2 6G Application of Part 2 6H Definitions for purposes of this Part 2 6I Increased maximum penalty for CCE offences 2 6J CCE offender status to be noted on record 2 2 Division 1—General 2 7 Sentences 2 8 Conviction or non-conviction 2 Division 1A—Pre-sentence reports 2 8A Court may order pre-sentence report 2 8B Contents of pre-sentence report 2 8C Distribution of pre-sentence report 2 8D Disputed pre-sentence report 2 Division 1B—Drug and alcohol reports 2 8E Drug and alcohol assessment report 2 8F Distribution of drug and alcohol assessment report 2 8G Disputed drug and alcohol assessment report 2 8H Drug and alcohol pre-release report 2 8I Approved drug and alcohol assessment agencies 2 Division 1C—Victim Impact Statements 2 8J Definitions 2 8K Victim may make victim impact statement 2 8L Contents of victim impact statement 2 8M Medical report 2 8N Distribution of written statement 2 8O Examination of victim 2 8P Witnesses 2 8Q Reading aloud of victim impact statement 2 8R Alternative arrangements for reading aloud of victim impact statement 2 8S Alternative arrangements for examination 2 Division 2—Custodial orders 2 Subdivision (1)—Imprisonment 2 9 Aggregate sentence of imprisonment 2 11 Fixing of non-parole period by sentencing court 2 12 References to non-parole period 2 13 Fixing of non-parole period otherwise than by sentencing court 2 PART
S. 3(1) def. of person repealed by No. 43/2010 s. 48(1)(a). * * * * * S. 3(1) def. of drug of addiction inserted by No. 42/1993 s. 60. drug of addiction means a drug of dependence within the meaning of the Drugs, Poisons and Controlled Substances Act 1981; S. 3(1) def. of drug treatment order inserted by No. 2/2002 s. 4(1). drug treatment order means an order under Subdivision (1C) of Division 2 of Part 3; S. 3(1) def. of escape offence inserted by No. 41/1993 s. 4(b). escape offence means an offence against section 479C of the Crimes Act 1958; s. 3 S. 3(1) def. of family violence intervention order inserted by No. 30/2010 s. 3(a). family violence intervention order means— (a) a family violence intervention order within the meaning of section 11 of the Family Violence Protection Act 2008; or (b) one of the following orders made under the Crimes (Family Violence) Act 1987 as in force immediately before its repeal— (i) an intervention order made on grounds referred to in section 4 or 4A of that Act, and subsequently varied or extended under section 16 or 16A of that Act; dependent
S. 3(1) def. of repealed by No. 19/1999 s. 16(1). * * * * * S. 3(1) def. of home detention order inserted by No. 53/2003 s. 3, substituted by No. 30/2010 s. 3(b), repealed by No. 48/2011 s. 12. * * * * * s. 3 S. 3(1) def. of hospital security order inserted by No. 69/2005 s. 3(1)(a). hospital security order means— (a) an order made under section 93A; or (b) an order made under section 16A of the Mental Health Act 1986; S. 3(1) def. of indefinite sentence inserted by No. 41/1993 s. 4(c). indefinite sentence means a sentence of imprisonment for an indefinite term imposed under Subdivision (1A) of Division 2 of Part 3; 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;
involuntary patient has the same meaning as in the Mental Health Act 1986; S. 3(1) def. of judicial monitoring condition inserted by No. 65/2011 s. 3(1). judicial monitoring condition means a condition that may be attached to a community correction order under section 48K(1); S. 3(1) def. of justice plan amended by Nos 46/1998 s. 7(Sch. 1), 23/2006 s. 226(a), substituted by No. 65/2011 s. 3(6). justice plan means a plan requested under section 80(3)(c); S. 3(1) def. of justice plan condition inserted by No. 65/2011 s. 3(1). justice plan condition means a condition that may be attached to— s. 3 (a) a community correction order; or (b) an order releasing an offender on adjournment with or without recording a conviction— under section 80(1); S. 3(1) def. of lawyer inserted by No. 18/2005 s. 18(Sch. 1 item 97.1). lawyer means an Australian lawyer within the meaning of the Legal Profession Act 2004; S. 3(1) def. of learner permit inserted by No. 65/2011 s. 3(1). learner permit has the same meaning as in the Road Safety Act 1986;
S. 3(1) def. of secure custody facility inserted by No. 2/2002 s. 4(1), amended by No. 48/2006 s. 42(Sch. item 32.1(b)). secure custody facility means— (a) a prison as defined in section 3 of the Corrections Act 1986; or (b) a youth justice centre; or (c) any other place the Minister specifies under subsection (2); security patient has the same meaning as in the Mental Health Act 1986; S. 3(1) def. of security resident substituted by No. 23/2006 s. 226(c). security resident has the same meaning as it has in section 3(1) of the Disability Act 2006; S. 3(1) def. of sentencing court inserted by No. 65/2011 s. 3(1). sentencing court, in relation to an order made under this Act, means the court that made the order; S. 3(1) def. of serious offence inserted by No. 41/1993 s. 4(e), amended by Nos 67/2000 s. 10(1)(a)(b), 77/2005 s. 8(4)(a), 82/2006 s. 7(1), 2/2006 s. 43(1) (as amended by No. 76/2006 s. 14(1)), 7/2008 s. 7(4)(a). serious offence, for the purposes of Subdivision (1A) of Division 2 of Part 3 (indefinite sentences) and Subdivision (3) of that Division (suspended sentences of imprisonment), means— s. 3 (a) murder; or (b) manslaughter; or (baa) child homicide; or (ba) defensive homicide; or (c) an offence against any of the following sections of the Crimes Act 1958— (i) section 16 (causing serious injury intentionally); (ii) section 20 (threats to kill);
(e) an offence against section 71 of the Drugs, Poisons and Controlled Substances Act 1981, (trafficking in a large commercial quantity of a drug of dependence); (f) an offence against section 71AA of the Drugs, Poisons and Controlled Substances Act 1981, (trafficking in a commercial quantity of a drug of dependence); S. 3(1) def. of stalking intervention order inserted by No. 30/2010 s. 3(a), repealed by No. 53/2010 s. 221(Sch. item 10.1(b)). * * * * * s. 3 subordinate instrument has the same meaning as in the Interpretation of Legislation Act 1984; S. 3(1) def. of supervision condition substituted by No. 65/2011 s. 3(11). supervision condition means a condition that may be attached to a community correction order under section 48E(1); 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 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. 5(2BA) inserted by No. 1/2005 s. 48. (2BA) In sentencing an offender, a court— S. 5(2BA)(a) amended by No. 21/2008 s. 25(1). (a) must not have regard to the fact that the offender is subject to an extended supervision order or interim extended supervision order under the Serious Sex Offenders Monitoring Act 2005 but, if relevant to the conditions of any sentence imposed by it, may have regard to the conditions of that order and the terms of any current directions or instructions given by the Adult Parole Board under section 16 of that Act; s. 5 S. 5(2BA)(b) amended by No. 21/2008 s. 25(1), repealed by No. 91/2009 s. 219(Sch. 3 item 2.1). * * * * * S. 5(2BB) inserted by No. 1/2005 s. 48. (2BB) For the purposes of subsection (2BA)(a), the court may request the Secretary within the meaning of the Serious Sex Offenders Monitoring Act 2005 to provide it with a report setting out— S. 5(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.
S. 6AAA(4) amended by No. 22/2009 s. 5, substituted by No. 48/2012 s. 43. (4) If the court makes a statement under this section, it must record or cause to be recorded (whether in writing or another form) the matters stated under subsection (1), (2) or (3), as the case may be. (5) For the purposes of this section, an aggregate sentence imposed in respect of two or more offences is to be treated as a sentence imposed in respect of one offence. s. 6AAA __________________ Pt 2AA (Heading and ss 6AA–6AG) inserted by No. 13/2003 s. 4. S. 6AA inserted by No. 13/2003 s. 4. 6AA Definition s. 6AA In this Part— guideline judgment means a judgment that is expressed to contain guidelines to be taken into account by courts in sentencing offenders, being guidelines that apply— (a) generally; or (b) to a particular court or class of court; or (c) to a particular offence or class of offence; or (d) to a particular penalty or class of penalty; or (e) to a particular class of offender. S. 6AB inserted by No. 13/2003 s. 4. 6AB Power of Court of Appeal to give or review guideline judgments
S. 6E inserted by No. 48/1997 s. 6. 6E Sentences to be served cumulatively Every term of imprisonment imposed by a court on a serious offender for a relevant offence must, unless otherwise directed by the court, be served cumulatively on any uncompleted sentence or sentences of imprisonment imposed on that offender, whether before or at the same time as that term. S. 6F inserted by No. 48/1997 s. 6. 6F Serious offender status to be noted on record s. 6E (1) A court that sentences a serious offender for a relevant offence must, at the time of doing so, cause to be entered in the records of the court in respect of that offence the fact that the offender was sentenced for it as a serious offender. S. 6F(2) amended by Nos 68/2009 s. 97(Sch. item 110.8), 69/2009 s. 54(Sch. Pt 1 item 51.1). (2) Despite anything to the contrary in the Evidence Act 2008 or the Criminal Procedure Act 2009, a statement of the fact that an offender was sentenced for a relevant offence as a serious offender may be included in a certificate issued under section 178 of the Evidence Act 2008 or in a criminal record filed under Division 2 of Part 5.8 of Chapter 5 of the Criminal Procedure Act 2009. _______________ Pt 2B (Heading and ss 6G–6J) inserted by No. 108/1997 s. 148. S. 6G inserted by No. 108/1997 s. 148. 6G Application of Part s. 6G This Part applies to a court in sentencing a continuing criminal enterprise offender for a continuing criminal enterprise offence.
S. 7(1)(d) amended by Nos 48/1997 s. 8(2)(b)(i)(ii), 48/2006 s. 42(Sch. item 32.3). (d) in the case of a young offender, record a conviction and order that the young offender be detained in a youth justice centre; or S. 7(1)(da) inserted by No. 48/1997 s. 8(2)(c). (da) in the case of a young offender, record a conviction and order that the young offender be detained in a youth residential centre; or S. 7(1)(e) amended by No. 65/2011 s. 5(3). (e) with or without recording a conviction, make a community correction order in respect of the offender; or (f) with or without recording a conviction, order the offender to pay a fine; or s. 7 (g) record a conviction and order the release of the offender on the adjournment of the hearing on conditions; or (h) record a conviction and order the discharge of the offender; or (i) without recording a conviction, order the release of the offender on the adjournment of the hearing on conditions; or (j) without recording a conviction, order the dismissal of the charge for the offence; or (k) impose any other sentence or make any order that is authorised by this or any other Act. S. 7(2) inserted by No. 19/1999 s. 4, amended by No. 72/2004 s. 38, substituted by No. 65/2011 s. 5(4). (2) If the Magistrates' Court or County Court finds a person guilty of an offence, it may defer sentencing the person in accordance with section 83A. 8 Conviction or non-conviction s. 8
15 Order of service of sentences s. 15 (1) If an offender has been sentenced to several terms of imprisonment in respect of any of which a period was fixed, the offender must serve— (a) firstly, any term or terms in respect of which a non-parole period was not fixed; (b) secondly, the non-parole period; (c) thirdly, unless and until released on parole, the balance of the term or terms after the end of the non-parole period. (2) If during the service of a sentence a further sentence is imposed, service of the first-mentioned sentence must, if necessary, be suspended in order that the sentences may be served in the order referred to in subsection (1). 16 Sentences—whether concurrent or cumulative S. 16(1) substituted by No. 41/1993 s. 8(a), amended by Nos 48/1997 s. 17(1), 48/2006 s. 42(Sch. item 32.3). (1) Subject to subsection (1A), every term of imprisonment imposed on a person by a court must, unless otherwise directed by the court, be served concurrently with any uncompleted sentence or sentences of imprisonment or detention in a youth justice centre or youth residential centre imposed on that person, whether before or at the same time as that term. S. 16(1A) inserted by No. 41/1993 s. 8(a). (1A) Subsection (1) does not apply to a term of imprisonment imposed— (a) in default of payment of a fine or sum of money; or (b) on a prisoner in respect of a prison offence or an escape offence; or S. 16(1A)(c) substituted by No. 48/1997 s. 7(4). (c) on a serious offender within the meaning of Part 2A for a relevant offence within the meaning of that Part; or
S. 16(1A)(d) substituted by No. 48/1997 s. 10(1). (d) on any person for an offence committed while released under a parole order; or S. 16(1A)(e) inserted by No. 48/1997 s. 10(1). (e) on any person for an offence committed while released on bail in relation to another offence. (2) Every term of imprisonment imposed on a person by a court in default of payment of a fine or sum of money must, unless otherwise directed by the court, be served— S. 16(2)(a) amended by Nos 48/1997 s. 17(1), 48/2006 s. 42(Sch. item 32.3). (a) cumulatively on any uncompleted sentence or sentences of imprisonment or detention in a youth justice centre or youth residential centre imposed on that person in default of payment of a fine or sum of money; but (b) concurrently with any other uncompleted sentence or sentences of imprisonment or detention imposed on that person— s. 16 whether that other sentence was, or those other sentences were, imposed before or at the same time as that term. S. 16(2A) inserted by No. 99/2000 s. 15, amended by No. 32/2006 s. 92(1). (2A) A reference in subsection (2) to a term of imprisonment imposed on a person by a court is to be read as including a reference to a term of imprisonment imposed on a person under Division 2 of Part 12 of the Infringements Act 2006. S. 16(3) amended by Nos 41/1993 s. 8(b), 48/1997 s. 17(1), 48/2006 s. 42(Sch. item 32.3). (3) Every term of imprisonment imposed on a prisoner by a court in respect of a prison offence or an escape offence must, unless otherwise directed by the court because of the existence of exceptional circumstances, be served cumulatively on any uncompleted sentence or sentences of imprisonment or detention in a youth justice centre or youth residential centre imposed on that
(b) if the appeal is against the custodial part of the drug treatment order and not against the treatment and supervision part of the order, the appeal does not operate as a stay of the drug treatment order, unless the County Court so orders. S. 18ZR(3) amended by No. 68/2009 s. 97(Sch. item 110.30). (3) For the purposes of Part 6.1 of Chapter 6 of the Criminal Procedure Act 2009 an order under this Subdivision activating some or all of the custodial part of a drug treatment order is taken to be a sentence imposed by the . S. 18ZR(4) amended by No. 68/2009 s. 97(Sch. item 110.31 (a)). (4) Despite subsection (1), on the hearing of an appeal under section 254 or 257 of the Criminal Procedure Act 2009 against a drug treatment order made by the , the County Court may— S. 18ZR(4)(a) amended by No. 68/2009 s. 97(Sch. item 110.31 (b)). (a) re-instate the drug treatment order set aside by it under section 256(2)(a) or section 259(2)(a) of that Act (as the case requires); or S. 18ZR(4)(b) amended by No. 68/2009 s. 97(Sch. item 110.31 (b)). (b) if the appeal is against the custodial part of the drug treatment order, re-instate that part set aside by it under section 256(2)(a) or section 259(2)(a) of that Act (as the case requires) or vary the drug treatment order by increasing or reducing the length of the sentence of imprisonment. S. 18ZR(5) amended by No. 68/2009 s. 97(Sch. item 110.32). (5) On the hearing of an appeal under section 254 or 257 of the Criminal Procedure Act 2009 against a sentence imposed by the Magistrates' Court (other than the Drug Court) at a particular venue of that Court, if the County Court considers that the making of a drug treatment order may be appropriate, it may refer the matter to the Drug Court at that or another venue for consideration of
2 years, in the case of the Magistrates' Court— whichever is the longer. S. 27(2AB) inserted by No. 32/2013 s. 4. (2AB) Despite subsection (1), the Magistrates' Court must not make an order suspending the whole or part of a sentence of imprisonment in respect of a significant offence if the proceeding for the offence was transferred to the court under section 168 of the Criminal Procedure Act 2009. S. 27(2B) inserted by No. 82/2006 s. 4(2), substituted by No. 77/2010 s. 12(1) (as amended by No. 9/2011 s. 4). (2B) Despite subsection (1), a court must not make an order suspending the whole or a part of a sentence of imprisonment imposed on an offender for a serious offence or for a significant offence. Note A suspended sentence may be available for a serious offence or for a significant offence committed before the commencement of section 12 of the Sentencing Amendment Act 2010. S. 27(2C) inserted by No. 82/2006 s. 4(2), repealed by No. 77/2010 s. 12(2) (as amended by No. 9/2011 s. 4). * * * * * (3) A court must not impose a suspended sentence of imprisonment unless the sentence of imprisonment, if unsuspended, would be appropriate in the circumstances having regard to the provisions of this Act. S. 27(4) substituted by No. 48/1997 s. 14(3). (4) A court proposing to make an order suspending a sentence of imprisonment must before making the order explain, or cause to be explained, to the offender in language likely to be readily understood by him or her— s. 27
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(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. s. 32
S. 47(2)(b) amended by No. 26/2012 s. 33. (b) attach a condition under Division 2 of Part 3BA. S. 48 substituted by No. 65/2011 s. 21. 48 Residual condition (1) A court that is making a community correction order may attach in addition to a condition attached in accordance with section 47 any other condition to the order that the court thinks fit, other than a condition about making restitution or the payment of compensation, costs or damages. S. 48(2) amended by No. 26/2012 s. 34. (2) A condition attached under subsection (1) to a community correction order must not be about the subject matter of a condition under Division 4 or Division 2 of Part 3BA. S. 48A inserted by No. 65/2011 s. 21. 48A Matters to be considered when attaching conditions The court must attach conditions to a community correction order in accordance with— (a) the principle of proportionality; and (b) the purposes for which a sentence may be imposed as set out in section 5; and (c) the purpose of a community correction order set out in section 36. Pt 3A Div. 4 (Heading) inserted by No. 65/2011 s. 21. Division 4—Conditions S. 48B inserted by No. 65/2011 s. 21. 48B Definition s. 48B In this Division— family violence has the same meaning as in the Family Violence Protection Act 2008; safety means safety from family violence, physical or mental harm.
(2) If the Secretary suspends the operation of an order or a condition of an order under subsection (1), the period of the suspension does not count in calculating the period for which the order is to remain in force or a condition is to be complied with. Pt 3A Div. 6 (Heading) inserted by No. 65/2011 s. 21. Division 6—Miscellaneous matters S. 48P inserted by No. 65/2011 s. 21. 48P Secretary may direct offender to report at another place (1) If, because an offender has changed his or her place of residence or for any other reason it is not convenient that the offender should report at a place or to a person specified in a community correction order, the Secretary may direct the 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. __________________
S. 55(1)(d) inserted by No. 41/1993 s. 12, amended by Nos 69/1997 s. 8(1)(b), 10/2004 s. 15(Sch. 1 item 27.2), 65/2011 s. 23(1), 26/2012 s. 41(1). (d) if the amount of the fine is not more than an amount equivalent to the value of 100 penalty units or, if it is, for a part of it up to an amount equivalent to the value of 100 penalty units, an order requiring him or her to perform unpaid community work as directed by the Secretary for a number of hours fixed in accordance with section 63(2). S. 55(2) inserted by No. 69/1997 s. 7(1), amended by No. 32/2006 s. 92(2). (2) An offender may not apply under subsection (1)(d) if the fine was imposed in respect of an offence heard and determined by the Magistrates' Court as a result of the revocation of an enforcement order within the meaning of, or the making of an application under section 68(1) of, the Infringements Act 2006. S. 55(3) inserted by No. 69/1997 s. 7(1), amended by Nos 65/2011 s. 23(2), 26/2012 s. 41(2). (3) An offender on whom a fine referred to in subsection (2) has been imposed may, at any time before the commencement of a hearing under section 62(10), apply to the Magistrates' Court constituted by a magistrate for an order requiring him or her to perform unpaid community work as directed by the Secretary for a number of hours fixed in accordance with section 63(2). S. 55(4) inserted by No. 69/1997 s. 7(1). (4) On an application under subsection (3), the Magistrates' Court may— s. 55 (a) make one or more orders of a kind referred to in subsection (1); or (b) confirm any order then in force.
or from an examination of the records of the court or of a certificate purporting to contain an extract of those records and purporting to be signed by the officer of the court with custody of those records that the offender has for a period of more than one month defaulted in the payment of a fine or of any instalment under an instalment order, it may do one or more of the following— s. 62 S. 62(10)(a) substituted by No. 65/2011 s. 24(4), amended by No. 26/2012 s. 47. (a) with the consent of the offender, make an order requiring the offender to perform unpaid community work, as directed by the Secretary for the community corrections centre specified in the order, for a number of hours fixed in accordance with section 63(2); or (b) order that the offender be imprisoned for a term fixed in accordance with section 63(1); or (c) order that the amount of the fine then unpaid be levied under a warrant to seize property; or (d) vary the order that the fine be paid by instalments, if that was the sentence; or (e) adjourn the hearing or further hearing of the matter for up to 6 months on any terms that it thinks fit. S. 62(10AA) inserted by No. 69/1997 s. 8(5), amended by No. 10/2004 s. 15(Sch. 1 item 27.5). s. 62 (10AA) A court cannot make an order under this Division in respect of a fine that would result in an offender performing unpaid community work in respect of more than an amount equivalent to the value of 100 penalty units of the amount of the fine. S. 62(10A) inserted by No. 41/1993 s. 13(c). (10A) If a person who was arrested on a warrant under this section and released on bail (either in accordance with the endorsement on the warrant or under section 10 of the Bail Act 1977) fails to
(4) In particular, without limiting subsection (3), section 12 of the Criminal Procedure Act 2009 applies to a proceeding commenced under this section with the modification that a reference to section 6 is taken to be a reference to section 83AG of this Act. S. 83AH inserted by No. 65/2011 s. 43, substituted by No. 26/2012 s. 62. 83AH Time for commencing a proceeding s. 83AH (1) A proceeding for an offence under section 83AB, 83AC or 83AD must be commenced— (a) if the contravention is constituted by the offender committing another offence punishable by imprisonment while the order is in force, within 6 months after the person is convicted or found guilty of the later offence, subject to subsection (2); or (b) if the contravention is not constituted by the offender committing another offence punishable by imprisonment while the order is in force, within 1 year after the order ceases to be in force. (2) A proceeding for an offence under section 83AB, 83AC or 83AD to which subsection (1)(a) applies must not be commenced more than 2 years after the order ceases to be in force. Note The time limit for the commencement of a proceeding for a summary offence under section 7 of the Criminal Procedure Act 2009 applies to an offence against section 83AE or 83AF. S. 83AI inserted by No. 65/2011 s. 43, substituted by No. 26/2012 s. 62. 83AI Issue of summons or warrant to arrest s. 83AI (1) A summons issued for the purposes of a proceeding commenced under section 83AG for an offence under section 83AB, 83AC or 83AD must direct the offender to attend to answer to the charge—
(b) any other person who in the opinion of the court is dependent on the offender or has a legal right to look to the offender for financial support; S. 83D(1) def. of domestic partner substituted by No. 12/2008 s. 73(1)(Sch. 1 item 56.1). domestic partner of an offender means— (a) a person who is in a registered relationship with the offender; or (b) a person to whom the offender is not married but with whom, in the opinion of the court, the offender is living as a couple on a genuine domestic basis (irrespective of gender); S. 83D(1) def. of excluded public body amended by No. 24/2006 s. 6.1.2(Sch. 7 item 35(a)). excluded public body means— (a) a Council within the meaning of section 3(1) of the Local Government Act 1989; (b) a university within the meaning of the Education and Training Reform Act 2006 that is a body politic and is governed by a council, some of the members of which are appointed by the Governor in Council or a Minister; member contributions by way of salary sacrifice does not include employer contributions for which the employer is or has been liable under the Superannuation Guarantee (Administration) Act 1992 of the Commonwealth, under an industrial award or agreement or under the provisions of the governing instrument of the relevant superannuation scheme and which are included in the total remuneration package of a public sector employee; member financed component means the amount of the superannuation benefit or superannuation benefits financed by member
S. 87F inserted by No. 80/2001 s. 4. 87F Extension of time for making application (1) A court may, on the application of a person who wishes to apply for a cost recovery order, extend the time within which an application for a cost recovery order may be made if it is of the opinion that it is in the interests of justice to do so. (2) A court may extend time under subsection (1) before or after the time expires and whether or not an application for an extension is made before the time expires. (3) A court must not extend time under subsection (1) without giving the offender a reasonable opportunity to be heard on the matter. S. 87G inserted by No. 80/2001 s. 4. 87G How offender may appear on an application In a proceeding on an application for a cost recovery order the offender— (a) may appear personally; or (b) may be represented— 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
Division 2 or both impose a fine and make such a compensation order; but (b) that the offender has insufficient means to pay them all— the court must give first preference to any compensation order, second preference to a cost recovery order and third preference to a fine. S. 87K inserted by No. 80/2001 s. 4. to give reasons for its decision s. 87J (1) On deciding to grant or refuse an application for a cost recovery order, the court must— (a) state in writing the reasons for its decision; and (b) cause those reasons to be entered in the records of the court. (2) The failure of a court to comply with subsection (1) does not invalidate the decision made by it on the application. S. 87L inserted by No. 80/2001 s. 4. 87L Costs of proceeding 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 Division must bear their own costs of the proceeding unless the court otherwise determines. S. 87M inserted by No. 80/2001 s. 4. 87M Right to bring civil proceedings unaffected s. 87L Nothing in this Division takes away from, or affects, the right of an emergency service agency to recover any costs so far as not recovered under this Division. S. 87N inserted by No. 80/2001 s. 4. 87N Enforcement of order A cost recovery order, including costs ordered to be paid by the offender on the proceeding for that order, must be taken to be a judgment debt due by the offender to the State and payment of any
the making of the application under section 89(2). 88 Effect where punishment suffered for indictable offence s. 88 (1) If a person who has been convicted of an indictable offence has suffered the punishment imposed in respect of it, the punishment has the like effect and consequence as a pardon under the great seal. (2) Subsection (1) does not limit the operation of any enactment that expressly disqualifies a person who has been convicted of an indictable offence from holding any office. 89 Cancellation or suspension of driver licence S. 89(1) amended by Nos 57/1998 s. 26(1), 59/2004 s. 9(1)(c). (1) If a person is found guilty of— (a) manslaughter arising out of the driving of a motor vehicle by the offender; 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 by the offender; or S. 89(1)(c) amended by Nos 59/2004 s. 9(1)(a), 93/2009 s. 49(1). (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) by the offender; or s. 89
S. 89(1)(d) inserted by No. 59/2004 s. 9(1)(b), amended by No. 93/2009 s. 49(1). (d) an offence under section 319 of the Crimes Act 1958 arising out of the driving of a motor vehicle (other than the operating of a vessel) by the offender— the court must, if the offender holds a driver licence, cancel that licence and, whether or not the offender holds a driver licence, disqualify him or her from obtaining one for such time (not being less than 18 months, in the case of an offence under section 319 of the Crimes Act 1958, or 24 months in any other case) as the court thinks fit and may make a finding that the offence was committed while the offender was under the influence of alcohol or a drug which contributed to the offence. S. 89(1AA) inserted by No. 83/2012 s. 33(1). (1AA) If a person is found guilty of an offence under section 319AA of the Crimes Act 1958, the court must— (a) if the offender holds a driver licence or learner permit, cancel the licence or permit; and (b) whether or not the offender holds a driver licence or learner permit, disqualify the offender from obtaining one for any time that the court thinks fit, being not less than 12 months. S. 89(1A) inserted by No. 59/2004 s. 9(2), amended by No. 83/2012 s. 33(2). (1A) A period of disqualification under subsection (1) or (1AA) commences on the day that the order imposing it is made or on such other later day as the court specifies in the order. s. 89 S. 89(2) amended by No. 83/2012 s. 33(3). (2) A driver licence or learner permit (as the case requires) must not be issued to a person who has been disqualified from obtaining one under subsection (1) or (1AA) except on the order of the
(iii) the last licence restoration report obtained by the person. s. 89B (5) In determining whether to make an order to remove an alcohol interlock condition imposed on a person's driver licence— (a) the court must hear any relevant evidence tendered by either the person or the Chief Commissioner of Police and any evidence of a registered medical practitioner required by the court; and (b) the court, without limiting the generality of its discretion, must have regard to— (i) the person's use of alcohol in the period since the condition was imposed; and (ii) the person's physical and mental condition at the time of the hearing of the application; and (iii) the effect that the making of the order may have on the safety of the person or the public; and (iv) any report obtained under subsection (4). S. 89B(6) inserted by No. 69/2009 s. 54(Sch. Pt 1 item 51.4). (6) Nothing in subsection (5) prevents the application of Part 3.10 of the Evidence Act 2008 to making a determination under that subsection. S. 89C inserted by No. 1/2002 s. 13. 89C Appeals against direction or period specified in direction s. 89C S. 89C(1) amended by Nos 110/2004 s. 45(2), 68/2009 s. 97(Sch. item 110.69). (1) If the court gives a direction under section 89A(2), 89A(3)(b) or 89A(4), the person in respect of whom the direction is given may appeal to the County Court under section 254 of the Criminal Procedure Act 2009 against—
S. 91 amended by Nos 98/1995 s. 64(3)(d), 69/2005 s. 4(3)(b)(4) (ILA s. 39B(1)). 91 Diagnosis, assessment and treatment orders s. 91 S. 91(1) amended by No. 68/2009 s. 97(Sch. item 110.71). (1) If on the trial or hearing of a person for an offence— (a) the person is found guilty; and S. 91(b) amended by No. 98/1995 s. 64(3), substituted by No. 69/2005 s. 4(3)(a). (b) the court is satisfied by the production of a certificate in the prescribed form of a psychiatrist and any other evidence that it may require that— (i) the person appears to be mentally ill; and (ii) the person's mental illness requires treatment and that treatment can be obtained by the person being subject to an order under this section; and (iii) because of the person's mental illness, involuntary treatment of the person is necessary for his or her health or safety (whether to prevent a deterioration in the person's physical or mental condition or otherwise) or for the protection of members of the public; and S. 91(c) amended by No. 98/1995 s. 64(3)(d), substituted by No. 69/2005 s. 4(3)(a). (c) the court has received a report in the prescribed form from the authorised psychiatrist of the approved mental health service in which the person is proposed to be detained— (i) recommending the making of the order; and (ii) stating that there are facilities or services available at that service for the
The Council, by instrument under its official seal, may delegate to— (a) a director; or (b) the chief executive officer of the Council; or (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). (cb) one must be a member of the police force who is actively engaged in criminal law enforcement duties and who is of the rank of senior sergeant or below;
S. 108M(2) amended by No. 108/2004 s. 117(1) (Sch. 3 item 181.4). (2) Subject to the Council's budget, as many other employees as are necessary to enable the Council to perform its functions may be employed under Part 3 of the Public Administration Act 2004. S. 108N inserted by No. 13/2003 s. 6. 108N Appointment of consultants (1) The Council may engage persons with suitable qualifications and experience as consultants to the Council either in an honorary capacity or for remuneration. (2) The remuneration of consultants shall be determined by the Council having regard to its budget. S. 108O inserted by No. 13/2003 s. 6. 108O Control on expenditure s. 108M Money must only be spent by the Council in defraying expenses incurred by it in performing its functions, including paying any remuneration, salaries or allowances payable to directors, staff or consultants. S. 108P inserted by No. 13/2003 s. 6. 108P Parliamentary requirement for information (1) The Council must comply with any information requirement lawfully made of it by a House of the Parliament or a Parliamentary Committee within the meaning of the Parliamentary Committees Act 1968. (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. _______________
(2) For the purposes of subsection (1), a person can only begin a term of imprisonment if, immediately before the term of imprisonment began, the person was not serving any other term of imprisonment imposed on him or her. S. 123 inserted by No. 54/2000 s. 24, renumbered as s. 124 by No. 2/2002 s. 6. 124 Transitional provisions—Victims of Crime Assistance (Amendment) Act 2000 (1) The amendment of this Act made by a provision of section 21 or 22 of the Victims of Crime Assistance (Amendment) Act 2000 applies to an application under section 86 of this Act for compensation for pain and suffering made before the commencement of that provision but heard or determined after that commencement, irrespective of when the offence was committed or the finding of guilt made or conviction recorded. (2) An application to which subsection (1) applies must be heard and determined as if it were an application made under Subdivision (1) of Division 2 of Part 4. (3) Subject to Subdivision (1) of Division 2 of Part 4, an application may be made under that Subdivision after the commencement of section 21 of the Victims of Crime Assistance (Amendment) Act 2000, irrespective of whether the offence was committed or the finding was made or the conviction was recorded before or after that commencement. (4) The amendment of this Act made by a provision of section 23 of the Victims of Crime Assistance (Amendment) Act 2000 applies only to an application under section 87A(1) of this Act made after the commencement of that provision. S. 125 inserted by No. 80/2001 s. 5. 125 Transitional provisions—Sentencing (Emergency Service Costs) Act 2001 s. 125
applies to a sentence imposed on or after the commencement of section 434 of that Act, irrespective of when the criminal proceeding commenced and irrespective of when the Magistrates' Court determined to grant a summary hearing. (4) If— (a) the maximum fine set out in section 113D(1A) is greater than the maximum fine that applies to the summary hearing of an indictable offence immediately before the commencement of section 434 of the Criminal Procedure Act 2009; and (b) before the commencement of section 434 of that Act, the Magistrates' Court determined to grant a summary hearing of a charge for the offence— the maximum fine for the offence immediately before that commencement applies. S. 138 inserted by No. 77/2009 s. 4, renumbered as s. 140 by No. 7/2010 s. 14(2). 140 Transitional provision—Sentencing Amendment Act 2009 s. 140 Section 5(2)(daaa) as inserted by section 3 of the Sentencing Amendment Act 2009 applies to a sentence imposed on or after the commencement of that Act, irrespective of when the offence was committed. S. 141 inserted by No. 30/2010 s. 23. 141 Transitional provision—Justice Legislation Amendment Act 2010 (1) Section 9 as amended by section 5 of the Justice Legislation Amendment Act 2010 applies to the sentencing of a person for an offence on or after
offence is taken to be alleged to have been committed before that commencement. S. 144 inserted by No. 9/2011 s. 7. 144 Transitional provision—Sentencing Further Amendment Act 2011 s. 144 On and from the commencement of section 6 of the Sentencing Further Amendment Act 2011 the Sentencing Advisory Council is taken to be the same body as it was immediately before that commencement, despite any changes to the board of directors and no decision, matter or thing is to be affected because of those changes. S. 145 inserted by No. 48/2012 s. 46. 145 Transitional provisions—Criminal Procedure Amendment Act 2012 (1) Section 9 as amended by section 44 of the Criminal Procedure Amendment Act 2012 applies to the sentencing of a person for offences on or after the commencement of section 44 of that Act, irrespective of when the offences were committed or the findings of guilt were made. (2) Section 51 as amended by section 45 of the Criminal Procedure Amendment Act 2012 applies to the sentencing of a person for offences on or after the commencement of section 45 of that Act, irrespective of when the offences were committed or the findings of guilt were made. S. 147 inserted by No. 45/2012 s. 10. 147 Transitional provision—Sentencing Amendment (Community Correction Reform) Act 2011 Schedule 3 has effect.
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). (ia) section 38A (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). (ii) section 39 (indecent assault); (iii) section 40 (assault with intent to rape); (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)(xvij) inserted by No. 57/2005 s. 50(2)(d). (xvij) section 70AC (sexual performance involving a minor); (xvii) section 76 (burglary) in circumstances where the offender entered the building or part of the building as a trespasser with intent to commit a sexual or indecent assault; Sch. 1 (xviii) section 77 (aggravated burglary) in circumstances where the offender entered the building or part of the building as a trespasser with intent to commit a sexual or indecent assault; Sch. 1 cl. 1(ab) inserted by No. 67/2000 s. 10(2)(b). (ab) an offence against section 45(1) (sexual penetration of child under the age of 10) (as amended) of the Crimes Act 1958 inserted in the Crimes Act 1958 on 5 August 1991 by section 3 of the Crimes (Sexual Offences) Act 1991 and repealed by section 5 of the Crimes (Amendment) Act 2000; Sch. 1 cl. 1(ac) inserted by No. 67/2000 s. 10(2)(b). (ac) an offence against section 46(1) (sexual penetration of child aged between 10 and 16) (as amended) of the Crimes Act 1958 inserted in the Crimes Act 1958 on 5 August 1991 by section 3 of the Crimes (Sexual Offences) Act 1991 and repealed by section 5 of the Crimes (Amendment) Act 2000; Sch. 1 cl. 1(b) amended by No. 69/1997 s. 21. (b) an offence against, or for which the penalty or the maximum or minimum penalty is fixed by, any of the following provisions (as amended) inserted in the Crimes Act 1958 on 5 August 1991 by section 3 of the Crimes (Sexual Offences) Act 1991 and