Serious Sex Offenders (Detention and Supervision) Amendment Regulations 2014 (Vic)

Serious Sex Offenders (Detention and Supervision) Amendment Regulations 2014

S.R. No. 21/2014

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Principal Regulations

5New regulation 18A inserted

18ATransfer of a proceeding

6New Form 14A inserted

Form 14A

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ENDNOTES

STATUTORY RULES 2014

S.R. No. 21/2014

Serious Sex Offenders (Detention and Supervision) Act 2009

Serious Sex Offenders (Detention and Supervision) Amendment Regulations 2014

The Governor in Council makes the following Regulations:

Dated: 29 April 2014

Responsible Minister:

EDWARD O'DONOHUE
Minister for Corrections

YVETTE CARISBROOKE

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Serious Sex Offenders (Detention and Supervision) Regulations 2009 to prescribe a form for the transfer of proceedings relating to the breach of a supervision order to the court that made the supervision order.

2Authorising provision

These Regulations are made under section 198 of the Serious Sex Offenders (Detention and Supervision) Act 2009.

3Commencement

These Regulations come into operation on 1 July 2014.

4Principal Regulations

In these Regulations, the Serious Sex Offenders (Detention and Supervision) Regulations 2009[1] are called the Principal Regulations.

5New regulation 18A inserted

After regulation 18 of the Principal Regulations insert—

"18A   Transfer of a proceeding

For the purposes of section 172A(3) of the Act, the prescribed form for an order made by the Magistrates' Court to transfer a proceeding is the form set out in Form 14A.".

6New Form 14A inserted

After Form 14 of the Principal Regulations insert—

"FORM 14A

Regulation 18A

ORDER FOR THE TRANSFER OF PROCEEDINGS FOR BREACH OF SUPERVISION ORDER

DIVISION 4—PART 11—SERIOUS SEX OFFENDERS (DETENTION AND SUPERVISION) ACT 2009

The Magistrates' Court of Victoria at

Informant:

Accused:

Date of Birth:

Proceedings commenced by: Charge and Summons*/Charge and Warrant*

Nature of Charge: That the Accused did contravene a condition of a supervision order under section 160 of the Serious Sex Offenders (Detention and Supervision) Act 2009.

I, [name], registrar of the Magistrates' Court of Victoria at [venue] order that the proceeding under the Serious Sex Offenders (Detention and Supervision) Act 2009 be transferred to the

COUNTY COURT at*

SUPREME COURT at*

This order is made under section 172A of the Serious Sex Offenders (Detention and Supervision) Act 2009 and takes effect on the filing of the evidence of service of the summons in the above mentioned court*/on the execution of the warrant against the offender*.

Dated at:

On:

Registrar of the Magistrates' Court of Victoria

*Strike out whichever is inapplicable.".

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ENDNOTES

[1] Reg. 4: S.R. No. 187/2009.