(ii) 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; (iii) an interim intervention order made on grounds referred to in section 8 of that Act; S. 3(1) def. of fine amended by Nos 19/1999 s. 12(1), 31/2013 s. 8, substituted by No. 32/2013 s. 46(1). fine means the sum of money payable by an offender under an order of a court made on the offender being convicted or found guilty of an offence and includes costs but does not include— (a) money payable by way of restitution or compensation; or (b) any costs of or incidental to an application for restitution or compensation payable by an offender under an order of a court; or s. 3 (c) costs incurred between the parties in a civil proceeding; or (d) costs incurred by third parties; or (e) money payable by an offender under an order of a court to an organisation that provides a charitable or community service or to the court for payment to such an organisation; S. 3(1) def. of fine conversion order inserted by No. 65/2011 s. 3(1), amended by Nos 26/2012 s. 27(3), 32/2013 s. 46(2). fine conversion order means an order made under section 64 or 66(3) of a kind referred to in section 66(2) or any order made under those provisions as varied under section 67;
S. 3(1) def. of inspector repealed by No. 43/2010 s. 48(1)(a). * * * * * S. 3(1) def. of instalment order amended by Nos 65/2011 s. 3(5), 26/2012 s. 27(5). instalment order means an order made under Part 3B that a fine be paid by two or more instalments and includes such an order as varied under that Part; S. 3(1) def. of intensive correction management order inserted by No. 77/2010 s. 3(a) (as amended by No. 9/2011 s. 3), repealed by No. 65/2011 s. 3(13)(a). * * * * * s. 3 S. 3(1) def. of intensive correction management order (drug and alcohol) inserted by No. 77/2010 s. 3(a) (as amended by No. 9/2011 s. 3), repealed by No. 65/2011 s. 3(13)(b). * * * * *
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 of personal development condition repealed by No. 65/2011 s. 3(14)(e).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;
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). restricted involuntary treatment order means an order made under section 93; 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 S. 3(1) def. of Secretary to the Department of Health inserted by No. 29/2010 s. 71(1). Secretary to the Department of Health means the Department Head (within the meaning of the Public Administration Act 2004) of the Department of Health; 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. 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 In determining the character of an offender a court may consider (among other things)— (a) the number, seriousness, date, relevance and nature of any previous findings of guilt or convictions of the offender; and (b) the general reputation of the offender; and (c) any significant contributions made by the offender to the community.
S. 6AAA inserted by No. 8/2008 s. 3. 6AAA Sentence discount for guilty plea (1) If— (a) in sentencing an offender, a court imposes a less severe sentence than it would otherwise have imposed because the offender pleaded guilty to the offence; and (b) the sentence imposed on the offender is or includes— (i) an order under Division 2 of Part 3; or (ii) a fine exceeding 10 penalty units; or (iii) an aggregate fine exceeding 20 penalty units— the court must state the sentence and the period, if any, that it would have imposed but for the plea of guilty. (2) If an offender is sentenced for more than one offence in the same proceeding and subsection (1)(a) and (b) apply, the court must state, in respect of any total effective period of imprisonment— (a) the sentence; and (b) the non-parole period, if any— that it would have imposed but for the plea of guilty and need not state those matters in respect of each offence. s. 6AAA (3) In the case of a sentence other than a sentence referred to in subsection (1)(b), the court may state the sentence that it would have imposed but for the plea of guilty. parole
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. S. 16(3A) inserted by No. 41/1993 s. 8(c), repealed by No. 48/1997 s. 7(5). * * * * *
(b) on an application made by the Director of Public Prosecutions. (6) A court may impose an indefinite sentence in respect of a serious offence regardless of the maximum penalty prescribed for the offence. (7) If a court is considering imposing an indefinite sentence on an offender it must also consider whether section 90 or 91 applies and, if it considers that one of those sections applies, the court must make an assessment order under section 90 or a diagnosis, assessment and treatment order under section 91, as the case requires. S. 18B inserted by No. 41/1993 s. 9. 18B When court may impose indefinite sentence in respect of serious offence s. 18B (1) A court may only impose an indefinite sentence on an offender in respect of a serious offence if it is satisfied, to a high degree of probability, that the offender is a serious danger to the community because of— (a) his or her character, past history, age, health or mental condition; and (b) the nature and gravity of the serious offence; and (c) any special circumstances. (2) In determining whether the offender is a serious danger to the community, the court must have regard to— (a) whether the nature of the serious offence is exceptional; (b) anything relevant to this issue contained in the certified transcript of any proceeding
sentenced the offender to a term of imprisonment for 5 years. (2) The indefinite sentence continues in force if the court does not make an order under subsection (1). S. 18N inserted by No. 41/1993 s. 9. 18N Re-integration program s. 18M The provisions of Division 5 of Part 8 (parole) and of section 112 (regulations) of the Corrections Act 1986 apply to a re-integration program in the same way that they apply to parole but as if— (a) references in those provisions to parole or release on parole were references to a reintegration program or release under a reintegration program; (b) persons made subject to a re-integration program were serving a prison sentence of 5 years during the whole of which they were eligible to be released under the reintegration program; (c) references in those provisions to a parole order were references to an order made by the Adult Parole Board releasing an offender under a re-integration program; (d) references in those provisions to a period were omitted; (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; (b) during the hearing of a review under section 18H(1)(a) or (b). (2) The court may order the officer in charge of the prison or other institution in which the offender is detained to cause the offender to be brought before the court for a hearing referred to in subsection (1). S. 18P(3) amended by No. 68/2009 s. 97(Sch. item 110.14). (3) Subsection (2) is additional to, and does not limit, the court's powers under section 332 of the Criminal Procedure Act 2009.
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— (a) report to the specified officer, or other specified person or body, within a specified period; and (b) comply with any further reporting requirements imposed by that officer, person or body. S. 18ZQ(4) substituted by No. 68/2009 s. 97(Sch. item 110.23). (4) A drug treatment order assessment report may set out all or any of the following matters which, on investigation, appear to the specified officer to be relevant to the assessment of the accused and are readily ascertainable by the officer— (a) the age of the accused; (b) the social history and background of the accused;
Pt 3 Div. 2 Subdiv. (4) (Heading) amended by Nos 48/1997 s. 17(2), 48/2006 s. 42(Sch. item 32.4). Subdivision (4)—Youth justice centre orders and youth residential centre orders S. 32 (Heading) inserted by No. 48/2006 s. 42(Sch. item 32.5). 32 Youth justice centre or youth residential centre order s. 32 S. 32(1) amended by Nos 48/1997 ss 16(2), 17(3), 48/2006 s. 42(Sch. item 32.6). (1) Subject to subsections (2A) and (2B), if a sentence involving confinement is justified in respect of a young offender a court may make a youth justice centre order or a youth residential centre order if it has received a pre-sentence report and— (a) it believes that there are reasonable prospects for the rehabilitation of the young offender; or (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.
term to be served and service of the sentence is suspended during that period. S. 34(4) amended by No. 48/1997 s. 17(7). (4) Despite anything to the contrary in this or any other Act or in any rule of law or practice, a sentence of detention must be calculated exclusive of any time during which service of it is suspended under subsection (2) or (3). S. 34(5) amended by No. 48/1997 ss 16(4), 17(7). (5) If a young offender to whom subsection (3) applies is in the period during which service of the sentence is suspended under that subsection detained or imprisoned under another sentence, the unexpired portion of the suspended sentence takes effect— s. 34 (a) if it is to be served cumulatively on the sentence or sentences he or she is then undergoing—on the day that sentence is, or those sentences are, completed; or (b) in any other case—at the end of the period of suspension. S. 34(6) amended by No. 48/1997 ss 16(4), 17(7). (6) If a young offender sentenced to a term of detention and allowed to be or to go at large pending an appeal or the consideration of any question of law reserved or case stated is detained or imprisoned under another sentence at the time when the appeal, question of law or case stated is finally determined, the first-mentioned sentence or the unexpired portion of it takes effect— (a) if it is to be served cumulatively on the sentence or sentences he or she is then undergoing—on the day that sentence is, or those sentences are, completed; or (b) in any other case—on the day on which the appeal, question of law or case stated is finally determined.
Pt 3A (Heading) inserted by No. 65/2011 s. 21. Pt 3A Div. 1 (Heading) inserted by No. 65/2011 s. 21. Division 1—Preliminary S. 36 amended by No. 48/1997 ss 18, 19(1), 28(1), substituted by No. 65/2011 s. 21. 36 Purpose of an order s. 36 The purpose of a community correction order is to provide a community based sentence that may be used for a wide range of offending behaviours while having regard to and addressing the circumstances of the offender. Pt 3A Div. 2 (Heading) inserted by No. 65/2011 s. 21. Division 2—General S. 37 amended by No. 19/1999 s. 8(1), substituted by No. 65/2011 s. 21. 37 Community correction order A court may make a community correction order in respect of an offender if— (a) the offender has been convicted or found guilty of an offence punishable by more than 5 penalty units; and (b) the court has received a pre-sentence report (if required) and has had regard to any recommendations, information or matters identified in the report; and (c) the offender consents to the order.
Example An example of a direction that may be made under a condition attached under subsection (1) is a direction that the offender must remain at home between 9pm and 6am each day. s. 48J (2) When attaching a curfew condition the court may— S. 48I(2)(a) amended by No. 32/2013 s. 32(1). (a) have regard to the risk the condition poses to the safety of any person, including a child, who is likely to reside with the offender under the order; (b) have regard to any effect the attaching of the condition may have on any employment of the offender. (3) The offender must remain at a place specified by the court under a curfew condition for— (a) not less than 2 hours of each day; and (b) not more than 12 hours of each day— for the period specified in the order which must not be more than 6 months. S. 48I(3A) inserted by No. 65/2011 s. 57. (3A) If the Secretary gives a direction under section 83AV the offender must remain at the place specified by the court for the increased hours or period that is specified by the Secretary. S. 48I(4) amended by No. 32/2013 s. 32(2). (4) The court must not attach a curfew condition that is inconsistent with a child protection order, a family violence intervention order or a personal safety intervention order. S. 48J inserted by No. 65/2011 s. 21. 48J Alcohol exclusion condition (1) A court which is making a community correction order may attach a condition directing that the offender comply with the restrictions in subsection (2).
offender to report at another place or to another person. (2) An offender must report as directed under subsection (1) as if that place or person had been specified in the order. S. 48Q inserted by No. 65/2011 s. 21, substituted by No. 26/2012 s. 37. 48Q Order made by Court of Appeal s. 48Q For the purposes of any proceeding under this Part or Division 2 of Part 3C— (a) a community correction 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. __________________
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 s. 49 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
(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 s. 62 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.
(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 69O. (5) In applying section 69N or 69O for the purposes of this section, the costs of execution must not be taken into account. Division 6—Calculation of period of imprisonment or unpaid community work S. 69N inserted by No. 32/2013 s. 47 (as amended by No. 77/2013 ss 45, 48). 69N Term of imprisonment s. 69N The term for which a person in default of payment of a fine or an instalment under an instalment order may be imprisoned under Division 5 is 1 day for each penalty unit or part of a penalty unit then remaining unpaid with a maximum of 24 months. S. 69O inserted by No. 32/2013 s. 47 (as amended by No. 77/2013 ss 45, 48). 69O Term of unpaid community work (1) The number of hours for which a person in default of payment of a fine or an instalment under an instalment order may be required to perform unpaid community work is 1 hour for each 02 penalty unit or part of 02 penalty unit then remaining unpaid up to an amount equivalent to the value of 100 penalty units with a minimum of 8 and a maximum of 500 hours. (2) The minimum and maximum number of hours set out in subsection (1) apply, if the person is in default of more than one fine or instalment, to the aggregate number of hours for which he or she may be required to perform unpaid community work in respect of the amounts then remaining unpaid of all the fines or instalments of which he
4 51 to 125 6 months 5 50 or less 3 months (2) The period over which unpaid community work must be performed, that a court specifies in a fines work order, must not be such a period as would require an offender to perform more than 20 hours of unpaid community work in any 7 day period. (3) Despite subsection (2) 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. 69R inserted by No. 32/2013 s. 47 (as amended by No. 77/2013 ss 45, 48). 69R Cumulative unpaid community work if there are several orders s. 69R (1) The number of hours of unpaid community work required to be performed by an offender under a fines work order must, unless otherwise directed by a court, be performed cumulatively on any hours of unpaid community work required to be performed under another fines work order that is in force in respect of the offender, whether the other fines work order is made before or at the same time as the first mentioned order. (2) A court must not give a direction under this section that is not consistent with section 69Q. Division 7—Terms and operation of fines work orders S. 69S inserted by No. 32/2013 s. 47 (as amended by No. 77/2013 ss 45, 48). 69S Period of a fines work order (1) The period of a fines work order is the period determined by the court in accordance with section 69Q.
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 s. 69Z 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. S. 69ZB inserted by No. 32/2013 s. 47 (as amended by No. 77/2013 ss 45, 48). 69ZB 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. 69ZC inserted by No. 32/2013 s. 47 (as amended by No. 77/2013 ss 45, 48). 69ZC 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. 82(1)(d) amended by No. 65/2011 s. 38(2)(b). (d) that the condition is no longer appropriate— it may confirm, vary or cancel the condition. S. 82(2) amended by No. 65/2011 s. 38(3). (2) An application under subsection (1) may be made at any time while the justice plan condition is in force by— (a) the offender; or S. 82(2)(b) amended by Nos 45/1996 s. 18(Sch. 2 item 11.13), 65/2011 s. 38(4)(a). (b) if the sentence is a community correction order, the Secretary; or S. 82(2)(c) amended by Nos 48/1997 s. 14(9), 65/2011 s. 38(4)(b). (c) if the sentence is an order under Subdivision (2) or (3) of Division 2, a prescribed person or a member of a prescribed class of persons; or S. 82(2)(d) amended by No. 46/1998 s. 7(Sch. 1), substituted by No. 23/2006 s. 228(2), amended by No. 65/2011 s. 38(4)(c). (d) the Secretary to the Department of Human Services. (3) Notice of an application under subsection (1) must be given— s. 82 (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).
Pt 3A (Heading) renumbered as Pt 3D (Heading) by No. 65/2011 s. 44. Pt 3A (Heading and ss 83B–83K) inserted by No. 65/2004 s. 3. S. 83B inserted by No. 65/2004 s. 3. 83B Purpose of Part s. 83B The purpose of this Part is to enable a court to make a superannuation order as a new sentencing option where a person who is or has been a public sector employee is convicted of an indictable offence involving abuse of office, corruption or perversion of the course of justice. S. 83C inserted by No. 65/2004 s. 3. 83C Application of Part (1) This Part applies in respect of an offender who is convicted of a relevant offence on or after 3 June 2004 irrespective of whether the relevant offence was committed before, on or after that date. (2) A court may make a superannuation order in addition to, or instead of, any other sentence that may be imposed under this or any other Act. S. 83C(3) amended by No. 32/2013 s. 57. (3) Despite sections 52, 53 and 55, the making of a superannuation order under this Part is not to be taken into account by a court in determining whether to impose a fine on the offender under section 49. S. 83D inserted by No. 65/2004 s. 3. 83D Definitions (1) In this Part— administrators means the person or persons responsible for the administration of a relevant superannuation scheme;
appropriate, obtaining advice from an actuary appointed by the administrators. (2) For the purposes of the definition of public body in subsection (1), a reference to a public body specified in that definition includes a reference to a public body merged, associated or affiliated with, amalgamated into, succeeding or succeeded by that public body. (3) For the purposes of the definitions of public body and public sector employee in subsection (1), a reference to an Act specified in those definitions includes a reference to any corresponding previous enactment and to any corresponding subsequent enactment. S. 83D(4) inserted by No. 12/2008 s. 73(1)(Sch. 1 item 56.2). (4) For the purposes of the definition of domestic partner in subsection (1)— (a) registered relationship has the same meaning as in the Relationships Act 2008; and (b) in determining whether persons who are not in a registered relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case. S. 83E inserted by No. 65/2004 s. 3. 83E Application for a superannuation order s. 83E (1) If the authorised person is of the opinion that the relevant offence for which a court has convicted an offender— (a) involved an abuse by the person of his or her office as a public sector employee; or
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). s. 86 (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. (11) References in this section to property include references to a motor vehicle.
S. 87G(b)(i) amended by No. 18/2005 s. 18(Sch. 1 item 97.2). (i) by a lawyer; or (ii) with the leave of the court, by any other person. S. 87H inserted by No. 80/2001 s. 4. may have regard to relevant facts s. 87H (1) In hearing and determining an application for a cost recovery order, a court may have regard to any relevant facts appearing from— (a) evidence given at the hearing of the charge; or S. 87H(1)(b) amended by No. 68/2009 s. 97(Sch. item 110.67). (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. 87H(2)(b) substituted by No. 68/2009 s. 97(Sch. item 110.68). (b) the depositions in the committal proceeding; or S. 87H(2)(c) repealed by No. 68/2009 s. 97(Sch. item 110.68). * * * * * (d) a written statement made by or on behalf of an emergency service agency detailing costs
made under section 44 or 45 of the Mental Health Act 1986 that the person be discharged as a security patient, the hospital security order has effect as a sentence of imprisonment for the unexpired portion of it and that unexpired portion must be served in a prison unless the person is released on parole. Note Under section 16A of the Mental Health Act 1986, a person who is serving a sentence in a prison under subsection (7) may be transferred to an approved mental health service under his or her hospital security order. 94 Custody of admitted person s. 94 (1) A court, when making an order under this Part, may include in the order the names of a person or persons who shall be responsible for taking the offender— S. 94(1)(a) amended by No. 98/1995 s. 64(6). (a) to the approved mental health service named in the order; and S. 94(1)(b) amended by No. 98/1995 s. 64(6). (b) from the approved mental health service to the court in connection with the exercise by the court of its powers under section 92. S. 94(2) amended by No. 98/1995 s. 64(6). (2) A copy of the order and the advice or report (as the case requires) of the authorised psychiatrist is to accompany the offender to the approved mental health service named in the order. S. 94(3) inserted by No. 26/1997 s. 54. (3) Unless the court otherwise directs, a member of the police force may by authority of this section exercise the power of a person named in the order in place of that person to take an offender to or from an approved mental health service. S. 94(4) inserted by No. 26/1997 s. 54. (4) An offender who is being taken by a member of the police force to or from an approved mental health service under an order under this Part is
(5) An order made under subsection (4) in respect of an offence taken into account may be appealed against as if it had been made on the conviction of the offender for that offence. (6) Despite anything in subsection (3), a court must not take into account any charge of an indictable offence which it would not have jurisdiction to try even with the consent of the person charged with it. S. 100(7) amended by No. 48/1997 s. 25(2). (7) The court must certify in the form prescribed by Part B of Schedule 2 on the document filed in court any listed offences that have been so taken into account and the convictions in respect of which this has been done. S. 100(8) amended by No. 68/2009 s. 97(Sch. item 110.73). (8) Proceedings shall not be taken or continued in respect of any listed offence certified under subsection (7) unless each conviction in respect of which it has been taken into account has been set aside. s. 100 (9) An admission made under and for the purposes of this section is not admissible in evidence in any proceeding taken or continued in respect of the offence to which it relates. (10) A person must not for any purpose be taken to have been convicted of an offence taken into account under and in accordance with this section only because it was so taken into account. (11) Whenever, in or in relation to any criminal proceeding, reference may lawfully be made to, or evidence may lawfully be given of, the fact that a person was convicted of an indictable offence, reference may likewise be made to, or evidence may likewise be given of, the taking into account under this section of any other offence or offences when sentence was imposed in respect of that conviction.
(2) In this section information requirement means a requirement to give information of a specified kind within a specified period relating to— (a) the performance by the Council of its functions; or s. 108P (b) the exercise by the Council of its powers; or (c) the Council's expenditure or proposed expenditure. _______________ 109 Penalty scale s. 109 (1) An offence that is described in an Act, subordinate instrument or local law as being an offence of a level specified in column 1 of Table 1 or as being punishable by imprisonment of a level specified in that column is, unless the contrary intention appears, punishable by a term of imprisonment not exceeding that specified opposite it in column 2 of the Table. S. 109(1) Table 1 substituted by No. 48/1997 s. 27. TABLE 1 Column 1 Column 2 Level Maximum Term of Imprisonment 1 Life 2 25 years 3 20 years 4 15 years 5 10 years 6 5 years 7 2 years 8 1 year 9 6 months
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. (2) An offence referred to in subsection (3) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006. (3) An infringement notice may be served in respect of an offence against— (a) section 83AE (offence to fail to obey a particular direction of the Secretary); (b) section 83AF (offence to fail to obey written direction of the Secretary). S. 115E inserted by No. 65/2011 s. 69 (as amended by No. 43/2012 s. 3(Sch. item 47.2)). 115E Appointment of authorised person (1) The Secretary may by instrument, appoint a person as an authorised person. (2) The Secretary in appointing a person under subsection (1) must specify the nature and extent of the appointment.
force immediately before that commencement. Heading preceding s. 143(2) repealed by No. 65/2011 s. 53(2). * * * * * S. 143(2) repealed by No. 65/2011 s. 53(3). * * * * * Heading preceding s. 143(3) repealed by No. 65/2011 s. 53(4). * * * * * S. 143(3) repealed by No. 65/2011 s. 53(5). * * * * * Heading preceding s. 143(4) repealed by No. 65/2011 s. 53(6). * * * * * s. 143 S. 143(4) repealed by No. 65/2011 s. 53(7). * * * * * Suspended sentences (5) Despite the commencement of section 12 of the 2010 Act, an old serious suspended sentence order is taken to continue in force on and from that commencement as if this Act, as in force before that commencement, continued to apply to it.
(3) The amendment of this Act made by Division 2 of Part 2 of the 2013 Act does not apply if a finding of guilt is made in relation to an offence committed before the commencement of Division 2 of Part 2 of the 2013 Act, irrespective of whether that finding is made before, on or after that commencement. s. 150 (4) For the purposes of this section if an offence is alleged to have been committed between two dates, one before and one after the commencement of Division 2 of Part 2 of the 2013 Act, the offence is alleged to have been committed before that commencement. S. 150 inserted by No. 56/2013 s. 37. 150 Transitional provisions—Road Safety and Sentencing Acts Amendment Act 2013 (1) In this section— alcohol interlock condition means a condition imposed on a driver licence or learner permit in accordance with a direction under section 89A(2), 89A(3)(b) or 89A(4) as in force immediately before 30 September 2013; alcohol interlock condition direction has the same meaning as in the amended Act; alcohol interlock condition removal order has the same meaning as in the amended Act; amended Act means the Road Safety Act 1986 as amended by the Road Safety and Sentencing Acts Amendment Act 2013; licence eligibility order has the same meaning as in the amended Act.
__________________ __________________ Sch. 4 repealed by No. 48/1997 s. 34, new Sch. 4 inserted by No. 31/2013 s. 11. SCHEDULE 4 Sch. 4 1 Definitions In this Schedule— adjournment order means an adjournment order made under section 72 or 75; commencement day means the day on which the Justice Legislation Amendment Act 2013 receives the Royal Assent; community-based order means a order within the meaning of this Act as in force before the repeal day; donation condition means a condition requiring an offender to pay an amount to an organisation that provides a charitable or community service or to the court for payment to such an organisation; relevant order means— (a) an adjournment order; or (b) a community-based order; repeal day means the date of commencement of section 21 of the Sentencing Amendment (Community Correction Reform) Act 2011. 2 Validation of adjournment orders
This Schedule does not affect the rights of the parties in the proceedings known as Brittain v Mansour [2013] VSC 50 in the Supreme Court of Victoria. ENDNOTES General Information Endnotes Minister's second reading speech— Legislative Assembly: 19 March 1991 Legislative Council: 30 May 1991 The long title for the Bill for this Act was "A Bill to revise and restate the sentencing powers of courts, to provide sentencing principles to be applied by courts in sentencing offenders, to repeal the Penalties and Sentences Act 1985, to vary the penalties that may be imposed in respect of offences under the Crimes Act 1958, to make consequential amendments to various Acts and for other purposes.". The Sentencing Act 1991 was assented to on 25 June 1991 and came into operation on 22 April 1992: Government Gazette 15 April 1992 page 898. Table of Amendments Endnotes This Version incorporates amendments made to the Sentencing Act 1991 by Acts and subordinate instruments. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Crimes (Sexual Offences) Act 1991, No. 8/1991 (as amended by No. 49/1991) Assent Date: 16.4.91 Commencement Date: S. 20(3) on 5.8.91: Government Gazette 24.7.91 p. 2026 : This information relates only to the provision/s amending the Sentencing Act 1991 Crimes (Rape) Act 1991, No. 81/1991 Assent Date: 3.12.91 Commencement Date: Ss 7, 8 on 16.4.91: s. 2(2); ss 1–4, 6, 9, 10 on 1.1.92: Government Gazette 18.12.91 p. 3486; s. 5 on 1.2.92: Government Gazette 22.1.92 p. 114 : All of Act in operation Crimes (Confiscation of Profits) (Amendment) Act 1991, No. 90/1991
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
Crimes Amendment (Identity Crime) Act 2009, No. 22/2009 Assent Date: 17.6.09 Commencement Date: Ss 5–7 on 1.10.09: s. 2(2) : This information relates only to the provision/s amending the Sentencing Act 1991 Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009 Assent Date: 24.11.09 Commencement Date: S. 97(Sch. item 110) on 1.1.10: Government Gazette 10.12.09 p. 3215 : This information relates only to the provision/s amending the Sentencing Act 1991 Statute Law Amendment (Evidence Consequential Provisions) Act 2009, No. 69/2009 Assent Date: 24.11.09 Commencement Date: S. 54(Sch. Pt 1 item 51) on 1.1.10: s. 2(2) : This information relates only to the provision/s amending the Sentencing Act 1991 Sentencing Amendment Act 2009, No. 77/2009 Assent Date: 1.12.09 Commencement Date: 2.12.09: s. 2 : All of Act in operation Justice Legislation Miscellaneous Amendments Act 2009, No. 87/2009 Assent Date: 15.12.09 Commencement Date: S. 58 on 17.12.09: Government Gazette 17.12.09 p. 3338 : This information relates only to the provision/s amending the Sentencing Act 1991 Serious Sex Offenders (Detention and Supervision) Act 2009, No. 91/2009 Assent Date: 15.12.09 Commencement Date: S. 219(Sch. 3 item 2) on 1.1.10: Government Gazette 24.12.09 p. 3397 : This information relates only to the provision/s amending the Sentencing Act 1991 Transport Legislation Amendment (Hoon Boating and Other Amendments) Act 2009, No. 93/2009 Endnotes Assent Date: 15.12.09 Commencement Date: S. 49(1) on 17.12.09: Government Gazette 17.12.09 p. 3339 : This information relates only to the provision/s amending the Sentencing Act 1991 Crimes Legislation Amendment Act 2010, No. 7/2010 Endnotes Assent Date: 16.3.10 Commencement Date: S. 14 on 17.3.10: s. 2 : This information relates only to the provision/s amending the Sentencing Act 1991