S. 3(1) def. of place or area exclusion condition inserted by No. 65/2011 s. 3(1). place or area exclusion condition means a condition that may be attached to a community correction order under section 48H(1); S. 3(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 151.1(a)). police officer has the same meaning as in the Victoria Police Act 2013; S. 3(1) def. of prescribed officer substituted as prescribed person by No. 48/1997 s. 14(1)(b). prescribed person means a person prescribed under the regulations; prisoner has the same meaning as in the Corrections Act 1986; prison offence has the same meaning as in Part 7 of the Corrections Act 1986; proper officer, in relation to a court, means the officer or officers of that court prescribed by rules of that court for the purpose of the provision in which the term is used; proper venue, in relation to the Magistrates' Court, has the same meaning as in the Magistrates' Court Act 1989; S. 3(1) def. of psychiatric in-patient service repealed by No. 98/1995 s. 64(1)(c). * * * * *
S. 3(1) def. of security patient amended by No. 26/2014 s. 429(1)(i). security patient has the same meaning as in the Mental Health Act 2014; S. 3(1) def. of security resident substituted by No. 23/2006 s. 226(c). security resident has the same meaning as it has in section 3(1) of the Disability Act 2006; S. 3(1) def. of sentencing court inserted by No. 65/2011 s. 3(1). sentencing court, in relation to an order made under this Act, means the court that made the order; S. 3(1) def. of serious offence inserted by No. 41/1993 s. 4(e), amended by Nos 67/2000 s. 10(1)(a)(b), 77/2005 s. 8(4)(a), 82/2006 s. 7(1), 2/2006 s. 43(1) (as amended by No. 76/2006 s. 14(1)), 7/2008 s. 7(4)(a), 6/2013 s. 8, 32/2013 s. 8(b), 63/2014 s. 5(3)(a), 74/2014 s. 19(1). serious offence, for the purposes of Subdivision (1A) of Division 2 of Part 3 (indefinite sentences) means— (a) murder; or (b) manslaughter; or (baa) child homicide; or * * * * * (c) an offence against any of the following sections of the Crimes Act 1958— (iaa) section 15A (causing serious injury intentionally in circumstances of gross violence); (iab) section 15B (causing serious injury recklessly in circumstances of gross violence); (i) section 16 (causing serious injury intentionally); (ii) section 20 (threats to kill); (iii) section 38 (rape);
S. 3(1) defs of serious sexual offender, serious violent offence, serious violent offender inserted by No. 41/1993 s. 4(e), repealed by No. 48/1997 s. 7(1). * * * * * S. 3(1) def. of severe substance dependence inserted by No. 43/2010 s. 48(1)(b). severe substance dependence has the same meaning as in section 5 of the Severe Substance Dependence Treatment Act 2010; S. 3(1) def. of sexual offence inserted by No. 41/1993 s. 4(e), amended by Nos 24/1994 s. 4(1)(a), 22/1996 s. 20, repealed by No. 48/1997 s. 7(1). * * * * * S. 3(1) def. of significant offence inserted by No. 77/2010 s. 3(a) (as amended by No. 9/2011 s. 3), repealed by No. 32/2013 s. 8(c). * * * * *
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)). * * * * * 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 Temporary Treatment Order inserted by No. 26/2014 s. 429(2). Temporary Treatment Order means an Order within the meaning of section 45 of the Mental Health Act 2014; S. 3(1) def. of time to pay order inserted by No. 32/2013 s. 46(4). time to pay order means an order made under Part 3B that an offender be allowed time to pay a fine and includes such an order as varied under that Part; S. 3(1) def. of total effective sentence inserted by No. 52/2014 s. 3. total effective sentence has the same meaning as in the Criminal Procedure Act 2009; S. 3(1) def. of treatment and rehabilitation condition inserted by No. 65/2011 s. 3(1). treatment and rehabilitation condition means a condition that may be attached to a community correction order under section 48D(1);
S. 5(2A)(e) inserted by No. 108/1997 s. 156(c), amended by Nos 63/2003 s. 50(2), 87/2004 s. 24(a), 55/2014 s. 48(2), substituted by No. 27/2016 s. 46. (e) subject to paragraph (ab), must not have regard to the automatic forfeiture of property under Division 2 or 3 of Part 3 of that Act or a pecuniary penalty made under that Act in relation to a Schedule 2 offence; S. 5(2A)(f) inserted by No. 27/2016 s. 46. (f) must not have regard to the automatic forfeiture of property under Division 4 of Part 3 of that Act in relation to a serious drug offence. S. 5(2B) inserted by No. 90/1991 s. 34, amended by No. 108/1997 s. 156(d). (2B) Nothing in subsection (2A) prevents a court from having regard to a forfeiture order or civil forfeiture order made under, or automatic forfeiture occurring by operation of, the Confiscation Act 1997 as an indication of remorse or co-operation with the authorities on the part of the offender. S. 5(2BA) inserted by No. 1/2005 s. 48. (2BA) In sentencing an offender, a court— S. 5(2BA)(a) amended by No. 21/2008 s. 25(1). (a) must not have regard to the fact that the offender is subject to an extended supervision order or interim extended supervision order under the Serious Sex Offenders Monitoring Act 2005 but, if relevant to the conditions of any sentence imposed by it, may have regard to the conditions of that order and the terms of any current directions or instructions given by the Adult Parole Board under section 16 of that Act;
(1) A written statement on medical matters concerning the victim may be attached to the victim impact statement. (2) The written statement under subsection (1)— (a) must be made and signed by a medical expert; and (b) may include any document which the medical expert intends should be read with the statement whether the document was in existence at the time the statement was made or was a document which the medical expert obtained or caused to be brought into existence subsequently. S. 8N inserted by No. 65/2011 s. 7. 8N Distribution of written statement If the victim prepares a victim impact statement, the victim must, a reasonable time before sentencing is to take place— (a) file a copy with the court; and (b) provide a copy to— (i) the offender or the legal practitioner representing the offender; and (ii) the prosecutor— and the copy must include a copy of any medical report attached to the victim impact statement. S. 8O inserted by No. 65/2011 s. 7. 8O Examination of victim (1) The court may, at the request of the offender or the prosecutor, call a victim who has made a victim impact statement, or a person who has
S. 9(1) amended by No. 50/2006 s. 38(1). (1) If an offender is convicted by a court of two or more offences which are founded on the same facts, or form, or are part of, a series of offences of the same or a similar character, the court may impose an aggregate sentence of imprisonment in respect of those offences in place of a separate sentence of imprisonment in respect of all or any two or more of them. S. 9(1A) inserted by No. 50/2006 s. 38(2). (1A) Despite subsection (1), a court must not impose an aggregate sentence of imprisonment if— (a) the offender is a serious offender within the meaning of Part 2A and any of the offences of which the offender is convicted is a relevant offence within the meaning of that Part; or S. 9(1A)(ab) inserted by No. 52/2014 s. 7. (ab) the offences comprise at least one offence that is a baseline offence; or (b) the offences comprise at least one offence committed by the offender while released under a parole order and one offence committed at another time. S. 9(2) amended by No. 50/2006 s. 38(3). (2) The term of an aggregate sentence of imprisonment imposed in accordance with subsection (1) must not exceed the total effective period of imprisonment that could have been imposed in respect of the offences in accordance with this Act if the court had imposed a separate sentence of imprisonment in respect of each of them. S. 9(3) amended by No. 50/2006 s. 38(4). (3) If a court proposes to impose an aggregate sentence of imprisonment, it must before doing so announce in open court, in language likely to be readily understood by the offender—
Example The offender might only warn the victim of the punch or strike so close to the time of the delivery of the punch or strike that the victim is not expecting to be punched or struck by the offender. (6) Subsection (2) does not apply to— S. 9C(6)(a) substituted by No. 72/2014 s. 11(1). (a) a person who is involved in the commission of the offence within the meaning of section 323(1)(a) or (b) of the Crimes Act 1958; or Note to s. 9C(6)(a) repealed by No. 72/2014 s. 11(2). * * * * * (b) a person who is under the age of 18 years at the time of the commission of the offence. (7) In this section— strike has the meaning given by section 4A of the Crimes Act 1958. S. 10 (Heading) substituted by No. 72/2014 s. 7. S. 10 amended by No. 41/1993 s. 6, expired by force of No. 49/1991 s. 10(5), new s. 10 inserted by No. 6/2013 s. 9. 10 Custodial sentence must be imposed for causing serious injury in circumstances of gross violence (1) In sentencing an offender for an offence against section 15A or 15B of the Crimes Act 1958 (whether on appeal or otherwise), a court must impose a term of imprisonment and fix under section 11 a non-parole period of not less than 4 years unless the court finds under section 10A that a special reason exists. Note Section 11(3) requires that a non-parole period must be at least 6 months less than the term of the sentence. (2) Subsection (1) does not apply to—
S. 18D inserted by No. 41/1993 s. 9. 18D Adjournment of sentencing If a court is considering imposing an indefinite sentence on an offender, whether on its own initiative or because of a notice filed under section 18C(1)(a), it must on the day of the conviction or within 5 working days after that day explain, or cause to be explained, to the offender in language likely to be readily understood by him or her— (a) the fact that it is considering imposing an indefinite sentence; and (b) the effect of an order for an indefinite sentence— and adjourn sentencing until at least 25 working days after the day of the conviction. S. 18E inserted by No. 41/1993 s. 9, amended by Nos 24/1994 s. 6(1), 69/2005 ss 3(1)(c) (2)(3)(a), substituted by No. 26/2014 s. 433. 18E Court Secure Treatment Orders (1) If a court imposes an indefinite sentence on an offender as mentioned in section 94(1)(b) after considering the authorised psychiatrist's report made after examining the offender subject to a Inpatient Court Assessment Order made under section 90, the court must deduct from the nominal sentence the period of time that the offender was detained under the Court Assessment Order. (2) Section 94C applies if a person is found guilty of a serious offence and a court imposes an indefinite sentence in the same way it applies on any other finding of guilt but as if— (a) section 94C(3) provided that the duration of the Court Secure Treatment Order was for an indefinite period; and (b) section 94C(4) did not require the fixing of a non-parole period but instead required the court to specify a nominal sentence as if the
(d) the considers that— (i) a sentence of imprisonment would otherwise be appropriate; and S. 18Z(1)(d)(ii) substituted by No. 65/2011 s. 13(1). (ii) it would not have suspended the sentence in whole or in part; and (e) the Drug Court has received a drug treatment order assessment report on the offender under section 18ZQ. (2) However, a drug treatment order cannot be made in respect of an offender who is subject to— (a) a parole order; or S. 18Z(2)(b) repealed by No. 65/2011 s. 13(2). * * * * * S. 18Z(2)(c) amended by No. 68/2009 s. 97(Sch. item 110.19). (c) a sentence of the County Court or Supreme Court. (3) The must not make a drug treatment order unless— (a) it is satisfied in all the circumstances that it is appropriate to do so; and (b) the offender agrees in writing to the making of the order and to comply with the treatment and supervision part of the order. Note Section 18ZC sets out what the treatment and supervision part of the order is.
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(2A) inserted by No. 48/1997 s. 16(3), amended by No. 48/2006 s. 42(Sch. item 32.6). (2A) A court must not make a youth justice centre order in respect of a young offender who at the time of being sentenced is under the age of 15 years. S. 32(2B) inserted by No. 48/1997 s. 17(4). (2B) A court must not make a youth residential centre order in respect of a young offender who at the time of being sentenced is aged 15 or more. S. 32(3) amended by Nos 48/1997 ss 16(4), 17(5), 48/2006 s. 42(Sch. item 32.7). (3) The maximum period for which a court may direct that a young offender be detained in a youth justice centre or youth residential centre is—
S. 44(2) repealed by No. 32/2013 s. 13(2). * * * * * S. 44(3) amended by No. 69/2014 s. 18(2). (3) If a court makes a community correction order in respect of an offender in addition to imposing a sentence of imprisonment in accordance with this section, the community correction order commences on the release of the offender from imprisonment or, if the offender is released on parole, on the completion of the parole period (as defined in section 55(1) of the Corrections Act 1986). S. 44(4) inserted by No. 69/2014 s. 18(3). (4) A reference in this section to a sentence of imprisonment does not include a sentence that has been suspended. Pt 3A Div. 3 (Heading) inserted by No. 65/2011 s. 21. Division 3—Making a community correction order S. 45 amended by No. 45/1996 s. 18(Sch. 2 item 11.10), substituted by No. 65/2011 s. 21. 45 Terms of a community correction order (1) The following terms are attached to each community correction order— (a) the offender must not commit, whether in or outside Victoria, during the period of the order, an offence punishable by imprisonment; S. 45(1)(ab) inserted by No. 26/2012 s. 32. (ab) the offender must comply with any obligation or requirement prescribed by the regulations;
S. 79 amended by Nos 48/1997 s. 21, 10/1999 s. 30, 68/2009 s. 97(Sch. items 110.55– 110.58), repealed by No. 65/2011 s. 33. * * * * * Pt 3 Div. 6 (Heading) substituted as Pt 3B Div. 3 (Heading) by No. 65/2011 s. 34, renumbered as Pt 3BA Div. 2 by No. 26/2012 s. 58. Division 2—Intellectually disabled offenders S. 80 amended by Nos 48/1997 ss 14(8), 28(1), 46/1998 s. 7(Sch. 1), 23/2006 s. 227, substituted by No. 65/2011 s. 35. 80 Justice plan condition (1) A court that is considering— (a) making a community correction order; or (b) releasing an offender on adjournment with or without recording a conviction— may attach a condition to the order directing that the offender participate in the services specified in the plan prepared under subsection (3)(c). (2) In attaching a condition under subsection (1) the court must— (a) consider the plan and the other information requested under subsection (3); and (b) have regard to those objectives and principles specified in Part 2 of the Disability Act 2006.
S. 83A(2) amended by No. 77/2010 s. 21(3)(a). (2) If the Magistrates' Court or County Court defers sentencing an offender, it— S. 83A(2)(a) amended by No. 77/2010 s. 21(3)(b). (a) must adjourn the proceeding for a period of up to 12 months; and S. 83A(2)(b) amended by Nos. 68/2009 s. 97(Sch. item 110.59), 77/2010 s. 21(3)(c). (b) may release the offender on his or her undertaking to attend before the court on the date fixed for sentence or release the offender on bail or extend his or her bail to that date; and (c) may order a pre-sentence report in respect of the offender. S. 83A(3) amended by No. 77/2010 s. 21(4). (3) On the adjourned hearing, the court must, in determining the appropriate sentence for an offender, have regard to— (a) the offender's behaviour during the period of deferral; and S. 83A(3)(b) amended by No. 65/2011 s. 42. (b) subject to section 8D, any pre-sentence report ordered under subsection (2)(c); and (c) any other relevant matter. S. 83A(4) amended by No. 77/2010 s. 21(5). (4) If an offender is found guilty of an offence during a period of deferral under this section, the court may— (a) re-list the adjourned proceeding on a day earlier than the day to which it was adjourned under subsection (2)(a); and S. 83A(4)(b) amended by No. 77/2010 s. 21(5). (b) on the adjourned hearing make any order that the court could have made if it had not deferred sentencing. S. 83A(5) amended by No. 77/2010 s. 21(6). (5) The court may order that a warrant to arrest be issued against the offender if he or she does not attend before the court on the adjourned hearing.
(4) In making an order under subsection (1) the court may direct that the compensation be paid by instalments and that in default of payment of any one instalment the whole of the compensation remaining unpaid shall become due and payable. S. 86(5) amended by No. 49/2012 s. 7(2)(a). (5) An application under subsection (1A)(a)— S. 86(5)(a) amended by Nos 81/1996 s. 74(1)(b), 54/2000 s. 22(2)(b), 49/2012 s. 7(2)(b). (a) must be made as soon as practicable after the offender is found guilty, or convicted, of the offence; and S. 86(5)(b) amended by No. 49/2012 s. 7(2)(c)(i). (b) may be made— S. 86(5)(b)(i) amended by No. 49/2012 s. 7(2)(c)(ii). (i) by the person seeking compensation; or S. 86(5)(b)(ii) amended by No. 69/1997 s. 10(a)–(c). (ii) on that person's behalf by the Director of Public Prosecutions or (if the sentencing court was the Magistrates' Court) the informant or police prosecutor. (6) Nothing in subsection (5)(b)(ii) requires the Director of Public Prosecutions or the informant or police prosecutor (as the case requires) to make an application on behalf of a person.
(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 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 amount remaining unpaid under the order may be enforced in the court by which it was made.
Pt 4 Div. 3 (Heading and ss 87P–89D) amended by Nos 57/1998 s. 26(1)(2), 1/2002 ss 49/2004 ss 43, 44, 59/2004 s. 9, 110/2004 s. 45, 81/2006 s. 7, 68/2009 s. 97(Sch. item 110.69), 69/2009 s. 54(Sch. Pt 1 items 51.3, 51.4), 93/2009 s. 49(1), 83/2012 s. 33(1)–(3), substituted as Pt 4 Div. 3 (Heading and ss by No. 56/2013 s. 32. Division 3—Driver licences and learner cancellation and driver disqualification S. 87P substituted by No. 56/2013 s. 32. 87P Definition In this Division— serious motor vehicle offence means— (a) manslaughter arising out of the driving of a motor vehicle; or (b) an offence under section 24 of the Crimes Act 1958 in respect of serious injury arising out of the driving of a motor vehicle; or (c) an offence under section 318 of the Crimes Act 1958 arising out of the driving of a motor vehicle (other than the operating of a vessel); or
(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). S. 87Q inserted by No. 56/2013 s. 32. 87Q Matters to be sent to Roads Corporation A court that makes an order under section 89 or 89A or a finding under section 89C(1) must cause particulars of the order or finding (including the offence or offences of which the person was found guilty or convicted) to be sent immediately to the Roads Corporation. S. 88 substituted by No. 56/2013 s. 32. 88 Application of Evidence Act 2008 To avoid doubt, a proceeding under this Division is a proceeding that relates to sentencing for the purposes of section 4(2) of the Evidence Act 2008. S. 89 substituted by No. 56/2013 s. 32. 89 Suspension or cancellation of driver licence or learner permit and driver disqualification—certain motor vehicle offences (1) If a person is found guilty or convicted of a serious motor vehicle offence, the court must— (a) if the person is the holder of a driver licence or learner permit, cancel that licence or permit and disqualify him or her from obtaining a further one for the period of time that the court specifies; or (b) if the person is not the holder of a driver licence or learner permit but is the holder of an equivalent licence or permit issued in another State or a Territory of the Commonwealth or another country, disqualify him or her from driving a motor vehicle on a road in Victoria for the period for which he or she would have been disqualified from obtaining a driver licence or learner permit, had he or she held one; or
historical homosexual offence means— (a) a sexual offence or a public morality offence; or (b) an offence of attempting to commit a sexual offence or a public morality offence; or (c) an offence of being involved (within the meaning given by section 323(1)(a) or (b) of the Crimes Act 1958) in the commission of a sexual offence or a public morality offence; or (d) an offence of inciting or conspiring to commit a sexual offence or a public morality offence; legal proceeding has the same meaning as in the Evidence (Miscellaneous Proceedings) Act 1958; official records means records containing information about convictions held by any court, VCAT, Victoria Police or the Office of Public Prosecutions; public morality offence means an offence, other than a sexual offence, as in force at any time— (a) the essence of which is the maintenance of public decency or morality; and (b) by which homosexual behaviour could be punished; Example Behaving in an indecent or offensive manner contrary to section 17(1)(d) of the Summary Offences Act 1966. registered medical practitioner means a person registered under the Health Practitioner
S. 143(1) def. of old serious suspended sentence order amended by No. 43/2012 s. 3(Sch. item 46.2). old serious suspended sentence order means an order made under Subdivision 3 of Division 2 of Part 3 as in force before the commencement of section 12 of the 2010 Act as to the suspending of a sentence of imprisonment on an offender for a serious offence, being such an order in force immediately before that commencement; old significant suspended sentence order means an order made under Subdivision 3 of Division 2 of Part 3 as in force before the commencement of section 12 of the 2010 Act as to the suspending of a sentence of imprisonment on an offender for a significant offence, being such an order in 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). * * * * *
(i) section 38 (rape); Sch. 1 cl. 1(a)(ia) inserted by No. 2/2006 s. 43(2)(a), amended by No. 74/2014 s. 19(3)(a). (ia) section 39 (rape by compelling sexual penetration) if the person against whom the offence is committed is a child; Sch. 1 cl. 1(a)(ii) substituted by No. 57/2005 s. 50(2)(a), amended by No. 74/2014 s. 19(3)(b). (ii) section 40 (sexual assault) or 41 (sexual assault by compelling sexual touching); Sch. 1 cl. 1(a)(iii) amended by No. 74/2014 s. 19(3)(c). (iii) section 42 (assault with intent to commit a sexual offence) or 43 (threat to commit a sexual offence); (iv) section 44(1), (2) or (4) (incest) but not section 44(4) if both people are aged 18 or older and each consented (as defined in section 36 of the Crimes Act 1958) to engage in the sexual act; Sch. 1 cl. 1(a)(v) amended by No. 67/2000 s. 10(2)(a)(i). (v) section 45(1) (sexual penetration of child under the age of 16); Sch. 1 cl. 1(a)(vi) repealed by No. 67/2000 s. 10(2)(a)(ii). * * * * * (vii) section 47(1) (indecent act with child under the age of 16);
(i) section 270.6 (sexual servitude offences); (ii) section 270.7 (deceptive recruiting for sexual services); Note The Criminal Code of the Commonwealth is contained in the Schedule to the Criminal Code Act 1995 of the Commonwealth. Sch. 1 cl. 1(de) inserted by No. 57/2005 s. 50(2)(e). (de) an offence against section 233BAB(5) or 233BAB(6) of the Customs Act 1901 of the Commonwealth (special offence relating to tier 2 goods) where the goods are goods covered by section 233BAB(1)(h) of that Act; Sch. 1 cl. 1(df) inserted by No. 57/2005 s. 50(2)(e). (df) an offence against any of the following sections of the Criminal Code of the Commonwealth: (i) section 271.4 (trafficking in children) or section 271.7 (domestic trafficking in children) in circumstances where the purpose of the exploitation is to provide sexual services within the meaning of that section; (ii) section 474.19(1) (using a carriage service for child pornography material); (iii) section 474.20(1) (possessing, controlling, producing, supplying or obtaining child pornography material for use through a carriage service); (iv) section 474.22(1) (using a carriage service for child abuse material); (v) section 474.23(1) (possessing, controlling, producing, supplying or
Sch. 1 cl. 4(a)(iv) substituted by No. 61/2001 s. 14(1). (iv) section 72A (cultivation of a narcotic plant in a quantity of a drug of dependence, being a narcotic plant, that is not less than the commercial quantity applicable to that narcotic plant); Sch. 1 cl. 4(a)(v) substituted by No. 61/2001 s. 14(1). (v) section 79(1) or 80(3)(a) (conspiracy) where the conspiracy is to commit an offence against section 71, 71AA, 72 or 72A of that Act or an offence under a law in force in a place outside Victoria that is a corresponding law in relation to section 71, 71AA, 72 or 72A of that Act; Sch. 1 cl. 4(a)(vi) inserted by No. 61/2001 s. 14(1), substituted by No. 79/2014 s. 64. (vi) section 80(1) (inciting) where the offence that is incited is an offence against section 71, 71AA, 72 or 72A of that Act; Sch. 1 cl. 4(a)(via) inserted by No. 79/2014 s. 64. (via) section 80(3)(b) (aiding, abetting etc. an offence outside Victoria) where the offence that is aided, abetted, counselled or procured is an offence under a law in force in a place outside Victoria that is a corresponding law in relation to section 71, 71AA, 72 or 72A of that Act; Sch. 1 cl. 4(a)(vii) inserted by No. 61/2001 s. 14(1). (vii) section 80(4) (preparatory act) where the offence to which the act relates is an offence under a law in force in a place outside Victoria that is a corresponding law in relation to section 71, 71AA, 72 or 72A of that Act; Sch. 1 cl. 4(ab) inserted by No. 35/2002 s. 28(Sch. item 5.2). (ab) an offence against any of the following provisions of the Drugs, Poisons and Controlled Substances Act 1981 as in force immediately before the commencement of
suspended sentence order means an order made under section 27. 7 Contravention—Old combined custody and treatment orders (1) An offender who is subject to an old combined custody and treatment order must not, unless that person has a reasonable excuse, contravene that order. Penalty: 3 months imprisonment. Sch. 3 cl. 7(2) amended by No. 43/2012 s. 3(Sch. item 46.3). (2) Subclause (1) does not apply to a contravention of an old combined custody and treatment order that occurs before the commencement of section 12 of the Sentencing Amendment (Community Correction Reform) Act 2011. Sch. 3 cl. 7(3) amended by No. 32/2013 s. 39. (3) Subject to subclause (4), Divisions 1 and 2 of Part 3C apply to an offence under subclause (1) as if any reference in Divisions 1 and 2 of that Part to an offence under section 83AD were a reference to an offence under subclause (1). (4) If in a proceeding for an offence under subclause (1) for a contravention of an old combined custody and treatment order, the court finds the person guilty of the offence the court, in addition to sentencing the offender for that offence, must— Sch. 3 cl. 7(4)(a) substituted by No. 26/2012 s. 67. (a) whether or not the order has expired, confirm the order that was contravened and if necessary to enable the offender to perform the remaining period and conditions of the order, vary the duration and dates of the order; or (b) whether or not the offender has served any part of the sentence in the community, order the offender to serve in custody the whole or part of the sentence that was to be served in the community.
(8) This clause and the amendment of clause 5 of this Schedule by section 12 of the Road Safety and Sentencing Acts Amendment Act 2012 do not affect the rights of the parties in the proceedings known as DPP v Tyson Jason Leys; DPP v Dillon Thomas Leys (No. S APCR 2012 0054 and No. S APCR 2012 0055). Sch. 4 repealed by No. 48/1997 s. 34, new Sch. 4 inserted by No. 31/2013 s. 11. 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.
Assent Date: 30.9.03 Commencement Date: S. 50 on 1.12.03: s. 2(2) : This information relates only to the provision/s amending the Sentencing Act 1991 Monetary Units Act 2004, No. 10/2004 Assent Date: 11.5.04 Commencement Date: Ss 13, 15(Sch. 1 item 27) on 1.7.04: s. 2(2) : This information relates only to the provision/s amending the Sentencing Act 1991 Justice Legislation (Sexual Offences and Bail) Act 2004, No. 20/2004 Assent Date: 18.5.04 Commencement Date: S. 9 on 19.5.04: s. 2 : This information relates only to the provision/s amending the Sentencing Act 1991 Transport Legislation (Miscellaneous Amendments) Act 2004, No. 49/2004 Assent Date: 16.6.04 Commencement Date: Ss 43–45 on 17.6.04: s. 2(1) : This information relates only to the provision/s amending the Sentencing Act 1991 Crimes (Dangerous Driving) Act 2004, No. 59/2004 Assent Date: 12.10.04 Commencement Date: S. 9 on 13.10.04: s. 2 : This information relates only to the provision/s amending the Sentencing Act 1991 Sentencing (Superannuation Orders) Act 2004, No. 65/2004 Assent Date: 12.10.04 Commencement Date: S. 3 on 13.10.04: s. 2 : This information relates only to the provision/s amending the Sentencing Act 1991 Children and Young Persons (Age Jurisdiction) Act 2004, No. 72/2004 Assent Date: 9.11.04 Commencement Date: Ss 38–40 on 1.7.05: s. 2(2) : This information relates only to the provision/s amending the Sentencing Act 1991 Major Crime Legislation (Seizure of Assets) Act 2004, No. 87/2004 Assent Date: 23.11.04 Commencement Date: S. 24 on 1.1.05: s. 2(2) : This information relates only to the provision/s amending the Sentencing Act 1991 Public Administration Act 2004, No. 108/2004
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 Infringements (Consequential and Other Amendments) Act 2006, No. 32/2006 Assent Date: 13.6.06 Commencement Date: Ss 92, 93 on 1.7.06: Government Gazette 29.6.06 p. 1315 : This information relates only to the provision/s amending the Sentencing Act 1991 Children, Youth and Families (Consequential and Other Amendments) Act 2006, No. 48/2006 Assent Date: 15.8.06 Commencement Date: S. 42(Sch. item 32) on 23.4.07: s. 2(3) : This information relates only to the provision/s amending the Sentencing Act 1991 Courts Legislation (Jurisdiction) Act 2006, No. 50/2006 Assent Date: 15.8.06 Commencement Date: Ss 38, 39 on 16.8.06: s. 2(1) : This information relates only to the provision/s amending the Sentencing Act 1991 Public Sector Acts (Further Workplace Protection and Other Matters) Act 2006, No. 80/2006