Criminal Law (Sentencing) Act 1988 (SA)

South Australia

Criminal Law (Sentencing) Act 1988

An Act to consolidate and amend the law relating to sentencing and the enforcement of sentences; and to provide for other related matters.

The Parliament of South Australia enacts as follows:

Part 1Preliminary1Short title

This Act may be cited as the Criminal Law (Sentencing) Act 1988.

3Interpretation

(1)
In this Act, unless the contrary intention appears—
the Administrator means the person for the time being holding or acting in the office of the State Courts Administrator under the Courts Administration Act 1993;
authorised officer means—
(a)
the Sheriff; or
(b)
the Fines Enforcement and Recovery Officer; or
(c)
a Registrar of the Magistrates Court; or
(d)
the Registrar of the Youth Court; or
(e)
a person appointed under Part 9 as an authorised officer;
bond means an agreement (not being a bail agreement) entered into pursuant to the sentence of a court under which the defendant undertakes to the Crown to comply with the conditions of the agreement;
case manager means a person responsible for supervision of a person's participation in an intervention program;
CEO means the chief executive of the administrative unit of the Public Service that is responsible for assisting a Minister in the administration of the Correctional Services Act 1982;
community corrections officer means an officer or employee of the administrative unit of the Public Service that is responsible for assisting a Minister in the administration of the Correctional Services Act 1982 whose duties include the supervision of offenders in the community;
conditional release means conditional release from a training centre;
court—
(a)
means any court of criminal jurisdiction; and
(b)
in relation to the exercise of powers under this Act with respect to the variation, revocation or enforcement of an order of court or other related matters, means the court that made the order or a court of co-ordinate jurisdiction;
debtor means the person by whom a pecuniary sum is payable;
ERD Court means the Environment, Resources and Development Court;
Fines Enforcement and Recovery Officer means the Fines Enforcement and Recovery Officer under Part 9 Division 3;
home means a building, structure, vehicle or vessel, or part of a building, structure, vehicle or vessel, used as a place of residence;
injury, in relation to an offence, includes pregnancy, mental injury, shock, fear, grief, distress or embarrassment resulting from the offence;
intervention program means a program that provides—
(a)
supervised treatment; or
(b)
supervised rehabilitation; or
(c)
supervised behaviour management; or
(d)
supervised access to support services; or
(e)
a combination of any one or more of the above,
designed to address behavioural problems (including problem gambling), substance abuse or mental impairment;
intervention program manager means a person employed by the South Australian Courts Administration Authority to have general oversight of intervention programs and coordinate the implementation of relevant court orders (and includes a delegate of such a person);
intruder means a person who commits a criminal trespass;
Minister for Correctional Services means the Minister responsible for the administration of the Correctional Services Act 1982;
Minister for Youth Justice means the Minister responsible for the administration of the Youth Justice Administration Act 2016;
the Parole Board means the Parole Board of South Australia established under the Correctional Services Act 1982;
pecuniary sum means—
(a)
a fine; or
(b)
compensation; or
(c)
costs; or
(d)
a sum payable pursuant to a bond or to a guarantee ancillary to a bond; or
(e)
any other amount payable pursuant to an order or direction of a court,
and includes a VIC levy;
probationer means a defendant who has entered into a bond pursuant to this Act;
probative court means—
(a)
in the case of a bond entered into pursuant to an order of an appellate court on an appeal against sentence—the court that imposed that sentence;
(b)
in any other case—the court that made the order pursuant to which the defendant entered into the bond;
sale of property includes conversion of the property into money by any appropriate means;
sentence means—
(a)
the imposition of a penalty; or
(b)
the decision of a court to offer a defendant an opportunity to enter into a bond; or
(c)
the fixing, extending or negating of a non-parole period; or
(d)
the making of any other order or direction affecting penalty;
sentence of indeterminate duration means detention in custody until further order;
special Act means an Act, regulation, rule, by-law or other legislative instrument that creates an offence or prescribes a penalty for an offence;
VIC levy means a levy imposed under the Victims of Crime Act 2001 or a corresponding previous law;
working day means any day other than a Saturday, Sunday or public holiday;
youth has the same meaning as in the Young Offenders Act 1993;
Youth Court means the Youth Court of South Australia.
(2)
For the purposes of this Act, a person who pleads guilty to a charge of an offence will be taken to have been found guilty of the offence unless—
(a)
the plea is subsequently withdrawn; or
(b)
the person is adjudged incompetent to have made the plea.
(3)
For the purposes of this Act, a VIC levy imposed on a person will be taken to have been imposed by order of the court that found the person guilty of the offence that gave rise to the levy.

3AApplication of Act to youths

(1)
Subject to any provision of this Act to the contrary, this Act applies in relation to the sentencing of a youth and the enforcement of a sentence against a youth.
(2)
However, in the event of conflict between a provision of this Act and a provision of the Young Offenders Act 1993 or the Youth Court Act 1993, the latter provision prevails to the extent of that conflict.
(3)
In applying a provision of this Act to a youth who is being or has been dealt with as a youth (ie not as an adult)—
(a)
a reference to imprisonment is to be read as a reference to detention;
(b)
a reference to a warrant of commitment is to be read as an order for detention;
(c)
a reference to a prison is to be read as a reference to a training centre;
(d)
a reference to the CEO is to be read as a reference to the chief executive of the administrative unit of the Public Service that is responsible for assisting a Minister in the administration of the Youth Justice Administration Act 2016;
(e)
a reference to a community corrections officer is to be read as a reference to a community youth justice officer under the Youth Justice Administration Act 2016;
(f)
a reference to a bond, or to entering into a bond, is to be read as a reference to an order under section 26 of the Young Offenders Act 1993, or to becoming subject to such an order;
(g)
a reference to a probationer is to be read as a reference to a youth the subject of such an order;
(h)
a reference to the Minister for Correctional Services is to be read as a reference to the Minister for Youth Justice.

4Powers conferred by this Act are additional

Subject to this Act, the powers conferred on a court by this Act are in addition to, and do not derogate from, the powers conferred by any other Act or law to impose a penalty upon, or make any order or give any direction in relation to, a person found guilty of an offence.

5This Act does not affect power to deal with contempt

Nothing in this Act affects the powers of a court to punish a person for contempt of that court.

Part 2General sentencing provisionsDivision 1Procedural provisions6Determination of sentence

For the purpose of determining sentence, a court—
(a)
is not bound by the rules of evidence; and
(b)
may inform itself on matters relevant to the determination as it thinks fit; and
(c)
must act according to equity, good conscience and the substantial merits of the case without regard to technicalities and legal forms.

7Prosecutor to furnish particulars of victim's injury etc

(1)
Subject to subsection (2), the prosecutor must, for the purpose of assisting a court to determine sentence for an offence, furnish the court with particulars (that are reasonably ascertainable and not already before the court in evidence or a pre-sentence report) of—
1. (a)
  injury, loss or damage resulting from the offence; and
2. (b)
  injury, loss or damage resulting from—
  1. (i)
    any other offence that is to be taken into account specifically in the determination of sentence; or
  2. (ii)
    a course of conduct consisting of a series of criminal acts of the same or a similar character of which the offence for which sentence is to be imposed forms part.
(2)
The prosecutor may refrain from furnishing the court with particulars of injury, loss or damage suffered by a person if the person has expressed a wish to that effect to the prosecutor.
(2a)
If the offence is not an offence in relation to which a victim impact statement may be furnished in accordance with section 7A, the court must nevertheless allow particulars furnished under this section to include a victim impact statement unless the court determines that it would not be appropriate in the circumstances of the case (and the other provisions of this Division relating to victim impact statements apply to such a statement as if it were furnished under section 7A).
(3)
The validity of a sentence is not affected by non-compliance or insufficient compliance with this section.

7AVictim impact statements

(1)
A person who has suffered injury, loss or damage resulting from an indictable offence or a prescribed summary offence committed by another may furnish the sentencing court with a written personal statement (a victim impact statement) about the impact of that injury, loss or damage on the person and his or her family.
(3)
Before determining sentence for the offence, the court—
(a)
will, if the person so requested when furnishing the statement, allow the person an opportunity to read the statement out to the court; and
(b)
in any other case, will cause the statement to be read out to the court.
(3a)
If the court considers there is good reason to do so, it may, in order to assist a person who wishes to read out a victim impact statement to the court—
(a)
allow an audio or audio visual record of the person reading the statement to be played to the court; or
(b)
exercise any other powers that it has with regard to a vulnerable witness.
(3b)
Subject to subsection (3c) (but despite any other provision of this Act), the court must, if the person so requested when furnishing the statement, ensure that—
(a)
the defendant; or
(b)
if the defendant is a body corporate, a director or some other representative of the body corporate satisfactory to the court,
is present when the statement is read out to the court.
(3c)
Subsection (3b) does not apply if the court is satisfied that special reasons exist which make it inappropriate for the defendant or other person to be present, or that the presence of the defendant or other person may cause a disturbance or a threat to public order and safety (however, in such a case, the court must ensure that the defendant or other person is present by means of an audio visual link or audio link, if such facilities are reasonably available to the court, or that arrangements are otherwise made for the statement to be audiovisually recorded and played to the defendant or other person).
(4)
The validity of a sentence is not affected by non-compliance or insufficient compliance with this section.
(5)
In this section—
prescribed summary offence means—
(a)
a summary offence that results in the death of a victim or a victim suffering total incapacity; or
(b)
a summary offence (other than a summary offence of assault) that results in a victim suffering serious harm;
serious harm means—
(a)
harm that endangers a person's life; or
(b)
harm that consists of loss of, or serious and protracted impairment of, a part of the body or a physical or mental function; or
(c)
harm that consists of serious disfigurement;
total incapacity—a victim suffers total incapacity if the victim is permanently physically or mentally incapable of independent function.

7BCommunity impact statements

(1)
Any person may make a submission to the Commissioner for Victims' Rights for the purpose of assisting the Commissioner to compile information which may be included in a statement under this section.
(2)
In any proceedings to determine sentence for an offence, the prosecutor or the Commissioner for Victims' Rights may, if he or she thinks fit, furnish the sentencing court with—
(a)
a written statement about the effect of the offence, or of offences of the same kind, on people living or working in the location in which the offence was committed (a neighbourhood impact statement); or
(b)
a written statement about the effect of the offence, or of offences of the same kind, on the community generally or on any particular sections of the community (a social impact statement).
(3)
Before determining sentence for the offence, the court will cause the statement to be read out to the court by the prosecutor, or such other person as the court thinks fit, unless the court determines that it is inappropriate or would be unduly time consuming for the statement to be so read out.
(4)
The validity of a sentence is not affected by non‑compliance or insufficient compliance with this section.

7CStatements to be provided in accordance with rules

(1)
A statement to be furnished to a court under section 7A or 7B must comply with and be furnished in accordance with rules of court.
(2)
Nothing prevents a statement to be furnished to a court under section 7A or 7B from containing recommendations relating to the sentence to be determined by the court.
(3)
A copy of a statement to be furnished to a court under section 7A or 7B must be made available for inspection by the defendant or his or her counsel in accordance with rules of court and the defendant is entitled to make submissions to the court in relation to the statement.

7DExpert evidence

(1)
If a defendant is to be sentenced for an indictable offence and expert evidence is to be presented to the court by the defence, written notice of intention to introduce the evidence must be given to the Director of Public Prosecutions—
(a)
at least 28 days before the date appointed for submissions on sentence; or
(b)
if the evidence does not become available to the defence until later—as soon as practicable after it becomes available to the defence.
(2)
The notice must—
(a)
set out the name and qualifications of the expert; and
(b)
describe the general nature of the evidence and what it tends to establish.
(3)
The court may, on application by a defendant, exempt the defendant from the obligation imposed by this section.
(4)
If the defence proposes to introduce expert psychiatric evidence or other expert medical evidence relevant to the defendant's mental state or medical condition at the time of an alleged offence, the court may, on application by the prosecution, require the defendant to submit, at the prosecution's expense, to an examination by an independent expert approved by the court.
(5)
If a defendant fails to comply with a requirement of or under this section, the evidence will not be admitted without the court's permission (but the court cannot allow the admission of evidence if the defendant fails to submit to an examination by an independent expert under subsection (4)).
(6)
If the prosecution receives notice under this section of an intention to introduce expert evidence less than 28 days before the day appointed for submissions on sentence, the court may, on application by the prosecution, adjourn the sentencing to allow the prosecution a reasonable opportunity to obtain expert advice on the proposed evidence.
(7)
The court should grant an application for an adjournment under subsection (6) unless there are good reasons to the contrary.
(8)
The court may, on application by the prosecution, require the defendant to provide to the prosecution a copy of any report obtained by the defendant from a person proposed to be called to give expert evidence at the sentencing.

8Pre-sentence reports

(1)
A court may, if of the opinion that it would assist in determining sentence, order the preparation of pre-sentence reports on the physical or mental condition of the defendant, or on the personal circumstances and history of the defendant.
(2)
The court should not order the preparation of a pre-sentence report—
(a)
where the information sought by the court cannot be furnished within a reasonable time; or
(b)
where the penalty to be imposed is a mandatory penalty for which no other penalty can be substituted and a non-parole period is not in question.
(3)
A pre-sentence report may be given orally or in writing.
(4)
A copy of every written pre-sentence report received by a court must be furnished to the prosecutor and to the defendant or his or her counsel.
(5)
The person by whom a pre-sentence report is given is liable to be examined or cross-examined on any of the matters contained in the report and, in the case of a written report, must appear before the court for that purpose if requested to do so.
(6)
Where a statement of fact or opinion in a pre-sentence report is challenged by the prosecutor or the defendant, the court must disregard the fact or opinion unless it is substantiated on oath.

9Court to inform defendant of reasons etc for sentence

(1)
A court must, on sentencing a defendant who is present in court (whether in person or by video or audio link) for an offence or offences, state the sentence that it is imposing for the offence or offences and its reasons for imposing that sentence, including (for example) any reason why a sentence that would otherwise have been imposed for the offence or offences has been reduced.
(1a)
Nothing in subsection (1) requires a court to state any information that relates to a person's cooperation, or undertaking to cooperate, with a law enforcement agency.
(2)
The validity of a sentence is not affected by non-compliance or insufficient compliance with this section.

9ARectification of sentencing errors

(1)
A court that imposes, or purports to impose, a sentence on a defendant, or a court of co‑ordinate jurisdiction, may, on its own initiative or on application by the Director of Public Prosecutions or the defendant, make such orders as the court is satisfied are required to rectify an error of a technical nature made by the sentencing court in imposing, or purporting to impose, the sentence, or to supply a deficiency or remove an ambiguity in the sentencing order.
(2)
The Director of Public Prosecutions and the defendant are both parties to proceedings under this section.

9BPresence of defendant during sentencing proceedings

(1)
Subject to the following exceptions, a defendant who is to be sentenced for an indictable offence must be present when the sentence is imposed and throughout all proceedings relevant to the determination of sentence.
Exceptions—
1The defendant may, with the prosecutor's consent, be absent during the whole or part of the proceedings.
2The court may exclude the defendant from the courtroom if satisfied that the exclusion is necessary in the interests of safety or for the orderly conduct of the proceedings. However, if such an exclusion is made, the court should (if practicable) make arrangements to enable the defendant to see and hear the proceedings by videolink.
(2)
If the defendant is a body corporate, the requirement is satisfied by the presence of a director or some other representative of the body corporate satisfactory to the court but, in that case, either the prosecutor or the court may waive the requirement.
(3)
A court may make any order necessary to secure compliance with this section and, if necessary, issue a warrant to have the defendant (or, if the defendant is a body corporate, a director or other representative of the defendant) arrested and brought before the court.
(4)
This section—
1. (a)
  does not prevent the passing of sentence, in the absence of the defendant, in a case where the defendant cannot be found; and
2. (b)
  does not invalidate a sentence passed in the absence of the defendant.

9CSentencing of Aboriginal defendants

(1)
Before sentencing an Aboriginal defendant, the court may, with the defendant's consent, and with the assistance of an Aboriginal Justice Officer—
(a)
convene a sentencing conference; and
(b)
take into consideration views expressed at the conference.
(2)
A sentencing conference must comprise—
(a)
the defendant and, if the defendant is a child, the defendant's parent or guardian; and
(b)
the defendant's legal representative (if any); and
(c)
the prosecutor; and
(d)
if the victim chooses to be present at the conference—the victim, and, if the victim so desires, a person of the victim's choice to provide assistance and support; and
(e)
if the victim is a child—the victim's parent or guardian.
(3)
A sentencing conference may also include (if the court thinks the person may contribute usefully to the sentencing process) one or more of the following:
(a)
a person regarded by the defendant, and accepted within the defendant's Aboriginal community, as an Aboriginal elder;
(b)
a person accepted by the defendant's Aboriginal community as a person qualified to provide cultural advice relevant to sentencing of the defendant;
(c)
a member of the defendant's family;
(d)
a person who has provided support or counselling to the defendant;
(e)
any other person.
(4)
A person will be taken to be an Aboriginal person for the purposes of this section if—
(a)
the person is descended from an Aboriginal or Torres Strait Islander; and
(b)
the person regards himself or herself as an Aboriginal or Torres Strait Islander or, if the person is a young child, at least one of the parents regards the child as an Aboriginal or Torres Strait Islander; and
(c)
the person is accepted as an Aboriginal or Torres Strait Islander by an Aboriginal or Torres Strait Islander community.
(5)
In this section—
Aboriginal Justice Officer means a person employed by the South Australian Courts Administration Authority whose duties include—
(a)
assisting the court in sentencing of Aboriginal persons by providing advice on Aboriginal society and culture; and
(b)
assisting the court to convene sentencing conferences under this section; and
(c)
assisting Aboriginal persons to understand court procedures and sentencing options and to comply with court orders;
close personal relationship means the relationship between 2 adult persons (whether or not related by family and irrespective of their gender) who live together as a couple on a genuine domestic basis, but does not include—
(a)
the relationship between a legally married couple; or
(b)
a relationship where 1 of the persons provides the other with domestic support or personal care (or both) for fee or reward, or on behalf of some other person or an organisation of whatever kind;
Note—
Two persons may live together as a couple on a genuine domestic basis whether or not a sexual relationship exists, or has ever existed, between them.
domestic partner—a person is the domestic partner of another if he or she lives with the other in a close personal relationship;
family includes—
(a)
the defendant's spouse or domestic partner; and
(b)
any person to whom the defendant is related by blood; and
(c)
any person who is, or has been, a member of the defendant's household; and
(d)
any person held to be related to the defendant according to Aboriginal or Torres Strait Islander kinship rules and observances;
spouse—a person is the spouse of another if they are legally married.

9DERD Court sentencing conferences

(1)
Before sentencing a defendant, the ERD Court may, if the defendant expresses contrition for the offence and consents to the convening of a sentencing conference, convene a sentencing conference.
(2)
A sentencing conference is to comprise—
(a)
the defendant; and
(b)
the defendant's legal representative (if any); and
(c)
the prosecutor; and
(d)
such representatives of persons affected by the commission of the offence as the Court thinks appropriate; and
(e)
such other persons as the Court thinks may contribute usefully to the sentencing process.
(3)
The primary purpose of a sentencing conference is to negotiate action that the defendant is to take to make reparation for any injury, loss or damage resulting from the offence, or to otherwise show contrition for the offence.

Division 2General sentencing powers9EPurpose and application of Division

(1)
Except where the contrary intention appears, this Division qualifies rather than displaces the common law principles in relation to sentencing.
(2)
Except where the contrary intention expressly appears, this Division is in addition to, and does not derogate from, a provision of this Act or any other Act—
(a)
that expressly prohibits the reduction, mitigation or substitution of penalties or sentences; or
(b)
that limits or otherwise makes special provision in relation to the way a penalty or sentence for a particular offence under that Act may be imposed.

10Sentencing considerations

(1)
In determining the sentence for an offence, a court must have regard to such of the following factors and principles as may be relevant:
(a)
the circumstances of the offence;
(b)
other offences (if any) that are to be taken into account;
(c)
if the offence forms part of a course of conduct consisting of a series of criminal acts of the same or a similar character—that course of conduct;
(d)
the personal circumstances of any victim of the offence;
(e)
any injury, loss or damage resulting from the offence;
(f)
if the offence was committed by an adult in circumstances where the offending conduct was seen or heard by a child (other than the victim (if any) of the offence or another offender)—those circumstances;
(g)
the degree to which the defendant has shown contrition for the offence (including by taking action to make reparation for any injury, loss or damage resulting from the offence);
(h)
the degree to which the defendant has cooperated in the investigation of the offence;
(i)
the deterrent effect any sentence under consideration may have on the defendant or other persons;
(j)
the need to ensure that the defendant is adequately punished for the offence;
(k)
if a forfeiture of property (other than a forfeiture that merely neutralises a benefit that has been obtained through the commission of the offence) is, or is to be imposed, as a result of the commission of the offence—the nature and extent of the forfeiture;
(l)
the character, antecedents, age, means and physical or mental condition of the defendant;
(m)
the rehabilitation of the defendant;
(n)
the probable effect any sentence under consideration would have on dependants of the defendant;
(o)
any other relevant matter.
(2)
In determining the sentence for an offence, a court must give proper effect to the following:
(a)
the need to protect the safety of the community;
(b)
the need to protect the security of the lawful occupants of their home from intruders;
(c)
in the case of an offence involving the sexual exploitation of a child—the need to protect children by ensuring that paramount consideration is given to the need for general and personal deterrence;
(d)
in the case of an offence involving arson or causing a bushfire—
(i)
the need to protect the community from offending of such extreme gravity by ensuring that paramount consideration is given to the need for general and personal deterrence; and
(ii)
the fact that the offender should, to the maximum extent possible, make reparation for the harm done to the community by his or her offending;
(e)
in the case of an offence involving a firearm—the need to protect the safety of the community by ensuring that paramount consideration is given to the need for general and personal deterrence.
(3)
In determining the sentence for an offence, a court must not have regard to any of the following:
(a)
the fact that a mandatory minimum non‑parole period is prescribed in respect of the sentence for the offence under this Act or another Act;
(b)
any consequences that may arise under the Child Sex Offenders Registration Act 2006;
(ba)
the good character or lack of previous convictions of the defendant if—
(i)
the offence is a class 1 or class 2 offence within the meaning of the Child Sex Offenders Registration Act 2006; and
(ii)
the court is satisfied that the defendant's alleged good character or lack of previous convictions was of assistance to the defendant in the commission of the offence.
(4)
If a defendant has participated in an intervention program, a court may treat the defendant's participation in the program, and the defendant's achievements in the program, as relevant to sentence.
(5)
However, the fact that a defendant—
(a)
has not participated in, or has not had the opportunity to participate in, an intervention program; or
(b)
has performed badly in, or has failed to make satisfactory progress in, such a program,
is not relevant to sentence.

10AReduction of sentences for cooperation etc with law enforcement agency

(1)
A court may declare a defendant to be a defendant to whom this section applies if the court is satisfied that the defendant has cooperated or undertaken to cooperate with a law enforcement agency and the cooperation—
1. (a)
  relates directly to combating serious and organised criminal activity; and
2. (b)
  is provided in exceptional circumstances; and
3. (c)
  contributes significantly to the public interest.
(2)
In determining sentence for an offence or offences to which a defendant has pleaded guilty or in respect of which a defendant has been found guilty, the court may, if the defendant is the subject of a declaration under subsection (1), reduce the sentence that it would otherwise have imposed by such percentage as the court thinks appropriate in the circumstances.
(3)
In determining the percentage by which a sentence is to be reduced under this section, the court must have regard to such of the following as may be relevant:
1. (a)
  if the defendant has pleaded guilty to the offence or offences—that fact and the circumstances of the plea;
2. (b)
  the nature and extent of the defendant's cooperation or undertaking;
3. (c)
  the timeliness of the cooperation or undertaking;
4. (d)
  the truthfulness, completeness and reliability of any information or evidence provided by the defendant;
5. (e)
  the evaluation (if any) by the authorities of the significance and usefulness of the defendant's cooperation or undertaking;
6. (f)
  any benefit that the defendant has gained or is likely to gain by reason of the cooperation or undertaking;
7. (g)
  the degree to which the safety of the defendant (or some other person) has been put at risk of violent retribution as a result of the defendant's cooperation or undertaking;
8. (h)
  whether the cooperation or undertaking concerns an offence for which the defendant is being sentenced or some other offence, whether related or unrelated (and, if related, whether the offence forms part of a criminal enterprise);
9. (i)
  whether, as a consequence of the defendant's cooperation or undertaking, the defendant would be likely to suffer violent retribution while serving any term of imprisonment, or be compelled to serve any such term in particularly severe conditions;
10. (j)
  the nature of any steps that would be likely to be necessary to protect the defendant on his or her release from prison;
11. (k)
  the likelihood that the defendant will commit further offences,

and may have regard to any other factor or principle the court thinks relevant.

(4)
Nothing in this section affects the operation of sections 15, 16 and 17.
(5)
In this section—

serious and organised criminal activity includes any activity that may constitute a serious and organised crime offence within the meaning of the Criminal Law Consolidation Act 1935.

10ABReduction of sentences for cooperation with procedural requirements

(1)
If a defendant has not pleaded guilty to an indictable offence but the sentencing court is satisfied that the defendant complied with all statutory or court ordered requirements relating to pre‑trial disclosure and procedures and has otherwise conducted their case in a cooperative and expeditious manner, the sentencing court may reduce the sentence that it would otherwise have imposed by up to 10%.
(2)
In determining the percentage by which a sentence for an offence is to be reduced in accordance with this section, the court must have regard to—
1. (a)
  the impact of the proceedings on any victim of the offence; and
2. (b)
  the utilitarian benefit to the community of the defendant's conduct in relation to the proceedings,

and may have regard to any factor or principle the court thinks relevant.

(3)
Nothing in this section affects the operation of sections 15, 16 and 17.

10BReduction of sentences for guilty plea in Magistrates Court etc

(1)
This section applies—
1. (a)
  if the offence is a summary offence; or
2. (b)
  if the sentencing court is sentencing in relation to a minor indictable offence that has been tried in the same way as a summary offence; or
3. (c)
  in any other circumstances prescribed by the regulations.
(2)
Subject to this section, if a defendant has pleaded guilty to an offence or offences—
1. (a)
  not more than 4 weeks after the defendant first appears in a court in relation to the relevant offence or offences—the sentencing court may reduce the sentence that it would otherwise have imposed by up to 40%;
2. (b)
  more than 4 weeks after the defendant first appears in a court in relation to the relevant offence or offences but—
  1. (i)
    if a date has been set for a trial for the offence or offences—not less than 4 weeks before that day; or
  2. (ii)
    in any other case—before the commencement of the trial for the offence or offences,
the sentencing court may reduce the sentence that it would otherwise have imposed by up to 30%;
1. (c)
  less than 4 weeks before the day set for trial for the offence or offences, and if the defendant satisfies the sentencing court that he or she could not reasonably have pleaded guilty at an earlier stage in the proceedings because of circumstances outside of his or her control—the sentencing court may reduce the sentence that it would otherwise have imposed by up to 30%;
2. (d)
  in circumstances other than those referred to in a preceding paragraph—the sentencing court may, if satisfied that there is good reason to do so, reduce the sentence that it would otherwise have imposed by up to 10%.
(3)
If—
1. (a)
  a maximum reduction available under subsection (2) does not apply in relation to a defendant's plea of guilty because the defendant did not plead guilty within the relevant period; and
2. (b)
  the court is satisfied that the only reason that the defendant did not plead guilty within the relevant period was because—
  1. (i)
    the court did not sit during that period; or
  2. (ii)
    the court did not sit during that period at a place where the defendant could reasonably have been expected to attend; or
  3. (iii)
    the court did not list the defendant's matter for hearing during that period; or
  4. (iv)
    the court was, for any other reason outside of the control of the defendant, unable to hear the defendant's matter during that period; or
  5. (v)
    the prosecution was, for any reason outside of the control of the defendant, unable to finalise negotiations with the defendant in relation to the plea during that period,

the court may nevertheless reduce the sentence that it would otherwise have imposed as if the defendant had pleaded guilty during the relevant period.

(4)
In determining the percentage by which a sentence for an offence is to be reduced in respect of a guilty plea made within a particular period, a court must have regard to such of the following as may be relevant:
1. (a)
  whether the reduction of the defendant's sentence by the percentage contemplated would be so disproportionate to the seriousness of the offence, or so inappropriate in the case of that particular defendant, that it would, or may, affect public confidence in the administration of justice;
2. (b)
  the stage in the proceedings for the offence at which the defendant first indicated his or her intention to plead guilty (including whether it would, in the opinion of the court, have been reasonable to expect the defendant to have done so at an earlier stage in the proceedings);
3. (c)
  the circumstances surrounding the plea;
4. (d)
  in the case where the defendant has been charged with more than 1 offence—whether the defendant pleaded guilty to all of the offences;
5. (e)
  whether or not the defendant was made aware of any relevant matter that would have enabled the defendant to plead guilty at an earlier stage in the proceedings,

and may have regard to any other factor or principle the court thinks relevant.

(5)
Nothing in this section affects the operation of sections 15, 16 and 17.
(6)
For the purposes of this section, a reference to a defendant appearing in a court will be taken to include a reference to a person appearing in a court on behalf of the defendant.

10CReduction of sentences for guilty pleas in other cases

(1)
This section applies to a court sentencing a defendant for an offence other than an offence described in section 10B(1).
(2)
If —
1. (a)
  a defendant in any proceedings is pleading guilty to more than 1 offence; and
2. (b)
  this section applies to at least 1 of the offences,

this section will be taken to apply to all of the offences (despite section 10B(1)).

(3)
If a defendant has pleaded guilty to an offence or offences—
1. (a)
  not more than 4 weeks after the defendant's first court appearance in relation to the relevant offence or offences—the sentencing court may reduce the sentence that it would otherwise have imposed by up to 40%;
2. (b)
  more than 4 weeks after the defendant's first court appearance in relation to the relevant offence or offences but on the day of, or before, the defendant's committal appearance in relation to the relevant offence or offences—the sentencing court may reduce the sentence that it would otherwise have imposed by up to 30%;
3. (c)
  during the period commencing on the day after the defendant's committal appearance in relation to the relevant offence or offences and ending immediately before the defendant is committed for trial for the offence or offences—the sentencing court may reduce the sentence that it would otherwise have imposed by up to 20%;
  Note—
  See also section 110(3) of the Criminal Procedure Act 1921
4. (d)
  during the period commencing immediately after the defendant is committed for trial for the relevant offence or offences and ending immediately after the arraignment appearance of the defendant in a superior court—the sentencing court may reduce the sentence that it would otherwise have imposed by up to 15%;
5. (e)
  during the period commencing immediately after the defendant's arraignment appearance in a superior court in relation to the relevant offence or offences and ending at the commencement of the defendant's trial for the relevant offence or offences—the sentencing court may, if satisfied that there is good reason to do so, reduce the sentence that it would otherwise have imposed by up to 10%.
(4)
If—
1. (a)
  a maximum reduction available under subsection (3) does not apply in relation to a defendant's plea of guilty because the defendant did not plead guilty within the relevant period; and
2. (b)
  the court is satisfied that the only reason that the defendant did not plead guilty within the relevant period was because—
  1. (i)
    the court did not sit during that period; or
  2. (ii)
    the court did not sit during that period at a place where the defendant could reasonably have been expected to attend; or
  3. (iii)
    the court did not list the defendant's matter for hearing during that period; or
  4. (iv)
    the court was, for any other reason outside of the control of the defendant, unable to hear the defendant's matter during that period; or
  5. (v)
    after the making of the charge determination (within the meaning of section 106 of the Criminal Procedure Act 1921)—the prosecution was, for any reason outside of the control of the defendant, unable to finalise negotiations with the defendant in relation to the plea during that period,

the court may nevertheless reduce the sentence that it would otherwise have imposed as if the defendant had pleaded guilty during the relevant period.

(5)
In determining the percentage by which a sentence for an offence is to be reduced in respect of a guilty plea made within a particular period, a court must have regard to such of the following as may be relevant:

1. (a)
  whether the reduction of the defendant's sentence by the percentage contemplated would be so disproportionate to the seriousness of the offence, or so inappropriate in the case of that particular defendant, that it would, or may, affect public confidence in the administration of justice;
2. (b)
  the stage in the proceedings for the offence at which the defendant indicated his or her intention to plead guilty (including whether it would, in the opinion of the court, have been reasonable to expect the defendant to have done so at an earlier stage in the proceedings);
3. (c)
  whether the defendant was initially charged with a different offence in respect of the same conduct and whether (and at what stage in the proceedings) negotiations occurred with the prosecution in relation to the offence charged;
4. (d)
  in the case where the defendant has been charged with more than 1 offence—whether the defendant pleaded guilty to all of the offences;
5. (e)
  if the defendant satisfies the court that the defendant could not reasonably have been expected to plead guilty at an earlier stage in the proceedings because of circumstances outside of the defendant's control—that fact;
6. (f)
  whether or not the defendant was made aware of any relevant matter that would have enabled the defendant to plead guilty at an earlier stage in the proceedings,

and may have regard to any factor or principle the court thinks relevant.

(6)
Nothing in this section affects the operation of sections 15, 16 and 17.
(7)
For the purposes of this section a reference to a defendant appearing in a court will be taken to include a reference to a person appearing in a court on behalf of the defendant.
(8)
Where proceedings have been instituted in a superior court by the Director of Public Prosecutions laying an information ex officio in accordance with section 103 of the Criminal Procedure Act 1921, this section applies in relation to those proceedings with the modifications prescribed by the regulations.
(9)
In this section—

committal appearance has the same meaning as in section 109 of the Criminal Procedure Act 1921.

10DApplication of sentencing reductions

(1)
For the purpose of applying section 10A, 10AB, 10B or 10C in sentencing a defendant for a particular offence, the sentencing court must—
(a)
first determine the sentence that the court would apply but for the existence of those provisions; and
(b)
then determine the maximum percentage reduction that is applicable to the sentencing in accordance with those provisions; and
(c)
then determine the percentage reduction that is, in the opinion of the court, appropriate in the particular case (being not more than the maximum percentage determined in accordance with paragraph (b)); and
(d)
finally, apply the percentage reduction determined in accordance with paragraph (c) to the sentence determined in accordance with paragraph (a).
(2)
A sentencing court that wants to apply section 18A to sentence a defendant to a single penalty for more than 1 offence must, if the court would otherwise be required to apply section 10A, 10AB, 10B or 10C in sentencing the defendant for any 1 or more of those offences (the discounted offences), determine, in accordance with subsection (1), the appropriate sentence for each discounted offence before applying section 18A to determine the total sentence (and for the purposes of section 18A, a reference to the maximum penalty that could be imposed in respect of an offence will, in the case of each discounted offence, be a reference to the sentence determined, in accordance with subsection (1), for that discounted offence).

11Imprisonment not to be imposed except in certain circumstances

(1)
A sentence of imprisonment may only be imposed—
1. (a)
  if, in the opinion of the court—
  1. (i)
    the defendant has shown a tendency to violence towards other persons; or
  2. (ii)
    the defendant is likely to commit a serious offence if allowed to go at large; or
  3. (iii)
    the defendant has previously been convicted of an offence punishable by imprisonment; or
  4. (iv)
    any other sentence would be inappropriate, having regard to the gravity or circumstances of the offence; or
2. (b)
  if a sentence of imprisonment is necessary to give proper effect to the policies of the criminal law stated in section 10.
(2)
This section does not apply to a sentence of imprisonment imposed for the enforcement of sentence.

13Order for payment of pecuniary sum not to be made in certain circumstances

(1)
The court must not make an order requiring a defendant to pay a pecuniary sum (other than a VIC levy) if the court is satisfied that the means of the defendant, so far as they are known to the court, are such that—
1. (a)
  the defendant would be unable to comply with the order; or
2. (b)
  compliance with the order would unduly prejudice the welfare of dependants of the defendant,

(and in such a case the court may, if it thinks fit, order the payment of a lesser amount).

(2)
Subject to subsection (3), the court is not obliged to inform itself as to the defendant's means, but it should consider any evidence on the subject that the defendant or the prosecutor has placed before it.
(3)
In considering whether the defendant would be able to comply with the order, the court should have regard to—
1. (a)
  the fact that the defendant could enter into an arrangement under Part 9 Division 3; and
2. (b)
  any information available to the court as to other pecuniary sums that have been paid, or are payable, by the defendant.

14Preference must be given to compensation for victims

Where a court considers—
(a)
that it is appropriate—
(i)
to make an order for compensation (under this Act or any other Act); and
(ii)
to impose a fine or make any other order for the payment of a pecuniary sum; but
(b)
that the defendant has insufficient means to pay both the compensation and the fine or other pecuniary sum,
the court must give preference to compensation.

14ACourt not to fix time for payment of pecuniary sums

(1)
Where a court makes an order requiring a defendant to pay a pecuniary sum, the court is not empowered to make any order relating to the time or manner in which the sum is to be paid (for those powers see Part 9).
(2)
Subsection (1) does not derogate from any order of a court or an officer of a court that was in force immediately before this section came into operation.

15Discharge without penalty

(1)
Where a court finds a person guilty of an offence but finds the offence so trifling that it is inappropriate to impose any penalty, it may—
(a)
without recording a conviction, dismiss the charge; or
(b)
upon recording a conviction, discharge the defendant without penalty.
(2)
A court may exercise the powers conferred by this section despite any minimum penalty fixed by a special Act.

16Imposition of penalty without conviction

Where a court finds a person guilty of an offence for which it proposes to impose a fine, a sentence of community service, or both and the court is of the opinion—
(a)
that the defendant is unlikely to commit such an offence again; and
(b)
that, having regard to—
(i)
the character, antecedents, age or physical or mental condition of the defendant; or
(ii)
the fact that the offence was trifling; or
(iii)
any other extenuating circumstances,
good reason exists for not recording a conviction,
the court may impose the penalty without recording a conviction.

17Reduction of minimum penalty

Where a special Act fixes a minimum penalty in respect of an offence and the court, having regard to—
(a)
the character, antecedents, age or physical or mental condition of the defendant; or
(b)
the fact that the offence was trifling; or
(c)
any other extenuating circumstances,
is of the opinion that good reason exists for reducing the penalty below the minimum, the court may so reduce the penalty.

18Court may add or substitute certain penalties

Where, on convicting a defendant or finding a defendant guilty of an offence, the court thinks that good reason exists for departing from the penalty provided by the special Act, the court may sentence the defendant as follows:
(a)
where the special Act prescribes a sentence of imprisonment only for the offence, the court may instead impose—
(i)
a fine; or
(ii)
a sentence of community service; or
(iii)
both a fine and a sentence of community service; or
(b)
where the special Act prescribes a sentence of both imprisonment and a fine for the offence, the court may instead impose—
(i)
a sentence of imprisonment only; or
(ii)
a fine only; or
(iii)
a sentence of community service; or
(iv)
both a fine and a sentence of community service; or
(c)
where the special Act prescribes a sentence of imprisonment or a fine in the alternative for the offence, the court may instead impose—
(i)
a sentence of community service; or
(ii)
both a fine and a sentence of community service; or
(d)
where the special Act prescribes a fine only for the offence, the court may instead impose a sentence of community service.

18ASentencing for multiple offences

(1)
If a person is found guilty by a court of a number of offences, the court may sentence the person to the one penalty for all or some of those offences, but the sentence cannot exceed the total of the maximum penalties that could be imposed in respect of each of the offences to which the sentence relates.
(2)
However, if any of the offences for which the person is being sentenced is a prescribed designated offence, subsection (1) does not apply to the sentencing of the person for that offence (but nothing in this subsection affects the operation of subsection (1) in respect of the other offences).
(3)
In this section—
prescribed designated offence has the same meaning as in section 38.

19Limitations on sentencing powers of Magistrates Court

(1)
The Magistrates Court does not, unless it is constituted of a Magistrate, have the power to impose a sentence of imprisonment.
(2)
If the Court, constituted otherwise than by a Magistrate, is of the opinion that a sentence of imprisonment should be imposed in any particular case, it may remand the defendant to appear for sentence before the Court constituted of a Magistrate.
(3)
The Magistrates Court does not have the power to impose—
1. (a)
  a sentence of imprisonment that exceeds—
  1. (i)
    if the penalty is for 1 offence—5 years; and
  2. (ii)
    if the penalty is for more than 1 offence—10 years; or
2. (b)
  a fine that exceeds $150 000.
(3a)
The limit imposed by subsection (3)(b) applies regardless of whether the relevant offence was committed before or after the commencement of that paragraph.
(4)
Subsection (3) applies whether the offence to which the sentence relates is a summary offence or an indictable offence.
(5)
If the Court is of the opinion in any particular case that a sentence should be imposed that exceeds the limits prescribed by subsection (3), the Court may remand the defendant to appear for sentence before a superior court.

19AANon‑association or place restriction orders may be issued on sentence

(1)
A court may, on sentencing a person for a prescribed offence, exercise the powers of the Magistrates Court to issue against the defendant a non‑association order or a place restriction order under the Summary Procedure Act 1921 as if a complaint had been made under that Act against the defendant in relation to that conviction (and if the person is already subject to such an order, the court may vary or revoke that order as if an application for variation or revocation of the order had been made under that Act, regardless of whether the order was made by it or by some other court).
(2)
A non‑association order or a place restriction order issued or varied under this section on sentencing a person for a prescribed offence—
1. (a)
  has effect as such an order under the Summary Procedure Act 1921; and
2. (b)
  is not a sentence for the purposes of this Act but may be taken into account in determining the sentence for the prescribed offence.
(3)
In this section—

prescribed offence has the same meaning as in Part 4 Division 5 of the Summary Procedure Act 1921.

19AIntervention orders may be issued on finding of guilt or sentencing

(1)
A court may, on finding a person guilty of an offence or on sentencing a person for an offence, exercise the powers of the Magistrates Court to issue against the defendant a restraining order under the Summary Procedure Act 1921 or an intervention order under the Intervention Orders (Prevention of Abuse) Act 2009 as if a complaint or application had been made under that Act against the defendant in relation to the matters alleged in the proceedings for the offence.
(1a)
Before issuing an order under this section the court must consider whether, if the whereabouts of the person for whose benefit the order would be issued are not known to the defendant, the issuing of the order would be counterproductive.
(1b)
If a court, in accordance with this section, determines to exercise the powers of the Magistrates Court to issue a restraining order under section 99AAC of the Summary Procedure Act 1921, section 99KA of that Act applies to proceedings relating to the restraining order as if—
1. (a)
  the court were the Magistrates Court; and
2. (b)
  the proceedings were child protection restraining order proceedings within the meaning of that section.
(2)
An order issued under this section—
1. (a)
  has effect—
  1. (i)
    as a restraining order under the Summary Procedure Act 1921; or
  2. (ii)
    as a final intervention order issued by the court under the Intervention Orders (Prevention of Abuse) Act 2009,
as the case may require; and
1. (b)
  is not a sentence for the purposes of this Act.
(3)
A court must, on finding a person guilty of a sexual offence or on sentencing a person for a sexual offence—
1. (a)
  consider whether or not an order should be issued under this section; and
2. (b)
  if the court determines that an order should not be issued under this section—give reasons for that determination (and the determination is subject to appeal as if it were an order of the court made on sentence).
(4)
In this section—

sexual offence means—
(a)
rape; or
(b)
compelled sexual manipulation; or
(c)
indecent assault; or
(d)
any offence involving unlawful sexual intercourse or an act of gross indecency; or
(e)
incest; or
(f)
any offence involving sexual exploitation or abuse of a child, or exploitation of a child as an object of prurient interest; or
(fa)
an offence of sexual exploitation of a person with a cognitive impairment under section 51 of the Criminal Law Consolidation Act 1935; or
(g)
any attempt to commit, or assault with intent to commit, any of the foregoing offences.

19BDeferral of sentence for rehabilitation and other purposes

(1)
A court may, on finding a person guilty of an offence (whether or not it proceeds to conviction), make an order adjourning proceedings to a specified date, and granting bail to the defendant in accordance with the Bail Act 1985—
1. (a)
  for the purpose of assessing the defendant's capacity and prospects for rehabilitation; or
2. (b)
  for the purpose of allowing the defendant to demonstrate that rehabilitation has taken place; or
3. (c)
  for the purpose of assessing the defendant's eligibility for participation in an intervention program; or
4. (d)
  for the purpose of allowing the defendant to participate in an intervention program; or
5. (e)
  for any other purpose the court considers appropriate in the circumstances.
(2)
As a general rule, proceedings may not be adjourned under this section (whether by a single adjournment or a series of adjournments) for more than 12 months from the date of the finding of guilt (the usual maximum).
(3)
A court may adjourn proceedings for a period exceeding the usual maximum if the defendant is, or will be, participating in an intervention program and the court is satisfied that—
1. (a)
  the defendant has, by participating in, or agreeing to participate in, the intervention program, demonstrated a commitment to addressing the problems out of which his or her offending arose; and
2. (b)
  if the proceedings were not adjourned for such a period—
  1. (i)
    the defendant would be prevented from completing, or participating in, the intervention program; and
  2. (ii)
    the defendant's rehabilitation would be prejudiced.
(4)
In considering whether to adjourn proceedings for a period exceeding the usual maximum, a court is not bound by the rules of evidence and may (in particular) inform itself on the basis of a written or oral report from a person who may be in a position to provide relevant information.
(5)
A person who provides information to the court by way of a written or oral report is liable to be cross-examined on any of the matters contained in the report.
(6)
If a statement of fact or opinion in a report is challenged by the prosecutor or the defendant, the court must disregard the fact or opinion unless it is substantiated on oath.
(7)
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.

19CMental impairment

(1)
A court that finds a defendant guilty of a summary or minor indictable offence may release the defendant without conviction or penalty if satisfied—
(a)
that the defendant—
(i)
suffers from a mental impairment that explains and extenuates, at least to some extent, the conduct that forms the subject matter of the offence; and
(ii)
has completed, or is participating to a satisfactory extent in, an intervention program; and
(iii)
recognises that he or she suffers from the mental impairment and is making a conscientious attempt to overcome behavioural problems associated with it; and
(b)
that the release of the defendant under this subsection would not involve an unacceptable risk to the safety of a particular person or the community.
(2)
A court may, at any time before a charge of a summary or minor indictable offence has been finally determined, dismiss the charge if satisfied—
(a)
that the defendant—
(i)
suffers from a mental impairment that explains and extenuates, at least to some extent, the conduct that forms the subject matter of the offence; and
(ii)
has completed, or participated to a satisfactory extent in, an intervention program; and
(iii)
recognises that he or she suffers from the mental impairment and is making a conscientious attempt to overcome behavioural problems associated with it; and
(b)
that dismissal of the charge under this subsection would not involve an unacceptable risk to the safety of a particular person or the community; and
(c)
that the court would not, if a finding of guilt were made, make an order requiring the defendant to pay compensation for injury, loss or damage resulting from the offence.
(3)
If the defendant is participating in, but has not completed, an intervention program, the court may, instead of dismissing the charge under subsection (2), release the defendant on an undertaking—
(a)
to complete the intervention program; and
(b)
to appear before the court for determination of the charge—
(i)
after the defendant has completed the intervention program; or
(ii)
if the defendant fails to complete the intervention program.
(4)
In deciding whether to exercise its powers under this section, the court—
(a)
may act on the basis of information that it considers reliable without regard to the rules of evidence; and
(b)
should, if proposing to dismiss a charge under subsection (2) or release a defendant on an undertaking under subsection (3), consider any information about the interests of possible victims that is before it (but is not obliged to inform itself on the matter).
(5)
In this section—
court means—
(a)
the Magistrates Court; or
(b)
the Youth Court; or
(c)
any other court authorised by regulation to exercise the powers conferred by this section;
mental impairment means an impaired intellectual or mental function resulting from a mental illness, an intellectual disability, a personality disorder, or a brain injury or neurological disorder (including dementia).

19DDeferral of sentence following ERD Court sentencing conference

(1)
The ERD Court may, on finding a person guilty of an offence (whether or not it proceeds to conviction), make an order adjourning proceedings to a specified date for the purpose of allowing the defendant to take action as agreed at a sentencing conference convened by the ERD Court.
(2)
As a general rule, proceedings should not be adjourned under this section (whether by a single adjournment or a series of adjournments) for more than 3 months from the date of the agreement reached at the sentencing conference.

(3)
This section does not limit any power that the Court has, apart from this section, to adjourn proceedings or to grant bail in relation to any period of adjournment.

Division 2AASerious firearm offenders20AAInterpretation

(1)
In this Division—
serious drug offence means an offence against section 32, 33, 33A, 33B, 33C, 33F, 33G, 33H, 33I, 33J, 33K, 33LA or 33LB of the Controlled Substances Act 1984;
serious firearm offender means a person who is, by virtue of the operation of section 20AAB, a serious firearm offender;
serious firearm offence means—
(a)
an offence against the Criminal Law Consolidation Act 1935 or the Firearms Act 2015 involving the use or carriage of—
(i)
a category H firearm—
(A)
that is unregistered at the time of the offence or is registered in the name of a person other than the defendant; and
(B)
for which the defendant does not, at the time of the offence, hold a firearms licence authorising possession of the firearm; or
(ii)
a category C firearm or category D firearm that is an automatic firearm; or
(iii)
a prescribed firearm (other than a firearm declared by the regulations to be excluded from the ambit of this subparagraph); or
(iv)
any other firearm declared by the regulations to be included in the ambit of this paragraph; or
(b)
an offence against the Criminal Law Consolidation Act 1935 or the Firearms Act 2015 involving the use or possession of a firearm and committed—
(i)
while the defendant is the subject of a control order under the Serious and Organised Crime (Control) Act 2008; or
(ii)
in the circumstances contemplated by section 5AA(1)(ga) of the Criminal Law Consolidation Act 1935; or
(iii)
while the defendant is the subject of a firearms prohibition order; or
(c)
an offence against section 29A of the Criminal Law Consolidation Act 1935; or
(d)
an offence against the Firearms Act 2015 involving the use or possession of a firearm if the use or possession of the firearm occurred in the course of, or was for a purpose related to, the commission of a serious drug offence; or
(e)
an offence against the Firearms Act 2015 committed while the defendant—
(i)
is on bail (being bail that was, at the relevant time, subject to the condition imposed by section 11(1)(a) of the Bail Act 1985); or
(ii)
is the subject of a bond under this or any other Act (being a bond that was, at the relevant time, subject to the condition imposed by section 42(a1)(a), or a condition of a similar kind); or
(iia)
is serving a sentence of imprisonment on home detention under a home detention order subject to the condition imposed by section 33BC(1)(d); or
(iii)
is on release from prison on home detention (being a release subject to the condition imposed by section 37A(3)(ca) of the Correctional Services Act 1982); or
(iv)
is on parole (being parole that was, at the relevant time, subject to the condition imposed by section 68(1)(a)(ia) of the Correctional Services Act 1982); or
(v)
is on release on licence from custody under this or any other Act (being a licence that was, at the relevant time, subject to a condition prohibiting the defendant from possessing a firearm, part of a firearm or ammunition); or
(f)
an offence against section 45(9) of the Firearms Act 2015; or
(g)
an offence against section 22(2)(a) of the Firearms Act 2015.
(2)
In this Division, the following terms have the same meaning as in the Firearms Act 2015:
(a)
automatic firearm;
(b)
category C firearm;
(c)
category D firearm;
(d)
category H firearm;
(e)
firearm;
(f)
firearms prohibition order;
(g)
prescribed firearm.
(3)
For the purposes of this Division, a reference to imprisonment includes, in the case of a youth, a reference to detention in a training centre or home detention (within the meaning of the Young Offenders Act 1993).

20AABSerious firearm offenders

(1)
A person will, by force of this section, be taken to be a serious firearm offender if he or she is convicted of a serious firearm offence (whether the offence was committed as an adult or as a youth).
(2)
Subsection (1) does not apply in relation to a conviction of a serious firearm offence if—
(a)
the defendant was prosecuted and punished as a principal offender in respect of the offence pursuant to section 267 of the Criminal Law Consolidation Act 1935; or
(b)
the defendant's liability in respect of the offence derives solely from his or her involvement in a joint criminal enterprise (however described).

20AACSentence of imprisonment not to be suspended

(1)
Subject to subsection (2), but despite any other provision of this Act or any other Act or law, the following provisions apply in relation to the sentencing of a person who is a serious firearm offender for a serious firearm offence (including where the offence is the serious firearm offence that resulted in the person being a serious firearm offender):
1. (a)
  if the maximum penalty for the serious firearm offence includes a period of imprisonment—a sentence of imprisonment must be imposed on the person;
2. (b)
  the sentence of imprisonment cannot be suspended;
3. (c)
  section 18 does not apply in respect of the sentencing of the person;
4. (d)
  if—
  1. (i)
    the person is also being sentenced in respect of other offences; and
  2. (ii)
    1 or more of those offences are not serious firearm offences,
section 18A does not apply to the sentencing of the person in respect of the serious firearm offence (however nothing in this paragraph affects the operation of section 18A in respect of the other offences).
(2)
A court sentencing a person who is a serious firearm offender for a serious firearm offence may declare that subsection (1)(b) does not apply to the person if he or she satisfies the court, by evidence given on oath, that—
1. (a)
  his or her personal circumstances are so exceptional as to outweigh the need for general and personal deterrence to be the paramount consideration in the sentencing (as set out in section 10(2)(e)); and
2. (b)
  it is, in all the circumstances, appropriate to suspend the sentence.
(3)
If subsection (2) applies, section 10(2)(e) is taken not to apply in relation to the sentencing.

Division 2ASerious repeat adult offenders and recidivist young offenders20AInterpretation and application

(1)
In this Division—
category A serious offence means any of the following serious offences:
(a)
home invasion;
(b)
a serious and organised crime offence;
(c)
a serious firearm offence;
home invasion means a criminal trespass committed in a place of residence while a person is lawfully present in the place and the trespasser knows of the person's presence or is reckless about whether anyone is in the place;
serious and organised crime offence has the same meaning as in the Criminal Law Consolidation Act 1935;
serious drug offence means—
(a)
an offence against Part 5 Division 2 or 3 of the Controlled Substances Act 1984 or a substantially similar offence against a corresponding previous enactment; or
(b)
a conspiracy to commit, or an attempt to commit, such an offence;
serious firearm offence means a serious firearm offence within the meaning of Part 2 Division 2AA;
serious offence means—
(a)
a serious drug offence; or
(ab)
an offence against a law of the Commonwealth dealing with the unlawful importation of drugs into Australia; or
(b)
one of the following offences:
(i)
an offence under Part 3 of the Criminal Law Consolidation Act 1935;
(ii)
an offence of robbery or aggravated robbery;
(iii)
home invasion;
(iv)
an offence of damage to property by fire or explosives;
(v)
an offence of causing a bushfire;
(vi)
an offence against a corresponding previous enactment substantially similar to an offence referred to in any of the preceding subparagraphs;
(vii)
a conspiracy to commit, or an attempt to commit, an offence referred to in any of the preceding subparagraphs; or
Note—
A person who acts as an accessary to the commission of an offence described in paragraph (b) is, by virtue of section 267 of the Criminal Law Consolidation Act 1935, guilty of the principal offence and has, therefore, committed a serious offence.
(c)
an offence that is committed in circumstances in which the offender uses violence or a threat of violence for the purpose of committing the offence, in the course of committing the offence, or for the purpose of escaping from the scene of the offence; or
(ca)
a serious firearm offence; or
(cb)
a serious and organised crime offence; or
(d)
an offence against the law of another State or a Territory that would, if committed in this State, be a serious offence;
serious repeat offender means—
(a)
a person who is a serious repeat offender pursuant to section 20B(a1); or
(b)
a person declared to be a serious repeat offender under section 20B(1); or
(c)
a person declared to be a serious repeat offender under section 20B as in force immediately before the commencement of section 17 of the Statutes Amendment (Serious Firearm Offences) Act 2012;
serious sexual offence means—
(a)
any of the following serious offences:
(i)
an offence against section 48, 48A, 49, 50, 56, 58, 59, 60, 63, 63B, 66, 67, 68 or 72 of the Criminal Law Consolidation Act 1935;
(ia)
an offence against a corresponding previous enactment substantially similar to an offence referred to in subparagraph (i);
(ii)
an attempt to commit or an assault with intent to commit any of those offences; or
(b)
an offence against the law of another State or a Territory corresponding to an offence referred to in paragraph (a).
(2)
For the purposes of this Division, an offence (other than a serious firearm offence) will not be regarded as a serious offence unless the maximum penalty prescribed for the offence is, or includes, imprisonment for at least 5 years.
(3)
An offence is one to which this Division applies if the offence is a serious offence and—
(a)
a sentence of imprisonment (other than a suspended sentence) has been imposed for the offence; or
(b)
if a penalty is yet to be imposed—a sentence of imprisonment (other than a suspended sentence) is, in the circumstances, the appropriate penalty.

20BSerious repeat offenders

(a1)
A person will, by force of this subsection, be taken to be a serious repeat offender if the person (whether as an adult or as a youth)—
(a)
has committed on at least 3 separate occasions a category A serious offence to which this Division applies (whether or not the same offence on each occasion); and
(b)
has been convicted of those offences.
(1)
Without limiting subsection (a1), a person is liable to be declared a serious repeat offender if the following conditions apply:
(a)
the person (whether as an adult or as a youth)—
(i)
has committed on at least 3 separate occasions an offence to which this Division applies (whether or not the same offence on each occasion); and
(ii)
has been convicted of those offences; or
(b)
the person (whether as an adult or as a youth)—
(i)
has committed on at least 2 separate occasions a serious sexual offence against a person or persons under the age of 14 years (whether or not the same offence on each occasion); and
(ii)
has been convicted of those offences; or
(c)
the person (whether as an adult or as a youth)—
(i)
has committed on at least 2 separate occasions a category A serious offence (whether or not the same offence on each occasion); and
(ii)
has been convicted of those offences.
(1a)
For the purposes of this section, when determining the number of occasions on which a person has committed a particular kind of offence, the offence for which the person is being sentenced is to be included if it is of the relevant kind.
(3)
If a court convicts a person of a serious offence, and the person is liable, or becomes liable as a result of the conviction, to a declaration that he or she is a serious repeat offender, the court—
(a)
must consider whether to make such a declaration; and
(b)
if of the opinion that the person's history of offending warrants a particularly severe sentence in order to protect the community—should make such a declaration.

20BASentencing of serious repeat offenders

(1)
The following provisions apply in relation to the sentencing of a person who is a serious repeat offender for an offence (including an offence that resulted in the person being a serious repeat offender):
(a)
the court sentencing the person is not bound to ensure that the sentence it imposes for the offence is proportional to the offence;
(b)
any non‑parole period fixed in relation to the sentence must be at least four‑fifths the length of the sentence.
(2)
However, a court that is sentencing a person who is a serious repeat offender for an offence may declare that subsection (1) does not apply if the person satisfies the court, by evidence given on oath, that—
(a)
his or her personal circumstances are so exceptional as to outweigh the primary policy of the criminal law of emphasising public safety; and
(b)
it is, in all the circumstances, not appropriate that he or she be sentenced as a serious repeat offender.

20CDeclaration that youth is recidivist young offender

(1)
A youth is liable to be declared a recidivist young offender if the following conditions apply:
1. (a)
  the youth—
  1. (i)
    has committed on at least 3 separate occasions an offence to which this Division applies (whether or not the same offence on each occasion); and
  2. (ii)
    has been convicted of those offences; or
2. (b)
  the youth—
  1. (i)
    has committed on at least 2 separate occasions a serious sexual offence against a person or persons under the age of 14 years (whether or not the same offence on each occasion); and
  2. (ii)
    has been convicted of those offences.
(2)
If a court convicts a youth of a serious offence, and the youth is liable, or becomes liable as a result of the conviction, to a declaration that he or she is a recidivist young offender, the court—
1. (a)
  must consider whether to make such a declaration; and
2. (b)
  if of the opinion that the youth's history of offending warrants a particularly severe sentence in order to protect the community—should make such a declaration.
(3)
If a court convicts a youth of a serious offence, and the youth is declared (or has previously been declared) to be a recidivist young offender—
1. (a)
  the court is not bound to ensure that the sentence it imposes for the offence is proportional to the offence (but, in the case of the Youth Court, the limitations relating to a sentence of detention under section 23 of the Young Offenders Act 1993 apply to the sentence that may be imposed by the Youth Court on the recidivist young offender); and
2. (b)
  any non‑parole period fixed in relation to the sentence must be at least four‑fifths the length of the sentence.

Division 3Sentences of indeterminate duration21Application

(1)
Subject to subsection (2), this Division does not apply in relation to a youth.
(2)
The Supreme Court may exercise its powers under section 23 in relation to a youth who is sentenced as an adult pursuant to the Young Offenders Act 1993.

23Offenders incapable of controlling, or unwilling to control, sexual instincts

(1)
In this section—

institution means—
(a)
a prison; and
(b)
a place declared by the Governor by proclamation to be a place in which persons may be detained under this section; and
(c)
in relation to a youth, includes a training centre;
person to whom this section applies means—
(a)
a person convicted by the Supreme Court of a relevant offence; or
(b)
a person remanded by the District Court or the Magistrates Court under subsection (2) to be dealt with by the Supreme Court under this section; or
(c)
a person who is the subject of an application by the Attorney-General under subsection (2a);
relevant offence means—
(a)
an offence under section 48, 48A, 49, 50, 56, 58, 59, 63, 63A, 63B, 69 or 72 of the Criminal Law Consolidation Act 1935; or
(b)
an offence under section 23 of the Summary Offences Act 1953; or
(ba)
an offence against a corresponding previous enactment substantially similar to an offence referred to in either of the preceding paragraphs; or
(c)
any other offence where the evidence indicates that the defendant may be incapable of controlling, or unwilling to control, his or her sexual instincts; or
(d)
an offence of failing to comply with a reporting obligation relating to reportable contact with a child without a reasonable excuse where the defendant is a registrable offender within the meaning of the Child Sex Offenders Registration Act 2006;
unwilling—a person to whom this section applies will be regarded as unwilling to control sexual instincts if there is a significant risk that the person would, given an opportunity to commit a relevant offence, fail to exercise appropriate control of his or her sexual instincts.

(2)
If, in proceedings before the District Court or Magistrates Court, a person is convicted of a relevant offence and—
1. (a)
  the court is of the opinion that the defendant should be dealt with under this section; or
2. (b)
  the prosecutor applies to have the defendant dealt with under this section,

the court will, instead of sentencing the defendant itself, remand the convicted person, in custody or on bail, to appear before the Supreme Court to be dealt with under this section.

(2a)
If a person has been convicted of a relevant offence, the Attorney-General may, while the person remains in prison serving a sentence of imprisonment, apply to the Supreme Court to have the person dealt with under this section.
(2b)
The Attorney-General may make an application under subsection (2a) in respect of a person serving a sentence of imprisonment whether or not an application to the Supreme Court to have the person dealt with under this section has previously been made (but, if a previous application has been made, a further application cannot be made more than 12 months before the person is eligible to apply for release on parole).
(3)
The Supreme Court must, before determining whether to make an order that a person to whom this section applies be detained in custody until further order, direct that at least 2 legally qualified medical practitioners (to be nominated by a prescribed authority for the purpose) inquire into the mental condition of a person to whom this section applies and report to the Court on whether the person is incapable of controlling, or unwilling to control, his or her sexual instincts.
(4)
The Supreme Court may order that a person to whom this section applies be detained in custody until further order if satisfied that the order is appropriate.
(5)
The paramount consideration of the Supreme Court in determining whether to make an order that a person to whom this section applies be detained in custody until further order must be the safety of the community.
(5a)
The Supreme Court must also take the following matters into consideration in determining whether to make an order that a person to whom this section applies be detained in custody until further order:
1. (a)
  the reports of the medical practitioners (as directed and nominated under subsection (3)) furnished to the Court;
2. (b)
  any relevant evidence or representations that the person may desire to put to the Court;
3. (c)
  any report required by the Court under section 25;
4. (d)
  any other matter that the Court thinks relevant.
(5b)
A copy of a report furnished to the Supreme Court under subsection (5a) must be given to each party to the proceedings or to counsel for those parties.
(5c)
If a person to whom this section applies refuses to cooperate with an inquiry or examination for the purposes of this section, the Supreme Court may, if satisfied that the order is appropriate, order that the person be detained in custody until further order having given—
1. (a)
  paramount consideration to the safety of the community; and
2. (b)
  consideration to any relevant evidence and representations that the person may desire to put to the Court.
(6)
If a person to whom this section applies has not been sentenced for a relevant offence, the Supreme Court will deal with the question of sentence at the same time as it deals with the question whether an order is to be made under this section and, if the Court decides to make such an order, the order may be made in addition to, or instead of, a sentence of imprisonment.
(7)
If the detention is in addition to a sentence of imprisonment, the detention will commence on the expiration of the term of imprisonment, or of all terms of imprisonment that the person is liable to serve.

4.3.2013
s 20BA	inserted by 33/2012 s 18	4.3.2013
s 20C	inserted by 52/2009 s 8	27.6.2010
Pt 2 Div 3
s 21	substituted by 94/1993 s 8	1.1.1994
s 22
s 22(1)	amended by 49/1991 Sch 2	6.7.1992
amended by 69/1995 s 12 (Sch)	18.12.1995
amended by 26/2002 s 19(2) (Sch 3 cl 2)	5.7.2003
deleted by 23/2003 s 5	27.7.2003
s 23
s 23(1)
institution	amended by 68/1996 s 10	8.10.1996
offence to which this section applies	amended by 69/1995 s 12 (Sch)	18.12.1995
deleted by 31/2005 s 7(1)	11.8.2005
person to whom this section applies	inserted by 31/2005 s 7(1)	11.8.2005
relevant offence	inserted by 31/2005 s 7(1)	11.8.2005
amended by 10/2008 Sch 1 cl 4(1), (2)	23.11.2008
amended by 52/2009 s 9	27.6.2010
amended by 77/2013 s 4(1)	12.12.2013
unwilling	inserted by 31/2005 s 7(1)	11.8.2005
s 23(2)	amended by 69/1995 s 12 (Sch)	18.12.1995
substituted by 31/2005 s 7(2)	11.8.2005
s 23(2a)	inserted by 31/2005 s 7(2)	11.8.2005
s 23(2b)	inserted by 27/2007 s 7	1.11.2007
s 23(3)	substituted by 31/2005 s 7(2)	11.8.2005
substituted by 77/2013 s 4(2)	12.12.2013
s 23(4)	amended by 42/1999 s 36	3.10.1999
substituted by 31/2005 s 7(2)	11.8.2005
substituted by 77/2013 s 4(2)	12.12.2013
s 23(5)	substituted by 31/2005 s 7(2)	11.8.2005
substituted by 77/2013 s 4(2)	12.12.2013
s 23(5a)—(5c)	inserted by 77/2013 s 4(2)	12.12.2013
s 23(6)	substituted by 31/2005 s 7(2)	11.8.2005
s 23(8)	amended by 69/1995 s 12 (Sch)	18.12.1995
amended by 6/2016 Sch 1 cl 6(1)	1.12.2016
s 23(9)	substituted by 77/2013 s 4(3)	12.12.2013
s 23(10)	amended by 69/1995 s 12 (Sch)	18.12.1995
amended by 77/2013 s 4(4), (5)	12.12.2013
amended by 6/2016 Sch 1 cl 6(2)	1.12.2016
s 23(11)	amended by 49/1991 Sch 2	6.7.1992
deleted by 77/2013 s 4(6)	12.12.2013
s 23(12)	deleted by 77/2013 s 4(6)	12.12.2013
s 23A	inserted by 77/2013 s 5	12.12.2013
s 24
s 24(1)	amended by 49/1991 Sch 2	6.7.1992
s 24(1a)—(1d)	inserted by 77/2013 s 6(1)	12.12.2013
s 24(2)	amended by 77/2013 s 6(2)	12.12.2013
s 24(2a)	inserted by 33/2012 s 19(1)	4.3.2013
amended by 46/2015 Sch 1 cl 11	1.7.2017
s 24(3)	amended by 33/2012 s 19(2)	4.3.2013
amended by 78/2013 s 9	5.12.2015
s 24(5)	amended by 49/1991 Sch 2	6.7.1992
amended by 34/1992 s 6(a), (b)	30.9.1992
s 24(5a)	inserted by 34/1992 s 6(c)	30.9.1992
s 24(5b)	inserted by 33/2012 s 19(3)	4.3.2013
s 24(6)	substituted by 34/1992 s 6(d)	30.9.1992
amended by 18/2000 s 5(a), (b)	1.7.2000
s 24(7)	amended by 34/1992 s 6(e)	30.9.1992
amended by 18/2000 s 5(c)	1.7.2000
s 24(8a)	inserted by 18/2000 s 5(d)	1.7.2000
s 24(11)	amended by 49/1991 Sch 2	6.7.1992
s 24(12)
the appropriate board	amended by 34/1992 s 6(f), (g)	30.9.1992
s 24A	inserted by 33/2012 s 20	4.3.2013
s 25
s 25(1)	amended by 77/2013 s 7	12.12.2013
s 25A	inserted by 77/2013 s 8	12.12.2013
s 26	amended by 49/1991 Sch 2	6.7.1992
s 27	amended by 68/1996 s 11	8.10.1996
amended by 29/2003 s 3	27.7.2003
s 27A	inserted by 76/1988 s 2	1.12.1988
s 27A(1), (2), (5) and (6)	amended by 49/1991 Sch 2	6.7.1992
Pt 2 Div 4	inserted by 29/2003 s 4	27.7.2003
s 29B
s 29B(2)	amended by 47/2007 Sch 1 cl 1	17.7.2008
Pt 2 Div 5	inserted by 31/2005 s 8	11.8.2005
Pt 2 Div 6	inserted by 12/2012 s 27	17.6.2012
heading	substituted by 51/2012 s 5	11.3.2013
s 29DA	inserted by 51/2012 s 6	11.3.2013
s 29E
s 29E(5a)	inserted by 25/2014 s 11	11.12.2014
Pt 3
Pt 3 Div 1
s 30
s 30(1)	amended by 20/2016 s 5	1.9.2016
s 30(2)	substituted by 27/2007 s 8	1.11.2007
s 31
s 31(1)	amended by 57/2000 s 19(a)	14.8.2000
s 31(2)	amended by 57/2000 s 19(b)	14.8.2000
s 31(3)	substituted by 59/1994 Sch 2	1.1.1995
s 31(4)	inserted by 68/1996 s 12	8.10.1996
Pt 3 Div 2
s 31A	inserted by 68/1996 s 13	8.10.1996
s 31A(a1)	inserted by 61/2013 s 6(1)	14.11.2013
amended by 67/2017 s 5	12.12.2017
s 31A(1)	s 31A amended and redesignated as s 31A(1) by 41/1998 s 4(a), (b)	1.10.1998
amended by 61/2013 s 6(2)	14.11.2013
s 31A(2)	inserted by 41/1998 s 4(b)	1.10.1998
s 32
s 32(1)	amended by 34/1992 s 7(a)	30.9.1992
s 32(2)	amended by 57/2000 s 20(a)—(c)	14.8.2000
s 32(3)	substituted by 34/1992 s 7(b)	30.9.1992
amended by 69/1995 s 12 (Sch)	18.12.1995
s 32(5)	amended by 69/1995 s 12 (Sch)	18.12.1995
amended by 41/1998 s 5	1.10.1998
amended by 57/2000 s 20(d), (e)	14.8.2000
amended by 27/2007 s 9(1), (2)	1.11.2007
s 32(5a)	inserted by 27/2007 s 9(3)	1.11.2007
substituted by 52/2009 s 10	27.6.2010
s 32(6)	amended by 49/1991 Sch 2	6.7.1992
amended by 34/1992 s 7(c)	30.9.1992
amended by 69/1995 s 12 (Sch)	18.12.1995
amended by 57/2000 s 20(f)	14.8.2000
s 32(6a)	inserted by 34/1992 s 7(d)	30.9.1992
amended by 69/1995 s 12 (Sch)	18.12.1995
amended by 57/2000 s 20(g)	14.8.2000
s 32(7)	amended by 49/1991 Sch 2	6.7.1992
amended by 34/1992 s 7(e)	30.9.1992
amended by 69/1995 s 12 (Sch)	18.12.1995
amended by 57/2000 s 20(h)—(j)	14.8.2000
s 32(9)	amended by 57/2000 s 20(k)	14.8.2000
s 32(10)	amended by 49/1991 Sch 2	6.7.1992
amended by 34/1992 s 7(f)	30.9.1992
amended by 69/1995 s 12 (Sch)	18.12.1995
amended by 57/2000 s 20(l)	14.8.2000
amended by 27/2007 s 9(4), (5)	1.11.2007
s 32A	inserted by 27/2007 s 10	1.11.2007
s 33	deleted by 60/1998 s 14	6.3.2000
Pt 3 Div 3	inserted by 27/2007 s 10	1.11.2007
s 33
s 33(1)
serious sexual offence	amended by 52/2009 s 11(1), (2)	27.6.2010
amended by 28/2016 s 18	16.6.2016
Pt 3 Div 3A	inserted by 20/2016 s 6	1.9.2016
Pt 3 Div 4	inserted by 17/2012 s 7	5.8.2012
Pt 4
s 34	amended by 69/1995 s 12 (Sch)	18.12.1995
amended by 68/1996 s 14	8.10.1996
s 35	amended by 34/1992 s 8	30.9.1992
deleted by 60/1998 s 15	6.3.2000
Pt 5	heading substituted by 94/1993 s 9	1.1.1994
amended by 68/1996 s 15	8.10.1996
ss 36 and 37	amended by 69/1995 s 12 (Sch)	18.12.1995
s 38
s 38(1)	amended by 53/2013 s 4(1)	24.11.2013
s 38(2)	substituted by 10/2014 s 5(1)	2.11.2014
s 38(2a)	inserted by 13/1999 s 7	16.5.1999
substituted by 10/2014 s 5(1)	2.11.2014
s 38(2b)	inserted by 13/1999 s 7	16.5.1999
substituted by 53/2013 s 4(2)	24.11.2013
substituted by 10/2014 s 5(1)	2.11.2014
s 38(2ba)	inserted by 53/2013 s 4(2)	24.11.2013
amended by 10/2014 s 5(2), (3)	2.11.2014
s 38(2c)	inserted by 13/1999 s 7	16.5.1999
amended by 42/1999 s 37	3.10.1999
s 38(4)	inserted by 53/2013 s 4(3)	24.11.2013
prescribed designated offence	inserted by 10/2014 s 5(4)	2.11.2014
s 39
s 39(1)	amended by 69/1995 s 5(a)	18.12.1995
amended by 13/1999 s 8(a)	16.5.1999
s 39(1a)	inserted by 13/1999 s 8(b)	16.5.1999
s 39(2)	amended by 69/1995 s 5(b)	18.12.1995
s 40	amended by 34/1992 s 9	30.9.1992
s 42
s 42(a1)	inserted by 33/2012 s 21(1)	4.3.2013
amended by 46/2015 Sch 1 cl 12	1.7.2017
s 42(1)	amended by 33/1993 s 3(a)	1.7.1994
amended by 13/1999 s 9(a)	16.5.1999
amended by 42/1999 s 38	3.10.1999
amended by 60/1998 s 16	6.3.2000
amended by 49/2005 s 10(1)	19.12.2005
amended by 33/2012 s 21(2)	4.3.2013
s 42(1a)	inserted by 69/1995 s 6(a)	18.12.1995
deleted by 13/1999 s 9(b)	16.5.1999
s 42(2)	amended by 13/1999 s 9(c), (d)	16.5.1999
s 42(3)	deleted by 69/1995 s 6(b)	18.12.1995
s 42(5)	inserted by 33/1993 s 3(b)	1.7.1994
s 42(6)—(8)	inserted by 49/2005 s 10(2)	19.12.2005
s 42A	inserted by 33/2012 s 22	4.3.2013
s 43	amended by 69/1995 s 12 (Sch)	18.12.1995
s 44
s 44(1)	amended by 69/1995 s 12 (Sch)	18.12.1995
s 44(1a)	inserted by 34/1992 s 10	30.9.1992
amended by 69/1995 s 12 (Sch)	18.12.1995
s 44(1b)	inserted by 34/1992 s 10	30.9.1992
s 44(1c)	inserted by 33/2012 s 23	4.3.2013
s 44(2)	amended by 69/1995 s 12 (Sch)	18.12.1995
amended by 47/2013 s 5(1)	17.5.2014
s 44(2a) and (2b)	inserted by 47/2013 s 5(2)	17.5.2014
s 44A	inserted by 94/1993 s 10	1.1.1994
amended by 69/1995 s 12 (Sch)	18.12.1995
deleted by 68/1996 s 16	8.10.1996
Pt 6
s 45	substituted by 69/1995 s 7	18.12.1995
s 45(1)	amended by 68/1996 s 17(a)	8.10.1996
s 45(2)	amended by 68/1996 s 17(b), (c)	8.10.1996
s 46	amended by 34/1992 s 11	30.9.1992
amended by 42/1999 s 39	3.10.1999
s 47
s 47(1)	s 47 amended by 34/1992 s 12	30.9.1992
s 47 amended by 69/1995 s 12 (Sch)	18.12.1995
s 47 amended and redesignated as s 47(1) by 68/1996 s 18	8.10.1996
amended by 42/1999 s 40	3.10.1999
amended by 60/1998 s 17	6.3.2000
amended by 57/2000 s 21	14.8.2000
amended by 31/2013 s 8(1)—(3)	3.2.2014
s 47(2)	inserted by 68/1996 s 18(d)	8.10.1996
s 48	amended by 69/1995 s 12 (Sch)	18.12.1995
amended by 13/1999 s 10	16.5.1999
amended by 42/1999 s 41	3.10.1999
amended by 17/2012 s 8	5.8.2012
s 49
s 49(1)	amended by 69/1995 s 12 (Sch)	18.12.1995
amended by 68/1996 s 19	8.10.1996
amended by 42/1999 s 42(a)	3.10.1999
s 49(2)	amended by 69/1995 s 12 (Sch)	18.12.1995
amended by 13/1999 s 11	16.5.1999
amended by 42/1999 s 42(b)	3.10.1999
s 49(3)	amended by 42/1999 s 42(c)	3.10.1999
s 50
s 50(1)	amended by 69/1995 s 12 (Sch)	18.12.1995
amended by 42/1999 s 43(a)	3.10.1999
amended by 17/2012 s 9(1)	5.8.2012
(a)(i) deleted by 17/2012 s 9(2)	5.8.2012
(a)(iii) deleted by 17/2012 s 9(3)	5.8.2012
s 50(2)	amended by 69/1995 s 12 (Sch)	18.12.1995
substituted by 42/1999 s 43(b)	3.10.1999
s 50AA	inserted by 13/1999 s 12	16.5.1999
s 50AA(1)—(3)	amended by 42/1999 s 44	3.10.1999
s 50A	inserted by 34/1992 s 13	30.9.1992
s 50A(a1)	inserted by 43/2012 s 15(1)	1.7.2013
s 50A(1)	amended by 69/1995 s 12 (Sch)	18.12.1995
amended by 60/1998 s 18	6.3.2000
amended by 43/2012 s 15(2)	1.7.2013
s 50A(2)	substituted by 43/2012 s 15(3)	1.7.2013
s 50A(3) and (4)	inserted by 43/2012 s 15(3)	1.7.2013
s 50B	inserted by 34/1992 s 13	30.9.1992
s 50B(1)	amended by 69/1995 s 12 (Sch)	18.12.1995
s 51
s 51(1)	amended by 69/1995 s 12 (Sch)	18.12.1995
amended by 42/1999 s 45	3.10.1999
s 51(3)	amended by 69/1995 s 12 (Sch)	18.12.1995
amended by 68/1996 s 20	8.10.1996
s 51(4)	amended by 69/1995 s 12 (Sch)	18.12.1995
Pt 7
s 53
s 53(2a)	inserted by 27/1990 s 3(a)	1.9.1990
s 53(5)	substituted by 27/1990 s 3(b)	1.9.1990
amended by 69/1995 s 12 (Sch)	18.12.1995
s 53(6)	deleted by 27/1990 s 3(b)	1.9.1990
s 53(7)	amended by 69/1995 s 12 (Sch)	18.12.1995
s 53(8)	deleted by 60/1998 s 19	6.3.2000
s 54 before deletion by 60/1998	amended by 34/1992 s 14	30.9.1992
deleted by 60/1998 s 20	6.3.2000
s 54	inserted by 60/2003 Sch 1 cl 2	5.9.2004
Pt 8	amended by 69/1991 s 13(b)	6.7.1992
amended by 34/1992 ss 14, 15	30.9.1992
amended by 69/1995 s 12 (Sch)	18.12.1995
deleted by 60/1998 s 21	6.3.2000
Pt 9
Pt 9 Div 1
s 56
s 56(1)	s 56 redesignated as s 56(1) by 57/2000 s 22	31.3.2001
s 56(2)	inserted by 57/2000 s 22	31.3.2001
s 56A	inserted by 60/1998 s 22 as amended by 42/1999 s 52	6.3.2000
s 56A(a1)	inserted by 31/2013 s 9(1)	3.2.2014
s 56A(2)	amended by 31/2013 s 9(2)	3.2.2014
s 56A(3)	amended by 31/2013 s 9(3)	3.2.2014
Pt 9 Div 2
s 56B	inserted by 31/2013 s 10	3.2.2014
s 57
s 57(3)	amended by 69/1995 s 12 (Sch)	18.12.1995
s 57(4)	substituted by 34/1992 s 16(a)	30.9.1992
s 57(4a)	inserted by 69/1995 s 8(a)	18.12.1995
s 57(6)
court of an inferior jurisdiction	deleted by 34/1992 s 16(b)	30.9.1992
inserted by 69/1995 s 8(b)	18.12.1995
court of a superior jurisdiction	amended by 69/1995 s 8(c)	18.12.1995
s 58
s 58(1)	amended by 69/1995 s 9	18.12.1995
amended by 60/1998 s 23	6.3.2000
s 58(3)	amended by 34/1992 s 17	30.9.1992
amended by 17/2012 s 10	5.8.2012
s 58(4)	amended by 13/1999 s 13	16.5.1999
amended by 10/2014 s 6(1), (2)	2.11.2014
s 58(5)	amended by 69/1995 s 12 (Sch)	18.12.1995
s 59	amended by 34/1992 s 18	30.9.1992
deleted by 60/1998 s 24	6.3.2000
s 59AA	inserted by 94/1993 s 11	1.1.1994
deleted by 68/1996 s 21	8.10.1996
Pt 9 Div 2A	inserted by 79/2009 s 10	19.9.2010
Pt 9 Div 3 before substitution by 31/2013
Pt 9 Div 3 Subdiv 1	amended by 33/1991 s 10	6.6.1991
amended by 34/1992 ss 19—28	30.9.1992
amended by 73/1992 s 3	1.7.1993
amended by 94/1993 ss 12—15	1.1.1994
amended by 21/1994 ss 5, 6	7.7.1994
amended by 69/1995 s 12 (Sch)	18.12.1995
amended by 69/1995 ss 10, 11	2.11.1997
amended by 68/1996 ss 22—26	8.10.1996
amended by 41/1998 s 6	1.10.1998
substituted by 60/1998 s 25 as amended by 42/1999 s 53(a)—(f)	6.3.2000
s 62
s 62(2)	amended by 58/2001 Sch 2 cl 3(e), (f)	1.1.2003
s 64
s 64(1)	amended by 79/2009 s 11	19.9.2010
Pt 9 Div 3 Subdiv 4
s 70I
s 70I(2)	amended by 17/2006 s 102	4.9.2006
s 70I(3)	amended by 79/2009 s 12	19.9.2010
substituted by 17/2012 s 11(1)	5.8.2012
s 70I(3a)	inserted by 17/2012 s 11(1)	5.8.2012
s 70I(4)	amended by 17/2012 s 11(2)	5.8.2012
s 70I(5)	amended by 17/2012 s 11(3)	5.8.2012
s 70I(6)	amended by 17/2012 s 11(4)	5.8.2012
Pt 9 Div 3 Subdiv 5 before deletion by 79/2009
s 70J	amended by 58/2001 Sch 2 cl 3(g), (h)	1.1.2003
Pt 9 Div 3 Subdiv 5	deleted by 79/2009 s 13	19.9.2010
Pt 9 Div 3 Subdiv 6
s 70L
s 70L(1), (2), (4) and (5)	amended by 79/2009 s 14	10.12.2011
s 70L(5a)—(5c)	inserted by 43/2012 s 16(1)	1.7.2013
s 70L(6)	amended by 79/2009 s 14	10.12.2011
s 70L(6a)	inserted by 43/2012 s 16(2)	1.7.2013
Pt 9 Div 3	substituted by 31/2013 s 11	3.2.2014
s 70K
s 70K(16)	deleted by 29/2016 Sch 2	4.7.2016
Pt 9 Div 4
s 71	substituted by 34/1992 s 29	30.9.1992
s 71(1)	amended by 60/1998 s 26(a)	6.3.2000
amended by 31/2013 s 12(1)	3.2.2014
s 71(2)	amended by 31/2013 s 12(2), (3)	3.2.2014
s 71(5)	substituted by 60/1998 s 26(b)	6.3.2000
s 71(7)	amended by 69/1995 s 12 (Sch)	18.12.1995
s 71(8)	inserted by 94/1993 s 16	1.1.1994
deleted by 68/1996 s 27	8.10.1996
inserted by 13/1999 s 14	16.5.1999
amended by 33/2002 s 6	3.3.2003
amended by 17/2012 s 12	5.8.2012
s 71(9)	inserted by 13/1999 s 14	16.5.1999
s 71(10)	inserted by 31/2013 s 12(4)	3.2.2014
s 71A	inserted by 34/1992 s 29	30.9.1992
s 71A(5)	inserted by 94/1993 s 17	1.1.1994
deleted by 68/1996 s 28	8.10.1996
s 71AB	s 71B inserted by 60/1998 s 27	6.3.2000
s 71B redesignated as s 71AB in pursuance of the Acts Republication Act 1967	6.3.2000
s 71B	inserted by 41/1998 s 7	1.10.1998
deleted by 84/2009 s 83	1.2.2010
Pt 10
s 72	substituted by 34/1992 s 30	30.9.1992
amended by 69/1995 s 12 (Sch)	18.12.1995
substituted by 60/1998 s 28	6.3.2000
s 72(1)	amended by 31/2013 s 13(1)	3.2.2014
s 72(4)	inserted by 31/2013 s 13(2)	3.2.2014
s 72A	inserted by 60/1998 s 28 as amended by 42/1999 s 53(g)	6.3.2000
s 72A(2)	amended by 31/2013 s 14	3.2.2014
s 72B	inserted by 60/1998 s 28	6.3.2000
s 72C	inserted by 49/2005 s 11	19.12.2005
s 74	amended by 60/1998 s 29	6.3.2000
s 75
s 75(2)	amended by 60/1998 s 30	6.3.2000
amended by 31/2013 s 15(1), (2)	3.2.2014
s 75(3) and (4)	inserted by 31/2013 s 15(3)	3.2.2014
Sch	deleted by 49/2012 s 9	11.3.2013
Sch 1	inserted by 49/2012 s 9	11.3.2013
cl 1
cl 1(1)	amended by 51/2012 s 7(1)	11.3.2013
cl 1(3)	inserted by 51/2012 s 7(2)	11.3.2013
Sch 2	inserted by 77/2013 s 9	12.12.2013

Transitional etc provisions associated with Act or amendments

Statutes Amendment (Truth in Sentencing) Act 1994, ss 20 and 21 (as amended by Statutes Amendment (Correctional Services) Act 1995, s 4)

20—Reduction of existing sentences and non-parole periods
(1)
Subject to subsection (2), a sentence of imprisonment (including a suspended sentence) imposed before the commencement of this Act and a non-parole period imposed before the commencement of this Act are, on the commencement of this Act, reduced—
(a)
by the number of days of remission credited to the prisoner or youth; and
(b)
by the maximum number of days of remission that the prisoner or youth could have earned after the commencement of this Act had this Act not repealed Part 7 of the Correctional Services Act 1982.
(2)
If a prisoner or youth becomes liable to serve the unexpired balance of a term of imprisonment imposed before the commencement of this Act, no reduction of that balance is to be made under this section.
(3)
In subsection (1), the maximum number of days of remission, in relation to a sentence of imprisonment (including a suspended sentence) in respect of which a non-parole period has been fixed, means the maximum number of days of remission that the prisoner or youth could have earned in respect of that non-parole period assuming that he or she was released in accordance with section 66(1) of the Correctional Services Act 1982 (as in force before the commencement of this Act), whether or not he or she is in fact released at the end of the non-parole period (as reduced under this section).
21—Sentences imposed after commencement of this Act
(1)
A court, in fixing the term of a sentence of imprisonment or in fixing or extending a non-parole period, must, when considering sentences imposed before the commencement of this Act (but after the commencement of the Prisons Act Amendment Act (No. 2) 1983) for comparable offences, take into account the abolition of the previous statutory scheme for remission of sentence.
(2)
This section applies whether the offence to which the sentence or non-parole period relates was committed before or after the commencement of this Act.

Statutes Amendment (Young Offenders) Act 1998

8—Transitional

Section 31A of the principal Act, as amended by section 4 of this Act, and section 32 of the principal Act, as amended by section 5 of this Act, apply in relation to a youth detained in a prison, whether so detained before or after the commencement of those sections of this Act.

Statutes Amendment (Fine Enforcement) Act 1998, Sch

2—Application of amended principal Act

Subject to this Division, the principal Act, as amended by this Act, applies to all orders imposing pecuniary sums, whenever made.
3—Imprisonment for non-payment under repealed section 61
(1)
If a warrant of commitment has been issued on default by a person in payment of a pecuniary sum, but the person has not, as at the commencement of this Act, started serving the period of imprisonment to which the warrant relates—
(a)
the warrant is cancelled by virtue of this clause; and
(b)
the outstanding amount under the warrant may be enforced in accordance with the principal Act (as amended by this Act).
(2)
The repeal of Division 3 of Part 9 of the principal Act does not affect the liability of any person who is, as at the commencement of this Act, serving a period of imprisonment under a warrant of commitment issued for non-payment of a pecuniary sum to complete that period of imprisonment and, for that purpose, the principal Act (as in force immediately before the commencement of this Act) continues to apply.

4—Orders against youths under repealed section 61AA
If an order for community service, detention or home detention made under section 61AA of the principal Act in respect of a youth was in force immediately before the commencement of this Act—
(a)
the order is, if the youth has not performed any hours of service under the order or started serving the period of detention or home detention fixed by the order, cancelled by virtue of this clause and the outstanding amount under the order may be enforced in accordance with the principal Act (as amended by this Act); but
(b)
if the youth has performed some hours of service under the order or is serving the detention or home detention, the order continues in force and, for that purpose, the principal Act (as in force immediately before the commencement of this Act) continues to apply.
5—Suspension of driver's licence under repealed section 61A
(1)
If, as at the commencement of this Act, a person is disqualified from holding or obtaining a driver's licence by virtue of an order under section 61A of the principal Act (as in force immediately before that commencement) the order is, if the disqualification has endured for 60 or more days, cancelled by virtue of this clause and the outstanding amount of the pecuniary sum may be enforced in accordance with the principal Act (as amended by this Act), but an order for suspension of the person's driver's licence cannot be made.
(2)
If the disqualification has endured for less than 60 days, the order by which it was imposed will be taken to be an order for suspension and disqualification under section 70E of the principal Act.
6—Suspension of motor vehicle registration under repealed section 61B
If, as at the commencement of this Act, an order for suspension of registration of motor vehicles under section 61B of the principal Act (as in force immediately before that commencement) is in force, the order will be taken to be (and have the same effect as) an order made under section 70F of the principal Act restricting the transaction of business with the Registrar of Motor Vehicles.

7—Community service under repealed section 67

(1)
If an undertaking has been entered into by a person under section 67 of the principal Act (as in force immediately before the commencement of this Act) to work off a pecuniary sum by community service, the undertaking continues in force and, for that purpose, the principal Act (as so in force) continues to apply.
(2)
However, if an undertaking that continues in force by virtue of subclause (1) is cancelled for non-compliance, the amount of the pecuniary sum outstanding at the time of cancellation is enforceable in accordance with the principal Act (as amended by this Act).

8—Court orders as to time and manner of payment

The following provisions apply in relation to an order of a court or officer of a court that is continued in force by virtue of section 14A(2) of the principal Act:
(a)
if the order is for payment of a pecuniary sum in instalments and the person the subject of the order defaults in payment of an instalment, the whole of the balance of the pecuniary sum becomes immediately payable and is enforceable under the principal Act (as amended by this Act);
(b)
if the order is for an extension of time to pay a pecuniary sum and the person the subject of the order fails to pay the sum within the specified time, the pecuniary sum is enforceable under the principal Act (as amended by this Act), but a reminder notice must be sent in accordance with section 65 of the principal Act before any enforcement action can be taken.

Criminal Law (Sentencing) (Sentencing Procedures) Amendment Act 2001

5—Transitional provision

The amendments made by the Act are to be considered procedural rather than substantive.

Statutes Amendment (Sentencing of Sex Offenders) Act 2005

9—Transitional provision

An amendment made by this Act to the Criminal Law (Sentencing) Act 1988 applies whether the relevant offence occurred before or after the commencement of the amendment.

Statutes Amendment (Intervention Programs and Sentencing Procedures) Act 2005, Sch 1

1—Review of services included on intervention programs
(1)
Either House of Parliament may, not before the first anniversary of the commencement of this Act, require the Ombudsman to carry out an investigation concerning the value and effectiveness of all services included on intervention programs (within the meaning of the Bail Act 1985 and the Criminal Law (Sentencing) Act 1988) in the 12 month period following that commencement (or another period specified by the House).
(2)
For the purposes of the investigation, the Ombudsman may exercise the same investigative powers as are conferred on the Ombudsman by the Ombudsman Act 1972 in relation to an investigation duly initiated under that Act.
(3)
The Ombudsman must, after completing the investigation, submit a report on the outcome of the investigation to—
(a)
if the investigation was required by the Legislative Council—the President of the Legislative Council; or
(b)
if the investigation was required by the House of Assembly—the Speaker of the House of Assembly.
(4)
If the Ombudsman is required to carry out an investigation in accordance with this clause, the Attorney‑General must ensure that the Ombudsman is provided with the resources the Ombudsman reasonably requires for the purposes of carrying out the investigation.

Criminal Law (Sentencing) (Dangerous Offenders) Amendment Act 2007

11—Transitional provision

An amendment made by Part 2 of this Act to the Criminal Law (Sentencing) Act 1988 applies whether the offence to which a sentence of imprisonment or non-parole period relates was committed before or after the commencement of that Part.

Controlled Substances (Serious Drug Offences) Amendment Act 2005, Sch 1

6—Transitional provision

An amendment to the principal Act effected by a provision of this Act only applies in relation to an offence if the offence is committed on or after the commencement of the provision.

Statutes Amendment (Recidivist Young Offenders and Youth Parole Board) Act 2009, Pt 5

24—Social Development Committee to inquire into and report on operation of Act
The Social Development Committee of the Parliament must, within 3 years after the commencement of Parts 3 and 4 of the Statutes Amendment (Recidivist Young Offenders and Youth Parole Board) Act 2009, in consultation with the Attorney‑General, inquire into, consider and report on the operation of the Act (including any effect the operation of the Act has had on the criminal justice system in South Australia).

Statutes Amendment (Victims of Crime) Act 2009, Pt 2

15—Enquiry in relation to section 7A of Criminal Law (Sentencing) Act 1988
(1)
The Minister must, at the end of 2 years from the commencement of section 6, appoint a person to conduct an enquiry into—
(a)
the operation of section 7A of the Criminal Law (Sentencing) Act 1988 as amended by section 6; and
(b)
the likely impacts (including the costs) of extending the definition of prescribed summary offence in that section to include a broader range of summary offences.
(2)
A report on the enquiry must be provided to the Minister and the Minister must cause a copy of the report to be laid before each House of Parliament as soon as practicable after receipt of the report.

Criminal Law (Sentencing) (Guilty Pleas) Amendment Act 2012, Sch 1

1—Transitional provision

The amendments made by this Act to the Criminal Law (Sentencing) Act 1988 apply to proceedings relating to an offence instituted after the commencement of this Act, regardless of when the offence occurred.

Criminal Law (Sentencing) (Supergrass) Amendment Act 2012, Sch 1

1—Transitional provision

The amendments made by this Act to the Criminal Law (Sentencing) Act 1988 apply to proceedings relating to an offence instituted after the commencement of this Act, regardless of when the offence occurred.

Statutes Amendment (Courts Efficiency Reforms) Act 2012

17—Transitional provisions

(1)
The amendments made to sections 9A, 50A and 70L of the Criminal Law (Sentencing) Act 1988 by sections 13, 15 and 16 are to be considered procedural rather than substantive.
(2)
The amendments made to section 19 of the Criminal Law (Sentencing) Act 1988 by section 14—
(a)
do not apply in relation to the sentencing of a person by the Magistrates Court following the commencement of this Part if the proceedings for the relevant offence were commenced before that commencement (and such sentencing is to occur as if this Act had not been enacted); and
(b)
apply in relation to the sentencing of a person by the Magistrates Court following the commencement of this Part (including the sentencing of a person for an offence that occurred before that commencement) if the proceedings for the relevant offence were commenced on or after that commencement.

Criminal Law (Sentencing) (Suspended Sentences) Amendment Act 2013, Sch 1

1—Transitional provision

The amendments made by this Act to the Criminal Law (Sentencing) Act 1988 apply in relation to the sentencing of a person following the commencement of this Act in relation to an offence committed on or after that commencement.

Statutes Amendment (Fines Enforcement and Recovery) Act 2013

16—Transitional provisions

(1)
Subject to this section and to any regulations made under section 75(4) of the principal Act (as inserted by this Act)—
(a)
Part 9 Division 3 of the principal Act as in force immediately after the commencement day applies in relation to enforcement of a pecuniary sum regardless of whether the liability to pay the pecuniary sum arose before or after the commencement day; and
(b)
section 61 of the principal Act (as inserted by this Act) applies to an expiation amount regardless of whether the liability to pay the expiation amount arose before or after the commencement day.
(2)
If, immediately before the commencement day, a debtor is subject to an arrangement with an authorised officer under section 64 of the principal Act, or is subject, or apparently subject, to any requirement as to the manner and time of payment of a pecuniary sum pursuant to an order made, or purportedly made, under Part 9 Division 3 of the principal Act, that arrangement or requirement continues as if it were an arrangement with the Fines Enforcement and Recovery Officer under section 70 of the principal Act as in force after the commencement day (but such an arrangement or requirement is, despite the provisions of section 70, to have effect according to its terms).
(3)
A charge on land imposed under section 68 of the principal Act as in force before the commencement day continues as if it were a charge on land imposed under section 70G of the principal Act after the commencement day.
(4)
Without derogating from any powers or functions that may be exercised in accordance with subsection (1), a relevant order continues in operation after the commencement day (whether or not the order had taken effect before the commencement day).
(5)
Part 9 Division 3 of the principal Act as in force before the commencement day (other than Subdivision 7) continues to apply in relation to a relevant order continued in operation under subsection (4) as if references in that Division to the Manager, the Registrar or an authorised officer were references to the Fines Enforcement and Recovery Officer.
(6)
However, the Fines Enforcement and Recovery Officer may, with the consent of the relevant debtor, revoke a relevant order continued in operation under subsection (4).
(7)
Despite section 69 of the principal Act (as inserted by this Act) no amount is payable under that section in relation to an amount that is taken to be a pecuniary sum imposed by order of a court by virtue of the making of an enforcement order under section 13 of the Expiation of Offences Act 1996 before the commencement of section 26 of this Act.
(8)
In this section—
commencement day means the day on which section 11 of this Act comes into operation;
principal Act means the Criminal Law (Sentencing) Act 1988;
relevant order means a penalty enforcement order (and any warrant or order issued in relation to the penalty enforcement order) made under Part 9 Division 3 of the principal Act as in force before the commencement day.

Statutes Amendment (Home Detention) Act 2016

7—Transitional provision

(1)
The amendments to the Criminal Law (Sentencing) Act 1988 made by this Part apply to the sentencing of a defendant after the commencement of this Part, regardless of whether the offence for which the defendant is being sentenced was committed before or after that commencement.
(2)
However, if, after the commencement of this Part, a sentence imposed on a defendant before the commencement of this Part is quashed on appeal and a new sentence imposed, the amendments to the Criminal Law (Sentencing) Act 1988 made by this Part do not apply in relation to sentencing the defendant to the new sentence.

Firearms Act 2015, Sch 1

13—Transitional provision

Section 20AA of the Criminal Law (Sentencing) Act 1988 as in force immediately before the commencement of this clause continues to apply in relation to an offence committed before that commencement.

Statutes Amendment (Youths Sentenced as Adults) Act 2017, Sch 1

1—Transitional provision

An amendment effected by this Act applies to a youth who is being sentenced as an adult after the commencement of the amendment, whether the offence in respect of which the youth is being sentenced occurred before or after that commencement.

Summary Procedure (Indictable Offences) Amendment Act 2017, Sch 2 Pt 14

41—Transitional provision

The amendments made by this Act apply to proceedings relating to an offence that are commenced after the commencement of this Act, regardless of when the offence occurred (and the Acts amended by this Act, as in force before the commencement of this Act, continue to apply to proceedings that were commenced before the commencement of this Act).

Historical versions

Reprint No 1—1.7.1991
Reprint No 2—6.7.1992
Reprint No 3—30.9.1992
Reprint No 4—1.7.1993
Reprint No 5—1.1.1994
Reprint No 6—7.7.1994
Reprint No 7—1.8.1994
Reprint No 8—1.1.1995
Reprint No 9—18.12.1995
Reprint No 10—8.10.1996
Reprint No 11—14.9.1997
Reprint No 12—2.11.1997
Reprint No 13—1.10.1998
Reprint No 14—6.4.1999
Reprint No 15—16.5.1999
Reprint No 16—3.10.1999
Reprint No 17—25.12.1999
Reprint No 18—6.3.2000
Reprint No 19—1.7.2000
Reprint No 20—14.8.2000
Reprint No 21—31.3.2001
Reprint No 22—3.8.2001
Reprint No 23—30.12.2001
Reprint No 24—31.10.2002
Reprint No 25—1.1.2003
Reprint No 26—3.3.2003
Reprint No 27—5.7.2003
Reprint No 28—27.7.2003
5.9.2004
11.8.2005
19.12.2005
15.5.2006
4.9.2006
1.6.2007
18.10.2007
1.11.2007
3.12.2007
3.2.2008
17.7.2008
23.11.2008
1.2.2010
27.6.2010
1.8.2010
19.9.2010
14.7.2011
9.12.2011 (electronic only)
10.12.2011
17.6.2012
5.8.2012
1.1.2013
4.3.2013
11.3.2013
9.6.2013
1.7.2013
14.11.2013 (electronic only)
24.11.2013
12.12.2013
3.2.2014
17.5.2014
3.8.2014
2.11.2014
11.12.2014
1.12.2015 (electronic only)
5.12.2015
7.2.2016
16.6.2016
4.7.2016
1.9.2016
1.12.2016
1.7.2017
12.12.2017