Sentencing Amendment Act 2009 (Vic)

Sentencing Amendment Act 2009

No. 77 of 2009

table of provisions

Section  Page

1Purpose

2Commencement

3Sentencing guidelines

4New section 138 inserted

138Transitional provision—Sentencing Amendment Act 2009

5Repeal of Act

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Endnotes

Sentencing Amendment Act 2009

No. 77 of 2009

[Assented to 1 December 2009]

The Parliament of Victoria enacts:

1Purpose

The purpose of this Act is to amend the Sentencing Act 1991 to provide specifically that, in sentencing an offender, a court must have regard to whether the offender was motivated 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.

2Commencement

This Act comes into operation on the day after the day on which it receives the Royal Assent.

3Sentencing guidelines

After section 5(2)(d) of the Sentencing Act 1991 insert—

"(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".

4New section 138 inserted

At the end of Part 12 of the Sentencing Act 1991 insert—

"138   Transitional provision—Sentencing Amendment Act 2009

Section 5(2)(daaa) as inserted by section 3 of the Sentencing Amendment Act 2009 applies to a sentence imposed on or after the commencement of that Act, irrespective of when the offence was committed.".

5Repeal of Act

This Act is repealed on the first anniversary of its commencement.

Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

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Endnotes

Minister's second reading speech—

Legislative Assembly: 17 September 2009

Legislative Council: 15 October 2009

The long title for the Bill for this Act was "A Bill for an Act to amend the Sentencing Act 1991 and for other purposes."