Courts and Sentencing Legislation Amendment Act
2012
No. 26 of 2012
TABLE OF PROVISIONS
Section
Page
PART 1—PRELIMINARY
1
2
1
Purposes
Commencement
1
2
PART 2—AMENDMENTS TO THE CHILDREN, YOUTH AND
FAMILIES ACT 2005
3
4
5
6
7
8
9
10
11
12
Child in custody to be brought before Court or bail justice
Breach of bail
Breach of probation
Breach of youth supervision order
Breach of youth attendance order
Jurisdiction of Koori Court (Criminal Division)
New section 518A inserted
518A Circumstances in which Koori Court (Criminal
Division) may deal with breach of a sentence
imposed by it or by another Division of the
Children's Court
Circumstances in which a child may be taken into safe custody
New sections 620 and 621 inserted
620
Transitional provision—Courts and Sentencing
Legislation Amendment Act 2012
621
Transitional provision—Courts and Sentencing
Legislation Amendment Act 2012
Schedule 3 amended—CAYPINS
PART 3—AMENDMENTS TO THE COUNTY COURT
ACT 1958
13
14
15
Jurisdiction of Koori Court Division
Dealing with proceedings for certain offences
New section 4DA inserted
4DA Circumstances in which Koori Court Division may
deal with contravention of a sentence imposed by it
or by another Division of the County Court
i
4
4
4
4
4
5
5
5
5
6
6
6
7
7
8
8
8
8
8
Section
16
17
Page
New section 48CA inserted
48CA Protection of assessors
New section 95 inserted
95
Transitional provision—Courts and Sentencing
Legislation Amendment Act 2012
PART 4—AMENDMENTS TO THE JUDICIAL COLLEGE OF
VICTORIA ACT 2001
18
Definitions
Jury pools
Selection of panels
Information for panel
11
12
12
12
12
PART 6—AMENDMENTS TO THE MAGISTRATES'
COURT ACT 1989
22
23
10
11
PART 5—AMENDMENT TO THE JURIES ACT 2000
19
20
21
9
9
10
13
Jurisdiction of Koori Court Division
New section 4EA inserted
4EA
Circumstances in which Koori Court Division may
deal with contravention of a sentence imposed by
another Division of the Magistrates' Court
Circumstances in which the Koori Court Division may deal
with certain offences
Schedule 8 amended
48
Transitional provisions—Courts and Sentencing
Legislation Amendment Act 2012
13
13
PART 7—AMENDMENTS TO THE SENTENCING ACT 1991
16
24
25
26
27
28
29
30
31
32
33
34
35
36
Purposes
Definitions
Time held in custody before trial etc. to be deducted from
sentence
New section 18ZT inserted
18ZT Order made by Court of Appeal
Suspended sentence of imprisonment
Unpaid community work where there are several orders
42
Concurrent unpaid community work where there are
several orders
Terms of a community correction order
Court may attach conditions
Residual condition
Unpaid community work condition
Application for variation etc. of a community correction
order
ii
13
14
15
15
16
16
17
17
17
17
18
18
19
19
19
19
19
Section
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
Page
Order made by Court of Appeal
48Q
Order made by Court of Appeal
Heading to Part 3B amended
Amount of fine where no amount prescribed
New Division heading inserted
Application by person fined
Section 57 repealed
Section 58 repealed
Section 59 repealed
Section 60 repealed
New Division heading and new section 61A inserted
20
20
20
20
20
20
21
21
21
21
21
Division 3—Fines—unpaid community work, default
and imprisonment
21
61A
Terms of a fine conversion order
Enforcement of fines against natural persons
Power to make fine default unpaid community work order
New section 62B inserted
62B
Terms of a fine default unpaid community work
order
New sections inserted after section 63
63AA Period of unpaid community work to be performed
63AB Cumulative unpaid community work where there
are several orders
63AC Period of a fine conversion order or a fine default
unpaid community work order
63AD Variation etc. of fine conversion order or fine
default unpaid community work order
63AE Application for variation etc. of a fine conversion
order or fine default unpaid community work order
Warrant to seize property returned unsatisfied
New Division inserted
21
22
22
23
Division 4—Miscellaneous matters
28
64A
64B
28
Suspension by Secretary
Secretary may direct offender to report at another
place or to another person
New sections 66A to 66E inserted
66A
Notice of orders to be given
66B
Oaths
66C
Application of fines etc.
66D
Penalty payable to body corporate
66E
Order made by Court of Appeal
New Part heading inserted
Division 2 heading amended
Release on adjournment following conviction
Release on adjournment without conviction
iii
23
24
24
25
25
26
27
28
28
29
29
29
29
30
30
30
30
31
31
31
Section
58
59
60
61
62
63
64
65
66
67
68
69
70
Page
Division 3 heading amended
Residential treatment order
Division 4 heading amended
Division 2 heading amended
Sections 83AG to 83AQ substituted
83AG Commencement of a proceeding
83AH Time for commencing a proceeding
83AI Issue of summons or warrant to arrest
83AJ Transfer of a proceeding
83AK Issue of warrant to arrest on failure to comply with
bail or summons
83AL Process where offender before higher court, orders
of that court
83AM Process where offender before higher court, orders
of Magistrates' Court
Powers of court on finding of guilt for contravention of order
as to suspended sentence
Provisions applying to a superannuation order
Delegation
Regulations
Contravention—Old combined custody and treatment orders
Contravention—pre-existing home detention orders
Contravention—Old intensive correction orders
Contravention—Old community-based orders
PART 8—AMENDMENTS TO THE SENTENCING
AMENDMENT (COMMUNITY CORRECTION REFORM)
ACT 2011
71
Bond condition
35
36
37
38
38
38
38
39
39
39
40
42
42
PART 9—AMENDMENTS TO THE SUPREME COURT
ACT 1986
72
31
31
31
31
32
32
33
34
34
New section 24G inserted
24G
Protection of assessors
44
44
44
PART 10—CONSEQUENTIAL AND OTHER AMENDMENTS
45
Division 1—Criminal Procedure Act 2009
45
73
74
Definitions
Limitations on sentencing in absence of accused
Division 2—Infringements Act 2006
75
Powers of the Court
45
45
45
45
iv
Section
Page
Division 3—Justice Legislation Amendment (Infringement
Offences) Act 2011
76
77
Amendment of commencement provision
Amendment of repeal provision
Division 4—Sex Offenders Registration Act 2004
78
Definitions
Compensation
46
47
47
PART 11—REPEAL OF AMENDING ACT
80
46
46
46
Division 5—Summary Offences Act 1966
79
46
Repeal of amending Act
═══════════════
ENDNOTES
48
48
49
v
Victoria
Courts and Sentencing Legislation
Amendment Act 2012†
No. 26 of 2012
[Assented to 29 May 2012]
The Parliament of Victoria enacts:
PART 1—PRELIMINARY
1 Purposes
The main purposes of this Act are—
(a) to make miscellaneous amendments to the
following Acts to improve their operation
and for other purposes—
(i) the Children, Youth and Families Act
2005;
(ii) the County Court Act 1958;
1
Courts and Sentencing Legislation Amendment Act 2012
No. 26 of 2012
s. 2
Part 1—Preliminary
(iii) the Judicial College of Victoria Act
2001;
(iv) the Juries Act 2000;
(v) the Magistrates' Court Act 1989;
(vi) the Supreme Court Act 1986; and
(b) to amend the Justice Legislation
Amendment (Infringement Offences) Act
2011 to provide for the continuation of
certain offences as infringement offences for
a further 2 years; and
(c) to amend the Sentencing Act 1991—
(i) to make further provision for fine
conversion orders and fine default
unpaid community work orders; and
(ii) to further provide for procedures for
bringing a proceeding for contravention
of a sentence; and
(iii) to provide for other matters in that Act;
and
(d) to amend the Sentencing Amendment
(Community Correction Reform) Act
2011 to further provide for the bond
condition of a community correction order;
and
(e) to make minor and consequential
amendments to other Acts.
2 Commencement
(1) This Part, Part 4 and Division 3 of Part 10 come
into operation on the day after the day on which
the Act receives the Royal Assent.
(2) Subject to subsection (3), the remaining
provisions of this Act come into operation on a
day or days to be proclaimed.
2
Courts and Sentencing Legislation Amendment Act 2012
No. 26 of 2012
Part 1—Preliminary
(3) If a provision of this Act referred to in subsection
(2) does not come into operation before
1 November 2012, it comes into operation on that
day.
__________________
3
s. 2
Courts and Sentencing Legislation Amendment Act 2012
No. 26 of 2012
s. 3
Part 2—Amendments to the Children, Youth and Families Act 2005
PART 2—AMENDMENTS TO THE CHILDREN, YOUTH AND
FAMILIES ACT 2005
3 Child in custody to be brought before Court or bail
justice
See:
Act No.
96/2005.
Reprint No. 3
as at
1 January
2011
and
amending
Act Nos
51/2006,
53/2010,
27/2011,
29/2011,
54/2011 and
80/2011.
LawToday:
www.
legislation.
vic.gov.au
(1) In section 346(3)(b) of the Children, Youth and
Families Act 2005 after "21" insert "clear".
(2) In section 346(5) of the Children, Youth and
Families Act 2005 after "21" insert "clear".
4 Breach of bail
In section 348 of the Children, Youth and
Families Act 2005, after "21" insert "clear".
5 Breach of probation
(1) In section 384(3)(b)(i) of the Children, Youth
and Families Act 2005, after "office of
magistrate" insert "or it is otherwise impracticable
for the first-mentioned magistrate to constitute the
Court".
(2) Section 384(4) of the Children, Youth and
Families Act 2005 is repealed.
6 Breach of youth supervision order
(1) In section 392(3)(b)(i) of the Children, Youth
and Families Act 2005 after "office of
magistrate" insert "or it is otherwise impracticable
for the first-mentioned magistrate to constitute the
Court".
4
Courts and Sentencing Legislation Amendment Act 2012
No. 26 of 2012
Part 2—Amendments to the Children, Youth and Families Act 2005
(2) Section 392(4) of the Children, Youth and
Families Act 2005 is repealed.
7 Breach of youth attendance order
(1) In section 408(7)(b)(i) of the Children, Youth
and Families Act 2005 after "office of
magistrate" insert "or it is otherwise impracticable
for the first-mentioned magistrate to constitute the
Court".
(2) Section 408(8) of the Children, Youth and
Families Act 2005 is repealed.
8 Jurisdiction of Koori Court (Criminal Division)
(1) In section 518(b) of the Children, Youth and
Families Act 2005, after "such a sentence" insert
", in the circumstances set out in section 518A".
(2) After section 518(b) of the Children, Youth and
Families Act 2005 insert—
"(ba) jurisdiction to deal with a breach of a
sentence imposed by the Children's Court
(including any offence constituted by such a
breach), or a variation of such a sentence, in
the circumstances set out in section 518A;
and".
9 New section 518A inserted
After section 518 of the Children, Youth and
Families Act 2005 insert—
"518A Circumstances in which Koori Court
(Criminal Division) may deal with breach
of a sentence imposed by it or by another
Division of the Children's Court
For the purposes of section 518(b) and (ba),
the circumstances are—
(a) the child is Aboriginal; and
5
s. 7
Courts and Sentencing Legislation Amendment Act 2012
No. 26 of 2012
s. 10
Part 2—Amendments to the Children, Youth and Families Act 2005
(b) the offence to which the sentence
relates is within the jurisdiction of the
Criminal Division, other than a sexual
offence as defined in section 6B(1) of
the Sentencing Act 1991; and
(c) in the case of an offence constituted by
a breach of a sentence referred to in
section 518(b) or (ba), the child—
(i) intends to plead guilty to the
offence; or
(ii) pleads guilty to the offence; or
(iii) has been found guilty of the
offence by the Criminal Division;
and
(d) the child consents to the proceeding
being dealt with by the Koori Court
(Criminal Division).".
10 Circumstances in which a child may be taken into
safe custody
In section 598(3) of the Children, Youth and
Families Act 2005, after "the member of the
police force who executed the warrant" insert
"or another member of the police force".
11 New sections 620 and 621 inserted
After section 619 of the Children, Youth and
Families Act 2005 insert—
"620 Transitional provision—Courts and
Sentencing Legislation Amendment Act
2012
Despite the commencement of sections 3
and 4 of the Courts and Sentencing
Legislation Amendment Act 2012, an order
made and in force under section 346 or 348
immediately before that commencement
6
Courts and Sentencing Legislation Amendment Act 2012
No. 26 of 2012
Part 2—Amendments to the Children, Youth and Families Act 2005
continues in force on and from that
commencement as if sections 346 and 348
had not been amended by sections 3 and 4 of
that Act.
621 Transitional provision—Courts and
Sentencing Legislation Amendment Act
2012
This Act as amended by sections 8 and 9 of
the Courts and Sentencing Legislation
Amendment Act 2012 applies to a
proceeding for an offence or a breach of
sentence (including any offence constituted
by such a breach) irrespective of whether the
offence or breach is alleged to have been
committed, or the sentence was imposed,
before or on or after the commencement of
those sections.".
12 Schedule 3 amended—CAYPINS
In clause 2 of Schedule 3 to the Children, Youth
and Families Act 2005 for the definition of
registrar substitute—
"registrar means principal registrar or registrar.".
__________________
7
s. 12
Courts and Sentencing Legislation Amendment Act 2012
No. 26 of 2012
s. 13
Part 3—Amendments to the County Court Act 1958
PART 3—AMENDMENTS TO THE COUNTY COURT ACT
1958
13 Jurisdiction of Koori Court Division
See:
Act No. 6230.
Reprint No. 14
as at
1 August 2010
and
amending
Act Nos
34/2010,
47/2010,
64/2010,
50/2011 and
65/2011.
LawToday:
www.
legislation.
vic.gov.au
(1) In section 4B(b) of the County Court Act 1958—
(a) for "breach" (wherever occurring) substitute
"contravention";
(b) after "such a sentence" insert ", in the
circumstances set out in section 4DA".
(2) After section 4B(b) of the County Court Act
1958 insert—
"(ba) jurisdiction to deal with a contravention of a
sentence imposed by the County Court
(including any offence constituted by such a
contravention), or a variation of such a
sentence, in the circumstances set out in
section 4DA; and".
14 Dealing with proceedings for certain offences
In section 4C of the County Court Act 1958, for
"breach" substitute "contravention".
15 New section 4DA inserted
After section 4D of the County Court Act 1958
insert—
"4DA Circumstances in which Koori Court
Division may deal with contravention of a
sentence imposed by it or by another
Division of the County Court
For the purposes of sections 4B(b) and (ba),
the circumstances are—
(a) the accused is Aboriginal; and
(b) the offence to which the sentence
relates is within the jurisdiction of the
County Court, other than—
8
Courts and Sentencing Legislation Amendment Act 2012
No. 26 of 2012
Part 3—Amendments to the County Court Act 1958
(i) a sexual offence as defined in
section 6B(1) of the Sentencing
Act 1991; or
(ii) a contravention of a family
violence intervention order or a
family violence safety notice
under the Family Violence
Protection Act 2008 or an
offence arising out of the same
conduct as that from which the
contravention arose; and
(c) in the case of an offence constituted by
a contravention of a sentence referred
to in section 4B(b) or (ba), the accused
pleads guilty to the offence; and
(d) the accused consents to the proceeding
being dealt with by the Koori Court
Division; and
(e) the Koori Court Division considers that
it is appropriate in all the circumstances
that the proceeding be dealt with by it.".
16 New section 48CA inserted
After section 48C of the County Court Act 1958
insert—
"48CA Protection of assessors
An assessor called in for assistance in a
proceeding under section 48A has, in the
performance of his or her duties as an
assessor in the proceeding, the same
protection and immunity as a judge of the
Court has in the performance of his or her
duties as a judge.".
9
s. 16
Courts and Sentencing Legislation Amendment Act 2012
No. 26 of 2012
s. 17
Part 3—Amendments to the County Court Act 1958
17 New section 95 inserted
After section 94 of the County Court Act 1958
insert—
"95 Transitional provision—Courts and
Sentencing Legislation Amendment Act
2012
This Act, as amended by sections 13 and 15
of the Courts and Sentencing Legislation
Amendment Act 2012, applies to a
proceeding for an offence or a contravention
of sentence irrespective of whether the
offence or contravention is alleged to have
been committed, or the sentence was
imposed, before or on or after the
commencement of those sections.".
__________________
10
Courts and Sentencing Legislation Amendment Act 2012
No. 26 of 2012
Part 4—Amendments to the Judicial College of Victoria Act 2001
s. 18
PART 4—AMENDMENTS TO THE JUDICIAL COLLEGE OF
VICTORIA ACT 2001
18 Definitions
In section 3 of the Judicial College of Victoria
Act 2001, in the definition of judicial officer—
(a) in paragraph (a) for "or an Associate Judge"
substitute ", an Associate Judge or a judicial
registrar";
(b) in paragraph (b) for "or an associate judge"
substitute ", an associate judge or a judicial
registrar";
(c) in paragraph (c) after "or a magistrate" insert
"or a judicial registrar";
(d) for paragraph (d) substitute—
"(d) a coroner within the meaning of the
Coroners Act 2008 or a judicial
registrar of the Coroners Court; or".
__________________
11
See:
Act No.
20/2001.
Reprint No. 1
as at
10 May 2007
and
amending
Act No.
24/2008.
LawToday:
www.
legislation.
vic.gov.au
Courts and Sentencing Legislation Amendment Act 2012
No. 26 of 2012
s. 19
Part 5—Amendment to the Juries Act 2000
PART 5—AMENDMENT TO THE JURIES ACT 2000
19 Jury pools
See:
Act No.
53/2000.
Reprint No. 2
as at
16 July 2007
and
amending
Act Nos
38/2008,
68/2009,
69/2009,
9/2010,
13/2010,
29/2010,
65/2011,
66/2011 and
70/2011.
LawToday:
www.
legislation.
vic.gov.au
After section 29(3) of the Juries Act 2000
insert—
"(3A) Without limiting subsection (3), the Juries
Commissioner may also cause to be prepared
a document bearing a number that identifies
the person and the occupation of the
person.".
20 Selection of panels
In section 30(4) of the Juries Act 2000 omit
", and the names of the persons constituting the
panel must be delivered to that person".
21 Information for panel
In section 32(4) of the Juries Act 2000, after
"the jury pool" insert "at the completion of the
swearing in of the jury,".
__________________
12
Courts and Sentencing Legislation Amendment Act 2012
No. 26 of 2012
Part 6—Amendments to the Magistrates' Court Act 1989
s. 22
PART 6—AMENDMENTS TO THE MAGISTRATES' COURT
ACT 1989
22 Jurisdiction of Koori Court Division
(1) In section 4E(b) of the Magistrates' Court Act
1989—
(a) for "breach" (wherever occurring) substitute
"contravention"; and
(b) after "such a sentence" insert ", in the
circumstances set out in section 4EA".
(2) After section 4E(b) of the Magistrates' Court
Act 1989 insert—
"(ba) jurisdiction to deal with a contravention of a
sentence imposed by the Magistrates' Court
(including any offence constituted by such a
contravention), or variation of such a
sentence, in the circumstances set out in
section 4EA; and".
23 New section 4EA inserted
After section 4E of the Magistrates' Court Act
1989 insert—
"4EA Circumstances in which Koori Court
Division may deal with contravention of a
sentence imposed by another Division of
the Magistrates' Court
For the purposes of sections 4E(b) and (ba),
the circumstances are—
(a) the accused is Aboriginal; and
(b) the offence to which the sentence
relates is within the jurisdiction of the
Magistrates' Court, other than—
(i) a sexual offence as defined in
section 6B(1) of the Sentencing
Act 1991; or
13
See:
Act No.
51/1989.
Reprint No. 16
as at
1 January
2012
and
amending
Act Nos
51/2006,
52/2008,
12/2010 and
65/2011.
LawToday:
www.
legislation.
vic.gov.au
Courts and Sentencing Legislation Amendment Act 2012
No. 26 of 2012
s. 24
Part 6—Amendments to the Magistrates' Court Act 1989
(ii) a contravention of a family
violence intervention order or a
family violence safety notice
under the Family Violence
Protection Act 2008 or an
offence arising out of the same
conduct as that from which the
contravention arose; or
(iii) a contravention of a personal
safety intervention order under the
Personal Safety Intervention
Orders Act 2010 or an offence
arising out of the same conduct as
that out of which the
contravention arose; and
(c) in the case of an offence constituted by
a contravention of a sentence referred
to in section 4E(b) or (ba), the
accused—
(i) intends to plead guilty to the
offence; or
(ii) pleads guilty to the offence; or
(iii) intends to consent to the
adjournment, under section 59 of
the Criminal Procedure Act
2009, of the proceeding to enable
the accused to participate in a
diversion program; and
(d) the accused consents to the proceeding
being dealt with by the Koori Court
Division.".
24 Circumstances in which the Koori Court Division
may deal with certain offences
In section 4F(1) of the Magistrates' Court Act
1989, for "breach" substitute "contravention".
14
Courts and Sentencing Legislation Amendment Act 2012
No. 26 of 2012
Part 6—Amendments to the Magistrates' Court Act 1989
25 Schedule 8 amended
In Schedule 8 to the Magistrates' Court Act
1989, after clause 46 insert—
"48 Transitional provisions—Courts and
Sentencing Legislation Amendment Act
2012
This Act as amended by sections 22 and 23
of the Courts and Sentencing Legislation
Amendment Act 2012 applies to a
proceeding for an offence or a contravention
of sentence (including any offence
constituted by such a contravention)
irrespective of whether the offence or
contravention is alleged to have been
committed, or the sentence was imposed,
before or on or after the commencement of
those sections.".
__________________
15
s. 25
Courts and Sentencing Legislation Amendment Act 2012
No. 26 of 2012
s. 26
Part 7—Amendments to the Sentencing Act 1991
PART 7—AMENDMENTS TO THE SENTENCING ACT 1991
26 Purposes
See:
Act No.
49/1991.
Reprint No. 13
as at
17 February
2012
and
amending
Act No.
68/2010.
LawToday:
www.
legislation.
vic.gov.au
In section 1(c)(ii) of the Sentencing Act 1991,
after "breach" insert "or contravene".
27 Definitions
(1) In section 3(1) of the Sentencing Act 1991 insert
the following definition—
"community correction order means an order
made under Part 3A;".
(2) In section 3(1) of the Sentencing Act 1991, the
definition of contravention summons is repealed.
(3) In section 3(1) of the Sentencing Act 1991, in the
definition of fine conversion order after "section
55(1)(d)" insert "or (3)".
(4) In section 3(1) of the Sentencing Act 1991, in the
definition of fine default unpaid community work
order for "or section 62A" substitute ", 62A or
64(4)".
(5) In section 3(1) of the Sentencing Act 1991, in the
definition of instalment order—
(a) omit "Division 1 of";
(b) for "that Division" substitute "that Part".
16
Courts and Sentencing Legislation Amendment Act 2012
No. 26 of 2012
Part 7—Amendments to the Sentencing Act 1991
(6) In section 3(1) of the Sentencing Act 1991, in the
definition of Regional Manager after
paragraph (b) insert—
"(ba) a fine conversion order; or".
28 Time held in custody before trial etc. to be deducted
from sentence
In section 18(1) of the Sentencing Act 1991, for
"section 31" (wherever occurring) substitute
"section 83AR".
29 New section 18ZT inserted
After section 18ZS of the Sentencing Act 1991
insert—
"18ZT Order made by Court of Appeal
For the purposes of any proceeding under
this Subdivision—
(a) a drug treatment 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 Subdivision apply as if the court
from which the appeal was made were
the sentencing court.".
30 Suspended sentence of imprisonment
(1) In section 27(1A)(b) of the Sentencing Act 1991,
for "breached" substitute "contravened".
17
s. 28
Courts and Sentencing Legislation Amendment Act 2012
No. 26 of 2012
s. 31
Part 7—Amendments to the Sentencing Act 1991
(2) For section 27(9) of the Sentencing Act 1991
substitute—
"(9) For the purposes of any proceeding under
this Subdivision or Division 2 of Part 3C—
(a) a suspended sentence of imprisonment
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 Subdivision or Division 2 of
Part 3C apply as if the court from
which the appeal was made were the
sentencing court.".
31 Unpaid community work where there are several
orders
For section 42 of the Sentencing Act 1991
substitute—
"42 Concurrent unpaid community work
where there are several orders
(1) The number of hours of unpaid community
work required to be performed under a fines
order must, unless otherwise directed by the
court, be performed concurrently with any
hours of unpaid community work required to
be performed under any community
correction order that is in force in respect of
the offender whether the community
correction order is made before or at the
same time as the fines order.
(2) In this section, fines order means a fine
conversion order or fine default unpaid
community work order.".
18
Courts and Sentencing Legislation Amendment Act 2012
No. 26 of 2012
Part 7—Amendments to the Sentencing Act 1991
32 Terms of a community correction order
After section 45(1)(a) of the Sentencing Act 1991
insert—
"(ab) the offender must comply with any
obligation or requirement prescribed by the
regulations;".
33 Court may attach conditions
In section 47(2)(b) of the Sentencing Act 1991,
for "Division 3 of Part 3B" substitute "Division 2
of Part 3BA".
34 Residual condition
In section 48(2) of the Sentencing Act 1991, for
"Division 3 of Part 3B" substitute "Division 2 of
Part 3BA".
35 Unpaid community work condition
In section 48C(6) of the Sentencing Act 1991, for
"an activity" substitute "unpaid community
work".
36 Application for variation etc. of a community
correction order
(1) For section 48N(2)(b) of the Sentencing Act 1991
substitute—
"(b) if the sentencing court was—
(i) the Magistrates' Court, to the informant
or police prosecutor; or
(ii) the Supreme Court or the County
Court, to the Director of Public
Prosecutions; and".
(2) Section 48N(2)(c) of the Sentencing Act 1991 is
repealed.
19
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Courts and Sentencing Legislation Amendment Act 2012
No. 26 of 2012
s. 37
Part 7—Amendments to the Sentencing Act 1991
37 Order made by Court of Appeal
For section 48Q of the Sentencing Act 1991
substitute—
"48Q Order made by Court of Appeal
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.".
38 Heading to Part 3B amended
In the heading to Part 3B of the Sentencing Act
1991, for "OTHER ORDERS" substitute
"FINES".
39 Amount of fine where no amount prescribed
In section 52 of the Sentencing Act 1991, for
"(3)(a)" substitute "(3)".
40 New Division heading inserted
After section 52 of the Sentencing Act 1991
insert—
"Division 2—Fines—instalment orders, time to
pay orders and variation orders".
41 Application by person fined
(1) In section 55(1)(d) of the Sentencing Act 1991,
for "Regional Manager" substitute "Secretary".
(2) In section 55(3) of the Sentencing Act 1991, for
"Regional Manager" substitute "Secretary".
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Part 7—Amendments to the Sentencing Act 1991
42 Section 57 repealed
Section 57 of the Sentencing Act 1991 is
repealed.
43 Section 58 repealed
Section 58 of the Sentencing Act 1991 is
repealed.
44 Section 59 repealed
Section 59 of the Sentencing Act 1991 is
repealed.
45 Section 60 repealed
Section 60 of the Sentencing Act 1991 is
repealed.
46 New Division heading and new section 61A inserted
After section 61 of the Sentencing Act 1991
insert—
"Division 3—Fines—unpaid community work,
default and imprisonment
61A Terms of a fine conversion order
(1) The following terms are attached to each fine
conversion order—
(a) the offender must not commit, whether
in or outside Victoria, during the period
of the order, an offence punishable by
imprisonment;
(b) the offender must comply with any
obligation or requirement prescribed by
the regulations;
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s. 47
Part 7—Amendments to the Sentencing Act 1991
(c) the offender must report to, and receive
visits from the Secretary during the
period of the order;
(d) the offender must report to the
community corrections centre specified
in the order within 2 clear working days
after the order comes into force;
(e) the offender must notify the Secretary
of any change of address or
employment within 2 clear working
days after the change;
(f) the offender must not leave Victoria
except with the permission, either
generally or in relation to a particular
case, of the Secretary;
(g) the offender must comply with any
direction given by the Secretary that it
is necessary for the Secretary to give to
ensure that the offender complies with
the order.
(2) A direction may be given by the Secretary
under subsection (1)(g) either orally or in
writing.".
47 Enforcement of fines against natural persons
In section 62(10)(a) of the Sentencing Act 1991,
for "Regional Manager" substitute "Secretary".
48 Power to make fine default unpaid community work
order
In section 62A of the Sentencing Act 1991, for
"Regional Manager" substitute "Secretary".
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Part 7—Amendments to the Sentencing Act 1991
49 New section 62B inserted
After section 62A of the Sentencing Act 1991
insert—
"62B Terms of a fine default unpaid community
work order
(1) The following terms are attached to each fine
default unpaid community work order—
(a) the offender must not commit, whether
in or outside Victoria, during the period
of the order, an offence punishable by
imprisonment;
(b) the offender must comply with any
obligation or requirement prescribed by
the regulations;
(c) the offender must report to, and receive
visits from the Secretary during the
period of the order;
(d) the offender must report to the
community corrections centre specified
in the order within 2 clear working days
after the order comes into force;
(e) the offender must notify the Secretary
of any change of address or
employment within 2 clear working
days after the change;
(f) the offender must not leave Victoria
except with the permission, either
generally or in relation to a particular
case, of the Secretary;
(g) the offender must comply with any
direction given by the Secretary that is
necessary for the Secretary to give to
ensure that the offender complies with
the order.
23
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s. 50
Part 7—Amendments to the Sentencing Act 1991
(2) A direction may be given by the Secretary
under subsection (1)(g) either orally or in
writing.".
50 New sections inserted after section 63
After section 63 of the Sentencing Act 1991
insert—
"63AA Period of unpaid community work to be
performed
(1) The number of hours ordered by the court
that an offender must perform unpaid
community work as specified in an item in
column 1 of the Table to this subsection may
be performed over a period that is equal to or
less than the period specified opposite the
number of hours in the item in column 2 of
the Table.
TABLE
Item
Column 1
Column 2
Hours of unpaid
community work
Maximum period
of order
1
376 to 500
24 months
2
251 to 375
18 months
3
126 to 250
12 months
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 fine conversion order or a fine
default unpaid community 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.
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Part 7—Amendments to the Sentencing Act 1991
(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.
(4) A fine conversion order or fine default
unpaid community work order, expires on
the satisfactory completion of the hours of
work that the court ordered that the offender
must perform.
63AB Cumulative unpaid community work
where there are several orders
(1) The number of hours of unpaid community
work required to be performed by an
offender under a fines 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 order that is in force in
respect of the offender, whether the other
fines 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 63AA.
(3) In this section, fines order means a fine
conversion order or fine default unpaid
community work order.
63AC Period of a fine conversion order or a fine
default unpaid community work order
(1) The period of a fine conversion order or a
fine default unpaid community work order is
the period determined by the court in
accordance with section 63AA.
25
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Courts and Sentencing Legislation Amendment Act 2012
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s. 50
Part 7—Amendments to the Sentencing Act 1991
(2) The court must fix the date on which a fine
conversion order or a fine default unpaid
community work order commences, which
must not be more than 3 months after the
order is made.
63AD Variation etc. of fine conversion order or
fine default unpaid community work
order
(1) On an application under section 63AE, the
court which made a fine conversion order or
a fine default unpaid community work order
may decide to deal with the order under
subsection (2), if the court is satisfied that—
(a) the circumstances of the offender have
materially altered since the order was
made and as a result the offender will
not be able to comply with the order; or
(b) the circumstances of the offender were
wrongly stated or were not accurately
presented to the court before the order
was made; or
(c) the offender no longer consents to the
order.
(2) If satisfied of a matter set out in subsection
(1), the court may decide to deal with the
order in one or more of the following
ways—
(a) by confirming the order or a part of the
order; or
(b) by cancelling the order and dealing
with the offender for the offence or
offences with respect to which the order
was made in any manner in which the
court could deal with the offender if it
had just found him or her guilty of that
offence or those offences; or
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Part 7—Amendments to the Sentencing Act 1991
(c) by cancelling the order and making no
further order in respect of the offence
or offences with respect to which the
order was originally made; or
(d) by varying the order.
(3) The court must make a decision under
subsection (2) on the basis of its assessment
of the extent to which the offender has
complied with the order.
63AE Application for variation etc. of a fine
conversion order or fine default unpaid
community work order
(1) An application for the court to deal with a
fine conversion order or fine default unpaid
community work order under section 63AD
may be made at any time while the order is
in force by—
(a) a prescribed person or a member of a
prescribed class of person; or
(b) the informant or police prosecutor
(if the sentencing court was the
Magistrates' Court); or
(c) the Director of Public Prosecutions; or
(d) the offender; or
(e) the Secretary.
(2) Notice of an application under subsection (1)
must be given—
(a) to the offender, if the application is not
made by the offender; and
(b) if the sentencing court was—
(i) the Magistrates' Court, to the
informant or police prosecutor; or
27
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Courts and Sentencing Legislation Amendment Act 2012
No. 26 of 2012
s. 51
Part 7—Amendments to the Sentencing Act 1991
(ii) the Supreme Court or the County
Court, to the Director of Public
Prosecutions; and
(c) any prescribed person or a member of
any prescribed class of person; and
(d) the Secretary.
(3) 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
hearing of the application.".
51 Warrant to seize property returned unsatisfied
In section 64(4) of the Sentencing Act 1991, for
"make a community-based order" substitute
"make a fine default unpaid community work
order".
52 New Division inserted
After section 64 of the Sentencing Act 1991
insert—
"Division 4—Miscellaneous matters
64A Suspension by Secretary
(1) The Secretary may suspend the operation of
a fine conversion order or fine default unpaid
community work order or any condition of
that order for a period.
(2) The Secretary may suspend an order or any
condition of the order under subsection (1)—
(a) if the offender is ill; or
(b) in other exceptional circumstances.
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No. 26 of 2012
Part 7—Amendments to the Sentencing Act 1991
(3) 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.
64B Secretary may direct offender to report at
another place or to another person
(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
fine conversion order or fine default unpaid
community work 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.".
53 New sections 66A to 66E inserted
After section 66 of the Sentencing Act 1991
insert—
"66A Notice of orders to be given
An order under this Part is not binding on an
offender if the offender has not been given
notice of it in the manner required by or
under this Part.
66B Oaths
A court, or a proper officer of a court, may
administer an oath for the purposes of
proceedings under this Part.
29
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Courts and Sentencing Legislation Amendment Act 2012
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s. 54
Part 7—Amendments to the Sentencing Act 1991
66C 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.
66D 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.
66E Order made by Court of Appeal
For the purposes of any proceeding under
this Part or Division 2 of Part 3C—
(a) a fine or a fine conversion order or fine
default unpaid community work 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.".
54 New Part heading inserted
After Division 1 of Part 3B of the Sentencing Act
1991 insert—
"__________________
PART 3BA—SENTENCES—OTHER ORDERS".
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Part 7—Amendments to the Sentencing Act 1991
55 Division 2 heading amended
In the heading to Division 2 of Part 3B of the
Sentencing Act 1991, for "Division 2" substitute
"Division 1".
56 Release on adjournment following conviction
In section 72(3) of the Sentencing Act 1991, for
"Division 3 of Part 3B" substitute "Division 2 of
Part 3BA".
57 Release on adjournment without conviction
In section 75(3) of the Sentencing Act 1991, for
"Division 3 of Part 3B" substitute "Division 2 of
Part 3BA".
58 Division 3 heading amended
In the heading to Division 3 of Part 3B of the
Sentencing Act 1991, for "Division 3" substitute
"Division 2".
59 Residential treatment order
In section 82AA(1)(a) of the Sentencing Act
1991, for "serious offence" substitute "serious
offence within the meaning of the definition of
serious offence in section 3(1)".
60 Division 4 heading amended
In the heading to Division 4 of Part 3B of the
Sentencing Act 1991, for "Division 4" substitute
"Division 3".
61 Division 2 heading amended
For the heading to Division 2 of Part 3C of the
Sentencing Act 1991 substitute—
"Division 2—Procedure for contravention
offence".
31
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Courts and Sentencing Legislation Amendment Act 2012
No. 26 of 2012
s. 62
Part 7—Amendments to the Sentencing Act 1991
62 Sections 83AG to 83AQ substituted
For sections 83AG to 83AQ of the Sentencing
Act 1991 substitute—
"83AG Commencement of a proceeding
(1) A proceeding for an offence under
section 83AB, 83AC, 83AD, 83AE or 83AF
is commenced by filing a charge-sheet in the
Magistrates' Court.
(2) A charge-sheet must be filed under
subsection (1) by—
(a) the Director of Public Prosecutions; or
(b) a crown prosecutor within the meaning
of the Criminal Procedure Act 2009;
or
(c) a member of staff of the Office of
Public Prosecutions who is a legal
practitioner; or
(d) a member of the police force; or
(e) a prescribed person; or
(f) a member of a prescribed class of
person; or
(g) the Secretary—
as the case requires.
(3) Subject to this Act, a proceeding commenced
under this Division is to be in accordance
with the provisions of and regulations and
rules made under—
(a) the Criminal Procedure Act 2009;
(b) the Bail Act 1977;
(c) the Magistrates' Court Act 1989—
with any necessary modifications, and in
particular with the modification that a
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Part 7—Amendments to the Sentencing Act 1991
reference to a person accused of an offence
or an accused person, is taken to be a
reference to the offender.
(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.
83AH Time for commencing a proceeding
(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.
33
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Courts and Sentencing Legislation Amendment Act 2012
No. 26 of 2012
s. 62
Part 7—Amendments to the Sentencing Act 1991
83AI Issue of summons or warrant to arrest
(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—
(a) at the proper venue of the Magistrates'
Court, if the order that is the subject of
the offence was made by the
Magistrates' Court; or
(b) at the Supreme Court or the County
Court, if the order that is the subject of
the offence was made by either court.
(2) A warrant to arrest issued for the purposes of
a proceeding commenced under
section 83AG for an offence under
section 83AB, 83AC or 83AD must—
(a) be issued in accordance with Part 4 of
the Magistrates' Court Act 1989; and
(b) authorise the person to whom it is
directed to bring the offender when
arrested before a bail justice or the
sentencing court to be dealt with
according to law.
83AJ Transfer of a proceeding
(1) If a proceeding is commenced under
section 83AG for an offence under
section 83AB, 83AC or 83AD, and the
Magistrates' Court did not make the order
that is the subject of the offence, the
Magistrates' Court must order that the
proceeding be transferred to the appropriate
venue of the sentencing court.
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Part 7—Amendments to the Sentencing Act 1991
(2) An order made under subsection (1) that
transfers a proceeding takes effect—
(a) if a summons has been issued under
section 83AI(1) on the filing of the
evidence of service of the summons in
the sentencing court; or
(b) if a warrant to arrest has been issued
under section 83AI(2) on the execution
of the warrant against the offender.
(3) The Magistrates' Court under subsection (1)
may be constituted by a proper officer of the
court.
(4) If a proceeding is transferred to the Supreme
Court or the County Court under subsection
(1) it may be heard and determined without a
jury and in accordance with Chapter 3 of the
Criminal Procedure Act 2009 subject to
any modifications as set out in the rules of
the court.
83AK Issue of warrant to arrest on failure to
comply with bail or summons
If a proceeding is transferred under
section 83AJ and an offender does not attend
before the sentencing court—
(a) in accordance with his or her
undertaking of bail; or
(b) in answer to a summons which has
been served—
the sentencing court may issue a warrant to
arrest the offender.
35
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Courts and Sentencing Legislation Amendment Act 2012
No. 26 of 2012
s. 62
Part 7—Amendments to the Sentencing Act 1991
83AL Process where offender before higher
court, orders of that court
(1) If in a proceeding before the Supreme Court
or the County Court (the relevant sentencing
court)—
(a) an offender is before the relevant
sentencing court and is convicted or
found guilty of the offence that is the
subject of the proceeding; and
(b) the conviction or finding of guilt
constitutes a contravention of an order
(the original order) under this Act
applying to the offender, in respect of
which a charge-sheet may be filed for
an offence under section 83AB, 83AC
or 83AD; and
(c) the original order was made by the
relevant sentencing court—
despite anything to the contrary in this
Division, the proceeding for the offence
under section 83AB, 83AC or 83AD may be
commenced by filing a charge-sheet in the
relevant sentencing court.
(2) If a charge-sheet is filed in the relevant
sentencing court under subsection (1) it must
be filed by—
(a) the Director of Public Prosecutions; or
(b) a crown prosecutor within the meaning
of the Criminal Procedure Act 2009;
or
(c) a member of staff of the Office of
Public Prosecutions who is a legal
practitioner; or
(d) a member of the police force; or
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Part 7—Amendments to the Sentencing Act 1991
(e) a prescribed person; or
(f) a member of a prescribed class of
person; or
(g) the Secretary—
as the case requires.
(3) The relevant sentencing court may hear and
determine the charge for the offence under
section 83AB, 83AC or 83AD without a jury
and in accordance with Chapter 3 of the
Criminal Procedure Act 2009, subject to
any modifications as set out in the rules of
the relevant sentencing court.
83AM Process where offender before higher
court, orders of Magistrates' Court
(1) If in a proceeding before the Supreme Court
or the County Court (the relevant sentencing
court)—
(a) an offender is before the relevant
sentencing court and is convicted or
found guilty of the offence that is the
subject of the proceeding; and
(b) the conviction or finding of guilt
constitutes a contravention of an order
(the original order) under this Act
applying to the offender, in respect of
which a charge-sheet may be filed for
an offence under section 83AB, 83AC
or 83AD; and
(c) the original order was made by the
Magistrates' Court—
despite anything to the contrary in this
Division, the relevant sentencing court may
proceed to hear and determine the
proceeding for the offence under
section 83AB, 83AC or 83AD as if it were
37
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Courts and Sentencing Legislation Amendment Act 2012
No. 26 of 2012
s. 63
Part 7—Amendments to the Sentencing Act 1991
an unrelated summary offence within the
meaning of section 243 of the Criminal
Procedure Act 2009.
(2) Section 243 of the Criminal Procedure Act
2009 applies to the proceeding for the
offence under section 83AB, 83AC
or 83AD—
(a) subject to any modifications as set out
in the rules of the relevant sentencing
court; and
(b) with any other necessary
modifications.".
63 Powers of court on finding of guilt for contravention
of order as to suspended sentence
Section 83AR(7) of the Sentencing Act 1991 is
repealed.
64 Provisions applying to a superannuation order
(1) In section 83H of the Sentencing Act 1991
omit "59,".
(2) In section 83H of the Sentencing Act 1991 for
"64 and 65" substitute "64, 65 and 66C".
65 Delegation
In section 115B(1)(a) of the Sentencing Act
1991, after "Part 3A" insert "or Part 3B".
66 Regulations
After section 116(1)(c) of the Sentencing Act
1991 insert—
"(ca) fine conversion orders or fine default unpaid
community work orders, including but not
limited to the commencement of those
orders, the matters to be specified in those
orders, the supply of copies of those orders
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Part 7—Amendments to the Sentencing Act 1991
to specified persons and the obligations of
persons subject to those orders; and".
67 Contravention—Old combined custody and
treatment orders
For clause 7(4)(a) of Schedule 3 to the
Sentencing Act 1991 substitute—
"(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".
68 Contravention—pre-existing home detention orders
For clause 8(4)(a) of Schedule 3 to the
Sentencing Act 1991 substitute—
"(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".
69 Contravention—Old intensive correction orders
For clause 9(4)(a) of Schedule 3 to the
Sentencing Act 1991 substitute—
"(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".
39
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Courts and Sentencing Legislation Amendment Act 2012
No. 26 of 2012
s. 70
Part 7—Amendments to the Sentencing Act 1991
70 Contravention—Old community-based orders
(1) After clause 10(1) of Schedule 3 to the
Sentencing Act 1991 insert—
"(1A) An offender who is subject to an old
community-based order (fines) must not,
unless that person has a reasonable excuse,
contravene that order.
Penalty: Level 10 fine.".
(2) After clause 10(2) of Schedule 3 to the
Sentencing Act 1991 insert—
"(2A) Subclause (1A) does not apply to a
contravention of an old community-based
order (fines) that occurs before the
commencement of section 70 of the Courts
and Sentencing Legislation Amendment
Act 2012.".
(3) In clause 10(3) of Schedule 3 to the Sentencing
Act 1991 for "subclause (1)" (wherever occurring)
substitute "subclause (1) or (1A)".
(4) After clause 10(3) of Schedule 3 to the
Sentencing Act 1991 insert—
'(3A) In addition to subclause (3) and subject to
subclause (4)—
(a) Part 3C applies to an offence under
subclause (1A) where an offender is
subject to an old community-based
order (fines) as if any reference in that
Part to an offence under section 83AD
were a reference to an offence under
subclause (1A); and
(b) section 63A(3) applies to an offence
under subclause (1A) as if in that
section a reference to a "fine
conversion order or a fine default
unpaid community work order" were a
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Part 7—Amendments to the Sentencing Act 1991
reference to an "old community-based
order (fines),".'.
(5) In clause 10(4) of Schedule 3 to the Sentencing
Act 1991 for "subclause (1)" substitute
"subclause (1) or (1A)".
(6) For clause 10(4)(a) of Schedule 3 to the
Sentencing Act 1991 substitute—
"(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".
(7) After clause 10(5) of Schedule 3 to the
Sentencing Act 1991 insert—
"(6) In this clause, old community-based order
(fines) means an old community-based order
made under Division 4 of Part 3 before the
commencement of section 70 of the Courts
and Sentencing Legislation Amendment
Act 2012.".
__________________
41
s. 70
Courts and Sentencing Legislation Amendment Act 2012
No. 26 of 2012
s. 71
Part 8—Amendments to the Sentencing Amendment (Community Correction
Reform) Act 2011
PART 8—AMENDMENTS TO THE SENTENCING
AMENDMENT (COMMUNITY CORRECTION REFORM)
ACT 2011
71 Bond condition
See:
Act No.
65/2011.
Statute Book:
www.
legislation.
vic.gov.au
(1) For section 48JA(4) of the Sentencing Act 1991,
as proposed to be inserted by section 58 of the
Sentencing Amendment (Community
Correction Reform) Act 2011 substitute—
"(4) Any money paid by an offender under
subsection (1)—
(a) must be paid to the court making the
order; and
(b) despite any provision to the contrary in
the Supreme Court Act 1986, the
County Court Act 1958 or the
Magistrates' Court Act 1989, must be
held on trust by the Crown in a trust
account established by the Minister
under section 23 of the Financial
Management Act 1994 until the
money is required to be repaid or
forfeited under this Act.".
(2) For section 48JA(5) of the Sentencing Act 1991,
as proposed to be inserted by section 58 of the
Sentencing Amendment (Community
Correction Reform) Act 2011 substitute—
"(5) If any interest is received from the
investment of any money paid by an offender
under subsection (1) the interest must be
credited to the Consolidated Fund, whether
or not any of the money is repaid to the
offender under this section.
42
Courts and Sentencing Legislation Amendment Act 2012
No. 26 of 2012
Part 8—Amendments to the Sentencing Amendment (Community Correction
Reform) Act 2011
(6) If money paid under subsection (1) is to be
repaid to an offender as a result of the
making of an order to cancel or vary or
otherwise deal with a community correction
order or bond condition under section
48M(2) or 83AS(1), the Crown must repay
the money to the offender within 7 days after
the order is made, unless the court orders a
longer period.
(7) The Crown must repay to the offender any
money paid under subsection (1), that is not
liable for forfeiture under section 83AS(4)
and that subsection (6) does not apply to—
(a) 3 months after the expiry of the order;
or
(b) if no later than 3 months after the
expiry of the order, the offender is
charged with an offence punishable by
imprisonment that was committed
during the period of the order, 7 days
after the proceeding is finalised—
whichever is the later.
(8) For the purposes of this section a proceeding
is finalised—
(a) after the final determination of the
charge by a court; or
(b) when the charge is withdrawn; or
(c) when the prosecution of the charge is
discontinued.
(9) All money forfeited to the Crown under
section 83AS(4) must be paid into the
Consolidated Fund.".
__________________
43
s. 71
Courts and Sentencing Legislation Amendment Act 2012
No. 26 of 2012
s. 72
Part 9—Amendments to the Supreme Court Act 1986
PART 9—AMENDMENTS TO THE SUPREME COURT
ACT 1986
72 New section 24G inserted
See:
Act No.
110/1986.
Reprint No. 7
as at
1 January
2011
and
amending
Act No.
50/2011.
LawToday:
www.
legislation.
vic.gov.au
After section 24F of the Supreme Court Act
1986 insert—
"24G Protection of assessors
An assessor called in for assistance in a
proceeding under section 77 has, in the
performance of his or her duties as an
assessor in the proceeding, the same
protection and immunity as a Judge of the
Court has in the performance of his or her
duties as a Judge.".
__________________
44
Courts and Sentencing Legislation Amendment Act 2012
No. 26 of 2012
Part 10—Consequential and Other Amendments
s. 73
PART 10—CONSEQUENTIAL AND OTHER AMENDMENTS
Division 1—Criminal Procedure Act 2009
73 Definitions
In section 3 of the Criminal Procedure Act 2009,
in the definition of sentence in paragraph (b) after
"3B," insert "3BA,".
See:
Act No.
7/2009.
Reprint No. 2
as at
18 March
2012
and
amending
Act No.
65/2010.
LawToday:
www.
legislation.
vic.gov.au
74 Limitations on sentencing in absence of accused
In section 87(2)(a) of the Criminal Procedure
Act 2009 omit "Division 1 of".
Division 2—Infringements Act 2006
75 Powers of the Court
In section 160(3)(e) of the Infringements Act
2006, for "Division 1" substitute "Division 3".
45
See:
Act No.
12/2006.
Reprint No. 3
as at
22 June 2011
and
amending
Act Nos
65/2010,
74/2010,
65/2011 and
71/2011.
LawToday:
www.
legislation.
vic.gov.au
Courts and Sentencing Legislation Amendment Act 2012
No. 26 of 2012
s. 76
Part 10—Consequential and Other Amendments
Division 3—Justice Legislation Amendment (Infringement
Offences) Act 2011
76 Amendment of commencement provision
In section 2(5) of the Justice Legislation
Amendment (Infringement Offences) Act 2011,
for "1 July 2012" substitute "1 July 2014".
77 Amendment of repeal provision
See:
Act No.
27/2011.
LawToday:
www.
legislation.
vic.gov.au
In section 10 of the Justice Legislation
Amendment (Infringement Offences) Act 2011,
for "1 July 2013" substitute "1 July 2015".
Division 4—Sex Offenders Registration Act 2004
78 Definitions
See:
Act No.
56/2004.
Reprint No. 3
as at
21 August
2008
and
amending
Act Nos
34/2008,
55/2009,
68/2009,
91/2009,
16/2010,
63/2010,
65/2011 and
80/2011.
LawToday:
www.
legislation.
vic.gov.au
In section 3 of the Sex Offenders Registration
Act 2004, in the definition of good behaviour
bond, for "Division 2 of Part 3B" substitute
"Division 1 of Part 3BA".
46
Courts and Sentencing Legislation Amendment Act 2012
No. 26 of 2012
Part 10—Consequential and Other Amendments
s. 79
Division 5—Summary Offences Act 1966
79 Compensation
In section 47 of the Summary Offences Act 1966
for "section 59" substitute "section 66C".
__________________
47
See:
Act No. 7405.
Reprint No. 10
as at
1 January
2009
and
amending
Act Nos
46/2008,
1/2009, 7/2009,
68/2009,
92/2009,
13/2010,
18/2010,
29/2010,
63/2010,
12/2011,
27/2011,
29/2011,
43/2011,
58/2011,
80/2011 and
5/2012.
LawToday:
www.
legislation.
vic.gov.au
Courts and Sentencing Legislation Amendment Act 2012
No. 26 of 2012
Part 11—Repeal of Amending Act
s. 80
PART 11—REPEAL OF AMENDING ACT
80 Repeal of amending Act
This Act is repealed on 1 November 2013.
Note
The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
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48
Courts and Sentencing Legislation Amendment Act 2012
No. 26 of 2012
Endnotes
ENDNOTES
†
Minister's second reading speech—
Legislative Assembly: 18 April 2012
Legislative Council: 3 May 2012
The long title for the Bill for this Act was "A Bill for an Act to amend the
Children, Youth and Families Act 2005, the County Court Act 1958,
the Criminal Procedure Act 2009, the Infringements Act 2006, the
Judicial College of Victoria Act 2001, the Juries Act 2000, the Justice
Legislation Amendment (Infringement Offences) Act 2011, the
Magistrates' Court Act 1989, the Sentencing Act 1991, the Sentencing
Amendment (Community Correction Reform) Act 2011, the Sex
Offenders Registration Act 2004, the Summary Offences Act 1966 and
the Supreme Court Act 1986 and for other purposes."
49