Sentencing (Amendment) Act 1999 (Vic)

Sentencing (Amendment) Act 1999

Act No. 19/1999

TABLE OF PROVISIONS

Section

Page

1.	Purpose	1
2.	Commencement	2
3.	Principal Act	2
4.	Deferred sentencing order	2
5.	Combined custody and treatment orders	3
6.	New section 18VA inserted	4
18VA. Variation of combined custody and treatment order	4
7.	Intensive correction orders	5
8.	Community-based orders	6
9.	New Division 7 inserted in Part 3	6
Division 7—Deferral of Sentencing in Magistrates' Court	6

83A.

Deferral of sentencing

6

10.	Application under section 86 by child or person under disability	8
11.	Use of victim impact statements in compensation application	9
12.	Power to award costs on application under section 86	9
13.	New section 95BA inserted	9
95BA. Medical reports	9
14.	Victim impact statements	11
15.	New section 122 inserted	12

122.        Transitional provisions—Sentencing (Amendment) Act

1999 12

16.	Statute law revision	13
17.	Amendment of Children and Young Persons Act 1989	13

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NOTES

15

i

Victoria

No. 19 of 1999

Sentencing (Amendment) Act 1999†

[Assented to 18 May 1999]

The Parliament of Victoria enacts as follows:

1. Purpose

(1) The main purpose of this Act is to amend the

Sentencing Act 1991 so as to—

(a)	enable the Magistrates' Court to defer the sentencing of certain offenders; and
(b)	make further provision with respect to the conditions, and enable the variation, of a combined custody and treatment order;

Sentencing (Amendment) Act 1999

Act No. 19/1999

s. 2

(c)	allow conditions to be imposed under an intensive correction order for a period shorter than the duration of the order;
(d)	make miscellaneous amendments in relation to applications for compensation orders;
(e)	enable medical reports to be attached to victim impact statements.

(2) Another purpose of this Act is to amend the

Children and Young Persons Act 1989 so as to widen the sentencing options available on dealing with a breach of the conditions of a temporary

leave permit.

2. Commencement

(1) This section and sections 1, 3, 16 and 17 come

into operation on the day on which this Act

receives the Royal Assent.

(2) Subject to sub-section (3), the remaining

provisions of this Act come into operation on a
day or days to be proclaimed.

(3) If a provision referred to in sub-section (2) does

not come into operation before 1 January 2000, it
comes into operation on that day.

3. Principal Act

In this Act, the Sentencing Act 1991 is called the	No. 49/1991. Reprint No. 4
Principal Act.	as at 1 July 1998. Further
amended by No. 57/1998.

4. Deferred sentencing order

In section 7 of the Principal Act, at the end of the section insert—

Sentencing (Amendment) Act 1999

"(2) If the Magistrates' Court finds a person aged

17 years or more but under 25 years of age
guilty of an offence, it may defer sentencing
the person in accordance with section 83A.".

5. Combined custody and treatment orders

(1) In section 18Q(7) of the Principal Act,…