Sentencing Act 1991 (Vic)

No judgment structure available for this case.

Version No. 231

Sentencing Act 1991

No. 49 of 1991

Version incorporating amendments as at

30 September 2025

TABLE OF PROVISIONS

Section Page

Part 1—Preliminary

1Purposes
2Commencement
3Definitions
4Application

Part 2—Governing principles

5Sentencing guidelines
5AACourt not to have regard to previous good character or lack of previous findings of guilt or convictions in certain circumstances
5AStandard sentence scheme
5BSentencing for a standard sentence offence
6Factors to be considered in determining offender's character
6AAASentence discount for guilty plea

Part 2AA—Guideline judgments

6AADefinition
6ABPower of Court of Appeal to give or review guideline judgments
6ABAGuideline judgments on application of Attorney‑General
6ACContent of guideline judgment
6ADProcedural requirements
6AEMatters to which Court of Appeal must have regard
6AFUse of evidence in giving or reviewing guideline judgment
6AGRelationship between guideline judgments and other sentencing matters

Part 2A—Serious offenders

6AApplication of Part
6BDefinitions for purposes of this Part
6CFactors relevant to consideration of whether offender is a serious offender
6DFactors relevant to length of prison sentence
6ESentences to be served cumulatively
6FSerious offender status to be noted on record

Part 2B—Continuing criminal enterprise offenders

6GApplication of Part
6HDefinitions for purposes of this Part
6IIncreased maximum penalty for CCE offences
6JCCE offender status to be noted on record

Part 3—Sentences

Division 1—General

7Sentences
8Conviction or non-conviction

Division 1A—Pre-sentence reports

8ACourt may order pre-sentence report
8BContents of pre-sentence report
8CDistribution of pre-sentence report
8DDisputed pre-sentence report

Division 1B—Drug and alcohol reports

8EDrug and alcohol assessment report
8FDistribution of drug and alcohol assessment report
8GDisputed drug and alcohol assessment report
8HDrug and alcohol pre-release report
8IApproved drug and alcohol assessment agencies

Division 1C—Victim impact statements

8JDefinitions
8KVictim may make victim impact statement
8LContents of victim impact statement
8MMedical report
8NDistribution of written statement
8OExamination of victim
8PWitnesses
8QReading aloud of victim impact statement
8RAlternative arrangements for reading aloud of victim impact statement
8SAlternative arrangements for examination

Division 2—Custodial orders

Subdivision (1)—Imprisonment

9Aggregate sentence of imprisonment
9ANotice of intention to seek statutory minimum sentence for manslaughter
9BCustodial sentence must be imposed for manslaughter in circumstances of gross violence
9CCustodial sentence must be imposed for manslaughter by single punch or strike
10Custodial sentence must be imposed for causing serious injury in circumstances of gross violence
10AACustodial sentence for certain offences against emergency workers, custodial officers and youth justice custodial workers on duty
10ABCustodial sentence for offence of contravening supervision order or interim supervision order under Serious Offenders Act 2018
10ACCustodial sentence must be imposed for offence of aggravated home invasion
10ADCustodial sentence must be imposed for offence of aggravated carjacking
10AECustodial sentence must be imposed for offences against sections 317AC and 317AD in certain circumstances
10ASpecial reasons relevant to imposing minimum non-parole periods
11Fixing of non-parole period by sentencing court
11AFixing of non-parole period for standard sentence offence
12References to non-parole period
13Fixing of non-parole period otherwise than by sentencing court
14Fixing of new non-parole period in respect of multiple sentences
15Order of service of sentences
16Sentences—whether concurrent or cumulative
16APerson may consent to imprisonment in respect of unpaid fines
17Commencement of sentences
18Time held in custody before trial etc. to be deducted from sentence

Subdivision (1A)—Indefinite sentences

18AIndefinite sentence
18BWhen court may impose indefinite sentence in respect of serious offence
18CApplication for indefinite sentence
18DAdjournment of sentencing
18ECourt Secure Treatment Orders
18FSentencing hearing
18GReasons for indefinite sentence
18HReview of indefinite sentence
18ICourt may order reports
18JDistribution of reports
18KDisputed report
18LReview hearing
18MOutcome of review
18NRe-integration program
18OAppeal
18POffender to be present during hearings

Subdivision (1C)—Drug and alcohol treatment orders

18XPurposes of drug and alcohol treatment order
18YOrder only available at Drug Court
18ZWhen drug and alcohol treatment order can be made
18ZAOrder can cover multiple offences
18ZBEffect of Drug Court declining to make an order
18ZCThe parts of a drug and alcohol treatment order
18ZDSentence of imprisonment must be imposed
18ZEActivation of custodial part of an order
18ZFCore conditions
18ZGProgram conditions
18ZHVariation on assessing offender's progress
18ZICase conferences
18ZJRewards for complying with conditions
18ZKCancellation as a reward
18ZLFailure to comply with conditions
18ZMService in a secure custody facility
18ZNCommission of certain offences
18ZODrug Court may hear and determine certain offences
18ZPCancellation
18ZQDrug and alcohol treatment order assessment reports
18ZRAppeals from Magistrates' Court
18ZSImmunity from prosecution for certain offences
18ZTOrder made by Court of Appeal

Subdivision (4)—Youth justice centre orders and youth residential centre orders

32Youth justice centre or youth residential centre order
32AAggregate sentence of detention
33Sentences to be concurrent unless otherwise directed
34Commencement of sentences
35Time held in custody before trial etc. to be deducted from sentence^,

Part 3A—Sentences—community correction orders

Division 1—Preliminary

36Purpose of an order

Division 2—General

37Community correction order
38Period and commencement of a community correction order
39Intensive compliance period
40Community correction order may cover multiple offences
41Presumption of concurrency
41AMaximum cumulative community correction orders
42Concurrent unpaid community work where there are several orders
43Fine and a community correction order
44Imprisonment and a community correction order
44AMandatory treatment and monitoring order

Division 3—Making a community correction order

45Terms of a community correction order
46Power of the Secretary to give written directions
47Court may attach conditions
48Residual condition
48AMatters to be considered when attaching conditions

Division 4—Conditions

48BDefinitions
48CUnpaid community work condition
48CAOrder with conditions under sections 48C and 48D
48DTreatment and rehabilitation condition
48ESupervision condition
48FNon-association condition
48GResidence restriction or exclusion condition
48HPlace or area exclusion condition
48ICurfew condition
48JAlcohol exclusion condition
48JABond condition
48KJudicial monitoring condition
48LPower of court on review under a judicial monitoring condition
48LAElectronic monitoring of offender
48LBConfidentiality of personal information

Division 5—Variation etc. of order

48MVariation etc. of community correction order
48NApplication for variation etc. of a community correction order
48OSuspension by Secretary

Division 6—Miscellaneous matters

48PSecretary may direct offender to report at another place
48QOrder made by Court of Appeal

Part 3B—Sentences—fines

Division 1—Fines

49Power to fine
50Maximum fine
51Aggregate fines
52Financial circumstances of offender
53Court to take forfeiture, compensation and restitution orders into account
54Other matters court may have regard to in fixing amount of fine
55Liability of director if body corporate unable to pay fine

Division 2—Instalment orders and time to pay orders

56Instalment order
57Application for instalment order
58Order to pay operates subject to instalment order
59Time to pay order
60Application for time to pay order
61Application for variation or cancellation of order
62Notice of application
63Variation or cancellation of order

Division 3—Fine conversion order

64Fine conversion order
65Application for order under section 64
67Variation etc. of fine conversion order
68Application for variation etc. of a fine conversion order

Division 4—Fine default by natural person—warrant to arrest

69Issue of warrant to arrest person in default
69AWarrant to arrest may be issued other than in paper form
69BWho may execute warrant?
69CWhen may warrant be executed?

Division 5—Fine default by natural person—orders of court

69DCourt may make fine default unpaid community work order on application
69EOrders of court in relation to fine default on arrest
69FOrder of court in absence of offender
69FAOrders of court in relation to fine defaulter on arrest—Fines Reform Act 2014
69FBOrder of court in absence of fine defaulter—Fines Reform Act 2014
69GOrder of court if material change in circumstances of offender
69HOther orders of court
69IVariation etc. of fine default unpaid community work order
69JApplication for variation etc. of a fine default unpaid community work order
69KLimit on fine for which unpaid community work can be ordered
69LCosts
69MWarrant to seize property returned unsatisfied

Division 6—Calculation of period of imprisonment or unpaid community work

69NTerm of imprisonment
69OTerm of unpaid community work
69PDetermining amount of unpaid fine or instalment
69QPeriod of unpaid community work to be performed
69RCumulative unpaid community work if there are several orders

Division 7—Terms and operation of fines work orders

69SPeriod of a fines work order
69TWhen does a fines work order expire?
69UPart payment of fine to reduce unpaid community work
69VTerms of a fines work order
69WSuspension by Secretary
69XSecretary may direct offender to report at another place or to another person

Division 8—Enforcement of fines against bodies corporate

69YEnforcement of fines against bodies corporate

Division 9—General

69ZNotice of orders to be given
69ZAOath or affirmation
69ZBApplication of fines etc.
69ZCPenalty payable to body corporate
69ZDRecovery of penalties
69ZEOrder made by Court of Appeal
69ZFRules of court
69ZGApplication to infringement enforcement procedure

Part 3BA—Sentences—other orders

Division 1—Dismissals, discharges and adjournments

Subdivision (1)—General

70Purpose of orders under this Division
71Abolition of common law bonds
71ALimitation on making of orders under this Division

Subdivision (2)—Release on conviction

72Release on adjournment following conviction
73Unconditional discharge
74Compensation or restitution

Subdivision (3)—Release without conviction

75Release on adjournment without conviction
76Unconditional dismissal
77Compensation or restitution

Subdivision (4)—Variation of orders for release on adjournment

78Variation of order for release on adjournment

Division 2—Intellectually disabled offenders

80Justice plan condition
81Review of justice plan by Secretary
82Review of justice plan condition by sentencing court
82AAResidential treatment order
82AReview of residential treatment order by sentencing court
83Notice of application

Division 3—Deferral of sentencing in the Magistrates' Court or County Court

83ADeferral of sentencing

Part 3C—Sentences—contravention of sentence

Division 1—Offences

83ACContravention of order for release on adjournment
83ADContravention of community correction order
83ADAContravention of fine conversion order
83ADBContravention of fine default unpaid community work order
83AEParticular contraventions of directions of Secretary
83AFOffence to fail to obey a written direction of Secretary

Division 2—Procedure for contravention offence

83AGCommencement of a proceeding
83AHTime for commencing a proceeding
83AIIssue of summons or warrant to arrest
83AJTransfer of a proceeding
83AKIssue of warrant to arrest on failure to comply with bail or summons
83ALProcess where offender before higher court, orders of that court
83AMProcess where offender before higher court, orders of Magistrates' Court
83ASPowers of the court on finding of guilt for contravention of community correction order
83ASAPowers of court on finding of guilt for contravention of fines work order
83ATPowers of the court on finding of guilt for contravention of order for release on adjournment

Division 3—Direction of certain conditions on failure to comply

83AUDirection of unpaid community work condition on failure to comply
83AVDirection of curfew condition on failure to comply
83AWReasonable excuse for a failure to comply
83AXNotice of direction to be given in writing
83AYReview by the sentencing court
83AZPowers of a sentencing court on review

Part 3D—Superannuation orders

83BPurpose of Part
83CApplication of Part
83DDefinitions
83EApplication for a superannuation order
83FCourt may make a superannuation order
83GEffect of superannuation order
83HProvisions applying to a superannuation order
83IPowers of an authorised person to require information
83JProtection of administrators providing information
83KDisclosure of information

Part 4—Orders in addition to sentence

Division 1—Restitution

84Restitution order
85Enforcement of restitution order

Division 2—Compensation

Subdivision (1)—Compensation for pain and suffering etc.

85ADefinitions
85BCompensation order
85CApplication for compensation order
85DExtension of time for making application
85EProceeding on an application
85FCourt must not refuse to hear and determine application except in certain circumstances
85GEvidence
85HCourt may take financial circumstances of offender into account
85ICourt must reduce compensation by amount of assistance under victims of crime legislation
85JCourt to give reasons for its decision
85KCosts of proceeding
85LRight to bring civil proceedings unaffected
85MEnforcement of order

Subdivision (2)—Compensation for property loss

86AACourt to ask if application for compensation order will be made
86Compensation order
87Enforcement of compensation order

Division 2A—Recovery of assistance paid under victims of crime legislation

87ARecovery of assistance paid under Victims of Crime Assistance Act 1996
87ABRecovery of assistance paid under Victims of Crime (Financial Assistance Scheme) Act 2022
87BEnforcement of order under section 87A or 87AB

Division 2B—Recovery of costs incurred by emergency service agencies

87CDefinitions
87DCost recovery order
87EApplication for cost recovery order
87FExtension of time for making application
87GHow offender may appear on an application
87HCourt may have regard to relevant facts
87IEvidence
87JCourt may take financial circumstances of offender into account
87KCourt to give reasons for its decision
87LCosts of proceeding
87MRight to bring civil proceedings unaffected
87NEnforcement of order

Division 3—Driver licences and learner permits—suspension, cancellation and driver disqualification

87PDefinition
87QMatters to be sent to the Secretary to the Department of Transport and Planning
88Application of Evidence Act 2008
89Suspension or cancellation of driver licence or learner permit and driver disqualification—certain motor vehicle offences
89ASuspension or cancellation of driver licence or learner permit and driver disqualification—any offence
89BCommencement of period of disqualification
89CFinding on cancellation of driver licence or learner permit or driver disqualification
89DPresumption in favour of concurrency
89DACancellation on disqualification
89DBEffect of cancellation

Division 4—Alcohol exclusion orders

89DCDefinitions
89DDAlcohol exclusion order
89DEWhen an alcohol exclusion order must be made
89DFOffences for contravening alcohol exclusion order
89DGVariation of alcohol exclusion order
89DHChief Commissioner to report on alcohol exclusion orders

Division 5—Serious drug offender

89DIDeclaration by court that person is serious drug offender

Part 4A—Identity crime certificates

89EDefinitions
89FCourt may issue certificate to victim of identity crime
89GContents of certificate
89HProcess for dealing with application

Part 5—Mentally ill offenders

Division 1—Court Assessment Orders

90What is a Court Assessment Order?
91When may the court make a Court Assessment Order?
92Contents of a Court Assessment Order and notification requirements
93Effect and duration of Court Assessment Order
94Court powers following Court Assessment Order

Division 2—Court Secure Treatment Orders

94AWhat is a Court Secure Treatment Order?
94BWhen may the court make a Court Secure Treatment Order?
94CEffect and duration of Court Secure Treatment Order

Division 3—Taking persons subject to Court Assessment Order or Court Secure Treatment Order

94DCustody of persons subject to Court Assessment Order or Court Secure Treatment Order

Division 4—Transitional provisions

94EDefinition
94FAssessment order and diagnosis, assessment and treatment order
94GHospital security order
94HRestricted involuntary treatment order
94IProceedings in relation to orders

Part 6—Making of sentencing and other orders

Division 1—Explanation of orders

95Explanation of orders

Division 3—Taking other charges into account

100Disposal of other pending charges

Division 4—Passing of sentence

101Time and place of sentence
102Sentence by another judge or magistrate
103Sentences not invalidated by failure to comply with procedural requirements

Part 7—Correction of errors

104Correction of sentences by Supreme Court on judicial review
104APower to correct clerical mistakes, etc.
104BCourt may reopen proceeding to correct penalties imposed contrary to law

104CEffect of reopening a proceeding under section 104B
104DWhen proceedings are finally disposed of

Part 8—Historical homosexual convictions

105Definitions
105AAApplication of this Part
105APart to bind the Crown
105BApplication to Secretary for convictions for historical homosexual offences to be expunged
105CSubmission of further information etc.
105DConsideration of application
105EResponse to enquiries or requests for information
105FAppointment of advisors
105GMandatory tests
105HWithdrawal of application
105IDetermination of application
105JEffect of expungement of conviction
105KObligations in relation to official records
105LJurisdiction of VCAT
105MRestriction on right to re-apply
105NDelegation
105OConfidentiality
105PGiving of notices
105QEvidentiary provisions
105RImmunity
105SNo entitlement to compensation

Part 9—Royal prerogative of mercy

106Saving of royal prerogative of mercy
107Release by Governor in exercise of royal prerogative of mercy
108Penalties for offences may be remitted

Part 9A—Sentencing Advisory Council

108ADefinitions
108BEstablishment of Sentencing Advisory Council
108CFunctions of the Council
108DPowers of the Council
108EDelegation
108FBoard of directors
108GChairperson
108HTerms and conditions of office of directors
108IVacancies and removal of directors from office
108JTravelling and other allowances
108KValidity of acts or decisions
108LMeetings of the Board
108MStaff
108NAppointment of consultants
108OControl on expenditure
108PParliamentary requirement for information

Part 10—Miscellaneous provisions

109Penalty scale
109AOperation of penalty provisions
110Meaning of penalty units
111Location and effect of penalty provisions
112Classification of offences as indictable or summary
112AMaximum fine for indictable offence heard and determined summarily
113Maximum term of imprisonment for indictable offence heard and determined summarily
113AMaximum term of imprisonment for summary offence
113BMaximum cumulative term of imprisonment imposable by Magistrates' Court
113CMaximum term of imprisonment where none prescribed
113DIncreased maximum fine for body corporate
114Effect of alterations in penalties
115Old offences relevant in determining previous convictions
115AEffect where punishment suffered for indictable offence
115BDelegation

Part 11—Regulations and general matters

115CInfringement penalties
115DPower to serve an infringement notice
115EAppointment of authorised person
115FReports
116Regulations
116AReview of amendments made by Sentencing Amendment (Emergency Worker Harm) Act 2020

Part 12—Transitionals

117Transitional provisions
117ATransitional provisions—Sentencing (Amendment) Act 1993
117BTransitional provisions—Miscellaneous Acts (Omnibus Amendments) Act 1996
118Transitional provisions (1997 amendments)
119Transitional provisions (Sentencing (Amendment) Act 1997)
120Transitional provisions (1998 amendments)
121Transitional provision—Courts and Tribunals Legislation (Amendment) Act 2000
122Transitional provisions—Sentencing (Amendment) Act 1999
123Transitional provision—Magistrates' Court (Infringements) Act 2000
124Transitional provisions—Victims of Crime Assistance (Amendment) Act 2000
125Transitional provisions—Sentencing (Emergency Service Costs) Act 2001
126Transitional provisions—Sentencing (Amendment) Act 2002
126BApplication of amendment made by the Road Safety (Alcohol Interlocks) Act 2002
127Transitional provision—Crimes (Property Damage and Computer Offences) Act 2003
127ATransitional provisions—Corrections and Sentencing Acts (Home Detention) Act 2003
128Transitional provision—Sentencing (Amendment) Act 2003
129Transitional provision—Children and Young Persons (Age Jurisdiction) Act 2004
130Transitional provision—Sentencing (Further Amendment) Act 2005
131Transitional provision—Sentencing and Mental Health Acts (Amendment) Act 2005
132Transitional provision—Courts Legislation (Jurisdiction) Act 2006
133Transitional provisions—Sentencing (Suspended Sentences) Act 2006
134Transitional provision—Working with Children Act 2005
135Transitional provision—Criminal Procedure Legislation Amendment Act 2008
136Transitional provision—Justice Legislation Amendment (Sex Offences Procedure) Act 2008
137Transitional provision—Crimes Amendment (Identity Crime) Act 2009
138Transitional provision—Statute Law Amendment (Evidence Consequential Provisions) Act 2009
139Transitional provision—Criminal Procedure Act 2009
140Transitional provision—Sentencing Amendment Act 2009
141Transitional provision—Justice Legislation Amendment Act 2010
141ATransitional provision—Sentencing Legislation Amendment (Abolition of Home Detention) Act 2011
142Transitional provision—Justice Legislation Amendment (Victims of Crime Assistance and Other Matters) Act 2010
143Transitional provision—Sentencing Amendment Act 2010
144Transitional provision—Sentencing Further Amendment Act 2011
145Transitional provisions—Criminal Procedure Amendment Act 2012
147Transitional provision—Sentencing Amendment (Community Correction Reform) Act 2011
148Transitional provision—Road Safety and Sentencing Acts Amendment Act 2012
149Transitional provision—Criminal Procedure and Sentencing Acts Amendment (Victims of Crime) Act 2012
149AValidation—Justice Legislation Amendment Act 2013
149BTransitional provision—Sentencing Amendment (Abolition of Suspended Sentences and Other Matters) Act 2013
149CFurther transitional provision—Sentencing Amendment (Abolition of Suspended Sentences and Other Matters) Act 2013
149DAdditional transitional provision—Sentencing Amendment (Abolition of Suspended Sentences and Other Matters) Act 2013
150Transitional provisions—Road Safety and Sentencing Acts Amendment Act 2013
151Transitional provision—Summary Offences and Sentencing Amendment Act 2014
152Transitional provisions—Sentencing Amendment (Coward's Punch Manslaughter and Other Matters) Act 2014
153Transitional provision—Criminal Organisations Control and Other Acts Amendment Act 2014—alcohol exclusion orders
154Transitional provisions—Sentencing Amendment (Emergency Workers) Act 2014—general
156Transitional provision—Justice Legislation Amendment (Confiscation and Other Matters) Act 2014
156ATransitional provision—Sentencing Amendment (Correction of Sentencing Error) Act 2015
157Transitional provision—Sentencing Amendment (Historical Homosexual Convictions Expungement) Act 2014
158Transitional provisions—Crimes Legislation Amendment Act 2016
159Transitional provisions—Serious Sex Offenders (Detention and Supervision) Amendment (Community Safety) Act 2016
160Transitional provision—Police and Justice Legislation Amendment (Miscellaneous) Act 2016
161Transitional provision—Children and Justice Legislation Amendment (Youth Justice Reform) Act 2017
162Transitional provision—Sentencing (Community Correction Order) and Other Acts Amendment Act 2016
163Transitional—Justice Legislation Amendment (Parole Reform and Other Matters) Act 2016
164Transitional—Fines Reform Amendment Act 2017
165Transitional provision—Transport Legislation Amendment (Better Roads Victoria and Other Amendments) Act 2019
165ATransitional provisions—Sentencing Amendment (Sentencing Standards) Act 2017
166Transitional—Justice Legislation Amendment (Victims) Act 2018
167Transitional provisions—Justice Legislation Miscellaneous Amendment Act 2018
168Transitional provision—Victims and Other Legislation Amendment Act 2018
169Transitional provision—Justice Legislation Amendment (Police and Other Matters) Act 2019
170Transitional provision—Sentencing Amendment (Emergency Worker Harm) Act 2020
171Transitional provision—Justice Legislation Amendment (Drug Court and Other Matters) Act 2020

Schedules

Schedule 1—Serious offender offences

Schedule 1A—Continuing criminal enterprise offences

Schedule 2—Forms for use where other offences taken into account in sentencing

Schedule 3—Transitional provisions—Sentencing Amendment (Community Correction Reform) Act 2011

Schedule 3A—Transitional provisions—Serious Offenders Act 2018

Schedule 4—Justice Legislation Amendment Act 2013—validation

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Endnotes

1 General information

2 Table of Amendments

3 Explanatory details

Version No. 231

Sentencing Act 1991

No. 49 of 1991

Version incorporating amendments as at

30 September 2025

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1Purposes
The purposes of this Act are—
(a)to promote consistency of approach in the sentencing of offenders;
(b)to have within the one Act all general provisions dealing with the powers of courts to sentence offenders;
(c)to provide fair procedures—
(i)for imposing sentences; and
(ii)for dealing with offenders who breach or contravene the terms or conditions of their sentences;

(d)to prevent crime and promote respect for the law by—
(i)providing for sentences that are intended to deter the offender or other persons from committing offences of the same or a similar character; and
(ii)providing for sentences that facilitate the rehabilitation of offenders; and
(iii)providing for sentences that allow the court to denounce the type of conduct in which the offender engaged; and
(iv)ensuring that offenders are only punished to the extent justified by—
(A)the nature and gravity of their offences; and
(B)their culpability and degree of responsibility for their offences; and
(C)the presence of any aggravating or mitigating factor concerning the offender and of any other relevant circumstances; and
(v)promoting public understanding of sentencing practices and procedures;

(e)to provide sentencing principles to be applied by courts in sentencing offenders;

* * * * *

(g)to provide for the sentencing of special categories of offender;
(h)to set out the objectives of various sentencing and other orders;
(i)to ensure that victims of crime receive adequate compensation and restitution;
(j)to provide a framework for the setting of maximum penalties;
(k)to vary the penalties that may be imposed in respect of offences under the Crimes Act 1958;
(l)generally to reform the sentencing laws of Victoria.

2Commencement
This Act comes into operation on a day or days to be proclaimed.
3Definitions
(1)In this Act—

* * * * *

Adult Parole Board means Adult Parole Board established by section 61 of the Corrections Act 1986;
alcohol exclusion condition means a condition that may be attached to a community correction order under section 48J(1);

* * * * *

approved drug and alcohol assessment agency means a person or body approved under section 8I by the Secretary to the Department of Health for the purposes of Division 1B of Part 3;

* * * * *

authorised person means a person appointed by the Secretary under section 115E;

authorised psychiatrist has the same meaning as in the Mental Health and Wellbeing Act 2022;

* * * * *

bond condition means a condition that may be attached to a community correction order under section 48JA(1);

Category A serious youth offence means any of the following offences—
(a)murder;
(b)attempted murder;
(c)manslaughter;
(d)child homicide;

(da)homicide by firearm;
(e)an offence against any of the following sections of the Crimes Act 1958—
(i)section 15A (intentionally causing serious injury in circumstances of gross violence);
(ii)section 77B (aggravated home invasion);
(iii)section 79A (aggravated carjacking);
(iv)section 197A (arson causing death);
(v)section 318 (culpable driving causing death);
(f)an offence against any one of the following—
(i)section 4B of the Terrorism (Community Protection) Act 2003;
(ii)a provision of Subdivision A of Division 72 of Chapter 4

of the Criminal Code of the Commonwealth;
(iii)a provision of Part 5.3 or 5.5 of the Criminal Code of the Commonwealth;
(iv)a provision of the Crimes (Foreign Incursions and Recruitment) Act 1978 of the Commonwealth as in force before its repeal;

Category B serious youth offence means an offence against any of the following sections of the Crimes Act 1958—
(a)section 15B (recklessly causing serious injury in circumstances of gross violence);
(b)section 38 (rape);
(c)section 39 (rape by compelling sexual penetration);
(d)section 77A (home invasion);
(e)section 79 (carjacking);

category 1 offence means any of the following offences committed by a person who is 18 years of age or more at the time of the commission of the offence—
(a)murder;
(b)an offence against section 15A(1) of the Crimes Act 1958 (causing serious injury intentionally in circumstances of gross violence);
(c)an offence against section 15B(1) of the Crimes Act 1958 (causing serious injury recklessly in circumstances of gross violence);
(ca)an offence against section 16 of the Crimes Act 1958 (causing serious injury intentionally) if—
(i)the victim was an emergency worker on duty, a custodial officer on duty or a youth justice custodial worker on duty within the meaning of section 10AA(8), (9), (10) and (11); and
(ii)the offender knew or was reckless as to whether the victim was a person referred to in subparagraph (i);
(cb)an offence against section 17 of the Crimes Act 1958 (causing serious injury recklessly) if—
(i)the victim was an emergency worker on duty, a custodial officer on duty or a youth justice custodial worker on duty within the meaning of section 10AA(8), (9), (10) and (11); and
(ii)the offender knew or was reckless as to whether the victim was a person referred to in subparagraph (i);
(cc)an offence against section 18 of the Crimes Act 1958 (causing injury intentionally or recklessly) if—
(i)the victim was an emergency worker on duty, a custodial officer on duty or a youth justice custodial worker on duty within the meaning of section 10AA(8), (9), (10) and (11); and
(ii)the offender knew or was reckless as to whether the victim was a person referred to in subparagraph (i);
(d)an offence against section 38(1) of the Crimes Act 1958 (rape);
(e)an offence against section 39(1) of the Crimes Act 1958 (rape by compelling sexual penetration);
(f)an offence against section 49A(1) of the Crimes Act 1958 (sexual penetration of a child under the age of 12);
(g)an offence against section 49J(1) of the Crimes Act 1958 (persistent sexual abuse of a child under the age of 16);
(h)an offence against section 50C(1) of the Crimes Act 1958 (sexual penetration of a child or lineal descendant) if the victim was, at the time of the offence, under the age of 18;
(i)an offence against section 50D(1) of the Crimes Act 1958 (sexual penetration of a step-child) if the victim was, at the time of the offence, under the age of 18;
(ia)an offence against section 77B(2) of the Crimes Act 1958 (aggravated home invasion);
(ib)an offence against section 79A(2) of the Crimes Act 1958 (aggravated carjacking);
(ic)an offence against section 317AC of the Crimes Act 1958 (intentionally exposing an emergency worker, a custodial officer or a youth justice custodial worker to risk by driving) if, in the commission of the offence, an emergency worker on duty, a custodial officer on duty or a youth justice custodial worker on duty within the meaning of section 317AB is injured;
(id)an offence against section 317AD of the Crimes Act 1958 (aggravated offence of intentionally exposing an emergency worker, a custodial officer or a youth justice custodial worker to risk by driving) if, in the commission of the offence, an emergency worker on duty, a custodial officer on duty or a youth justice custodial worker on duty within the meaning of section 317AB is injured;
(j)an offence against section 71(1) of the Drugs, Poisons and Controlled Substances Act 1981 (trafficking in a drug or drugs of dependence—large commercial quantity);
(ja)an offence against section 71AA(2) of the Drugs, Poisons and Controlled Substances Act 1981 (trafficking in a drug or drugs of dependence for the benefit of or at the direction of a criminal organisation—commercial quantity);
(k)an offence against section 72 of the Drugs, Poisons and Controlled Substances Act 1981 (cultivation of narcotic plants—large commercial quantity);
(l)an offence against any of the following provisions of the Crimes Act 1958 as in force before their repeal by section 16 of the Crimes Amendment (Sexual Offences) Act 2016—
(i)section 44(1) (incest with the person's child, other lineal descendant or step-child) if the victim was, at the time of the offence, under the age of 18;
(ii)section 44(2) (incest with a child, other lineal descendant or step-child under the age of 18 of the person's de facto spouse);
(iii)section 45(1) (sexual penetration of child under the age of 16) committed in the circumstance of aggravation described in section 45(2)(a) of the Crimes Act 1958 as then in force;
(iv)section 47A(1) (persistent sexual abuse of child under the age of 16);

category 2 offence means any of the following offences committed by a person who is 18 years of age or more at the time of the commission of the offence—
(a)manslaughter;
(b)an offence against section 5A of the Crimes Act 1958 (child homicide);
(ba)an offence against section 5B of the Crimes Act 1958 (homicide by firearm);
(c)an offence against section 16 of the Crimes Act 1958 (causing serious injury intentionally) other than a category 1 offence;
(d)an offence against section 63A of the Crimes Act 1958 (kidnapping);

(da)an offence against section 75A(2) of the Crimes Act 1958 (armed robbery) if—
(i)the offender has with him or her a firearm at the time of the offence; or
(ii)a victim of the offence has suffered injury as a direct result of the offence; or
(iii)the offence was committed by the offender in company with one or more other persons;

(db)an offence against section 77A(3) of the Crimes Act 1958 (home invasion);
(dc)an offence against section 79(2) of the Crimes Act 1958 (carjacking);
(e)an offence against section 197A of the Crimes Act 1958 (arson causing death);
(ea)an offence against section 318(1) of the Crimes Act 1958 (culpable driving causing death);
(eb)an offence against section 319(1) of the Crimes Act 1958 (dangerous driving causing death);

(f)the offence of kidnapping at common law;
(g)an offence against section 71AA(1) of the Drugs, Poisons and Controlled Substances Act 1981 (trafficking in a drug or drugs of dependence—commercial quantity);

(h)an offence against section 72A of the Drugs, Poisons and Controlled Substances Act 1981 (cultivation of narcotic plants—commercial quantity);
(i)an offence against section 4B(1) of the Terrorism (Community Protection) Act 2003 (providing documents or information facilitating terrorist acts);
(j)an offence against section 317AD of the Crimes Act 1958 (aggravated offence of intentionally exposing an emergency worker, a custodial officer or a youth justice custodial worker to risk by driving) other than a category 1 offence;
(k)an offence against section 317AF of the Crimes Act 1958 (aggravated offence of recklessly exposing an emergency worker, a custodial officer or a youth justice custodial worker to risk by driving);
(l)an offence against section 31C of the Crimes Act 1958 (discharging a firearm reckless to safety of a police officer or a protective services officer) in circumstances where the offender's conduct created a risk to the physical safety of the victim or to any member of the public;
(m)the offence of common assault committed in the circumstances referred to in section 320A(1) or (2) of the Crimes Act 1958 if the assault consisted of or included the direct application of force within the meaning of the definition of assault in section 31(2) of that Act;

* * * * *

chief psychiatrist means chief psychiatrist within the meaning of the Mental Health and Wellbeing Act 2022;

collection fee has the same meaning as it has in the Fines Reform Act 2014;

* * * * *

community correction order means an order made under Part 3A;

community corrections centre means community corrections centre established under Part 9 of the Corrections Act 1986;
community corrections officer means community corrections officer appointed under Part 4 of the Corrections Act 1986;

* * * * *

contravention in relation to a provision of an order or a sentence includes a failure to comply with that provision;

* * * * *

Court Assessment Order means an Order within the meaning of section 90;

Court Secure Treatment Order means an Order within the meaning of section 94A;

curfew condition means a condition that may be attached to a community correction order under section 48I(1);

depositions has the same meaning as in the Criminal Procedure Act 2009;

designated mental health service means a designated mental health service within the meaning of section 3(1) of the Mental Health and Wellbeing Act 2022;

detention, in relation to an order or sentence of a court, means detention in a youth justice centre or youth residential centre;

director, in relation to a body corporate, includes any person occupying the position of director of the body corporate (by whatever name called) and includes a person in accordance with whose directions or instructions the directors of the body corporate are accustomed to act;
Director of Public Prosecutions means the Director of Public Prosecutions appointed under the Constitution Act 1975;

* * * * *

driver licence has the same meaning as in the Road Safety Act 1986;
Drug Court means the Drug Court Division of either—
(a)the Magistrates' Court; or
(b)the County Court;

Drug Court officer means a person who—
(a)is employed under Part 3 of the Public Administration Act 2004; and
(b)exercises powers or performs functions in relation to the Drug Court;

* * * * *

drug of addiction means a drug of dependence within the meaning of the Drugs, Poisons and Controlled Substances Act 1981;

drug and alcohol treatment order means an order under Subdivision (1C) of Division 2 of Part 3;

enforcement warrant fee has the same meaning as it has in the Fines Reform Act 2014;

escape offence means an offence against section 479C of the Crimes Act 1958;

family violence intervention order means—
(a)a family violence intervention order within the meaning of section 11 of the Family Violence Protection Act 2008; or
(ab)a non-local DVO made by a court that is a recognised DVO; or
(b)one of the following orders made under the Crimes (Family Violence) Act 1987 as in force immediately before its repeal—
(i)an intervention order made on grounds referred to in section 4 or 4A of that Act, and subsequently varied or extended under section 16 or 16A of that Act;
(ii)an intervention order made on grounds referred to in section 4 or 4A of that Act, and subsequently varied or extended under section 16 or 16A of that Act;
(iii)an interim intervention order made on grounds referred to in section 8 of that Act;

fine means the sum of money payable by an offender under an order of a court made on the offender being convicted or found guilty of an offence and includes costs but does not include—
(a)money payable by way of restitution or compensation; or

(b)any costs of or incidental to an application for restitution or compensation payable by an offender under an order of a court; or
(c)costs incurred between the parties in a civil proceeding; or
(d)costs incurred by third parties; or
(e)money payable by an offender under an order of a court to an organisation that provides a charitable or community service or to the court for payment to such an organisation;

fine conversion order means an order made under section 64 or any order made under that provision as varied under section 67;

fine default unpaid community work order means an order made under section 69D, 69H(2)(a) or 69M(4) or any order made under those provisions as varied under section 69I;

fines work order means a fine conversion order or a fine default unpaid community work order;

* * * * *

indefinite sentence means a sentence of imprisonment for an indefinite term imposed under Subdivision (1A) of Division 2 of Part 3;

* * * * *

instalment order means an order made under Part 3B that a fine be paid by two or more instalments and includes such an order as varied under that Part;

* * * * *

intimate image offence has the same meaning as in the Criminal Procedure Act 2009;

* * * * *

judicial monitoring condition means a condition that may be attached to a community correction order under section 48K(1);

justice plan means a plan requested under section 80(3)(c);

justice plan condition means a condition that may be attached to—
(a)a community correction order; or
(b)an order releasing an offender on adjournment with or without recording a conviction—

under section 80(1);
lawyer means an Australian lawyer;

learner permit has the same meaning as in the Road Safety Act 1986;

legal practitioner means an Australian legal practitioner;

* * * * *

local law means local law made under Division 3 of Part 3 of the Local Government Act 2020;

mandatory treatment and monitoring order means an order made under section 44A;

* * * * *

Mental Health Tribunal means the Mental Health Tribunal established by section 330 of the Mental Health and Wellbeing Act 2022;

mental illness has the same meaning as in the Mental Health and Wellbeing Act 2022;

monitored condition means any of the following conditions—
(a)a curfew condition;
(b)a place or area exclusion condition;

motor vehicle has the same meaning as in the Road Safety Act 1986;
nominal sentence, in relation to an indefinite sentence, means the period fixed in accordance with section 18A(3);

non-association condition means a condition that may be attached to a community correction order under section 48F(1);

non-local DVO means a non-local DVO within the meaning of the National Domestic Violence Order Scheme Act 2016;

non-parole period, in relation to a sentence of imprisonment, means a period fixed in accordance with Subdivision (1) of Division 2 of Part 3 during which the offender is not eligible to be released on parole;
offence involving an assault means an offence against any of the following sections of the Crimes Act 1958—
(a)section 15A (intentionally causing serious injury in circumstances of gross violence);
(b)section 15B (recklessly causing serious injury in circumstances of gross violence);
(c)section 16 (intentionally causing serious injury);
(d)section 17 (recklessly causing serious injury);
(e)section 18 (intentionally or recklessly causing injury);

offence involving property damage means—
(a)an offence against section 197 of the Crimes Act 1958 (criminal damage); or
(b)an offence against section 9(1)(c) of the Summary Offences Act 1966 (wilful damage);

* * * * *

penalty reminder notice fee has the same meaning as it has in the Infringements Act 2006;

* * * * *

personal safety intervention order means—
(a)a personal safety intervention order within the meaning of the Personal Safety Intervention Orders Act 2010; or
(b)an intervention order within the meaning of the Stalking Intervention Orders Act 2008 (as in force immediately before its repeal); or
(c)an order made under section 4 of the Crimes (Family Violence) Act 1987 of a kind referred to in section 21A(5) of the Crimes Act 1958, both as in force immediately before their repeal;

place or area exclusion condition means a condition that may be attached to a community correction order under section 48H(1);

police officer has the same meaning as in the Victoria Police Act 2013;

Post Sentence Authority means the Post Sentence Authority continued in existence under section 290 of the Serious Offenders Act 2018;

prescribed person means a person prescribed under the regulations;

prisoner has the same meaning as in the Corrections Act 1986;
prison offence has the same meaning as in Part 7 of the Corrections Act 1986;

proper officer, in relation to a court, means the officer or officers of that court prescribed by rules of that court for the purpose of the provision in which the term is used;
proper venue, in relation to the Magistrates' Court, has the same meaning as in the Magistrates' Court Act 1989;

* * * * *

psychiatrist means a person who is registered under the Health Practitioner Regulation National Law as a medical practitioner in the speciality of psychiatry (other than as a student);
recognised DVO means a recognised DVO within the meaning of the National Domestic Violence Order Scheme Act 2016;

Regional Manager, in relation to—
(a)a drug and alcohol treatment order; or
(b)a community correction order; or
(ba)a fine conversion order; or
(c)a fine default unpaid community work order—

means the person appointed under Part 4 of the Corrections Act 1986 to be the Regional Manager of the region in which the community corrections centre specified in the order is located;
registered psychologist means a person registered under the Health Practitioner Regulation National Law to practise in the psychology profession (other than as a student);

residence restriction or exclusion condition means a condition that may be attached to a community correction order under section 48G(1);

residential treatment facility has the same meaning as it has in section 3(1) of the Disability Act 2006;

residential treatment order means an order made under section 82AA(1);

* * * * *

Secretary means the Secretary to the Department of Justice and Community Safety;

Secretary to the Department of Health means the Department Head (within the meaning of the Public Administration Act 2004) of the Department of Health;

secure custody facility means—
(a)a prison as defined in section 3 of the Corrections Act 1986; or
(b)a youth justice centre; or
(c)any other place the Minister specifies under subsection (2);

Secure Treatment Order means an Order within the meaning of section 534 of the Mental Health and Wellbeing Act 2022;

security patient has the same meaning as in the Mental Health and Wellbeing Act 2022;

security resident has the same meaning as it has in section 3(1) of the Disability Act 2006;

sentencing court, in relation to an order made under this Act, means the court that made the order;

serious offence, for the purposes of Subdivision (1A) of Division 2 of Part 3 (indefinite sentences) means—
(a)murder; or
(b)manslaughter; or

(baa)child homicide; or

* * * * *
(bb)homicide by firearm; or
(c)an offence against any of the following sections of the Crimes Act 1958—
(iaa)section 15A (causing serious injury intentionally in circumstances of gross violence);
(iab)section 15B (causing serious injury recklessly in circumstances of gross violence);
(i)section 16 (causing serious injury intentionally);
(ii)section 20 (threats to kill);
(iii)section 38 (rape);
(iv)section 39(1) (rape by compelling sexual penetration);
(iva)section 42(1) (assault with intent to commit a sexual offence);
(v)section 50C(1) (sexual penetration of a child or lineal descendant), 50D(1) (sexual penetration of a step-child) or 50F(1) (sexual penetration of a sibling or half‑sibling) in circumstances other than where both people are aged 18 or older and each consented (as defined by sections 36 and 36AA of the Crimes Act1958) to the sexual penetration;
(vi)section 49A(1) (sexual penetration of a child under the age of 12) or 49B(1) (sexual penetration of a child under the age of 16);

* * * * *
(viii)section 49J(1) (persistent sexual abuse of a child under the age of 16);
(ix)section 47 (abduction or detention for a sexual purpose);
(x)section 49P (abduction or detention of a child under the age of 16 for a sexual purpose);
(xi)section 63A (kidnapping);
(xii)section 75A (armed robbery); or
(ca)an offence against section 45(1) (sexual penetration of child under the age of 10) (as amended) of the Crimes Act 1958 inserted in the Crimes Act 1958 on 5 August 1991 by section 3 of the Crimes (Sexual Offences) Act 1991 and repealed by section 5 of the Crimes (Amendment) Act 2000; or
(cb)an offence against section 46(1) (sexual penetration of child aged between 10 and 16) (as amended) of the Crimes Act 1958 inserted in the Crimes Act 1958 on 5 August 1991 by section 3 of the Crimes (Sexual Offences) Act 1991 and repealed by section 5 of the Crimes (Amendment) Act 2000; or
(cc)an offence against any of the following provisions of the Crimes Act 1958 inserted in the Crimes Act 1958 on 5 August 1991 by section 3 of the Crimes (Sexual Offences) Act 1991 and repealed by section 16 of the Crimes Amendment (Sexual Offences) Act 2016—
(i)section 44(1), (2) or (4) (incest) in circumstances other than where both people are aged 18 or older and each consented to the sexual penetration;
(ii)section 47A(1) (persistent sexual abuse of child under the age of 16);
(iii)section 55 (abduction or detention);
(iv)section 56(1) or (2) (abduction of child under the age of 16); or

(cd)an offence against section 45(1) of the Crimes Act 1958 (sexual penetration of child under the age of 16) inserted in the Crimes Act 1958 on 22 November 2000 by section 5 of the Crimes (Amendment) Act 2000 and repealed by section 16 of the Crimes Amendment (Sexual Offences) Act 2016; or
(d)an offence against a provision of the Crimes Act 1958 which was repealed before the commencement of section 4(e) of the Sentencing (Amendment) Act 1993 and which the presiding judge is satisfied beyond reasonable doubt, having regard to the facts in evidence, could have been charged as an offence against a provision mentioned in paragraph (c) had it been committed while that provision was in force; or

(da)an offence that, at the time it was committed, was a serious offence; or
(e)any of the following common law offences—
(i)rape;
(ii)assault with intent to rape; or
(f)an offence of conspiracy to commit, incitement to commit or attempting to commit, an offence referred to in any of the preceding paragraphs;

* * * * *

severe substance dependence has the same meaning as in section 5 of the Severe Substance Dependence Treatment Act 2010;

* * * * *

standard sentence, in relation to an offence, means the period specified by an Act as the standard sentence for the offence;
Note
See section 5A.
standard sentence offence means an offence for which an Act specifies a standard sentence;
Note
See section 5A.

subordinate instrument has the same meaning as in the Interpretation of Legislation Act1984;
supervision condition means a condition that may be attached to a community correction order under section 48E(1);

Temporary Treatment Order means an Order within the meaning of section 180 of the Mental Health and Wellbeing Act 2022;

time to pay order means an order made under Part 3B that an offender be allowed time to pay a fine and includes such an order as varied under that Part;

total effective sentence has the same meaning as in the Criminal Procedure Act 2009;

treatment and rehabilitation condition means a condition that may be attached to a community correction order under section 48D(1);

* * * * *

undertaking means a written undertaking by the offender in the prescribed form;
unpaid community work condition means a condition that may be attached to a community correction order under section 48C(1);

victim, in relation to an offence, means a person who, or body that, has suffered injury, loss or damage (including grief, distress, trauma or other significant adverse effect) as a direct result of the offence, whether or not that injury, loss or damage was reasonably foreseeable by the offender;

* * * * *

working day, in relation to a court, means a day on which the offices of the court are open;

* * * * *

young offender means an offender who at the time of being sentenced is under the age of 21 years;

youth justice centre has the same meaning as in the Children, Youth and Families Act2005;

youth justice centre order means an order made under Subdivision (4) of Division 2 of Part 3 directing the detention of a young offender in a youth justice centre;

* * * * *

youth residential centre has the same meaning as in the Children, Youth and Families Act2005;

youth residential centre order means an order made under Subdivision (4) of Division 2 of Part 3 directing the detention of a young offender in a youth residential centre;

* * * * *

(2)The Minister may, by notice published in the Government Gazette, specify a place for the purposes of paragraph (c) of the definition of secure custody facility in subsection (1).

(3)Section 6(b) of the Corrections Act 1986 is taken to include an order under section 18ZL(1)(f) that a person serve a period in a place referred to in paragraph (c) of the definition of secure custody facility in subsection (1).
4Application
This Act applies to all courts except the Children's Court.

PART 2—GOVERNING PRINCIPLES

5Sentencing guidelines
(1)The only purposes for which sentences may be imposed are—
(a)to punish the offender to an extent and in a manner which is just in all of the circumstances; or
(b)to deter the offender or other persons from committing offences of the same or a similar character; or
(c)to establish conditions within which it is considered by the court that the rehabilitation of the offender may be facilitated; or
(d)to manifest the denunciation by the court of the type of conduct in which the offender engaged; or
(e)to protect the community from the offender; or
(f)a combination of two or more of those purposes.

(2AA)Despite anything to the contrary in this Act, in sentencing an offender a court must not have regard to[1]—
(a)any possibility or likelihood that the length of time actually spent in custody by the offender will be affected by executive action of any kind; or
(b)any sentencing practices arising at any time out of section 10 of this Act as in force at any time before its expiry on 22 April 1997.

(2AB)If, in sentencing an offender, a court imposes a less severe sentence than it would otherwise have imposed because of an undertaking given by the offender to assist, after sentencing, law enforcement authorities in the investigation or prosecution of an offence, the court must announce that it is doing so and cause to be noted in the records of the court the fact that the undertaking was given and its details.
(2AC)Nothing in subsection (2AB) requires a court to state the sentence that it would have imposed but for the undertaking that was given.
(2)In sentencing an offender a court must have regard to—
(a)the maximum penalty prescribed for the offence; and
(ab)the standard sentence, if any, for the offence; and

(b)current sentencing practices; and
(c)the nature and gravity of the offence; and
(d)the offender's culpability and degree of responsibility for the offence; and

(daaa)whether the offence was motivated (wholly or partly) by hatred for or prejudice against a group of people with common characteristics with which the victim was associated or with which the offender believed the victim was associated; and
(daa)the impact of the offence on any victim of the offence; and

(da)the personal circumstances of any victim of the offence; and

(db)any injury, loss or damage resulting directly from the offence; and

(e)whether the offender pleaded guilty to the offence and, if so, the stage in the proceedings at which the offender did so or indicated an intention to do so; and
(f)the offender's previous character; and
(g)the presence of any aggravating or mitigating factor concerning the offender or of any other relevant circumstances.

Note
See section 5AA in relation to the court having regard to previous good character or lack of previous findings of guilt or convictions in certain circumstances.
(2A)In sentencing an offender a court—

(a)may have regard to a forfeiture order made under the Confiscation Act 1997 in respect of property—
(i)that was used in, or in connection with, the commission of the offence;
(ii)that was intended to be used in, or in connection with, the commission of the offence;
(iii)that was derived or realised, or substantially derived or realised, directly or indirectly, from property referred to in subparagraph (i) or (ii);

(ab)if it is satisfied that property was acquired lawfully, may have regard to automatic forfeiture under Division 2 or 3 of Part 3 of the Confiscation Act 1997 in respect of property—
(i)that was used in, or in connection with, the commission of the offence;
(ii)that was intended to be used in, or in connection with, the commission of the offence;
(iii)that was derived or realised, or substantially derived or realised, directly or indirectly, from property referred to in subparagraph (i) or (ii);

(b)must not have regard to a forfeiture order made under that Act in respect of property that was derived or realised, or substantially derived or realised, directly or indirectly, by any person as a result of the commission of the offence;
(c)may have regard to a pecuniary penalty order made under that Act to the extent to which it relates to benefits in excess of profits derived from the commission of the offence;
(d)must not have regard to a pecuniary penalty order made under that Act to the extent to which relates to profits (as opposed to benefits) derived from the commission of the offence;
(e)subject to paragraph (ab), must not have regard to the automatic forfeiture of property under Division 2 or 3 of Part 3 of that Act or a pecuniary penalty made under that Act in relation to a Schedule 2 offence;

(f)must not have regard to the automatic forfeiture of property under Division 4 of Part 3 of that Act in relation to a serious drug offence.

(2B)Nothing in subsection (2A) prevents a court from having regard to a forfeiture order or civil forfeiture order made under, or automatic forfeiture occurring by operation of, the Confiscation Act 1997 as an indication of remorse or co-operation with the authorities on the part of the offender.
(2BA)In sentencing an offender, a court—

(a)must not have regard to the fact that the offender is subject to an extended supervision order or interim extended supervision order under the Serious Sex Offenders Monitoring Act 2005 but, if relevant to the conditions of any sentence imposed by it, may have regard to the conditions of that order and the terms of any current directions or instructions given by the Post Sentence Authority under section 16 of that Act;

* * * * *

(2BB)For the purposes of subsection (2BA)(a), the court may request the Secretary within the meaning of the Serious Sex Offenders Monitoring Act 2005 to provide it with a report setting out—
(a)the conditions of the extended supervision order or interim extended supervision order to which the offender is subject under that Act; and
(b)the terms of any current directions or instructions given by the Post Sentence Authority under section 16 of that Act in relation to that order.

(2BC)In sentencing an offender a court must not have regard to any consequences that may arise under the Sex Offenders Registration Act 2004 or the Worker Screening Act 2020 from the imposition of the sentence.
(2BD)In sentencing an offender, a court—

(a)must not have regard to the fact that the offender is subject to an order made under the Serious Offenders Act 2018 but, if relevant to the conditions of any sentence imposed by it, may have regard to the conditions (if any) imposed on that order and the terms of any current directions or instructions given by the Authority under Part 11 of that Act;
(b)must not have regard to any possibility or likelihood of an application being made under that Act for an order in respect of the offender.

(2BE)For the purposes of subsection (2BD)(a), the court may request the Secretary to provide it with a report setting out—
(a)the conditions of the supervision order or interim supervision order to which the offender is subject under that Act; and
(b)the terms of any current directions or instructions given by the Post Sentence Authority under section 119, 120(2) or 121 of that Act in relation to that order.

(2C)In sentencing an offender a court may have regard to the conduct of the offender on or in connection with the trial or hearing as an indication of remorse or lack of remorse on his or her part.

(2CA)In sentencing an offender who has been found guilty of murder, conspiracy to murder, accessory to murder or manslaughter in circumstances in which the body or remains of the deceased victim have not been located, a court may have regard to whether the offender has cooperated in the investigation of the offence to identify—
(a)the location, or last known location, of that body or those remains; and
(b)the place where the body or remains of the victim of the offence may be found.

(2D)In having regard to the conduct of the offender under subsection (2C), the court may consider the extent to which the offender complied with, or failed to comply with, a requirement imposed on the offender by or under Part 5.5 of Chapter 5 of the Criminal Procedure Act 2009.

(2E)An offender who pleads guilty to an offence after the determination by the Court of Appeal[2] of a question of law reserved under section 302(2) of the Criminal Procedure Act 2009 is to be taken to have pleaded guilty immediately after arraignment.

(2F)In sentencing an offender for the incidents of the commission of an offence included in a course of conduct charge (within the meaning of clause 4A of Schedule 1 to the Criminal Procedure Act 2009) a court—
(a)must impose a sentence that reflects the totality of the offending that constitutes the course of conduct; and
(b)must not impose a sentence that exceeds the maximum penalty prescribed for the offence if charged as a single offence.

Note
If a jury finds a person guilty of a course of conduct charge, in making finding of facts relevant to sentencing the sentencing judge determines the course of conduct in which the person engaged and by reference to which the person will be sentenced.

(2G)Subject to subsection (2GA), in sentencing an offender for a category 1 offence, a court must make an order under Division 2 of Part 3 (other than a sentence of imprisonment imposed in addition to making a community correction order in accordance with section 44).
(2GA)In sentencing an offender for an offence referred to in paragraph (ca), (cb), (cc), (ic) or (id) of the definition of category 1 offence where the court has found under section 10A that a special reason exists and having regard to the Parliament's intention set out in section 10A(3)(aa) to (b), a court must make either—
(a)an order referred to in subsection (2G); or
(b)a mandatory treatment and monitoring order (whether or not a sentence of imprisonment is imposed under section 44), a residential treatment order or a Court Secure Treatment Order if—
(i)the offender proves on the balance of probabilities that, at the time of the commission of the offence, the offender had impaired mental functioning that is causally linked to the commission of the offence and substantially and materially reduces the offender's culpability; and
(ii)the court is satisfied that a mandatory treatment and monitoring order, a residential treatment order or a Court Secure Treatment Order, as the case requires, is appropriate.

(2GB)Before making an order under subsection (2GA)(b) a court must—
(a)have received a report addressing the matters in subsection (2GA)(b)(i) by a psychiatrist or a registered psychologist who has examined the offender in relation to the offending; and
(b)have regard to that report and any other evidence that the court considers relevant.

(2GC)Subsection (2GA) does not apply to impaired mental functioning caused substantially by self‑induced intoxication.

(2H)In sentencing an offender for a category 2 offence, a court must make an order under Division 2 of Part 3 (other than a sentence of imprisonment imposed in addition to making a community correction order in accordance with section 44) unless—
(a)the offender has assisted or has given an undertaking to assist, after sentencing, law enforcement authorities in the investigation or prosecution of an offence; or
Notes
1 Section 5(2AB) also applies.
2 If an offender fails to fulfil an undertaking, the Director of Public Prosecutions has a right under section 291 of the Criminal Procedure Act 2009 to appeal against the less severe sentence imposed.

* * * * *

(c)the offender proves on the balance of probabilities that—
(i)subject to subsection (2HA), at the time of the commission of the offence, he or she had impaired mental functioning that is causally linked to the commission of the offence and substantially and materially reduces the offender's culpability; or
(ii)the offender has impaired mental functioning that would result in the offender being subject to substantially and materially greater than the ordinary burden or risks of imprisonment; or

(d)the court proposes to make a Court Secure Treatment Order or a residential treatment order in respect of the offender; or
(e)there are substantial and compelling circumstances that are exceptional and rare and that justify not making an order under Division 2 of Part 3 (that is not a sentence of imprisonment imposed in addition to making a community correction order in accordance with section 44).

(2HA)Subsection (2H)(c)(i) does not apply to impaired mental functioning caused substantially by self‑induced intoxication.

(2HB)In subsections (2GA), (2GC), (2H) and (2HA)—
impaired mental functioning has the same meaning as in section 10A;
self-induced intoxication has the same meaning as in section 322T(5) and (6) of the Crimes Act 1958.

(2HC)In determining whether there are substantial and compelling circumstances under subsection (2H)(e), the court—
(a)must regard general deterrence and denunciation of the offender's conduct as having greater importance than the other purposes set out in section 5(1); and
(b)must give less weight to the personal circumstances of the offender than to other matters such as the nature and gravity of the offence; and
(c)must not have regard to—
(i)the offender's previous good character (other than an absence of previous convictions or findings of guilt); or
(ii)an early guilty plea; or
(iii)prospects of rehabilitation; or
(iv)parity with other sentences.

(2I)In determining whether there are substantial and compelling circumstances under subsection (2H)(e), the court must have regard to—
(a)the Parliament's intention that in sentencing an offender for a category 2 offence only an order under Division 2 of Part 3 (that is not a sentence of imprisonment imposed in addition to making a community correction order in accordance with section 44) should ordinarily be made; and
(b)whether the cumulative impact of the circumstances of the case would justify a departure from such a sentence.

(2J)In sentencing a young offender aged 16 years or more but under 18 years at the time of the commission of an indictable offence, the Supreme Court or the County Court must have regard to any requirement in this Act that a specified minimum non-parole period of imprisonment be fixed or a specified minimum term of imprisonment be imposed, had the offence been committed by an adult.
(3)Subject to subsections (2G), (2GA) and (2H), a court must not impose a sentence that is more severe than that which is necessary to achieve the purpose or purposes for which the sentence is imposed.
(4)Subject to subsections (2G), (2GA) and (2H), a court must not impose a sentence that involves the confinement of the offender unless it considers that the purpose or purposes for which the sentence is imposed cannot be achieved by a sentence that does not involve the confinement of the offender.
* * * * *

(4B)Subject to subsections (2G), (2GA) and (2H), a court must not impose a sentence that involves the confinement of the offender unless it considers that the purpose or purposes for which the sentence is imposed cannot be achieved by a drug and alcohol treatment order.

(4C)Subject to subsections (2G), (2GA) and (2H), a court must not impose a sentence that involves the confinement of the offender unless it considers that the purpose or purposes for which the sentence is imposed cannot be achieved by a community correction order to which one or more of the conditions referred to in sections 48F, 48G, 48H, 48I and 48J are attached.
(5)A court must not impose a drug and alcohol treatment order unless it considers that the purpose or purposes for which the sentence is imposed cannot be achieved by a community correction order.
(6)A court must not impose a community correction order unless it considers that the purpose or purposes for which the sentence is imposed cannot be achieved by imposing a fine.
(7)A court must not impose a fine unless it considers that the purpose or purposes for which the sentence is imposed cannot be achieved by a dismissal, discharge or adjournment.

5AACourt not to have regard to previous good character or lack of previous findings of guilt or convictions in certain circumstances
(1)Despite section 5(2), in sentencing an offender for a child sexual offence, a court must not have regard to the offender's previous good character or lack of previous findings of guilt or convictions if the court is satisfied the offender's previous good character or lack of previous findings of guilt or convictions was of assistance to the offender in the commission of the offence.
(2)Subsection (1) does not apply to an offender who is under the age of 18 years at the time of the commission of the offence.

(3)In this section—
child sexual offence means a sexual offence within the meaning of section 3 of the Criminal Procedure Act 2009 (other than an intimate image offence), committed in relation to a person under the age of 18 years.

5AStandard sentence scheme
(1)If the Act that creates an offence, or prescribes the maximum penalty for an offence, specifies a period as the standard sentence for the offence, then—
(a)the offence is a standard sentence offence; and
(b)the period specified as the standard sentence for the offence is the sentence for an offence that, taking into account only the objective factors affecting the relative seriousness of that offence, is in the middle of the range of seriousness.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

3 Explanatory details

[1] S. 5(2AA):

Section 5 of the Sentencing and Other Acts (Amendment) Act 1997, No. 48/1997 (repealed) inserted two new guidelines into section 5 of the Sentencing Act 1991.

Section 5(2AA)(a) is declaratory of the common law position that the court must not have regard in sentencing an offender to any possibility or likelihood that the length of time actually spent in custody by the offender will be affected by executive action of any kind. Such executive action would include any action which the Adult Parole Board might take in respect of a sentence.

Section 5(2AA)(b) directs the court, when considering sentencing an offender, not to have regard to any sentencing practices which arose out of the application of section 10 of the Sentencing Act 1991.

Section 10(1) was in the following terms:

"When sentencing an offender to a term of imprisonment a court must consider whether the sentence it proposes would result in the offender spending more time in custody, only because of the abolition of remission entitlements by section 3(1) of the Corrections (Remissions) Act 1991, than he or she would have spent had he or she been sentenced before the commencement of that section for a similar offence in similar circumstances."

If section 10(1) applied, section 10(2) required the court to reduce the sentence it would otherwise have passed by one third. Section 10 of the SentencingAct 1991 sunsetted on 22 April 1997. The sunset clause was in the following terms:

"It is intended that the expiry of this section will not of itself have any effect on sentencing practices and that after the expiry a court will, as required by section 5(2)(b), have regard to sentencing practices current immediately before then as if this section had not expired."

In R vBoucher [1995] 1 VR 110, section 10 was interpreted to apply only to offences where the maximum penalty had remained unaltered by the Sentencing Act 1991. The court took the view that Parliament had already taken into account the abolition of remissions when formulating the new penalties. This led to inconsistent and anomalous sentencing practices, which had the effect of distorting the scale of effective maximum penalties.

Section 5(2AA)(b) requires the court to disregard any sentencing practices which developed from the application of section 10 of the Sentencing Act 1991. This is intended to include the principles expressed in Boucher's case.

[2] S. 5(2E): Section 29 of the Constitution (Court of Appeal) Act 1994, No. 109/1994 reads as follows:

29Proceedings before Full Court
(1)The Constitution Act 1975, the Supreme Court Act 1986 and the Crimes Act 1958 and any other Act amended by this Act as respectively in force immediately before the commencement of this section continue to apply, despite the enactment of this Act, to a proceeding the hearing of which by the Full Court of the Supreme Court commenced before the commencement of this section.
(2)If the Court of Appeal so orders, anything required to be done by the Supreme Court in relation to or as a consequence of a proceeding after the Full Court has delivered judgment in that proceeding, may be done by the Court of Appeal.

[3] S. 9:

Section 9 of the Sentencing and Other Acts (Amendment) Act 1997, No. 48/1997 (repealed) inserted a new section 9 into the Sentencing Act 1991 to provide the Magistrates' Court with the power to impose an aggregate sentence of imprisonment in certain circumstances. The power to impose an aggregate sentence is founded on a proper joinder of the charges before the court. (See for example the Crimes Act 1958, Rule 2, Sixth Schedule (repealed)). A similar power is contained in section 51 of the SentencingAct 1991 in respect of fines. The power is not limited to sentencing for summary offences, but applies to any proceedings in the Magistrates' Court, including indictable offences being tried summarily.

[4] S. 10 (expired): Section 10 was in operation from 22 April 1992 until 22 April 1997. Section 10, as in force before 22 April 1997, read as follows:

10Court must take abolition of remissions into account
(1)When sentencing an offender to a term of imprisonment a court must consider whether the sentence it proposes would result in the offender spending more time in custody, only because of the abolition of remission entitlements by section 3(1) of the Corrections (Remissions) Act 1991, than he or she would have spent had he or she been sentenced before the commencement of that section for a similar offence in similar circumstances.
(2)If the court considers that the sentence it proposes would have the result referred to in subsection (1) it must reduce the proposed sentence in accordance with subsection (3).
(3)In applying this section a court—
(a)must assume that an offender sentenced before the commencement of section 3(1) of the Corrections (Remissions) Act 1991 would have been entitled to maximum remission entitlements; and
(b)must not reduce a sentence by more than is necessary to ensure that the actual time spent in custody by an offender sentenced after that commencement is not greater, only because of the abolition of remissions, that it would have been if the offender had been sentenced before that commencement for a similar offence in similar circumstances.

(4)For the purposes of this section—
(a)remission entitlements are entitlements to remission under section 60 of the Corrections Act 1986 or regulation 97 of the Corrections Regulations 1988; and
(b)term of imprisonment includes—
(i)a term that is suspended wholly or partly; and
(ii)any non-parole period fixed in respect of the term.

S. 10(4A) inserted by No. 41/1993 s. 6.

(4A)This section does not apply to the Supreme Court or the County Court when sentencing a serious sexual offender for a sexual offence or a violent offence or a serious violent offender for a serious violent offence.
(5)This section expires on the fifth anniversary of the day on which it comes into operation.
(6)It is intended that the expiry of this section will not of itself have any effect on sentencing practices and that after the expiry a court will, as required by section 5(2)(b), have regard to sentencing practices current immediately before then as if this section had not expired.

[5] S. 16:

Sections 16 and 17 of the Sentencing and Other Acts (Amendment) Act 1997, No. 48/1997 (repealed) concerned Youth Training Centre orders and Youth Residential Centre orders. These sections amended various sections of the Sentencing Act 1991 to insert consistent terminology, for example, the use of "young offender" throughout the Act. The amendments also clarified that, in sentencing a young offender, the Supreme and County courts may impose up to a maximum of 3 years detention. Section 32 has also been amended to enable the court to order detention in a Youth Residential Centre in respect of young offenders who at the time of being sentenced are under 15 years of age.

The amendments clarified that the provisions of the Sentencing Act 1991 are paramount when courts other than the Children’s Court are sentencing a young offender, who is defined in section 3 as being an offender who at the time of being sentenced is under the age of 21 years. For an example of the difficulties which the courts have had in interpreting the interrelationship of the provisions of the Children and Young Persons Act 1989 (repealed) and the Sentencing Act 1991 when sentencing children, see the case of R v Hill [1996] 2 VR 496.

[6] S. 16(1A)(d):

Section 10 of the Sentencing and Other Acts (Amendment) Act 1997, No. 48/1997 (repealed) amended section 16 of the Principal Act to deal with the sentencing of offenders who commit offences while on parole or bail.

New section 16(3B) of the Sentencing Act 1991 requires a sentence of imprisonment imposed on an offender for an offence committed while on parole to be served cumulatively on any period of imprisonment which that offender may be required to serve in custody on cancellation of the parole order, unless otherwise directed by the court because of the existence of exceptional circumstances.

In R v Kuru (1995) 78 A Crim R 447 the Victorian Court of Appeal held that an offender is not to be regarded as actually serving a sentence when released on parole. Accordingly, there was no sentence in existence upon which another sentence could be ordered to be served cumulatively. Under the new subsection, the court will be required to order cumulation of the sentence unless there are exceptional circumstances.

[7] S. 16(1A)(e): The amendment proposed by section 17(1) of the Crimes Legislation Amendment (Protection of Emergency Workers and Others) Act 2017, No. 65/2017 (repealed) is not included in this publication because the word "offence." does not appear in section 16(1A)(e). Section 17(1) reads as follows:

17Sentences—whether concurrent or cumulative
(1)In section 16(1A)(e) of the Sentencing Act 1991, for "offence." substitute "offence; or".

[8] S. 16(1A)(e): See note 6.

[9] S. 16(3B): See note 6.

[10] S. 16(3C): See note 6.

[11] S. 17: See note 5.

[12] S. 18:

Section 11 of the Sentencing and Other Acts (Amendment) Act 1997, No. 48/1997 (repealed) amended section 18 of the SentencingAct 1991 by extending the circumstances in which a declaration pursuant to section 18(1) may be made. Section 18 of the SentencingAct 1991 provides a mechanism for recognising the period of time an offender has been held in custody prior to sentence, as well as for treating such terms as a period of imprisonment already served under the sentence. The aim of the amendments was to enable section 18 declarations to be made in as many cases as possible. It is no longer necessary for the time held in custody to be exclusively referable to the offence for which the offender is being sentenced before a declaration pursuant to section 18(1) of the Act is made. See, for example, the case of R v Renzella, unreported, Court of Appeal (Vic.) 6/9/1996.

Section 11(2)(a) clarified that such declarations cannot be made in respect of intensive correction orders.

Section 11(2)(b) inserted a new subsection (d) into section 18 to clarify that the offender should not receive a benefit for pre-sentence detention more than once for any specific period of pre-sentence custody.

Section 11(3) amended section 18(4) of the Act to remove the inconsistent requirement referred to in R v McGrath, unreported, Court of Criminal Appeal (Vic.) 15/9/1992. When a court imposes a sentence of imprisonment, in circumstances in which section 18(1) of the Act applies, it must make a declaration concerning whether any period of time is to be reckoned as a period of imprisonment served as part of the sentence imposed. When a sentence of imprisonment is imposed it is not normally reduced by the amount of pre-sentence imprisonment. Therefore any period of pre-sentence imprisonment which should be reckoned as part of that sentence which has been served, should be declared as served.

Corresponding amendments have been made to the provisions governing sentences of detention imposed on young offenders in section 35 of the SentencingAct 1991.

[13] S. 18O: See note 2.

[14] S. 32: See note 5.

[15] S. 33: See note 5.

[16] S. 34: See note 5.

[17] S. 35: See note 5.

[18] S. 35: See note 12.

[19] S. 114: The following Table sets out the alterations in the maximum penalties for offences under the Crimes Act 1958, No. 6231/1958. The alterations were made by section 60 (Schedule 1) of the Sentencing and Other Acts (Amendment) Act 1997, No. 48/1997 (repealed) and came into operation on 1 September 1997:

TABLE INDICATING THE PREVIOUSLY PRESCRIBED MAXIMUM PENALTY FOR AN OFFENCE AND THE NEW PRESCRIBED MAXIMUM PENALTY FOR AN OFFENCE

OFFENCE	PREVIOUSLY PRESCRIBED MAXIMUM PENALTY	NEW PRESCRIBED MAXIMUM PENALTY
Section 3 Murder (common law)	Level 1 imprisonment (Life)	Level 1 imprisonment (Life)
Section 3A Murder (Crimes Act)	Level 1 imprisonment (Life)	Level 1 imprisonment (Life)

OFFENCE	PREVIOUSLY PRESCRIBED MAXIMUM PENALTY	NEW PRESCRIBED MAXIMUM PENALTY
Section 5 Manslaughter	Level 3 imprisonment (15 years)	Level 3 imprisonment (20 years)
Section 6 Infanticide	Level 7 imprisonment (5 years)	Level 6 imprisonment (5 years)
Section 6B(1A) Suicide pact manslaughter Section 6B(2) Inciting, aids or abets suicide Section 6B(2) Being party to a suicide pact	Level 6 imprisonment (7½ years) Level 7 imprisonment (5 years) Level 8 imprisonment (3 years)	Level 5 imprisonment (10 years) Level 6 imprisonment (5 years) Level 6 imprisonment (5 years)
Section 9A(1) Treason Section 9A(2) Knowingly receiving or assisting a person guilty of treason	Level 1 imprisonment (Life) Level 3 imprisonment (15 years)	Level 1 imprisonment (Life) Level 3 imprisonment (20 years)
Section 10 Child destruction	Level 5 imprisonment (10 years)	Level 4 imprisonment (15 years)
Section 16 Causing serious injury intentionally	Level 4 imprisonment (12½ years)	Level 3 imprisonment (20 years)
Section 17 Causing serious injury recklessly	Level 5 imprisonment (10 years)	Level 4 imprisonment (15 years)
Section 18 Causing injury intentionally Section 18 Causing injury recklessly	Level 6 imprisonment (7½ years) Level 7 imprisonment (5 years)	Level 5 imprisonment (10 years) Level 6 imprisonment (5 years)
Section 19(1) Administering a substance to another	Level 7 imprisonment (5 years)	Level 6 imprisonment (5 years)
Section 19A Intentionally causing a very serious disease	25 years imprisonment	Level 2 imprisonment (25 years)
Section 20 Threats to kill	Level 7 imprisonment (5 years)	Level 5 imprisonment (10 years)
Section 21 Threats to inflict serious injury	Level 8 imprisonment (3 years)	Level 6 imprisonment (5 years)
OFFENCE	PREVIOUSLY PRESCRIBED MAXIMUM PENALTY	NEW PRESCRIBED MAXIMUM PENALTY
Section 21A Stalking	Level 5 imprisonment (10 years)	Level 5 imprisonment (10 years)
Section 22 Conduct endangering life	Level 5 imprisonment (10 years)	Level 5 imprisonment (10 years)
Section 23 Conduct endangering persons	Level 6 imprisonment (7½ years)	Level 6 imprisonment (5 years)
Section 24 Negligently causing serious injury	Level 7 imprisonment (5 years)	Level 6 imprisonment (5 years)
Section 25 Setting traps to kill	Level 4 imprisonment (12½ years)	Level 4 imprisonment (15 years)
Section 26 Setting traps to cause serious injury	Level 5 imprisonment (10 years)	Level 5 imprisonment (10 years)
Section 27 Extortion with threat to kill	Level 6 imprisonment (7½ years)	Level 4 imprisonment (15 years)
Section 28 Extortion with threat to destroy property	Level 7 imprisonment (5 years)	Level 5 imprisonment (10 years)
Section 29 Using firearm to resist arrest	Level 5 imprisonment or Level 5 fine (10 years or 1200 Penalty Units)	Level 5 imprisonment (10 years) or Level 5 fine (1200 penalty units)
Section 30 Threatening injury to prevent arrest	Level 7 imprisonment (5 years)	Level 6 imprisonment (5 years)
Section 31 Assaults	Level 8 imprisonment (3 years)	Level 6 imprisonment (5 years)
Section 32 Performing female genital mutilation	Level 4 imprisonment (12½ years)	Level 4 imprisonment (15 years)
Section 33 Taking a person from the State to perform female genital mutilation	Level 4 imprisonment (12½ years)	Level 4 imprisonment (15 years
Section 38 Rape	25 years imprisonment	Level 2 imprisonment (25 years)
Section 39 Indecent assault	Level 5 imprisonment (10 years)	Level 5 imprisonment (10 years)
OFFENCE	PREVIOUSLY PRESCRIBED MAXIMUM PENALTY	NEW PRESCRIBED MAXIMUM PENALTY
Section 40 Assault with intent to rape	Level 5 imprisonment (10 years)	Level 5 imprisonment (10 years)
Section 44 Incest Subsection (1) with a child etc. Subsection (2) with an under 18 child etc. of de facto spouse	Level 2 imprisonment (20 years) Level 2 imprisonment (20 years)	Level 2 imprisonment (25 years) Level 2 imprisonment (25 years)
Subsection (3) with father or mother etc. where offender is 18 or older Subsection (4) with sister or brother etc.	Level 6 imprisonment (7½ years) Level 6 imprisonment (7½ years)	Level 6 imprisonment (5 years) Level 6 imprisonment (5 years)
Section 45 Sexual penetration of child under 10	Level 2 imprisonment (20 years)	Level 2 imprisonment (25 years)
Section 46 Sexual penetration of child 10–16 Subsection (1)(a) under care, supervision or authority Subsection (1)(b) any other case	Level 3 imprisonment (15 years) Level 5 imprisonment (10 years)	Level 4 imprisonment (15 years) Level 5 imprisonment (10 years)
Section 47 Indecent act with child under 16	Level 5 imprisonment (10 years)	Level 5 imprisonment (10 years)
Section 47A Sexual relationship with child under 16	Maximum penalty for the relevant offence	Level 2 imprisonment (25 years)
Section 48 Sexual penetration of a 16 or 17 year old child (under care, supervision or authority)	Level 8 imprisonment (3 years)	Level 5 imprisonment (10 years)
Section 49 Indecent act with 16 year old child	Level 8 imprisonment (3 years)	Level 6 imprisonment (5 years)
OFFENCE	PREVIOUSLY PRESCRIBED MAXIMUM PENALTY	NEW PRESCRIBED MAXIMUM PENALTY
Section 49A Facilitating sexual offences against children	Level 2 imprisonment (20 years)	Level 3 imprisonment (20 years)
Section 51 Subsection (1) Sexual penetration of person with impaired mental functioning by medical or therapeutic service provider Subsection (2) Indecent act with person with impaired mental functioning by medical or therapeutic service provider	Level 7 imprisonment (5 years) Level 8 imprisonment (3 years)	Level 5 imprisonment (10 years) Level 6 imprisonment (5 years)
Section 52 Subsection (1) Sexual penetration by worker of resident in residential facilities Subsection (2) Indecent act by worker of resident in residential facilities	Level 7 imprisonment (5 years) Level 8 imprisonment (3 years)	Level 5 imprisonment (10 years) Level 6 imprisonment (5 years)
Section 53 Administering drug for sexual penetration	Level 5 imprisonment (10 years)	Level 5 imprisonment (10 years)
Section 54 Occupier, etc. inducing or knowingly allowing unlawful sexual penetration (a) where child is aged under 13 (b) where child is aged between 13–17	Level 5 imprisonment (10 years) Level 7 imprisonment (5 years)	Level 4 imprisonment (15 years) Level 5 imprisonment (10 years)
OFFENCE	PREVIOUSLY PRESCRIBED MAXIMUM PENALTY	NEW PRESCRIBED MAXIMUM PENALTY
Section 55 Abduction or detention for sexual penetration	Level 5 imprisonment (10 years)	Level 5 imprisonment (10 years)
Section 56 Abduction of child under 16 for sexual penetration	Level 6 imprisonment (7½ years)	Level 6 imprisonment (5 years)
Section 57 Subsection (1) Procuring sexual penetration by threats or intimidation Subsection (2) Procuring sexual penetration by fraud	Level 6 imprisonment (7½ years) Level 7 imprisonment (5 years)	Level 5 imprisonment (10 years) Level 6 imprisonment (5 years)
Section 58 Procuring sexual penetration of child under 16	Level 7 imprisonment (5 years)	Level 6 imprisonment (5 years)
Section 59 Bestiality	Level 7 imprisonment (5 years)	Level 6 imprisonment (5 years)
Section 60 Soliciting acts of sexual penetration or indecent acts	Level 10 imprisonment or Level 10 fine (1 year or 120 Penalty Units)	Level 8 imprisonment (1 year) or Level 11 fine (60 Penalty Units)
Section 60A Sexual offence while armed with an offensive weapon	Level 8 imprisonment (3 years)	Level 7 imprisonment (2 years)
60B Loitering near schools etc.	Level 10 imprisonment or Level 11 fine (1 year or 60 Penalty Units)	Level 8 imprisonment (1 year)
Section 63 Subsection (1) Child stealing	Level 6 imprisonment (7½ years)	Level 6 imprisonment (5 years)
Subsection (2) Takes, decoys or entices away a child	Level 7 imprisonment (5 years)	Level 6 imprisonment (5 years)
Section 63A Kidnapping	Level 2 imprisonment (20 years)	Level 2 imprisonment (25 years)
OFFENCE	PREVIOUSLY PRESCRIBED MAXIMUM PENALTY	NEW PRESCRIBED MAXIMUM PENALTY
Section 64 Bigamy	Level 7 imprisonment (5 years)	Level 6 imprisonment (5 years)
Section 65 Abortion (attempt to procure)	Level 6 imprisonment (7½ years)	Level 5 imprisonment (10 years)
Section 66 Supplying or procuring anything to be employed in abortion	Level 8 imprisonment (3 years)	Level 6 imprisonment (5 years)
Section 67 Concealing birth of a child	Level 11 imprisonment (6 months)	6 months
Section 68 Production of child pornography	Level 9 imprisonment (2 years)	Level 5 imprisonment (10 years)
Section 69 Procuring of minor for child pornography	Level 7 imprisonment (5 years)	Level 5 imprisonment (10 years)
Section 70 Possession of child pornography	Level 10 imprisonment (1 year)	Level 7 imprisonment (2 years)
Section 70A Piracy with violence	Level 3 imprisonment (15 years)	Level 3 imprisonment (20 years)
Section 70B Piratical acts	Level 1 imprisonment (Life)	Level 3 imprisonment (20 years)
Section 70C Trading etc. with pirates	Level 5 imprisonment (10 years)	Level 5 imprisonment (10 years)
Section 70D Being found on board piratical vessel and unable to prove non-complicity	Level 11 imprisonment (6 months)	Level 6 imprisonment (5 years)
Section 74 Theft	Level 5 imprisonment (10 years)	Level 5 imprisonment (10 years)
Section 75 Robbery	Level 4 imprisonment (12½ years)	Level 4 imprisonment (15 years)
Section 75A Armed robbery	Level 2 imprisonment (20 years)	Level 2 imprisonment (25 years)
Section 76 Burglary	Level 4 imprisonment (12½ years)	Level 5 imprisonment (10 years)
Section 77 Aggravated burglary	Level 3 imprisonment (15 years)	Level 2 imprisonment (25 years)
OFFENCE	PREVIOUSLY PRESCRIBED MAXIMUM PENALTY	NEW PRESCRIBED MAXIMUM PENALTY
Section 78 Removal of articles from places open to the public	Level 7 imprisonment (5 years)	Level 6 imprisonment (5 years)
Section 80(1) Unlawfully taking control of an aircraft Subsection (2) where force or violence etc. is used	Level 4 imprisonment (12½ years) Level 3 imprisonment (15 years)	Level 4 imprisonment (15 years) Level 3 imprisonment (20 years)
Section 81 Obtaining property by deception	Level 5 imprisonment (10 years)	Level 5 imprisonment (10 years)
Section 82 Obtaining financial advantage by deception	Level 5 imprisonment (10 years)	Level 5 imprisonment (10 years)
Section 83 False accounting	Level 6 imprisonment (7½ years)	Level 5 imprisonment (10 years)
Section 83A Falsification of documents Subsection (1)–(5B) Subsection (5C)	Level 6 imprisonment (7½ years) Level 9 imprisonment (2 years)	Level 5 imprisonment (10 years) Level 6 imprisonment (5 years)
Section 85 False statements by company directors etc.	Level 6 imprisonment (7½ years)	Level 5 imprisonment (10 years)
Section 86 Suppression etc. of documents	Level 6 imprisonment (7½ years)	Level 5 imprisonment (10 years)
Section 87 Blackmail	Level 4 imprisonment (12½ years)	Level 4 imprisonment (15 years)
Section 88 Handling stolen goods	Level 5 imprisonment (10 years)	Level 4 imprisonment (15 years)
Section 89 Advertising rewards for return of goods stolen or lost	Level 13 fine (5 Penalty Units)	Level 13 fine (5 Penalty Units)
OFFENCE	PREVIOUSLY PRESCRIBED MAXIMUM PENALTY	NEW PRESCRIBED MAXIMUM PENALTY
Section 91 Going equipped for stealing etc.	Level 8 imprisonment (3 years)	Level 7 imprisonment (2 years)
Section 176 Receipt or solicitation of secret commission by an agent · corporation · person	Level 5 fine (1200 Penalty Units) Level 5 imprisonment and/or Level 5 fine (10 years and/or 1200 Penalty Units)	Level 5 fine (1200 Penalty Units) Level 5 imprisonment (10 years) and/or Level 5 fine (1200 Penalty Units)
Section 178 Giving or receiving false or misleading receipt or account · corporation · person	Level 5 fine (1200 Penalty Units) Level 5 imprisonment and/or Level 5 fine (10 years and/or 1200 Penalty Units)	Level 5 fine (1200 Penalty Units) Level 5 imprisonment (10 years) and/or Level 5 fine (1200 Penalty Units)
Section 179 Gift or receipt of secret commission in return for advice given · corporation · person	Level 5 fine (1200 Penalty Units) Level 5 imprisonment and/or Level 5 fine (10 years and/or 1200 Penalty Units)	Level 5 fine (1200 Penalty Units) Level 5 imprisonment (10 years) and/or Level 5 fine (1200 Penalty Units)

OFFENCE

PREVIOUSLY PRESCRIBED MAXIMUM PENALTY

NEW PRESCRIBED MAXIMUM PENALTY

Section 180 Secret commission to trustee in return for substituted appointment

· corporation

· other person

Level 5 fine
(1200 Penalty Units)

Level 5 imprisonment and/or Level 5 fine (10 years and/or 1200 Penalty Units)

corporation; level 5 fine (1200 Penalty Units)

person;
Level 5 imprisonment (10 years) and/or
level 5 fine
(1200 Penalty Units)

Section 181 Aiding and abetting offences within or outside Victoria

· corporation

· other person

Level 5 fine
(1200 Penalty Units)

Level 5 imprisonment and/or Level 5 fine (10 years and/or 1200 Penalty Units)

Level 5 fine (1200 Penalty Units)

Level 5 imprisonment (10 years) and/or
Level 5 fine
(1200 Penalty Units)

Section 182 Liability of directors etc. acting without authority

· corporation

· other person

Level 5 fine
(1200 Penalty Units)

Level 5 imprisonment and/or Level 5 fine (10 years and/or 1200 Penalty Units)

Level 5 fine (1200 Penalty Units)

Level 5 imprisonment (10 years) and/or
level 5 fine (1200 Penalty Units)

Section 191(1) Fraudulently inducing persons to invest money

Level 5 imprisonment (10 years)

Level 4 imprisonment (15 years)

OFFENCE	PREVIOUSLY PRESCRIBED MAXIMUM PENALTY	NEW PRESCRIBED MAXIMUM PENALTY
Section 197 Destroying or damaging property Subsection (1) damaging property Subsection (2) damaging property intending to endanger another's life Subsection (3) damaging property for gain Subsection (7) Arson	Level 6 imprisonment (7½ years) Level 4 imprisonment (12½ years) Level 5 imprisonment (10 years) Level 4 imprisonment (12½ years)	Level 5 imprisonment (10 years) Level 4 imprisonment (15 years) Level 5 imprisonment (10 years) Level 4 imprisonment (15 years)
Section 197A Arson causing death	not applicable	Level 2 imprisonment (25 years)
Section 198 Threats to destroy or damage property	Level 7 imprisonment (5 years)	Level 6 imprisonment (5 years)
Section 199 Possessing anything with intent to destroy or damage property	Level 8 imprisonment (3 years)	Level 6 imprisonment (5 years)
Section 206 Rioters demolishing buildings Subsection (1) Subsection (2)	Level 6 imprisonment (7½ years) Level 7 imprisonment (5 years)	Level 4 imprisonment (15 years) Level 6 imprisonment (5 years)
Section 207 Forcible entry	Level 10 imprisonment and/or Level 10 fine (1 year and/or 120 Penalty Units)	Level 8 imprisonment (1 year)
Section 225 Conveying water into a mine	Level 6 imprisonment (7½ years)	Level 6 imprisonment (5 years)
Section 228 Removing etc. piles of sea banks	Level 6 imprisonment (7½ years)	Level 6 imprisonment (5 years)
OFFENCE	PREVIOUSLY PRESCRIBED MAXIMUM PENALTY	NEW PRESCRIBED MAXIMUM PENALTY
Section 232 Placing things on railways to obstruct or overturn engine etc.	Level 6 imprisonment (7½ years)	Level 5 imprisonment (10 years)
Section 233 Obstructing engine, carriage etc. on railway	Level 9 imprisonment (2 years)	Level 7 imprisonment 2 years
Section 244 Altering signals or exhibiting false ones	Level 6 imprisonment (7½ years)	Level 5 imprisonment (10 years)
Section 245 Removing buoy etc.	Level 8 imprisonment (3 years)	Level 6 imprisonment (5 years)
Section 246A Endangering safe operation of an aircraft	Level 5 imprisonment (10 years)	Level 4 imprisonment (15 years)
Section 246B Setting fire etc. to aircraft	Level 6 imprisonment (7½ years)	Level 4 imprisonment (15 years)
Section 246C Endangering safety of aircraft	Level 7 imprisonment (5 years)	Level 5 imprisonment (10 years)
Section 246D(1) Dangerous goods on aircraft	Level 7 imprisonment (5 years)	Level 6 imprisonment (5 years)
Section 246E Threats to safety of aircraft	Level 7 imprisonment (5 years)	Level 6 imprisonment (5 years)
Section 247 False statements	Level 9 imprisonment (2 years)	Level 6 imprisonment (5 years)
Section 248 subsections (1)–(3) Contamination of goods	Level 5 imprisonment and/or Level 5 fine (10 years and/or 1200 Penalty Units)	Level 5 imprisonment (10 years)
Section 314 Perjury	Level 4 imprisonment (12½ years)	Level 4 imprisonment (15 years)

OFFENCE	PREVIOUSLY PRESCRIBED MAXIMUM PENALTY	NEW PRESCRIBED MAXIMUM PENALTY
Section 316(1) Unlawful oaths to commit treason, murder etc. Section 316(2) Unlawful oaths for other offences	Level 7 imprisonment (5 years) Level 8 imprisonment (3 years)	Level 5 imprisonment (10 years) Level 6 imprisonment (5 years)
Section 317 Offences connected with explosive substances Subsection (2) Subsection (3) Subsection (4)	Level 4 imprisonment (12½ years) Level 5 imprisonment (10 years) Level 7 imprisonment (5 years)	Level 4 imprisonment (15 years) Level 5 imprisonment (10 years) Level 6 imprisonment (5 years)
Section 317A Bomb hoaxes	Level 7 imprisonment and/or Level 7 fine (5 years and/or 600 Penalty Units)	Level 6 imprisonment (5 years)
Section 318 Culpable driving causing death	Level 3 imprisonment and/or Level 3 fine (15 years and/or 1800 Penalty Units)	Level 3 imprisonment (20 years)

OFFENCE

PREVIOUSLY PRESCRIBED MAXIMUM PENALTY

NEW PRESCRIBED MAXIMUM PENALTY

Section 321C Penalties for conspiracy;
Subsection (1)(a) to commit an offence with a prescribed maximum

Subsection (1)(b) to commit an offence where the penalty is imprisonment for a term the maximum length of which is not prescribed

Subsection (1)(ba) to commit murder or treason or piratical acts

Subsection (1)(d) to commit a summary offence

Liable to the maximum prescribed for the substantive offence

Level 5 imprisonment (10 years)

Level 1 imprisonment (Life)

Level 8 imprisonment (3 years)

Liable to the maximum prescribed for the substantive offence

Level 4 imprisonment (15 years) (for common law offences)

Level 1 imprisonment (Life)

Level 6 imprisonment (5 years)

Subsection (2) to commit an offence against a law in force only in a place outside Victoria—

(a) punishable by a
term of
imprisonment

(b) in any other case

Level 7 imprisonment (5 years)

Level 7 fine
(600 Penalty Units)

Liable to the maximum prescribed as if the conspiracy was to commit an offence against the laws of Victoria

Level 7 fine
(600 Penalty Units)

OFFENCE

PREVIOUSLY PRESCRIBED MAXIMUM PENALTY

NEW PRESCRIBED MAXIMUM PENALTY

Section 321I Penalties for incitement

Subsection (1)(a) to commit an offence with a prescribed maximum

Subsection (1)(b) to commit an offence where the penalty is imprisonment for a term the maximum length of which is not prescribed

Subsection (1)(ba) to commit murder or treason or piratical acts

Subsection (1)(d) to commit a summary offence

Liable to the maximum prescribed for the offence

Level 7 imprisonment (5 years)

Level 1 imprisonment (Life)

Level 8 imprisonment (3 years)

Liable to the maximum prescribed for the substantive offence

Level 4 imprisonment (15 years)

Life

Level 6 imprisonment (5 years)

Subsection (2) to commit an offence against a law in force only in a place outside Victoria—

(a) punishable by a
term of
imprisonment

(b) in any other case

Level 7 imprisonment (5 years)

Level 7 fine
(600 Penalty Units)

Liable to the maximum prescribed as if the incitement was to commit an offence against the laws of Victoria

Level 7 fine
(600 Penalty Units)

Section 321P Penalties for attempt

See item 94 of
Schedule 1

OFFENCE	PREVIOUSLY PRESCRIBED MAXIMUM PENALTY	NEW PRESCRIBED MAXIMUM PENALTY
Section 325 Subsection (4)(a) where the principal offence is punishable by Level 1 imprisonment Subsection (4)(b) in any other case	Level 2 imprisonment (20 years) imprisonment for a term not more than 60 months nor more than ½ the length of the longest term which may be imposed on first conviction for the principal offence	Level 3 imprisonment (20 years) imprisonment for a term not more than 60 months nor more than ½ the length of the longest term which may be imposed on first conviction for the principal offence
Section 326 Concealing offences for benefit	Level 10 imprisonment (1 year)	Level 8 imprisonment (1 year)
Section 343 Obstruction	Level 11 fine	Level 11 fine
Section 357(3) Failing or refusing to comply with a warrant to discharge a person from imprisonment	5 Penalty Units	5 Penalty Units
Section 415(1A) Issue of warrant when witness does not appear	Level 13 fine (5 Penalty Units)	Level 13 fine (5 Penalty Units)
Section 443A Failing to comply with an undertaking to the Director of Public Prosecutions	Level 12 fine (10 penalty units)	Level 12 fine (10 penalty units)
Section 456AA Requirement to give name and address	Level 13 fine (5 penalty units)	Level 13 fine (5 penalty units)
Section 456E Offence by an employee or member of a law enforcement agency	Level 10 fine (1200 penalty units)	Level 10 fine (1200 penalty units)
OFFENCE	PREVIOUSLY PRESCRIBED MAXIMUM PENALTY	NEW PRESCRIBED MAXIMUM PENALTY
Section 464O Destruction of records	Level 12 fine (10 penalty units)	Level 12 fine (10 penalty units)
Section 464ZG Destruction of identifying information	Level 10 imprisonment or Level 10 fine	Level 10 imprisonment or Level 10 fine
Section 479A Rescuing of a prisoner from lawful custody	Level 5 imprisonment (10 years)	Level 5 imprisonment (10 years)
Section 479B Aiding a prisoner in escaping	Level 7 imprisonment (5 years)	Level 6 imprisonment (5 years)
Section 479C Escape and related offences	Level 7 imprisonment (5 years)	Level 6 imprisonment (5 years)

Maximum penalties introduced for common law offences for which no statutory maximum penalty had previously been fixed

OFFENCE	PRESCRIBED MAXIMUM PENALTY
Affray	Level 6 imprisonment (5 years)
Attempting to pervert the course of justice	Level 2 imprisonment (25 years)
Breach of Prison	Level 6 imprisonment (5 years)
Bribery of Public official	Level 5 imprisonment (10 years)
Common assault	Level 6 imprisonment (5 years)
Conspiracy to cheat and defraud	Level 4 imprisonment (15 years)
Conspiracy to defraud	Level 4 imprisonment (15 years)
Criminal defamation	Level 5 imprisonment (10 years)
Embracery	Level 4 imprisonment (15 years)
False imprisonment	Level 5 imprisonment (10 years)
Kidnapping	Level 2 imprisonment (25 years)
Misconduct in public office	Level 5 imprisonment (10 years)
Perverting the course of justice	Level 2 imprisonment (25 years)
Public Nuisance	Level 6 imprisonment (5 years)
Riot	Level 5 imprisonment (10 years)
Rout	Level 6 imprisonment (5 years)
Unlawful assembly	Level 6 imprisonment (5 years)

Amendments to the maximum penalties of other Acts

OFFENCE	PREVIOUSLY PRESCRIBED MAXIMUM PENALTY	NEW PRESCRIBED MAXIMUM PENALTY
Crimes (Confiscation of Profits) Act 1986
Section 41Q Money laundering	10 years imprisonment	Level 3 imprisonment (20 years)
Drugs, Poisons and Controlled Substances Act 1981
Section 71 Trafficking in a drug of dependence— (a) commercial quantity	25 years imprisonment and not more than 2500 penalty units	Level 2 imprisonment (25 years) and not more than 2500 penalty units
(b) any other case	15 years imprisonment and/or 1000 penalty units	Level 4 imprisonment (15 years) and/or 1000 penalty units
Section 72 Cultivation of a narcotic plant— (a) not for any purpose related to trafficking) (b) any other case	1 year imprisonment and/or 20 penalty units 15 years imprisonment and/or 1000 penalty units	Level 8 imprisonment (1 year) and/or 20 penalty units Level 4 imprisonment (15 years) and/or 1000 penalty units
Section 73 Possession of a drug of dependence— (a) small quantity (b) not for a purpose related to trafficking (c) any other case	5 penalty units 1 year imprisonment and/or 30 penalty units 5 years imprisonment and/or 400 penalty units	5 penalty units Level 8 imprisonment (1 year) and/or 30 penalty units Level 6 imprisonment (5 years) and/or 400 penalty units
OFFENCE	PREVIOUSLY PRESCRIBED MAXIMUM PENALTY	NEW PRESCRIBED MAXIMUM PENALTY
Section 78 Conspiring	same penalty and punishment as if the offender committed the offence	same penalty and punishment as if the offender committed the offence
Legal Practice Act 1996
Section 188 Solicitor defalcation	10 years imprisonment	Level 4 imprisonment (15 years)
Section 263 Improperly destroying property	3 years imprisonment	Level 6 imprisonment (5 years)
Prisoners (Interstate Transfer) Act 1983
Section 33(1) Escape from custody	7 years imprisonment	Level 6 imprisonment (5 years)
Prostitution Control Act 1994
Section 5 Causing or inducing child to take part in prostitution	7 years imprisonment	Level 5 imprisonment (10 years)
Section 6 Obtaining payment for sexual services provided by a child	7 years imprisonment	Level 4 imprisonment (15 years)
Section 7 Agreement for provision of sexual services by a child	7 years imprisonment	Level 4 imprisonment (15 years)
Section 8 Forcing person into or to remain in prostitution	7 years imprisonment	Level 5 imprisonment (10 years)
Section 9 Forcing person to provide financial support out of prostitution	7 years imprisonment	Level 5 imprisonment (10 years)
Section 10 Living on earnings of prostitute	4 years imprisonment	Level 6 imprisonment (5 years)
OFFENCE	PREVIOUSLY PRESCRIBED MAXIMUM PENALTY	NEW PRESCRIBED MAXIMUM PENALTY
Section 11 Allowing child to take part in prostitution	4 years imprisonment	Level 5 imprisonment (10 years)
Section 22(1) and (3) Prostitution service providers to be licensed	3 years imprisonment and/or 360 penalty units	Level 6 imprisonment (5 years) and/or 360 penalty units

[20] Table of Amendments: The amendment proposed by section 10A of the Sentencing Amendment (Emergency Workers) Act 2014, No. 69/2014 (as amended by Nos 72/2014, 79/2014) (repealed) is not included in this publication, as section 10A never commenced. Commencement of section 10A was contingent upon legislation that was not enacted: see section 2(1) of No. 69/2014 (as amended by No. 79/2014 section 66).

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Citations

Sentencing Act 1991 (Vic)

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