Untitled document

Serious Sex Offenders (Detention and Supervision) Amendment Act 2012

No. 65 of 2012

table of provisions

Section  Page

1Purpose

2Commencement

3Principal Act

4Expiry of supervision order

5Expiry of detention order

6Expiry of interim order

7Periodic reviews of supervision orders

8Proceedings for offence

9Information-sharing between the Secretary and the
Victorian Registrar

10Heading to Division 1 of Part 13 amended

11Offence to publish certain information

12Restriction on identification of offender

13Matters to which court must have regard

14Sharing of information

15Repeal of amending Act

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Endnotes

Serious Sex Offenders (Detention and Supervision) Amendment Act 2012

No. 65 of 2012

[Assented to 7 November 2012]

The Parliament of Victoria enacts:

1Purpose

The purpose of this Act is to make miscellaneous amendments to the Serious Sex Offenders (Detention and Supervision) Act 2009.

2Commencement

(1)Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.

(2)If a provision of this Act does not come into operation before 30 September 2013, it comes into operation on that day.

3Principal Act

In this Act, the Serious Sex Offenders (Detention and Supervision) Act 2009 is called the Principal Act.

4Expiry of supervision order

In section 25 of the Principal Act—

(a)in paragraph (c), for "detention order." substitute "detention order; or";

(b)after paragraph (c) insert—

"(d)on the deportation or removal of the offender from Australia under the Migration Act 1958 of the Commonwealth; or

(e)on the death of the offender.".

5Expiry of detention order

In section 44 of the Principal Act—

(a)in paragraph (c), for "supervision order." substitute "supervision order; or";

(b)after paragraph (c) insert—

"(d)on the deportation or removal of the offender from Australia under the Migration Act 1958 of the Commonwealth; or

(e)on the death of the offender.".

6Expiry of interim order

In section 61 of the Principal Act—

(a)in paragraph (b), for "made." substitute "made; or";

(b)after paragraph (b) insert—

"(c)on the deportation or removal of the offender from Australia under the Migration Act 1958 of the Commonwealth; or

(d)on the death of the offender.".

7Periodic reviews of supervision orders

After section 65(3) of the Principal Act insert—

"(4)When the court reviews a supervision order under this Part, the court must at the same time review any order made under section 184 in respect of the offender to determine whether that order should continue, having regard to the matters specified in section 185.".

8Proceedings for offence

(1)In section 172(2) of the Principal Act, for "The person" substitute "Subject to subsection (3), the person".

(2)In section 172(3) of the Principal Act—

(a)for "If the person bringing the proceedings is the Secretary, the Registrar or a member of the police force of or above the rank of inspector, that person" substitute "The Secretary, the Registrar or a member of the police force of or above the rank of inspector";

(b)after "without delay" insert "by the person bringing the proceedings".

9Information-sharing between the Secretary and the Victorian Registrar

In section 180(a) of the Principal Act, for "may" substitute "must".

10Heading to Division 1 of Part 13 amended

In the heading to Division 1 of Part 13 of the Principal Act, for "Suppression of publication" substitute "Publication".

11Offence to publish certain information

For section 182(4) of the Principal Act substitute—

"(4)In this section—

media organisation means a person or body that engages in journalism;

publish means—

(a)insert in a newspaper or other periodical publication; or

(b)disseminate by broadcast, telecast or cinematograph; or

(c)otherwise disseminate to the public by any means.".

12Restriction on identification of offender

At the foot of section 184 of the Principal Act insert—

"Note

Section 65(4) requires that an order under this section in respect of an offender who is subject to a supervision order must be reviewed when that supervision order is reviewed.".

13Matters to which court must have regard

For section 185(c) of the Principal Act substitute—

"(c)the protection of children, families and the community;

(d)the offender's compliance with any order made under this Act;

(e)the location of the residential address of the offender.".

14Sharing of information

In section 189(4) of the Principal Act, in the definition of relevant Act, after paragraph (aab) insert—

"(aaba)the Corrections Act 1986; or".

15Repeal of amending Act

This Act is repealed on 30 September 2014.

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: 12 September 2012

Legislative Council: 11 October 2012

The long title for the Bill for this Act was "A Bill for an Act to amend the Serious Sex Offenders (Detention and Supervision) Act 2009 and for other purposes."