Sentencing (No. 2) (Amendment) Regulations 1997 (Vic)

Sentencing (No. 2) (Amendment) Regulations 1997

S.R. No. 126/1997

TABLE OF PROVISIONS

Regulation Page

1.	Objectives	1
2.	Authorising provisions	2
3.	Principal Regulations	2
4.	Amendment of regulation 7	2
5.	New regulation 7A inserted	2

7A.	New prescribed persons and new prescribed classes of
persons 3

6.	Regulations 10(1) and 11 revoked	5
7.	Amendment of regulation 12	5

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NOTES 6

i

STATUTORY RULES 1997

S.R. No. 126/1997

Sentencing Act 1991

Sentencing (No. 2) (Amendment) Regulations 1997

The Lieutenant-Governor as the Governor's Deputy with the
advice of the Executive Council makes the following
Regulations:
Dated: 18 November 1997

Responsible Minister:

JAN WADE

Attorney-General

SHARNE BRYAN

Clerk of the Executive Council

1. Objectives

The objectives of these Regulations are—

(a) to prescribe persons and classes of persons who can—

(i)  by filing a charge, proceed against an offender where there has been a breach of a sentencing order;

(ii)  make applications to a court for a variation of a sentencing order;

(iii)  make applications to a court for a review of special conditions imposed by a sentencing court;

(iv)  make applications to the Secretary to the Department of Human Services for a review of a justice plan; and

Sentencing (No. 2) (Amendment) Regulations 1997

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(b) to revoke certain regulations and forms.

2. Authorising provisions

These Regulations are made under sections
18W(1), 26(1), 31(1), 47(1), 61(3)(b), 78(3)(b),
79(1), 81(2)(c), 82(2)(c) and 116 of the

Sentencing Act 1991.

3. Principal Regulations

In these Regulations, the Sentencing (No. 2)
Regulations 19921 are called the Principal

Regulations.

4. Amendment of regulation 7

(1) In regulation 7 of the Principal Regulations, in the

Table—

(a)	in column 1, omit all entries in this column except "30(3)(b)", "31(2)", "81(2)(c)" and "82(2)(c)";
(b)	in column 2, omit all entries in this column except entries specified opposite the entries in column 1 relating to "30(3)(b)", "31(2)", "81(2)(c)" and "82(2)(c)".

(2) After regulation 7 of the Principal Regulations

insert—
"(2) On and from the commencement of the

Sentencing (No. 2) (Amendment) Regulations 1997, a reference to section 81(2)(c) or section 82(2)(c) in the Table in sub-regulation (1) must be taken to be a reference to that section as in force immediately before the commencement of section 14(9) of the Sentencing and Other Acts (Amendment) Act 1997 and only to the extent that it relates to a suspended sentence.".

5. New regulation 7A inserted

Sentencing (No. 2) (Amendment) Regulations 1997

S.R. No. 126/1997

After regulation 7 of the Principal Regulations,
insert—

"7A. New prescribed persons and new prescribed

classes of persons

(1) For the purposes of the section of the Act

specified in column 1 of the Table, the
person specified in column 2 of the Table
and the class of persons specified in column

3 of the Table are prescribed.

TABLE

Column 1	Column 2	Column 3
Section	Prescribed person	Prescribed class of persons
18W(1)	The Director of	Members of staff
Public Prosecutions.	employed in the Office of
The Secretary to the	Public Prosecutions as
Department of	legal practitioners or as
Justice.	legal executives.
Members of staff employed in CORE–the Public Correctional Enterprise in the Department of Justice as Senior Prosecutions Officers. Community corrections officers.
26(1)	The Director of	Members of staff
Public Prosecutions.	employed in the Office of
The Secretary to the	Public Prosecutions as
Department of	legal practitioners or as
Justice.	legal executives.
Members of staff employed in CORE–the Public Correctional Enterprise in the Department of Justice as Senior Prosecutions Officers.

Sentencing (No. 2) (Amendment) Regulations 1997

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Column 1	Column 2	Column 3
Section	Prescribed person	Prescribed class of persons Community corrections officers.
31(1)	The Director of	Members of staff
Public Prosecutions.	employed in the Office of
The informant.	Public Prosecutions as legal practitioners or as legal executives.
Members of the police force.
47(1)	The Director of	Members of staff
Public Prosecutions.	employed in the Office of
The Secretary to the	Public Prosecutions as
Department of	legal practitioners or as
Justice.	legal executives. Members of staff employed in CORE–the
Public Correctional Enterprise in the Department of Justice as Senior Prosecutions Officers. Community corrections officers.
61(3)(b)	The informant.	Members of staff employed in the Office of Public Prosecutions as legal practitioners or as legal executives. Members of the police force.
Column 1	Column 2	Column 3
Section	Prescribed person	Prescribed class of persons
78(3)(b)	The informant.	Members of staff employed in the Office of Public Prosecutions as legal practitioners or as

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legal executives.
Members of the police

force.

79(1)	The Director of	Members of staff
Public Prosecutions.	employed in the Office of
The informant.	Public Prosecutions as legal practitioners or as legal executives.
Members of the police force.
81(2)(c)	The informant.	Members of the police force.
82(2)(c)	The informant.	Members of the police force.

(2) A reference to the informant in the Table in

sub-regulation (1) is a reference to the
informant in the proceeding for which the
sentencing order was made.".

6. Regulations 10(1) and 11 revoked

(1) Regulations 10(1) and 11 of the Principal

Regulations are revoked.

(2) In the Principal Regulations, Forms 4 and 6 are

revoked.

7. Amendment of regulation 12

In regulation 12 of the Principal Regulations—

(a) omit "31(1),"; and

(b) omit "or 79(1)".

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Sentencing (No. 2) (Amendment) Regulations 1997

Notes S.R. No. 126/1997

NOTES

1 S.R. No. 54/1992 as amended by S.R. Nos 149/1993 and 46/1996.