences) Act 2003, No. 10/2003 Assent Date: 6.5.03 Commencement Date: Ss 13, 14 on 7.5.03: s. 2 : This information relates only to the provision/s amending the Sentencing Act 1991 Sentencing (Amendment) Act 2003, No. 13/2003 Assent Date: 6.5.03 Commencement Date: Ss 4–6 on 1.7.04: s. 2(3) : This information relates only to the provision/s amending the Sentencing Act 1991 Corrections and Sentencing Acts (Home Detention) Act 2003, No. 53/2003 Assent Date: 16.6.03 Commencement Date: Ss 3–8 on 1.1.04: s. 2(5) : This information relates only to the provision/s amending the Sentencing Act 1991 Confiscation (Amendment) Act 2003, No. 63/2003
Assent Date: 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