Crimes (Sentencing Procedure) Act 1999 (NSW)
Crimes Amendment (Intimate Image and Audio Material) Act 2025 No 57 (not commenced)
Local Court and Bail Legislation Amendment Act 2025 No 61, Sch 2.28 (not commenced)
Victims Rights and Victims of Crime Commissioner Act 2025 No 64 (not commenced)
Crimes Legislation Amendment (Racial and Religious Hatred Legislation Repeal) Bill 2025 [Non-government Bill— the Hon John Ruddick, MLC]
Road Transport Legislation Amendment (Post-Crash Drug and Alcohol Testing) Bill 2025
Crimes Legislation Amendment (Domestic Violence and Sexual Offences) Bill 2025
Statute Law (Miscellaneous Provisions) Bill (No 2) 2025
An Act to consolidate and amend the law with respect to the sentencing of offenders; and for other purposes.
This Act is the Crimes (Sentencing Procedure) Act 1999.
This Act commences on a day or days to be appointed by proclamation.
In this Act—
(a) to be in company with, or
(b) to communicate with by any means (including post, facsimile, telephone and email).
(a) the Supreme Court, the Court of Criminal Appeal, the Land and Environment Court, the Industrial Relations Commission, the District Court or the Local Court, or
(b) any other court that, or person who, exercises criminal jurisdiction,
but, subject to the Children (Criminal Proceedings) Act 1987, does not include the Children’s Court or any other court that, or person who, exercises the functions of the Children’s Court.
(a) when used as a noun, the penalty imposed for an offence, and
(b) when used as a verb, to impose a penalty for an offence.
The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
In this Act—
(a) a reference to a sentence of imprisonment to which an offender is subject includes a reference to a sentence that has been imposed but is yet to commence, and
(b) a reference to the term of a sentence of imprisonment is, if the term is varied under this or any other Act, a reference to the term as so varied, and
(c) a reference to a non-parole period of a sentence of imprisonment is, if the period is varied under this or any other Act, a reference to the period as so varied, and
(d) a reference to a court that has sentenced an offender, made an order or given a direction includes a reference to the same court differently constituted, and
(e) a reference to a condition that a person not commit any offence is a reference to any offence whether committed in New South Wales or in any other State or Territory, and
(f) a reference to an obligation that a person not commit any offence is a reference to any offence whether committed in New South Wales or in any other State or Territory.
Notes in the text of this Act do not form part of this Act.
The purposes for which a court may impose a sentence on an offender are as follows—
(a) to ensure that the offender is adequately punished for the offence,
(b) to prevent crime by deterring the offender and other persons from committing similar offences,
(c) to protect the community from the offender,
(d) to promote the rehabilitation of the offender,
(e) to make the offender accountable for his or her actions,
(f) to denounce the conduct of the offender,
(g) to recognise the harm done to the victim of the crime and the community.
The penalty to be imposed for an offence is to be the penalty provided by or under this or any other Act or law.
The penalty to be imposed for a statutory offence for which no penalty is so provided is imprisonment for 5 years.
Part 3 applies to the imposition of all penalties imposed by a court, whether under this Act or otherwise.
If a court finds a person guilty of a domestic violence offence, the court must impose on the person either—
(a) a sentence of full-time detention, or
(b) a supervised order.
However, the court is not required to impose either of those sentencing options if the court is satisfied that a different sentencing option is more appropriate in the circumstances and gives reasons for reaching that view.
For the purposes of this section, a
An intensive correction order must not be made in respect of—
(a) a sentence of imprisonment for a domestic violence offence, or
(b) an aggregate sentence of imprisonment for 2 or more offences, any 1 or more of which is a domestic violence offence,
unless the sentencing court is satisfied that the victim of the domestic violence offence, and any person with whom the offender is likely to reside, will be adequately protected (whether by conditions of the intensive correction order or for some other reason).
If the sentencing court finds a person guilty of a domestic violence offence, the court must not impose a home detention condition if the court reasonably believes that the offender will reside with the victim of the domestic violence offence.
Before making a community correction order or conditional release order in respect of a person whom the sentencing court finds guilty of a domestic violence offence, the court must consider the safety of the victim of the offence.
A court must not sentence an offender to imprisonment unless it is satisfied, having considered all possible alternatives, that no penalty other than imprisonment is appropriate.
A court that sentences an offender to imprisonment for 6 months or less must indicate to the offender, and make a record of, its reasons for doing so, including—
(a) its reasons for deciding that no penalty other than imprisonment is appropriate, and
(b) its reasons for deciding not to make an order allowing the offender to participate in an intervention program or other program for treatment or rehabilitation (if the offender has not previously participated in such a program in respect of the offence for which the court is sentencing the offender).
Subsection (2) does not limit any other requirement that a court has, apart from that subsection, to record the reasons for its decisions.
A sentence of imprisonment is not invalidated by a failure to comply with this section.
Part 4 applies to all sentences of imprisonment, including any sentence the subject of an intensive correction order.
The Drug Court may make an order under Part 2A of the Drug Court Act 1998 directing that an offender, who is an eligible convicted offender within the meaning of that Act, serve a sentence of imprisonment by way of compulsory drug treatment detention.
(Repealed)
A court that has sentenced an offender to imprisonment in respect of 1 or more offences may make an intensive correction order directing that the sentence or sentences be served by way of intensive correction in the community.
If the court makes an intensive correction order directing that a sentence of imprisonment be served by way of intensive correction in the community, the court is not to set a non-parole period for the sentence.
This section does not apply to an offender who is under the age of 18 years.
This section is subject to the provisions of Part 5.
Among other matters, Part 5 provides that a single offence cannot be the subject of an intensive correction order if the imprisonment imposed exceeds 2 years, and that multiple offences cannot be the subject of an intensive correction order or orders if the imprisonment imposed exceeds 3 years.
Instead of imposing a sentence of imprisonment on an offender, a court that has convicted a person of an offence may make a community correction order in relation to the offender.
A community service work condition must not be imposed on a community correction order made in relation to an offender to whom the Children (Community Service Orders) Act 1987 applies.
This section is subject to the provisions of Part 7.
Instead of imposing a sentence of imprisonment or a fine (or both) on an offender, a court that finds a person guilty of an offence may make a conditional release order discharging the offender, if—
(a) the court proceeds to conviction, or
(b) the court does not proceed to conviction but makes an order under section 10 (1) (b).
In deciding whether to make a conditional release order with a conviction, the sentencing court is to have regard to the following factors—
(a) the person’s character, antecedents, age, health and mental condition,
(b) whether the offence is of a trivial nature,
(c) the extenuating circumstances in which the offence was committed,
(d) any other matter that the court thinks proper to consider.
These factors are considered under section 10 in respect of an order under section 10 (1) (b) in connection with a conditional release order without a conviction.
To avoid doubt and without limitation—
(a) a fine and a conditional release order cannot be imposed in relation to the offender in respect of the same offence, and
(b) a conditional release order with a conviction may be made as an alternative to imposing a fine.
This section is subject to the provisions of Part 8.
Without proceeding to conviction, a court that finds a person guilty of an offence may make any one of the following orders—
(a) an order directing that the relevant charge be dismissed,
(b) an order discharging the person under a conditional release order (in which case the court proceeds to make a conditional release order under section 9),
(c) an order discharging the person on condition that the person enter into an agreement to participate in an intervention program and to comply with any intervention plan arising out of the program.
A reference in any legislation (including this Act) to an order under this section includes, in the case of an order under subsection (1) (b), a reference to a conditional release order made under section 9 pursuant to that paragraph.
An order referred to in subsection (1) (b) may be made if the court is satisfied—
(a) that it is inexpedient to inflict any punishment (other than nominal punishment) on the person, or
(b) that it is expedient to discharge the person under a conditional release order.
An order referred to in subsection (1) (c) may be made if the court is satisfied that it would reduce the likelihood of the person committing further offences by promoting the treatment or rehabilitation of the person.
Subsection (1) (c) is subject to Part 8C.
In deciding whether to make an order referred to in subsection (1), the court is to have regard to the following factors—
(a) the person’s character, antecedents, age, health and mental condition,
(b) the trivial nature of the offence,
(c) the extenuating circumstances in which the offence was committed,
(d) any other matter that the court thinks proper to consider.
An order under this section has the same effect as a conviction—
(a) for the purposes of any law with respect to the revesting or restoring of stolen property, and
(b) for the purpose of enabling a court to give directions for compensation under the Victims Rights and Support Act 2013, Part 6, and
(c) for the purpose of enabling a court to give orders with respect to the restitution or delivery of property or the payment of money in connection with the restitution or delivery of property.
Certain other Acts and regulations contain provisions to the effect that an order under this section made in respect of an offence is to be treated as a conviction for certain purposes of the legislation concerned. Accordingly, those provisions apply to an order under subsection (1) (b) in respect of the offence and a conditional release order made pursuant to that paragraph.
A person with respect to whom an order under this section is made has the same right to appeal on the ground that the person is not guilty of the offence as the person would have had if the person had been convicted of the offence.
A court that convicts an offender may dispose of the proceedings without imposing any other penalty.
Any such action is taken, for the purposes of the Crimes (Appeal and Review) Act 2001 and the Criminal Appeal Act 1912, to be a sentence passed by the court on the conviction of the offender.
The Crimes (Appeal and Review) Act 2001 and the Criminal Appeal Act 1912 provide for appeals against sentence, including (in some circumstances) by the prosecutor.
A court that finds a person guilty of an offence (whether or not it proceeds to conviction) may make an order adjourning proceedings against the offender to a specified date—
(a) for the purpose of assessing the offender’s capacity and prospects for rehabilitation, or
(b) for the purpose of allowing the offender to demonstrate that rehabilitation has taken place, or
(b1) for the purpose of assessing the offender’s capacity and prospects for participation in an intervention program, or
(b2) for the purpose of allowing the offender to participate in an intervention program, or
(c) for any other purpose the court considers appropriate in the circumstances.
Proceedings must not be adjourned under this section unless bail for the offence is or has been granted or dispensed with under the Bail Act 2013.
The maximum period for which proceedings may be adjourned under this section is 12 months from the date of the finding of guilt.
An order referred to in subsection (1) (b2) may be made if the court is satisfied that it would reduce the likelihood of the person committing further offences by promoting the treatment or rehabilitation of the person.
This section does not limit any power that a court has, apart from this section, to adjourn proceedings or to grant bail in relation to any period of adjournment.
Subsection (1) (b1) and (b2) do not limit the kinds of purposes for which an order may be made under subsection (1), so that an order may be made under that subsection for the purpose of allowing an offender to participate in a program for treatment or rehabilitation that is not an intervention program, or to be assessed for participation in such a program.
(Repealed)
(Repealed)
This section applies to all offences dealt with on indictment, other than offences for which the penalty that may be imposed (otherwise than under this section) includes a fine.
A court may impose a fine not exceeding 1,000 penalty units on an offender whom it convicts on indictment of an offence to which this section applies.
The fine may be imposed in addition to or instead of any other penalty that may be imposed for the offence.
If the penalty that may be imposed (otherwise than under this section) for an offence committed by a body corporate is a sentence of imprisonment only, a court may instead impose a fine not exceeding—
(a) 2,000 penalty units, in the case of the Supreme Court, the Court of Criminal Appeal, the Land and Environment Court, the Industrial Relations Commission or the District Court, or
(b) 100 penalty units, in any other case.
Unless the contrary intention appears, a reference in any Act or statutory rule to a number of penalty units (whether fractional or whole) is taken to be a reference to an amount of money equal to the amount obtained by multiplying $110 by that number of penalty units.
This section applies to any offence that is punishable by imprisonment for 6 months or more, whether or not the offence is also punishable by fine or to an aggregate sentence of imprisonment in respect of 2 or more offences any one of which is an offence to which this section applies.
When sentencing an offender for an offence to which this section applies, a court may make either or both of the following orders in respect of the offender—
(a) a non-association order, being an order prohibiting the offender from associating with a specified person for a specified term, or
(b) a place restriction order, being an order prohibiting the offender from frequenting or visiting a specified place or district for a specified term,
if it is satisfied that it is reasonably necessary to do so to ensure that the offender does not commit any further offences to which this section applies.
An order under subsection (2) (a) is to be one of the following—
(a) a limited non-association order, being an order prohibiting the offender from being in company with a specified person except at the times or in such circumstances (if any) as are specified,
(b) an unlimited non-association order, being an order prohibiting the offender—
(i) from being in company with a specified person, and
(ii) from communicating with that person by any means.
An order under subsection (2) (b) is to be one of the following—
(a) a limited place restriction order, being an order prohibiting the offender from frequenting or visiting a specified place or district except at the times or in such circumstances (if any) as are specified,
(b) an unlimited place restriction order, being an order prohibiting the offender from frequenting or visiting a specified place or district at any time or in any circumstance.
An order under this section is to be made in addition to, and not instead of, any other penalty for the offence, but may not be made if the only other penalty for the offence is an order under section 10 or 11.
The term of an order under this section is not limited by any term of imprisonment imposed for the offence, but must not exceed 12 months.
This section does not limit the kinds of prohibition or restriction that may be imposed on an offender by means of any other order or direction under this or any other Act, so that such an order or direction may include prohibitions of the kind referred to in subsections (2) and (3).
This section is subject to the provisions of Part 8A.
In this Division—
The purpose of an assessment report is to assist a sentencing court to determine the appropriate sentence options and conditions to impose on the offender during sentencing proceedings.
An assessment report is made by a community corrections officer or a juvenile justice officer.
The regulations may make provision for or with respect to matters to be addressed in, and the preparation and furnishing of, an assessment report.
Except as provided by section 17D—
(a) the sentencing court may request, but is not obliged to request, an assessment report on an offender, and
(b) such a request may be made at the following times only—
(i) after finding an offender guilty of an offence and before a sentence is imposed,
(ii) during sentencing proceedings after a sentence of imprisonment has been imposed on the offender,
(iii) during proceedings to impose, vary or revoke an additional or further condition on a community correction order or conditional release order that has been made in respect of the offender,
(iv) during proceedings to correct a sentencing error in accordance with section 43,
(v) during proceedings to re-sentence an offender after a court has revoked the offender’s community correction order or conditional release order,
(vi) during proceedings to determine an appeal against a sentence,
(vii) any other times prescribed by the regulations.
If a court refers an offender for assessment in relation to a sentence and a sentence of imprisonment has been imposed in respect of the offence concerned—
(a) the referral stays the execution of the sentence and the operation of section 48, and
(b) the offender is to be remanded in custody, or granted bail in accordance with the Bail Act 2013,
until the court decides whether or not to make an intensive correction order.
The sentencing court must not make an intensive correction order in respect of an offender unless it has obtained a relevant assessment report in relation to the offender.
However, the sentencing court is not required to obtain an assessment report (except if required under subsection (2) or (4)) if it is satisfied that there is sufficient information before it to justify the making of an intensive correction order without obtaining an assessment report.
The sentencing court must not impose a home detention condition on an intensive correction order unless it has obtained an assessment report relating to the imposition of such a condition in relation to the offender.
The sentencing court must not request an assessment report relating to the imposition of a home detention condition on an intensive correction order unless it has imposed a sentence of imprisonment on the offender for a specified term.
The sentencing court must not impose a community service work condition on an intensive correction order or community correction order unless it has obtained an assessment report relating to the imposition of such a condition in relation to the offender.
The assessment reports referred to in this section may be in the 1 report or in more than 1 report.
See also sections 73A (3) and 89 (4) regarding the imposition of home detention conditions and community service work conditions.
In this Division—
(a) intensive correction orders,
(b) community correction orders,
(c) conditional release orders.
Only 1 relevant order can be in force at the same time in respect of the same offence in relation to the same offender.
Subject to subsection (1), 2 or more relevant orders can be in force at the same time in respect of 2 or more offences in relation to the same offender.
For the purposes of subsection (1), an intensive correction order prevails over a community correction order, and a community correction order prevails over a conditional release order.
For the purposes of subsection (2) and subject to sections 17G and 17H, if there is an inconsistency as to how any conditions of the relevant orders operate together, then to the extent of the inconsistency—
(a) a condition of an intensive correction order prevails over a condition of a community correction order, and
(b) a condition of a community correction order prevails over a condition of a conditional release order, and
(c) despite paragraphs (a) and (b), a standard condition prevails over a condition that is not a standard condition.
A relevant order (the
(a) the number of hours of community service work to be performed under the new order, and
(b) the number of hours of community service work remaining to be performed under any other relevant order (an
existing order ),
exceeds 750 hours (if any one of the orders is an intensive correction order) or 500 hours (if all the orders are community correction orders).
Community service work conditions can be imposed on intensive correction orders and community correction orders, but cannot be imposed on conditional release orders.
In calculating the sum referred to in subsection (1), the hours of community service work to be performed under the new order are to be disregarded to the extent to which they run concurrently with those to be performed under any existing order.
The hours of community service work to be performed under the new order are taken to run concurrently with those to be performed under any existing order.
This section applies where 2 or more curfew conditions apply under 2 or more relevant orders in respect of the same period of 24 hours (the
Curfew conditions can be imposed on intensive correction orders and community correction orders, but cannot be imposed on conditional release orders.
If all the relevant orders are intensive correction orders, this section does not affect the curfew conditions.
If all the relevant orders are community correction orders, the following provisions apply—
(a) The offender cannot be required to observe a curfew in respect of more than 12 hours in the period of 24 hours. Any excess is to be disregarded.
(b) The offender is required in the period of 24 hours to observe only the curfew imposed by the 1 curfew condition that specifies more hours than the other or others.
If at least 1 of the relevant orders is an intensive correction order and at least 1 is a community correction order, the following provisions apply—
(a) This section does not affect any curfew condition imposed on an intensive correction order.
(b) The offender cannot be required, as a result of the curfew conditions imposed on the relevant orders, to observe a curfew in respect of more than the greater of—
(i) the hours required by curfew conditions imposed on the intensive correction order or intensive correction orders in the period of 24 hours, or
(ii) 12 hours in the period of 24 hours.
Any excess is to be disregarded.
(c) In determining the number of hours under 2 or more curfew conditions imposed on 2 or more community correction orders, regard is to be had only to the 1 curfew condition that specifies more hours than the other or others.
The regulations under the Crimes (Administration of Sentences) Act 1999 may make provision for or with respect to the manner of determining numbers of hours for the purposes of this section and any excess to be disregarded under this section.
Having made a relevant order in relation to an offender, the sentencing court must ensure that reasonable steps are taken to explain to the offender (in language that the offender can readily understand)—
(a) the offender’s obligations under the order, and
(b) the consequences that may follow if the offender fails to comply with those obligations.
A relevant order is not invalidated by a failure to comply with this section.
As soon as practicable after a relevant order is made, the registrar or another officer of the sentencing court must cause notice of the order to be given to the offender and to Corrective Services NSW.
The notice must include such information about the relevant order as may be prescribed by the regulations.
Notice of an order does not need to be given to Corrective Services NSW unless the order is subject to a supervision condition or a community service work condition.
A relevant order is not invalidated by a failure to comply with this section.
The penalty—
(a) specified at the end of a section of an Act (whether or not the section is divided into subsections), or
(b) specified at the end of a subsection of a section of an Act, but not at the end of the section, or
(c) specified at the end of a section of an Act or subsection of a section of an Act and expressed in such a way as to indicate that it applies to part only of the section or subsection,
indicates that a contravention of the section, subsection or part, respectively, is an offence against the Act, punishable on conviction by a penalty not exceeding the penalty so specified.
For the purposes of subsection (1), a penalty specified at the end of the last subsection of a section is taken not to be specified at the end of the section if a penalty is specified at the end of any previous subsection.
If—
(a) a section of an Act, or a subsection of a section of an Act, provides that a person is guilty of an offence under specified circumstances, and
(b) a penalty is specified at the end of the section or subsection and expressed in such a way as to indicate that it applies to the section or subsection,
a person who is guilty of such an offence is liable, on conviction, to a penalty not exceeding the penalty so specified.
This section applies to a statutory rule in the same way as it applies to an Act, subject to any necessary modification.
This section applies to a provision of an Act or statutory rule except in so far as the contrary intention appears in the Act or statutory rule concerned.
If an Act or statutory rule increases the penalty for an offence, the increased penalty applies only to offences committed after the commencement of the provision of the Act or statutory rule increasing the penalty.
If an Act or statutory rule reduces the penalty for an offence, the reduced penalty extends to offences committed before the commencement of the provision of the Act or statutory rule reducing the penalty, but the reduction does not affect any penalty imposed before that commencement.
In this section, a reference to a penalty includes a reference to a penalty that is expressed to be a maximum or minimum penalty.
If an act or omission constitutes—
(a) an offence under a law of New South Wales, and
(b) an offence under a law of the Commonwealth or of some other State or Territory,
and a penalty has been imposed on the offender in respect of the offence referred to in paragraph (b), the offender is not liable to any penalty in respect of the offence referred to in paragraph (a).
If by any provision of an Act an offender is made liable to imprisonment for life, a court may nevertheless impose a sentence of imprisonment for a specified term.
If by any provision of an Act or statutory rule an offender is made liable to imprisonment for a specified term, a court may nevertheless impose a sentence of imprisonment for a lesser term.
If by any provision of an Act or statutory rule an offender is made liable to a fine of a specified amount, a court may nevertheless impose a fine of a lesser amount.
The power conferred on a court by this section is not limited by any other provision of this Part.
This section does not limit any discretion that the court has, apart from this section, in relation to the imposition of penalties.
In determining the appropriate sentence for an offence, the court is to take into account the following matters—
(a) the aggravating factors referred to in subsection (2) that are relevant and known to the court,
(b) the mitigating factors referred to in subsection (3) that are relevant and known to the court,
(c) any other objective or subjective factor that affects the relative seriousness of the offence.
The matters referred to in this subsection are in addition to any other matters that are required or permitted to be taken into account by the court under any Act or rule of law.
The aggravating factors to be taken into account in determining the appropriate sentence for an offence are as follows—
(a) the victim was a police officer, emergency services worker, correctional officer, judicial officer, council law enforcement officer, health worker, teacher, community worker, or other public official, exercising public or community functions and the offence arose because of the victim’s occupation or voluntary work,
(b) the offence involved the actual or threatened use of violence,
(c) the offence involved the actual or threatened use of a weapon,
(ca) the offence involved the actual or threatened use of explosives or a chemical or biological agent,
(cb) the offence involved the offender causing the victim to take, inhale or be affected by a narcotic drug, alcohol or any other intoxicating substance,
(d) the offender has a record of previous convictions (particularly if the offender is being sentenced for a serious personal violence offence and has a record of previous convictions for serious personal violence offences),
(e) the offence was committed in company,
(ea) the offence was committed in the presence of a child under 18 years of age,
(eb) the offence was committed in the home of the victim or any other person,
(f) the offence involved gratuitous cruelty,
(g) the injury, emotional harm, loss or damage caused by the offence was substantial,
(h) the offence was partially or wholly motivated by hatred for or prejudice against a group of people to which the offender believed the victim belonged (such as people of a particular religion, racial or ethnic origin, language, gender identity, sexual orientation or age, or having particular variations of sex characteristics or a particular disability),
(i) the offence was committed without regard for public safety,
(ia) the actions of the offender were a risk to national security (within the meaning of the National Security Information (Criminal and Civil Proceedings) Act 2004 of the Commonwealth),
(ib) the offence involved a grave risk of death to another person or persons,
(j) the offence was committed while the offender was on conditional liberty in relation to an offence or alleged offence,
(k) the offender abused a position of trust or authority in relation to the victim,
(l) the victim was vulnerable, for example, because the victim was very young or very old or had a disability, because of the geographical isolation of the victim or because of the victim’s occupation (such as a person working at a hospital (other than a health worker), taxi driver, bus driver or other public transport worker, bank teller or service station attendant),
(m) the offence involved multiple victims or a series of criminal acts,
(n) the offence was part of a planned or organised criminal activity,
(o) the offence was committed for financial gain,
(p) without limiting paragraph (ea), the offence was a prescribed traffic offence and was committed while a child under 16 years of age was a passenger in the offender’s vehicle.
The court is not to have additional regard to any such aggravating factor in sentencing if it is an element of the offence.
The mitigating factors to be taken into account in determining the appropriate sentence for an offence are as follows—
(a) the injury, emotional harm, loss or damage caused by the offence was not substantial,
(b) the offence was not part of a planned or organised criminal activity,
(c) the offender was provoked by the victim,
(d) the offender was acting under duress,
(e) the offender does not have any record (or any significant record) of previous convictions,
(f) the offender was a person of good character,
(g) the offender is unlikely to re-offend,
(h) the offender has good prospects of rehabilitation, whether by reason of the offender’s age or otherwise,
(i) the remorse shown by the offender for the offence, but only if—
(i) the offender has provided evidence that he or she has accepted responsibility for his or her actions, and
(ii) the offender has acknowledged any injury, loss or damage caused by his or her actions or made reparation for such injury, loss or damage (or both),
(j) the offender was not fully aware of the consequences of his or her actions because of the offender’s age or any disability,
(k) a plea of guilty by the offender (as provided by section 22 or Division 1A),
(l) the degree of pre-trial disclosure by the defence (as provided by section 22A),
(m) assistance by the offender to law enforcement authorities (as provided by section 23),
(n) an offer to plead guilty to a different offence where the offer is not accepted, the offender did not plead guilty to the offence and the offender is subsequently found guilty of that offence or a reasonably equivalent offence (this circumstance, among others, is provided for by section 25E (1)).
The court is not to have regard to any such aggravating or mitigating factor in sentencing if it would be contrary to any Act or rule of law to do so.
The fact that any such aggravating or mitigating factor is relevant and known to the court does not require the court to increase or reduce the sentence for the offence.
In determining the appropriate sentence for a child sexual offence, the good character or lack of previous convictions of an offender is not to be taken into account as a mitigating factor if the court is satisfied that the factor concerned was of assistance to the offender in the commission of the offence.
In determining the appropriate sentence for an offence, the self-induced intoxication of the offender at the time the offence was committed is not to be taken into account as a mitigating factor.
Subsections (5A) and (5AA) have effect despite any Act or rule of law to the contrary.
For the purpose of subsection (2) (p), an offence under any of the following provisions is taken to have been committed while a child under 16 years of age was a passenger in the offender’s vehicle if the offence was part of a series of events that involved the driving of the vehicle while the child was a passenger in the vehicle—
(a) section 13 (2), 15 (4), 18B (2), 18D (2), 22 (2), 24D (1) or 29 (2) of the former Road Transport (Safety and Traffic Management) Act 1999,
(b) clause 16 (1) (a), (b) or (c), 17 (1) or 18 (1) of Schedule 3 to the Road Transport Act 2013.
In this section—
(a) an offence against section 61I, 61J, 61JA, 61K, 61KC, 61KD, 61KE, 61KF or 66F of the Crimes Act 1900 where the person against whom the offence was committed was then under the age of 16 years, or
(b) an offence against section 66A, 66B, 66C, 66D, 66DA, 66DB, 66DC, 66DD, 66DE, 66DF, 66EA, 66EB, 66EC, 91D, 91E, 91F, 91G or 91H of the Crimes Act 1900, or
(c) an offence against section 80D or 80E of the Crimes Act 1900 where the person against whom the offence was committed was then under the age of 16 years, or
(d) an offence against section 91J, 91K or 91L of the Crimes Act 1900 where the person who was being observed or filmed as referred to in those sections was then under the age of 16 years, or
(d1) an offence against a provision of the Crimes Act 1900 set out in Column 1 of Schedule 1A to that Act where the person against whom the offence was committed was then under the age of 16 years, or
(e) an offence of attempting, or of conspiracy or incitement, to commit an offence referred to in any of the above paragraphs, or
(f) an offence under a previous enactment that is substantially similar to an offence referred to in any of the above paragraphs.
(a) sections 9, 11B (1) and (3), 12 (1), 13 (2), 15 (4), 18B (2), 18D (2), 22 (2), 24D (1) and 29 (2) of the former Road Transport (Safety and Traffic Management) Act 1999,
(a1) sections 110, 111 (1) and (3) and 112 (1) of the Road Transport Act 2013 and clauses 16 (1) (a), (b) or (c), 17 (1) and 18 (1) of Schedule 3 to that Act,
(b) sections 51B (1) and 52A (1) (a) and (3) (a) of the Crimes Act 1900,
(c) section 52A (2) and (4) of the Crimes Act 1900 in the circumstances of aggravation referred to in section 52A (7) (a), (c) or (d) of that Act.
A court must sentence an offender in accordance with the sentencing patterns and practices at the time of sentencing.
However, the standard non-parole period for an offence is the standard non-parole period, if any, that applied at the time the offence was committed, not at the time of sentencing.
Despite subsection (1), a court may sentence an offender for an offence in accordance with the sentencing patterns and practices at the time the offence was committed if—
(a) the offence is not a child sexual offence, and
(b) the offender establishes that there are exceptional circumstances.
When varying or substituting a sentence, a court must vary or substitute the sentence in accordance with the sentencing patterns and practices at the time of the original sentencing.
This section does not affect section 19.
In this section—
In passing sentence for an offence on an offender who has pleaded guilty to the offence, a court must take into account—
(a) the fact that the offender has pleaded guilty, and
(b) when the offender pleaded guilty or indicated an intention to plead guilty, and
(c) the circumstances in which the offender indicated an intention to plead guilty,
and may accordingly impose a lesser penalty than it would otherwise have imposed.
A lesser penalty imposed under this section must not be unreasonably disproportionate to the nature and circumstances of the offence.
When passing sentence on such an offender, a court that does not impose a lesser penalty under this section must indicate to the offender, and make a record of, its reasons for not doing so.
Subsection (2) does not limit any other requirement that a court has, apart from that subsection, to record the reasons for its decisions.
The failure of a court to comply with this section does not invalidate any sentence imposed by the court.
This section applies only to a sentence for an offence that is dealt with summarily or to a sentence for an offence dealt with on indictment to which Division 1A does not apply.
Discounts for the utilitarian value of a guilty plea to other offences are provided for by Division 1A.
A court may impose a lesser penalty than it would otherwise impose on an offender who was tried on indictment having regard to the degree to which the administration of justice has been facilitated by the defence (whether by disclosures made pre-trial or during the trial or otherwise).
A lesser penalty that is imposed under this section in relation to an offence must not be unreasonably disproportionate to the nature and circumstances of the offence.
A court may impose a lesser penalty than it would otherwise impose on an offender, having regard to the degree to which the offender has assisted, or undertaken to assist, law enforcement authorities in the prevention, detection or investigation of, or in proceedings relating to, the offence concerned or any other offence.
In deciding whether to impose a lesser penalty for an offence and the nature and extent of the penalty it imposes, the court must consider the following matters—
(a) (Repealed)
(b) the significance and usefulness of the offender’s assistance to the authority or authorities concerned, taking into consideration any evaluation by the authority or authorities of the assistance rendered or undertaken to be rendered,
(c) the truthfulness, completeness and reliability of any information or evidence provided by the offender,
(d) the nature and extent of the offender’s assistance or promised assistance,
(e) the timeliness of the assistance or undertaking to assist,
(f) any benefits that the offender has gained or may gain by reason of the assistance or undertaking to assist,
(g) whether the offender will suffer harsher custodial conditions as a consequence of the assistance or undertaking to assist,
(h) any injury suffered by the offender or the offender’s family, or any danger or risk of injury to the offender or the offender’s family, resulting from the assistance or undertaking to assist,
(i) whether the assistance or promised assistance concerns the offence for which the offender is being sentenced or an unrelated offence,
(j) (Repealed)
A lesser penalty that is imposed under this section in relation to an offence must not be unreasonably disproportionate to the nature and circumstances of the offence.
A court that imposes a lesser penalty under this section on an offender because the offender has assisted, or undertaken to assist, law enforcement authorities must—
(a) indicate to the offender, and make a record of the fact, that the lesser penalty is being imposed for either or both of those reasons, and
(b) state the penalty that it would otherwise have imposed, and
(c) where the lesser penalty is being imposed for both reasons—state the amount by which the penalty has been reduced for each reason.
Subsection (4) does not limit any requirement that a court has, apart from that subsection, to record the reasons for its decisions.
The failure of a court to comply with the requirements of subsection (4) with respect to any sentence does not invalidate the sentence.
In sentencing an offender, the court must take into account—
(a) any time for which the offender has been held in custody in relation to the offence, and
(b) in the case of an offender who is being sentenced as a result of failing to comply with the offender’s obligations under a community correction order, conditional release order or intervention program order—
(i) the fact that the person has been the subject of such an order, and
(ii) anything done by the offender in compliance with the offender’s obligations under the order, and
(c) in the case of an offender who is being sentenced as a result of deciding not to participate in, or to continue to participate in, an intervention program or intervention plan under an intervention program order, anything done by the offender in compliance with the offender’s obligations under the intervention program order, and
(d) in the case of an offender who is being sentenced following an order under section 11 (1) (b2)—
(i) anything done by the offender in compliance with the offender’s obligations under the order, and
(ii) any recommendations arising out of the offender’s participation in the intervention program or intervention plan.
In sentencing an offender, the court must not take into account, as a mitigating factor in sentencing, the fact that the offender—
(a) has or may become a registrable person under the Child Protection (Offenders Registration) Act 2000 as a consequence of the offence, or
(b) has or may become the subject of an order under the Child Protection (Offenders Prohibition Orders) Act 2004, or
(c) as a consequence of being convicted of the offence, has become a disqualified person within the meaning of the Child Protection (Working with Children) Act 2012, or
(d) has or may become the subject of an order under the Crimes (High Risk Offenders) Act 2006, or
(e) has or may become the subject of an order under the Terrorism (High Risk Offenders) Act 2017.
This section has effect despite any Act or rule of law to the contrary.
In sentencing an offender, the court must not take into account, as a mitigating factor in sentencing, the consequences for the offender of any order of a court imposed because of the offence under confiscation or forfeiture legislation.
In this section—
(a) the Confiscation of Proceeds of Crime Act 1989,
(b) the Criminal Assets Recovery Act 1990,
(c) the Proceeds of Crime Act 2002 of the Commonwealth,
(d) any other law prescribed by the regulations for the purposes of this definition.
In sentencing an offender who is a member or former member of Parliament, the court must not take into account, as a mitigating factor in sentencing, the loss of the offender’s entitlement to a pension under the Parliamentary Contributory Superannuation Act 1971 because of the conviction for the offence.
The Local Court must not make any of the following orders with respect to an absent offender—
(a) an order imposing a sentence of imprisonment,
(b) an intensive correction order,
(c) (Repealed)
(d) a community correction order,
(e) a conditional release order,
(f) a non-association order or place restriction order,
(g) an intervention program order.
At any time after it finds an absent offender guilty of an offence or convicts an absent offender for an offence, the Local Court—
(a) may issue a warrant for the offender’s arrest, or
(b) may authorise an authorised officer to issue a warrant for the offender’s arrest,
for the purpose of having the offender brought before the Local Court for conviction and sentencing, or for sentencing, as the case requires.
In deciding whether to issue, or authorise an authorised officer to issue, a warrant for the arrest of an absent offender who has lodged a written plea in accordance with section 182 of the Criminal Procedure Act 1986 for the offence concerned, the Local Court must consider whether it is more appropriate to adjourn proceedings.
This section does not limit the power that any court other than the Local Court may have, apart from this section, to deal with an offender whom it has found guilty or convicted in his or her absence.
In this section—
(Repealed)
When sentencing an offender for a child sexual offence, a court must have regard to the trauma of sexual abuse on children as understood at the time of sentencing (which may include recent psychological research or the common experience of courts).
(Repealed)
In this section—
(a) an offence under a provision of Division 10, 10A, 10B, 15 or 15A of Part 3 of the Crimes Act 1900,
(b) an offence under a provision of that Act set out in Column 1 of Schedule 1A to that Act,
(c) an offence of attempting to commit any offence referred to in paragraph (a) or (b),
(d) an offence under a previous enactment that is substantially similar to an offence referred to in paragraphs (a)–(c).
This Division applies to a sentence for an offence that is dealt with on indictment, other than—
(a) an offence under a law of the Commonwealth, unless the regulations otherwise provide in the case of a particular offence or class of offences, or
(b) an offence committed by a person who was under the age of 18 years when the offence was committed and under the age of 21 years when charged before the court with the offence.
A court must not apply any other discount for the utilitarian value of a guilty plea to an offence to which this Division applies other than the discount provided for by this Division.
In this Division—
(a) if an offender was represented by an Australian legal practitioner in proceedings—
(i) a case conference certificate (including any later plea offer) filed in committal proceedings for the offence concerned under the Criminal Procedure Act 1986, or
(ii) any other document that records an offer made by the offender to plead guilty to an offence specified in the document, served on the prosecutor in proceedings for the offence—
(A) following committal for trial or sentence, or
(B) after an indictment containing a new count offence is filed, or
(b) if an offender was not represented in proceedings, any document served on the prosecutor in the proceedings that records an offer made by the offender to plead guilty to an offence specified in the document.
(a) an offence the subject of an ex officio indictment, or
(b) an offence for which the count is inserted in an indictment by amending the indictment (the
original indictment ).
In this Division—
For the purposes of this Division, an offender
In determining the sentence for an offence, the court is to apply a sentencing discount for the utilitarian value of a guilty plea in accordance with this section if the offender pleaded guilty to the offence at any time before being sentenced.
The discount for a guilty plea by an offender (other than an offender referred to in subsection (3) or (5) or section 25E) is as follows—
(a) a reduction of 25% in any sentence that would otherwise have been imposed, if the plea was accepted by the Magistrate in committal proceedings for the offence,
(b) a reduction of 10% in any sentence that would otherwise have been imposed, if the offender was committed for trial and the offender—
(i) pleaded guilty at least 14 days before the first day of the trial of the offender, or
(ii) complied with the pre-trial notice requirements and pleaded guilty at the first available opportunity able to be obtained by the offender,
(c) a reduction of 5% in any sentence that would otherwise have been imposed, if paragraph (a) or (b) does not apply.
The discount for a guilty plea by an offender in respect of a new count offence is as follows—
(a) a reduction of 25% in any sentence that would otherwise have been imposed, if an offer to plead guilty was made by the offender and recorded in a negotiations document as soon as practicable after the ex officio indictment was filed or the indictment was amended to include the new count,
(a1) a reduction of 25% in any sentence that would otherwise have been imposed, if—
(i) the offender was discharged under section 68(2)(a) of the Criminal Procedure Act 1986, and
(ii) an offer to plead guilty was made by the offender and recorded in a negotiations document as soon as practicable after the ex officio indictment was filed or the indictment was amended to include the new count,
(b) a reduction of 10% in any sentence that would otherwise have been imposed, if paragraph (a) or (a1) does not apply and the offender—
(i) pleaded guilty at least 14 days before the first day of the trial of the offender, or
(ii) complied with the pre-trial notice requirements and pleaded guilty to the offence at the first available opportunity able to be obtained by the offender,
(c) a reduction of 5% in any sentence that would otherwise have been imposed, if paragraph (a), (a1) or (b) does not apply.
However, the discount in subsection (3) (a) does not apply if—
(a) the facts or evidence that establish the elements of the new count offence are substantially the same as those contained in the brief of evidence or other material served on the offender by the prosecutor in committal proceedings relating to the original indictment and the penalty for the new count offence is the same as, or less than, the offence set out in the original indictment, or
(b) the offender refused an offer to plead guilty to the new count offence that was made by the prosecutor in the committal proceedings relating to the original indictment and the offer was recorded in a negotiations document.
The discount for a guilty plea by an offender who is found fit to be tried after the offender is committed for trial, and whose matter was not remitted to a Magistrate for continued committal proceedings, is as follows—
(a) a reduction of 25% in any sentence that would otherwise have been imposed, if the offender pleaded guilty as soon as practicable after the offender was found fit to be tried,
(b) a reduction of 10% in any sentence that would otherwise have been imposed, if paragraph (a) does not apply and the offender—
(i) pleaded guilty at least 14 days before the first day of the trial of the offender, or
(ii) complied with the pre-trial notice requirements and pleaded guilty at the first available opportunity able to be obtained by the offender,
(c) a reduction of 5% in any sentence that would otherwise have been imposed, if paragraph (a) or (b) does not apply.
For the purpose of determining under subsection (3) or (5) whether the offender pleaded guilty as soon as practicable after an ex officio indictment was filed or the original indictment was amended or after a finding of fitness to be tried, the court is to take into account whether the offender had a reasonable opportunity to obtain legal advice and give instructions to his or her legal representative (if any).
In determining the sentence for an offence, the court is to apply a sentencing discount in accordance with this section if—
(a) the offender made an offer recorded in a negotiations document to plead guilty to an offence, and
(b) that offence (the
different offence ) was not the offence the subject of the proceedings when the offer was made, and(c) the offer was not accepted by the prosecutor, and
(d) the offer was not subsequently withdrawn, and
(e) the offender was found guilty of the different offence or an offence that is reasonably equivalent to the different offence.
For the purposes of this subsection, an
(a) the facts of the offence are capable of constituting the different offence, and
(b) the maximum penalty for the offence is the same or less than the different offence.
In determining the sentence for an offence, the court is to apply a sentencing discount for the utilitarian value of a guilty plea in accordance with this section if—
(a) the offender made an offer recorded in a negotiations document to plead guilty to an offence, and
(b) that offence (the
different offence ) was not the offence the subject of the proceedings when the offer was made, and(c) the offer was refused but accepted by the prosecutor after the offender was committed for trial, and
(d) the offender pleaded guilty to the different offence at the first available opportunity able to be obtained by the offender.
The discount to be applied by the court is as follows—
(a) a reduction of 25% in any sentence that would otherwise have been imposed, if the offer was made—
(i) before the offender was committed for trial, or
(ii) for an offender found fit to be tried after being committed for trial and whose matter was not remitted to a Magistrate for continued committal proceedings—as soon as practicable after the offender was found fit to be tried,
(b) a reduction of 10% in any sentence that would otherwise have been imposed, if the offer was made after the offender was committed for trial and at least 14 days before the first day of the trial of the offender,
(c) a reduction of 5% in any sentence that would otherwise have been imposed, if the offer was made less than 14 days before or on or after the first day of the trial of the offender.
In determining, for the purposes of subsection (3)(a)(ii), whether the offer was made by the offender as soon as practicable after the offender was found fit to be tried, the court must take into account whether the offender had a reasonable opportunity to obtain legal advice and instruct a legal representative.
This section applies to a sentencing discount under this Division.
The court may determine not to apply the sentencing discount, or to apply a reduced sentencing discount, if the court determines, on its own motion or on the application of the prosecution, that the discount should not be applied or should be reduced because the level of culpability in the commission of the offence is so extreme that the community interest in retribution, punishment, community protection and deterrence can be met only by imposition of a penalty with no allowance for, or a reduction of, that discount.
If a case conference certificate was filed in committal proceedings for the offence, a prosecutor is not entitled to apply to the court for a determination that the discount should not be applied or should be reduced unless the certificate records that the prosecutor notified the offender’s legal representative, at or before the conference, of the intention to make the application.
The court may determine not to apply the sentencing discount, or to apply a reduced sentencing discount, if the court determines that the discount should not be applied or should be reduced because the utilitarian value of the plea of guilty has been eroded by a dispute as to facts that was not determined in favour of the offender.
The burden of establishing that grounds exist for the sentencing discount lies on the offender and must be proved on the balance of probabilities.
The sentencing discount applicable to a person who is sentenced for an offence under the Drug Court Act 1998 applies to a person who indicates an intention to plead guilty to an offence before being referred to the Drug Court, and who subsequently pleads guilty to the offence before the Drug Court, as if the person had pleaded guilty to the offence before being committed for sentence in committal proceedings for the offence.
The court must indicate the following to the offender when passing sentence for an offence and must record the matters indicated—
(a) if the sentencing discount is applied, how the sentence imposed was calculated,
(b) if the court determines in accordance with this section not to apply or to reduce the discount, the reasons for the determination.
The failure by a court to comply with this Division does not invalidate any sentence imposed by the court.
A sentencing court must not allow any discount under this Division for a guilty plea if the court determines a sentence of life imprisonment.
In this Division—
(a) in relation to an offence as a direct result of which a primary victim has died—a person who was, at the time the offence was committed, a member of the primary victim’s immediate family,
(b) in relation to an offence committed against a primary victim who was pregnant at the time the offence was committed and as a result of which the foetus was lost, regardless of the gestational age of the foetus—a person who was, at the time the offence was committed, a member of the primary victim’s immediate family, whether or not the primary victim died.
(a) the victim’s spouse,
(b) the victim’s de facto partner,
Note. “De facto partner” is defined in section 21C of the Interpretation Act 1987.
(c) a person to whom the victim is engaged to be married,
(d) a parent, step-parent or guardian of the victim,
(e) a grandparent or step-grandparent of the victim,
(f) a child or step-child of the victim or some other child for whom the victim is the guardian,
(g) a grandchild or step-grandchild of the victim,
(h) a brother, sister, half-brother, half-sister, step-brother or step-sister of the victim,
(i) an aunt, uncle, niece or nephew of the victim,
(j) in the case of a victim who is an Aboriginal person or a Torres Strait Islander—a person who is or has been part of the close family or kin of the victim according to the Indigenous kinship system of the victim’s culture,
(k) any person who the prosecutor is satisfied is a member of the victim’s extended family or culturally recognised family to whom the victim is or was close,
(l) any person who the prosecutor is satisfied is a person with whom the victim had a close relationship analogous to a family relationship, or whom the victim considered to be family.
(a) a person against whom the offence was committed, or
(b) a person who was a witness to the act of actual or threatened violence, the sexual offence, the death or the infliction of the physical bodily harm concerned,
being a person who has suffered personal harm as a direct result of the offence.
This Division applies only in relation to an offence that is being dealt with by the Supreme Court, the Industrial Relations Commission, the District Court, the Local Court or the Children’s Court, and only as provided by this section.
In relation to an offence that is being dealt with by the Supreme Court or the District Court, this Division applies only if the offence is being dealt with on indictment in the Supreme Court or on indictment or summarily in the District Court and is—
(a) an offence that results in the death of, or actual physical bodily harm to, any person, or
(b) an offence that involves an act of actual or threatened violence, or
(c) an offence for which a higher maximum penalty may be imposed if the offence results in the death of, or actual physical bodily harm to, any person than may be imposed if the offence does not have that result, or
(d) a prescribed sexual offence, or
(e) an offence against section 54D(1), 91H, 91J, 91K, 91L, 91P, 91Q or 91R of the Crimes Act 1900.
In relation to an offence being dealt with by the Industrial Relations Commission, this Division applies only if—
(a) the offence is an offence against Division 5 of Part 2 of the Work Health and Safety Act 2011 or Subdivision 3 of Division 3 of Part 3 of the Rail Safety National Law (NSW), and
(b) the offence results in the death of, or actual physical bodily harm to, any person.
In relation to an offence that is being dealt with by the Local Court, this Division applies only if the offence is—
(a) an offence that results in the death of any person, or
(b) an offence for which a higher maximum penalty may be imposed if the offence results in the death of any person than may be imposed if the offence does not have that result, or
(c) an offence that is referred to in Table 1 of Schedule 1 to the Criminal Procedure Act 1986 and that—
(i) results in actual physical bodily harm to any person, or
(ii) involves an act of actual or threatened violence, or
(d) a prescribed sexual offence that is referred to in Table 1 of Schedule 1 to the Criminal Procedure Act 1986, or
(e) an offence against section 54D(1), 91H, 91J, 91K, 91L, 91P, 91Q or 91R of the Crimes Act 1900.
In relation to an offence that is being dealt with by the Children’s Court, this Division applies only if—
(a) the offence is an offence against section 91H, 91J, 91K, 91L, 91P, 91Q or 91R of the Crimes Act 1900, or
(b) the offence is not an offence referred to in Table 2 of Schedule 1 to the Criminal Procedure Act 1986 and the offence is—
(i) an offence that results in the death of, or actual physical bodily harm to, any person, or
(ii) an offence that involves an act of actual or threatened violence, or
(iii) an offence for which a higher maximum penalty may be imposed if the offence results in the death of, or actual physical bodily harm to, any person than may be imposed if the offence does not have that result, or
(iv) a prescribed sexual offence.
Nothing in this Division limits any other law by or under which a court may receive and consider a victim impact statement in relation to any offence to which this Division does not apply.
This Division extends to any offence referred to in subsection (1)–(4A) that is dealt with under section 33.
A primary victim in relation to an offence may prepare a statement (a
(a) any personal harm,
(b) any emotional suffering or distress,
(c) any harm to relationships with other persons,
(d) any economic loss or harm that arises from any matter referred to in paragraphs (a)–(c).
A family victim in relation to an offence may prepare a statement (a
(a) in relation to an offence as a direct result of which a primary victim has died—particulars of the impact of the primary victim’s death on the family victim and other members of the primary victim’s immediate family, and
(b) in relation to an offence committed against a primary victim who was pregnant at the time the offence was committed and as a result of which the foetus was lost, regardless of the gestational age of the foetus—particulars of the impact of the loss of the foetus on—
(i) the family victim, and
(ii) other members of the primary victim’s immediate family.
A victim impact statement must—
(a) be in writing, and
(b) comply with any other requirements prescribed by the regulations.
Photographs, drawings or other images may, subject to the regulations, be included in a victim impact statement.
A victim impact statement may relate to more than one victim.
The preparation of a victim impact statement is not mandatory.
A representative of a primary victim may (subject to the regulations) do any of the following on behalf of the victim, but only if the primary victim is incapable of doing so because of age, impairment or otherwise—
(a) provide information for the preparation of a victim impact statement,
(b) object to the tendering of a victim impact statement.
A representative of a victim may (subject to the regulations) do any of the following on behalf of the victim—
(a) prepare a victim impact statement,
(b) read a victim impact statement.
Anything done by a representative in accordance with this section is taken to have been done by the victim.
The regulations may specify the persons or classes of person who may be a representative of a victim for the purposes of this section.
A representative of a victim who provides information for the preparation of a victim impact statement or prepares a victim impact statement for the victim is not precluded from providing information or preparing a victim impact statement on the representative’s own behalf in relation to the same offence if otherwise eligible.
Date of commencement, assent, sec 2. | ||
No 98 | Statute Law (Miscellaneous Provisions) Act (No 2) 2005. Assented to 24.11.2005. Date of commencement of Sch 3, assent, sec 2 (2). | |
No 27 | Crimes (Sentencing Procedure) Amendment Act 2006. Assented to 26.5.2006. Date of commencement, assent, sec 2. | |
No 73 | Crimes Amendment (Apprehended Violence) Act 2006. Assented to 27.10.2006. Date of commencement of Sch 3.7, 12.3.2007, sec 2 and GG No 41 of 9.3.2007, p 1711. | |
No 107 | Crimes and Courts Legislation Amendment Act 2006. Assented to 29.11.2006. Date of commencement of Sch 1.9 [1]–[4] [9] and [10], assent, sec 2 (2); date of commencement of Sch 1.9 [5]–[8], 23.2.2007, Sch 1.9 and GG No 33 of 23.2.2007, p 947. | |
No 127 | Victims Support and Rehabilitation Amendment Act 2006. Assented to 4.12.2006. Date of commencement of Sch 2, 16.2.2007, sec 2 and GG No 32 of 16.2.2007, p 821. | |
No 50 | Crimes (Sentencing Procedure) Amendment Act 2007. Assented to 1.11.2007. Date of commencement, 1.1.2008, sec 2 and GG No 185 of 21.12.2007, p 9808. | |
No 80 | Crimes (Domestic and Personal Violence) Act 2007. Assented to 7.12.2007. Date of commencement, 10.3.2008, sec 2 and GG No 30 of 7.3.2008, p 1429. | |
No 94 | Miscellaneous Acts (Local Court) Amendment Act 2007. Assented to 13.12.2007. Date of commencement of Schs 1.27, 2 and 3, 6.7.2009, sec 2 and 2009 (314) LW 3.7.2009. | |
No 57 | Crimes (Sentencing Procedure) Amendment (Life Sentences) Act 2008. Assented to 1.7.2008. Date of commencement, assent, sec 2. | |
No 79 | Mental Health Legislation Amendment (Forensic Provisions) Act 2008. Assented to 5.11.2008. Date of commencement, 1.3.2009, sec 2 and GG No 44 of 27.2.2009, p 1229. | |
No 81 | Crimes (Sentencing Procedure) Amendment (Victim Impact Statements) Act 2008. Assented to 5.11.2008. Date of commencement, 1.1.2009, sec 2 and GG No 158 of 19.12.2008, p 12304. | |
No 97 | Rail Safety Act 2008. Assented to 3.12.2008. Date of commencement, 1.1.2009, sec 2 and GG No 158 of 19.12.2008, p 12308. | |
No 105 | Crimes Amendment (Sexual Offences) Act 2008. Assented to 8.12.2008. Date of commencement of Sch 2, 1.1.2009, sec 2 (1) and GG No 158 of 19.12.2008, p 12303. | |
No 119 | Crimes (Domestic and Personal Violence) Amendment Act 2008. Assented to 10.12.2008. Date of commencement, assent, sec 2. | |
No 27 | Criminal Legislation Amendment Act 2009. Assented to 19.5.2009. Date of commencement, assent, sec 2. | |
No 28 | Crimes (Sentencing Procedure) Amendment (Council Law Enforcement Officers) Act 2009. Assented to 9.6.2009. Date of commencement, assent, sec 2. | |
No 37 | Courts and Other Legislation Amendment Act 2009. Assented to 19.6.2009. Date of commencement of Sch 1.5, assent, sec 2 (2). | |
No 19 | Relationships Register Act 2010. Assented to 19.5.2010. Date of commencement of Sch 3, assent, sec 2 (2). | |
No 40 | Weapons and Firearms Legislation Amendment Act 2010. Assented to 15.6.2010. Date of commencement, 9.7.2010, sec 2 and 2010 (351) LW 9.7.2010. | |
No 48 | Crimes (Sentencing Legislation) Amendment (Intensive Correction Orders) Act 2010. Assented to 28.6.2010. Date of commencement of Sch 1, 1.10.2010, sec 2 and 2010 (532) LW 17.9.2010. | |
No 136 | Crimes (Sentencing Procedure) Amendment Act 2010. Assented to 7.12.2010. Date of commencement of Schs 1.2 and 2, 14.3.2011, sec 2 (1) and 2011 (175) LW 3.3.2011. | |
No 8 | Courts and Other Legislation Amendment Act 2011. Assented to 7.6.2011. Date of commencement, assent, sec 2. | |
No 62 | Statute Law (Miscellaneous Provisions) Act (No 2) 2011. Assented to 16.11.2011. Date of commencement of Sch 3, 6.1.2012, sec 2 (1). | |
No 64 | Crimes (Sentencing Procedure) Amendment (Children in Vehicles) Act 2011. Assented to 16.11.2011. Date of commencement, assent, sec 2. | |
No 67 | Work Health and Safety Legislation Amendment Act 2011. Assented to 28.11.2011. Date of commencement of Sch 4, 1.1.2012, sec 2 (1). | |
No 4 | Criminal Case Conferencing Trial Repeal Act 2012. Assented to 14.3.2012. Date of commencement, assent, sec 2. | |
No 57 | Graffiti Legislation Amendment Act 2012. Assented to 28.8.2012. Date of commencement, 10.12.2012, sec 2 and 2012 (599) LW 7.12.2012. | |
No 67 | Crimes Legislation Amendment Act 2012. Assented to 24.9.2012. Date of commencement, assent, sec 2. | |
No 82 | Rail Safety (Adoption of National Law) Act 2012. Assented to 29.10.2012. Date of commencement, 20.1.2013, sec 2 (1) and 2012 (646) LW 21.12.2012. | |
No 4 | Crimes (Serious Sex Offenders) Amendment Act 2013. Assented to 19.3.2013. Date of commencement, assent, sec 2. | |
No 7 | Crimes (Sentencing Procedure) Amendment (Provisional Sentencing for Children) Act 2013. Assented to 25.3.2013. Date of commencement, assent, sec 2. | |
No 19 | Road Transport Legislation (Repeal and Amendment) Act 2013. Assented to 3.4.2013. Date of commencement, 1.7.2013, sec 2 and 2013 (329) LW 28.6.2013. | |
No 31 | Child Protection Legislation Amendment (Children’s Guardian) Act 2013. Assented to 3.6.2013. Date of commencement, 15.6.2013, sec 2. | |
No 78 | Crimes (Sentencing Procedure) Amendment (Standard Non-parole Periods) Act 2013. Assented to 29.10.2013. Date of commencement, assent, sec 2. | |
No 80 | Crimes and Courts Legislation Amendment Act 2013. Assented to 29.10.2013. Date of commencement, assent, sec 2. | |
No 2 | Crimes and Other Legislation Amendment (Assault and Intoxication) Act 2014. Assented to 31.1.2014. Date of commencement of Schs 3 and 6, assent, sec 2 (1). | |
No 5 | Bail (Consequential Amendments) Act 2014. Assented to 12.3.2014. Date of commencement, 20.5.2014, sec 2 and 2014 (235) LW 24.4.2014. | |
No 18 | Crimes (Sentencing Procedure) Amendment (Family Member Victim Impact Statement) Act 2014. Assented to 20.5.2014. Date of commencement, 1.7.2014, sec 2 and 2014 (396) LW 27.6.2014. | |
No 59 | Crimes Legislation Amendment Act 2014. Assented to 23.10.2014. Date of commencement, assent, sec 2. | |
No 13 | Crimes Legislation Amendment (Child Sex Offences) Act 2015. Assented to 29.6.2015. Date of commencement, assent, sec 2. | |
No 15 | Statute Law (Miscellaneous Provisions) Act 2015. Assented to 29.6.2015. Date of commencement of Sch 2, 8.7.2015, sec 2 (1); date of commencement of Sch 3, 15.7.2015, sec 2 (3). | |
No 17 | Crimes (Sentencing Procedure) Amendment (Firearms Offences) Act 2015. Assented to 21.8.2015. Date of commencement, assent, sec 2. | |
No 67 | Courts and Other Justice Portfolio Legislation Amendment Act 2015. Assented to 24.11.2015. Date of commencement of Sch 1.7, assent, sec 2 (1). | |
No 54 | Justice Portfolio Legislation (Miscellaneous Amendments) Act 2016. Assented to 25.10.2016. Date of commencement, assent, sec 2. | |
No 18 | Parliamentary Contributory Superannuation Amendment (Criminal Charges and Convictions) Act 2017. Assented to 1.6.2017. Date of commencement of Sch 2, assent, sec 2 (1). | |
No 40 | Justice Legislation Amendment Act 2017. Assented to 14.8.2017. Date of commencement of Sch 1.6, assent, sec 2 (1). | |
No 44 | Justice Legislation Amendment Act (No 2) 2017. Assented to 25.9.2017. Date of commencement of Sch 1.8, assent, sec 2 (1). | |
No 53 | Crimes (Sentencing Procedure) Amendment (Sentencing Options) Act 2017. Assented to 24.10.2017. Date of commencement, 24.9.2018, sec 2 and 2018 (534) LW 21.9.2018. Amended by Statute Law (Miscellaneous Provisions) Act 2018 No 25. Assented to 15.6.2018. Date of commencement of Sch 1.6, assent, Sch 1.6. Amended by Justice Legislation Amendment Act (No 2) 2018 No 29. Assented to 21.6.2018. Date of commencement of Sch 1.8, assent, sec 2 (1). | |
No 54 | Crimes (High Risk Offenders) Amendment Act 2017. Assented to 24.10.2017. Date of commencement, 6.12.2017, sec 2 and 2017 (678) LW 1.12.2017. | |
No 55 | Justice Legislation Amendment (Committals and Guilty Pleas) Act 2017. Assented to 24.10.2017. Date of commencement, 30.4.2018, sec 2 and 2018 (164) LW 27.4.2018. | |
No 57 | Parole Legislation Amendment Act 2017. Assented to 24.10.2017. Date of commencement of Sch 3.2, 26.2.2018, sec 2 and 2018 (53) LW 23.2.2018. | |
No 62 | Rural Crime Legislation Amendment Act 2017. Assented to 23.11.2017. Date of commencement of Sch 1.2, assent, sec 2 (1). | |
No 68 | Terrorism (High Risk Offenders) Act 2017. Assented to 30.11.2017. Date of commencement of Sch 2.10 [1], 19.1.2018, sec 2 (3) and 2018 (8) LW 19.1.2018; date of commencement of Sch 2.10 [2], 6.12.2017, sec 2 (1) and (2) and 2017 (678) LW 1.12.2017. | |
No 25 | Statute Law (Miscellaneous Provisions) Act 2018. Assented to 15.6.2018. Date of commencement of Sch 1.5, 24.9.2018, Sch 1.5 and 2018 (534) LW 21.9.2018. | |
No 29 | Justice Legislation Amendment Act (No 2) 2018. Assented to 21.6.2018. Date of commencement of Sch 1.7, assent, sec 2 (1). | |
No 33 | Criminal Legislation Amendment (Child Sexual Abuse) Act 2018. Assented to 27.6.2018. Date of commencement of Sch 3 [4]–[6], 31.8.2018, sec 2 and 2018 (490) LW 31.8.2018; date of commencement of Sch 3 [1]–[3] [7] [8] and [10], 1.12.2018, sec 2 and 2018 (671) LW 30.11.2018. The amendment made by Sch 3 [9] was without effect as the provision being amended was substituted by the Crimes (Sentencing Procedure) Amendment (Sentencing Options) Act 2017. | |
(537) | Crimes (Sentencing Procedure) Amendment (Community-based Orders and Other Matters) Regulation 2018. LW 21.9.2018. Date of commencement, 24.9.2018, cl 2 and 2018 (534) LW 21.9.2018. | |
No 85 | Mental Health (Forensic Provisions) Amendment (Victims) Act 2018. Assented to 28.11.2018. Sch 3 was not commenced and was repealed by the Stronger Communities Legislation Amendment (Crimes) Act 2020 No 26. | |
No 87 | Justice Legislation Amendment Act (No 3) 2018. Assented to 28.11.2018. Date of commencement of Sch 1.13, assent, sec 2 (1). | |
No 88 | Crimes Legislation Amendment (Victims) Act 2018. Assented to 28.11.2018. Date of commencement of Sch 3, 27.5.2019, sec 2 (1) and 2019 (201) LW 24.5.2019. | |
No 10 | Justice Legislation Amendment Act 2019. Assented to 26.9.2019. Date of commencement of Sch 1.8, assent, sec 2 (1). | |
No 12 | Mental Health and Cognitive Impairment Forensic Provisions Act 2020. Assented to 23.6.2020. Date of commencement, 27.3.2021, sec 2 and 2021 (116) LW 19.3.2021. | |
No 26 | Stronger Communities Legislation Amendment (Crimes) Act 2020. Assented to 28.9.2020. Date of commencement, assent, sec 2. | |
No 30 | Statute Law (Miscellaneous Provisions) Act 2020. Assented to 27.10.2020. Date of commencement of amendments made by Sch 2.10, 11.12.2020, sec 2(3). | |
No 31 | Stronger Communities Legislation Amendment (Miscellaneous) Act 2020. Assented to 27.10.2020. Date of commencement of Sch 1.6, assent, sec 2(1). | |
No 13 | Mandatory Disease Testing Act 2021. Assented to 17.6.2021. Date of commencement, 29.7.2022, sec 2 and 2022 (411) LW 29.7.2022. | |
No 36 | Crimes Legislation Amendment (Loss of Foetus) Act 2021. Assented to 29.11.2021. Date of commencement, 29.3.2022, sec 2 and 2022 (86) LW 18.3.2022. | |
No 16 | State Revenue and Fines Legislation Amendment (Miscellaneous) Act 2022. Assented to 19.5.2022. Date of commencement of Sch 9, assent, sec 2(c). | |
No 44 | Crimes (Sentencing Procedure) Amendment Act 2022. Assented to 18.10.2022. Date of commencement, assent, sec 2. | |
No 65 | Crimes Legislation Amendment (Coercive Control) Act 2022. Assented to 23.11.2022. Date of commencement of Sch 3, 1.7.2024, sec 2(3)(a). | |
No 7 | Statute Law (Miscellaneous Provisions) Act 2023. Assented to 3.7.2023. Date of commencement, 14.7.2023, sec 2. | |
No 62 | Child Protection (Offenders Registration) Amendment Act 2024. Assented to 30.9.2024. Date of commencement, 29.9.2025, sec 2 and 2025 (433) LW 29.8.2025. | |
No 71 | Equality Legislation Amendment (LGBTIQA+) Act 2024. Assented to 23.10.2024. Date of commencement of Sch 4, 1.12.2024, sec 2(a) and 2024 (599) LW 29.11.2024. | |
No 11 | Crimes Legislation Amendment (Racial and Religious Hatred) Act 2025. Assented to 2.3.2025. Date of commencement, assent, sec 2. | |
No 48 | Statute Law (Miscellaneous Provisions) Act 2025. Assented to 15.8.2025. Date of commencement of Sch 4, assent, sec 2(e). | |
No 52 | Crimes (Sentencing Procedure) Amendment Act 2025. Assented to 17.9.2025. Date of commencement, assent, sec 2. | |
No 62 | Justice Legislation Amendment (Miscellaneous) Act (No 2) 2025. Assented to 28.10.2025. Date of commencement of Sch 8, assent, sec 2(c). |
Sec 3 | Am 2001 No 100, Sch 1.1 [1]; 2001 No 121, Sch 2.75 [1] [2]; 2002 No 90, Sch 3.2 [1] [2]; 2002 No 100, Sch 3 [1]; 2002 No 130, Sch 5 [1]; 2004 No 42, Sch 2 [1]; 2007 No 94, Schs 1.27 [1] [2], 2; 2010 No 48, Sch 1 [1]–[4]; 2010 No 136, Sch 2 [1]; 2012 No 57, Sch 1.2 [1]; 2015 No 15, Sch 3.17 [1]; 2017 No 53, Sch 1 [1]–[3]; 2018 No 87, Sch 1.13 [1]; 2020 No 26, Sch 1.7. |
Sec 3A | Ins 2002 No 90, Sch 1 [1]. |
Sec 4 | Am 2000 No 43, Sch 3 [1]. |
Secs 4A, 4B | Ins 2017 No 53, Sch 1 [4]. |
Part 2, Div 2, heading | Rep 2004 No 42, Sch 2 [4]. Ins 2004 No 42, Sch 2 [2]. |
Sec 5 | Am 2002 No 100, Sch 3 [2]; 2010 No 48, Sch 1 [5]; 2017 No 53, Sch 1 [5]; 2020 No 30, Sch 2.10[1]. |
Sec 5A | Ins 2004 No 42, Sch 2 [3]. |
Sec 6 (as originally enacted) | Rep 2010 No 48, Sch 1 [6]. |
Sec 6 (previously sec 7) | Renumbered 2010 No 48, Sch 1 [7]. Rep 2017 No 53, Sch 1 [6]. |
Sec 7 | Ins 2010 No 48, Sch 1 [8]. Subst 2017 No 53, Sch 1 [7]. |
Sec 8 | Subst 2017 No 53, Sch 1 [8]. |
Sec 9 | Subst 2017 No 53, Sch 1 [9]. |
Sec 10 | Am 2000 No 43, Sch 3 [2]; 2002 No 100, Sch 3 [3] [4]; 2017 No 53, Sch 1 [10]–[13]; 2023 No 7, Sch 2.18. |
Sec 10A | Ins 2006 No 107, Sch 1.9 [1]. Am 2015 No 15, Sch 2.12. |
Sec 11 | Am 2000 No 43, Sch 3 [3] [4]; 2002 No 100, Sch 3 [5]–[7]; 2014 No 5, Sch 2.13 [1]–[3]. |
Sec 12 | Am 2000 No 43, Sch 3 [5]; 2002 No 90, Sch 3.2 [3] [4]; 2003 No 27, Sch 6 [1]; 2006 No 107, Sch 1.9 [2]. Rep 2017 No 53, Sch 1 [14]. |
Sec 13 | Rep 2017 No 53, Sch 1 [15]. |
Sec 14 | Rep 2017 No 53, Sch 1 [16]. |
Part 2, Div 4A | Ins 2001 No 100, Sch 1.1 [2]. |
Sec 17A | Ins 2001 No 100, Sch 1.1 [2]. Am 2009 No 37, Sch 1.5 [1] [2]; 2010 No 136, Sch 2 [2]. |
Part 2, Div 4B | Ins 2017 No 53, Sch 1 [17]. |
Sec 17B | Ins 2017 No 53, Sch 1 [17]. |
Sec 17C | Ins 2017 No 53, Sch 1 [17] (am 2018 No 29, Sch 1.8 [1]). Am 2018 No 87, Sch 1.13 [2]. |
Sec 17D | Ins 2017 No 53, Sch 1 [17] (am 2018 No 29, Sch 1.8 [2]). |
Part 2, Div 4C (secs 17E–17J) | Ins 2017 No 53, Sch 1 [17]. |
Sec 21A | Ins 2002 No 5, Sch 1 [1]. Subst 2002 No 90, Sch 1 [2]. Am 2006 No 27, Sch 1 [1] [2]; 2007 No 50, Sch 1 [1]–[7]; 2007 No 80, Sch 2.8 [1]; 2008 No 105, Sch 2.4 [1] [2]; 2009 No 28, sec 3 (1); 2011 No 64, Sch 1 [1]–[3]; 2013 No 19, Sch 4.12 [1]–[3]; 2014 No 2, Sch 3 [1]–[3]; 2017 No 55, Sch 2 [1] [2], 2017 No 62, Sch 1.2; 2018 No 29, Sch 1.7; 2018 No 33, Sch 3 [1]–[5]; 2024 No 71, Sch 4[1] [2]; 2025 No 11, Sch 2[1]. |
Sec 21B | Ins 2022 No 44, Sch 1[1]. |
Sec 22 | Am 2010 No 136, Sch 1.2 [1] [2]; 2017 No 55, Sch 2 [3]. |
Sec 22A | Ins 2001 No 7, Sch 3 [1]. Am 2010 No 136, Sch 1.2 [3]. |
Sec 23 | Am 2010 No 136, Sch 1.2 [4]–[6]. |
Sec 24 | Am 2002 No 100, Sch 3 [8] [9]; 2017 No 53, Sch 1 [18]–[20]. |
Sec 24A | Ins 2008 No 105, Sch 2.4 [3]. Am 2010 No 136, Sch 1.2 [7]; 2013 No 4, Sch 2.9 [1] [2]; 2013 No 31, Sch 3.6; 2017 No 54, Sch 2.2; 2017 No 68, Sch 2.10 [1]. |
Sec 24B | Ins 2010 No 136, Sch 1.2 [8]. |
Sec 24C | Ins 2017 No 18, Sch 2. |
Sec 25 | Am 2000 No 43, Sch 3 [6]; 2001 No 100, Sch 1.1 [3]; 2001 No 121, Sch 2.75 [3] [4]; 2002 No 100, Sch 3 [10]; 2007 No 94, Schs 2, 3; 2010 No 48, Sch 1 [9]; 2017 No 53, Sch 1 [21]; 2020 No 31, Sch 1.6[1] [2]. |
Sec 25AA | Ins 2018 No 33, Sch 3 [6]. Am 2022 No 44, Sch 1[2]. |
Part 3, Div 1A | Ins 2017 No 55, Sch 2 [4]. |
Sec 25A | Ins 2017 No 55, Sch 2 [4]. |
Sec 25B | Ins 2017 No 55, Sch 2 [4]. Am 2018 No 25, Sch 1.5; 2020 No 31, Sch 1.6[3]. |
Sec 25C | Ins 2017 No 55, Sch 2 [4]. |
Sec 25D | Ins 2017 No 55, Sch 2 [4]. Am 2020 No 31, Sch 1.6[4]–[6]. |
Sec 25E | Ins 2017 No 55, Sch 2 [4]. Am 2025 No 52, Sch 1[1] [2]. |
Sec 25F | Ins 2017 No 55, Sch 2 [4]. |
Part 3, Div 2 | Subst 2018 No 88, Sch 3 [1]. |
Part 3, Div 2, Subdiv 1, heading | Ins 2018 No 88, Sch 3 [1]. |
Sec 26 | Am 2006 No 127, Sch 2.1 [1]–[4]; 2008 No 81, Sch 1 [1]–[3]; 2010 No 19, Sch 3.31 [1] [2]. Subst 2018 No 88, Sch 3 [1]. Am 2021 No 36, Sch 2[1]. |
Sec 27 | Am 2000 No 40, Sch 2.1 [1] [2]; 2004 No 3, Sch 1 [1]; 2007 No 94, Sch 2; 2008 No 81, Sch 1 [4]–[7]; 2008 No 97, Sch 4.1; 2011 No 67, Sch 4.4 [1] [2]; 2012 No 82, Sch 2.2. Subst 2018 No 88, Sch 3 [1]. Am 2020 No 31, Sch 1.6[7]–[9]; 2022 No 65, Sch 3. |
Part 3, Div 2, Subdiv 2, heading | Ins 2018 No 88, Sch 3 [1]. |
Sec 28 | Am 2000 No 40, Sch 2.1 [3]; 2003 No 10, Sch 1 [1]; 2004 No 3, Sch 1 [2]–[4]; 2014 No 18, Sch 1 [1], [2]. Subst 2018 No 88, Sch 3 [1]. Am 2021 No 36, Sch 2[2]. |
Sec 29 | Am 2014 No 18, Sch 1 [3]. Subst 2018 No 88, Sch 3 [1]. |
Sec 30 | Am 2008 No 81, Sch 1 [8] [9]. Subst 2018 No 88, Sch 3 [1]. |
Part 3, Div 2, Subdiv 3, heading | Ins 2018 No 88, Sch 3 [1]. |
Sec 30A | Ins 2003 No 10, Sch 1 [2]. Am 2008 No 81, Sch 1 [10] [11]; 2017 No 40, Sch 1.6. Subst 2018 No 88, Sch 3 [1]. |
Secs 30B–30G | Ins 2018 No 88, Sch 3 [1]. |
Part 3, Div 2, Subdiv 4 (secs 30H–30K) | Ins 2018 No 88, Sch 3 [1]. |
Part 3, Div 2, Subdiv 5 | Ins 2018 No 88, Sch 3 [1]. |
Sec 30L | Ins 2018 No 88, Sch 3 [1]. Am 2020 No 12, Sch 3.11[1] [2]. |
Sec 30M | Ins 2018 No 88, Sch 3 [1]. Am 2020 No 12, Sch 3.11[3]. |
Sec 30N | Ins 2018 No 88, Sch 3 [1]. Am 2020 No 12, Sch 3.11[4]. |
Sec 31 | Am 2001 No 100, Sch 1.1 [4]; 2010 No 48, Sch 1 [10]; 2017 No 53, Sch 1 [22]; 2020 No 30, Sch 2.10[2]. |
Sec 32 | Am 2004 No 68, Sch 4 [1]; 2010 No 136, Sch 1.2 [9], 2012 No 67, Sch 3.2 [1] [2]. |
Sec 34 | Am 2001 No 121, Sch 2.75 [5]. |
Sec 35A | Ins 2010 No 136, Sch 1.2 [10]. Am 2012 No 67, Sch 3.2 [1] [3]; 2017 No 44, Sch 1.8 [1] [2]. |
Sec 36 | Am 2001 No 117, Sch 5 [1] [2]. |
Sec 37 | Am 2001 No 117, Sch 5 [3] [4]. |
Secs 37A, 37B | Ins 2001 No 117, Sch 5 [5]. |
Sec 38 | Am 2000 No 98, Sch 2.1; 2005 No 98, Sch 3.18. |
Sec 39 | Am 2005 No 98, Sch 3.18. |
Sec 39A | Ins 2001 No 117, Sch 5 [6]. Am 2005 No 98, Sch 3.18. |
Sec 42 | Am 2001 No 117, Sch 5 [7]. |
Sec 42A | Ins 2001 No 117, Sch 5 [8]. |
Sec 43 | Am 2001 No 100, Sch 1.1 [5]; 2001 No 121, Sch 2.75 [6]; 2010 No 48, Sch 1 [11]; 2013 No 80, Sch 4; 2017 No 53, Sch 1 [23]–[25]; 2024 No 62, Sch 2. |
Sec 44 | Subst 2002 No 90, Sch 1 [3]. Am 2010 No 136, Sch 2 [3]–[5]; 2013 No 78, Sch 1 [1]. |
Sec 45 | Am 2002 No 90, Sch 3.2 [5]; 2010 No 136, Sch 2 [6] [7]; 2016 No 54, Sch 1.6 [1] [2]. |
Sec 46 | Am 2016 No 54, Sch 1.6 [3]. |
Sec 47 | Am 2010 No 48, Sch 1 [12]; 2010 No 136, Sch 2 [8]–[10]; 2017 No 53, Sch 1 [26]; 2025 No 62, Sch 8. |
Sec 48 | Am 2010 No 136, Sch 2 [11]. |
Sec 49 | Am 2010 No 136, Sch 2 [12] [13]. |
Sec 50 | Rep 2017 No 57, Sch 3.2 [1]. |
Sec 51 | Am 2000 No 43, Sch 3 [7]; 2001 No 117, Sch 5 [9]; 2003 No 25, Sch 1 [1]–[3]; 2010 No 48, Sch 1 [13]. Rep 2017 No 57, Sch 3.2 [2]. |
Sec 51A | Ins 2001 No 100, Sch 1.1 [6]. Am 2015 No 15, Sch 3.17 [2]. Rep 2017 No 57, Sch 3.2 [3]. |
Sec 51B | Ins 2001 No 100, Sch 1.1 [6]. Am 2011 No 62, Sch 3.6. Rep 2017 No 57, Sch 3.2 [4]. |
Sec 53 | Subst 2010 No 136, Sch 2 [14]. |
Sec 53A | Ins 2010 No 136, Sch 2 [14]. Am 2014 No 59, Sch 1.4 [1]. |
Sec 53B | Ins 2016 No 54, Sch 1.6 [4]. |
Sec 54 | Am 2008 No 79, Sch 3.6 [1]; 2020 No 12, Sch 3.11[5]; 2022 No 16, Sch 9.3. |
Part 4, Div 1A | Ins 2002 No 90, Sch 1 [4]. |
Sec 54A | Ins 2002 No 90, Sch 1 [4]. Am 2013 No 78, Sch 1 [2]. |
Sec 54B | Ins 2002 No 90, Sch 1 [4]. Am 2010 No 136, Sch 2 [15]–[17]. Subst 2013 No 78, Sch 1 [3]. Am 2014 No 59, Sch 1.4 [2]. |
Sec 54C | Ins 2002 No 90, Sch 1 [4]. |
Sec 54D | Ins 2002 No 90, Sch 1 [4]. Am 2008 No 79, Sch 3.6 [2]; 2008 No 105, Sch 2.4 [4]; 2020 No 12, Sch 3.11[6]. |
Part 4, Div 1A, table | Ins 2002 No 90, Sch 1 [4]. Am 2006 No 27, Sch 1 [3]; 2007 No 50, Sch 1 [8]–[14]; 2008 No 105, Sch 2.4 [5]; 2009 No 27, Sch 1.5 [1]; 2009 No 28, sec 3 (2); 2015 No 13, Sch 2 [1] [2]; 2015 No 17, Sch 1 [1]–[4]; 2018 No 33, Sch 3 [7] [8]; 2019 No 10, Sch 1.8 [1]. |
Sec 55 | Am 2001 No 117, Sch 5 [10]; 2002 No 130, Sch 5 [2]. |
Sec 56 | Am 2002 No 130, Sch 5 [3]–[5]. |
Sec 57 | Am 2001 No 117, Sch 5 [11]; 2010 No 136, Sch 1.2 [11] [12]. |
Sec 58 | Am 2002 No 130, Sch 5 [6]. Subst 2003 No 85, Sch 2 [1]. Am 2007 No 94, Schs 2, 3; 2017 No 68, Sch 2.10 [2]; 2021 No 13, Sch 2.1. |
Sec 59 | Am 2003 No 27, Sch 6 [2]–[5]. |
Part 4, Div 2A | Ins 2013 No 7, Sch 1 [1]. |
Sec 60A | Ins 2013 No 7, Sch 1 [1]. Am 2015 No 15, Sch 3.17 [3] [4]. |
Secs 60B–60I | Ins 2013 No 7, Sch 1 [1]. |
Sec 62 | Am 2001 No 121, Sch 2.75 [7]; 2004 No 68, Sch 4 [2]; 2010 No 48, Sch 1 [14]; 2017 No 53, Sch 1 [27]. |
Sec 63 | Am 2010 No 48, Sch 1 [15]; 2015 No 15, Sch 3.17 [5]; 2017 No 53, Sch 1 [28]. |
Part 5 | Subst 2010 No 48, Sch 1 [16]; 2017 No 53, Sch 1 [29]. |
Part 5, Div 1 (secs 64, 65) | Subst 2010 No 48, Sch 1 [16]; 2017 No 53, Sch 1 [29]. |
Part 5, Div 2 | Subst 2010 No 48, Sch 1 [16]; 2017 No 53, Sch 1 [29]. |
Sec 65A | Ins 2002 No 74, Sch 2 [1]. Rep 2010 No 48, Sch 1 [16]. |
Sec 65B | Ins 2003 No 27, Sch 6 [6]. Rep 2010 No 48, Sch 1 [16]. |
Sec 66 | Am 2002 No 74, Sch 2 [2]; 2004 No 68, Sch 4 [3]. Subst 2010 No 48, Sch 1 [16]. Am 2010 No 136, Sch 2 [18]. Subst 2017 No 53, Sch 1 [29]. |
Sec 67
Subst 2010 No 48, Sch 1 [16]; 2017 No 53, Sch 1 [29]. Am 2022 No 44, Sch 1[3].
Sec 68
Subst 2010 No 48, Sch 1 [16]; 2017 No 53, Sch 1 [29] (am 2018 No 25, Sch 1.6 [1]).
Sec 69
Subst 2010 No 48, Sch 1 [16]; 2017 No 53, Sch 1 [29] (am 2018 No 29, Sch 1.8 [3]–[5]).
Part 5, Div 3
Subst 2010 No 48, Sch 1 [16]; 2017 No 53, Sch 1 [29].
Sec 70
Subst 2010 No 48, Sch 1 [16]; 2017 No 53, Sch 1 [29].
Sec 71
Subst 2010 No 48, Sch 1 [16]; 2015 No 67, Sch 1.7 [1]. Am 2016 No 54, Sch 1.6 [5]. Subst 2017 No 53, Sch 1 [29].
Part 5, Div 4
Subst 2010 No 48, Sch 1 [16]; 2017 No 53, Sch 1 [29].
Sec 72
Subst 2010 No 48, Sch 1 [16]; 2017 No 53, Sch 1 [29].
Sec 73
Am 2001 No 121, Sch 2.75 [8]; 2004 No 68, Sch 4 [2]. Subst 2010 No 48, Sch 1 [16]; 2017 No 53, Sch 1 [29].
Sec 73A
Ins 2010 No 48, Sch 1 [16]. Subst 2017 No 53, Sch 1 [29] (am 2018 No 29, Sch 1.8 [6]–[8]).
Sec 73B
Ins 2017 No 53, Sch 1 [29].
Part 6
Rep 2017 No 53, Sch 1 [30].
Sec 74
Rep 2017 No 53, Sch 1 [30].
Sec 75
Am 2006 No 73, Sch 3.7 [1]; 2007 No 80, Sch 2.8 [2]. Rep 2017 No 53, Sch 1 [30].
Sec 76
Am 2006 No 73, Sch 3.7 [2]; 2007 No 80, Sch 2.8 [3]; 2010 No 40, Sch 3.10; 2010 No 136, Sch 2 [19]; 2014 No 2, Sch 6.2. Rep 2017 No 53, Sch 1 [30].
Sec 77
Am 2006 No 73, Sch 3.7 [3]; 2007 No 80, Sch 2.8 [4] [5]; 2008 No 119, Sch 2.3. Rep 2017 No 53, Sch 1 [30].
Sec 78
Am 2002 No 74, Sch 2 [3]; 2004 No 68, Sch 4 [3]. Rep 2017 No 53, Sch 1 [30].
Sec 79
Rep 2017 No 53, Sch 1 [30].
Sec 80
Am 2002 No 74, Sch 2 [4]; 2010 No 48, Sch 1 [17]; 2014 No 5, Sch 2.13 [4]. Rep 2017 No 53, Sch 1 [30].
Secs 81–83
Rep 2017 No 53, Sch 1 [30].
Part 7
Subst 2017 No 53, Sch 1 [31].
Part 7, Div 1
Subst 2017 No 53, Sch 1 [31].
Sec 84
Subst 2017 No 53, Sch 1 [31].
Part 7, Div 2
Subst 2017 No 53, Sch 1 [31].
Sec 85
Subst 2017 No 53, Sch 1 [31].
Sec 86
Am 2004 No 68, Sch 4 [4] [5]; 2015 No 67, Sch 1.7 [2]. Subst 2017 No 53, Sch 1 [31].
Part 7, Div 3
Subst 2017 No 53, Sch 1 [31].
Secs 87, 88
Subst 2017 No 53, Sch 1 [31].
Sec 89
Subst 2017 No 53, Sch 1 [31] (am 2018 No 29, Sch 1.8 [9]–[13]).
Part 7, Div 4, heading
Rep 2017 No 53, Sch 1 [31].
Sec 90
Am 2012 No 57, Sch 1.2 [2]. Subst 2017 No 53, Sch 1 [31] (am 2018 No 25, Sch 1.6 [2]).
Sec 91
Am 2012 No 57, Sch 1.2 [3]. Subst 2017 No 53, Sch 1 [31].
Secs 92, 93
Rep 2017 No 53, Sch 1 [31].
Part 8
Subst 2017 No 53, Sch 1 [31].
Part 8, Div 1, heading
Ins 2017 No 53, Sch 1 [31].
Sec 94
Subst 2017 No 53, Sch 1 [31].
Part 8, Div 2, heading
Ins 2017 No 53, Sch 1 [31].
Sec 95
Am 2001 No 117, Sch 5 [12]. Subst 2017 No 53, Sch 1 [31].
Secs 95A, 95B
Ins 2002 No 100, Sch 3 [11]. Rep 2017 No 53, Sch 1 [31].
Sec 96
Subst 2017 No 53, Sch 1 [31].
Part 8, Div 3, heading
Ins 2017 No 53, Sch 1 [31].
Sec 97
Subst 2017 No 53, Sch 1 [31].
Sec 98
Am 2000 No 110, Sch 2 [1]–[3]; 2001 No 121, Sch 2.75 [10] [11]; 2003 No 27, Sch 6 [7] [8]. Subst 2017 No 53, Sch 1 [31].
Sec 99
Am 2002 No 90, Sch 3.2 [6]; 2006 No 107, Sch 1.9 [3] [4]; 2010 No 48, Sch 1 [18] [19]. Subst 2017 No 53, Sch 1 [31] (am 2018 No 29, Sch 1.8 [14]–[17]).
Sec 99A
Ins 2002 No 100, Sch 3 [12]. Subst 2017 No 53, Sch 1 [31].
Sec 100
Subst 2017 No 53, Sch 1 [31].
Part 8A
Ins 2001 No 100, Sch 1.1 [7].
Sec 100A
Ins 2001 No 100, Sch 1.1 [7]. Am 2009 No 37, Sch 1.5 [3]–[7]; 2010 No 19, Sch 3.31 [3].
Secs 100B, 100C
Ins 2001 No 100, Sch 1.1 [7].
Sec 100D
Ins 2001 No 100, Sch 1.1 [7]. Am 2015 No 15, Sch 3.17 [2].
Secs 100E, 100F
Ins 2001 No 100, Sch 1.1 [7].
Sec 100G
Ins 2001 No 100, Sch 1.1 [7]. Am 2007 No 94, Sch 2.
Sec 100H
Ins 2001 No 100, Sch 1.1 [7]. Am 2011 No 62, Sch 3.6.
Part 8B
Ins 2002 No 90, Sch 1 [5].
Sec 100I
Ins 2002 No 90, Sch 1 [5]. Am 2006 No 107, Sch 1.9 [5] [6]; 2009 No 27, Sch 1.5 [2]–[4]; 2011 No 8, Sch 1.1 [1] [2]; 2015 No 15, Sch 3.17 [6].
Sec 100J
Ins 2002 No 90, Sch 1 [5]. Am 2004 No 11, Sch 5; 2006 No 107, Sch 1.9 [7]; 2015 No 15, Sch 3.17 [6]; 2025 No 48, Sch 4.2.
Sec 100K
Ins 2002 No 90, Sch 1 [5].
Sec 100L
Ins 2002 No 90, Sch 1 [5]. Am 2015 No 15, Sch 3.17 [7].
Part 8C, Divs 1, 2 (secs 100M–100P)
Ins 2002 No 100, Sch 3 [13].
Part 8C, Div 3
Ins 2002 No 100, Sch 3 [13].
Sec 100Q
Ins 2002 No 100, Sch 3 [13].
Sec 100R
Ins 2002 No 100, Sch 3 [13]. Am 2017 No 53, Sch 1 [32].
Sec 100S
Ins 2002 No 100, Sch 3 [13].
Sec 100T
Ins 2002 No 100, Sch 3 [13]. Am 2017 No 53, Sch 1 [33].
Sec 101A
Ins 2002 No 90, Sch 3.2 [7].
Sec 103
Am 2004 No 68, Sch 4 [6].
Sec 106
Ins 2002 No 90, Sch 1 [6].
Sec 107
Ins 2014 No 18, Sch 1 [4].
Sch 1
Am 2001 No 29, Sch 1 [1]–[4]; 2001 No 62, Sch 2.3; 2005 No 13, Sch 1 [1] [2]; 2008 No 57, Sch 1 [1]–[7]; 2008 No 105, Sch 2.4 [6] [7].
Sch 1A
Ins 2002 No 90, Sch 1 [7]. Am 2006 No 107, Sch 1.9 [8]; 2009 No 27, Sch 1.5 [5]; 2011 No 8, Sch 1.1 [3]; 2015 No 15, Sch 3.17 [8].
Sch 2
Am 2001 No 7, Sch 3 [2]; 2001 No 29, Sch 1 [5] [6]; 2001 No 100, Sch 1.1 [8] [9]; 2001 No 117, Sch 5 [13]–[15]; 2002 No 5, Sch 1 [2]; 2002 No 74, Sch 2 [5]; 2002 No 90, Sch 3.2 [8] [9]; 2002 No 100, Sch 3 [14] [15]; 2002 No 130, Sch 5 [7]–[10]; 2003 No 25, Sch 1 [4] [5]; 2003 No 27, Sch 6 [9] [10]; 2003 No 85, Sch 2 [2] [3]; 2004 No 3, Sch 1 [5] [6]; 2004 No 68, Sch 4 [7] [8]; 2005 No 13, Sch 1 [3] [4]; 2006 No 27, Sch 1 [4] [5]; 2006 No 107, Sch 1.9 [9] [10]; 2007 No 50, Sch 1 [15] [16]; 2008 No 57, Sch 1 [8]; 2008 No 81, Sch 1 [12] [13]; 2008 No 105, Sch 2.4 [7] [8]; 2010 No 48, Sch 1 [20] [21]; 2010 No 136, Sch 1.2 [13] [14]; 2011 No 8, Sch 1.1 [4] [5]; 2011 No 64, Sch 1 [4]; 2012 No 4, Sch 1 [1] [2]; 2012 No 57, Sch 1.2 [4] [5]; 2013 No 7, Sch 1 [2] [3]; 2013 No 78, Sch 1 [4]; 2014 No 2, Sch 3 [4]; 2014 No 18, Sch 1 [5]; 2015 No 13, Sch 2 [3]; 2015 No 17, Sch 1 [5]; 2017 No 53, Sch 2 (am 2018 No 25, Sch 1.6 [3]; 2018 No 29, Sch 1.8 [18] [19]); 2017 No 55, Sch 2 [5]; 2018 No 33, Sch 3 [10]; 2018 (537), Sch 2 [1]–[18]; 2018 No 88, Sch 3 [2]; 2019 No 10, Sch 1.8 [2] [3]; 2021 No 36, Sch 2[3]; 2022 No 44, Sch 1[4]; 2025 No 11, Sch 2[2].
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